RELEVANT ETHICO-LEGAL CONSIDERATIONS

IN CONDUCTING HEALTH ASSESSMENT

 In this lesson…

1. Describe the relevant ethico-legal guidelines

in conducting health assessment as well as
the practice of the nursing profession
2. Describe the patient’s bill of rights
3. Describe the data privacy act
 “LEGALLY LIABLE”
-accountable for mistakes made
*Duty of care >> Breached >> Measure damage*

A. NEGLIGENCE
B. MALPRACTICE
 NEGLIGENCE- occurs when a patient
experiences unintended harm due to a
nurse's unintentional mistake or omission in
care.

 MALPRACTICE- a type of negligence that

occurs when a nurse does not follow the
proper standard of care and the patient
experiences harm.
 Philippine Nursing Code of Ethics
-adopted under R.A. 9173 and was promulgated
by the BON

R.A. 9173
- an act providing for a more responsive nursing
profession
- Health is a fundamental right of every
individual. The Filipino registered nurse
believing in the worth and dignity of each
human being, recognizes the primary
responsibility to preserve health at all cost.
This responsibility encompasses the
promotion of health, prevention of illness,
alleviation of suffering, and restoration of
health. However, when the foregoing are not
possible, assistance towards a peaceful death
shall be his/her obligation.
BOARD OF NURSING is composed of a Chairperson
and 6 members, appointed by the President of the Philippines.
 Conduct the licensure examination for nurses
 Issue, suspend or revoke certificates of registration
 Monitor and enforce quality standards of nursing practice in
the Philippines
 Ensure quality nursing education
 Conduct hearings and investigations to resolve complaints
against nurse practitioners
 Promulgate a Code of Ethics
 Recognize nursing specialty organizations in coordination
with the accredited professional organization
 Prescribe, adopt, issue and promulgate guidelines,
regulations, measures and decisions as may be necessary for
the improvement of the nursing practice
CORE VALUES / ETHICAL PRINCIPLES

1. Caring- promote health

2. Integrity - respect the dignity and moral

wholeness of the patient

3. Diversity- affirm the uniqueness &

difference of every patient

4. Empathy- nurse’s ability to understand from

the view of the patient and their family
5. Communication - exchange of information is
vital

6. Teaching - provide information to patients that

is accurate, complete and relevant to their needs

7. Critical thinking- think independently based on

knowledge, be creative, organized and always
ethical with their actions.

8. Psychomotor skills- best learned through practice

after achieving an understanding of basic principles
9. Ethical and legal considerations- providing
nursing care guided by ethical and legal
boundaries

10. Professionalism- a nurse must be a reflection of

the values of the nursing profession, and are
always accountable with his actions.
 Know the definition and scope
of nursing practice which are in
the provisions of R. A. No. 9173,
known as the “Philippine
Nursing Act of 2002”
PATIENTS BILL
OF RIGHTS
1. Right to appropriate medical care and
humane treatment- principle of justice
(fair/equal)

2. Right to informed consent

*patient will not be subjected to any procedure without his written

informed consent, except in the following cases:
• Emergency cases
• Epidemic control
• Law makes it compulsory for everyone to submit a procedure
• Patient is a minor, legally incompetent and requires a third-party
consent
• Disclosure of material information to patient will jeopardize the
success of treatment
• Patient waives his right in writing
3. Right to privacy and confidentiality

*The patient has the right to be free from unwarranted

public exposure, except in the following cases:
• When his mental or physical condition is in
controversy and the appropriate court, in its
discretion, order him to submit to a physical or
mental examination by a physician
• When the public health and safety is in demand
• When the patient waives this right in writing
*The patient has the right to demand that all
information, communication and records
pertaining to his care be treated as confidential,
except:

• When such disclosure will benefit public health

and safety
• When it is in the interest of justice and upon the
order of a competent court
• When the patients waive in writing the
confidential nature of such information
• When it is needed for continued medical
treatment or advancement of medical science
4. Right to information- right to be
informed of the result of the evaluation of
the nature and extent of his/her disease, any
other additional or further contemplated
medical treatment on surgical procedure or
procedures, including any other additional
medicines to be administered and their
generic counterpart including the possible
complications and other pertinent facts

5. Right to choose healthcare provider and

facility
6. Right to self-determination

The patient has the right to avail himself/herself of any

recommended diagnostic and treatment procedures.

*Any person of legal age and of sound mind may make

an advance written directive for physicians to administer
terminal care when he/she suffers from the terminal
phase of a terminal illness, provided that:
• He is informed of the medical consequences of his
choice
• He releases those involved in his care from any
obligation relative to the consequences of his decision
• His decision will not prejudice public health and safety
7. Right to religious beliefs
-refusal of treatment contrary to patient’s religious
beliefs

8. Right to medical records

-The patient is entitled to a summary of his medical
history and condition. He has the right to view the
contents of his medical records, except psychiatric
notes and other incriminatory information obtained
about third parties
9. Right to leave
-The patient has the right to leave hospital or any
other health care institution regardless of his physical
condition, provided that:
• He/she is informed of the medical consequences of
his/her decision
• He/she releases those involved in his/her care from
any obligation relative to the consequences of his
decision
• His/her decision will not prejudice public health
and safety
10. Right to refuse participation in medical
research

11. Right to correspondence and to receive

visitors

12. Right to express grievances

13. Right to be informed of his rights and

obligations as a patient
Grounds for revocation or suspension of the certificate
of registration/professional license or cancel the
special/temporary permit of a nurse:

• For unprofessional and unethical conduct;

• For gross incompetence or serious ignorance;
• For malpractice or negligence in the practice of nursing;
• For the use of fraud, deceit, or false statements in obtaining a
certificate of registration/professional license or a
temporary/special permit;
• For violation of this Act, then rules and regulations, Code of
Ethics for nurses and technical standards for nursing practice,
policies of the Board and the Commission, or the conditions
and limitations for the issuance of the temporary/special
permit; or
• For practicing his/her profession during his/her suspension
from such practice
ADMINISTRATIVE PENALTY:

Suspension of the certificate of

registration/professional license shall
be for a period not to exceed four (4) years
 DATA PRIVACY ACT
R.A. No. 10173

The aim is to protect the fundamental human right

of privacy, of communication while ensuring free
flow of information to promote innovation and
growth.
All personal health information is
confidential!
Definition of Terms:
• Breach- unlawful or unauthorized processing of
information

• Consent of the data subject- the data subject agrees to

the collection and processing of his or her information
(written, electronic, or recorded)

• Data subject - an individual whose personal, sensitive

or privileged information is processed

• Information and Communications System- the system

used for generating, sending, receiving, storing or
otherwise processing electronic data messages or
electronic documents.
• Personal data -personal information, sensitive
information or privileged information

• Privileged information - refers to any and all forms of

data which under the Rules of Court and other pertinent
laws constitute privileged communication.
Scope of application:
The Data Privacy Act and these Rules apply to the
processing of personal, sensitive or privileged
information, in the government or private sector.

National Privacy Commission - independent

body mandated to administer and implement the
Data Privacy Act of 2012
-complies with international standards set
for data protection
Data Privacy Principles:
 Transparency- processing of personal data
shall be known to the data subject

 Legitimate purpose- shall be compatible with a

declared and specified purpose which must not
be contrary to law, morals or public policy

 Proportionality- shall be adequate, relevant,

suitable, necessary and not excessive in relation
to a declared and specified purpose
Rights of The Data Subject

• Right to be informed
• Right to object
• Right to Access
• Right to correct
• Right to Rectification, Erasure or Blocking
• Right to damages
PENALTIES

unauthorized processing of personal

information:
 1-3 years of imprisonment
 fine of 500k – 2M pesos