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1
Concept: Republic Act 7160 Local
RA 7877 is not applicable if Government Code of the
there is no superior- Philippines (1992)
subordinate relationship
Mayor is now allowed to
Act of Lasciviousness solemnize marriage.
Touching
Before this, the application of
Rape Philippine Nurses for
Sexual act against will of a government hospitals is done
person at the Department of Health.
Violent Now it is done at the Office of
With penetration (regardless the Local Chief Executive or
of depth) the Mayor
Has two stages:
i. Attempted Republic Act 7164 Nursing Act of
ii. Consummated 1991
There is no frustrated stage A student who intends to take
the board exam must be at
Second Type of Rape least 18 years of age before
A male inserts his organ in he will be allowed to take the
any orifice of the female or board examination for nursing
another male against the will
of the other party. Examples This is not a mandatory law
are oral or anal sex without
consent. He can take the board exam
but he will receive his license
Concept: when he reaches the age of
Three readings are needed majority.
for a bill to become a law.
Republic Act 6809 New Age of
Article 2 Section 3 of the 1987 Majority
Constitution of the Philippines This is now 18 years old.
Protects the mother and the newborn
child Republic Act 6675 Generics Act of
1988
PRIVATE LAW
Examples: Civil Laws Republic Act 7610 Child Abuse
Executive Order 209 Family Code Republic Act 7305 Magna Carta
of the Philippines (August 3, 1988)
Concept:
Marriagable age is 18 years All Presidential Decrees were
old declared during the Marcos
Mayor cannot solemnize time
marriage
2
Republic Acts were created by Nurses can also perform this
the legislative body under the new additions of RA
9173.
Executive Orders and Letters
of Instruction were created by Intestate
the Office of the President Describes a person who died
without a last will and
Presidential Decree 651 – Birth testament
Registration Law
Register baby within 30 days
or 1 month Family Code of the Philippines
Register baby at Local Civil (1988)
Registrar For a marriage to be legal, a
If child delivered is minimum of five persons are
illegitimate, surname of needed:
mother can be used or o solemnizing person
followed o man
Under new law, child of o woman
putative father can use the o two witnesses
father’s surname Without one of these five, the
This is not absolute marriage is considered
There must be prior invalid. Therefore, there are
recognition by the putative no secret marriages.
father.
How??? – by a declaration of Psychological incapacity is
fathership by the putative the most common reason for
father on a piece of paper annulment or legal separation
Concept: Legal Separation
Under the new nursing law, Female continues to carry the
Republic Act 9173 of 2002 – a surname of the husband
nurse can now suture a Marriage bond is not severed
laceration in the perineum There is only separation of
room and board
Condition for such is that the Custody of child belongs to
nurse should first undergo the mother if child is under
special training according to seven (7) years of age
protocol Custody belongs to the father,
if mother is not capable of
Republic Act 7392 New Midwifery financial support
Law of April 10, 1993 Both parties cannot marry
Section 23 states that a again.
midwife can suture lacerations
and can perform internal Annulment
examination in absence of Woman can go back to using
antenatal bleeding her maiden name
3
Male goes back to single Executive Order 51 – Milk Code of
status the Philippines
Both parties can marry again Nurses are not allowed to
Court decides everything. encourage use of any formula
for mother to feed baby with.
Divorce Only allowed if mother is not
Couple decides everything qualified to breastfeed.
and submits to court what has
been agreed upon Presidential Decree 965 –
Responsible Parenthood
Section 26 of Family Code Before you can be issued a
On mixed marriages marriage license, it is a must
A Filipino spouse can re- that you undergo a Family
marry if divorced by a foreign Planning Seminar.
husband or wife. The POPCOM, midwives,
nurses conduct this seminar
Other Laws on Children No one is exempted from this
law.
Republic Act 7610 – Child Abuse
and Exploitation Dura lex Sed lex
Punishes any form of child A latin phrase which means
abuse – physical, sexual, that “the law is always the
psychological law”
Bantay Bata 163 Nobody is exempted from the
Anti-pedophile law to protect law as it applies to all subjects
the children
If child is minor, in order to be Presidential Decree 996 –
brought outside of the Compulsory Immunization Law
Philippines, there must be Target age is eight (8) years
initial clearance with the old and below
Department of Social Welfare Legal basis of Expanded
and Development. Program on Immunization.
4
If a nurse has CSE, he can be Dr. Juan Cabarrus is the first
made a permanent employee. chairman of the Board of
However, with RA 1080, once Nursing in 1919
a nurse passes the board Florence Nightingale is the
examination for nurses, he is Founder of Modern Nursing
exempted from taking the Civil
Service Eligibility 1920 – First Board Examination was
Examination. Passing the given to 93 examinees. 67 passed.
board exam is tantamount to
passing the CSE examination. 1953 – Republic Act 877 – Nursing
Law or Nursing Act of 1953
Presidential Decree 825 Board of Nursing is now
Punishes improper disposal of composed of one (1)
garbage chairman and four (4)
members
Presidential Decree 856 – This is an all nurse team
Sanitation Code of the Philippines No doctors are to be included
in the Board of Nursing
Negligence
Revocation and Suspension 1991 – Republic Act 7164 Nursing
of license of professional Law of 1991
nurses is done by the Board Under this law, if a candidate
of Nursing. fails three times in the board
Board of Nursing has the examination, he is not allowed
right, power and authority to to take the board examination
suspend or revoke a nursing for a fourth time unless he
license goes back to the 4th year (1st
Second in line or second and 2nd semester) as a
choice for revocation or refresher course.
suspension of license if Board Under this law, a student has
of Nursing is not in the list of to belong to the upper 40% of
choices – Professional his graduating high school
Regulatory Commission class in order to qualify for the
PRC was created in 1973 by BSN program.
virtue of Presidential Decree
223. 2002 – Republic Act 9173 Nursing
Law or Nursing Act of October 21,
History of Nursing Law 2002
1919 – Act No. 2808 – True This repeals or changes all of
Nursing Law RA 7164
This Act created the Board of Under this law, there is no
Nursing, which prepares more refresher course
questions for the board A candidate can take the
examination. board examination until he
passes. This is embodied in
section 15 of RA 9173
5
Under this law, the upper 40% Under RA 9173
rule is no longer in effect. Revocation of license is limited to
four years
Concepts: Conditions:
Where do you file an appeal Reason for revocation must
when the Board of Nursing have been cured.
revokes or suspends your Reason for revocation is no
nursing license? longer existing.
File your appeal with the
Professional Regulatory Illegal Dismissal
Commission (PRC) within a Filing of cases of illegal
period of 30 days after dismissal is with Department
suspension or revocation of Labor and Employment
order has been received. This Done when there is lack of
is called the reglementary due process prior to dismissal
period. No lawyer is needed
The Board of Nursing is under If you win the case, there is
the Professional Regulatory back payment of salary and
Commission. reinstatement. Reinstatement
The Professional Regulatory may be in the form of paper
Commission is under the reinstatement or payroll
Office of the President of the reinstatement.
Philippines.
The highest agency for Nurses and Crimes
appealing of suspended or
revoked nursing license is the Court
Office of the President of the Administration of justice is the
Philippines. main function of the court
Agency of the government
Concepts: where justice is administered.
License revocation or
suspension is an Plaintiff
administrative case One of the parties in a case
Civil and criminal cases are Also known as the
appealed in court. complainant
Revocation Accused
Permanent in nature The other party in a case
Invalidation of the license Also known as the respondent
or the defendant
Suspension
Temporary in character Summons
For a fixed period Court order signed by the
judge
Order of the court ordering
accused to answer complaint
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or give a counter-affidavit to Php50K is the minimum
the affidavit of complaint amount of damage to a life of
a person or a murdered
Subpoena person
Order of the court Php30K is the minimum
Summons a witness to testify amount of damage to a raped
individual
Subpoena Duces Tecum
Order of the court for a Appeal
document or record to be A review
presented to the same body. Elevation of a case to a higher
Examples of record is the court or tribunal
chart
A chart is both a scientific and Order of Appeals (from lowest court
a legal document to highest court)
It contains privilege 1) Municipal or Metropolitan Trial
communication wherein only Court
those in direct care of the 2) Regional Trial Court
patient can have access to. 3) Court of Appeals
There is a violation to the right 4) Supreme Court
of privacy of a patient if
someone other than the Due Process of Law
members of the health team Article 3 Section 1 of Philippine
reads the chart. Constitution of 1987
Due Process Clause of the
Two instances of exception to rule Constitution
on not to reveal information on No person shall be deprived
the chart: of his life, liberty, property
in criminal cases without due process of law
consent of the patient (without a trial).
“It hears before it condemns”
Venue There is notice and hearing
Place of hearing or trial before conviction
Trial to be held where case
happened Civil Case
Man versus man
Jurisdiction No imprisonment
Power of the court to hear and With damages
decide a legal controversy
Criminal Case
Damage People of the Philippines
Injury inflicted versus man
With imprisonment
Damages With damages
Amount of money in payment
for injury
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Concept: Accomplice
Profession is for Public Any person who participated
Service in the commission of the
Money is secondary crime by previous or
simultaneous acts
Battery Accessory before the fact.
Touching a patient without his
consent Accessory
Accessory after the fact
Euthanasia If you helped the accused to
Not a crime in the Philippines escape (physically or to
However, it is assumed that it escape liability)
exists in the Philippines and is If you benefited from the
tantamount to murder. product or products of the
crime
Instances when one can make an
arrest without a warrant of arrest: Co-principal
1) Escapee Acts together with the
Done by citizen’s arrest principal
2) If a person is about to commit
a crime Steps in answering board
3) If a person is committing a questions:
crime 1) Identify what is the crime
4) If a person has just committed being asked
a crime 2) Identify characters in the
crime
Arbitrary Detention 3) When did this person
participate in the crime.
Arbitrary Arrest 4) If person participated during
Done by the police the crime, he is the principal
5) If person participated before
Illegal Detention the crime, he is the
Also called false accomplice
imprisonment 6) If the person participated after
Nurse or owner of the hospital the crime, he is the accessory
prevents patient from moving
out of the hospital due to non- Concept:
payment. Ultimate Goal of the Nurse in
Nursing Ethics – Preservation
Persons Liable to a Crime or of Health or Life at all Costs!!!
Classification of Criminals
Fields of Nursing Practice
Principal (Benzon)
Any person who actually or Institutional or Hospital
directly committed the crime Nursing
Has the highest penalty
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i. Biggest field of nursing
practice
ii. Curative Nursing
Community / Public Health Important Persons in the History
Nursing of Nursing:
i. Preventive
nursing Elvigia Mendoza
Private Duty Nursing First Brigadier General Nurse
i. One to one care in the Armed Forces of the
School Nursing Philippines
i. Help of students
and faculty Ruth Padilla
Nursing Education President of the Philippine
i. Teaching BSN curriculum Nurses Association
Military Nursing
i. First rank is Second Dr. Juan Cabarrus
Lieutenant First chairman of the Board of
ii. Qualifications: Nursing in 1953
1. Height for
males is 5feet 4 inches Florence Nightingale
2. Height for Lady with a Lamp
females if 5 feet 2 inches Founder of Modern Nursing
3. Must be
single and never Eufemia Octaviano
delivered a baby before Current chairman of the Board
4. With of Nursing
pleasing personality
5. With a Concept:
rating of 80% in the Philippine Nursing Association
board examination membership is VOLUNTARY.
Clinic Nursing However, in real life, it is
Company / Industrial COMPULSORY!!!
Nursing
Independent Nursing Concept:
Practice Under the Nursing Act of 1991
i. Newest field of RA 7164
nursing practice o Board of Nursing is
composed of one (1)
Concept: chairman and four (4)
Oath taking members
Last official act before you can o Therefore, five (5)
practice your profession as a people compose the
nurse Board of Nursing
This is conducted by the
Board of Nursing.
9
Under the New Nursing Act of
2002 RA 9173
o Board of Nursing is
composed of one (1) Republic Act 1612 – Privilege Tax
chairman and six (6) Law
members Every professional is required
o Therefore, seven (7) to pay professional tax of
people compose the Php300 per year on or before
Board of Nursing January 31 of each year.
Nurses are included here
Republic Act 9165 of June 17, Payable by private sector
2002 – Comprehensive Dangerous professionals
Drugs Act of 2002 Government professionals are
Has repealed Republic Act exempted
6425 – Dangerous Drugs Act Pay what you practice even if
of 1972 you hold two or more
professional licenses
Prohibited Drugs Failure to pay is tantamount to
Cannot be prescribed by the tax evasion or crime of
physician omission.
Examples are:
o Amphetamine Concept:
hydrochloride Income Tax deadline is every
o Cocaine and its April 15
derivatives Privilege Tax deadline is every
o Marijuana January 31
o Ecstacy
Crime committed by Dulo
Higher in penalty
Regulated Drugs
Intentional Felony
Prescribed by the physician
Deceit (fraud)
who possesses an S2
With deliberate intent
Narcotics License in a yellow
form
Crime committed by Culpa
Lower in penalty
DDB or Dangerous Drugs Board
Unintentional Felony
of the Philippines
Due to Fault
Involved with policy-making
Negligence – lack of foresight
In charge of programs and
and of prudence
strategies of government in
Malpractice – bad or improper
combating illegal and
practice of profession
prohibited drugs.
Incompetence – lack of
Implementor is the Philippine
knowledge; lack of skills
Drug Enforcement Agency.
Reckless Imprudence
This is the enforcer of
No deliberate intent
policies, programs, strategies
of the DDB of the Philippines
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o Self Defense
Elements of Self
Defense
Somera Case (1928) Unlawful
Homicide through reckless aggression
imprudence Necessity of
Under the law, students are the means
not included in nursing employed
practice Lack of
Penalty imposed on Somera Sufficient
is one (1) year imprisonment provocation of
(reclusion temporal) and the attacker
damages amounting to If one of the
Php1,000. three elements
is lacking, this
Conspiracy becomes
An agreement between two or incomplete self
more persons to commit a defense and it
crime becomes a
All participants in a conspiracy mitigating
are considered as principals circumstance
The act of one is the act of all o Fulfillment of a lawful
There is no accomplice and order or duty
no accessory There is no
criminal liability
Euthanasia for a nurse who
Mercy killing administers a
Considered as “dulo” medication,
Considered as intentional ordered by a
Patient cannot defend himself doctor, which
May be considered due to a kills a patient
conspiracy of the health team
2. Exempting Circumstance
Criminal Liability No criminal liability because
Means imprisonment and the person who committed the
damages or fines crime is exempted.
Examples of Exempting
Circumstances that Affect Circumstance
Criminal Liability o Insane or Imbecile
Insane person
1. Justifying Circumstance lacks
No criminal liability because intelligence, the
the act itself is justified as ability to
reasonable determine what
Examples of Justifying is right or what
Circumstances is wrong.
11
Imbeciles are Because they
morons, idiots, cannot defend
mongoloid, themselves in
people who court
have
abnormalities in Concept:
development Nurse administers correct
who also do not medication to the wrong
possess patient. Nurse immediately
intelligence reports incident to immediate
o Person below nine (9) superior. This is tantamount
years old to a voluntary surrender. This
Lacks becomes a mitigating
intelligence circumstance.
Parents would
pay damages Concept:
o There is force majeure If a rape victim agrees to
Natural calamity marriage with the rapist, this
causes injury erases the crime
12
Crimes a Nurse may Commit:
Parricide
Concept: Killing of your:
There are cases wherein o Father
mitigating and aggravating o Mother
circumstances cancel each o Spouse
other o Child (legitimate or
Some mitigating illegitimate)
circumstances may not be o Ascendant
cancelled (i.e. age) (grandparents)
Commission of a crime during o Descendant
shipwreck is aggravating
(grandchildren)
Collateral relatives are not
Alternative Circumstance
included
Degree of Education
Killing of a brother or a sister
Degree of Intoxication (on
is not considered as parricide.
alcohol or on prohibited drugs
It is considered as either
as defined by RA 9165)
homicide or murder.
Relationship
o In the presence of
Homicide
relationships, cases of No aggravating or qualifying
theft, malicious circumstance
mischief, estafa and Without intention
swindling are mostly Lower penalty
mitigating Penalty is “reclusion temporal”
circumstances. which is equivalent to eleven
(11) years and one (1) day up
Malicious Mischief to seventeen (17) years
Intent to destroy personal Increasing degrees of penalty
property of others. for homicide:
o Presyon Mayor
Concept:
o Reclusion Temporal
All are aggravating
o Reclusion Perpetua
circumstances:
o Seduction o Capital Penalty or
o Abduction Death
o Rape
Murder
o Acts of Lasciviousness
With aggravating or qualifying
if done against own family circumstance
member With intention
Higher penalty
Concept: Reclusion Perpetua or Death
Assisting in a suicide is a penalty
crime
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Infanticide Defamation
Killing of a child younger than Destroying the reputation of a
three (3) days person
Blackening the memory of a
Abortion dead person
Termination of pregnancy by Types of Defamation
fetus, which has reached the o Libel
age of viability Written form of
Expulsion of products of defamation
conception before age of o Slander
viability (fetus can now exist Oral or verbal
independently outside the defamation
womb – 20 weeks) Rumor-
mongering
Simulation of Birth
Fake registration of birth (i.e. Concept:
nurse registers abandoned Trimedia is libel
baby as her own child)
Switching of babies Assault
Destruction of the identity of Attempt or threat to inflict
the child injury
This is a crime against the
civil status of a person Battery
Touching a person or patient
Theft without his consent
Unlawful taking of a personal Doing a procedure to a patient
property of another without without his consent
consent of the owner and with
an intent to gain Illegal Detention
Also called false
Types of Property: imprisonment
Personal Property Prevention of patient from
Property that can be brought moving from one place to
from one place to another another due to inability to pay
the hospital bills.
Real Property
Property that cannot be Perjury
brought from one place to False statement under oath
another
Forgery
Robbery Fake signature
Unlawful taking accompanied
by force upon things or use of Euthanasia
a deadly weapon Mercy Killing
With intimidation
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Physical Injury negligence except the thing
No intent to kill itself
Only inflicting injury There is direct responsibility
May be classified as: Person who inflicts injury is
o Serious Physical Injury guilty of negligence
o Less serious Physical 2. Respondent Superior or
Injury Respondeat Superior
o Slight Physical Injury Latin phrase which means
Has a penalty of “Let the superior answer”
below nine (9) Command responsibility
days of doctrine
confinement Captain of the Ship doctrine
Applies mostly to the doctor
Concept: and the hospital
Frustrated or attempted
homicide has the intention to 3. Force Majeure
kill An “Act of God”
Also called “Viz Major” and
Informed Consent “Fuerza Major”
Let patient understand Natural Calamities:
procedure before getting o Tidal Wave / Tsunami
consent and conducting o Typhoon
procedure o Earthquake
o Volcanic Eruption
Concept:
Allow patient to sign waiver of Concept:
responsibility if he refuses to In the event of Force Majeure,
undergo procedure to protect nurse is exempt from
the nurse, doctor and the negligence. Therefore, Force
hospital against medical Majeure is an exempting
negligence. circumstance!
If the event is not Force
Majeure, the nurse is not
Negligence exempt from negligence (i.e.
Lack of foresight traffic)
Lack of Prudence
Nurse did nothing or nurse did
something improper Last Will and Testament
15
In cases of emergency, Concept:
nurses can prepare this A blind person can make an
document ordinary will.
Write the wishes of the patient The will must be read to him
verbatim twice by the witnesses or by
You are disqualified from the lawyer
inheriting anything if you are a
witness Qualifications of the Testator
Being a witness is voluntary He must possess a sound
mind
Decedent He must be 18 years old and
If a person dies leaving above
behind his property, he is He is not prohibited by the law
generally called a decedent
Concept:
Testator Nuncupative Will
If a person died with a will, he Oral or verbal will
is called a testator Not applicable in the
Philippines
Intestate
If a person died without a will, Joint Will
he is called intestate Will of two or more persons
Not applicable in the
Kinds of Will Philippines
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It mentions the distribution of New Provisions of RA 9173
his property Nurses who fail to practice the
It is signed by the testator nursing profession for the last
Each page is signed by the five (5) years or more shall:
three witnesses and by the Attend a didactic training
testator at the left margin. (lecture) for one (1) month
The three witnesses are listed Undergo three (3) months of
with their corresponding practicum work in a hospital
addresses accredited by the Board of
It is signed by the notary Nursing
public
Additional Concepts under RA
Republic Act 9173 – Nursing Law 9173
of October 21, 2002 Salary
Repealed Republic Act 7164 – The basic salary of a fresh
Nursing Law of 1991 graduate nurse working in the
Main author is Dr. Juan government is SALARY
Flavier GRADE 15
Co-authors are Sen. Manuel
Villar and Sen. Loren Legarda Specialty Program / Courses
Signed into law by President Comprehensive specialty
Gloria Macapagal Arroyo programs of the government
are offered for free.
Concepts: Three areas are:
Philippine Nurses’ Week is o Renal Nursing
last week of October o Oncology Nursing
Mrs. Ruth Padilla is the o Critical Care Nursing
current president of the Source of Funds:
Philippine Nurses’ Association o Philippine Amusement
and Gaming
Differences between RA 9173 and Corporation (PAGCOR)
RA 7164 o Philippine Charity
There is no need for the Sweepstakes Office
refresher course as per RA (PCSO)
9173. The refresher course is Ten percent (10%) of nurses
required in RA 7164. in participating hospitals can
There is no need to belong to avail of these specialty
the upper 40% of your high programs
school graduating class in These specialty programs can
order to take a BSN course as be completed in two (2) years.
per RA 9173. This is needed Once a nurse graduates
under RA 7164. under this specialty program,
he cannot leave the
Philippines for a period of two
(2) years.
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Other Benefits of the Nurse under Professional Adjustment and
RA 9173 Fundamentals of Nursing
Scholarship Grants for Nurses
Free Hospitalization for 1995 – Comprehensive and
nurses and his dependents Integrated Board Examination
(children below age of Questions were introduced
majority – 18 years old)
Current Subjects in the Board
Concept: Examination
Nursing application for Promotive Nursing
immigrant visa is usually Preventive Nursing
approved within one (1) year Curative Nursing A
and eight (8) months. Curative Nursing B
Rehabilitative Nursing
Section 15 of RA 9173 – Rating in
the Board Examination Qualifications of a Candidate for
How to pass the Board Examination the Nursing Board Examination
for Nursing: Good Moral Character
Candidate must have a Filipino Citizenship
general weighted average of (reciprocity is an exception)
75% BS Nursing graduate from a
Candidate must have no school that complies with
grade below 60% in any of the standards of nursing
subjects education recognized by the
proper government entity
Concept:
If candidate has a general Important Concept!
weighted average of 75% or Basis of Nursing Practice is
higher but has a grade below the NURSING PROCESS!!!
60% in one or more of the This is true in any health care
subjects, he will retake setting.
subject/s where he had a
grade below 60% in the next Important Concept!
board examination. The Under RA 9173, nurses can now:
condition is that he must get Do internal examination
75% or higher in this/these Do suturing
subject/s Do intravenous infusion after
undergoing special training
Original Subjects up to 1994
Medical-Surgical Nursing Board of Nursing
Maternal and Child Health Current composition
Psychology and Mental One (1) chairman
Health Six (6) members
Community Health Nursing
and Communicable Diseases
18
Qualifications of the Members of five (5) years of which must
the Board of Nursing under RA be in the Philippines.
9173
1. Must be a natural o Must NOT have been
NATURAL BORN FILIPINO convicted of a crime
CITIZEN (any Filipino citizen that involves MORAL
since birth and who did not do TURPITUDE.
anything to perfect his o Moral Turpitude is an
citizenship) act of vileness. It is
o Under RA 7164, the any crime which is
requirement is that he against justice, honesty
must be a CITIZEN and modesty
AND RESIDENT OF
THE PHILIPPINES The following are DISQUALIFIED
from being members of the Board
Concepts: of Nursing:
Jus Soli Faculty members
Place of birth determines o There is conflict of
citizenship of the person interest
Jus Sanguines o Remedy is to resign
Blood relationship or parental upon appointment
origin determines the Any person who has a
citizenship of the person pecuniary (money) interest in
This is applied in the the college of nursing.
Philippines o This refers to owners
and stockholders of
2. Must be a member in schools of nursing or
GOOD STANDING of the review centers
accredited professional Public or private employment
association of nursing
(Philippine Nurses’ Current Composition of the Board
Association). of Nursing
o This means he must be
an active member of Chairman of the Board:
the PNA. Eufemia Octaviano
19
Term of Office of the Members of Special Powers of the Board of
the Board of Nursing Nursing
Three (3) years Quasijudicial Power of the
Another three (3) years of Board of Nursing
reappointment o Quasi means “just like”
A maximum of six (6) years o Board of Nursing has
“court-like” powers (i.e.
court’s function is to
Concept: interpret the law)
The President of the Republic o Board of Nursing
of the Philippines appoints the issues the following:
members of the Board of Summons
Nursing Subpoenas
Subpoena
Grounds for the Removal of any Duces Tecum
Member of the Board of Nursing Quasilegislative Power of the
Continued neglect of duty and Board of Nursing
incompetence o Board of Nursing has
Toleration and involvement in “senate-like” powers
any irregularity in giving of (i.e. senate’s function is
board examination (i.e. law making)
leakage)
Any unprofessional, Concepts:
dishonorable or immoral Imposition of penalty of one
conduct (1) to six (6) years
imprisonment and Php50K to
Concepts under Section 8 of RA Php100K for practicing
9173 nursing without a nursing
Professional Regulatory license is done by ORDINARY
Commission has COURT. The court can issue
administrative supervision a warrant of arrest.
over the Board of Nursing Board of Nursing has the sole
General Supervision of the right to inspect schools
PRC and the Board of o Its facilities
Nursing belongs to the Office o Its faculty
of the President
o Ratio of Clinical
Instructor to Students
Powers of the Board of Nursing
must not exceed 1:12
under Section 9 of RA 9173
Board of Nursing CANNOT
Conduct licensure
close schools violating laws
examinations
and regulations regarding
Issue, suspend, revoke, re-
nursing schools. The
issue certificate of registration
COMMISSION ON HIGHER
EDUCATION (CHED) has this
power.
20
Under the new nursing law Grounds for Revocation or
(RA 9173), the CHED cannot Suspension of Nursing License
exercise this power without under Section 23 of RA 9173
favorable recommendation Negligence
from the Board of Nursing Unethical Conduct
Board of Nursing administers Incompetence
oath-taking of successful o Lack of skills
board examinees o Lack of knowledge
o Serious ignorance
Important Concepts!
Facio ut des Qualifications of Nursing Faculty
o Means “I do that you under Section 27 of RA 9173
give” All faculty members must be
o It refers to service holders of a Master of Arts in
o It is an implied contract Nursing (M.A.N.) degree
or a contract Must have one (1) year
o It means that experience in the field of
professional nurses are specialization (in contrast to
compensated three years in RA 7164)
Do ut des Must be a registered nurse
o Means “I give that you and a member of the
give” Philippine Nurses’ Association
o It entails reciprocity
Reciprocity is a symbiotic Penal Provisions under Section 35
relationship – a give and take of RA 9173
relationship Practicing without a nursing
Reciprocity is an exchange of license
privileges between two Practicing with expired,
countries revoked, suspended license
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