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NURSING LAW,
JURISPRUDENCE
AND ETHICS
NURSING HISTORY
 Sumerian Civilization
 Babylonian Empire
 Greek and Roman empires
 Ancient India
 Christian Benevolence
 Roman Empire
 Time of Crusades
 Crimean War
TRIVIA
When was the Nightingale School for Nurses
established?
When was the Nightingale Pledge formulated?
What is the oldest hospital school in the
Philippines and when was it established?
What is the highest award given to a nurse in the
Philippines?
Who is the patron saint of nurses?
NURSING
Activity 1
Make a handwritten report on the different
nursing definitions by the different
nursing theorists (at least 25 nursing
theorists). Short bond paper.
Prepare for an examination on the report
made.
IS NURSING A
PROFESSION?
WHY?
NURSING AS A
PROFESSION
 What is a profession?
 Elements of a profession
 Characteristics of a profession:
 Altruism
 Autonomy
 Authority
 Accountability
 Code of Ethics
 Distinct identity and subculture
Nursing as a profession:
 CRITERIA
1. Educational background
2. Code of ethics
3. Professional organization
4. CPE for competency
5. Publication and communication
6. Autonomy and self-regulation
7. Community service
8. Use of theory for practice and evaluates
9. Involvement in research
Evolution of the BSN
Degree Program
Graduate in Nursing  1983  BSN
1998-1999 – AHSE (Associate in Health
Science Education)
The BSN Curriculum
Terminal Competencies:
1.Utilization of the Nursing Process
2. Effective Communication
3. Utilization of elements of management
4. Utilization of Research findings
5. Responsible for personal and
professional growth and development
Behaviors being developed in
the BSN Degree
1. Caring behavior
2. Ability to practice legal, ethico-moral, social
responsibility
3. Critical and creative thinking
4. Skill in practicing SKA for the promotion of
health, prevention of illness, restoration of
health, alleviation of suffering, and
assisting clients to face death with dignity
and in peace.
Who is a Professional
Nurse?
Qualifications:
1. Licensed
2. BSN degree
3. Physically and mentally fit
Practicing Professional Nurse
Foreign Professional Nurse
Areas of nursing practice (3)
LEVELS OF NURSING
PRACTICE
Activity 2. Make a schematic diagram of
Benner’s Model of Nursing Skill
Acquisition and her From Novice to
Expert stages. Describe and explain
each stage concisely.
FOUR DIFFERENT KINDS OF EXPERTS
Title Characteristics
TECHNOLOGIST Demonstrates anticipatory, diagnostic,
‘know-how’, and monitoring knowledge.
TRADITIONALIST Focuses on survival and sees nursing
as “papering over the cracks”, is pre-
occupied with getting the work done,
concentrates on the management of
care, attaches value to doing rather
than reflection, sees education as an
optional extra and not essential to
expert practice.
SPECIALIST Focuses on prescribing treatment
regimens, including medications.
HUMAN EXISTENTIALIST Passionate about nursing, holistic in
perspective, a risk taker, educationally
well developed, self-aware and aware of
her influence on others.
RANGE OF NURSING
PRACTICE
Beginning
Practice
Nurse-
Generalist
Nurse-
Specialist
PROFESSIONAL MATURATION AND MASTERY
OF A REGISTERED NURSE
FOCUS
SKILL
DEVELOPMENT
LEADERSHIP
TRAINING
SELF
CONFIDENCE
INNOVATION
AND CREATIVITY ADMINISTRATIVE
SKILLS
NOVICE
EXPERT
PRACTITIONER
PROFICIENT
PRACTITIONER
COMPETENT
PRACTITIONER
ADVANCE
BEGINNER
Teaching/Directing
Coaching/Supporting
Leading/Delegating
ADVANCED PRACTICE
NURSING
 Is a registered nurse who has acquired
the expert knowledge base, complex
decision-making skills and clinical
competencies for expanded practice, the
characteristics of which are shaped by
the context and / or country in which
he/she is credentialed to practice.
Masters degree is recommended for
entry level.
Fields of Nursing
ACTIVITY 3. Handwritten report on the description and
responsibilities of the different nursing fields. (Short bond paper)
 Institutional/Hospital Nursing
 Public Health Nursing
 Community Health Nursing
 School Nursing
 Nursing Education
 Flight Nursing
 Occupational Health/Industrial Nursing
 Military Nursing
 Clinic Nursing
 Independent Nursing Practice/Private Duty Nurse
 Private Duty Nursing
THE PHILIPPINE NURSING
ACT OF 2002
 IRR of RA 9173 = BON Resolution No. 425, series of
2003
New Nursing Act
Commission
Board
Nursing practice
Professional nurse
Foreign professional nurse
Nursing Specialty Program
Public Health Institution
Accredited Professional Organization
Republic Act No. 9173
SB No. 2292 and HB No. 1084
October 21, 2002
November 20, 2002
SECTION 1. Title
SECTION 2. Declaration of Policy
SECTION 3
 Creation of PRBON
Important Terms:
1. Regular Appointment
a. Nominating Body
b. Recommending Body
c. Appointing Body  Commission on
Appointments
2. Ad Interim Appointment
3. Doctrine of Hold-Over
Composition of PRBON
Relevant Changes to the
organization of the Board of
Nursing
Changes RA No. 9173 RA No. 7164 RA No. 877
Name of Board Professional
Regulatory Board
of Nursing
Board of Nursing Board of
Examiners for
Nurses
Composition 7-person Board 5-person Board 3-person Board
Nominating Body Accredited
Professional
Organization of
Nurses in the
Philippines
Accredited
National Nurses
Association to the
PRC
Officially
Recognized
National
Association of
Nurses in the
Philippine
Recommending
Body
PRC Not Stated Civil Service
Commission
SECTION 4
Qualifications of PRBON
1. Natural born and resident.
2. Member of good standing of the APO.
3. An RN and MAN (majority and the
Chairperson) or MAEd or other allied medical
profession.
4. 10 yrs continuous practice of profession, and
last 5 yrs shall be in the Philippines.
5. Not convicted of any offense involving moral
torpitude.
Presidential Decree 223
Republic Act 8981
Professional Regulation Commission
PRBON
SECTION 5
Requirements upon qualification as a
member of the PRBON.
Important terms:
1. Immediate resignation
2. No pecuniary interest
SECTION 6
 Term of Office
Important terms:
1. Term
2. Reappointment - EO 496
3. Choosing the Chairperson
SECTION 7
Compensation of PRBON
Quantum meruit
SECTION 8
 Administrative supervision of the board,
custodian of its record, secretariat, and
support services
SECTION 9
* Powers and duties of the PRBON
Power and Duties of PRBON
1. Conducts NLE
2. Issue, suspend, or revoke certificates/license
3. Monitor and enforce quality standards of nursing
practice
4. Ensure quality nursing education
5. Conduct hearings and investigations
6. Adopt and promulgate a Code of Ethics and a Code
of Technical Standards for the practice of nursing
7. Recognize nursing specialty organization
8. Prescribe, adopt, issue and promulgate guidelines,
regulations, measures and decisions for improvement
of nursing practice.
9. Submit and annual report to the
Commission
10. Initiate, undertake, and conduct studies
or health human research production and
utilization and development.
Important terms related to
Section 9
 Subpoena ad testificandum
 Subpoena duces tecum
 Contempt of court
 Witness
 Perjury
SECTION 10
* Annual reports
SECTION 11. Removal or suspension of
PRBON
a. Continued neglect of duty or
incompetence
b. Commission or tolerance of irregularities
in the NLE
c. Unprofessional, immoral, or
dishonorable conduct
Section 12. The NLE.
When held?
How often?
Qualification of testing centers for NLE
What is a license?
Who issues the license?
What is registration?
What is the purpose of the registration?
SECTION 13. Qualifications for the NLE.
Res. No. 2003-132 s. of 2003
Res. No. 2004-192, s. of 2004
Qualifications vs. Requirements
SECTION 14. Scope of Examination
SECTION 15. Ratings.
Passing
Removal
Reconsideration of ratings
SECTION 16. Oath taking.
SECTION 17. Features of a Certificate of
Registration and Professional
Identification Card.
Annual Registration (3 years)
Effects of failure to renew
PRC Resolution No. 2004-179 series of
2004
SECTION 18. Fees for Examination.
SECTION 19. Automatic Registration of
Nurses.
SECTION 20. Registration by reciprocity
Principle of do ut des
Presidential Decree No. 541
SECTION 21
Special /Temporary Permit.
1. Internationally well-known specialist;
2. Medical mission; and
3. Exchange professors.
SECTION 22.
 Grounds for non-registration and non-
issuance of Certificate of Registration
and PIC
1. Conviction by final judgment of any
criminal offense involving moral
turpitude;
2. Guilty of immoral or dishonorable act;
3. Unsound mind, as declared by court.
SECTION 23
Grounds for Revocation and/or Suspension of
Certificate of Registration:
1. Section 22;
2. Unprofessional and unethical conduct;
3. Gross incompetence or serious ignorance;
4. Malpractice or negligence in the practice of
nursing;
5. Use of fraud, deceit, or false statements in
obtaining a certificate of
registration/professional license or a
temporary/special permit;
Grounds for revocation and/or suspension
of certificate of registration
(continuation)
6. Violation of RA 9173, the rules and
regulations, Code of Ethics for nurses
and technical standards for nursing
practice, policies of the Board and
Commission or the conditions and
limitations for the issuance of the
temporary /special permit; and
7. Practicing his/her profession during
his/her suspension from practice. *
DUE PROCESS
OF LAW
SECTION 24
Reissuance of Revoked Certificates:
1. Expiration of a maximum 4 years from date of
revocation;
2. For reasons of equity and justice;
3. Cause of revocation has disappeared or has
been cured and corrected; and
4. Proper application and payment of fees
Replacement of Lost Certificates:
1. Loss;
2. Mutilation; and
3. Destruction
SECTION 25
Nursing Education Program
SECTION 26
Requirements for inactive nurses returning
to practice:
1. One month didactics; and
2. Three months practicum
SECTION 27
Qualifications of faculty.
1. RN
2. 1 yr experience
3. member of PNA
4. MAN, MAEd or other allied medical
and health sciences
Dean – MAN and 5 yrs experience.
SECTION 28. Scope of Nursing
 Two major roles of the nurse:
1. Independent nurse practitioner
- promotion of health
- prevention of illness
2. Member of the health team
- collaborate with other healthcare
providers
• Focus of care
Other Duties of the Nurse
1. Internal examination during labor and delivery;
2. Suturing of perineal lacerations;
3. Establishing linkages with community resources;
4. Coordination with the health team;
5. Providing health education;
6. Teaching in a nursing education program;
7. Administration of nursing service in varied settings;
8. Undertaking consultation services;
9. Implementing decision-making skills reqiring
knowledge of an RN; and
10. Undertaking nursing and health human resource
development training and research toward developing
advance nursing practice.
* What to observe when
engaged in the practice of
nursing
* Maintaining
competencies
* Are students engage in
the practice of nursing?
SECTION 29
 Qualifications of Nursing Service Administrators:
 RN
 2 yrs experience – general nursing service
administration
 BSN + 9 units in management and administration
courses
 PNA member
Chief Nurse or Nursing Service Director
 5 yrs experience in supervisory or managerial
position
 MAN major in nursing
Section 30. Studies for Nursing Manpower
Needs, Production, Utilization, and
Development
Section 31. Comprehensive Nursing
Specialty Program
Section 32. Salary
Section 33. Funding for the
Comprehensive Nursing Specialty
Program
Section 34. Incentives and Benefits.
SECTION 35
 Who are prohibited to practice nursing?
1. Practicing nursing without: certificate of
registration/professional license and
professional identification card; special
temporary permit; exemption from
examination.
2. Using the documents of another person as
his/her own;
3. Use of invalid, suspended, revoked, expired
certificate of registration/professional license,
or cancelled special/temporary permit
4. Any attempt to defraud the Board in obtaining one
or all of the documents;
5. A person who falsely poses as a nurse; advertising
as a registered nurse, or using any other means to
convey the impression that he/she is an RN
6. Appending of BSN/RN without having been
conferred with the degree/passing the NLE.
7. Undertaking in-service educational program or
conducts a review without permit/clearance from
the Board and the Commission.
8. For violations of the minimum base of nurses and
the incentives and benefits that should be
accorded them.
9. For violations of RA 9173
Penalties
Penal
Sanction RA No. 9173 RA No. 7164
Not less than Not more than Not less than Not more than
Fine Php 50,000.00 Php 100,000.00 Php 10,000.00 Php 40,000.00
Imprisonment One year Six years One year Six years
NURSES AND CONTRACTS
 What is a contract?
 Essential requisites of a contract
 Consent
 Object (4)
 Cause of the obligation (time, price and
subject)
• Who are capacitated to enter into a
contract? (4)
• Kinds of Contracts
 Expressed vs. Implied Contracts
 Formal vs. Informal Contracts
 Void and Voidable Contracts
 Illegal Contracts (made in protection of law,
fraud, duress,, undue influence, material
misrepresentation)
 Breach of Contract
 Prevention of performance
 Failure to perform because of inconvenience or
difficulty
 Failure of cooperation in performance
 Abandonment of duty
 Substitution of performance
 Failure to use due care
Legal Excuses in Refusing,
Neglecting, or failure to perform
a contract
 Discovery of material misrepresentation
made and relied upon
 Performance would be illegal
 Where performance is made impossible
by reason of:
 Illness
 Death
Advantages of a written contract
Law and THE NURSE
 Law – sum total of rules and regulations by
which society is governed.
 Sources (Constitution, statutes or
legislations, regulations issued by
the President, Case decisions, PD
and LOI)
History of the Philippine
Nursing Law
1915 - Act No. 2493
1919 – Act No. 2808 (The First True Nursing Law)
1920 – First Board Examination
1953 – RA No. 877 (The Philippine Nursing Law)
1958 – Proclamation No. 539 (Nurse’s Week)
1966 – RA No. 4704
1970 – RA No. 6136
1972 – RA No. 6511
1973 – PD No. 223 - PRC
1991 – RA No. 7164
2002 – RA No. 9173
LEGAL RESPONSIBILITIES
OF NURSES
 What is an administrative action?
 Due Process of Law
 Liability of Nurses for the negligence of
their assistants or Clinical Instructors for
the negligence of their students
 Doctrine of Respondeat Superior
 Defense of diligence of a good father of a
family.
DOCTRINES
 Doctrine of Imputed Negligence or Command
Responsibility
 Captain-of-the-ship doctrine
 Doctrine of Res Ipsa Loquitur/Common Knowledge
Doctrine
 Doctrine of Contributory Negligence/Common Fault
 Doctrine of Continuing Negligence
 Doctrine of Assumption of Risk
 Fellow Servant Doctrine
 Rescue Doctrine
 Doctrine of Force Majeure
 Good Samaritan Law
PROFESSIONAL NEGLIGENCE
Commission or omission of an act, pursuant to a
duty, that a reasonably prudent person in the
same or similar circumstance would or would
not do, and acting or the non-acting of which is
the proximate cause of injury to another person
or his property.
 Elements:
1. Duty
2. Breach of duty
3. Causation
4. Damages
 Reckless imprudence (without malice) vs.
Simple imprudence (damage was not
immediate or not evident or manifest)
Negligence vs. Malpractice
Negligence is a more general term referring to
a deviation from the standard of care that a
reasonable and prudent person would use
in a particular set of circumstances.
Malpractice is a more specific type of
negligence; deviations from a professional
standard of care; nurses, doctors, lawyers,
etc. may be liable for malpractice
Telephone Orders
IV Therapy:
RA 7164, Sec. 28
BON Resolution No. 8
Sec. 30c Art. VII – criminal liability
Sec. 21, Art. III – civil liability
MEDICAL ORDERS, DRUGS AND
MEDICATIONS
RA 6675 (Generics Act)
RA 5921 (Pharmacy Act)
Somera Case
Norton vs. Argonaut Insurance Co.
CONSENT
Free and rational act that presupposes knowledge of the
thing to which consent is being given by a person who
is legally capable to give consent.
 Nature
 Informed Consent
 Proof of Consent
 Who must consent?
 Consent of:
 Minors
 Mentally ill
 Consent during
emergency situations
 Refusal to consent
 Consent to sterilization
1. Diagnosis and explanation of the
condition.
2. Fair explanation of the procedures to
be done and used and the
consequences.
3. Description of alternative treatments
or procedures.
4. Description of the benefits to be
expected.
5. Material rights.
6. Prognosis, if refused.
Medical Records
 Charting done by nursing students
 Medical records in legal proceedings
LEGAL RISK IN DEFECTIVE
EQUIPMENTS
Intentional Wrongs
Torts:
1. Assault vs. Battery
2. False imprisonment
3. Invasion of the rights to privacy
CRIMES, MISDEMEANOR AND
FELONIES
CRIME – an act committed or omitted in violation of the law
CRIMINAL OFFENSE
 Criminal actions
 Criminal intent – deliberate intent (freedom & intelligence)
 Criminal negligence
 Conspiracy to commit a crime:
 PRINCIPALS
 By induction
 By direct participation
 By indispensable cooperation
 ACCOMPLICES
 ACCESSORIES
FELONIES - a public offense for which a convicted person is liable to
be sentenced to death or be imprisoned in a penitentiary or prison.
 Felony
 Dolo (malice)
 Culpa (fault)
 According to stages of acts of execution
 Attempted
 Frustrated
 Consummated
 According to degree of punishment
 Grave felonies
 Less grave felonies
 Light felonies
Felonies
 Against persons:
 Parricide
 Murder
 Homicide
 Infanticide
 Abortion
 Mutilation
 Physical Injuries
 Rape - RA 8353 – Anti-Rape Law of 1997
 Against personal Liberty
 Kidnapping
Abandonment of persons in danger
 The Good Samaritan Law
 Abandonment of one’s own victim
 Grave Coercion (restrict or force)
 Against Property
 Robbery
 Theft
 Malicious mischief (willful destruction of personal property motivated
by ill will or resentment towards its owner)
 Against Chastity
 Adultery and concubinage
 Against Civil Status
 Simulation of birth
 Substitution of one child with another
 Concealment or abandonment of a legitimate
child
 Bigamy
 Against Honor
 Libel
 Slander
MISDEMEANOR – a general name for a criminal
offense which does not in law amount to felony
punishable by a fine or imprisonment of less
than 1 year.
Circumstances considered
by law affecting criminal
liability
 Justifying circumstances
 Exempting circumstances
 Mitigating circumstances
 Aggravating circumstances
 Alternative circumstances
JUSTIFYING
CIRCUMSTANCES
1. Self-defense.
2. Defense of a relative.
3. Defense of a stranger.
4. State of necessity.
5. Fulfilment of duty or exercise of
right or office.
6. Obedience to superior order.
EXEMPTING
CIRCUMSTANCES
1. Imbecility and insanity.
2. Minority – 9 yrs old below and 9-15 yrs
old
3. Accident.
4. Compulsion of irresistible force.
5. Impulse of uncontrollable fear.
6. Insuperable or lawful cause.
MITIGATING
CIRCUMSTANCES
1. Justifying and exempting.
2. 18 yrs old below or over 75 yrs old.
3. Lack of intention to commit so grave a wrong.
4. Sufficient provocation.
5. Immediate vindication of a grave offense.
6. Passion or obfuscation.
7. Voluntary surrender and plea of guilty.
8. Offender is deaf and dumb, or blind.
9. Illness that diminishes the exercise of will
power.
AGGRAVATING
CIRCUMSTANCES
1. Taking advantage of his public position.
2. Crime committed in contempt of or with insult to public
authority.
3. Act committed with insult or lack of regard due to offended
party by reason of age, sex, rank or crime is committed in
the dwelling of the offended party, if the latter has not given
consent.
4. Abuse of confidence or obvious ungratefulness.
5. Committed in a place of worship.
6. Crime committed on the occasion of a calamity.
7. Consideration of a price, promise or reward.
8. By means of inundation, fire, etc.
9. Evident premeditation.
10. Craft, fraud or disguise is employed.
11. Cruelty.
ALTERNATING
CIRCUMSTANCES
Examples:
1. Relationship
2. Alcoholism
Lack of education is not mitigating in the following cases:
1. Rape
2. Forcible abduction
3. Arson
4. Treason
5. Seduction and acts of lasciviousness
6. Heinous crimes
How does one avoid criminal liability?
1. Familiarity with the Philippine Nursing Law.
2. Awareness on the laws affecting nursing.
3. Get a copy of job description, rules & regulations, and
policies.
4. Upgrade skills and competency.
5. Accepting responsibilities within your scope of
responsibility and job description.
6. No delegation.
7. Determine subordinates’ competence
8. Good interpersonal relationship.
9. Consult superiors.
10. Verify unclear orders.
11. Inform doctors about clients’ condition.
12. Accurate and adequate documentation.
13. Informed consent for patients.
Wills - a legal declaration of a person’s intentions upon death
 Important Terms
 Will
 Testamentary document
 Decedent
 Testator
 Testatrix
 Heir
 Testate
 Intestate
 Probate
 Administrator
Types of Wills:
1. Holographic will
2. Nuncupative will
WILLS
LEGAL REQUIREMENTS:
A. Requirements of testator:
1. Must have the intention
2. Of legal age
3. Of sound mind (clear thinking & free from undue influence)
B. Administrator should be named:
C. Signed by testator, attested and signed by at least 3 witness in his
presence and of one another.
D. Requirements of witness:
1. Sound mind
2. Of legal age
3. Not blind, deaf or dumb
4. Able to read and write
E. Must be in the language known to the testator.
F. Acknowledged before a notary public by the testator and witness.
Note: Married woman.
Gifts
 Requirements:
1. Must be a personal property
2. Intention to make the gifts
3. Indication of transfer of control
4. Acceptance
Gifts causa mortis or donation causa mortis
Elements of a Lawsuit
 A – A duty
 B – Breach of Duty
 C – Causation
 D – Damages
ANATOMY OF A LAWSUIT
C  A  T
Important Terms
 Amicable settlement
 Pre-trial
 Disputants/Litigants
 Plaintiff /Complainant
 Defendant/Respondent
 Testimony of facts / Testimony of opinions
 Expert witness
 Privilege against self-incrimination
 Hearsay evidence
 Privilege communication
 Evidence
 Ante-mortem statements
 Appeals
 Execution of Judgment
Ethics
 A standard to examine and understand
moral life. It studies how people make
judgement in regard to right or wrong.
 Morals – a re specific was of behavior or of
accomplishing ethical practices.
 Morality – Social consensus about moral
conduct for human beings and society.
 Bio-ethics – a specific domain of ethics that
focuses on moral issues in the field of
health care.
Ethical Principles and
Other Approaches:
 Telelogical Approach – “telos” - goal or end (the right thing
to do is the good thing to do)
 Act utilitarianism – good resides in the promotion of happiness
or the greatest net increase of pleasure over pain.
 Deontological Approach or Duty-oriented Theory – the basic
rightness or wrongness of an act depends on the intrinsic
nature rather than upon the situation or its consequences.
(duty of fidelity, reparation, gratitude, justice, beneficence,
self-improvement, nonmaleficence)
 Virtue Ethics Approach – heart of the person performing the
act.
Divine Command Ethics
Universal Principles of
Biomedical Ethics
 Beneficence
 Non-maleficence
 Justice
 Autonomy
 Informed Consent
 Emancipated minors
 Fidelity
 Veracity
 Benevolent deception
Guidelines in Making
Ethical Decisions:
 Consideration for people as human beings
 Consideration of consequences
 Proportionate good to come from the choices
 Propriety of actual needs over ideal or potential
needs
 A desire to enlarge choices and reduce chance
 A courageous acceptance of the consequence of
the decision
Steps in making Ethical
Decisions
1. Identify and clarify the ethical problem
2. Gather data
3. Indentify options or alternatives
4. Makes a decision
5. Act and assess the outcomes of
decision
 Ethics Committees in Hospitals and the
Role of Medical Ethicists
 Responsibilities:
 Nurses
 Patient
 Physician
 Colleagues
 Self
 Patients (information, comply instructions,
inform about refusal, pay, follow rules and
regulations, and respect and consideration)
Investigative Studies and Medical Regimen
Privilege Communication
 When can it be divulged?
• Medical Records
• DNR Orders
• Advance Directives
1. Proxy Forms or Durable Power of
Attorney for Health Care
2. Living Wills
Taxation (RA No. 1612)
Code of Ethics for Filipino
Nurses
General Principles of the Code of Good
Governance:
1. Service to others.
2. Integrity and objectivity.
3. Professional competence.
4. Solidarity and Teamwork
5. Social and Civic responsibility
6. Global competitiveness.
7. Equality of all professions.
Code of Ethics for Filipino Nurses
Code of Ethics by ICN
1984  Code of Ethics by ICN
(promotion of spiritual environment)
1989  Code of Ethics for Filipino
Nurses (1982) – (1990)
2004
Resolution
No. 633
Resolution
No. 1955
Resolution
No. 220
Code of Ethics for Filipino Nurses
 Article I. Preamble
Health as a fundamental right of every individual.
Preservation of health at all cost.
4-fold responsibility.
Cultural diversity is not a hindrance to effective nursing care.
 Article II. Registered Nurses and People
Respect individuality and totality of a person. (spiritual beliefs)
Nurses as patient’s advocate, confidentiality of information and no
discrimination.
 Article III. Registered Nurses and Practice
Responsible for personal and professional growth (CPE) and the
principle of accountability for his/her actions.
Maintaining quality care (Code of Ethics and Standards of safe
nursing practice)
Code of Ethics for Filipino Nurses
 Article IV. Registered Nurses and Co-workers
Good collaborative working conditions, participate in
organizations, proper delegation, non-judgmental,
and respect of co-workers.
 Article V. Registered Nurses, Society, and
Environment
As a member of the society and having knowledge
about health resources, nurses, play an active role
in primary health care and live in conformity with the
morals of the society.
 Article VI. Registered Nurses and the Profession
Be a member of PNA, uphold constitutional by-laws.
CPE.
Continuing Professional Education
 Objectives:
1. Keep abreast with the latest trends.
2. Maintain high standards and quality care.
3. To become globally competitive.
4. For the general welfare of the society.
BSN  MAN  Doctorate
Examples:
Seminars, Conventions, Residency, Distance
Learning, OJT
Important Laws
 PRC Resolution No. 2004-179 s. of 2004
 RA 8981
 BON Resolution No. 8
 RA 9255
 RA 9262
 PD 856 – The Code of Sanitation
 RA 9165 – Comprehensive Dangerous Drug’s
Acts of 2002
Laws promoting the welfare and
well-being of nurses
1. Labor Code – PD 442
2. Civil Service Code – PD 807
3. Executive Order No. 180
4. Magna Carta of Public Health Workers – RA
7305
5. Salary Standardization Law – RA 6758
6. An Act Requiring Regular Publication of
Existing Vacant Positions in Government
Offices – RA 7041
7. Anti-Sexual Harassment Act – RA 7877
Laws that spell out the
responsibilities of nurses
1. Code of Conduct and Ethical Standards for
Public Officials and Employees (RA 6713)
2. Civil Service Rules and Regulations (PD
807)
3. An Act Penalizing the Refusal of Hospitals
and Medical Clinics to Administer
Appropriate Initial Medical Treatment and
Support in Emergency Cases. (RA 8344)

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nursing jurisprudence for class-newest.ppt

  • 2. NURSING HISTORY  Sumerian Civilization  Babylonian Empire  Greek and Roman empires  Ancient India  Christian Benevolence  Roman Empire  Time of Crusades  Crimean War
  • 3. TRIVIA When was the Nightingale School for Nurses established? When was the Nightingale Pledge formulated? What is the oldest hospital school in the Philippines and when was it established? What is the highest award given to a nurse in the Philippines? Who is the patron saint of nurses?
  • 4. NURSING Activity 1 Make a handwritten report on the different nursing definitions by the different nursing theorists (at least 25 nursing theorists). Short bond paper. Prepare for an examination on the report made.
  • 6. NURSING AS A PROFESSION  What is a profession?  Elements of a profession  Characteristics of a profession:  Altruism  Autonomy  Authority  Accountability  Code of Ethics  Distinct identity and subculture
  • 7. Nursing as a profession:  CRITERIA 1. Educational background 2. Code of ethics 3. Professional organization 4. CPE for competency 5. Publication and communication 6. Autonomy and self-regulation 7. Community service 8. Use of theory for practice and evaluates 9. Involvement in research
  • 8. Evolution of the BSN Degree Program Graduate in Nursing  1983  BSN 1998-1999 – AHSE (Associate in Health Science Education)
  • 9. The BSN Curriculum Terminal Competencies: 1.Utilization of the Nursing Process 2. Effective Communication 3. Utilization of elements of management 4. Utilization of Research findings 5. Responsible for personal and professional growth and development
  • 10. Behaviors being developed in the BSN Degree 1. Caring behavior 2. Ability to practice legal, ethico-moral, social responsibility 3. Critical and creative thinking 4. Skill in practicing SKA for the promotion of health, prevention of illness, restoration of health, alleviation of suffering, and assisting clients to face death with dignity and in peace.
  • 11. Who is a Professional Nurse? Qualifications: 1. Licensed 2. BSN degree 3. Physically and mentally fit Practicing Professional Nurse Foreign Professional Nurse Areas of nursing practice (3)
  • 12. LEVELS OF NURSING PRACTICE Activity 2. Make a schematic diagram of Benner’s Model of Nursing Skill Acquisition and her From Novice to Expert stages. Describe and explain each stage concisely.
  • 13. FOUR DIFFERENT KINDS OF EXPERTS Title Characteristics TECHNOLOGIST Demonstrates anticipatory, diagnostic, ‘know-how’, and monitoring knowledge. TRADITIONALIST Focuses on survival and sees nursing as “papering over the cracks”, is pre- occupied with getting the work done, concentrates on the management of care, attaches value to doing rather than reflection, sees education as an optional extra and not essential to expert practice. SPECIALIST Focuses on prescribing treatment regimens, including medications. HUMAN EXISTENTIALIST Passionate about nursing, holistic in perspective, a risk taker, educationally well developed, self-aware and aware of her influence on others.
  • 15. PROFESSIONAL MATURATION AND MASTERY OF A REGISTERED NURSE FOCUS SKILL DEVELOPMENT LEADERSHIP TRAINING SELF CONFIDENCE INNOVATION AND CREATIVITY ADMINISTRATIVE SKILLS NOVICE EXPERT PRACTITIONER PROFICIENT PRACTITIONER COMPETENT PRACTITIONER ADVANCE BEGINNER Teaching/Directing Coaching/Supporting Leading/Delegating
  • 16. ADVANCED PRACTICE NURSING  Is a registered nurse who has acquired the expert knowledge base, complex decision-making skills and clinical competencies for expanded practice, the characteristics of which are shaped by the context and / or country in which he/she is credentialed to practice. Masters degree is recommended for entry level.
  • 17. Fields of Nursing ACTIVITY 3. Handwritten report on the description and responsibilities of the different nursing fields. (Short bond paper)  Institutional/Hospital Nursing  Public Health Nursing  Community Health Nursing  School Nursing  Nursing Education  Flight Nursing  Occupational Health/Industrial Nursing  Military Nursing  Clinic Nursing  Independent Nursing Practice/Private Duty Nurse  Private Duty Nursing
  • 18. THE PHILIPPINE NURSING ACT OF 2002  IRR of RA 9173 = BON Resolution No. 425, series of 2003 New Nursing Act Commission Board Nursing practice Professional nurse Foreign professional nurse Nursing Specialty Program Public Health Institution Accredited Professional Organization
  • 19. Republic Act No. 9173 SB No. 2292 and HB No. 1084 October 21, 2002 November 20, 2002 SECTION 1. Title SECTION 2. Declaration of Policy
  • 20. SECTION 3  Creation of PRBON Important Terms: 1. Regular Appointment a. Nominating Body b. Recommending Body c. Appointing Body  Commission on Appointments 2. Ad Interim Appointment 3. Doctrine of Hold-Over Composition of PRBON
  • 21. Relevant Changes to the organization of the Board of Nursing Changes RA No. 9173 RA No. 7164 RA No. 877 Name of Board Professional Regulatory Board of Nursing Board of Nursing Board of Examiners for Nurses Composition 7-person Board 5-person Board 3-person Board Nominating Body Accredited Professional Organization of Nurses in the Philippines Accredited National Nurses Association to the PRC Officially Recognized National Association of Nurses in the Philippine Recommending Body PRC Not Stated Civil Service Commission
  • 22. SECTION 4 Qualifications of PRBON 1. Natural born and resident. 2. Member of good standing of the APO. 3. An RN and MAN (majority and the Chairperson) or MAEd or other allied medical profession. 4. 10 yrs continuous practice of profession, and last 5 yrs shall be in the Philippines. 5. Not convicted of any offense involving moral torpitude.
  • 23. Presidential Decree 223 Republic Act 8981 Professional Regulation Commission PRBON
  • 24. SECTION 5 Requirements upon qualification as a member of the PRBON. Important terms: 1. Immediate resignation 2. No pecuniary interest
  • 25. SECTION 6  Term of Office Important terms: 1. Term 2. Reappointment - EO 496 3. Choosing the Chairperson SECTION 7 Compensation of PRBON Quantum meruit
  • 26. SECTION 8  Administrative supervision of the board, custodian of its record, secretariat, and support services SECTION 9 * Powers and duties of the PRBON
  • 27. Power and Duties of PRBON 1. Conducts NLE 2. Issue, suspend, or revoke certificates/license 3. Monitor and enforce quality standards of nursing practice 4. Ensure quality nursing education 5. Conduct hearings and investigations 6. Adopt and promulgate a Code of Ethics and a Code of Technical Standards for the practice of nursing 7. Recognize nursing specialty organization 8. Prescribe, adopt, issue and promulgate guidelines, regulations, measures and decisions for improvement of nursing practice.
  • 28. 9. Submit and annual report to the Commission 10. Initiate, undertake, and conduct studies or health human research production and utilization and development.
  • 29. Important terms related to Section 9  Subpoena ad testificandum  Subpoena duces tecum  Contempt of court  Witness  Perjury
  • 30. SECTION 10 * Annual reports SECTION 11. Removal or suspension of PRBON a. Continued neglect of duty or incompetence b. Commission or tolerance of irregularities in the NLE c. Unprofessional, immoral, or dishonorable conduct
  • 31. Section 12. The NLE. When held? How often? Qualification of testing centers for NLE What is a license? Who issues the license? What is registration? What is the purpose of the registration?
  • 32. SECTION 13. Qualifications for the NLE. Res. No. 2003-132 s. of 2003 Res. No. 2004-192, s. of 2004 Qualifications vs. Requirements SECTION 14. Scope of Examination SECTION 15. Ratings. Passing Removal Reconsideration of ratings
  • 33. SECTION 16. Oath taking. SECTION 17. Features of a Certificate of Registration and Professional Identification Card. Annual Registration (3 years) Effects of failure to renew PRC Resolution No. 2004-179 series of 2004 SECTION 18. Fees for Examination. SECTION 19. Automatic Registration of Nurses.
  • 34. SECTION 20. Registration by reciprocity Principle of do ut des Presidential Decree No. 541 SECTION 21 Special /Temporary Permit. 1. Internationally well-known specialist; 2. Medical mission; and 3. Exchange professors.
  • 35. SECTION 22.  Grounds for non-registration and non- issuance of Certificate of Registration and PIC 1. Conviction by final judgment of any criminal offense involving moral turpitude; 2. Guilty of immoral or dishonorable act; 3. Unsound mind, as declared by court.
  • 36. SECTION 23 Grounds for Revocation and/or Suspension of Certificate of Registration: 1. Section 22; 2. Unprofessional and unethical conduct; 3. Gross incompetence or serious ignorance; 4. Malpractice or negligence in the practice of nursing; 5. Use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit;
  • 37. Grounds for revocation and/or suspension of certificate of registration (continuation) 6. Violation of RA 9173, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and Commission or the conditions and limitations for the issuance of the temporary /special permit; and 7. Practicing his/her profession during his/her suspension from practice. *
  • 39. SECTION 24 Reissuance of Revoked Certificates: 1. Expiration of a maximum 4 years from date of revocation; 2. For reasons of equity and justice; 3. Cause of revocation has disappeared or has been cured and corrected; and 4. Proper application and payment of fees Replacement of Lost Certificates: 1. Loss; 2. Mutilation; and 3. Destruction
  • 40. SECTION 25 Nursing Education Program SECTION 26 Requirements for inactive nurses returning to practice: 1. One month didactics; and 2. Three months practicum
  • 41. SECTION 27 Qualifications of faculty. 1. RN 2. 1 yr experience 3. member of PNA 4. MAN, MAEd or other allied medical and health sciences Dean – MAN and 5 yrs experience.
  • 42. SECTION 28. Scope of Nursing  Two major roles of the nurse: 1. Independent nurse practitioner - promotion of health - prevention of illness 2. Member of the health team - collaborate with other healthcare providers • Focus of care
  • 43. Other Duties of the Nurse 1. Internal examination during labor and delivery; 2. Suturing of perineal lacerations; 3. Establishing linkages with community resources; 4. Coordination with the health team; 5. Providing health education; 6. Teaching in a nursing education program; 7. Administration of nursing service in varied settings; 8. Undertaking consultation services; 9. Implementing decision-making skills reqiring knowledge of an RN; and 10. Undertaking nursing and health human resource development training and research toward developing advance nursing practice.
  • 44. * What to observe when engaged in the practice of nursing * Maintaining competencies * Are students engage in the practice of nursing?
  • 45. SECTION 29  Qualifications of Nursing Service Administrators:  RN  2 yrs experience – general nursing service administration  BSN + 9 units in management and administration courses  PNA member Chief Nurse or Nursing Service Director  5 yrs experience in supervisory or managerial position  MAN major in nursing
  • 46. Section 30. Studies for Nursing Manpower Needs, Production, Utilization, and Development Section 31. Comprehensive Nursing Specialty Program Section 32. Salary Section 33. Funding for the Comprehensive Nursing Specialty Program Section 34. Incentives and Benefits.
  • 47. SECTION 35  Who are prohibited to practice nursing? 1. Practicing nursing without: certificate of registration/professional license and professional identification card; special temporary permit; exemption from examination. 2. Using the documents of another person as his/her own; 3. Use of invalid, suspended, revoked, expired certificate of registration/professional license, or cancelled special/temporary permit
  • 48. 4. Any attempt to defraud the Board in obtaining one or all of the documents; 5. A person who falsely poses as a nurse; advertising as a registered nurse, or using any other means to convey the impression that he/she is an RN 6. Appending of BSN/RN without having been conferred with the degree/passing the NLE. 7. Undertaking in-service educational program or conducts a review without permit/clearance from the Board and the Commission. 8. For violations of the minimum base of nurses and the incentives and benefits that should be accorded them. 9. For violations of RA 9173
  • 49. Penalties Penal Sanction RA No. 9173 RA No. 7164 Not less than Not more than Not less than Not more than Fine Php 50,000.00 Php 100,000.00 Php 10,000.00 Php 40,000.00 Imprisonment One year Six years One year Six years
  • 50. NURSES AND CONTRACTS  What is a contract?  Essential requisites of a contract  Consent  Object (4)  Cause of the obligation (time, price and subject) • Who are capacitated to enter into a contract? (4) • Kinds of Contracts
  • 51.  Expressed vs. Implied Contracts  Formal vs. Informal Contracts  Void and Voidable Contracts  Illegal Contracts (made in protection of law, fraud, duress,, undue influence, material misrepresentation)  Breach of Contract  Prevention of performance  Failure to perform because of inconvenience or difficulty  Failure of cooperation in performance  Abandonment of duty  Substitution of performance  Failure to use due care
  • 52. Legal Excuses in Refusing, Neglecting, or failure to perform a contract  Discovery of material misrepresentation made and relied upon  Performance would be illegal  Where performance is made impossible by reason of:  Illness  Death Advantages of a written contract
  • 53. Law and THE NURSE  Law – sum total of rules and regulations by which society is governed.  Sources (Constitution, statutes or legislations, regulations issued by the President, Case decisions, PD and LOI)
  • 54. History of the Philippine Nursing Law 1915 - Act No. 2493 1919 – Act No. 2808 (The First True Nursing Law) 1920 – First Board Examination 1953 – RA No. 877 (The Philippine Nursing Law) 1958 – Proclamation No. 539 (Nurse’s Week) 1966 – RA No. 4704 1970 – RA No. 6136 1972 – RA No. 6511 1973 – PD No. 223 - PRC 1991 – RA No. 7164 2002 – RA No. 9173
  • 55. LEGAL RESPONSIBILITIES OF NURSES  What is an administrative action?  Due Process of Law  Liability of Nurses for the negligence of their assistants or Clinical Instructors for the negligence of their students  Doctrine of Respondeat Superior  Defense of diligence of a good father of a family.
  • 56. DOCTRINES  Doctrine of Imputed Negligence or Command Responsibility  Captain-of-the-ship doctrine  Doctrine of Res Ipsa Loquitur/Common Knowledge Doctrine  Doctrine of Contributory Negligence/Common Fault  Doctrine of Continuing Negligence  Doctrine of Assumption of Risk  Fellow Servant Doctrine  Rescue Doctrine  Doctrine of Force Majeure  Good Samaritan Law
  • 57. PROFESSIONAL NEGLIGENCE Commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstance would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property.  Elements: 1. Duty 2. Breach of duty 3. Causation 4. Damages  Reckless imprudence (without malice) vs. Simple imprudence (damage was not immediate or not evident or manifest)
  • 58. Negligence vs. Malpractice Negligence is a more general term referring to a deviation from the standard of care that a reasonable and prudent person would use in a particular set of circumstances. Malpractice is a more specific type of negligence; deviations from a professional standard of care; nurses, doctors, lawyers, etc. may be liable for malpractice
  • 59. Telephone Orders IV Therapy: RA 7164, Sec. 28 BON Resolution No. 8 Sec. 30c Art. VII – criminal liability Sec. 21, Art. III – civil liability MEDICAL ORDERS, DRUGS AND MEDICATIONS RA 6675 (Generics Act) RA 5921 (Pharmacy Act) Somera Case Norton vs. Argonaut Insurance Co.
  • 60. CONSENT Free and rational act that presupposes knowledge of the thing to which consent is being given by a person who is legally capable to give consent.  Nature  Informed Consent  Proof of Consent  Who must consent?  Consent of:  Minors  Mentally ill  Consent during emergency situations  Refusal to consent  Consent to sterilization 1. Diagnosis and explanation of the condition. 2. Fair explanation of the procedures to be done and used and the consequences. 3. Description of alternative treatments or procedures. 4. Description of the benefits to be expected. 5. Material rights. 6. Prognosis, if refused.
  • 61. Medical Records  Charting done by nursing students  Medical records in legal proceedings LEGAL RISK IN DEFECTIVE EQUIPMENTS
  • 62. Intentional Wrongs Torts: 1. Assault vs. Battery 2. False imprisonment 3. Invasion of the rights to privacy
  • 63. CRIMES, MISDEMEANOR AND FELONIES CRIME – an act committed or omitted in violation of the law CRIMINAL OFFENSE  Criminal actions  Criminal intent – deliberate intent (freedom & intelligence)  Criminal negligence  Conspiracy to commit a crime:  PRINCIPALS  By induction  By direct participation  By indispensable cooperation  ACCOMPLICES  ACCESSORIES
  • 64. FELONIES - a public offense for which a convicted person is liable to be sentenced to death or be imprisoned in a penitentiary or prison.  Felony  Dolo (malice)  Culpa (fault)  According to stages of acts of execution  Attempted  Frustrated  Consummated  According to degree of punishment  Grave felonies  Less grave felonies  Light felonies
  • 65. Felonies  Against persons:  Parricide  Murder  Homicide  Infanticide  Abortion  Mutilation  Physical Injuries  Rape - RA 8353 – Anti-Rape Law of 1997
  • 66.  Against personal Liberty  Kidnapping Abandonment of persons in danger  The Good Samaritan Law  Abandonment of one’s own victim  Grave Coercion (restrict or force)  Against Property  Robbery  Theft  Malicious mischief (willful destruction of personal property motivated by ill will or resentment towards its owner)  Against Chastity  Adultery and concubinage
  • 67.  Against Civil Status  Simulation of birth  Substitution of one child with another  Concealment or abandonment of a legitimate child  Bigamy  Against Honor  Libel  Slander MISDEMEANOR – a general name for a criminal offense which does not in law amount to felony punishable by a fine or imprisonment of less than 1 year.
  • 68. Circumstances considered by law affecting criminal liability  Justifying circumstances  Exempting circumstances  Mitigating circumstances  Aggravating circumstances  Alternative circumstances
  • 69. JUSTIFYING CIRCUMSTANCES 1. Self-defense. 2. Defense of a relative. 3. Defense of a stranger. 4. State of necessity. 5. Fulfilment of duty or exercise of right or office. 6. Obedience to superior order.
  • 70. EXEMPTING CIRCUMSTANCES 1. Imbecility and insanity. 2. Minority – 9 yrs old below and 9-15 yrs old 3. Accident. 4. Compulsion of irresistible force. 5. Impulse of uncontrollable fear. 6. Insuperable or lawful cause.
  • 71. MITIGATING CIRCUMSTANCES 1. Justifying and exempting. 2. 18 yrs old below or over 75 yrs old. 3. Lack of intention to commit so grave a wrong. 4. Sufficient provocation. 5. Immediate vindication of a grave offense. 6. Passion or obfuscation. 7. Voluntary surrender and plea of guilty. 8. Offender is deaf and dumb, or blind. 9. Illness that diminishes the exercise of will power.
  • 72. AGGRAVATING CIRCUMSTANCES 1. Taking advantage of his public position. 2. Crime committed in contempt of or with insult to public authority. 3. Act committed with insult or lack of regard due to offended party by reason of age, sex, rank or crime is committed in the dwelling of the offended party, if the latter has not given consent. 4. Abuse of confidence or obvious ungratefulness. 5. Committed in a place of worship. 6. Crime committed on the occasion of a calamity. 7. Consideration of a price, promise or reward. 8. By means of inundation, fire, etc. 9. Evident premeditation. 10. Craft, fraud or disguise is employed. 11. Cruelty.
  • 73. ALTERNATING CIRCUMSTANCES Examples: 1. Relationship 2. Alcoholism Lack of education is not mitigating in the following cases: 1. Rape 2. Forcible abduction 3. Arson 4. Treason 5. Seduction and acts of lasciviousness 6. Heinous crimes
  • 74. How does one avoid criminal liability? 1. Familiarity with the Philippine Nursing Law. 2. Awareness on the laws affecting nursing. 3. Get a copy of job description, rules & regulations, and policies. 4. Upgrade skills and competency. 5. Accepting responsibilities within your scope of responsibility and job description. 6. No delegation. 7. Determine subordinates’ competence 8. Good interpersonal relationship. 9. Consult superiors. 10. Verify unclear orders. 11. Inform doctors about clients’ condition. 12. Accurate and adequate documentation. 13. Informed consent for patients.
  • 75. Wills - a legal declaration of a person’s intentions upon death  Important Terms  Will  Testamentary document  Decedent  Testator  Testatrix  Heir  Testate  Intestate  Probate  Administrator Types of Wills: 1. Holographic will 2. Nuncupative will
  • 76. WILLS LEGAL REQUIREMENTS: A. Requirements of testator: 1. Must have the intention 2. Of legal age 3. Of sound mind (clear thinking & free from undue influence) B. Administrator should be named: C. Signed by testator, attested and signed by at least 3 witness in his presence and of one another. D. Requirements of witness: 1. Sound mind 2. Of legal age 3. Not blind, deaf or dumb 4. Able to read and write E. Must be in the language known to the testator. F. Acknowledged before a notary public by the testator and witness. Note: Married woman.
  • 77. Gifts  Requirements: 1. Must be a personal property 2. Intention to make the gifts 3. Indication of transfer of control 4. Acceptance Gifts causa mortis or donation causa mortis
  • 78. Elements of a Lawsuit  A – A duty  B – Breach of Duty  C – Causation  D – Damages ANATOMY OF A LAWSUIT C  A  T
  • 79. Important Terms  Amicable settlement  Pre-trial  Disputants/Litigants  Plaintiff /Complainant  Defendant/Respondent  Testimony of facts / Testimony of opinions  Expert witness  Privilege against self-incrimination  Hearsay evidence  Privilege communication  Evidence  Ante-mortem statements  Appeals  Execution of Judgment
  • 80. Ethics  A standard to examine and understand moral life. It studies how people make judgement in regard to right or wrong.  Morals – a re specific was of behavior or of accomplishing ethical practices.  Morality – Social consensus about moral conduct for human beings and society.  Bio-ethics – a specific domain of ethics that focuses on moral issues in the field of health care.
  • 81. Ethical Principles and Other Approaches:  Telelogical Approach – “telos” - goal or end (the right thing to do is the good thing to do)  Act utilitarianism – good resides in the promotion of happiness or the greatest net increase of pleasure over pain.  Deontological Approach or Duty-oriented Theory – the basic rightness or wrongness of an act depends on the intrinsic nature rather than upon the situation or its consequences. (duty of fidelity, reparation, gratitude, justice, beneficence, self-improvement, nonmaleficence)  Virtue Ethics Approach – heart of the person performing the act. Divine Command Ethics
  • 82. Universal Principles of Biomedical Ethics  Beneficence  Non-maleficence  Justice  Autonomy  Informed Consent  Emancipated minors  Fidelity  Veracity  Benevolent deception
  • 83. Guidelines in Making Ethical Decisions:  Consideration for people as human beings  Consideration of consequences  Proportionate good to come from the choices  Propriety of actual needs over ideal or potential needs  A desire to enlarge choices and reduce chance  A courageous acceptance of the consequence of the decision
  • 84. Steps in making Ethical Decisions 1. Identify and clarify the ethical problem 2. Gather data 3. Indentify options or alternatives 4. Makes a decision 5. Act and assess the outcomes of decision
  • 85.  Ethics Committees in Hospitals and the Role of Medical Ethicists  Responsibilities:  Nurses  Patient  Physician  Colleagues  Self  Patients (information, comply instructions, inform about refusal, pay, follow rules and regulations, and respect and consideration) Investigative Studies and Medical Regimen
  • 86. Privilege Communication  When can it be divulged? • Medical Records • DNR Orders • Advance Directives 1. Proxy Forms or Durable Power of Attorney for Health Care 2. Living Wills Taxation (RA No. 1612)
  • 87. Code of Ethics for Filipino Nurses General Principles of the Code of Good Governance: 1. Service to others. 2. Integrity and objectivity. 3. Professional competence. 4. Solidarity and Teamwork 5. Social and Civic responsibility 6. Global competitiveness. 7. Equality of all professions.
  • 88. Code of Ethics for Filipino Nurses Code of Ethics by ICN 1984  Code of Ethics by ICN (promotion of spiritual environment) 1989  Code of Ethics for Filipino Nurses (1982) – (1990) 2004 Resolution No. 633 Resolution No. 1955 Resolution No. 220
  • 89. Code of Ethics for Filipino Nurses  Article I. Preamble Health as a fundamental right of every individual. Preservation of health at all cost. 4-fold responsibility. Cultural diversity is not a hindrance to effective nursing care.  Article II. Registered Nurses and People Respect individuality and totality of a person. (spiritual beliefs) Nurses as patient’s advocate, confidentiality of information and no discrimination.  Article III. Registered Nurses and Practice Responsible for personal and professional growth (CPE) and the principle of accountability for his/her actions. Maintaining quality care (Code of Ethics and Standards of safe nursing practice)
  • 90. Code of Ethics for Filipino Nurses  Article IV. Registered Nurses and Co-workers Good collaborative working conditions, participate in organizations, proper delegation, non-judgmental, and respect of co-workers.  Article V. Registered Nurses, Society, and Environment As a member of the society and having knowledge about health resources, nurses, play an active role in primary health care and live in conformity with the morals of the society.  Article VI. Registered Nurses and the Profession Be a member of PNA, uphold constitutional by-laws. CPE.
  • 91. Continuing Professional Education  Objectives: 1. Keep abreast with the latest trends. 2. Maintain high standards and quality care. 3. To become globally competitive. 4. For the general welfare of the society. BSN  MAN  Doctorate Examples: Seminars, Conventions, Residency, Distance Learning, OJT
  • 92. Important Laws  PRC Resolution No. 2004-179 s. of 2004  RA 8981  BON Resolution No. 8  RA 9255  RA 9262  PD 856 – The Code of Sanitation  RA 9165 – Comprehensive Dangerous Drug’s Acts of 2002
  • 93. Laws promoting the welfare and well-being of nurses 1. Labor Code – PD 442 2. Civil Service Code – PD 807 3. Executive Order No. 180 4. Magna Carta of Public Health Workers – RA 7305 5. Salary Standardization Law – RA 6758 6. An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices – RA 7041 7. Anti-Sexual Harassment Act – RA 7877
  • 94. Laws that spell out the responsibilities of nurses 1. Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) 2. Civil Service Rules and Regulations (PD 807) 3. An Act Penalizing the Refusal of Hospitals and Medical Clinics to Administer Appropriate Initial Medical Treatment and Support in Emergency Cases. (RA 8344)