Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Click to edit Master subtitle style

Second Regular Session

Republic Act No. 9173 October 21, 2002 AN ACT PROVIDING FOR A MORE RESPONSIVE NURSING PROFESSION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7164, OTHERWISE KNOWN AS "THE PHILIPPINE NURSING ACT OF 1991" AND FOR OTHER PURPOSES ARTICLE I Title

Section 1. Title. - This Act shall be known as the "Philippine Nursing Act of 2002." ARTICLE II Declaration of Policy Section 2. Declaration of Policy. It is hereby declared the policy of the State to assume responsibility for the protection and improvement of the nursing profession by instituting measures that will result in relevant nursing education, humane working conditions, better career prospects and a dignified existence for our nurses

Section 4. Qualifications of the Chairperson and Members of the Board. - The Chairperson and Members of the Board shall, at the time of their appointment, possess the following qualifications: (a) Be a natural born citizen and resident of the Philippines; (b) Be a member of good standing of the accredited professional organization of nurses; (c) Be a registered nurse and holder of a master's degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the Government (d) Have at least ten (10) years of continuous practice of the profession prior to appointment (e) Not have been convicted of any offense involving moral turpitude

section 5. Requirements Upon Qualification as Member of the Board of Nursing. - Any person appointed as Chairperson or Member of the Board shall immediately resign from any teaching position in any school, college, university or institution offering Bachelor of Science in Nursing and/or review program for the local nursing board examinations or in any office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries as well as these employed in the private sector. He/she shall not have any pecuniary interest in or administrative supervision over any institution offering Bachelor of Science in Nursing including review classes.

Section 6. Term of Office.. - The Chairperson and Members of the Board shall hold office for a term of three (3) years and until their successors shall have been appointed and qualified: Provided, That the Chairperson and members of the Board may be re-appointed for another term. Section 7. Compensation of the Board Members. - The Chairperson and Members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the Chairperson and members of other professional regulatory boards.

Section 9. Powers and Duties of the Board. - The Board shall supervise and regulate the practice of the nursing profession and shall have the following powers, duties and functions: (a) Conduct the licensure examination for nurses; (b) Issue, suspend or revoke certificates of registration for the practice of nursing; (c) Monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical and technical, moral and professional standards in the practice of nursing taking into account the health needs of the nation; (d) Ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open nursing courses to ensure that standards of nursing education are properly complied with and maintained at all times. The authority to open and close colleges of nursing and/or nursing education programs shall be vested on the Commission on Higher Education upon the written recommendation of the Board;

(e) Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act, or its rules and regulations and in connection therewith, issue subpoena ad testificandum and subpoena duces tecum to secure the appearance of respondents and witnesses and the production of documents and punish with contempt persons obstructing, impeding and/or otherwise interfacing with the conduct of such proceedings, upon application with the court; (f) Promulgate a Code of Ethics in coordination and consultation with the accredited professional organization of nurses within one (1) year from the effectively of this Act; (g) Recognize nursing specialty organizations in coordination with the accredited professional organization; and (h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvements of the nursing practice, advancement of the profession and for the proper and full enforcement of this Act subject to the review and approval by the Commission.

Section 10. Annual Report. - The Board shall at the close of its calendar year submit an annual report to the President of the Philippines through the Commission giving a detailed account of its proceedings and the accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of the nursing profession. Section 11. Removal or Suspension of Board Members. - The president may remove or suspend any member of the Board after having been given the opportunity to defend himself/herself in a proper administrative investigation, on the following grounds; (a) Continued neglect of duty or incompetence; (b) Commission or toleration of irregularities in the licensure examination; and (c) Unprofessional immoral or dishonourable conduct.

ARTICLE IV Examination and Registration Section 12. Licensure Examination. - All applicants for license to practice nursing shall be required to pass a written examination, which shall be given by the Board in such places and dates as may be designated by the Commission: Provided, That it shall be in accordance with Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000." Section 13. Qualifications for Admission to the Licensure Examination. - In order to be admitted to the examination for nurses, an applicant must, at the time of filing his/her application, establish to the satisfaction of the Board that: (a) He/she is a citizen of the Philippines, or a citizen or subject of a country which permits Filipino nurses to practice within its territorial limits on the same basis as the subject or citizen of such country: Provided, That the requirements for the registration or licensing of nurses in said country are substantially the same as those prescribed in this Act; (b) He/she is of good moral character; and (c) He/she is a holder of a Bachelor's Degree in Nursing from a college or university that complies with the standards of nursing education duly recognized by the proper government agency.

Section 14. Scope of Examination. - The scope of the examination for the practice of nursing in the Philippines shall be determined by the Board. The Board shall take into consideration the objectives of the nursing curriculum, the broad areas of nursing, and other related disciplines and competencies in determining the subjects of examinations. Section 15. Ratings. - In order to pass the examination, an examinee must obtain a general average of at least seventy-five percent (785%) with a rating of not below sixty percent (60%) in any subject. An examinee who obtains an average rating of seventy-five percent (75%) or higher but gets a rating below sixty percent (60%) in any subject must take the examination again but only in the subject or subjects where he/she is rated below sixty percent (60%). In order to pass the succeeding examination, an examinee must obtain a rating of at least seventy-five percent (75%) in the subject or subjects repeated

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 17. Issuance of Certificate of Registration/Professional License and Professional Identification Card. - A certificate of registration/professional license as a nurse shall be issued to an applicant who passes the examination upon payment of the prescribed fees. Every certificate of registration/professional license shall show the full name of the registrant, the serial number, the signature of the Chairperson of the Commission and of the Members of the Board, and the official seal of the Commission. Section 18. Fees for Examination and Registration. Applicants for licensure and for registration shall pay the prescribed fees set by Commission

Section 19. Automatic Registration of Nurses. - All nurses whose names appear at the roster of nurses shall be automatically or ipso facto registered as nurses under this Act upon its effectivity. Section 20. Registration by Reciprocity. - A certificate of registration/professional license may be issued without ex amination to nurses registered under the laws of a foreign state or country: Provided, That the requirements for registration or licensing of nurses in said country are substantially the same as those prescribed under this Act:Provided, further, That the laws of such state or country grant the same privileges to registered nurses of the Philippines on the same basis as the subjects or citizens of such foreign state or country.

Section 21. Practice Through Special/Temporary Permit. - A special/temporary permit may be issued by the Board to the following persons subject to the approval of the Commission and upon payment of the prescribed fees: (a) Licensed nurses from foreign countries/states whose service are either for a fee or free if they are internationally well-known specialists or outstanding experts in any branch or specialty of nursing; (b) Licensed nurses from foreign countries/states on medical mission whose services shall be free in a particular hospital, center or clinic; and (c) Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing; Provided, however, That the special/temporary permit shall be effective only for the duration of the project, medical mission or employment contract.

Section 22. Non-registration and Non-issuance of Certificates of Registration/Professional License or Special/Temporary Permit. - No person convicted by final judgment of any criminal offense involving moral turpitude or any person guilty of immoral or dishonorable conduct or any person declared by the court to be of unsound mind shall be registered and be issued a certificate of registration/professional license or a special/temporary permit. The Board shall furnish the applicant a written statement setting forth the reasons for its actions, which shall be incorporated in the records of the Board.

Section 23. Revocation and suspension of Certificate of Registration/Professional License and Cancellation of Special/Temporary Permit. - The Board shall have the power to revoke or suspend the certificate of registration/professional license or cancel the special/temporary permit of a nurse upon any of the following grounds: (a) For any of the causes mentioned in the preceding section; (b) For unprofessional and unethical conduct; (c) For gross incompetence or serious ignorance; (d) For malpractice or negligence in the practice of nursing; (e) For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit; (f) For violation of this Act, the 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 temporarily/special permit; or (g) For practicing his/her profession during his/her suspension from such 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 and when the cause for revocation has disappeared or has been cured and corrected, upon proper application therefor and the payment of the required fees, issue another copy of the certificate of registration/professional license.

ARTICLE V Nursing Education Section 25. Nursing Education Program. - The nursing education program shall provide sound general and professional foundation for the practice of nursing. The learning experiences shall adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the Commission on Higher Education's policies and standards of nursing education. Section 26. Requirement for Inactive Nurses Returning to Practice. - Nurses who have not actively practiced the profession for five (5) consecutive years are required to undergo one (1) month of didactic training and three (3) months of practicum. The Board shall accredit hospitals to conduct the said training program.

Section 27. Qualifications of the Faculty. - A member of the faculty in a college of nursing teaching professional courses must: (a) Be a registered nurse in the Philippines; (b) Have at least one (1) year of clinical practice in a field of specialization; (c) Be a member of good standing in the accredited professional organization of nurses; and (d) Be a holder of a master's degree in nursing, education, or other allied medical and health sciences conferred by a college or university duly recognized by the Government of the Republic of the Philippines. In addition to the aforementioned qualifications, the dean of a college must have a master's degree in nursing. He/she must have at least five (5) years of experience in nursing

ARTICLE VI Nursing Practice Section 28. Scope of Nursing. - A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting. It includes, but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age. As independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness. A members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of the nurse to:

(a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited to, traditional and innovative approaches, therapeutic use of self, executing health care techniques and procedures, essential primary health care, comfort measures, health teachings, and administration of written prescription for treatment, therapies, oral topical and parenteral medications, internal examination during labor in the absence of antenatal bleeding and delivery. In case of suturing of perineal laceration, (b) establish linkages with community resources and coordination with the health team;

(c) Provide health education to individuals, families and communities; (d) Teach, guide and supervise students in nursing education programs including the administration of nursing services in varied settings such as hospitals and clinics; undertake consultation services; engage in such activities that require the utilization of knowledge and decision-making skills of a registered nurse; and (e) Undertake nursing and health human resource development training and research, which shall include, but not limited to, the development of advance nursing practice

Section 29. Qualification of Nursing Service Administrators. A person occupying supervisory or managerial positions requiring knowledge of nursing must: (a) Be a registered nurse in the Philippines; (b) Have at least two (2) years experience in general nursing service administration; (c) Possess a degree of Bachelors of Science in Nursing, with at least nine (9) units in management and administration courses at the graduate level; and (d) Be a member of good standing of the accredited professional organization of nurses

ARTICLE VII Health Human Resources Production, Utilization and Development Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Development. - The Board, in coordination with the accredited professional organization and appropriate government or private agencies shall initiate undertake and conduct studies on health human resources production, utilization and development. Section 31. Comprehensive Nursing Specialty Program. - Within ninety (90) days from the effectivity of this Act, the Board in coordination with the accredited professional organization recognized specialty organizations and the Department of Health is hereby mandated to formulate and develop a comprehensive nursing specialty program that would upgrade the level of skill and competence of specialty nurse clinicians in the country, such as but not limited to the areas of critical care, oncology, renal and such other areas as may be determined by the Board.

Section 32. Salary. - In order to enhance the general welfare, commitment to service and professionalism of nurses the minimum base pay of nurses working in the public health institutions shall not be lower than salary grade 15 prescribes under Republic Act No. 6758, otherwise known as the "Compensation and Classification Act of 1989": Provided, That for nurses working in local government units, adjustments to their salaries shall be in accordance with Section 10 of the said law. Section 33. Funding for the Comprehensive Nursing Specialty Program. - The annual financial requirement needed to train at least ten percent (10%) of the nursing staff of the participating government hospital shall be chargeable against the income of the Philippine Charity Sweepstakes Office and the Philippine Amusement and Gaming Corporation, which shall equally share in the costs and shall be released to the Department of Health subject to accounting and auditing procedures: Provided, That the department of Health shall set the criteria for the availment of this program.

Section 34. Incentives and Benefits. - The Board of Nursing, in coordination with the Department of Health and other concerned government agencies, association of hospitals and the accredited professional organization shall establish an incentive and benefit system in the form of free hospital care for nurses and their dependents, scholarship grants and other noncash benefits. The government and private hospitals are hereby mandated to maintain the standard nurse-patient ratio set by the Department of Health.

ARTICLE VIII Penal and Miscellaneous Provisions Section 35. Prohibitions in the Practice of Nursing. - A fine of not less than Fifty thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00) or imprisonment of not less than one (1) year nor more than six (6) years, or both, upon the discretion of the court, shall be imposed upon: (a) any person practicing nursing in the Philippines within the meaning of this Act: (1) without a certificate of registration/professional license and professional identification card or special temporary permit or without having been declared exempt from examination in accordance with the provision of this Act; or (2) who uses as his/her own certificate of registration/professional license and professional identification card or special temporary permit of another; or

(3) who uses an invalid certificate of registration/professional license, a suspended or revoked certificate of registration/professional license or cancelled special/temporary permits. (4) who gives any false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit; or (5) who falsely poses or advertises as a registered and licensed nurse or uses any other means that tend to convey the impression that he/she is a registered and licensed nurse. (6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar appendage to his/her name without having been coferred said degree or registration; or (7) who, as a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing.

(b) any person or the chief executive officer of a judicial entity who undertakes in-service educational programs or who conducts review classes for both local and foreign examination without permit/clearance from the Board and the Commission; or (c) any person or employer of nurses who violate the minimum base pay of nurses and the incentives and benefits that should be accorded them as specified in Sections 32 and 34; or (d) any person or the chief executive officer of a juridical entity violating any provision of this Act and its rules and regulations

ARTICLE IX Final Provisions Section 36. Enforcement of this Act. - It shall be the primary duty of the Commission and the Board to effectively implement this Act. Any duly law enforcement agencies and officers of national, provincial, city or municipal governments shall, upon the call or request of the Commission or the Board, render assistance in enforcing the provisions of this Act and to prosecute any persons violating the same. Section 37. Appropriations. - The Chairperson of the Professional Regulation Commission shall immediately include in its program and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be included in the Annual General Appropriations Act.

Section 38. Rules and Regulations. - Within ninety (90) days after the effectivity of this Act, the Board and the Commission, in coordination with the accredited professional organization, the Department of Health, the Department of Budget and Management and other concerned government agencies, shall formulate such rules and regulations necessary to carry out the provisions of this Act. The implementing rules and regulations shall be published in the Official Gazette or in any newspaper of general circulation. Section 39. Reparability Clause. - If any part of this Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational.

Section 40. Repealing Clause. - Republic Act No. 7164, otherwise known as the "Philippine Nursing Act of 1991" is hereby repealed. All other laws, decrees, orders, circulars, issuances, rules and regulations and parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly. Section 41. Effectivity. - This act shall take effect fifteen (15) days upon its publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines.

Legal Responsibilities of Nurses

Nurse Practice Act

Every state has a Nurse Practice Act, which states all the guidelines and laws for the nurses who are licensed to practice in the state. The act includes the limitations and training specifications of each nurse.

Duty of Care

Negligence, expanding nursing roles, Medical Records and Documentation, Confidentiality, Police Powers, Data Protection, Consent to treatment Adults, Children, the Mentally ill

Case Scenarios

We will examine real cases of medical and nursing negligence, review evidence from criminal and civil cases, Inquiries and investigations). We also focus on how to keep good nursing records, write effective statements and how to prepare for a court appearance.

Patient Advocate

A nurse has the legal responsibility to be the advocate for the patient in all health care instances, including emergencies. The nurse will be the liaison between the physician and the patient. The nurse has the legal duty to monitor the patient and watch for any abnormalities or complications that may occur.

Administering Medication

Any nurse who is certified to administer medication to a patient must do so accurately and timely. The nurse has the legal responsibility to interpret the charts and files of a patient and to understand what allergic reactions patients may or may not have to a certain medication

Patient Neglect

The nurse will provide care for the patient he or she is monitoring at all times. If the patient needs assistance with any issues, such as hygiene, the nurse has the legal responsibility to assist the patient.

Consent Forms

Nurses have the legal responsibility to explain all treatment, medications and lab results to patients or authorized family members of patients

Laws affecting the practice of nursing and midwifery in the philippines

A. PRESIDENTIAL DECREES 1. PD 48 Four (4) children with paid maternity leave privilege 2. PD 69 Four (4) children for personal tax exemption 3. PD 442 New labor code 4. PD 491 Nutrition program 5. PD 541 Practice of former Filipino professionals in the Philippines 6. PD Role of Public Health Midwives expanded under the RCDS

6. PD Role of Public Health Midwives expanded under the RCDS 7. PD 603 Child and Youth Welfare Code 8. PD 626 Employee Compensation and State Insurance Fund 9. PD 651 - Birth registration following delivery 10. PD 826 Anti-improper garbage disposal

11. PD 851 13th month pay 12. PD 856 Code of Sanitation 13. PD 965 Family Planning and responsible parenthood instructions prior to issuance of marriage license 14. PD 996 Compulsory immunization for children below eight (8) years olds against immunizable diseases 15. PD 1083 Muslim holidays

B. EXECTUIVE ORDERS 1. EO 61 Milk Code 2. EO 180 Guidelines on the right to organize of government employees 3. EO 203 List of regular holidays and special days 4. EO 209 Family Code of the Philippines (amended by RA 6809) 5. EO 226 Command Responsibility

C.BOARD OF MIDWIFERY/NURSING RESOLUTIONS 1. #557 Series 1988 Code of Ethics for Midwives 2. #100 Series 1983 Implementing Rules and Regulations of RA 7392 3. #633 Series 1984 ICN Code of Ethics 4. #1955 Series 1989 PNA Code of Ethics 5. #08 Series 1994 Special Training on intravenous injections for the RN 6. #20 Series 1994 Implementing Rules and Regulations of RA 7164

D. PROCLAMATION/PRONOUNCEMENTS & LETTERS OF INSTRUCTIONS 1. Proc. #6 United Nations Goal on Universal Child Immunization by 1990 2. Proc. #118 Professional Regulation Week June 16 22 3. Proc. #539 Nurses Week every last week of October

4. Proc. #1275 Midwifery Week every third week of October 5. LOI #949 Legal basis of primary health care 6.LOI #1000 Members of accredited professional organizations given preference in hiring or attendance to seminars 7. ILO Convention #149 Improvement of life and work conditions of nursing personnel (ILO Recommendation #157)

E. REPUBLICS ACTS 1. RA 1054 Free emergency medical and dental attendance to employees/laborers of any commercial, industrial or agricultural establishments 2. RA 1080 Civil Service Eligibility 3. RA 1082 Creation of rural health units all over the Philippines

4. RA 1612 Privilege Tax/Professional Tax 5. RA 2382 Philippine Medical Act 6. RA 3573 Reporting communicable diseases 7.RA 4073 Treatment of Leprosy in a government skin clinic, rural health unit or by duly licensed physician 8. RA 4226 Hospital licensure 9.RA 5181 Permanent residence and reciprocity qualifications for examinations/registration

10. RA 5901 Working hours and compensation and agencies with 100 bed capacity 11. RA 6675 Generics Act 0f 1988 12. RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees 13. RA 6725 Prohibition on Discrimination vs. women 14. RA 6727 Wage Rationalization

15. RA 6758 Salary Standardization of Government Employees 16. RA 6972 Day Care Center in every barangay 17. RA 7160 Local Autonomy Code 18. RA 7170 Legacy of donation of all or part of a human body after death 19. RA 7192 Women in Development and National Building

20. RA 7277 Magna Carta for Disabled persons 21. RA 7305 Magna Carta for Public Heath Workers 22. RA 7432 Senior Citizens Benefits and Privileges 23. RA 7600 Rooming In and Breast Feeding Act of 1992 24. RA 7610 Special Protection of Children against child abuse, exploitation and discrimination

25. RA 7641 New Retirement law for Employees in the private sector. 26. RA 7719 National Blood Services Act of 1994 27. RA 7875 National Health Insurance Act of 1995. 28. RA 7876 Senior Citizen Center for every barangay . 29. RA 7877 Anti-sexual harassment Act of 1995 30. RA 7883 Barangay Health Workers Benefits and Incentives Act of 1992 31. RA 8042 Migrant Workers and Overseas Filipinos Act 1995.

32. RA 8187 Paternity Leave Act of 1995 33. RA 8282 Social Security Law of 1997 (amended RA 1161) 34. RA 8291 government Service Insurance System Act of 1997 (amended PD 1146) 35. RA 8344 Hospitals/doctors to treat emergency cases referred for treatment 36. RA 8424 Personal Tax Exemptions 37. RA 8749 Clean Air Act

F. SILENT ASPECTS IN THE 1987 CONSTITUTION OF THE PHILIPPINES 1. Article II Declaration of Principles & State Policies Section 11 Human Dignity and Rights 12 Sanctity of Family, equal protection of the life of the mother and the life of the unborn from conception 13 Role of the youth in nation building 15 Right to health 16 Right to balanced and healthy ecology

2. Article III Bill of Rights Section 1 Equal protection of laws and the due process of law 8 Formation of unions, associations or societies 12 To remain silent and have counsel when under investigation 14- the accused person is presumed innocent until the contrary is proved 3. Article IV Citizenship Section 3 Philippine citizenship may be lost or re-acquired in the manner provided by law

4. Article XIII Social Justice and Human Rights Section 3 Rights of all Workers to self-organization, collective bargaining and negotiations and peaceful concerned activities 11 Priority for the needs of the under privileged, sick, elderly, disabled, woman and children 13 Special Agency for disabled persons 14 Protection of Working Women 5. Article XV The Family Section 1 Filipino family as the foundation of the nation 2 Marriage as an inviolable social institution is the foundation of the family 4 The family has the duly to care for its elderly members

Legal Protections in the Nursing Service

MAGNA CARTA OF PUBLIC HEALTHWORKERS (RA 7305)WORKERS ( RA 7305)

-has provisions on benefits (financial and non has provisions

on benefits (financial and nonfinancial), rights and responsibilities of public financial), rights and responsibilities of public health workers. health workers include health workers. Public health workers include everybody who works in government health everybody who works in government health institutions such as hospitals and laboratories institutions such as hospitals and laboratories.

LABOR CODE (PD 442)

defines among other things, hours defines among other things, hours of work, contract ( including of work, contract ( including termination of contract) and nurse termination of contract) and nurse staffing in industrial clinics staffing in industrial clinics

CBA Program
The Community Based Alternative Program provides home and community services as an alternative to nursing home placement.

Nursing Services and Therapy Minor Home Modifications Personal Assistance Service Adaptive Aids and Medical Supplies Respite Care

Education Law
Article 139, Nursing Introduction This article applies to the profession of nursing. The general provisions for all professions contained in article one hundred thirty of this title apply to this article Definition As used in section sixty-nine hundred two: Diagnosing" in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen. Such diagnostic privilege is distinct from a medical diagnosis.

"Treating"

means selection and performance of those therapeutic measures essential to the effective execution and management of the nursing regimen, and execution of any prescribed medical regimen. "Human Responses" means those signs, symptoms and processes which denote the individual's interaction with an actual or potential health problem.

Tort Law

Is a wrong or injury that a person suffers because of someone elses action, either intentional or unintentional. The tortuous action may cause bodily harm example: invade anothers privacy, damage a persons property, business, or reputation or make unauthorized use of persons property. It also deals with the rights and obligations of the persons involved in such cases.

Unintentional Torts- occur when an act or omission cause unintended injury or harm to another person. Negligence- is the omission to do something that a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or doing something which a reasonable and prudent person would not do. Malpractice- is a type or sub-set of negligence, committed by a person in professional capacity. Over and above simple negligence, malpractice is the form of negligence in which any professional misconduct, unreasonable lack of professional skill, or nonadherence to the accepted standard of care causes injury to a patient or client.

Four components that are required to prove liability. duty owed to the patient Breach of standards of care or failure to carry out duty Actual harm or injury suffered by the patient Causal relationship between the breach of standards of care or duty and the injury Intentional Torts- are willful or intentional acts that violate another persons rights or property. Components of Intentional torts The defendants act must be intended to interfere with the plaintiff or his property The defendant must intend to bring about the consequences of the act. The act must substantially cause the consequences There is no legal requirement that the act causes damages or injury

Fraud- is a deliberate deception for the purpose of securing an unfair or unlawful gain. Invasion of Privacy- occurs when a persons privacy is invaded Assault- defined as the unjustifiable attempt or threat to touch a person without consent that results in fear of immediately harmful or threatening contact. Battery- is the unlawful, harmful, or unwarranted touching of another or the carrying out of threatened physical harm. Battery includes any willful, angry, violent, or negligent touching of a persons body or clothes or anything held by or attached to the person

False Imprisonment- is the unjustifiable detention of a person within fixed boundaries, or an act intended to result in such confinement, without consent and without authority of law Defamation- occurs when one harms a persons reputation and good name, diminishes others value or esteem, or arouses negative feelings towards the person in others by the communication of false, malicious, unprivileged or harmful words. Two distinct forms of defamation slander and libel: Slander- occurs when one defames or damages the reputation of another by speaking unprivileged or false words. Libel- consists of printed defamation by written words and images that injure a persons reputation or cause others to avoid, ridicule, or view the person with contempt

Criminalization of Nurses Professional Negligence

Traditionally, nurses who make errors that cause harm to patients have been charged with the unintentional tort of professional negligence (malpractice). Either heard in civil court settled out of court, charges of negligence against nurses have not resulted in criminal prosecution. It appears, however, that there may be a disturbing legal trend toward charging nurses with criminal negligence in particular cases

A Will

also known as a last will and testament, is a legally binding document in which a person declares to whom his or her possessions go after death. It is perhaps one of the most important documents you may sign in your lifetime. You want to take care of your family after you are passed, and your will is your final chance to do so.

Writing a will can be complicated, especially if you own many possessions, business interests, and real estate. Sometimes your will must go into immense detail. Here is some advice on drafting your last will and testament: 1. Get Professional/Legal Help. Don't mess around. Write your will following correct legal precedents and guidelines. It's worth the cost. 2. Start Early. Last-minute, deathbed wills are not the way to do it. Start when you are younger and begin to acquire possessions and family. You can always update it and change it, according to your state of wealth and progeny. The key is to get it started.

3.Take Your Time. Be detailed, be thorough in writing a will. There is no rush, especially if you start early. Do it for your family; the more thorough and complete you are with your will, the more they benefit. 4.Update It Frequently. Keep your will as current as is needed. Don't ever be stuck with a horribly out-of-date will. 5. See the Big Picture. Don't let temporary arguments or tiffs with loved ones affect your last will and testament. Keep an even head. Know that anger and life situations settle down.

Contract

an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements:

a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance. If you're dealing in any kind of business affairs, you will most likely need to write a contract of some kind for some reason or other. Legal writing can sometimes be daunting; drafting a contract may seem complicated, but it doesn't have to be.

Here are some tips on writing a contract: 1. Be Clear, Concise, and Straightforward. You don't necessarily need to use confusing legalize when writing contracts. Just use clear language to accurately express details in an efficient manner. 2. Clearly State the Parties Involved. Establish, by name, who the involved contractual parties are, then assign generic names to the parties, such as "Company" and "Client", and refer to the parties in that manner from that point forward in the contract.

3. Define the Reason for the Contract. What is the purpose? What do you hope to accomplish? Why does a contract need to be written in this situation? 4. Address Every Possible Aspect. Break down every aspect of the particular contractual agreement into its separate components, then define what the acceptable behavior and results regarding each component. 5. End with Signatures. Make sure you get each contractual party to sign and date the contract.

Patient-Health Care Provider Contract

I understand that if I agree to participate in the Intensive Diabetes Self-Management System, I will be expected to do the following: 1. Dedicate myself to getting my blood glucose level as close to normal as possible by following the instructions of the Diabetes Self-Management team. 2. Visit the clinic regularly for a physical examination, laboratory tests and nutrition counseling (follow-up visits will be scheduled every three months, or more frequently if deemed necessary by my Health Care Provider or other members of my health care team).

3. Bring a detailed, one-day food record to each follow-up visit, to provide necessary nutrition information for myself and my dietitian, and to adjust my eating habits to meet the nutrition goals established by my dietitian. 4. Use medication(s) as prescribed by my health care team. 5. Monitor my blood glucose levels at home as instructed, and bring the results to each follow-up visit. 6. Follow my prescribed exercise plan. 7. Obtain identification as a patient with diabetes in case of an emergency.

8. Ask my Health Care Provider and other members of my health care team to explain any aspect of my case that I do not entirely understand. I understand that if I do not monitor myself carefully there is a risk of hypoglycemia. I also understand that, if I do not strive to normalize my blood sugar, I am at increased risk of developing the complications of diabetes mellitus. My signature indicates that I have read and understand the agreement. ____________________________________ Patient ____________________________________ Date

LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS: I, ____name of testator_____ , Filipino citizen, of legal age, single/married to ___insert name of spouse if any___, born on the ____th of ______________, ____ , a resident of __insert address__ , being of sound and disposing mind and memory, and not acting under undue influence or intimidation from anyone, do hereby declare and proclaim this instrument to be my Last Will and Testament, in English, the language which I am well conversant. And I hereby declare that:

I desire that should I die, it is my wish to be buried according to the rites of the Roman Catholic Church and interred at our family mausoleum in Manila; II. To my beloved wife _____name of wife_____, I give and bequeath the following property to wit:_________________________ ; III. To my esteemed children, ________________________ and ______________________I give and bequeath the following properties to wit:_______________________________ in equal shares; IV. To my dear brother, __________________________I give and bequeath the following properties to wit:_______________________________.

V. To my loyal assistant, __________________________I give and bequeath the following properties to wit:________________________. VI. I hereby designate ____name of executor_____ the executor and administrator of this Last Will and Testament, and in his incapacity, I name and designate _____________________ as his substitute. VII. I hereby direct that the executor and administrator of this Last Will and Testament or his substitute need not present any bond;

VIII. I hereby revoke, set aside and annul any and all of my other will or testamentary dispositions that I have made, executed, signed or published preceding this Last Will and Testament.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day of _____________, 20__, in ________________, Philippines. _______________________________________ (Signature of Testator over Printed Name)

THE END THANK YOU !!!