(ETHICO-LEGAL NURSING)

REGISTRATION

PROFESSION -is the recording of names of persons who have

qualified under the law to practice their
-An occupation or calling requiring advanced
respective professions.
training and experience in some specific or
specialized body of knowledge which provides Professional Regulation Commission Board of
service to society in that field. Nursing

PROFESSIONAL NURSE  R. A. 9173

“The Philippine Nursing Act
-Is a person who has completed a basic nursing
of 2002”
education program and is licensed in his/ her
 R.A. 8981
country or state to practice professional
“PRC Modernization Act of 2000”
nursing.

NURSING JURISPRUDENCE

-Department of law w/c comprises all legal rules

and principles affecting the practice of nursing.

NURSING LEGISLATION

-The making of laws, or the body of laws already

enacted affecting the practice of nursing.

LEGAL RIGHT

-A claim which can be enforced by legal means

against a person whose duty is to respect it.

LICENSE

-Is a legal document given by the government

that permits a person to offer to the public his Core Competency Guide for Nursing Practice in
or her skills and knowledge in a particular the Philippines
jurisdiction, where such practice would Four Levels of Care
otherwise be harmful without a license.  Promotive, Preventive, Curative and
Rehabilitative - are integrated in each
-It is a privilege given by the licensing body of
nursing care management category
the government (PRC-Professional Regulation
utilizing the nursing process in varied
Commission)
settings from individuals to families,
LAW groups and communities.

Is a rule of civil conduct prescribed by the

The Eleven (11) Key Areas of
supreme power in a state, commanding what is
Responsibility/Core Competencies
right and prohibiting what is wrong
• Safe and Quality Care

1
 • Management of Resources and  Enhancing Competencies – is a cluster
Environment of key areas of responsibility that
• Health education ensures excellent performance of the
• Legal responsibility patient care competencies which
• Ethico-moral-spiritual responsibility includes research and quality
Key Areas of Responsibility / Core improvement.
Competencies  Enabling Competencies – is a cluster
• Quality improvement of key areas of responsibility that
• Research provide support to the effective and
• Personal and professional growth and efficient performance of the patient
development care competencies which includes
• Records management management of resources and
• Communication environment and records management
• Collaboration and team work .
Core Competencies v.s. KEY AREAS
OF RESPONSIBILITIES
1. Safe and Quality Nursing
2. Management of Resources and
Environment
3. Health Education
4. Legal Responsibility
5. Ethico-moral Responsibility
6. Personal and Professional Development
7. Quality Improvement
8. Research
9. Record Management
10. Communication
11. Collaboration and Teamwork
Competency Based Test Framework
Glossary of Terms:
 Patient Care Competencies – is a
cluster of key areas of responsibility
which serves as the core of
competencies which includes safe and
quality care, communication,
collaboration and teamwork and
health education.
 Empowering Competencies – is a
cluster of key areas of responsibility
that mandate compliance to the
standards of legal,ethico-moral-spiritual
responsibilities and personal and
professional development.

2
3
QUALIFICATION and ABILITIES of a professional jurisdiction, where such practice
nurse would otherwise be harmful
without a license.
A. Professional Preparation
- It is a privilege given by the
A NURSE must: licensing body of the government
(PRC-Professional Regulation
1. Be BS in Nursing degree holder Commission)
2. Physically and mentally fit Content information for registration
1. Full name of the registrant;
3. Have license to practice nursing in the 2. Number and date of registration
country. 3. Age, sex and place of birth
B. PERSONAL & PROFESSIONAL 4. Place of Business
PROFECIENCIES: 5. Post office address
6. Name of school, college or university
1. Interest and willingness to work and from which he/she graduated
learn 7. Date of graduation or term of study
spent in the study of the profession
2. Warm personality and concern for
8. Other degrees granted to him or her
people
from the institution of learning.
3. Resourcefulness and creativity
Registration Required
4. Capacity and capability to work
- Registration by Examination –
cooperatively
Sec.12- Sec. 15 of the Republic act
5. Initiative to improve self and service 9173 or Philippine Nursing act of
2002.
6. Competence in performing work - Registration by Reciprocity – Sec.
7. Skills:Decision making; Communicating; 20 and Sec.21of RA 9173
relating with others; research oriented
Registration by Reciprocity
LICENSE TO PRACTICE NURSING - A certificate of registration /
Purposes for LICENSURE professional license may be issued
without examination to nurses
1. To protect the health of the people. registered under the laws of a
foreign state / country.
2. Discourages person’s misrepresentation
- Provided that the requirements for
3. Legal control and enforcement of registration or licensing of nurses
nursing practice in said country are substantially
the same as those prescribed
4. Used to gather statistical data.
- Provided that the laws of such
LICENSE state or country grant the same
basis as the subjects or citizens of
- Is a legal document given by the
such foreign country or state
government that permits a person
- Before a nurse can practice,
to offer to the public his or her
applicants must present to the
skills and knowledge in a particular

4
 BON a properly completed by the law of his
application on the prescribed descent or parentage;
form: THE CHILD FOLLOWS
THE CITIZENSHIP OF
THE FATHER
o Certification from the
commission on Immigration &  JUS SOLI DOCTRINE
deportation ( residents for 3  The nationality of a
years) person is determined
o A copy of law or petition by the law of his birth;
( showing reciprocal practice in the child born in a
the Philippines foreign country;
o A copy of their officially whatever maybe the
approved BSN Curriculum citizenship of the father
is the citizen of a citizen
Sec.21. Practice through Special/Temporary of that country.
permit  NATURALIZATION-
 The act of adopting a
License Nurses from foreign countries/states foreigner and giving
are on: him the privileges of a
a. Medical Mission native citizen
b. Outstanding expert Renewal of nurse’s license
c. Professors on exchange employment  What regulating body is responsible for
profession license card renewal?
Note: The permit given to them is valid on the  When should a registered nurse renew
duration of mission, project, speaking his license?
engagement, and employment.  What are the requirements for the
renewal of his license?
REGISTRATION BY EXAMINATION Revocation or suspension of certificate of
Sec.12- Licensure Examination registration
Sec.13- Qualification for Admission to the  What are the grounds why my license
Licensure Examination. will be revoke or suspended?
Sec.14- Scope of examination  How long does my license can be
Sec. 15-Ratings suspended?
 How long does my license can be
 The Phil. Citizenship may be lost or re- revoked?
acquired in the manner provided by law PROHIBITIONS in the practice of Nursing
 A natural- born citizen is one who is - A fine of not less than Fifty
citizen of the Phil. From birth without thousand pesos( P50,000.00) nor
having to perform any act to acquire or more than One hundred thousand
perfect the Philippine citizenship pesos( P100,000.00) or
 JUS SANGUINIS DOCTRINE imprisonment of less than one(1)
 The nationality of the year nor more than six(6) years, or
person is determined

5
 both, upon the discretion of the 7. The right to be informed of the nature of
court shall be imposed upon: the cause of the accusation against
Any person practicing nursing: him/her;
1. Without a certificate of registration/ 8. .The right to have a speedy, impartial
professional license and PRC card and public trial;
2. Uses an invalid certificate; 9. The right to meet the witness face to
3. Uses suspended or revoked certificate face
or expired or cancelled permit 10. The right to have a compulsory process
4. Gives false evidence to the board to secure the attention of witness face to
5. Falsely poses or advertises or convey face and the production of evidence on
the impression that he is a RN. his/her behalf
6. Who appends BSN, RN without 11. The right against self-incrimination;
authority 12. The right against the use of force,
7. Who as registered nurse, assists illegal violence, threat, intimidation or any
practice of non-qualified person. other means which vitiates the free will;
DUE PROCESS OF LAW 13. The right against cruel and unusual
1. What is due process of law? punishment;
2. What are the constitutional rights of the 14. The right against excessive fines; and
accused? 15. The right against double jeopardy.
( Fundamental requirements of due process) THE LICENSING BOARD
 What government agency has the
FUNDAMENTAL REQUIREMENTS OF DUE power to regulate the professions in the
PROCESS Philippines? The Professional
 Article III Section 14 of the New Regulation Commission
constitution stating that “No person (PRC/Commission)
shall be held to answer for a criminal  What is RA 8981?
offense without due process of law”. REPUBLIC ACT NO. 8981
- AN ACT MODERNIZING THE
Constitutional Rights of the Accused PROFESSIONAL REGULATION
1. The accused is presumed innocent until COMMISSION, REPEALING
the contrary is proved. FOR THE PURPOSE
PRESIDENTIAL DECREE
2. The right to free access to the courts and
NUMBERED TWO HUNDRED
adequate legal assistance;
AND TWENTY-THREE,
3. The right to remain silent and have ENTITLED "CREATING THE
competent and independent counsel PROFESSIONAL REGULATION
preferably of his/her own choice. COMMISSION AND
4. The right to bail and protection against PRESCRIBING ITS POWERS
excessive bail; AND FUNCTIONS," AND FOR
5. The right to presumption of innocence OTHER PURPOSES
until the contrary is proved. - Be it enacted by the Senate and
6. The right to be heard by himself/herself House of Representatives of the
Philippines Congress assembled:
and counsel
- Section 1. Title – This Act shall
be called the "PRC Modernization
Act of 2000."

6
  What section of RA 9173 tackled the b. Be a member of good standing
composition of the board of nursing? accredited professional organization of
- Section 3. Creation and nurses.
Composition of the Board. - There c. Be a registered nurse and holder of
shall be created a Professional master’s degree in Nursing education or
Regulatory Board of Nursing, other allied medical profession
hereinafter referred to as the conferred by a college or university duly
Board, to be composed of a recognized by the government:
Chairperson and six (6) members. provided that majority of the member
 How many persons composed the BON? of the board shall be a holder of a
Who are they? master’s degree in Nursing: provided,
 What are the different types of further, that the chairpersons shall be a
appointment is confirmed by holder of master’s degree in Nursing.
commission of appointment? d. Have at least ten(10) years of
 What are the qualifications of the continuous practice of the profession
Chairperson and members of the prior to appointment: Provided,
board? however, that the last five (5) years of
 How long is the term of office of the which shall be in the Philippines.
BON? e. Not have been convicted on any offense
 How much compensation do a BON involving moral turpitude.
chairperson and members have? Sec. 9 Power and Duties of the Board
 Can a chairperson and members of the a. Conduct the licensure examination for
board of nursing be suspended or nurses
removed? On what grounds? b. Issue, suspend or revoke certificates of
 What are the power, function and registration for the practice in Nursing.
responsibilities of the Board of Nursing? c. Monitor & enforce quality standards of
 Why their functions as BON is very nursing practice in the Philippines &
important in the field of nursing? exercise the powers necessary to
Board of Nursing (2020-2026) ensure the maintenance of efficient,
Chairman of the Board ethical & technical, moral &
Members of the Board: 6 members professional standards in the practice of
1. Hon. Elsie A. Tee, newly appointed nursing taking into account the health
Chairperson and needs of the nation.
2. Hon. Carmelita C. Divinagracia, d. Ensure quality nursing education by
3. Hon. Zenaida C. Gagno, examining the prescribed facilities of
4. Hon. Marylou B. Ong, and universities or colleges of nursing or
5. Hon. Merle L. Salvani, departments of nursing education and
6. Carfredda P. Dumlao those seeking permission to open
7. Leah Primitiva Paquiz nursing courses to ensure the standard
of nursing education are properly
Sec.4 Qualification of the Chairperson & complied with and maintained at all
members of the board times.
a. Be a natural born citizen & resident of e. Conduct hearing & investigations to
the Philippines. resolve complaints against nurse

7
 practitioners for unethical and  Private Duty or Special Duty Nursing
unprofessional conduct and violation of  Industrial or Occupational Health
this Act or its rules and regulations and Nursing
in connection therewith, issue  Nursing Education
subpoena ad testificadum and  Military Nursing
subpoena duces tecum to secure the  School Nursing
appearance of respondents & witnesses  Clinic Nursing
and the production of documents &  Independent Nursing Practice
punish with contempt person
obstructing, impending and/ otherwise Advantages and Disadvantages of the different
interfering the conduct of such field of nursing
proceedings upon application with the
court.
f. Promulgate a code of Ethics in
coordination and consultation with
accredited professional organization of
nurses within one (1) year from the
effectivity of this act.
g. Recognize nursing specialty
organization in coordination with the
accredited professional organization
and;
h. Prescribe, adopt, issue, & promulgate
guidelines, regulations, measures &
decisions as may be necessary for the
improvement of the Nursing practice,
advancement of the profession.
The different Fields of Nursing
1. What are the different classification of
fields of Nursing?
2. Why it is important for you to know the
advantages and disadvantages of the
different fields of nursing?
3. How nurses can be qualified as Nursing
service administrators?
4. What makes clinical instructors
qualified to teach in the college of
nursing? How about the Dean of the
College of Nursing?

Different Fields of Nursing

 Hospital or Institutional Nursing
 Public Health Nursing or Community
Health Nursing

8
 administration courses at graduate
level;
4. Be a member of good standing APO of
nurses.
Qualifications of Chief Nurse or Director of
Nursing Service
1. Be a registered nurse in the Philippines
2. Have at five years of experience in
supervisory and managerial position in
nursing;
3. Possess a degree of BS in Nursing with
Master’s degree major in nursing
4. Be a member of good standing APO of
nurses.
Qualification of the Faculty and Dean of the
College of Nursing
 Be a RN in the Philippines
 At least one year clinical experience in a
field of specialization
 Be a member of APO of nurses
 Be a holder master’s degree in nursing,
education, medical and allied health
sciences in the duly recognized
university in the Philippines
Contracts
 Discuss with your seatmate the
different kinds of contract? How those
contract differ from one another?
 What are the essential/mandatory
needs of persons/parties involved into a
contract?
 When we can consider that the contract
is Voidable? Illegal? Inexistent?
 How and when a person can be charged
of failure to perform an agreement?
 Why nurses must not fear signing on
Qualifications of Nursing Service written contract?
Administrators CONTRACT:
- is a meeting of minds between two
1. Be a registered nurse in the Philippines persons whereby one binds
2. Have at least two years of experience in himself, with respect to the other,
general nursing administration; to give something or to render
3. Possess a degree of BS in Nursing with a some service.
least 9 units in management and

9
 - it is a promise or a set of promises 5. Contracting parties must have the legal
which the law recognizes as a duty and capacity to enter into a contract. They
when that duty is not performed, the must
law provides a remedy. a. Be of legal age
KINDS OF CONTRACTS b. Be of sound mind
1. FORMAL CONTRACT- refers to an agreement c. Not under the influence of
among parties involved and is required to be in intoxicating drugs, fear of bodily
writing by special laws.eg. Marriage contract, harm; and
mortgages, deeds of sale and work contract. d. Not be suffering from physical
2. AN INFORMAL CONTRACT- is one which is disability such as those who are
concluded as the result of a written document mentally incompetent
or correspondence where the law does not VOIDABLE CONTRACTS
require the same to be in writing, or as a result 1. Those contract wherein one of the
of oral and open discussion between parties. parties is incapable of giving consent to
3. AN EXPRESS CONTRACT- is one in which the a contract.
conditions and terms of the contract are given 2. Those whose consent is vitiated by
orally or in writing by the concerned parties.eg. mistake, violence, intimidation, undue
Doctrine facio ut des” I do that you may give” influence or fraud.
4. AN IMPLIED CONTRACT- is one that is ILLEGAL CONTRACTS
concluded as a result of acts of conduct of the 1. Those that are made in protection of
parties to which the law ascribes as objective the law.
intention to enter into a contract. 2. Consent obtained by fraud
5. A VOID CONTRACT- is one that is inexistent 3. Those obtained under duress
from the very beginning and therefore may not 4. Those obtained under undue influence
be enforced. 5. Those obtained through material
6. AN ILLEGAL CONTRACT- is one that is misinterpretation
expressly prohibited by law. BREACH OF CONTRACT
Requisites of a Contract The following constitute breach of contract for
1. To have a contract, two or more nursing services
persons must participate. a. Prevention of performance
2. The parties involved must give consent b. Failure to perform because of
to the contract inconvenience or difficulty
3. The object w/c is the subject matter of c. Failure of cooperation in performance
the contract must be such specified d. Abandonment of duty ( i.e. leaving
such as: unconscious patient, going off duty
 All things w/c are not outside the without endorsement, loafing while on
commerce of man duty)
 All rights w/c are not intransmissable e. Substitution of performance
 All services w/c are not contrary to law, f. Failure to use due care
morals, good customs, public order and Legal excuses in refusing, neglecting or failure
public policy. to perform a contract
4. The cause of obligation is established. 1. Discovery of material misinterpretation
The time, price and subject matter are made and relied upon;
expressed. 2. Where performance will be illegal;

10
 3. Where performance is made impossible
by reason of illness
4. Where performance is made
impossible by death of patient or nurse
5. Where performance is made for the
other reasons; and
6. Where contract is insufficient.
SOME SPECIAL CONTRACTS
 SALE
 BARTER
 LEASE OF THINGS
 HOUSEHOLD SERVICE
 LABOR
 CONTRACT FOR A PIECE OF WORK
 COMMON CARRIAGE OR TRANSPORTATION
 PARTNERSHIP
 AGENCY
 LOAN
 DEPOSIT
 GUARANTY
 PLEDGE
 CHATTEL MORTGAGE
 REAL STATE MORTGAGE
Doctrine applied in a Contract
• Do ut des – I give that you may give
• Facio ut facias – I perform so that you
are to perform
• Facio ut des – I do that you may give
• Do ut Facias – I pay in order that you
may perform.

11