Nursing Jurisprudence, Philippine Nursing Legislation, and Healthcare Ethics

Comprehensive vocabulary flashcards covering the Philippine Nursing Act of 2002 (RA 9173), healthcare-related legislation, labor law standards, civil contracts, professional negligence, and medicolegal terminology based on the lecture notes.

Law

The total sum of rules and regulations that govern society; a rule of conduct pronounced by a controlling authority and enforceable through legal means.

Authority (Characteristic of Law)

The recognized right or power to declare that a rule exists, such as Congress enacting laws under constitutional authority.

Pronouncement (Characteristic of Law)

The essential attribute requiring that rules must be expressed, their source identifiable, and made known through appropriate legal processes.

Enforceability (Characteristic of Law)

The essential attribute requiring legal power to enforce rules and impose applicable consequences or penalties for violations.

Act No. 2493 of 1915

The first law to address the regulation of nursing practice in the Philippine Islands; primarily regulated medicine but included provisions for nurse examination and registration.

Act No. 2808 of 1919

Known as the First True Nursing Law in the Philippines; created the Board of Examiners for Nurses and led to the first nursing board examination in $1920$.

Presidential Proclamation No. 539, s. 1958

Proclamation issued on October 17, 1958, designating the last week of October as Nurses Week in the Philippines.

Republic Act No. 877 of 1953

Known as the Philippine Nursing Law, approved on June 19, 1953; created a Board of Examiners for Nurses composed of $1$ chairman and $2$ members.

Republic Act No. 7164 of 1991

Known as the Philippine Nursing Act of 1991 (authored by Senator Heherson Alvarez); revised the scope of nursing practice and included unethical conduct as grounds for disciplinary action.

Republic Act No. 9173 of 2002

The current principal nursing legislation known as the Philippine Nursing Act of 2002, approved on October 21, 2002, which repealed RA 7164.

Board of Nursing (BON) Composition

A regulatory board under the Professional Regulation Commission (PRC) composed of $1$ chairperson and $6$ members ($7$ members in total).

BON Appointment Process (3–2–1 Rule)

The statutory appointment flow under Section 3 of RA 9173: $3$ nominees submitted by the APO, $2$ recommendees submitted by the PRC, and $1$ appointee selected by the President of the Philippines per vacancy.

Qualifications of BON Members (Section 4, RA 9173)

Requirements including: natural-born Filipino citizen/resident, APO member in good standing, RN with a master's degree, at least $10$ years continuous practice (last $5$ years in the Philippines), and no conviction involving moral turpitude.

Requirements Upon Qualification to the BON (Section 5, RA 9173)

The mandatory immediate resignation from teaching/review positions, government office, or private sector employment, along with having no pecuniary or administrative interest in BSN or review institutions.

Term of Office of BON Members (Section 6, RA 9173)

Members serve a term of $3$ years with possible reappointment for another term, holding office until successors are appointed and qualified; vacancies are served only for the unexpired portion.

Removal or Suspension of BON Members (Section 11, RA 9173)

Presidential action after administrative investigation based on three grounds: continued neglect of duty or incompetence, commission or toleration of examination irregularities, or unprofessional, immoral, or dishonorable conduct (N-I-C).

Subpoena Ad Testificandum

A court or Board order commanding a person to appear and testify in a legal proceeding.

Subpoena Duces Tecum

A legal order compelling a person to bring and produce specified documents, records, or physical evidence.

Licensure Examination (Section 12, RA 9173)

The mandatory written examination conducted by the Board of Nursing at places and dates designated by the PRC, complying with RA 8981.

Qualifications for Admission to the Licensure Examination (Section 13, RA 9173)

The three statutory prerequisites: Citizenship/reciprocity, Good moral character, and a Bachelor's degree in nursing from a recognized institution (C-G-B).

Licensure Examination Ratings (Section 15, RA 9173)

Passing requirement of a general average of at least $75\%$ with no subject rating below $60\%$. If an examinee scores below $60\%$ in any subject, they repeat only that subject and must obtain at least $75\%$ upon re-examination.

Ipso Facto Registration (Section 19, RA 9173)

The automatic registration by operation of law granted to all nurses whose names already appeared on the official roster upon the effectivity of RA 9173.

Registration by Reciprocity (Section 20, RA 9173)

The issuance of a Philippine nursing certificate of registration without examination to a foreign nurse whose country grants identical privileges to Filipino nurses under substantially equivalent standards.

Special/Temporary Permit (STP) (Section 21, RA 9173)

A temporary authorization issued by the Board to foreign nurses who are internationally recognized experts/specialists, participating in medical missions (free service), or serving as exchange professors (E-M-P).

Grounds for Non-Registration (Section 22, RA 9173)

Mandatory bars to registration: final conviction of an offense involving moral turpitude, guilty of immoral or dishonorable conduct, or declared of unsound mind by a court (C-G-U).

Maximum License Suspension (Section 23, RA 9173)

The statutory limitation providing that suspension of a Certificate of Registration/Professional License shall not exceed $4$ years.

Re-issuance of Revoked Certificate (Section 24, RA 9173)

The potential issuance of a new certificate after a maximum period of $4$ years from revocation, provided proper application, paid fees, reasons of equity/justice, and correction of the cause of revocation.

Inactive Nurses Returning to Practice (Section 26, RA 9173)

Nurses who have not actively practiced for $5$ consecutive years must complete $1$ month of didactic training and $3$ months of practicum in an accredited hospital.

Nursing Faculty Qualifications (Section 27, RA 9173)

Statutory requirements for teaching professional nursing courses: RN in the Philippines, at least $1$ year of clinical practice in a specialization, APO member in good standing, and a master's degree (R-C-A-M).

Nursing Dean Qualifications (Section 27, RA 9173)

Statutory requirements requiring standard faculty qualifications plus a master's degree specifically in nursing and at least $5$ years of nursing experience.

Comprehensive Nursing Specialty Program (Section 31, RA 9173)

A program developed within $90$ days of the Act's effectivity whose beneficiaries are legally obligated to serve continuously in a Philippine hospital for at least $2$ years.

Minimum Base Pay for Public Health Nurses (Section 32, RA 9173)

The statutory minimum monthly base pay mandated for nurses working in public health institutions, set at not lower than Salary Grade $15$ under RA 6758.

Funding for Nursing Specialty Training (Section 33, RA 9173)

The requirement that training for at least $10\%$ of nursing staff in participating government hospitals is funded equally ($50/50$) by PCSO and PAGCOR.

Penalties for Illegal Practice of Nursing (Section 35, RA 9173)

A fine ranging from $\text{₱}50,000$ to $\text{₱}100,000$, imprisonment for $1$ to $6$ years, or both, at the discretion of the court.

Effectivity Period of RA 9173 (Section 41)

The statutory provision stating that the Act takes effect $15$ days after publication in the Official Gazette or in two newspapers of general circulation.

Board of Nursing Resolution No. 425, s. 2003

The official Implementing Rules and Regulations (IRR) of the Philippine Nursing Act of 2002 (RA 9173).

Board of Nursing Resolution No. 38, s. 2016

The modern regulation prescribing new rules on the special training requirement in intravenous (IV) therapy for nurses, repealing BON Resolution No. 08, s. 1994.

Republic Act No. 8981

The PRC Modernization Act of 2000, governing the operations and powers of the Professional Regulation Commission and its regulatory boards.

Republic Act No. 10173

The Data Privacy Act of 2012, protecting personal and sensitive health information and regulating its processing and disclosure.

Republic Act No. 7600

The Rooming-In and Breastfeeding Act of 1992, promoting mother-and-baby bonding through rooming-in and early initiation of breastfeeding.

Republic Act No. 9288

The Newborn Screening Act of 2004, establishing early detection and intervention protocols for specific genetic disorders in newborns.

Executive Order No. 51, s. 1986

Known as the Milk Code; regulates the marketing, distribution, and promotion of breastmilk substitutes and supplements.

Night Shift Differential (Article 86, Labor Code)

An additional compensation premium of at least $10\%$ of an employee's regular wage for every hour worked between 10:00 PM and 6:00 AM.

Overtime Work (Article 87, Labor Code)

Work performed beyond $8$ hours in a day, requiring an additional compensation premium of at least $25\%$ of the regular hourly rate.

Article 88, Labor Code

The statutory labor rule establishing that an employee's undertime on one workday cannot be offset by overtime on another day.

Contract (Article 1305, Civil Code)

A meeting of minds between two or more persons whereby one binds themselves, with respect to the other, to give something or to render some service.

Essential Requisites of a Contract (Article 1318, Civil Code)

The three mandatory legal elements: Consent of the contracting parties, Object certain which is the subject matter, and Cause of the obligation (C-O-C).

Professional Negligence

The failure of a professional to meet the standard of care that a reasonably prudent practitioner in the same field would provide under similar circumstances, causing patient harm.

Elements of Professional Negligence (D-B-F-I)

The four required components: Duty of care, Breach of duty, Foreseeability of harm, and actual Injury resulting from the breach.

Res Ipsa Loquitur

A legal doctrine meaning 'the thing speaks for itself,' allowing negligence to be inferred from the nature of an injury when the instrumentality was under the defendant's control and the event ordinarily does not happen without negligence.

Respondeat Superior

A legal doctrine meaning 'let the master answer,' making an employer legally liable for the negligent acts of employees committed within the scope of their employment.

Force Majeure

An extraordinary, unavoidable event beyond human control (such as an act of God) that prevents the fulfillment of an obligation and may excuse nonperformance.

Incompetence

The demonstrated lack of ability, legal qualification, knowledge, or clinical skill necessary to properly execute required professional responsibilities.

Malpractice

Professional negligence occurring when a licensed practitioner breaches a professional duty through an act or omission, directly causing injury or damage to a patient.

Assault

An intentional act that creates a reasonable apprehension or fear of imminent harmful or offensive contact without requiring actual physical contact.

Battery

Intentional, unauthorized harmful or offensive physical contact with another person, such as performing a medical procedure without valid consent.

False Imprisonment

The unlawful detention or restriction of an individual's personal freedom of movement without legal justification, such as unauthorized restraint use.

Moral Turpitude

An act involving baseness, vileness, or depravity that seriously violates accepted standards of justice, honesty, or good morals (e.g., murder, estafa, falsification, theft).

Perjury

The criminal offense of willfully giving false testimony or making false statements under oath on a material matter.

Privilege Against Self-Incrimination

The constitutional right under Article III, Section 17 protecting an individual from being compelled in any legal proceeding to give testimony that could expose them to criminal liability.

Informed Consent

A communication and authorization process wherein a competent patient freely agrees to an intervention after disclosure of its nature, risks, benefits, and alternatives (D-C-C-V-A).

Advance Directive

A legal instrument (such as a living will or healthcare proxy) documenting an individual's medical treatment preferences or designating a surrogate decision-maker for future incapacity.

Authority (Characteristic of Law)

The recognized right or constitutional power of an entity, such as Congress, to declare that a legal rule exists.

Pronouncement (Characteristic of Law)

The essential legal requirement that rules must be expressed, identifiable, and made publicly known through appropriate legal processes such as official publication.

Enforceability (Characteristic of Law)

The recognized legal power to execute and mandate compliance with rules and impose appropriate penalties or consequences for violations.

Act No. 2493 of 1915

The first law addressing the regulation of nursing practice in the Philippine Islands, primarily regulating medicine while including provisions for nurse examination and registration.

Act No. 2808 of 1919

Known as the First True Nursing Law in the Philippines; it created the Board of Examiners for Nurses and established formal standards for practice and licensure examinations (first held in 1920).

Presidential Proclamation No. 539, s. 1958

A presidential proclamation issued on October 17, 1958, designating the last week of October as Nurses Week in the Philippines.

Republic Act No. 877 of 1953

Known as the Philippine Nursing Law, approved on June 19, 1953; it created a Board of Examiners for Nurses composed of a chairman and two members, governing practice, education, and registration.

Republic Act No. 7164 of 1991

The Philippine Nursing Act of 1991, associated with Senator Heherson Alvarez; it revised the scope of nursing practice, set nursing faculty qualifications, and made unethical conduct a ground for disciplinary action.

Republic Act No. 9173

The Philippine Nursing Act of 2002, approved on October 21, 2002; the current principal law regulating nursing education, licensure, professional practice, and organizational standards in the Philippines.

Continuing Professional Development (CPD)

Ongoing learning and training after graduation and licensure that enables nurses to maintain, update, and improve their knowledge, skills, and competence in response to advancing healthcare practices.

Board of Nursing (BON) Composition (Section 3, RA 9173)

A regulatory board under the PRC consisting of 7 members (1 chairperson and 6 members), appointed by the President from 2 recommendees per vacancy ranked by the PRC out of 3 nominees submitted by the APO.

BON Qualifications (Section 4, RA 9173)

Statutory requirements for BON appointees: natural-born Filipino citizen and resident; APO member in good standing; RN with a master's degree (chairperson and majority must hold a master's degree in nursing); at least 10 years of continuous practice with the last 5 years in the Philippines; and no conviction involving moral turpitude.

Requirements Upon Qualification (Section 5, RA 9173)

The mandatory immediate resignation of an appointed BON member from any BSN teaching position, review center, government office, or private employment, including relinquishing any pecuniary or administrative interest in BSN programs.

Term of Office of BON Members (Section 6, RA 9173)

A term of 3 years with possible reappointment for another 3 years; members serve until successors are appointed and qualified, and vacancy replacements serve only the unexpired portion.

Subpoena ad testificandum

A formal legal writ commanding an individual to appear and give oral testimony before a court or administrative investigating body.

Subpoena duces tecum

A formal legal writ commanding a witness to produce and bring specified documents, medical records, or tangible evidence to a proceeding.

Grounds for Removal or Suspension of BON Members (Section 11, RA 9173)

The three legal grounds for presidential removal or suspension after administrative investigation: continued neglect of duty or incompetence; commission or toleration of irregularities in licensure examinations; and unprofessional, immoral, or dishonorable conduct.

Admission Qualifications for the Licensure Examination (Section 13, RA 9173)

The three statutory criteria to take the NLE (C-G-B): Filipino citizenship or recognized reciprocity; good moral character; and a Bachelor's Degree in Nursing from a government-recognized institution.

Licensure Examination Ratings (Section 15, RA 9173)

The standard requiring a general average of at least $75\%$ with no rating below $60\%$ in any subject; examinees scoring below $60\%$ in any subject must retake that subject within 2 years and obtain at least $75\%$.

Automatic Registration (Section 19, RA 9173)

The transitional clause providing that all nurses whose names already appeared on the official roster were automatically (ipso facto) registered upon the effectivity of RA 9173.

Registration by Reciprocity (Section 20, RA 9173)

The statutory provision allowing a foreign registered nurse to obtain a Philippine license without examination if their country grants the same privileges to Filipino nurses and requires substantially identical licensing standards.

Special/Temporary Permit (Section 21, RA 9173)

A permit issued to licensed foreign nurses limited to three categories (E-M-P): internationally known specialists/experts, participants in free medical missions, and exchange professors in nursing schools.

Grounds for Non-Registration (Section 22, RA 9173)

Mandatory bars to professional licensure (C-G-U): conviction by final judgment of an offense involving moral turpitude, being found guilty of immoral or dishonorable conduct, or a judicial declaration of unsound mind.

Grounds for Revocation and Suspension (Section 23, RA 9173)

The seven legal grounds to revoke or suspend a nursing license (maximum suspension of 4 years): Section 22 causes, unprofessional/unethical conduct, gross incompetence/serious ignorance, malpractice/negligence, fraud/deceit, violation of nursing standards/policies, and practicing while suspended.

Re-issuance After Revocation (Section 24, RA 9173)

The discretionary re-issuance of a revoked nursing license after a maximum period of 4 years, provided there are reasons of equity and justice, proper fees are paid, and the cause for revocation has disappeared or been cured.

Inactive Nurses Returning to Practice (Section 26, RA 9173)

The statutory requirement that a nurse who has not actively practiced for 5 consecutive years must complete 1 month of didactic training and 3 months of practicum in an accredited hospital before resuming practice.

Nursing Faculty Qualifications (Section 27, RA 9173)

The qualifications required to teach professional nursing courses (R-C-A-M): RN in the Philippines, at least 1 year of clinical practice in a specialization, active APO membership in good standing, and a master's degree in nursing, education, or allied health.

Nursing Dean Qualifications (Section 27, RA 9173)

Special requirements to head a nursing college: must meet regular faculty qualifications, hold a master's degree specifically in nursing, and possess at least 5 years of nursing experience.

Comprehensive Nursing Specialty Program (Section 31, RA 9173)

A program formulated within 90 days of the Act to upgrade the competence of specialty nurse clinicians, obligating beneficiaries to render at least 2 continuous years of service in a Philippine hospital.

Minimum Base Pay (Section 32, RA 9173)

The statutory minimum entry-level compensation for nurses working in public health institutions, which must not be lower than Salary Grade 15 under RA 6758.

Specialty Program Funding (Section 33, RA 9173)

The statutory financing mechanism to train at least $10\%$ of nursing staff in participating government hospitals, funded equally ($50/50$) by PCSO and PAGCOR and released to the DOH.

Penalties for Illegal Practice of Nursing (Section 35, RA 9173)

Criminal sanctions for practicing without authority, misusing credentials, operating unapproved review classes, or violating nurse pay: a fine of $₱50,000$ to $₱100,000$, imprisonment for 1 to 6 years, or both.

Effectivity Period of RA 9173 (Section 41)

The statutory timeframe mandating that RA 9173 takes effect 15 days following its publication in the Official Gazette or in two newspapers of general circulation.

Board of Nursing Resolution No. 425, s. 2003

The official Implementing Rules and Regulations (IRR) of the Philippine Nursing Act of 2002 (RA No. 9173).

Board of Nursing Resolution No. 110, s. 1998

The administrative resolution providing the guide to evaluate compliance with standards for safe nursing practice.

Board of Nursing Resolution No. 14, s. 1999

The resolution establishing the Nursing Specialty Certification Program and creating the Nurse Specialty Certification Council.

Board of Nursing Resolution No. 38, s. 2016

The modern regulation prescribing new rules on the special training requirement in intravenous (IV) therapy for nurses, repealing BON Resolution No. 08, s. 1994.

CHED Memorandum Order No. 14, s. 2009

The government issuance prescribing the updated national policies and curriculum standards for the Bachelor of Science in Nursing (BSN) Program.