FN - (3M) Rights, Responsibilities and Regulation of Nursing Practice

Right

A privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily

Responsibility

The obligation associated with a right

Duty

The obligatory task, conduct, service or function that arise from one’s position (as in life or in a group)

Obligation

Something that is bound to do which is synonymous to duty or responsibility

Privilege

A special right, advantage, or immunity granted or available only to a particular person or group

Power

The possession of control, authority, or influence over others

Power

Ability to create, get use resources to achieve one’s goal

Authority

The power and/or right to give orders, make decisions, and enforce obedience

Empowerment

Delegated authority or power given to an individual

Contract

An agreement between two or more competent persons, on sufficient consideration (remuneration) to do or not to do some lawful act

Law

The formalization of a body of rules of action or prescribed conduct that is enforced by binding legal authority

Law

The sum total of rules and regulations by which society is governed

Law

Created by people and exists to regulate all persons

Professional Adjustment

The growth of the whole person in the development of his capabilities to make him fit to assume his position

Negligence

Misconduct or practice that is below the standard expected of an ordinary, reasonable and prudent person

Malpractice

Professional negligence

Malpractice

Negligence that occurred while the person was performing as a professional

• RES IPSA LOQUITUR

• RESPONDEAT SUPERIOR

• FORCE MAJEURE

Doctrines:

RES IPSA LOQUITUR

• “The thing speaks for itself”

• In some cases the harm cannot be traced to a specific healthcare provider or standard but does not normally occur unless there has been a negligent act

RESPONDEAT SUPERIOR

• “Let the master answer”

• The master (employer) assumes responsibility for the conduct of the servant (employee) and can also be held responsible for professional negligence by the employee

FORCE MAJEURE

An irresistible force, one that is unforeseen or inevitable

NURSING LAW (NURSE PRACTICE ACTS)

This law defines entry requirements for the profession (such as graduation from an approved educational program for nursing), duties and composition of the (state) board of nursing, scope of practice, grounds for disciplinary action, license renewal and fees, and other regulatory rules

NURSING JURISPRUDENCE

A branch of law which deals with the study of nursing laws, lawsuits, liabilities, legal principles, rules and regulations, case laws and doctrines affecting the nursing practice

BETWEEN RIGHT AND RESPONSIBILITY

Take note that responsibility is the obligation associated with a right

BETWEEN RIGHT AND DUTY

Remember that duty is the obligatory tasks, conduct service, or function that arise from one’s position and also this may rise from a right

BETWEEN POWER AND AUTHORITY

Take note that power is necessary for authority

• Natural Rights

• Human Rights

Different Rights of Man:

NATURAL RIGHTS

Dictated by nature and not by state (government laws are not needed to exercise these rights)

NATURAL RIGHTS

it is natural for humans to exercise the right to life, liberty, property, freedom of movement, and to defend themselves against those who would harm, enslave, or attempt to kill them

HUMAN RIGHTS

• The essence of being human

• Human beings possess certain qualities that determine their humanity: Basic needs, Being Rational, Freedom and Mobility, Social Being

• Inherent

• Universal

• Inalienable

• Indivisible

• Interrelated and interdependent

Principles of Human Rights:

Inherent

• Human rights are innate, natural and inborn in every person

• These are not granted by any authority

Universal

There is a quality and it is non discriminatory

Universal

All human rights equally belong to every human being regardless of sex, age, economic status, ethnicity, religion, and others

Universal

Every human being is entitled to the same rights

Indivisible

All human rights like civil, political, economic, social and cultural are co-equal and equally important

Indivisible

They are entitlements to a totality of conditions a person must have in order to be human and thus cannot be divided into parts

Interrelated and interdependent

Human rights are mutually dependent. There exists a reciprocal relationship among human rights

Interrelated and interdependent

The enjoyment of one right is often dependent on the enjoyment of other rights. Likewise, when one is violated or deprived, other rights are compromised as well

• Constitutional

• Alienable and Inalienable

• Right of Jurisdiction

• Juridical and Non-juridical

Aspects of Human Rights:

• Civil Rights

• Political Rights

• Socio-Economic and Cultural Rights

Constitutional:

CONSTITUTIONAL

A right is considered constitutional when it is based on the constitutional law

CONSTITUTIONAL

Constitutional law: the body of rules, doctrines, and practices that govern the operation of political communities

CIVIL RIGHTS

Rights which the law accords to private individuals for the purpose of securing enjoyment for their means and happiness

POLITICAL RIGHTS

Rights which enable the individual to participate (directly or indirectly) in running the affairs of the government

SOCIO-ECONOMIC AND CULTURAL RIGHTS

Rights which the law confers upon the people to enable them to achieve social and economic development, thereby ensuring their well-being, happiness and financial security

SOCIO-ECONOMIC AND CULTURAL RIGHTS

Rights that ensure the well-being of individuals and foster the preservation, enrichment and dynamic evolution of national culture based on principle of unity in diversity in a clinate of free artistic and intellectual expression

INALIENABLE RIGHTS

Rights that are not transferrable or capable of being taken away or nulliified

ALIENABLE RIGHTS

Rights that are transferrable

RIGHT OF JURISDICTION

This refers to the right of a legal or political agency to exercise its authority over a person, subject matter, or territory

JURIDICAL RIGHTS

• This pertains to the administration of justice

• These are the rights that are based on the law

• It is a right which must be respected, allowed, fulfilled as a matter of strict justice

NON-JURIDICAL RIGHTS

• based on virtue rather than strict justice

• such right is very often founded upon the virtue of charity

PHILIPPINE NURSING CODE OF ETHICS

This code of ethics was adopted under Republic Act 9173 and promulgated by the Board of Nursing under Resolution No. 220 Series of 2004 last July 14, 2004

• Health as the Priority

• Responsibility

• Desire for Respect and Confidence

PREAMBLE (Article I):

Health as the Priority

• Health is considered a fundamental right of every individual

• The nurse believing in the worth and dignity of each human being recognizes the primary responsibility to preserve health at all cost

Responsibility (Nursing Code of Ethics)

• Registered nurses have to gain knowledge and understanding of man’s cultural, social, spiritual, psychological, and ecological aspects of illness utilizing a therapeutic process

• This responsibility encompasses the promotion of health, prevention of illness, alleviation of suffering, and the restoration of health

Desire for Respect and Confidence

• This applies to the clients, colleagues, coworkers, and the members of the community

• Having this kind of desire, nurses provide the insentive to attain and maintain the highest possible degree of ethical conduct

1. Nurses and People (Article II)

2. Nurses and Practice (Article III)

3. Nurses and Co-workers (Article IV)

4. Nurses and the Profession (Article VI)

FOUR PRINCIPAL ELEMENTS:

Nurses and People (Article II)

a.) Consider individuality and totality of patients when administering care

b.) Respect spiritual beliefs and practices

c.) Uphold rights of individuals regardless of race and socio-economic status

d.) Consider culture and values of patients

Nurses and Practice (Article III)

a.) Know by heart the definition and scope of nursing practice

b.) Aware of their duties and responsibilities

c.) Acquire and develop necessary characteristics

d.) Insure the principles of safe nursing practice

e.) Ensure confidentiality of patients’ records

Nurses and Co-workers (Article IV)

a.) Maintain professional role and identity

b.) Conform with group activities

c.) Contribute to professional growth and development of other members of HCT

d.) Participate in professional organizations

e.) Respect rights of co-workers

Nurses and the Profession (Article VI)

a.) Be members of accredited professional organization

b.) Adhere to the nursing standards

c.) Participate in growth and development of the nursing profession

d.) Assert the implementation of labor and work standards

The International Council of Nurses (ICN)

An organization through which nurses all over the world collaborate in strengthening nursing service, nursing education and professional ethics

The International Council of Nurses (ICN)

It is composed of national nursing association from each member-country

The International Council of Nurses (ICN)

Its objective is to provide a medium through which national nurses associations may share their common interests

THE NIGHTINGALE PLEDGE

• remains as one of the significant aspect of nursing history

• a Hippocratic oath or a statement that nurses utter in order to prove their sincerity with their profession

THE NIGHTINGALE PLEDGE

Nurses undertake promise in front of the experienced practitioners that they would abide by the rules and regulations of nursing care

THE NIGHTINGALE PLEDGE

• By taking the Pledge, nurses confirm that they will avoid any act that would be mischievous

• For its rational, its implementation serves as an honorable oath for the nurses to make sure that the ideal nurse is created in front of all so that they can follow the ethical grounds of the field of nursing

RIGHTS OF PATIENTS

• This is also known as the Patients’ Bill of Rights

• This is based from the Philippine Department of Health (DOH)

• RIGHT TO LIFE

• RIGHT TO APPROPRIATE MEDICAL CARE AND HUMANE TREATMENT

• RIGHT TO INFORMED CONSENT

• RIGHT TO PRIVACY AND CONFIDENTIALITY

• RIGHT TO INFORMATION

• RIGHT TO CHOOSE HEALTHCARE PROVIDER AND FACILITY

• RIGHT TO SELF DETERMINATION

• RIGHT TO RELIGIOUS BELIEF

• RIGHT TO MEDICAL RECORDS

• RIGHT TO LEAVE

• RIGHT TO REFUSE TREATMENT AND MEDICAL CARE

RIGHTS OF PATIENTS:

RIGHT TO LIFE

• This means that nobody including the government can try to end your life

• It also means that the government as well as the private sectors should take appropriate measures to safeguard life by making laws to protect you and in some circumstances, taking steps to protect and save you if your life is at risk

RIGHT TO APPROPRIATE MEDICAL CARE AND HUMANE TREATMENT

• Every person has a right to health and medical care corresponding to his state of health without any discrimination and within the limits of the resources, manpower, and competence available for health on medical care at the relevant time

RIGHT TO INFORMED CONSENT

• The patient has a right to a clear, truthful, and substantial explanation any manner and language understandable to the patient of all proposed procedures whether diagnostic, preventive, curative, rehabilitative, or therapeutic

• The person who will perform the said procedure shall provide his name and credentials to the patient as well as the possibilities of any risk of mortality or serious side effects, problems related to recuperation, and probability of success and reasonable risks involved

RIGHT TO PRIVACY AND CONFIDENTIALITY

• The privacy of the patients must be assured in all stages of the treatment

• The patient has the right to be free from unwarranted public exposure

RIGHT TO INFORMATION

• In the course of the patient’s treatment and hospital care, the patient or his/her legal guardian has the right to be informed of the result of the evaluation on the nature and extent of the patient’s disease and other vital information

RIGHT TO CHOOSE HEALTHCARE PROVIDER AND FACILITY

• The patient is free to choose the healthcare provider to serve him/her as well as the facility except when the patient is under the care of his service facility or when the public health and safety so demands, or when the patient expressly waives this right in writing

RIGHT TO SELF DETERMINATION

• The patient has the right to avail himself/herself of any recommended diagnostic and treatment procedures

• Any person of legal age and of sound mind may make an advance written directive for physicians to administer care when the patient suffers from a terminal condition

RIGHT TO RELIGIOUS BELIEF

• The patient has the right to refuse medical treatment or procedures which may be contrary to his/her religious beliefs subject to the limitations that may affect his or her condition

RIGHT TO MEDICAL RECORDS

• The patient is entitled to a summary of his/her medical history and condition

• The patient has the right to view the contents of the medical records except for psychiatric notes and other incriminatory information obtained about third parties with the attending physician explaining its contents

RIGHT TO LEAVE

• The patient has the right to leave the hospital or any other healthcare institution regardless of his/her physical condition

RIGHT TO REFUSE TREATMENT AND MEDICAL CARE

• The patient has the right to make decisions about the plan of care prior to and during the course of treatment and to refuse a recommended treatment to the extent permitted by law and hospital policy

• Patients are also need to be informed of the medical consequences of this action

• In case of such refusal, the patient is entitled to other appropriate care and services within the same hospital or they may choose to transfer to another institution

RIGHTS OF NURSES

• This is also known as the Nurses’ Bill of Rights

• Registered nurses promote and restore health, prevent illness, and protect the people entrusted to their care

• To maximize the contributions that nurses make to society, it is necessary to protect the dignity and autonomy of nurses in the workplace

REPUBLIC ACT 9173 The Philippine Nursing Act of 2002

• An act providing for a more responsive nursing profession, repealing for the purpose of R.A. 7164, otherwise known as “The Philippine Nursing Act of 1991” and for other purposes

• R.A. 9173 declares the State or Government to assume responsibility for the protection and improvement of the nursing profession by instituting measures that will result in relevant nursing education, human working conditions, better career prospects and a dignified existence for nurses

• This law also ensures a guarantee of the delivery of quality basic health services through an adequate nursing personnel system throughout the country

BOARD OF NURSING Resolution No. 425 Series of 2003

• Also known as the “Rules and Regulations Implementing the Philippine Nursing Act of 2002”, referred to in short as IRR

• Mandates the Professional Regulatory Board of Nursing, hereinafter referred to as the Board, and the Professional Regulation Commission, in coordination with the Accredited Professional Organization (APO), the Department of Health (DOH), the Department of Budget and Management (DBM), and other concerned government agencies to formulate the necessary rules and regulations that will effectively implement the provisions of Republic Act 9173

REPUBLIC ACT 10912

Also known as the “Continuing Professional Development Act of 2016”

REPUBLIC ACT 10912

It is hereby declared the policy of the state to promote and upgrade the practice of professions in the country

PHILIPPINE NURSES ASSOCIATION (PNA)

• The PNA was organized on October 22, 1922 upon the initiation of Mrs. Anastacia Giron-Tupas

• Its first president was Mrs. Rosario Delgado. It was then called the “Filipino Nurses Association” and its journal, “The Filipino Nurse”. Now, its journal is called “The Philippine Journal of Nursing”

NATIONAL LEAGUE OF PHILIPPINE GOVERNMENT NURSES (NLPGN)

• a dully incorporated organization or professional nurses employed by the government of the Philippines

• Formerly known as the “Department of Health National League of Nurses” (DHNLN)

• It was founded on January 16, 1961 by Annie Sand, the nursing consultant of the department of health and several chief nurses of government hospitals in Metro Manila

ASSOCIATION OF NURSING SERVICE ADMINISTRATORS OF THE PHILIPPINES INC.(ANSAP)

• was founded in 1963 at St. Luke’s Hospital by group of private and public nursing service administrators

• Its first president was Mrs. Rosita A. Furia, a former chief nurse of the Quirino Memorial Medical Center in Quezon City

• It was reorganized ten years later in 1973 with Dr. Perla Sanchez as its president

• Together with the objectives listed below, the ANSAP also envisions a cohesive and proactive professional association committed to excellence in nursing

CCUPATIONAL HEALTH NURSES ASSOCIATION OF THE PHILIPPINES (OHNAP)

• The industrial nursing unit of the Philippine Nurses Association was organized on November 21, 1950 through the initiative of Mrs. Magdalena Valenzuela of the DOH

• Together with the association’s objectives, its main purpose is to promote friendship and to organize nurses in industrial and commercial enterprises into an industrial nursing unit

• This unit was renamed the “Occupational Health Nurses Association of the Philippine” on September 20, 1969

OPERATING ROOM NURSES ASSOCIATION OF THE PHILIPPINES (ORNAP)

• Also known as the “Peri Operative Registered Nurses Association of the Philippines Inc.”

• This association is composed of professional nurses working in the operating rooms of the different hospitals in the Philippines

PSYCHIATRIC NURSING SPECIALISTS FOUNDATION OF THE PHILIPPINES (PNSI)

• views mental health and illness as states of adaptation used by the individuals in coping with the circumstances in life

• It also adheres to the goals of psychiatric care which is to affect improvement in the individual’s competence in living with himself and others

• Through the use of full potential of each individual for a full and happy life, the ultimate aim of psychiatric mental health can be achieved

Philippine Association of Public Health Nursing Faculty

Dedicated to the maintenance of high standards of objectives to standardize and broaden instruction in public health nursing

Private Duty Nurses Association of the Philippines

This is a group which greatly fosters importance on private duty nurses particularly under rates and qualifications

Association of Deans of Philippine Colleges of Nursing in the Philippines (ADPCN)

Its main purpose is to promote, elevate and maintain the standards of clinical instruction program of nursing students and to improve nursing service and facilities of the clinical field in hospitals and public health agencies

Military Nurses Association of the Philippines (MNAP)

This association was established to provide a medium for active, inactive, and retired nurses and core officers of the armed forces of the Philippines wherein they can express their ideas and aspirations to better serve the country