Nursing Jurisprudence

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NURSING
JURISPRUDENCE
(RA 9173)
The Evolution of Nursing Law
ACT NO. 2493=MEDICAL ACT OF 1915
* PROVIDES FOR EXAMINATION AND
REGISTRATION OF NURSES

 ACT NO. 2808= ( 1919 )
 FIRST NURSING LAW OR ORGANIC ACT IN NURSING
 1919=CREATION OF THREE MEMBER BOARD OF
EXAMINERS FOR NURSES
 1920= IST BOARD EXAMS FOR NURSES
 AMENDMENTS TO ACT NO. 2808:
 ACT_______________ and ACT_________________

2. RA 877 = PHILIPPINE NURSING ACT OF
1953
AMENDMENTS TO RA 877:
RA 4704
RA 6136
3. RA 7164= PHILIPPINE NURSING ACT OF
1991
* BOARD MEMBERS TO 5
* UPPER 40% FOR FRESHMEN
* REFRESHER COURSE
* EXPANDS ROLE OF NURSES
* PROVIDED INTRAVENOUS THERAPY
TRAINING ( intravenous practice without
doctor’s supervision)
THE CURRENT NURSING LAW
RA 9173
THE PHILIPPINE NURSING ACT OF 2002
AUTHORS: CONG. CARLOS PADILLA
SEN . JUAN FLAVIER
HOUSE BILL 1084 (10-15-02)
SENATE BILL 2292 ( 10-08-02)
 SIGNED INTO LAW OCTOBER 21,2002
COMPOSITION OF RA 9173
 9 ARTICLES
 41 SECTIONS
 BOARD RESOLUTION _____________IMPLEMENTING
RULES AND REGULATIONS (IRR) of RA 9173
 ARTICLES AT GLANCE
 I- TITLE
 II-DECLARATION OF POLICY
 III-ORGANIZATION OF THE BOARD OF NURSING
 IV-EXAMINATION AND REGISTRATION
 V-NURSING EDUCATION
 VI-NURSING PRACTICE
 VII-HEALTH HUMAN RESOURCE PRODUCTION,UTILIZATION
AND DEVELOPMENT
 VIII- PENAL AND MISCELLANEOUS PROVISIONS
 IX-FINAL PROVISIONS

 SUBSTANTIVE PROVISIONS
 ARTICLE I = TITLE
 ARTICLE II= DECLARATION OF POLICY
 POLICIES OF THE STATE CONCERNING WELFARE
OF NURSES
 FOUR MEASURES FOR THE PROTECTION AND
IMPROVEMENT OF NURSING:
 1. RELEVANT NURSING EDUCATION
 2. HUMANE WORKING CONDITIONS
 3. BETTER CAREER PROSPECTS
 4. DIGNIFIED EXISTENCE FOR FILIPINO NURSES

ARTICLE III: THE BOARD OF NURSING

Composition and Organizational Chart

BEFORE LEAKAGE AFTER LEAKAGE
PRESIDENT OF THE PHILIPPINES PRESIDENT OF THE PHILIPPINES
I I
PRC DOLE
I I
PROFESSIONAL REGULATORY BOARDS PRC
( BOARD OF NURSING) I
PROFESSIONAL REGULATORY
BOARDS
(BOARD OF NURSING)
BOARD OF NURSING

 COMPOSITION: ___________CHAIRPERSON
___________ MEMBERS TOTAL:___________________
 EXECUTIVE ORDER 496, SERIES OF 1991
( PROVIDES FOR SELECTION POLICIES )
 STAGES FOR SELECTION:
A. NOMINATION _______Number of Nominees ____________________ nominating body
B. RECOMMENDATION_____Number of Recommendees_______________recommending body
C. APPOINTMENT__________Number of Appointees___________________appointing authority

TYPES OF APPOINTMENT:
A. REGULAR
B. AD-INTERIM OR TEMPORARY
C. HOLD-OVER DOCTRINE
QUALIFICATIONS OF BOARD MEMBERS

( Civil Service Doctrine – Merit and Fitness = ____________________________)
Criteria:
CR=
R=
T=
M=
M=
M=
CR – CITIZEN (NATURAL BORN), RESIDENT
R- RN
T- TEN YEARS OF PRACTICE LAST 5 PHILS.
M- MASTERS ( CHAIRMAN + 3)
M-MEMBER APO
M- MORALLY UPRIGHT

THREE AREAS OF NURSING TO BE
REPRESENTED IN THE BOARD OF NURSING:

A. E-
B. S-
C. C-
PROHIBITIONS:
A. FORBIDDEN OFFICE
B. INCOMPATIBLE OFFICE
TERM OF OFFICE VS. TENURE OF OFFICE


COMPENSATION= DOCTRINE OF QUANTUM
MERUIT_______________________________
______

ADMINISTRATIVE SUPERVISION OF BON BY
_____________
PRC AS CUSTODIAN OF BON RECORDS
PROVISION OF SECRETARIAT AND SUPPORT
SERVICES

POWERS AND DUTIES of the BON:
MINISTERIAL ( mandatory )
DISCRETIONARY
MINISTERIAL:
ADMINISTRATIVE
QUASI-JUDICIAL
QUASI-LEGISLATIVE
ADMINISTRATIVE POWERS AND
DUTIES/EXECUTIVE FUNCTIONS

1.R=
2.C=
3. I=
4. M=
5. E=
6. R=
QUASI-JUDICIAL POWERS AND DUTIES:

1. C=
2. I=

QUASI-LEGISLATIVE POWERS:

1. P=
2. P=

REMOVAL AND SUSPENSION OF BON:
C=
U=
C=

Three grounds for the removal and
suspension of the Board of Nursing
C CONVICTION

U
UNPROFESSIONAL,IMMORAL,UNETHICAL

C COMMISSION/TOLERATION
IRREGULARITIES IN THE BOARD EXAMS

POWER TO REMOVE AND SUSPEND:
(PRESIDENT OF THE PHILIPPINES)
REQUIREMENTS OF DUE PROCESS MUST BE
OBSERVED
DUE PROCESS:
SUBSTANTIVE
PROCEDURAL
A) NOTICE
B) HEARING
ARTICLE IV- EXAMINATION AND
REGISTRATION OF NURSES
 LICENSURE: > EXAMINATION > SPECIAL OR
> RECIPROCITY TEMPORARY
> ENDORSEMENT PERMIT
PRC MODERNIZATION ACT 2000
( RA 8981 )
QUALIFICATIONS FOR EXAMS:
1. C=
2. M=
3. B=
SCOPE OF EXAMINATIONS

 New Test Framework starting June,2006
Licensure examinations
 New Label= The PNLE= Philippine Nurse
Licensure Examinations
Board Resolution 112, series of 2005:
Competency Standards for the Philippine
Nurse Licensure Examinations (PNLE)
11 Key Areas of Nursing Responsibilities
Who determines the scope of PNLE?
_______________________
Factors Considered in Determining the
Scope of PNLE:
 1. O=
 2. B=
 3. O=

RATINGS IN THE BOARD EXAMINATIONS
 PASSED_________________________________________________
 CONDITIONED____________________________________________
 FAILED___________________________________________________
 > Is there a requirement for refresher Course?_______________________
 > Is there a limitation in the number of board attempts?________________
 > Removal for the Conditioned must be taken within ___________ period
after last examination failed
 >Rating for removal is ______________

 OATH OF OFFICE= requirement prior to entering the nursing practice
 Persons who can administer oath of office:
 1. ______________________
 2.______________________
 3.______________________
 Meaning of
registration_____________________________________________________
 Two documents issued to successful examinees:
 1.___________________________________ and
2._________________________________

Contents of Certificate of Registration:
 > f=
 > s=
 > s=
 > s=
 > o=
 > o=


Contents of Professional Identification
Card:
 > s______________________
 > d______________________
 > l_______________________
 > d_______________________
 > d_______________________

Registration by Reciprocity
 REQUIREMENTS:
 1. S-________________________________________________
 2. S-________________________________________________
Who May be Given SPECIAL OR TEMPORARY
PERMIT to practice Nursing: ( LICENSED IN
COUNTRY OF ORIGIN)
1. I=
2. M=
3. E=

GROUNDS FOR NON-REGISTRATION AND NON-
ISSUANCE OF LICENSE:

1. C=
2. G=
3. D=

Vested power of: _____________________
 REVOCATION______________________ AND
SUSPENSION_________________ OF LICENSE:
 1. CONVICTION
 2. INSANITY
 3. UNPROFESSIONAL UNETHICAL CONDUCT
 4. GROSS INCOMPETENCE/ SERIOUS
 IGNORANCE
 5. MALPRACTICE/NEGLIGENCE
 6. FRAUD ,DECEIT, FALSE STATEMENTS TO OBTAIN
LICENSE
 6. VIOLATIONS OF RA 9173,IRR,CODE OF ETHICS ETC,
 7. PRACTICE WHILE ON SUSPENSION

 SUSPENSION SHALL NOT BE MORE THAN _____________YEARS
 GROUNDS FOR REISSUANCE OF REVOKED OR SUSPENDED CERTIFICATES
 AFTER 4 YEARS
 EQUITY AND JUSTICE
 CAUSE HAS BEEN CURED OR CORRECTED
 PROPER APPLICATION
 PAYMENT OF REQUIRED FEES

ARTICLE V
 NURSING EDUCATION
 > SOUND GENERAL AND PROFESSIONAL
FOUNDATION
 > RLE SHALL ADHERE TO_____________
POLICIES AND NURSING STANDARDS

REQUIREMENTS FOR INACTIVE NURSES

 (Who are considered INACTIVE?_____________)
 Requisites to return to practice:
 > O=
 > T=
 (O- one month didactic T- three
months practicum)

QUALIFICATIONS OF FACULTY:
R=
O=
M=
M=

QUALIFICATIONS OF DEAN:
R=
F=
M=
M=

ARTICLE VI
NURSING PRACTICE

 singly/collaboration (IFGC)
 Conception-old age
 Independent
practitioner=_______________________________________
_______
 Member of health
team=____________________________________________
___

Scope of Nursing practice under RA
9173:
T- training
T-eaching
H-ealth education
E-establishment of linkages
N-nursing process

Nursing care through Nursing Process:
 > traditional and innovative approach
 > therapeutic use of self
 > executing health care techniques and procedures
 > essential primary health care
 > comfort measures
 > health teachings
 > administration of written prescription for treatment,
therapies, medicines, internal exams

Nursing law does not apply to nursing
students
Observance of code of ethics, standards
and policies of nursing
Competence by continual learning

BASIC QUALIFICATIONS OF STAFF NURSES
B=BSN
R= RN

QUALIFICATIONS OF HEAD
NURSE/SUPERVISOR
R=
T=
M=
M=
QUALIFICATIONS OF CHIEF NURSES IN
SECONDARY/TERTIARY HOSPITALS:
R=
F=
M=
M=

CHIEF NURSES IN MILITARY HOSPITALS:
RFMM + COMPLETION OF GSC
GRACE PERIOD GIVEN TO THOSE WHO
OCCUPIED POSITION BUT ARE NOT
QUALIFIED:
( FIVE YEARS FROM 2003)= 2007-2008

ARTICLE VII

HEALTH HUMAN RESOURCE
PRODUCTION,UTILIZATION;AND
DEVELOPMENT (BON,APO,GO,NGO)
COMPREHENSIVE NURSING SPECIALTY
PROGRAM ( 90 DAYS FROM EFFECTIVITY)
BON,APO,SPO,DOH
AREAS: CRITIRCAL CARE,
ONCOLOGY,RENAL,ETC.

BENEFICIARIES REQUIRED TO SERVE THE
COUNTRY=__________ YEARS CONTINUOUS
SERVICE
COMPREHENSIVE SPECIALTY PROGRAM:
 > NC I > NC II > CNS
10 % OF MANPOWER MUST BE TRAINED
PCSO/PAGCOR BUDGET
DOH TO SET CRITERIA

SALARY FOR PUBLIC HEALTH NURSES:
 > SALARY GRADE _______________
 > ___________________COMPENSATION AND
CLASSIFICATION ACT OF 1989
 > ___________________Local Government
Code
 > ___________________Magna Carta for Public
Health Workers

ARTICLE VIII
 PENAL AND MISCELLANEOUS PROVISIONS
 PENALTY- FINE-= 50-100K
 IMPRISONMENT: 1-6 years or BOTH
 ACTS
PUNISHABLE:________________________________
___ or ______________________________
Acts of Fraudulent Misrepresentation
 L=icense or certification not conferred or without having
been declared exempt from examination in accordance
with the provision of this
 O=obtain a certificate of registration/professional license,
a professional identification card or special permit falsely
 I=invalid certificate of registration/professional license, a
suspended or revoked certificate of
registration/professional license, or an expired or
cancelled special/temporary permits; or
 S=submitsany false evidence to the Board in order to
obtain a certificate of registration/professional license, a
professional identification card or special permit

 F=falsely poses or advertises as a registered and licensed nurse or
uses any other means that tend to convey the impression that he/she
is a registered and licensed nurse
 A=appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered
Nurse) or any similar appendage to his/her name without having been
coferred said degree or registration
 U=undertakes in-service educational programs or who conducts
review classes for both local and foreign examination without
permit/clearance from the Board and the Commission; or
 R=registered and licensed nurse, abets or assists the illegal practice
of a person who is not lawfully qualified to practice nursing
 A= ny person or employer of nurses who violate the minimum base
pay of nurses and the incentives and benefits that should be accorded
them as specified in Sections 32 and 34

AGENCIES WITH DUTY TO ENFORCE
NURSING LAW
 > PRC
 > BON
 > DULY CONSTITUTED OFFICERS OF THE LAW
 >LOCAL GOVERNMENT AUTHORITIES
When can a nurse practice medicine?
1. MD SERVICES NOT AVAILABLE
2. THERE IS
EMERGENCY/CALAMITY
3. AUTHORIZATION FROM DOH SEC.
4. CEASE UPON TERMINATION OF
CALAMITY/EMERGENCY

When can a nurse practice
midwifery?

1. COMPLETE SCRUBS 20
2. PASS THE BOARD EXAMS

CURRENT UPDATES ON THE PROPOSED
REVISION of RA 9173:
 House Bill: HB4567 by Congressman Padilla May 5,
2011
 SB – 2988 Ralph Recto Oct. 10, 2011
 Salient Provisions included in the Revision:
The revisions seek to initiate reforms in Nursing
Practice to further protect and develop the nursing
profession to make nurses responsive to the needs
of the clients and the public and private health
systems locally and globally.

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