Nursing Board Structure and Responsibilities

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Questions and Answers

Who continues to serve as Chairperson and Members of the Board until replacement appointments are made?

Any qualified individuals from the profession

The incumbent Chairperson and Members of the Board (correct)

The new appointees by the President

The previous Chairperson and Members of the Board

What is one of the powers and duties of the Board with respect to nursing practice?

Create new nursing schools

Conduct the licensure examination for nurses (correct)

Provide financial aid to nursing students

Assign nursing jobs to graduates

Under whose administrative supervision does the Board operate?

The Commission (correct)

The National Board of Nursing

The Department of Health

The President's Office

What do the Chairperson and Members of the Board receive as compensation?

Compensation comparable to other regulatory boards Signup and view all the answers

Which of the following is NOT a responsibility of the Board?

Design nursing curricula for universities Signup and view all the answers

What is the maximum duration a temporary appointment can last before it needs to be renewed?

12 months Signup and view all the answers

Under what condition can a temporary appointee be replaced before the 12-month period is over?

If a qualified civil service eligible becomes available Signup and view all the answers

What must be included in the performance evaluation plan prepared by the Secretary of Health?

Improvement of employee efficiency and organizational effectiveness Signup and view all the answers

What is a necessary condition for the transfer of a public health worker?

The transfer must be in the interest of public service Signup and view all the answers

What is one of the components of the uniform career and personnel development plan?

Job rotation Signup and view all the answers

What occurs after a bill is reported out of the committee?

The bill is calendared for Second Reading. Signup and view all the answers

Who has the authority to prepare the performance evaluation and merit promotion plan?

The Secretary of Health Signup and view all the answers

What is the minimum duration before a temporary appointment can be renewed?

3 months Signup and view all the answers

What happens during the Third Reading of a bill?

Members explain their votes if permitted by the rules. Signup and view all the answers

How often should employees receive feedback on their performance evaluation?

Regularly by their supervisor Signup and view all the answers

What step follows the passage of a bill in the Third Reading?

The bill is sent to the other chamber for its readings. Signup and view all the answers

How is a bill considered enrolled?

It is printed as finally approved and authenticated. Signup and view all the answers

When does a bill become a law if vetoed by the President?

When both chambers repass it with a two-thirds vote. Signup and view all the answers

What does 'legal right' refer to in civil society?

An entitlement that can be enforced by law. Signup and view all the answers

What is the role of the court of justice in the government?

To administer justice delegated to it by the government. Signup and view all the answers

Which of the following statements is true about consolidating bills?

Bills with the same nature can be consolidated under common authorship. Signup and view all the answers

What is required for the order given by a superior to be valid?

The order must be within the scope of official authority. Signup and view all the answers

Which of the following individuals is exempt from criminal liability due to their age?

A person under the age of 9. Signup and view all the answers

What is a mitigating circumstance that can lessen criminal liability?

The offender voluntarily confessed before evidence presentation. Signup and view all the answers

Which of the following scenarios constitutes an aggravating circumstance in a crime?

The crime was committed with evident premeditation. Signup and view all the answers

What constitutes a valid circumstance for an individual to act without criminal liability?

Acting under the compulsion of an irresistible force. Signup and view all the answers

Which of the following is NOT a mitigating circumstance?

The offender acted in self-defense. Signup and view all the answers

Which option describes a crime committed with abuse of confidence?

A fraud against someone the offender knows well. Signup and view all the answers

Under what condition can someone be held criminally liable if they cause an injury by mere accident?

If the act was performed with due care and without fault. Signup and view all the answers

What is the primary responsibility of a Filipino registered nurse?

To preserve health at all costs Signup and view all the answers

Which principle should Filipino registered nurses uphold when faced with a conflict in patient care management?

Patients’ Bill of Rights Signup and view all the answers

What should Filipino registered nurses do regarding patient confidentiality?

Only disclose information to those involved in care Signup and view all the answers

Which of the following is an obligation of registered nurses to ensure quality care?

Meet the optimum standard of safe nursing practice Signup and view all the answers

What must registered nurses respect regarding individual patients?

Their values, customs, and spiritual beliefs Signup and view all the answers

Which of the following actions is NOT acceptable for registered nurses according to their ethical conduct?

Engaging in indecent exposure Signup and view all the answers

What should registered nurses do before providing information to patients or their families?

Assess if the information is harmful Signup and view all the answers

What does the desire for respect and confidence among clients encourage registered nurses to do?

Maintain high ethical conduct Signup and view all the answers

What is the penalty for a mother who commits abortion to conceal her dishonor?

Imprisonment ranging from 2 years, 4 months and 1 day Signup and view all the answers

Which of the following best defines abortion in legal terms?

The termination of pregnancy before the fetus is viable Signup and view all the answers

What criminal penalty applies for intentional abortion with violence against the pregnant woman?

Imprisonment ranging from 12 years and 1 day to 20 years Signup and view all the answers

If an abortion is caused without the pregnant woman's consent but not through violence, what is the penalty?

Imprisonment from 6 years and 1 day to 12 years Signup and view all the answers

What is the maximum penalty for a pregnant woman who performs an abortion on herself?

Imprisonment for 4 years and 4 months Signup and view all the answers

What is the penalty if parents cause an abortion with the woman's consent to conceal her dishonor?

Imprisonment from 2 years, 4 months and 1 day to 6 years Signup and view all the answers

How is 'unintentional abortion' defined in terms of its penalty?

It involves a penalty of 6 months and 1 day to 4 years and 2 months Signup and view all the answers

A woman who expels the fetus after it has reached viability is experiencing what condition?

Miscarriage Signup and view all the answers

Study Notes

Nursing Ethics

A branch of science that deals with the duties of a nurse toward colleagues, other professions, coworkers, clients, patients, and the public at large.
Refers to the conduct or behavior of nursing practitioners that is customary due to public approval or established practice within the profession.
It is a system of principles governing the conduct of nurses, relating to the nurse-patient relationship, patient family, associates, fellow nurses and society in general.

Universal Principles of Biomedical Ethics

Autonomy: Promotes self-determination and freedom to choose (informed consent).
Veracity: Telling the truth.
Beneficence: Actions benefitting others, based on the Hippocratic Oath ("to apply measures to benefit the sick").
Non-Maleficence: Duty to avoid harming patients, based on the Hippocratic Oath ("do no harm").
Paternalism: One individual assumes the right to make decisions for another.
Justice: Treat all justly, fairly, and equally.
Confidentiality: Keeping privileged information private.
Fidelity: Keeping one's word of honor; loyalty to commitments and oaths; reliability.
Principle of Double-Effect: An action that is good in itself can have unintended yet foreseen evil effects—it is permissible if there is a due proportion between the intended good and allowed evil.

Code of Ethics for Nurses

Established after consultation in Iloilo City in October 2013 by the Philippine Nurses Association, Inc. (PNA), adopting a new Code of Ethics under Republic Act 9173.
The Board of Nursing (BON) has the power to promulgate the Code of Ethics, in coordination with PNA, under Article III of Republic Act 9173.
Health is a fundamental human right, and the Filipino registered nurse's primary responsibility is to preserve health through promotion, prevention, alleviation of suffering, and restoration.
Nurses are advocates for patients, ensuring their rights and privileges are respected.
Nurses should share relevant patient information with patients or their families, except information deemed harmful.
Nurses uphold the patients' rights and existing laws, rules, regulations, principles of moral conduct and decorum.
Nurses should not participate in advertisements that demean their profession.
Nurses should not accept gifts, favors, or hospitality that might take advantage of patients.
Nurses should not ask for or accept commissions from referring patients to other healthcare professionals.

Legal Aspects of Nursing

Law is "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong."
Public Law:
- Criminal law: Deals with the nature, extent, and degrees of crimes and necessary penalties.
- International law: Regulates interactions between nations. Public international law governs the conduct of states, while private international law deals with conflicts in legal situations involving multiple states.
Private Law:
- Civil law: Organizes families and regulates property.
- Commercial law: Relates to property rights and business dealings in commerce.
- Remedial law: Prescribes methods for enforcing rights and seeking redress for wrongs.
Bill: A draft of a law submitted for consideration by a legislative body for its adoption.
Enrolled Bill: A printed bill that has been approved by Congress, authenticated, and signed by the Senate President, Speaker, and Secretaries of respective chambers, and approved by the President.
Bill Adoption Process: Introduction, First Reading, Committee referral, Consideration, Second Reading, Third Reading, Conference Committee (if needed), Submission to the President, Enactment.
Legal Right: A right in civil society that a person is entitled to have or do, or receive from others, within legal limits prescribed by law.
Court of Justice: A body in the government to which the public administration of justice is delegated, a place for judicial (legal) administration of justice for a state. Court of Law: A duly constituted tribunal that interprets and applies the laws of the state or nation. Court of Equity: A court that handles controversies in accordance with equity's rules, principles, and precedents.
Purpose of Courts: Provide forum to settle disputes. Determine guilt/innocence in offenses against society.
Jurisdiction is a court's legal power or authority to hear a case.
Venue* is where a court case should be tried.
Remedy is a means for enforcing a right or addressing an injury.
Extraordinary remedy: one that is available and appropriate in exceptional circumstances

Legal Remedies

Ordinary remedy: A legal action in a court where one party prosecutes another for the enforcing rights, or preventing/redressing of a wrong. All other remedies are considered special proceedings.
Extraordinary remedy: Remedies other than ordinary legal actions for exceptional circumstances.
Provisional remedy: A temporary legal action to preserve a right or prevent irreparable harm while a case is ongoing.

Services of Process

Process: A means for compelling the appearance of a defendant in court or for compliance with court demands.
Service of process: The delivery of legal notices to a defendant in order for them to be accountable in the proceedings.
Warrant: A written order from a competent authority instructing a specific act.
Search warrant: A written order allowing an officer to search for and seize specific items related to a crime.

Summons and Subpoena

Summons: A legal notice for an individual to appear in court to respond to legal proceedings.
Subpoena: A legal notice for a witness to appear in court to give testimony and/or to bring relevant documents.
Subpoena duces tecum: A subpoena that requires a witness to both come and bring certain documents or materials.

Damage and Damages

Damage: Loss, injury, or harm; An act of negligence, design, accident, or another's wrongful action.
Damages: Monetary compensation awarded to compensate for losses/injuries caused.

RA 9173 or The Nursing Act of 2002

An act providing for a more responsive nursing profession.
Repeals Republic Act No. 7164, otherwise known as the "Philippine Nursing Act of 1991".

Article III: Organization of the Board of Nursing

The Board of Nursing is composed of a chairperson and six members appointed by the Philippine president to ensure the required qualifications of the board's personnel.

Qualifications of BON

Natural-born Filipino citizen.
Member of PNA/APO.
Registered Nurse (RN).
Master's degree.
10 years of continuous practice in the Philippines.
Not convicted of any crime.

Section 4: Qualifications of the Chairperson and Members of the Board

Natural born citizen of the Philippines.
Member of good standing of the registered nurse organization.
Registered Nurse and holder of a master's degree in nursing education or other allied medical profession.
At least 10 years of continuous practice in the Philippines and prior to appointment.
Not convicted of a crime involving moral turpitude.

Section 5: Requirements Upon Qualification as Member of the Board of Nursing

Resign from teaching or employment positions in government or private organisations in the area of nursing.

Section 7: Compensation of the Board Members

Salaries and allowances of the members of the board.

Section 8: Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services

Administrative supervision and custody of the board's records and documents.

Section 9: Powers and Duties of the Board

Powers dealing with the licensure examination for nurses.

Section 10: Annual Report

The annual report to the President of the Philippines, detailing board proceedings and accomplishments.

Section 11: Removal or Suspension of Board Members

Grounds for removal or suspension of board members.

Section 12 & 13: Examination and Registration and Qualifications for Admission to the Licensure Examination:

Examination procedures and requirements for applicants, including the qualifications (citizenship, character, degree).

Section 14 & 15: Scope of Examination and Ratings:

Examination scope, and how examinees are graded.

Section 16: Oath

Oath-taking requirements for successful candidates in the examination.

Section 17: Issuance of Certificate of Registration/Professional License

Procedures for issuing a certificate of registration and a license to practice.

Section 18-20: Fees, Automatic Registration, Recognition by Reciprocity

Procedures for paying applicable fees, automatic registration, and registration by reciprocity.

Section 21: Practice Through Special/Temporary Permit

Criteria for allowing nurses from foreign countries/states to practice here.

Section 22: Non-registration

Causes preventing an individual from registering as a nurse.

Section 23: Revocation and Suspension

Grounds for the revocation or suspension of a nurse's certificate or license.

Section 24: Re-issuance and Replacement of Lost Certificates

Conditions to re-issue a revoked certificate or to replace one that has been lost/destroyed.

Section 25: Nursing Education Program

Framework for nursing education programs.

Section 26: Requirement for Inactive Nurses Returning to Practice

Qualification requirements for inactive nurses returning to the nursing profession.

Section 27: Qualifications of the Faculty

Requirements for faculty teaching in nursing colleges.

Section 28: Scope of Nursing Practice

Scope of nursing practice in the different settings, including responsibilities towards healthy communities and people.

Section 29: Qualification of Nursing Service Administrators

Qualifications for those administering nursing services.

Section 30 : Studies for Nursing Manpower Needs, Production, Utilization and Development

Study requirements for nursing manpower.

Section 31: Comprehensive Nursing Specialty Program

Requirements for a comprehensive course in specialty nursing

Section 32: Salary

Minimum salaries for public health workers.

Section 33: Funding for the Comprehensive Nursing Specialty Program

Financing for the comprehensive nursing specialty program.

Section 34: Incentives and Benefits

Incentives offered to public health workers and their dependents.

Article VIII: Penal and Miscellaneous Provisions

Section 35: Prohibitions in the Practice of Nursing:
- Penalties for practicing without the necessary license/registration. (further subsections list other prohibited practices and associated penalties)
Further subsections detail specific prohibited behaviors and associated criminal penalties.

Legal Responsibilities of Nurses

Nursing Jurisprudence is the body of law that regulates nursing practice.
It includes the study and interpretation of legal rules and principles relating to nursing.

Nursing Legislation

Legislation relating to the practice of nursing.

Nurses and Criminal Liability - Felonies

Acts/omissions punishable by law (committed intentionally/through fault).

Criminal Liability

Incurring liability through criminal acts (committed intentionally/through fault), even when the resultant harm is different from what was intended.

Classification of Felonies

Types of felonies (consummation, frustration, attempt).

Grave Felonies

Those felonies with capital punishment (death) or afflictive penalties (imprisonment of 6 years and 1 day to life, or fines over P6,000).

Light Felonies

Those with minor penalties (e.g., arrest for a minor period, fine below P200).

Conspiracy to Commit a Crime

Participation in an agreement to commit a felony.

Classification of Criminally Liable Persons

Principals: Those directly involved in the commission of a crime, by participation, inducement, or cooperation, that was essential for its conclusion.

Accomplices

Persons who, without participating directly, aid in the commission (e.g., assisting in execution before or during)

Accessories

Persons who aid in the crime, after its commission (e.g. assisting in escape).

Circumstances Affecting Criminal Liability - Justifying Circumstances

Circumstances where a criminal act may not be considered criminal.

• Unlawful Aggression: Hostile or violent behavior on the part of the offended person which justifies the actions needed to defend oneself.

• Reasonable Necessity: The means used to prevent the unlawful aggression must be reasonable.

• Lack of sufficient provocation: Provocation on the part of the accused is not considered.

Circumstances Affecting Criminal Liability - Exempting Circumstances

Situations where a person is not held liable for committing a crime, regardless of criminal intent or willfulness.

Mitigating Circumstances

Circumstances that reduce the severity/penalty of a committed crime

Aggravating Circumstances

Circumstances that enhance the penalty of a crime

Alternative Circumstances

Additional circumstances that affect how a crime is judged (e.g. relationship between parties, intoxication state if habitual or subsequent to the crime's planning).

Nurses and Crimes

Definitions of parricide and murder.
Conditions that make a crime of murder punishable by death rather than reclusión perpetua.
Definitions of homicide, infanticide, and abortion.
Penalties for intentional and unintentional abortion, including who can be held responsible (e.g. physician/midwife, woman, parents).

Child Abuse

Definition of child abuse (physical, moral, or mental harm).
Details of what actions/omissions constitute child abuse.

Sexual Harassment

Definition of sexual harassment.
Description of various acts that could constitute sexual harassment (e.g; comments/gestures, requesting sexual favors, unwelcome touching, creation of a hostile environment).

Illegal Detention

Definition of illegal detention.
Circumstances that increase the severity of the penalty, including the duration of detention (over 5 days), the imitation of public authority, injury to the victim, or the victim being a minor.
Penalties (prison or death).

Criminal Negligence

Definition of culpable negligence.
Circumstances in which negligence is a punishable crime (recklessness, disregard for safety of others, indifference to harm, resulting in personal injury, or death).

Reckless Imprudence

Acts of negligence committed in circumstances punishable as criminal acts regardless of intent or willfulness.
Types of recklessness (simple/grave).

Misdemeanor

Offenses that are not felonies. (e.g practices nursing without a license or registration)

Professional Negligence

Definition of professional negligence.
Elements of negligence to confirm the duty was breached, leading to a violation.

Doctrine of Res Ipsa Loquitor

Legal doctrine where negligence can be inferred if an event normally does not happen unless someone was negligent.

Malpractice

Acts that are considered negligent or improper in nursing care.

Doctrine of Respondeat Superior

Legal doctrine holding an employer responsible for the negligent acts of employees within the scope of their employment, in cases of nurse or midwife incompetence.

Other Laws Affecting The Nursing Profession and The Nurse

Magna Carta for Public Health Workers (Republic Act 7305)
The legislation's purpose is to enhance working conditions, skills, and capabilities relevant to health workers in improving social and health conditions.

Recruitment and Qualification Under RA 7305

Guidelines for recruitment and qualification of personnel, according to policies and standards of the respective government agencies (Civil Service Commission).

Performance Evaluation and Merit Promotion

Guidelines for developing and implementing performance evaluation and merit promotion for public health workers.

Transfer/Geographical Reassignment of Public Health Workers

Guidelines on policy for transfers or reassignments of public health workers.

Married Public Health Workers

Policy designed to support married couples who are public health workers in order to work and reside in the same locality or municipality.

Discrimination Prohibited

Guidelines relevant to public health professions prohibiting discrimination in the employment context (e.g. gender, religion, nationality, age, etc.)

Administration Charges.

Procedure of handling administrative charges against public health workers.

Safeguards in Disciplinary Procedures

Safeguards for public health workers' rights in disciplinary proceedings.

Duties and Obligations

Encompasses several enumerated responsibilities of public health workers.
The "Code of Conduct" is defined as a set of regulations or guidelines to ensure ethical behavior and conduct by public health employees.

Normal Hours of Work

Guidelines for work hours in the public health sector (up to 8 hours/day, 40 hours/week).

Overtime Work

Guidelines for compensation and practices when working more than normal hours, including additional compensation for work on rest days or special holidays.

Night-Shift Differential

Additional compensation for work during night shifts in public health institutions.

Additional Compensation

Additional payments and benefits (hazard, subsistence allowances, longevity pay, laundry allowance, etc.) given to public health workers.

Remote Assignment Allowance

Incentives for public health workers accepting assignments in remote areas (e.g. bonus, transportation reimbursements).

Leave Benefits

Provisions related to leave benefits (vacation, sick leave, maternity/parental leave, adoption leave).

Highest Basic Salary Upon Retirement

Rules pertaining to the calculation of retirement benefits.

Freedom from Interference or Coercion

Guidelines relevant to avoiding interference with public health workers (e.g. employment).

Labor Code: PD 442 of 1974 (FAQs)

Answers to frequently asked questions regarding employment laws (discriminations, specific laws against discrimination relevant to employment and employment rights.

Solo Parents' Welfare Act, Indigenous Peoples' Rights Act, Anti-Sexual Harassment Act, Mental Health Act, Philippine HIV and AIDS Policy Act

Legislative and legal guidelines on preventing discrimination in the hiring and employment contexts, for certain identified groups (solo parents, Indigenous populations, people with disabilities, and sexual orientation).

Enforcement Agencies

Main policy-making and administrative bodies for employment-related issues in the public sector, including the public health field.

Worker Representation

Legal framework and policy governing the establishment and operation of labor organizations or unions for a better gainful employment context.

Medical Examinations.

Requirements/restrictions for medical examinations in employment.

Drug and alcohol testing.

Guidelines concerning drug and alcohol testing of applicants or employees.

Hiring of employees.

Guidelines/requirements for creating a written employment agreement.

The Rules and Regulations Implementing the Act Providing for the Elimination of the Worst Forms of Child Labour

Regulations pertaining to job contracts and hiring of minors/employing of minors in employment settings (public entertainment, information)

Probationary period

Maximum length of probationary period for employment.

Terms of employment

Guidelines/conditions regarding working hours (e.g., normal hours, overtime, rest days, special restrictions on minors).

Overtime pay.

Pay provisions in cases where employees work extended hours (e.g., overtime pay rates, additional compensation)

Vacation and holidays.

Provisions determining the right to vacation leaves.
Calculation of overtime pay for work during holidays.

Sick leave and sick pay.

Regulations and guidelines on sick leave and sick pay benefits.

Leave of Absence

Guidelines for taking leaves of absence

Mandatory employee benefits.

Enumerate mandated benefits in the public sector, including specific benefits for certain categories of workers.

Rooming-in and breastfeeding act

Policy to encourage mothers to practice rooming-in and breastfeeding.

Philippine Milk Code of 1986 or Executive Order 51

Policy on the marketing of breast milk substitutes.

International Code of Marketing of Breastmilk Substitutes

Guidelines on how formula milk is marketed

Republic Act 9994 "Expanded Senior Citizens Act of 2010"

Details the benefits granted to senior citizens, including discounts on goods and services, medical/dental services, and transportation.

Sexual Harassment Act of 1995 (Republic Act No. 7877)

Defines sexual harassment and imposes penalties (e.g., imprisonment, fine).

Clean Air Act (Republic Act No. 8749)

Definitions of ‘air pollutant’ and ‘air pollution’, clarifying and outlining the Act.

Local Government Code (RA 7160)

Overview of the local government structure and how the states ensures more responsibility for the local government.

Dangerous Drugs Act (Republic Act No. 9165)

Dangerous substances/types of drugs/medications are included in the schedules annexed to the 1961 Single Convention on Narcotic Drugs (and other amendments).

Medical Orders, Drugs, and Medications (RA 6675)

Guidelines and requirements for prescribing drugs (e.g., need for a written order including the prescriber's details and patient details)

Nurses and Wills

Overview of succession as a legal process
Definitions of 'Decedent', 'Testator', and 'Estate'
Details on what acts/conditions make a will valid or invalid / disallowed by law.

Elements to be included in consent for medical treatment, including,diagnosis,procedure descriptions, alternatives,benefits and risks, prognosis

How consent is proved legally including a written document for such procedure.
If a patient is not competent, who gives legal consent?

Legal requirements regarding consent if the patient is a minor/incapacitated.

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Test your knowledge on the structure and responsibilities of the Nursing Board. This quiz covers key aspects such as the roles of the Chairperson and Members, their powers, duties, and compensation. Understand the administrative supervision under which the Board operates.