Nursing Jurisprudence

JOFRED M. MARTINEZ, RN, MAN
NG Review and Training Center, Inc.
Iloilo City, Philippines
ETHICOMORAL/ LEGAL ASPECTSOF HEALTHCARE AND NURSING PRACTICE

PROFESSION
• Is a calling that requires special knowledge, skill and
preparation.
• An occupation that requires advanced knowledge and
skills and that it grows out of society’s needs for special
services.

CHARACTERISTICS OF A PROFESSION
• A basic profession requires an extended education of
its members, as well as a basic liberal foundation.
• A profession has a theoretical body of knowledge
leading to defined skills, abilities and norms.
• A profession provides a specific service.
• Members of a profession have autonomy in decision-
making and practice.
• The profession has a code of ethics for practice.

NURSING
• A discipline involved in the delivery of health care to
the society.
• A helping profession
• Service-oriented to maintain health and well- being of
people.
• An art and a science.

• Has completed a basic nursing education program
a. Two-year associate in Health Science Education (ASHE)
S.Y. 1998-1999
a. Four-year BSN Prototype Curriculum
S.Y. 2008-2009
• Licensed to practice nursing in the country

Qualifications for admission to PNLE
a. He/she is a citizen of the Philippines, or a citizen or
subject of a country which permits Filipino nurses to
practice within its territorial limits;
b. He/she is of good moral character; and
c. He/she is a holder of a Bachelor's Degree in Nursing
from a college or university that complies with the
standards of nursing education duly recognized by the
proper government agency.
Philippine Nursing Act of 2002 ARTICLE IV Examination and Registration

Ratings
• An examinee must obtain a general average of at least
75% with a rating of not below 60% in any subject.
• An examinee who obtains an average rating of 75% or
higher but gets a rating below 60% in any subject must
take the examination again but only in the subject or
subjects where he/she is rated below 60%.

Oath Taking of Nurses
• All successful candidates in the examination shall be
required to take an oath of profession before the
Board or any government official authorized to
administer oaths prior to entering upon the nursing
practice.

Oath Taking of Nurses
Oathtaking can be hosted by the:
• respective schools of the board passers
• PRC Regional Offices in coordination with the
Accredited Professional Organization (APO) provided
that they get clearance from the Board of Nursing and
the Professional Regulation Commission main office.
• individual oath-taking before the Board of Nursing
(BON) or PRC officials

Registration of Nurses
• All nurses whose names appear at the roster of nurses
shall be automatically or ipso facto registered as
nurses under this Act upon its effectivity.

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.
• The requirements for registration or licensing of nurses in said
country are substantially the same as those prescribed under this
Act.
• The laws of such state or country grant the same privileges to
registered nurses of the Philippines on the same basis as the
subjects or citizens of such foreign state or country.
Philippine Nursing Act of 2002 ARTICLEIV Examination and Registration

Non-registration and Non-issuance of Certificates of
Registration/Professional License
• No person convicted by final judgment of any criminal offense
involving moral turpitude or any person guilty of immoral or
dishonorable conduct or any person declared by the court to
be of unsound mind shall be registered and be issued a
certificate of registration/ professional license or a
special/temporary permit.
• The Board shall furnish the applicant a written statement
setting forth the reasons for its actions, which shall be
incorporated in the records of the Board.

Revocation and suspension of Certificate of Registration/
Professional License
a. Unprofessional and unethical conduct;
b. Gross incompetence or serious ignorance;
c. Malpractice or negligence in the practice of nursing;
d. Use of fraud, deceit, or false statements in obtaining a
certificate of registration/professional license;
e. Violation of this Act, Code of Ethics for nurses and
technical standards for nursing practice, policies of the
Board and the Commission; or

Revocation and suspension of Certificate of Registration/
Professional License
f. For practicing his/her profession during his/her
suspension from such practice;
The suspension of the certificate of registration/
professional license shall be for a period not to exceed
four (4) years.

Re-issuance of Revoked Certificates and Replacement of
Lost Certificates
• The Board may, after the expiration of a maximum of 4
years from the date of revocation of a certificate, for
reasons of equity and justice and when the cause for
revocation has disappeared or has been cured and
corrected, upon proper application therefor and the
payment of the required fees, issue another copy of
the certificate of registration/ professional license.

JOFRED M. MARTINEZ, RN, MAN
NG Review and Training Center, Inc.
Iloilo City, Philippines

• Responsibility is the obligation to perform duties, tasks
or roles using sound professional judgement and being
answerable for the decisions made in doing this.
• Accountability is being able to give an account of one’s
nursing judgements, actions and omissions.
Accountability is about maintaining competency and
safeguarding quality patient care outcomes and
standards of the profession, while being answerable to
those who are affected by one’s nursing practice.

ACCOUNTABILITY TO THE CLIENT
• The foremost accountability of the nurse is to the client. You
hold yourself out to the client as someone having the special
knowledge, training and skills associated with nursing.
ACCOUNTABILITY TO THE EMPLOYER
• As an employee you have the responsibility to work within the
scope of employment as defined by the employer.
• You are responsible to know your terms of employment, and to
work within those terms.

ACCOUNTABILITY TO THE PROFESSION
• As a nurse you are accountable to meet the standards
of your profession. These standards may be contained
in the nursing Act itself or in Regulations accompanying
that Act.

NURSING JURISPRUDENCE
NURSING LEGISLATION

TYPES OF LAW ACCORDING TO
SOURCE OF AUTHORITY
✓ Divine Law – laws authored
by God
✓ Human Law – laws authored
by men

TYPES OF HUMAN LAW
PRIVATE OR CIVIL LAW
PUBLIC LAW

PUBLIC LAW – department of law which is
concerned with the state in its political or sovereign
capacity. It is a law that applies generally to people
of the state adopting or enacting it.
✓ Criminal Law – treats the nature, extent and
degree of every crime and adjusts to it the
adequate and necessary penalty.

✓ International Law – the law which regulates the
intercourse of nations
• Public International Law – control the
conduct of independent state in their relation
to each other.
• Private International Law – conflict law

✓ Political Law –Regulates the relation between
the state and individuals that compose it.
• Constitutional Law - law that relates the
constitution, as a permanent system of
political and juridical government, as
distinguished from statutory and common
law, which relate to matters subordinate to
such constitution.

• Administrative Law – the body of rules and
regulations and orders and decisions created
by administrative agencies of government.
• Law of Public Administration
• Law of Public Corporation

✓ Private Law – law that relates the private
matters which do not concern the public at
large
• Civil Law – organizing the family and
regulating property.
• Commercial Law – relates to the rights of
property and the relations of persons
engaged in commerce.

• Remedial Law – methods of enforcing rights
or obtaining redress (correcting the wrong)

THE GOOD SAMARITAN LAW
✓ A nurse, therefore, who renders first aid or
treatment at the scene of an emergency and
who does so within the standard of care, acting
in good faith, is relieved of the consequences of
the act.

PARTIES TO A CASE
✓ Complainant VS Defendant: CIVIL CASE
✓ Plaintiff VS Accused: CRIMINAL CASE
WITNESS
✓ an individual held upon to give necessary details either
for the accused or against the accused

STATUTE OF LIMITATIONS
✓ Refers to the length of time
following the event during which
the plaintiff may file a suit.
DUE PROCESS
✓ A fair and orderly process which
aims to protect and enforce a
person’s right.

FUNDAMENTAL REQUIREMENTS OF DUE PROCESS
1. Right to be informed
2. Right to remain silent
3. Right to competent counsel
4. No use of violence, threat, torture
5. Right to know the witness face to face

PHASES OF DUE PROCESS
✓ PRE-TRIAL - eliminate matters
not in dispute, agree on
issues or settle procedural
matters.
✓ TRIAL - facts are presented
and determined; law applied
at the end.

WRITTEN ORDERS OF COURT
WRIT- legal notes from court
SUBPOENA - an order in court
✓ Duces tecum (papers) bring
documents, objects, materials,
chart to court
✓ Ad testificandum (person)
testify as witness at a specified
time and place

WRITTEN ORDERS OF COURT
✓ SUMMON - a writ commanding an authorized person
to notify a party to appear in court to answer a
complaint made against him.
✓ WARRANT - a writing from a competent authority in
pursuance of law, directing the doing of an act
addressed to a person competent to do it

TYPES OF WARRANT
✓ Warrant of arrest - a court order to
arrest or detain a person
✓ Search warrant - a court order to
search for properties

LEGAL CONCEPTS AND ISSUES IN NURSING
✓ LIABILITY: is an obligation or debt that can be enforced
by law. A person who is liable for malpractice is usually
required to pay for damages.
✓ DAMAGES: refers to compensation in money
recoverable for a loss of damage.

NEGLIGENCE – failure to do
something which a reasonable and
prudent person should have done.
Types of negligence
• Commission – wrong doing
• Omission – total neglect of care –
didn’t do anything

ELEMENTS OF NEGLIGENCE
✓ Existence of a duty on the part of the person charged
to use due care under circumstances
✓ Failure to meet the standard of due care
✓ The foreseeability of harm resulting from failure to
meet the standard
✓ The fact that the breach of this standard resulted in an
injury to the plaintiff

• One shall act with justice, give
every man his due, observe
honesty and good faith.
- Civil Code, Article 19
• Those who, in the performance of
their obligations through
negligence cause any injury to
another, are liable for damages.
- Civil Code, Article 19

TYPES OF NEGLIGENCE
As a crime (culpa criminal)
✓ Felony committed by culpa or fault
due to imprudence, lack of
foresight, lack of skills, negligence
As torts (culpa contractual)
✓ Negligence – malfeasance,
misfeasance, non-feasance

✓ Malfeasance – performance of an act which ought not
to be done
✓ Misfeasance – improper performance of some act
which might lawfully be done
✓ Nonfeasance – omission of some act which ought to
be performed

TYPES OF NEGLIGENCE
As quasi-delict (culpa aquiliana)
✓ No pre-existing contractual relations
✓ Negligence, lack of due care

EXAMPLES OF NEGLIGENCE
✓ Burns
✓ Objects left inside the patient’s body
✓ Falls of elderly
✓ Falls of children
✓ Failure to observe and take appropriate action as
needed

SPECIFIC EXAMPLES OF NEGLIGENCE
✓ Failure to report observations to attending physicians
✓ Failure to exercise the degree of diligence which the
circumstances of the particular case demands
✓ Mistaken identity
✓ Wrong medicine, wrong concentration, wrong route,
wrong dose

“the thing speaks for itself”
• Doctrine that infers negligence from the very nature
of an accident or injury in the absence of direct
evidence on how any defendant behaved.

Elements
✓ The injury is of the kind that does not ordinarily occur
without negligence.
✓ The injury is caused by an agency or instrumentality within
the exclusive control of the defendant.
✓ The injury-causing accident is not by any voluntary action
or contribution on the part of the plaintiff.
✓ The defendant's non-negligent explanation does not
completely explain plaintiff’s injury.

“let the master answer"
• Doctrine that a party is responsible for (has vicarious
liability for) acts of their agents.

There are three considerationsgenerally:
• Was the act committed within the time and space
limits of the agency?
• Was the offense incidental to, or of the same general
nature as, the responsibilities the agent is authorized
to perform?
• Was the agent motivated to any degree to benefit the
principal by committing the act?

“good father of a family"
• The employer is liable upon finding that he has been
negligent in the selection of his employees (culpa in
eligiendo) or in the supervision of his employees
(culpa in vigilando).

Frolicand Detour
• Detour occurs when an employee or agent makes a
minor departure from his employer's charge.
• Frolic is a major departure when the employee is acting
on his own and for his own benefit, rather than a minor
sidetrack in the course of obeying an order from the
employer.

"He who acts through another does the act himself."
• The master is obliged to perform the duties by
employing servants, he is responsible for their act in
the same way that he is responsible for his own acts.

"superior force"
• Essentially frees both parties from liability or obligation when
an extraordinary event or circumstance beyond the control of
the parties, such as a war, strike, riot, crime, or an event
described by the legal term act of God (hurricane, flood,
earthquake, volcanic eruption, etc.), prevents one or both
parties from fulfilling their obligations under the contract.

EXAMPLES OF MALPRACTICE
• Anesthesia related complications
• Failure to follow advance
directive
• Failure of hospital or pharmacy
to dispense the right medicine,
dosage

Legal defensein negligence
• Nurses should know and attain that standard of care in
giving service and that they have documented the care
they give in a concise and accurate manner
• If the patient’s careless conduct contributes to his own
injury, the patient cannot bring suit against the nurse.

MALPRACTICE
• Acts or conducts that are not
authorized or licensed or
competent or skilled to perform,
resulting to injuries or non-
injurious consequences
• Negligent act committed in the
course of professional performance

ELEMENTS OF MALPRACTICE
• Duty of the nurse
• Dereliction or breach of duty
• Direct result (injury or harm)
• Damages
• Exceeds the limits of the
standards of care
• Foreseeability of harm

EXAMPLES OF MALPRACTICE
• Misdiagnosis of an illness, failure
to diagnose or relay diagnosis
• Birth Injuries
• Surgical Complications
• Prescription errors
• Failure to provide treatment

INCOMPETENCE
✓ Is the lack of ability, legal qualifications or fitness to
discharge the required duty
✓ Although a nurse is registered, if in the performance of
her duty she manifests incompetency, there is ground
for revocation or suspension of her certificate of
registration

Liability of nursesfor the work of unlicensed assistive personnel
• Unlicensed assistive personnel (UAP) are unlicensed
health care providers trained to function in a supportive
role by providing patient/client care activities as
delegated by the RN.
• The term includes, but is not limited to nurse aides,
orderlies, assistants, attendants, or technicians.

Liability of nursesfor the work of unlicensed assistive personnel
• Nursing aides perform selected nursing activities under
the direct supervision of nurses.
• Their responsibilities usually pertains to the routine
care of chronically ill patients. They are therefore
responsible for their own actions.

Five Rights of Delegation:
• Right Task: The task is appropriate for delegation;
• Right Circumstances: The appropriateness of the
patient setting, available resources, and other relevant
factors are considered;
• Right Person: The right person is delegating the right
task to the right person to be performed on the right
person;

Five Rights of Delegation:
• Right Direction/Communication: A clear, concise
description of the task, including its objective, limits
and expectations is given; and
• Right Supervision: Appropriate monitoring, evaluation,
intervention, and feedback are provided (NCSBN, 1995).

Responsibilities and dutiesof a UAPs
• Observing, documenting and reporting clinical and treatment
information, including patients' behavioral changes
• Assisting with motion exercises and other rehabilitative
measures
• Taking and recording blood pressure, temperature, pulse,
respiration, and body weight
• Assisting with ambulation and mobilization of patients

Responsibilities and dutiesof a UAPs
• Collecting specimens for required medical tests
• Providing emotional and support services to patients, their
families and other caregivers
• Assisting with personal hygiene
• Assisting with meal preparation, grocery shopping, dietary
planning, and food and fluid intake.

LIABILITY OF NURSES FOR THE WORK OF NURSING STUENTS
• Under R.A. 9173, nursing students do not perform
professional nursing duties.
• Nursing students should be under supervision of their
clinical instructors in order that the errors committed by
nursing students will be avoided or minimized.
• They should be given assignments that are their level of
training experience and competency.

LIABILITY FOR THE WORK OF NURSING STUDENTS
• They should be advised to seek guidance if they are
performing a procedure for the first time.
• They should be oriented to the policies where they are
assigned.
• Their performance should be assessed frequently to
determine their strength and weaknesses.

• R.A. 6675 states that only validly registered medical,
dental, and veterinary practitioners are authorized to
prescribe drugs.
• All government health agencies shall use generic
terminology or generic names in all transactions related
to purchasing, prescribing, dispensing and
administering of drugs and medicines.
Generics Act of 1988

• Drug outlets, including drugstores, hospital and non-
hospital pharmacies and non-traditional outlets such as
supermarkets and stores, shall inform any buyer about
any and all other drug products having the same generic
name, together with their corresponding prices so that
the buyer may adequately exercise, his option.
Generics Act of 1988

In accordance with R.A. 5921, all prescriptions must contain
the following information:
• name of the prescriber
• office address
• professional registration number
• professional tax receipt number
• patient’s/client’s name, age, and sex, and date of
prescription. Pharmacy Law

Role of the nurse in drug administration
• The nurse is also responsible for ensuring that they have
the knowledge to ensure the correct administration of
drugs. This includes pharmacology, anatomy and
physiology, and legal issues.
• Medication charts are legal documents and must be
completed accurately and unambiguously in order to
ensure that patients receive safe and optimal drug
therapy.

✓ Philippine Nursing Act of 1991 Section 28 states that in the
administration of intravenous injection, special training
shall be required according to protocol established
✓ Board of Nursing Resolution No. 8 states that without
such training and who administers intravenous injections
to patients shall be held liable either criminally under Sec
30 Art. VII of said law or administratively under sec 21 Art
III or both (whether causing or not an injury or death to
the patient)

SCOPE OF DUTIES AND RESPONSIBLITIES IN IV THERAPY
✓ Interpretation of the doctor’s orders for IV therapy
✓ Performance of venipuncture, insertion of needles,
cannulas except TPN and cut down
✓ Preparation, administration, monitoring and termination
of intravenous solutions such as additives, intravenous
medications, and intravenous push
✓ Administration of blood/blood products as ordered by the
physicians

✓ Recognition of solutions and medicine incompatibilities
✓ Maintenance and replacement of sites, tubing, dressings,
in accordance with established procedures
✓ Establishment of flow rates of solutions, medicines, blood
and blood components
✓ Utilization of thorough knowledge and proficient technical
ability in the use/care, maintenance, and evaluation of
intravenous equipment

✓ Nursing management of total parenteral nutrition, out-
patient intravenous care
✓ Maintenance of established infection control and aseptic
nursing interventions
✓ Maintenance of appropriate documentation, associated
with the preparation, administration and termination of
all forms of intravenous therapy.

✓ Doctors should limit telephone orders to extreme
emergency where there is no alternative. Nurse should
read back such order to the physician to make certain the
order has been correctly written.
✓ Such order should be signed by the physician within 24
hours
✓ The nurse should sign the physician’s name per her own
and note the time and order was received

✓ Created as a means of communication
among health care practitioners.
✓ Serve two important functions: to
provide legal documentation, and
obtain third party payments (e.g.
health insurance)
✓ If information is not charted, it was
not done or observed

• Supplies rich material for medical and nursing research
• Serves as a legal protection for the hospital, doctor, and
nurse by reflecting the disease or condition of the
patient and his management.
• “if it was not charted, it was not observed or done”
• Nurses are expected to record fully, accurately, legibly
and promptly their observations from admission to the
time of the patient’s discharge.

• Nurses are legally and ethically bound to protect the
patient’s chart from unauthorized person.
CHARTING DONE BY STUDENT NURSES
• When a nurse or clinical instructor counter signs the
charting of the nursing student, he/she has personal
knowledge of information and that such is accurate and
authentic.
• Anyone who countersigns without verification commits
herself to possible legal risks.

• It is an administrative report that is
required of nurses if there are
violations of standards and policies
whether or not injury occurs.
• Through incident reports, hospital
administration can monitor quality
of patient care and institute some
measures to prevent similar
incidents in the future.

• Keep statements factual, objective,
do not draw conclusions
• Do not mention incident report in
charting
• May or may not be allowed into court
Remember that patients who feel that doctors and nurses
have done their best are not as likely to sue as a patient
who feels ignored or neglected.
A little kindness goes a long way!

• CONSENT - a “ free and rational act that presupposes
knowledge of the thing to which consent is being given by a
person who is legally capable to give consent”
• NATURE OF CONSENT - an authorization by the patient or a
person authorized by the law to give the consent on the
patient’s behalf.
• INFORMED CONSENT – a written consent should be signed
to show that the procedure is the one consented to and that
the person understands the nature of the procedure

Essential elements of informedconsent
• The diagnosis and explanation of the condition
• A fair explanation of the procedures to be done and used
and the consequences
• A description of alternative treatments or procedures
• A description of the benefits to be expected
• Material rights
• The prognosis, the recommended care, procedure is refused

The nurse’sresponsibility in witnessingthe givingof informed
consent involves:
• witnessing the exchange between the client and the
physician
• witnessing the client affix his signature
• establishing that the client really understood.

Who must consent?
• Legal age
• Patient must consent in his own behalf
• If he is incompetent, or physically unable, and is not in
emergency case, consent must be taken from another who
is authorized to give it in his own behalf.

Consent of minors
• Parents or someone standing in their behalf, gives the
consent to medical or surgical treatment of a minor.
• Parental consent is not needed if the patient is married or
emancipated

Consent of mentaly ill
• A mentally incompetent person cannot legally consent to
medical or surgical treatment.
• The consent must be taken from parents or legal guardian.

Mentalcompetency
• All patients are presumed to be competent unless
declared incompetent by a court of law.
• Supporting documentation of the patient’s behaviors,
speech, decision making and physical and mental status
are very useful in establishing his/her mental
competency

Emergencysituation
• No consent is necessary because inaction at such time
may cause greater injury.
• If time is available and an informed consent is possible,
it is best that this be taken to protect all the parties
concerned.

Refusalto consent
• A patient who is mentally and legally competent has the
right to refuse the touching of his body or to submit to a
medical or surgical procedure no matter how necessary,
nor how imminent the danger to his life or health if he
fails to submit to treatment.

Consent for sterilization
• Sterilization is the termination of the ability to produce
offspring.
• The husband and the wife must consent to the procedure
if the operation is primarily to accomplish sterilization.
• If emergency cases like ectopic pregnancy and abruptio
placentae, consent from patient is sufficient.

✓ The nurse should exercise
reasonable care in selecting
equipment to be used in patients.
✓ Generally, a nurse is not liable for a
non-observable and non-
discoverable defect in the
equipment.

Contract
• Is a meeting of minds between two
persons where they bind themselves to
give something or to render some
services.
• Anything could be subjected to a contract
as long as these are not contrary to law,
morals, good customs, public order and
public policy.

Kinds of contract
• Formal Contracts - refers to an agreement b/w parties
and is required to be in writing e.g. marriage contracts
• Informal Contracts - one in which concluded as the
result of a written document where the law does not
require the same to be in writing.
• Express Contracts - The one in which the conditions
and terms of contract are given orally or in writing by
the parties concerned.

Kinds of contract
• Implied Contracts - one that is concluded as a result of
acts of conduct of the parties to which the law ascribes
an objective intentions to enter into a contract.
• Void contracts - one that is inexistent from the very
beginning and therefore may not be enforced.
• Illegal contracts - one that is expressly prohibited by
law

Illegal contracts
• Those that are made in protection of the law
• Consent obtained by fraud
• Those obtained under duress
• Those obtained under undue influence
• Those obtained through material misrepresentation

Wills
• It is a legal declaration of a person’s intentions upon
death.
• DECEDENT - a person whose property is transmitted
through succession whether or not he left a will. If he
left a will he is called a TESTATOR. If a woman TESTATRIX
• HOLOGRAPHIC WILL - a will that is written and signed
by the testator

Wills
• HEIR is a person called to succession either by the
provision of a will or by operation of law
• There should be a witness who knows the handwriting
and signature of the testator explicitly declares that the
will and the signature are in the handwriting of the
testator

Nurse’s obligation in the execution of a will
• The nurse should note the soundness of the patient’s
mind and that there was free from fraud or undue
influence and that the patient was above 18 years or of
age .
• The patient should write that the will was signed by the
testator, that the witnesses were all present at the
same time and signed the will I the presence of the
testator

Living will
• Is an individual’s signed request to be allowed to die
when life can be supported only mechanically or by
heroic measures.
• It also includes the decision to accept or refuse any
treatment, service or procedure used to diagnose or
treat his/her physical or mental condition and
decisions to provide

Advance directive & health care proxy
• The patient designates a health care representative,
usually a member of the family, a friend or a family
physician to make decisions for him/her when he/she
is unable, due to physical or mental incapacity, accept
or refuse treatment, service or procedure used to
diagnose or treat his/her physical or mental condition
and decisions to provide, withhold or withdraw life
sustaining measures

Important points
• A nurse especially those taking care of well-to-do
patients should remember that the main requisite for
making a will is testamentary capacity or sanity.
• The person who makes a will should at least be 18
years old and is not prohibited by law.
• The will is written and should be witnessed by three
credible witnesses, unless it is holographic will.

Important points
• A holographic will is one that is entirely written, dated
and signed by hand.
• There is no legal reason for the nurse to refuse to
witness the preparation of a will.

• A legal wrong, committed against a
person or property independent of
a contract which renders the person
who commits it liable for damages
in a civil action.
• A person who has been wronged
seeks compensation for the injury or
wrong he has suffered from the
wrong doer.

Examples of tort
ASSAULT AND BATTERY
• Assault is a unjustifiable attempt to touch another
person or even the threat of doing so.
• Battery is the actual carrying out of the threatened
physical contact
DEFAMATION OF CHARACTER occurs where a person
discusses another individual in terms that diminish
reputation.

Defamation of character
✓ Slander – oral defamation of a person by speaking
unprivileged or false words by which his reputation is
damaged.
✓ Libel – defamation by written words, cartoons or such
representations that cause a person to be avoided,
ridiculed or held in contempt or tend to injure him in
his work.

• It is making someone
wrongfully feel that he or she
cannot leave the place.
• The unjustifiable detention of a
person without a legal warrant
within boundaries fixed by the
defendant by an act or violation
of duty intended to result in
such confinement.

• Restraints should be used with caution and discretion.
• All patients should have the right to independence and
freedom of movement.
• Restraints require a physician’s order.
• If a patient or his legal guardian refuses to be
restrained, this should be documented in the patient’s
medical record.

• The right to privacy is the right to be left alone, the
right to be free from unwarranted publicity and
exposure to public view as well as the right to live one’s
life without having anyone’s name, picture or private
affairs made public against one’s will.
• Nurses may become liable for invasion of right to
privacy if they divulge information from a patient’s
chart to improper sources or unauthorized persons

CRIME - act committed or omitted in violation of the law.
Criminal offenses are composed of two elements:
1. Criminal Act
2. Evil/criminal intent
A conspiracy to commit a crime exists when two or more
persons agree to commit a felony and decide to do it.

Conspiracy to commit a crime
• Principals - are those who take a direct part in the
execution of the act, who directly force or induce
others to commit it; or who cooperate in the
commission of the offense by another act without
which it would not have been accomplished.
• Accomplices - are those who, not being principals,
cooperate in the execution of the offense by previous
and simultaneous act.

Conspiracy to commit a crime
• Accessories - are those who, having the knowledge of
the commission of the crime. Assisting the offender to
profit from the crime either by disposing the body,
concealing or assisting in escape of the principal of the
crime.

Criminal actions
• Misdemeanor - a general name for criminal offense
which does not in law amount to felony.
• Felony - a public offense for which a convicted person
is liable to be sentenced to death or be imprisoned in
a penitentiary or prison. It is committed with deceit
and fault.

Criminal negligence
✓ Reckless Imprudence - when a person does an act or
fails to do involuntary without malice, from which
damage results immediately.
✓ Simple Imprudence - means that the person or nurse
did not use precaution and the damage was not
immediate or the impending danger was not evident
or manifest.

Criminal intent
✓ Is the state of mind of a person at the time the criminal
act is committed, that is, he/she knows that an act is
lawful and still decided to do it anyway.
✓ Deliberate intent includes two other elements without
which there can be no crime. These are freedom and
intelligence.

Criminal intent
✓ When a person accused of the crime offers evidence
showing insanity, necessity, compulsion, accident, or
infancy the court will decide if he did not commit a
criminal offense and will declare the person not guilty.

Classes of felonies
• Consummated - when all the elements necessary for its
execution and accomplishment are present.
• Frustrated - when the offender performs all the acts or
execution which will produce the felony as a consequence
but which nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
• Attempted - when the offender commences the commission of
the same directly by overt acts, and does not perform the acts
which shall produce the felony.

Felonies according to degree of punishment
• Grave Felonies - are those to which the law attaches the
capital punishment or penalties which in any of their
periods are afflictive. (imprisonment ranging from 6 yrs and
1 day with fine not exceeding P6,000)
• Less Grave Felonies - are those which the law punishes with
penalties which in their maximum period are correctional
(imprisonment ranging from 1 month and 1 day to 6 yrs or
fine not exceeding 6,000 but not below 200)

Felonies according to degree of punishment
• Light Felonies - are those infractions of law for the
commission of which the penalty of “arresto menor”
(imprisonment for 1 day to 30 days or a fine not
exceeding 200 or both of which are imposed)

JUSTIFYING CIRCUMSTANCES
• These are the defenses in which the accused is
deemed to have acted in accordance with the law and
therefore the act is lawful.

Circumstances which exempts a person from criminal liability:
• There is no mens rea or criminal intent
• The circumstances pertain to the act and not to the
actor. Hence all who participated in the act will be
benefited. Thus if the principal is acquitted there will
be no accomplices and accessories.

• These apply only to intentional felonies, not to acts by
omissions or to culpable felonies or to violations of
special laws
• When he acts in defense of his rights
• When he acts in defense of his relatives rights

• When he acts in defense of a strangers rights and that
the person defending is not induced by revenge or evil
motives.
• When any person who, in order to avoid an injury
does an act which causes damage to another provided
that an evil sought to be avoided actually exists.

• When he acts in the fulfillment of a duty or in lawful
exercise of a right or office.

EXEMPTING CIRCUMSTANCES
• These are defenses where the accused committed a
crime but is not criminally liable.
• There is a crime, and there is civil liability but no
criminal.

• The basis is the lack of any of the elements which
makes the act/omission voluntary, i.e. freedom,
intelligence, intent or due care.
• They apply to both intentional and culpable felonies
and they may be available in violations of special laws.

• These defenses pertain to the actor and not the act.
• They are personal to the accused in whom they are
present and the effects do not extend to the other
participants. Thus if a principal is acquitted, the other
principals, accessories and accomplices are still liable.

• An imbecile or an insane person, unless the latter has
acted during a lucid interval
• A person under nine years of age
• A person over nine years of age and under fifteen
unless he acted with discernment.

MITIGATING CIRCUMSTANCES
• Are those which do not constitute justification or
excuse of the offense in question, but which, in
fairness and mercy, may be considered as extenuating
or reducing the degree of moral culpability.

There are certain circumstances under which the law exempts a
person from criminal liability:
• Circumstances which are otherwise justifying or
exempting were it not for the fact that all requisites
necessary to justify the act or to exempt the offender
from criminal liability in the respective cases are not
attendant

• When the offender has no intention to commit so
grave a wrong as the one committed
• When the offender is under eighteen years of age or
over 70 years old

• When sufficient provocation or threat on the part of the
offended party immediately precedes the act
• When the act is committed in the immediate vindication of a
grave offense to the one committing the felony, his/her spouse,
ascendants, descendants, legitimate, natural or adopted
brothers, or relative by affinity within the same degree

• When a person acts upon an impulse so powerful as
naturally to have produced an obfuscation
• When the offender voluntarily surrenders himself to a
person in authority or confesses before the court prior
to the presentation of the evidence for the prosecution
• When the defender is deaf and dumb, blind or
otherwise suffering from physical defect

Lack of education is not mitigating in:
✓ Rape
✓ Forcible abduction
✓ Arson
✓ Treason

Lack of education is not mitigating in:
✓ In crimes against chastity like seduction and acts of
lasciviousness
✓ Those acts committed in a merciless or heinous
manner

AGGRAVATING CIRCUMSTANCES
• Are those attending the commission of a crime and which
increase the criminal liability of the offender or make his
guilt more severe.
• When the offender takes advantage of his public position
• When the crime is committed in contempt of or with insult
to public authorities

• When the act is committed with insult or disregard of
the respect of the offended party on account of his
rank, age, sex
• When the act is committed with abuse or confidence
or obvious ungratefulness
• When a crime is committed in a place of worship

• When the crime is committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune
• When the crime is committed in consideration of a price,
reward or promise
• When the crime is committed by means of inundation, fire,
poison, explosion, standings of a vessel or intentional
damage

• When the act is committed with evident premeditation
or after unlawful entry
• When craft, fraud, or disguise is employed when the
wrong done in the commission of the crime is
deliberately augmented by causing other wrongs not
necessary for its commission

ALTERNATIVE CIRCUMSTANCES
• Those which may either be appreciated as mitigating
or aggravating according to the nature and effects of
the crime and other conditions attending its commission.

• Is an act of baseness,
vileness or depravity in social
or private duties which a
man owes to his fellow man
or to society in general, an
act contrary to the accepted
and customary rule of right
and duty between men

MURDER
• Is the unlawful killing of a
human being with intent to kill.
It is a very serious crime.
• Nurses should keep in mind
that death resulting from a
criminal abortion is murder.
• Euthanasia is also considered
murder.

HOMICIDE
• Is the killing of a human being in another.
• It may be committed without criminal intent, by any
person whom kills another, other than his father,
mother, or child or any of his ascendants or
descendants, or his spouse, without any of the
circumstances attendant the crime of murder
enumerated above being present.

ABORTION
• Is illegal according to the
revised penal code. The
patient should assume
responsibility for her abortion.
• She should be made to sign a
statement relieving the
hospital and its personnel
from liability

• INFANTICIDE - Is the killing of a child less than three days of
age. The mother of the child who commits this crime shall
suffer penalty of imprisonment ranging from two years and
four months and 1 day to 6 years
• PARRICIDE - is a crime committed by one who kills her/his
father, mother or child whether legitimate or illegitimate, or
any of his/her ascendants or descendants or his/her
spouse.
• ROBBERY - is a crime against a person or property

• R.A. 6425 known as the Dangerous Drug Act of 1972 covers
the administration and regulation of the manufacture,
distribution, dispensing of controlled drugs.
• Persons authorized to prescribe or dispense these drugs are
required to register and have a special license for this
purpose

• Affidavit - is a written statement made under oath
before a notary public or other person duly authorized
• Contempt of Court - is the willful disobedience to, or
open disrespect for, the rules of court
• Defendant - the person being accused of a
wrongdoing; the therefore needs to defend themselves
• Day in court - the right of a person to appear in court
and be heard concerning his compliant/defense

• Due process - is fair and orderly process which aims to protect
and enforce a person’s rights
• False Testimony - is punishable both criminal and civil law
• Hearsay Evidence - is evidence that is derived from something
the witness heard from others
• Inquest - is the legal inquiry into the cause or manner of a death
• Perjury - is the willful telling of a lie under oath
• Plaintiff - the person who files the lawsuit and is seeking for a
perceived wrongdoing

• Prima facie Evidence - evidence, which if unexplained or
uncontradicted would establish the fact alleged
• Privileged Communication - statements uttered in good
faith. These are not permitted to be divulged in court
justice.
• Statute of Limitations - define the length of time following
the event during which the plaintiff may file the lawsuit
• Subpoena - is an order that requires a person to attend at
a specific time and place to testify as witness

• Subpoena Duces Tecum - is a subpoena that requires a
witness to bring required papers/ documents and the like
which may be in his possession
• Summons - is a writ commanding an authorized person to
notify a party to appear in court to answer a complaint
made against them
• Warrant - is writing from a competent authority in
pursuance of law, directing the doing of an act, and
addressed to a person competent to do it

✓ Be very familiar with the Philippine Nursing Law
✓ Beware of laws that affect nursing practice
✓ At the start of employment, get a copy of your job
description, the agency’s rules, regulations and
policies
✓ Upgrade your skills and competence
✓ Accept only such responsibility that is within the scope
of your employment and your job description

✓ Do not delegate your responsibility to others
✓ Determine whether your subordinates are competent
in the work are assigning them
✓ Develop good interpersonal relationships with your co-
workers, whether they be your supervisors, peers, or
subordinates
✓ Consult your superiors for problems that may be too
big for you to handle

✓ Verify orders that are not clear to you or those that
seem to be erroneous
✓ The doctors should be informed about the patient’s
condition
✓ Keep in mind the value and necessity of keeping
accurate and adequate records
✓ Patients are entitled to an informed consent

Republic Act No. 2493 dated February 5, 1915 – The first law
affecting the practice of nursing in the Philippines.
a. Sec. 7 – states that every person desiring to practice nursing in the
Philippines shall apply to the Director of Health for a Certificate of
registration as a nurse.
b. Sec. 8 – states that it shall be unlawful for any person to practice
as a nurse in any of its branches in the Phil. until the proper
certificate of registration has been obtained.
c. This is also an act that provides for the examination and
registration of nurses in the Philippines.

Republic Act No. 2808 dated March 1, 1919 – an act regulating
the practice of nursing profession in the Philippines otherwise
known as the Nursing Law.
Significance of this Law
✓ The first board of examinees for nurses was created
composed of three members appointed by the Secretary of
Interior (one doctor of medicine as chairman and two
members who are registered nurses, had experience in the
nursing profession for at least five years of reputable
character)

The Board has the following powers:
1. Issue and revoke certificates of registration for practitioners of
the nursing profession.
2. Study the conditions affecting the practice of the nursing
profession in all parts of the Philippines.
3. Exercise the power conferred by the law to maintain efficient,
ethical and technical standards in nursing profession.
4. Promulgate regulations governing the nurse examination and
standards to be attained.

✓ Republic Act No. 4007 dated December 5, 1931
(Reorganization Law) – took effect the conduct of board
examination and placed the direct supervision of the Bureau
of Civil Service.
✓ RA 465 – standardized the fees charge by the examining
board.
✓ RA 546 – reorganized and placed all the board examinees
under the direct supervision of the Pres. of the Phil.

✓ RA 877 dated June 19, 1953 – was enacted as an entirely new
law created by the Filipino Nurses Associated (now PNA)
namely: Ms. Obdulia Kabigting as chairman; Dean JV Sutejo
and Conchita Ruiz. The act was sponsored by Sen. Geronima
Pecson.
✓ The purpose is to “regulate the practice of nursing in the
Philippines and to set up provisions for the registration of the
nurses for the establishment and maintenance of standards of
nursing education and practice.”

✓ RA 1080 dated June 15, 1954 – An act declaring the BAR and
BOARD OF EXAMINATION as “Civil Service Examination”
✓ RA 9173 October 21, 2002 – an act providing for a more
responsive nursing profession repealing for the purpose RA #
7164, otherwise known as the Philippine Nursing Act of 1991.

THE PHILIPPINE NURSING ACT OF 2002
1. Title of the law and its provision (Article I)
2. Declaration of Policy (Article II)
3. Organization of the Board of Nursing (Article III)
4. Examination and Registration (Article IV)
5. Nursing Education (Article V)
6. Nursing Practice (Article VI)
7. Health Human Resources Production, Utilization and
Development (Article VII)
8. Penal and Miscellaneous Provisions (Article VIII)

• The Board is now composed of a Chairman and six members
instead of a Chairman and four members
• Submission of names of qualified nominees by the Accredited
Professional Organization (APO) to the Commission, three (3)
nominees per vacancy, not later than three months before the
vacancy
• The Commission submits to the office of the President two (2)
nominees per vacancy not later than two months before the
vacancy occurs. The appointment must be issued not later than
thirty (30) days before scheduled licensure examination.

BOARD OF NURSING
CARMELITA C. DIVINAGRACIA
OIC – Board of Nursing
GLORIA B. ARCOS
Member

BOARD OF NURSING
CORA A. AÑONUEVO
Member
CARFREDDA P. DUMLAO
Member

BOARD OF NURSING
GLENDA S. ARQUIZA
Member
FLORENCE C. CAWAON
Member

• Qualifications of Board Members
✓ Educational requirement for members of the Board is not
limited to registered nurses with Master’s degree in
nursing but also to registered nurses with master’s degrees
in education, or other allied medical profession provided
that the Chairperson and majority of the members are
holders of a Master’s degree in nursing
✓ Of the ten years of continuous practice of the profession
prior to appointment, the last five (5) years must be in the
Philippines.

• Added the powers and duties of the Board
✓ Adopt and regulate a Code of Ethics and Code of Technical
Standards for the practice of nursing within one year from
the effectivity of this act.
✓ Recognize specialty organization in coordination with
accredited professional organization.
• Licensure Examination and Registration
✓ Specific dates of examination has been deleted

✓ Specific dates of examination – not earlier than one (1)
month and not later than 2 months after the closing of
each semestral term.
✓ Specific age of applicants has been deleted
• Ratings
✓ Specific number of times an examinee may take the
licensure examination has been deleted
✓ Removal examination shall be taken within two (2) years
after the last failed examination

• Revocation and Suspension of Certificate of Registration
✓ Implementing Rules and Regulations, Code of Ethics, Code
of Technical Standards, for Nursing Practice and policies of
the Board and of the Commission
✓ Sec. 28g for practicing the profession during the period of
suspension
✓ Period of Suspension of the certificate of
registration/professional license not to exceed four (4)
years

• Nursing Education
✓ Requirement for inactive nurses returning to practice –
Nurse who have not actively practiced the profession shall
undergo one (1) month of didactic training and three (3)
months of practicum
✓ Qualifications of Faculty – Requirement of clinical
experience in a field of specialization has been reduced
from three (3) years to one (1) year in a field of
specialization

• Nursing Education
✓ The Dean of the College of Nursing must have at least five
(5) years of experience in teaching and supervising a
nursing education program.
• Nursing Practice
✓ Scope of Nursing – Duties and responsibilities of the Nurse
✓ Special training for intravenous injections but Nursing
Service Administrators still require formal training for the
safety of the patient and the protection of the nurse and of
the institution.

• Nursing Practice
✓ Special training for suturing the Lacerated perineum
Note: This is being undertaken by the Association of Nursing Service Administrators of the
Philippines (ANSAP) with the Maternal and Child Association of the Philippines (MCNAP)
✓ Observe the Code of Ethics and the Code of Technical
Standards to maintain competence through continual
professional education
✓ Health human resource production and Utilization
The minimum base pay of nurses working in the public health institutions shall not be
lower than salary grade 15.

• Comprehensive Nursing Specialty Program
✓ The Board is mandated to formulate and develop a
comprehensive nursing specialty program that would
upgrade the level of skills and competency of specialty
nurse clinicians in the country

✓ International Labor Organization Convention 149
✓ ILO Recommendation 1977
✓ International Council of Nurses
✓ Philippine Nurses Association
✓ Code of Ethics for Nurses
✓ Magna Carta for Health Workers (RA 7305)
✓ Philippine Nursing Law
✓ Philippine Constitution

✓ Somera Case
✓ Maki v. Murray Hospital
✓ Ybarra v. Spanggard
✓ Ales v. Ryan et al
✓ Nicholson v. Sisters of Charity of Providence
✓ Ratliffe v. Wesley Hospital
✓ Aderhold v. Bishop
✓ Borwege v. City of Owatonna

Several days prior to May 26, 1929, Pedro Clemente took
his daughter, Anastacia Clemente, to Dr. Gregorio Favis at
Manila. The latter decided to perform a tonsillectomy and
instructed the father and daughter to go to St. Paul’s
Hospital where he would perform the operation at 7am
on May 26, 1929.
Assisting Lorenza Somera, a Head Nurse, were student
nurses Valentina Andaya and Consolacion Montinola. The
assistant surgeon was Dr. Bartolome.

During the operation, Dr. Favis asked Dr. Bartholome for
Novocain solution. Ms. Montinola handed Dr. Bartolome
a syringe of solution which was handed in turn to Dr. Favis
who injected the same to the patient .After a few minutes,
Dr. Bartolome noticed that the patient was becoming pale
and acting as if dying. He called the attention of Dr. Favis
to this but the latter said it was not unusual. A third
syringe of solution was injected and a few minutes later,
the patient died in a few minutes.

Dr. Favis asked if the Novocain was fresh. Ms. Somera
replied that the solution was not Novocain but 10% cocaine.
In court, Ms. Montinola testified she heard Dr. Favis order
cocaine with adrenalin for injection and heard Ms. Somera
to have verified the order. The autopsy report and testimony
of the Medico-legal Officer showed that the patient was
suffering from status lymphaticus and that such patients
were known to die even with so slight an injury as a needle-
prick.

Facts not brought in the trial were 1) that Ms. Somera.
Had finished her training only on May 20, 1929; 2) that
she had not received her registration certificate and was
not an experienced graduate as states in the prosecution;
3) that Dr. Favis had performed tonsillectomy but once
previously in St. Paul’s and that no order from Dr. Favis
was given before his arrival.

The two accused doctors were absolved of the crime but
Lorenza Somera was condemned to suffer one year and
one day imprisonment and to indemnify the heirs of
Anastacia Clemente the sum of P1, 000.00 with subsidiary
imprisonment in case of insolvency and to pay one-third
of costs.

In view of the recommendation of two of the justices of
the supreme Court who reviewed the case upon the
appeal of the counsel fo the defense, the unanimous
recommendation of the Board of Pardons, and the
petition of the Philippine Nurses Association for executive
clemency.

Additional Info:
1. In 1929, in Manila, Lorenza Somera (a nurse), was
found guilty of manslaughter, sentenced to a year in
prison, and fined one thousand pesos for following a
physician's orders.. She was found guilty because
when the doctor said cocaine instead of procaine, she
did not question his orders.
2. Nurses cannot just depend on what the doctors say;
they have to know if what the doctor orders is correct.

Additional Info:
3. Nurses have adopted the ethic of advocacy for
patients
4. Unfortunately hospitals don’t like having problems
called to the public's attention, and give the nurses a
very bad time about it.

• Pursuant to Section 3 of Republic Act No. 877, known as
the Philippine Nursing Law, and Section 6 of PD No. 233,
the amended Code of Ethics for Nurses recommended and
endorsed by the Philippine Nurses Association was
adopted to govern the practice of nursing in the
Philippines.
• The Code was adopted under Republic Act 9173 and
promulgated by the Board of Nursing under Resolution No.
220 Series of 2004 last July 14, 2004.

Nurses have four fundamental responsibilities: to
promote health, to prevent illness, to restore health and
to alleviate suffering. The need for nursing is universal.
Inherent in nursing is respect for human rights, including
cultural rights, the right to life and choice, to dignity and to
be treated with respect. Nursing care is respectful of and
unrestricted by considerations of age, colour, creed,
culture, disability or illness, gender, sexual orientation,
nationality, politics, race or social status.

Nurses render health services to the individual, the family
and the community and co-ordinate their services with
those of related groups.

• The nurse’s primary professional responsibility is to
people requiring nursing care.
• The nurse promotes an environment in which the
human rights, values, customs and spiritual beliefs of
the individual, family and community are respected.
• The nurse ensures that the individual receives sufficient
information on which to base consent for care and
related treatment.

• The nurse holds in confidence personal information
and uses judgment in sharing this information.
• The nurse shares with society the responsibility for
initiating and supporting action to meet the health and
social needs of the public, in particular those of
vulnerable populations.
• The nurse also shares responsibility to sustain and
protect the natural environment from depletion,
pollution, degradation and destruction.

• The nurse carries personal responsibility and
accountability for nursing practice, and for maintaining
competence by continual learning.
• The nurse maintains a standard of personal health such
that the ability to provide care is not compromised.
• The nurse uses judgment regarding individual
competence when accepting and delegating
responsibility.

• The nurse at all times maintains standards of personal
conduct which reflect well on the profession and
enhance public confidence.
• The nurse, in providing care, ensures that use of
technology and scientific advances are compatible with
the safety, dignity and rights of people.

• The nurse assumes the major role in determining and
implementing acceptable standards of clinical nursing
practice, management, research and education.
• The nurse is active in developing a core of research-
based professional knowledge.
• The nurse, acting through the professional organization,
participates in creating and maintaining safe, equitable
social and economic working conditions in nursing.

• determining and implementing acceptable standards of
clinical nursing practice, management, research and
education.
• developing a core of research-based professional
knowledge.
• acting through the professional organization,
participates in creating and maintaining safe, equitable
social and economic working conditions in nursing.

• The nurse sustains a co-operative relationship with co-
workers in nursing and other fields.
• The nurse takes appropriate action to safeguard
individuals, families and communities when their health
is endangered by a coworker or any other person.

HOSPITAL OR INSTITUTIONAL NURSING
• Nursing in hospital and related
health facilities such as extended
care facilities, nursing homes and
neighborhood clinics,
compromises the entire basic
component of comprehensive
patient care and family health.

Qualifications of Nursing Service Administration
Section 29 of RA 9173 specifies that a person occupying supervisory or managerial
positions requiring knowledge of nursing must:
• Be a registered nurse in the Philippines
• Have at least two (2) years of experience in general nursing
service administration
• Possess a degree of Bachelor of Science in Nursing, with at
least nine (9) units in management and administration
courses at the graduate level; and

Qualifications of Nursing Service Administration
Section 29 of RA 9173 specifies that a person occupying supervisory or managerial
positions requiring knowledge of nursing must:
• Be a member of good standing of the accredited
professional organization of nurses

Chief Nurse or Director of Nursing Service Shall in
addition to the foregoing qualification, possess;
• At least five(5) years of experience in a supervisory or
managerial position in nursing
• A master’s a degree major in nursing

PUBLIC HEALTH NURSING OR
COMMUNITY HEALTH NURSING
• The focus of nursing care is only
on family and community health
rather than on individual basis.
• Here, the nurse will be able to
see the total picture of family and
community health.

PRIVATE DUTY NURSING
• A private nurse is a registered
nurse who undertakes to give
comprehensive nursing care to a
client on a one on one ratio, an
independent contractor.
• The patient may be provided care
in the hospital or in the home.

PRIVATE DUTY NURSING
Private duty nurse practitioner are grouped into two categories
• General Private Duty Nurse - has the capability for
providing basic nursing care at any type of patient
• Private Duty nurse specialist - foregoing abilities
expected of the general nurse practitioner and as a
result of his or her specialized preparation a private
nurse specialist

OCCUPATIONAL HEALTH NURSING
OR INDUSTRIAL NURSING
• The practice focuses on
promotion, protection, and
supervision of workers health
within the context of a safe and
healthy worker environment.

NURSING EDUCATION
• A nurse educator is a nurse who
teaches and prepares nurses (RN)
for entry into practice positions.
• They can also teach in various
patient care settings to provide
continuing education to licensed
nursing staff.

NURSING EDUCATION
The faculty shall have academic preparation appropriate to his/her teaching
assignment. In addition to being a Filipino citizen and having good moral
character, the following qualifications must be observed:
• Registered Nurse in the Philippines with current/valid
PRC ID
• Holder of Master’s degree in Nursing, Education or
other allied medical and health sciences conferred by a
college or university duly recognized by the CHED;

NURSING EDUCATION
The College shall be administered by a full-time dean with the following
qualifications:
• Filipino citizen;
• Registered Nurse in the Philippines with current and
valid PRC ID;
• Holder of Master’s degree in Nursing (MAN, MN, MSN)
conferred by a college or university duly recognized by
the CHED;

NURSING EDUCATION
qualifications:
• Has at least 1 year experience of clinical practice and a
total of at least 5 years experience in teaching,
administration and supervision of nursing education;
• Physically and mentally fit;
• Of good moral character;

NURSING EDUCATION
qualifications:
• Has no other teaching assignments or administrative
functions in other public/private institutions or higher
education institutions;
• Member of accredited professional nursing organization
of good standing;

NURSING EDUCATION
qualifications:
• Upon appointment, he/she must be an active member of
good standing of the Association of Deans of Philippine
College of Nursing (ADPCN); and,
• Upon appointment, he/she should have a duly notarized
employment contract of at least 1 academic year renewable
annually. The contract should specify the academic rank.

NURSING EDUCATION
The faculty shall have academic preparation appropriate to his/her teaching
assignment. In addition to being a Filipino citizen and having good moral
character, the following qualifications must be observed:
• At least one (1) year of clinical practice
• A member of accredited professional nursing
organization of good standing.

MILITARY NURSING
• Military nurses are healthcare
professionals who provide
medical care to patients in
military clinics and hospitals.
• Military nurses may serve in
the Army, the Navy or the Air
Force.

Military nursing qualifications
• Must have rank of 2nd lieutenant
• Have adequate knowledge of general nursing theory
and practice, including about biological, social, and
medical science and their application
• Knowledge on latest development in nursing field
• Perform comprehensive nursing care

Benefits and privilege of a military nurse
Highly salary rate and allowances according to rank:
• 2nd Lieutenant- initially receives the same base pay
as officers of equivalent ranks.
• Flight pay for flight nurses- 50% of base pay
• Hazard pay- 20% of base pay
• Cold weather clothing allowance
• Overseas pay

SCHOOL HEALTH NURSING
• Responsible for the school’s
activities in the areas of
health service, health
education and environmental
health and safety.

Responsibilities of school health nurse
• Organizing and implementing the school health
programs
• Coordinating school health programs
• Undertaking functions directly related to pupil’s health
• Evaluating school health programs
• Carrying out functions related to the health of school
personnel.

CLINIC NURSING
• Nurse in this field must have
excellent teaching and
communication skills, exhibit
organizational and leadership
ability, possess good assessment
skills, and have good insight in
order to anticipate and interpret
the needs of their patients.

ADVANCE PRACTICE NURSING
• An umbrella term for nurses who
have specialized education and
experience beyond the basic
nursing program. This field covers
the roles of the clinical nurse
specialist.

INDEPENDENT NURSING PRACTICE
• Nurse is self-employed and
provides professional nursing
services to clients and their
families.

Predicted outcomes of the new role of nurses as
Independent Nurse Practitioner
• It will encourage professional nurses to extend their capabilities
and assume greater responsibilities for designated areas of
generalized nursing practice.
• The amount of health care will be more increased and accessible
to people.
• The nurse’s involvement in the client’s family or community will
increase the nurse’s sensitivity and response to their client’s needs.

PARISH NURSE
• The role that gathers in
churches, cathedrals, temples,
mosques, and acknowledge
common faith traditions.
• Respond to health an wellness
needs within the context of
populations of faith community.

PARISH NURSE
Functions:
• Provider of spiritual care
• Health Counselor
• Health Advocate
• Health Educator
• Facilitator of Support Groups
• Trainer or Volunteers
• Liaison to community resources and referral agent.

HOSPICE NURSE
• Provides a family centered care
and allows clients to live and
remain at homes with comfort,
independence and dignity,
while alleviating the strains
caused by terminal phase i.e.
at the time of death.

HOSPICE NURSE
Function:
• Pain & symptom control.
• Spiritual Care
• Home Care and impatient Care
• Family Conferences
• Co-ordination of Care
• Bereavement Care

REHABILITATION NURSE
• A nurse who specializes in
assisting persons with disabilities
and chronic illness to attain
optimal function, health and
adapt to an altered life style.

NURSE EPIDEMIOLOGIST
• Monitors standards and
procedures for the control and
prevention of infectious diseases
and other conditions of public
health significance including
nosocomial infections.

Nursing professional development builds on the basic
education and experience of nurses throughout their
professional careers for the ultimate goal of ensuring the
quality of health care to the public.
GRADUATE EDUCATION OR MASTER’S DEGREE
• Prepares leaders in nursing who will influence the
practice and study of the nursing profession.

DOCTORAL DEGREE
Prepares nurses for positions such as:
• Administrators of nursing colleges
• Nursing research specialists
• Consultants of nursing services
• Nursing education programs or hospital services

BON Resolution 2013-774 s. 2013
Continuing Professional Development Guidelines
Objectives:
• Continuously improve the quality of registered professionals
by updating them with latest scientific/technological/ethical
trends in the practice of profession.
• Support to lifelong learning in the enhancement of
competencies of professionals.

BON Resolution 2013-774 s. 2013
Continuing Professional Development Guidelines
Objectives:
• Deliver quality CPD activities aligned with the Philippine
Qualifications Framework for national relevance and global
competitiveness.

• The Philippine Nurses Association
is a professional organization in
the Philippines established to
promote the holistic welfare of
nurses and to prepare them to be
globally-competitive.
• It used to be known as Filipino
Nurses Association (FNA).

MS. RUTH THELMA P. TINGDA
National President

• Ang Nars
• Association of Deans of Philippine Colleges of Nursing
(ADPCN)
• Association of Diabetes Nurse Educators of the
Philippines (ADNEP)
• Association of Nursing Service Administrators of the
Philippines (ANSAP)

• Association of Private Duty Nurse Practitioners
Philippines (APDNPP)
• Critical Care Nurses Association of the Philippines
(CCNAPI)
• Gerontology Nurses Association of the Philippines
(GNAP)
• Military Nurses Association of the Philippines (MNAP)

• Mother and Child Nurses Association of the
Philippines (MCNAP)
• National League of Philippine Government Nurses
(NLPGN)
• Occupational Health Nurses Association of the
Philippines (OHNAP)
• Operating Room Nurses Association of the Philippines
(ORNAP)

• Philippine Hospital Infection Control Nurses
Association (PHICNA)
• Philippine Nursing Informatics Association (PNIA)
• Philippine Nursing Research Society (PNRS)
• Philippine Oncology Nurses Association (PONA)
• Philippine Society of Emergency Care Nurses (PSECN)

• Renal Nurses Association of the Philippines (RENAP)
• Society of Cardiovascular Nurse Practitioners of the
Philippines (SCVNPPI)
• Philippine Association of Public Health Nursing Faculty
• Psychiatric Nursing Specialists Foundation of the
Philippines
• Integrated Registered Nurses of the Philippines
(IRNUP)

• Article I Preamble
• Article II Registered Nurses And People
• Article III Registered Nurses And Practice
• Article IV Registered Nurses And Co-workers
• Article V Registered Nurses, Society And Environment
• Article VI Registered Nurses And The Profession
BOARD OF NURSING Board Resolution No. 220 Series of 2004

Nursing is to nurture and care...
patient's life is in our hands,
so love our profession...
ITS A CALLING!

1. Lydia M. Venzon, RN, MAN, PhD, FPCHA and Ronald
M. Venzon Professional Nursing in the Philippines
11th Edition, C&E Publishing Corp., 2010
10th Edition, C&E Publishing Corp., 2005
2. Commission on Higher Education CHED Memorandum
Order (CMO) no. 14, S. 2009
3. Commission on Higher Education CHED Memorandum
Order (CMO) no. 30, S. 2001

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