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ATENEO DE ZAMBOANGA UNIVERSITY

COLLEGE OF NURSING

Philippine Nursing Law


and other Related Laws
BY ATTY. EKEENA O. LIM, R.N.
AUGUST 12, 2017
Nursing Jurisprudence:
Defined
• department of law which
comprises all legal rules and
principles affecting the practice
of nursing
• Includes the study and
interpretation of rules and
principles and their application
in the regulation of the practice
of nursing
Significance of Law in the
Nursing Practice
 provides a framework for establishing what nursing
actions in the care of patients are legal
 delineates the nurse’s responsibilities from those of
other collaborative professions in the medical field
 assists to establish the boundaries of independent
nursing actions
 assists in maintaining a standard of nursing practice by
making nurses accountable to the law
Sources of Nursing Jurisprudence in the
Philippines
 1987 Philippine Constitution (particularly Article III-Bill of Rights
thereof)
 Republic Act 9173, “Philippine Nursing Act of 2002”
 Supreme Court decisions pertaining to the nursing practice
 BON/PRC promulgated rules and regulations
 Decisions of administrative agencies relative to the practice
 Revised Penal Code
 New Civil Code of the Philippines
Brief History of the
Philippine Nursing Law
Act No. 2493 (1915)

 An act to amend Act No. 310 regulating the


practice of medicine in the Philippines
 theact first embodied the provision for the
examination and registration of nurses
Act No. 2802 (1919)

 an Act regulating practice of nursing profession


 the first “True Nursing Law”
 created
the board of examiners composed of 3
members
 examination
date on the 2nd Monday of June
and December
Act No. 3025 (1922)

 Amplification of the definition of the


nursing profession
 Granting the privilege of registering as
nurses without exams those Registered
Nurses from the United States
Act No. 4007 (1932)

 Reorganization law of 1932


 Conduct of examination was placed under
the direct supervision of Bureau of Civil
Service
 Change of jurisdiction over the Board of
Examiner under the Department of
Instruction
Republic Act No. 546 (1953)

 Organization of the Board of Examiners of


nurses
 Provisions regarding nursing schools and
colleges, examinations, registration of
nurses including provisions relative to the
practice of nursing
 Two important provisions pertained to the need for
registration as nurse before anyone could practice
nursing in the country

• No person shall practice or offer to practice nursing


in the Philippines as defined in the Act, without
holding a valid certificate of registration as nurse
issued by the Board of Examiners for Nurses

• Provided for a penalty for the unauthorized practice


of the profession
Republic Act 4704 (1966)
 The membership of the Board of Examiners for nurses was increased
from 3 to 5 members
 The requisite academic degree for members of the Board was a
Master’s Degree in Nursing
 Academic Qualification for Dean, Directors and Principals of colleges
and schools of nursing was raised to that of Master’s Degree in
Nursing
 Minimum age required of applicants for admission to the nurse’s
examination was lowered from 21 to 18 years of age, but no
candidate who passed the examination was permitted to practice the
profession until he/she reached the age of 21 years of age
Republic Act 6136 (1970)

 The application and execution of legal orders in


writing of physicians concerning treatments and
medications including the application of
hypodermic and intramuscular injection;
provided that intravenous and other injection
may be administered under the direction and in
the presence of the said physician
Republic Act 7164
“Philippine Nursing Act of 1991”
Redefinition of the scope of nursing practice to
emphasize

 The use of nursing process as a scientific discipline in


arriving at an appropriate nursing action and care
 The teaching, management, leadership and decision
making roles of the nurse
 The undertaking of and participation in studies and
research by nurses
 Specificationsof qualifications of administrators of
nursing services
 Inclusion of the phrase “unethical conduct” as one of
the reasons for revocation and suspension of
certificate of registration
Republic Act 9173
“Philippine Nursing Act of 2002”
 Board of Nursing (BON) membership
composed of a Chairman and 6 members
 Primary powers and duties of the BON:
supervision and regulation of the practice
of the nursing profession
Sec. 9, Powers and Duties
of the Board
Added powers and duties
of the BON:
•Adopt and regulate a Code of Ethics
and Code of Technical Standards for
the practice of nursing
•Reorganize specialty organization
in coordination with accredited
professional organization
Sec. 11, Removal or Suspension of
Board Members
 Continued neglect of
duty or incompetence;
 Commission or toleration
of irregularities in the
licensure examination;
and
 Unprofessional immoral
or dishonourable conduct
Article IV
EXAMINATION AND REGISTRATION
Section 12, Licensure Examination

 Applicants for license to


practice the profession
shall be required to pass a
written examination
 Must be in accordance
with the guidelines
provided by the
Professional Regulation
Commission (PRC)
Section 13, Qualifications for Admission
to the Licensure Examination
In order to be admitted to the
examination, an applicant must
at the time of filing of his/her
application:
 Citizen of the Philippines or a
citizen or subject of a country
with reciprocal privileges
 Of good moral character
 Holder of Bachelor’s Degree
in Nursing recognized by
CHED
Section 16, Oath

 All successful candidates in


the examination shall be
required to take an oath of
profession before the Board
or any government official
authorized to administer
oaths prior to entering upon
the nursing practice.
Section 20, Registration by Reciprocity

 Certificate of registration/license may be issued


WITHOUT examination to nurses registered under the
laws of a foreign state or country
 requirements for registration or licensing of nurses in
said country are substantially the same as those
prescribed under this Act.
 laws of the country of the applicant offer the same
privileges to Filipino nurses in their territory
Section 22, Non-registration and Non-issuance of
Certificates of Registration/Professional License or
Special Temporary Permit

The following shall not be issued with certificate or


license or permit:
 Person convicted of FINAL JUDGMENT of any criminal
offense involving moral turpitude
 Any person guilty of immoral or dishonourable conduct
 Any person declared by the court to be of unsound
mind
Section 23, Revocation and suspension of
Registration/Professional License and Cancellation
of Special/Temporary Permit
Grounds for revocation/suspension:
 any causes mentioned in the preceding section;
 Unprofessional and unethical conduct
 gross incompetence or serious ignorance
 malpractice or negligence in the practice of nursing
 violation of this Act, rules and regulations, Code of Ethics for
nurses and technical standards, Board & Comission Policies,
and condition and limitations of the temporary/special permit
 practicing the profession during suspension of practice
Section 24, Re-issuance of Revoked Certificates and
Replacement of Lost Certificates
 The Board may after the expiration of a maximum of
four (4) years from the date of revocation of a
certificate, for reasons of equity and justice issue
another copy of the certificate/license:
• when the cause for revocation has disappeared
• cause has been cured
• cause has been corrected
Article VIII
PENAL AND MISCELLANEOUS PROVISIONS
Section 35, Prohibitions in the Practice
of Nursing
Penalties for violation of the prohibitions of nursing
practice:

 Fine- not less than Php50,000 nor more than


Php100,000
 Or imprisonment of not less than 1 year nor more than
6 years
 Both imposition of fine and imprisonment
Prohibited Acts
 A. ) Practice nursing:
1. Without a certificate of registration or license or permit
2. Uses the certificate or card of another
3. Uses invalid or revoked or suspended card
4. Gives false evidence to the Board to obtain certificate/license
5. Falsely poses or advertises as an R.N. or uses any other means that
tend to convey the impression that he/she is an R.N.
6. Who uses B.S.N./R.N. or any similar appendage to his/her name
without having been conferred said degree/registration
7. As an R.N., abets or assists the illegal practice of a person not
lawfully qualified to practice nursing
Other Prohibited Acts
 B.) Any person /CEO of a juridical entity who undertakes in-
service educational programs or who conducts review
classes for both local and foreign examination WITHOUT
permit/clearance from the BON
 C.) Any person/employer who violate the minimum base
pay, incentives and benefits accorded by law to employee
nurses
 Any person/CEO of a juridical entity violating any provision
of this Act and its IRR
Legal Aspects of Nursing
POINTS TO REMEMBER
Definition of Legal Concepts
 Moral Turpitude
 Any act deemed contrary to justice, honesty or good morals
(In re Basa, 41 Phil., 275)

 Crimes or Acts Involving Moral Turpitude


 Bigamy

 Concubinage

 Adultery

 Rape

 Estafa through falsification of a document


Bribery
Robbery
Theft
Murder (in any stages of commission, e.g.
frustrated, attempted)
Homicide
Illicit Sexual Relations with a Fellow Worker
Intriguing against honor
Violation of the Dangerous Drugs Act
Perjury
Immoral and dishonorable conduct
 contrary to standards of moral conduct
 whether illegal or not
 morality is subjective

In Estrada vs Escritor, AM P-02-1651, August 4, 2003, the Court


declared that there was no gross and immoral conduct when she
cohabited with a man not her husband in view of respondent’s
religious belief as a member of the Jehovah’s Witness which
allowed the same.
Negligence
 Failure to use reasonable care
 Failure to do or not to do in observing the necessary
protection of interests and wellness of the client
 The degree of care, precaution and vigilance which a
reasonably prudent person would do under like circumstances
but because of deficiency or excess of the demandable action,
such client or patient suffers an injury or death.
Elements of Negligence
 Duty of care
 Breach of failure of duty of care
 Resulting damage (injury or death)
 Factual and causal connection between the
failure of duty of care and the resulting injury
(proximate cause)
Proximate Cause
 There is an act or omission
 Which is the natural and continuous sequence
 Unbroken by any efficient intervening cause
 Produces an injury
 Without which the result would not have occured
Characteristic of Duty of Care
 Commensurate to the patient’s needs
 The more vulnerable the patient, there is a higher
risk of harm, requires greater care to protect the
patient from harm
Legal Doctrines in Negligence
 Respondeat Superior
 Res ipsa loquitor
 Damnum absque injuria
 Doctrine of Force Majeure
 Doctrine of Stare Decisis
Respondeat Superior
 “Let the master answer for the acts of the
subordinate.”
 Also known as the Captain of the Ship Doctrine or
Doctrine of Vicarious Liability under Torts Law

Doctrinal Case:
Ramos vs CA,GR No. 124354, December 29, 1999
(wrongful administration of anesthesia, patient went into
coma)
Res Ipsa Loquitor
 Literally means “the thing speaks for itself”

Elements:
• The event doesn’t normally occur unless someone has acted negligently
• The evidence rules out the possibility that the actions of the patient or a third
party caused the injury; and
• The type of negligence in question falls within the scope of the defendant’s duty
to the patient

Doctrinal Case:
Reyes vs Sisters of Mercy Hospital, GR No. 130547, October 3, 2000
• wrongful administration of chloromycetin without conducting sufficient drug
compatibility test)
Examples of Res Ipsa Loquitor
 Scalpel or sponge left inside the abdomen
 Burns
 Defective equipment
 Infection/bed sore
 Falls
Damnum absque injuria
 “Damage without injury”
 Although there was physical damage, there was no
legal injury
 Patient is not entitled to recover for damages or
compensation for the loss or injury
 There is intervention of extraordinary circumstance
beyond her control when performing the lawful act
prudently, hence no liability
Doctine of Force Majeure
 Refers to an event which cannot be foreseen, or
which being foreseen is ineveitable
 The patient cannot recover for damages

Examples:
• War
• Calamities
Other common errors
 Malfeasance
• performance of an act which ought not to be done
 Misfeasance
• Improper performance of an act which might lawfully be done
 Nonfeasance
• Omission of some act which ought to be perfomed
 Doctor’s order rule
 Verbal or telephone or text message orders
 Written orders

 Advanced directives or living will


 DNR cases
FIN.
THANK YOU.