Overview of Professional Nursing and Legal Framework

PROFESSION

CALLING OR OCCUPATION IN WHICH THE MEMBERS PROFESS TO HAVE ACQUIRED SPECIAL KNOWLEDGE, BY TRAINING OR BY EXPERIENCE OR BY BOTH, SO THAT THEY MAY GUIDE OR ADVICE OR SERVE OTHERS IN THAT SPECIAL FIELD

PROFESSIONAL ADJUSTMENT

THE GROWTH OF THE WHOLE INDIVIDUAL AND DEVELOPMENT OF ALL HIS CAPACITIES - PHYSICAL, MENTAL, EMOTIONAL, SOCIAL AND SPIRITUAL.

PROFESSIONAL CONDUCT

CONDUCT COMFORTABLE TO THE ACCEPTED STANDARDS OF A PROFESSION; BEHAVIOR EXPECTED OF A REPUTABLE MEMBER OF A PROFESSION

PROFESSIONAL NURSE

A PERSON WHO HAS COMPLETED NURSING EDUCATION PROGRAM AND IS LICENSED IN HIS/HER COUNTRY OR STATE TO PRACTICE PROFESSIONAL NURSING

PROFESSIONAL NURSING

PRACTICE OF NURSING AT PROFESSIONAL LEVEL, WITHIN THE SCOPE OF THE PROFESSIONAL SERVICES SPECIFIED BY LAW AS CONSTITUTING PRACTICE OF NURSING, AND PREDICATED ON THE IDEALS OF SERVICE AIMED AT THE PREVENTION OF DISEASES AND CONSERVATION AND PROMOTION OF HEALTH

R.A. 9173 ARTICLE 1 SEC 1

THE ACT SHALL BE KNOWN AS THE "PHILIPPINE NURSING ACT OF 2002"

ARTICLE 2 SEC 2

DECLARATION OF POLICY

ARTICLE 3

ORGANIZATION OF THE BOARD OF NURSING

ARTICLE 3 SEC 3

CREATION AND COMPOSITION OF THE BOARD: ONE CHAIRPERSON, SIX MEMBERS OF THE BOARD

ARTICLE 3 SEC 4

QUALIFICATIONS OF THE CHAIRPERSON OF THE BOARD: FILIPINO CITIZEN, MEMBER OF PNA WITH GOOD STANDING, RN, MASTER'S DEGREE IN NURSING, EDUCATION AND ALLIED MEDICAL PROFESSION, HAS AT LEAST 10 YEARS OF CONTINUOUS PRACTICE OF THE PROFESSION PRIOR TO APPOINTMENT, NOT HAVE BEEN CONVICTED OF ANY OFFENSE INVOLVING MORAL TURPITUDE

ARTICLE 3 SEC 4

QUALIFICATIONS OF THE CHAIRPERSON AND MEMBERS OF THE BOARD: FILIPINO CITIZEN, MEMBER OF PNA WITH GOOD STANDING, RN, MASTER'S DEGREE IN NURSING, EDUCATION AND ALLIED MEDICAL PROFESSION

ARTICLE 3 SEC 5

REQUIREMENTS UPON QUALIFICATION: MEMBER SHALL IMMEDIATELY RESIGN FROM ANY EMPLOYMENT, ANY TEACHING POSITION, SHALL NOT HAVE ANY PECUNIARY INTEREST

ARTICLE 3 SEC 6

TERM OF OFFICE: BON SHALL SERVE FOR A PERIOD OF 3 YEARS

ARTICLE 3 SEC 6

KINDS OF APPOINTMENT: AD INTERIM, HOLD OVER

ARTICLE 3 SEC 7

COMPENSATION OF BON: QUANTUM MERUIT

ARTICLE 3 SEC 8

ADMINISTRATIVE, SUPERVISION OF THE BOARD, CUSTODIAN OF ITS RECORDS, SECRETARIAT AND SUPPORT SERVICES

ARTICLE 3 SEC 9

POWERS AND DUTIES OF THE BOARD: CONDUCT THE LICENSURE EXAM, ISSUE, SUSPEND, REVOKE CERTIFICATIONS OF REGISTRATION FOR THE PRACTICE OF NURSING, MONITOR AND ENFORCE QUALITY STANDARDS OF NURSING PRACTICE IN THE PHILIPPINES, ENSURE QUALITY NURSING EDUCATION, PROMULGATE THE CODE OF ETHICS, QUASI-JUDICIAL POWER, QUASI-LEGISLATIVE, EXECUTIVE POWER

ARTICLE 3 SEC 10

ANNUAL REPORT

ARTICLE 3 SECT 11

REMOVAL OF SUSPENSION OF BON: THE PRESIDENT MAY REMOVE OR SUSPEND ANY MEMBER OF BON FOR NEGLECT OF DUTY OR INCOMPETENCE, COMMISSION OR TOLERATION OF IRREGULARITIES IN THE PNLE, UNPROFESSIONAL, IMMORAL OR DISHONORABLE CONDUCT

ARTICLE 4 SECT 12

LICENSURE EXAMINATION: GIVEN BY BON, PRC ACCORDANCE WITH RA 8981

ARTICLE 4 SECT 13

QUALIFICATIONS FOR ADMISSION TO THE LICENSURE EXAMINATION: FILIPINO CITIZEN, BSN GRADUATE, WITH GOOD MORAL CHARACTER

ARTICLE 4 SECT 14

SCOPE OF EXAMINATION: DETERMINED BY THE BOARD, BOARD SHALL TAKE INTO CONSIDERATION THE OBJECTIVES OF THE NURSING CURRICULUM

ARTICLE 4 SECT 15

RATINGS: GENERAL AVERAGE OF 75%, WITH A RATING NOT BELOW 60% IN ANY SUBJECT

ARTICLE 4 SECT 16

OATH: ALL PASSERS IN THE EXAM SHALL BE REQUIRED TO TAKE AN OATH OF PROFESSION

ARTICLE 4 SECT 17

ISSUANCE OF CERTIFICATE OF REGISTRATION OR PROFESSIONAL LICENSE AND PROFESSIONAL ID CARD: CERTIFICATE OF REGISTRATION SHALL HAVE THE APPLICANTS FULL NAME, SERIAL NUMBER, SIGNATURE OF CHAIRMAN AND OF THE MEMBERS OF THE BOARD AND PRC OFFICIAL SEAL.

Professional ID Card

Shall have the signature of chairperson, date of registration, licensure number, date of issuance, and expiration.

Automatic Registration of Nurses

Ipso facto, license is considered as a privilege or jurisdictional.

Registration by Reciprocity

A process allowing nurses licensed in one jurisdiction to be recognized in another.

Practice through Special or Temporary Permit

Allows nurses to practice under specific conditions without full registration.

Non-registration and Non-issuance of Certificate of Registration

Refers to the absence of a valid certificate for practicing nursing.

Revocation and Suspension of Certificate of Registration

The board shall have the power to revoke or suspend a certificate or license upon various grounds.

Grounds for Revocation

Includes unprofessional and unethical conduct, gross incompetence, malpractice, fraud, and violation of regulations.

Reissuance of Revoked Certificates

After the expiration of a maximum of 4 years, a new certificate of registration or license can be issued.

Nursing Education Program

Shall provide sound general and professional foundation for the practice of nursing and adhere to specific curriculum requirements.

Requirement for Inactive Nurses Returning to Practice

Includes 1 month didactic training and 3 months of practicum.

Qualifications of the Faculty

Must be RN in the Philippines with 1 year clinical experience and a member of good standing of PNA.

Qualifications of the Dean

Must be RN in the Philippines, have at least 5 years of experience in nursing, and a member of good standing of PNA.

Scope of Nursing

A person shall be deemed to be practicing nursing within the meaning of this act, including care during all life stages.

Nursing Care Responsibilities

Includes providing nursing care, establishing linkages, providing health education, and supervising students.

Nursing and Health Human Resources Development Training

Continuing professional development (CPD) and research activities undertaken by nurses.

Qualifications of Nursing Service Administration

Must be RN in the Philippines with at least 2 years experience and a member of good standing of PNA.

Chief Nurse Qualifications

Must have at least 5 years of supervisory experience and a master's degree major in nursing.

RES IPSA LOQUITOR

THE THING SPEAKS FOR ITSELF

RESPONDENT SUPERIOR

THERE MUST BE AN EMPLOYER - EMPLOYEE RELATIONSHIP

CODE OF ETHICS

FUNDAMENTAL RESPONSIBILITY OF A NURSE

FREEDOM OF RELIGION

TWO ASPECTS OF FREEDOM OF RELIGION

FREEDOM TO BELIEVE

ABSOLUTE

FREEDOM TO ACT

RELATIVE

PATIENT'S BILL OF RIGHTS

RIGHT TO APPROPRIATE MEDICAL CARE AND HUMANE

PATIENT'S BILL OF RIGHTS

RIGHT TO MEDICAL RECORDS

PATIENT'S BILL OF RIGHTS

RIGHT TO LEAVE

PATIENT'S BILL OF RIGHTS

RIGHT TO REFUSE PARTICIPATION IN MEDICAL TREATMENT

PATIENT'S BILL OF RIGHTS

RIGHT TO INFORMED CONSENT

PATIENT'S BILL OF RIGHTS

RIGHT TO PRIVACY AND CONFIDENTIALITY

PATIENT'S BILL OF RIGHTS

RIGHT TO INFORMATION

PATIENT'S BILL OF RIGHTS

RIGHT TO CHOOSE HEALTH CARE PROVIDER AND RESEARCH

PATIENT'S BILL OF RIGHTS

RIGHT TO CORRESPONDENCE AND TO RECEIVE VISITOR

PATIENT'S BILL OF RIGHTS

RIGHT TO EXPRESS GRIEVANCES

PATIENT'S BILL OF RIGHTS

RIGHT TO BE INFORMED OF HIS RIGHTS AND OBLIGATION AS A PATIENT

FACILITY

RIGHT TO SELF - DETERMINATION

FACILITY

RIGHT TO RELIGIOUS BELIEF

CONSENT FOR MINORS

PARENTS, GRANDPARENTS, ELDEST SIBLING, RELATIVES, GODPARENTS

CONSENT FOR MARRIED

HUSBAND, CHILDREN

ORDER IN THE COURT

SUBPOENA AND TESTIFICANDUM

ORDER IN THE COURT

SUBPOENA DUCES TECUM

LIBERTY OF ABODE OR TRAVEL

TRAVEL SHALL NOT BE IMPAIRED EXCEPT: UPON THE ORDER OF THE COURT, WHEN THE PUBLIC SAFETY REQUIRES IT

DEFAMATION

SLANDER

TORTS

BATTERY

TORTS

ASSAULT

TORTS

FALSE IMPRISONMENT OR ILLEGAL DETENTION

TORTS

INVASION OF RIGHT TO PRIVACY

TORTS

LIBEL

TORTS

MALPRACTICE

TORTS

NEGLIGENCE

PRIVACY

BREACH OF CONFIDENTIALITY

CONTRACT

ELEMENTS OF VALID CONTRACT: CONSENT MUST FREELY BE GIVEN, COMPETENT PARTIES, LEGAL OBJECTS, VALID CONSIDERATIONS

KINDS OF CONTRACT

FORMAL CONTRACT, INFORMAL CONTRACT, EXPRESSED CONTRACT, IMPLIED CONTRACT

WILL

TESTATOR (MALE) OR TESTATRIX (FEMALE)

WILL

PROBATE

WILL

ESCHEAT

KINDS OF WILL

HOLOGRAPHIC WILL, NOTARIAL OR NUNCAPATIVE OR AUTHENTICATED WILL

KINDS OF SUCCESSION

TESTATE, INTESTATE

LIVING WILL

TWO KINDS: ADVANCED DIRECTIVE, DURABLE POWER OF ATTY.

MORAL TURPITUDE

MURDER, HOMICIDE, ABORTION, INFANTICIDE, PARRICIDE

ETHICAL PRINCIPLES

BENEFICENCE, NON - MALEFICENCE, VERACITY, JUSTICE, FIDELITY, AUTONOMY, ADVOCACY