CHAPTER 9

CHAPTER 9 MORAL PRINCIPLES

1. The Golden Rule Do unto others what you would like others do unto you

2. The Two-fold Effect- When faced with a situation which may have both bad and good effects. The basis of action:

The action must be morally good The good effect must be willed and the bad effect merely allowed That the good effect must not come from evil action but from initial action itself directly That the good effect must be greater than the bad effect

3. The Principle of Totality The whole is greater than any of its part 4. Epikia Exception to the general rule 5. One who acts through an agent is himself responsible

6. No one is obliged to betray himself/herself 7. The end does not justify the means 8. Defects of nature may be corrected

Examples
Giving increasingly high doses of morphine at

the end of life to relieve suffering, even though this might bring about end of life.
Performing surgery to remove a life-threatening uterine cancer from a pregnant woman may be

permitted, since the action is not evil in itself, even though it may incidentally cause an abortion.

9. If one is willing to cooperate in the act, no injustice is done to him/her 10. A little more or less does not change the substance of an act 11. The greatest good for the greatest number

12. No one is held to the impossible

13. The morality of cooperation Formal cooperation in an evil act is never allowed
14. The principle relating to the origin and destruction of life

The Good Samaritan Law

It has been passed to encourage on the spot

volunteer first aid in emergency situation by person with proper knowledge and skills. Good Samaritan Act is based on the biblical story

CHAPTER 11

What is a Law?
Law is defined as the sum total of rules and regulations by which society is governed. It is

man- made and regulates social conduct in a formal and binding way. It reflects societys needs, attitudes and morals.
It serves as a protection, guiding principle in the practice of our profession. It a rule of civil conduct prescribed by the supreme power in a

state, commanding what is right and prohibiting what is wrong.

Characteristics of Law
It is a rule of human conduct. It is just and obligatory. It is promulgated by a competent

authority. It is of common observance and benefits.

General Classifications of Law

Divine Law authored by God Human/ Positive Law authored by Man

(divided into public or private law)

What is Jurisprudence?
It embraces: All laws enacted by the legislative body. All regulations promulgated by those in authority. Court decisions. Formal principles upon which laws are based.

What is Nursing Jurisprudence?

Defined as the department of law that

comprises all the legal rules and principles affecting the practice of nursing. It includes not only the study but also the interpretation of all these rules and principles and their application in the regulation of the practice of nursing.

It deals with:
All laws, rules and regulations. Legal principles and doctrines governing and

regulating the practice of nursing. Legal opinions and decisions of competent authority in cases involving nursing practice.

Sources of Nursing Jurisprudence in the Philippines:

The sources are the following: 1.The Constitution of the Republic of the Philippines, particularly the Bill of Rights. 2. Republic Act No. 9173 otherwise known as the Philippine Nursing Act of 2002. 3. Rules and regulations promulgated by the Board of Nursing and/or Professional Regulation Commission pertaining to nursing practice.

4. Decisions of the Board of Nursing and/or Professional Regulation Commission on nursing cases. 5. Decisions of the Supreme Court on matters relevant to nursing. 6. Opinions of the Secretary of Justice in like cases. 7. The Revised Penal Code. 8. The New Civil Code of the Philippines. 9. The Revised Rule of Courts. 10. The National Internal Revenue Code as amended.

EVOLUTION OF THE PHILIPPINE NURSING LAW

Act No. 2493 of 1915

The first law that had to do in the practice of nursing Approved on February 5, 1915 A law that regulates the practice of medicine in

the Philippines This act provided for the examination and registration of nurses in the Philippines

Act No. 2808

The 1st true Philippine Nursing Law Approved on March 1, 1919 Also known as The Nursing Law 1920- First board exam in the Philippines

Act No. 4007 Approved on December 5, 1932 Effected on January 1, 1933 The Reorganization of Law 1932 Republic Act No. 465 Approved June 1950 Reorganized all the Board of Examiners and placed them under the supervision of the President of the Philippines

Republic Act No. 6511

Approved on July 1, 1972 Standardized the examination and

registration fees charged by the Examining Boards Amended R.A. 465

Republic Act No. 877 An Act to Regulate the Practice of Nursing in the Philippines, and for other Purposes The Philippine Nursing Law Took effect June 19, 1953 Was the consolidation of all the pertinent provisions of previous enactments. Included: (a.) the organization of the Board of Examiners for Nurses, (b.) provisions regarding nursing schools and colleges, (c.) examination, registration of nurses and, (d.) provisions relative to nursing practice

 Two important section pertained to the need

to registration as a nurse before anyone could practice nursing in the country

Sec 16 and sec 30

 Due to the ever increasing demand from

nursing professionals and other related organizations and for considerations of public policy R.A.877 was further amended

Republic Act No. 4704

An Act to Amend Certain Sections of R.A. No. 877 Known as the Philippine Nursing Law Took effect on June 18, 1966 Amended R.A. 877 4 years after, Congress saw it fit to amend

R.A. 6136

Republic Act No. 6136 An Act Amending Subparagraph 7 of Section 17 of R.A. 877, as Amended, Known as The Philippine Nursing Law Tool effect on August 31, 1970 This amendatory law addressed the need to regulate the application of treatments and medication including the application hypodermic and intramuscular injections Giving injections must have written orders from the doctor IV and other injections may be administered under direction and in presence of a physician The precious order in writing shall not be necessary provided, that the application and execution of such order is made in the presence of a physician This does not apply to nursing students

Republic Act No. 7164

An Act Regulating the Practice of Nursing in the Philippines Philippine Nursing Act of 1991 Approved on November 21, 1991 Repealed, amended and modified all existing laws that are inconsistent Introduced by Sen. Heherson Alvarez

Republic Act No. 9173 An Act Providing for a More Responsive Nursing Profession, Repealing for the Purpose R.A. 7164, otherwise known as The Philippine Nursing Act of 1991

 Senator Juan Flavier sponsored the bill, with

Senators Loren Lgarda-Leviste and Manny Villar as co-authors and co-sponsors Approved on October 21, 2002 Known as Philippine Nursing Act of 2002

 Congress deem it necessary to enact a new

law that will regulate the education, training, examination, registration and practice of the nursing profession Congress took into consideration the (a.) rising enrolment rates, (b.) increase in the number of schools & universities offering nursing courses and (c.) high percentage of nursing graduates leaving the country

Comparative Table of R.A. 7164 & R.A 9173

R.A. 7164

R.A. 9173

Title
Sec. 1 Title, Philippine Sec. 1 Title, Philippine Nursing Act of 1991 Nursing Act of 2002

Composition of the Board

R.A. 7164
Sec. 3 Name and

R.A. 9173
Sec. 3 Creation and

Composition of the Board, there shall be created a Board of Nursing composed of: * a Chairman * 4 members

Composition of the Board, there shall be created a Professional Regulatory Board of Nursing composed of: * a Chairperson * 6 members

 Note: the selection process for both laws are

done by nomination, screening, recommendation and appointment

Qualifications
R.A. 7164 R.A. 9173 Sec. 4
a

Sec. 5 Qualification of

Board Members

Qualifications of the Chairperson and Members of the Board

a.) be a citizen and a resident of the Philippines b.) RN & holder of Masters Degree in Nursing c.) have at least 10 yrs of continuous practice of the profession prior to the appointment d.) not be a holder of a green card or its equivalent

.) be a natural born citizen and resident of the Philippines c.) RN & holder of Masters Degree in Nursing, Education or other allied medical profession d.) have at least 10 yrs of continuous practice of the profession prior to appointment: Provided, however, that the last 5 years of which shall be in the Philippines ** not specified Provided, that the membership to the Board shall represent 3 areas of nursing, namely: nursing education, nursing service & community health nursing

 Note: although not specified, subparagraph

(d) of 7164 is already incorporated in subparagraph (a) of 9173

Powers and Duties of the Board

R.A. 7164 R.A. 9173

Sec. 4 Powers and Duties Sec. 9 Powers and Duties of the Board of the Board e.) The authorization to d The authority to open and close colleges of nursing and/or open colleges of nursing nursing education programs shall shall be based upon the be vested on the Commission on favorable written Higher Education upon the written recommendation of the recommendation of Board both the Board and the f.) Promulgate a Code of Ethics in Department of coordination and consultation Education, Culture and with the accredited professional Sports organization of nurses within 1 year from the effectivity of this Act

 Note: as previously discussed, the Fil. Nurses

Code of Ethics was effected Oct 23, 2003, a year after the effectivity of 9173

Removal
R.A. 7164
Sec. 9 Removal of Board Members The President may remove any member of the Board on the following grounds after giving the member concerned an opportunity to defend himself or herself in a proper administrative investigation to be conducted under the supervision and control of the Department of Justice, upon instruction of the President

R.A. 9173

Sec. 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

Examination Requirements
R.A. 7164
Sec. 13 Qualification of applicants
b.) He or she is at least 18 yrs of age: Provided That any underage applicant who successfully passes the examination shall not be permitted or licensed to practice nursing until he or she shall have reached the age of majority

R.A. 9173
Sec. 13 Qualifications for Admission to the Licensure Examination **not mentioned

Rating in Examination
Sec. 16 Rating in the

R.A. 7164

R.A. 9173

Examination

Sec. 15 Ratings

*Average = 75% *No grade below 60% in any subject If failed: *Must obtain at least 75% on repeated subject *May retake up to 3 times After 3 retakes: *No longer allowed to take unless he/she has under-gone a refresher course

*Average = 75% *No grade below 60% in any subject If failed: *Must obtain at least 75% on repeated subject

Reciprocity
R.A. 7164 Sec. 19 Registration by Reciprocity
Certificates of registration may be issued without examination to nurses registered under the laws of any foreign country

R.A. 9173 Sec 20 Registration by Reciprocity

A certificate of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state or country

Revocation or Suspension of Certificate

R.A. 7164

Sec. 21 Revocation and suspension of Certificate b.) unprofessional/unethical conduct c.) gross incompetence & serious ignorance d.) malpractice or negligence in the practice of nursing

R.A. 9173 Sec. 23 Revocation and Suspension of Certificate of Registration/ Professional License and Cancellation of Special/Temporary Permit b.) unprofessional/unethical conduct c.) gross incompetence & serious ignorance d.) malpractice or negligence in the practice of

R.A. 7164

R.A. 9173
Nursing e.) fraud, deceit, or false statements in obtaining a certificate of registration f.) violation of this Act, Code of Ethics for Nurses, standards & policies of the Board & Commission g.) practicing profession during suspension Provided, suspension shall be for a period not to exceed 4 years

*fraud, deceit, or false statements in obtaining a certificate of registration

Qualification of Faculty Members

R.A. 7164 Sec. 26 Qualifications of the Faculty c.) Have at least 3 years of clinical practice in a field of specialization For the Dean: 3 yrs experience in teaching/supervision in nursing education and preferably a Masters Degree in Administration and Supervision of Nursing Education Programs R.A. 9173

Sec. 27 Qualifications of the Faculty

b.) Have at least 1 year of clinical practice in a field of specialization For the Dean: a Masters Degree in Nursing and must have at least 5 yrs of experience in nursing

Prohibitions
R.A. 7164 Sec. 30 Prohibitions in the Practice of Nursing
A fine of not less than Php10,00.00 nor more than Php40,000.00 or imprisonment of not less than 1 year nor more than 6 years

R.A. 9173 Sec. 35 Prohibitions in the Practice of Nursing

A fine of not less than Php50,00.00 nor more than Php100,000.00 or imprisonment of not less than 1 year nor more than 6 years

RA 9165 Comprehensive Dangerous drug Act of 2002

REPUBLIC ACT NO. 9165 June 7, 2002 AN ACT INSTITUTING THE COMPREHENSIVE

DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

RA 9994 Expanded Senior Citizen Act 2010

AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO SENIOR CITIZENS,

FURTHER AMENDING REPUBLIC ACT NO. 7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"

Mandatory PhilHealth coverage Free medical and dental service, diagnostic and laboratory fees in all government facilities A monthly stipend of P500 For indigents, a P1,500-monthly stipend and free vaccination against the influenza virus and pneumococcal disease A five-percent discount on water bills (if consumption is less than 30 cubic meters a month) and electric bills (if consumption is less than 100 kilowatt-hours) Educational assistance for those who shall meet school admission requirements To avail themselves of benefits, senior citizens should present their passport or other documents establishing their citizenship and age. In case of death, the nearest surviving relative of the deceased senior citizen shall get P2,000