Philippine Nursing Laws PDF

RELATED LAWS AND POLICIES IN PUBLIC HEALTH NCM 104 LEARNING OUTCOME Apply ethical reasoning and decision-making Adhere to ethico-legal considerations when process to address situations of ethical providing safe, quality, an...

RELATED LAWS AND POLICIES IN PUBLIC HEALTH NCM 104 LEARNING OUTCOME Apply ethical reasoning and decision-making Adhere to ethico-legal considerations when process to address situations of ethical providing safe, quality, and professional distress and moral dilemma. nursing care. Adhere to established norms of conduct based on the Philippine Nursing Law and of Rights and Obligations” other legal, regulatory, and institutional Implement strategies/ policies related to requirements relevant to safe nursing practice. informed consent as it applies in multiple Protect client rights based on “Patient’s Bill contexts. CONTENTS RA 9173: Philippine Nurses Act RA 7305: Magna Carta for Public Health Worker RA 11332: Law on Reporting of Communicable Diseases PD 856: Sanitation Code RA 8749: Clean Air Act RA 6675: Generic Act RA 7875: National Health Insurance Act RA 7432: Expanded Senior Citizen’s Act of 2003 RA 9165: Revised Dangerous Drugs Law RA 10028: Breastfeeding Act REPUBLIC ACT 9173: PHILIPPINE NURSING ACT REPUBLIC ACT 9173: An act providing for a more responsive nursing profession, repealing for the purpose PHILIPPINE Republic Act no. 7164, NURSING ACT known as "the Philippine nursing act of 1991"  State to assume responsibility for the protection and improvement of the nursing Appointed by the profession by instituting measures that will result in relevant nursing education, humane president of the working conditions, better career prospects and a dignified existence for our nurses. Republic of the ARTICLE III: ORGANIZATIO N OF THE BOARD OF NURSING Philippines Board, to be QUALIFICATIO NS OF THE CHAIRPERSON AND MEMBERS OF THE BOARD composed of a Be a natural born citizen and resident of the Philippines; Chairperson and six (6) Be a member of good standing of the accredited professional organization of nurses members Be a registered nurse and holder of a master's degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the Government involving moral turpitude; Provided, That the membership to the Board shall represent the Have at least ten (10) years of continuous three (3) areas of nursing, namely: nursing practice of the profession prior to appointment: education, nursing service and community health Provided, however, That the last five (5) years of nursing which shall be in the Philippines; Not have been convicted of any offense SECTION 5. REQUIREMENTS UPON QUALIFICATION AS MEMBER OF THE BOARD OF NURSING. Appointed Chairperson or Member of the Board shall immediately resign from any teaching position in any school, college, university or institution offering BSN and/or review program for the local nursing board examinations or in any office or employment in the government or any subdivision, agency or instrumentality. The Chairperson and Members of the Board SECTION 6. TERM OF shall hold office for a term of three (3) years OFFICE  and qualified And may be re-appointed for another term Until their successors shall have been appointed SECTION 7. COMPENSATION OF THE BOARD MEMBERS The Chairperson and Members of the Board shall receive compensation and allowances comparable to  the compensation and allowances received by the Chairperson and members of other professional regulatory boards. SECTION 8. ADMINISTRATIVE SUPERVISION OF THE BOARD, CUSTODIAN OF ITS RECORDS, SECRETARIAT AND SUPPORT SERVICES All records of the Board, including applications for examinations, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act. Conduct the licensure examination for nurses Issue, suspend or revoke certificates of registration for the practice of nursing Monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical and technical, moral and  professional standards in the practice of nursing taking into account the health needs of the nation Ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open nursing courses to ensure that standards of nursing education are properly complied with and maintained at all times. SECTION 9. POWERS AND DUTIES OF THE BOARD Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act, or its rules and regulations Promulgate a Code of Ethics in coordination and consultation with the accredited professional organization of nurses Recognize nursing specialty organizations in coordination with the accredited professional organization Prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions as  may be necessary for the improvements of the nursing practice, advancement of the profession and for the proper and full enforcement of this Act subject to the review and approval by the Commission. SECTION 9. POWERS AND DUTIES OF THE BOARD ARTICLE IV: EXAMINATION AND REGISTRATION SECTION 12. LICENSURE EXAMINATION All applicants for license to practice nursing shall be required to pass a written examination, which shall be given by the Board in such places and dates as may be designated by the Commission: Provided, That it shall be in accordance with Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000." SECTION 13. QUALIFICATIONS FOR ADMISSION TO THE LICENSURE EXAMINATION. In order to be admitted to the examination for nurses, an applicant must, at the time of filing his/her application, establish to the satisfaction of the Board that: (a) He/she is a citizen of the Philippines b) He/she is of good moral character  (c) He/she is a holder of a Bachelor's Degree in Nursing from a college or university SECTION 14. SCOPE OF FIVE PARTS WILL TEST EXAMINATIO N THE The scope of the KNOWLEDGE, SKILLS AND ATTITUDE OF AN examination for the EXAMINER ON Fundamentals of Nursing practice of nursing in including Professional the Philippines shall Adjustment be determined by the Maternal and Child Board. Health Nursing Community Health and Aged Communicable Disease Mental Health and Nursing Nursing of Psychiatric Nursing Adolescents, Adults and FIVE PARTS THAT CONTAINS ONE HUNDRED (100) QUESTIONS. Nursing Practice I: Basic Foundation of Nursing and Professional Nursing Practice (100 items) Nursing Practice II: Community Health Nursing and Care of the Mother and Child (100 items) Nursing Practice III: Care of Clients with Physiologic and Psychosocial Alterations, Part A (100 items) Nursing Practice IV: Care of Clients with Physiologic and Psychosocial Alterations, Part B (100 items)  Nursing Practice V: Care of Clients with Physiologic and Psychosocial Alterations, Part C (100 items) SECTION 15. RATINGS In order to pass the examination, an examinee must obtain a general average of at least seventy five percent (75%) with a rating of not below sixty percent (60%) in any subject. SECTION 16. OATH  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 SECTION 23. REVOCATION AND SUSPENSION OF CERTIFICATE OF REGISTRATION/PROFESSIO N AL LICENSE AND CANCELLATION OF SPECIAL/TEMPORARY PERMIT THE BOARD (d) For malpractice or negligence in the practice SHALL HAVE THE POWER TO of nursing; REVOKE OR SUSPEND THE CERTIFICATE OF (e) For the use of fraud, deceit, or false REGISTRATION/PR OFESSIONAL statements in obtaining a certificate of LICENSE OR registration/professional license or a CANCEL THE temporary/special permit; SPECIAL/TEMPOR ARY PERMIT OF A NURSE UPON ANY OF THE (f) For violation of this Act, the rules and FOLLOWING regulations, Code of Ethics for nurses and GROUNDS: technical standards for nursing practice, policies (a) For any of the causes mentioned in the of the Board and the Commission, or the preceding section; (b) For unprofessional and conditions and limitations for the issuance of the temporarily/special permit; unethical conduct; (g) For practicing his/her profession during (c) For gross incompetence or serious ignorance; his/her suspension from such practice. The Board may, after the expiration of a maximum of four (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 therefore and the payment of the required fees, issue another copy of the certificate of  registration/professional license. SECTION 24. RE-ISSUANCE OF REVOKED CERTIFICATES AND REPLACEMENT OF LOST CERTIFICATES ARTICLE V: NURSING EDUCATION SECTION 25. NURSING EDUCATION PROGRAM  The learning experiences shall adhere strictly to The nursing education curriculum as promulgated program shall provide sound by the Commission on general and professional Higher Education's policies foundation for the practice of and standards of nursing nursing education specific requirements embodied in the prescribed SECTION 26: REQUIREMENT FOR INACTIVE NURSES RETURNING TO PRACTICE Nurses who have not actively practiced the profession for five (5) consecutive years are  required to undergo one (1) month of didactic training and three (3) months of practicum. The Board shall accredit hospitals to conduct the said training program. SECTION 27: specialization (c) Be a member of good standing in the QUALIFICATIONS OF THE FACULTY accredited professional organization of nurses A member of the faculty in a college of nursing (d) Be a holder of a master's degree in nursing, education, teaching professional courses must: or other allied medical and health sciences conferred by a (a) Be a registered nurse in the Philippines college or university (b) Have at least one (1) year of clinical practice in a field of ARTICLE VI: NURSING PRACTICE SECTION 28. SCOPE OF NURSING A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting. It includes, but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age.  As independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness. A members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death. IT SHALL BE THE DUTY OF THE NURSE TO: (a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited to: Traditional and innovative approaches, Therapeutic use of self, Executing health care techniques and procedures, Essential primary health care, Comfort measures, Health teachings, and Administration of written prescription for treatment, therapies, oral topical and parenteral  medications, Internal examination during labor in the absence of antenatal bleeding and delivery. IT SHALL BE THE DUTY OF THE NURSE TO: (b) establish linkages with community resources and coordination with the health team (c) Provide health education to individuals, families and communities (d) Teach, guide and supervise students in nursing education programs including the administration of nursing services in varied settings such as hospitals and clinics (e) Undertake nursing and health human resource development training and research, which shall include, but not limited to, the development of advance nursing practice SECTION 29. QUALIFICATION OF NURSING SERVICE ADMINISTRATORS A person occupying supervisory or managerial positions requiring knowledge of nursing must: (a) Be a registered nurse in the Philippines; (b) Have at least two (2) years’ experience in general nursing service administration; (c) Possess a degree of Bachelor of Science in Nursing, with at least nine (9) units in management and administration courses at the graduate level (d) Be a member of good standing of the accredited professional organization of nurses POSITION OF CHIEF NURSE OR DIRECTOR OF NURSING SERVICE QUALIFICATIONS SHOULD POSSESS: (1) At least five (5) years of experience in a supervisory or managerial position in nursing;  (2) A master's degree major in nursing ARTICLE VIII: PENAL AND MISCELLANEOUS PROVISIONS SECTION 35. PROHIBITIO NS IN THE PRACTICE OF NURSING. or imprisonment of not A fine of not less than less than one (1) year nor Fifty thousand pesos more than six (6) years, or (P50,000.00) nor more both, upon the discretion than One hundred of the court, shall be thousand pesos imposed upon: (P100,000.00) (A) ANY PERSON PRACTICING NURSING IN THE PHILIPPINES WITHIN THE MEANING OF THIS ACT: (1) without a certificate of registration/professional license and professional identification card or special temporary permit or without having been declared exempt from examination in accordance with the provision of this Act (2) who uses as his/her own certificate of registration/professional license and professional identification card or special temporary permit of another; or (3) who uses an invalid certificate of registration/professional license, a suspended or revoked certificate of registration/professional license, or an expired or cancelled special/temporary permits; (4) who gives any false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit (5) who falsely poses or advertises as a registered and licensed nurse or uses any other means that tend to convey the impression that he/she is a registered and licensed nurse (6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar appendage to his/her name without having been conferred said degree or registration 7) who, as a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing. (A) ANY PERSON PRACTICING NURSING IN THE PHILIPPINES WITHIN THE MEANING OF THIS ACT: REPUBLIC ACT 7305: MAGNA CARTA FOR PUBLIC HEALTH WORKER REPUBLIC ACT Also known as “Magna Carta of Public Health Workers” 7305: MAGNA SEC 2. Declaration of Policy and Objective. CARTA FOR PUBLIC among our people to effectively carry out the The State shall instill health consciousness HEALTH health programs and projects of the government essential for the growth and health of the nation. WORKER RA 7305 AIMS: (a) To promote and improve the social and economic well-being of the health workers, their living and working conditions and terms of employment (b) To develop their skills and capabilities in order that they will be more responsive and better equipped to deliver health projects and  programs (c) To encourage those with proper qualifications and excellent abilities to join and remain in government service. SEC. 3. DEFINITION Health Workers” mean all persons who are: engaged in health and health-related work all persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics and other health-related establishments owned and operated by the Government or its political subdivisions with original charters and shall include medical, allied health professional, administrative and support personnel employed regardless of their employment status. SEC. 4. minimum requirements in accordance RECRUITMENT AND with policies and standards of the Civil QUALIFICATIO N. Service Commission. a public worker must meet the  It is necessary to fill a vacancy; a Temporary appointment shall not temporary appointment shall be exceed twelve (12) months nor be less issued to the person who meets all the than three (3) months renewable requirements SEC. 5. PERFORMANCE EVALUATION AND MERIT PROMOTION all public health personnel shall include provisions on merit promotion, performance evaluation, in service training grants, job rotation, suggestions and incentive award system. SEC. 6. TRANSFER OR GEOGRAPHICAL b) A geographical reassignment, hereinafter referred to as “reassignment,” is a movement from one geographical REASSIGNMENT location to another OF PUBLIC HEALTH c) a public health worker shall not be transferred and or reassigned, except WORKERS when made in the interest of public service, in which case, the employee concerned shall be informed of the a) A transfer is a movement from one reasons therefore in writing. position to another which is of equivalent rank, level or salary without break in service SEC. 7. MARRIED PUBLIC HEALTH WORKERS  Whenever possible, in the same married couples, municipality, but not in whom are both public the same office. health workers be employed or assigned SEC. 8. SECURITY OF TENURE PHW be entitled to reinstatement without loss of  Regular employment of public found by the Civil Service computed from the time health workers, their services Commission to be unjustly his/her compensation was shall not be terminated except dismissed from work, withheld from him/her up to for cause provided by law and seniority rights and to his/her the time of reinstatement after due process back wages with twelve percent (12%) interest If a public health worker is SEC. 9. against with regard to gender, civil status, creed, religious or political beliefs and ethnic DISCRIMINATIO N groupings in the exercise of his/her profession. PROHIBITED A public worker shall not be discriminated SEC. 10. NO UNDERSTAFFING/OVERLOADING OF HEALTH STAFF There shall be no understaffing or overloading of public health workers. The ratio of health staff to patient load shall be such as to reasonably effect a sustained delivery of quality health care at all times without overworking the public health worker and  overextending his/her duty and service. Health students and apprentices shall be allowed only for purposes of training and education. SEC. 11. ADMINISTRATIVE CHARGES Administrative charges against a public health worker shall be heard by a committee composed of the provincial health officer of the province where the public health worker belongs, as chairperson, a representative of any existing national or provincial public health workers’ organization or in its absence its local counterpart and a supervisor of the district, the last two (2) to be designated by the provincial health officer mentioned above. The committee shall submit its findings and recommendations to the Secretary of Health within thirty (30) days from the termination of the hearings. Where the provincial health officer is an interested party, all the members of the committee shall be appointed by the Secretary of Health. ANY PUBLIC HEALTH WORKER MAY BE REQUIRED TO RENDER  SERVICE BEYOND THE NORMAL EIGHT (8) HOURS A DAY, THE WORKERS SHALL BE PAID AN ADDITIONAL COMPENSATION IN ACCORDANCE WITH EXISTING LAWS AND PREVAILING PRACTICES SEC. 17. WORK work on any special holiday he/she shall be DURING REST DAY paid an additional compensation in a) Where a public health worker is made to accordance with existing laws. Where such work on his/her scheduled rest day, he/she holiday work falls on the worker’s scheduled shall be paid an additional compensation in rest day, he/she shall be entitled to an accordance with existing laws. additional compensation as may be provided by existing laws. b) Where a public health worker is made to SEC. 18. NIGHT-SHIFT DIFFERENTIAL  a) Every public health worker shall be paid night-shift differential of ten percent (10%) of his/her regular wage b) Every health worker required to work on the period covered after his/her regular schedule shall be entitled to his/her regular wage plus the regular overtime rate and an additional amount of ten percent (10%) of such overtime rate for each hour of work performed between ten (10) o’clock in the evening to six (6) o’clock in the morning. SEC. 19. SALARIES Republic Act No. 6758 shall govern, except that the benchmark for Rural Health In the determination of the salary scale of Physicians shall be upgraded to Grade 24. public health workers, the provisions of SEC. 20. ADDITIONAL COMPENSATION Public health workers shall receive the following allowances: hazard allowance, subsistence allowance, longevity pay, laundry allowance and remote assignment allowance. below, physicians as SEC. 21. Hazard ▪ five percent (5%) for ▪ Public health enjoyed by Allowance. municipal health workers with workers is entitled ▪ Hazard allowances salary grade 20 and to full subsistence agriculturists, equivalent to at above allowance of three municipal planning least (25%) of the SEC. 22. (3) meals and development monthly basic Subsistence ▪ Travel allowance officers and budget salary of health Allowance shall be given to officers. workers receiving rural health SEC. 23. Longevity salary grade 19 and Pay  of continuous, workers who are ▪ The rate shall be A monthly efficient and required to wear reviewed longevity pay meritorious uniforms regularly periodically and equivalent to five services shall be entitled to increased percent (5%) of the SEC. 24. Laundry laundry allowance accordingly by the monthly basic pay Allowance equivalent to One Secretary of Health shall be paid to a hundred twenty- five health worker for ▪ All public health pesos (P125.00) every five (5) years per month SEC. 27. Medical Examination SEC. 29. Leave Benefits for Public Health SEC. 28. Compensation for Injuries Workers SEC. 30. Highest Basic Salary Upon Public health workers are entitled to such Retirement vacation and sick leaves as provided by existing Compulsory medical examination shall be laws and prevailing practices provided free of charge to all public health workers before entering the service in the Government Three (3) months prior to the compulsory retirement, the public health worker shall automatically be granted one Public health workers shall be protected against the (1) salary range or grade higher than his/her basic salary consequences of employment injuries in accordance with and his/her retirement benefit, computed on the basis of existing laws. his/her highest salary Injuries incurred while doing overtime work shall be presumed work connected. ACT 11332: MANDATORY REPORTING OF NOTIFIABLE DISEASES AND HEALTH EVENTS OF PUBLIC HEALTH CONCERN ACT  The Department of barangay levels, to report the people Health (DOH) urged all all public health threats private and public health and emergencies to the It aims to protect workers, especially at the DOH to continuously people from public municipal, provincial and promote the welfare of  health threats health concern. counterparts as the first through the efficient line of defense against Recognizes the disease epidemics or any events and effective disease surveillance and that may pose a health surveillance of response systems of the threats to the public. diseases of public DOH and its local Public health emergency refers to an occurrence or imminent threat of an illness or health condition that: (1) Is caused by any of the following: Bio terrorism Appearance of a novel or previously controlled or eradicated infectious agent or biological toxin A natural disaster A chemical attack or accidental release A nuclear attack or accident An attack or accidental release of radioactive materials (2) Poses a high probability of any of the following: A large number of deaths in the affected population; A large number of serious injuries or long-term disabilities in the affected population; Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large number of people in the affected population; International exposure to an infectious or toxic agent that poses a significant risk to the health of citizens of other countries; or  Trade and travel restrictions PRESIDENTIAL DECREE 856: CODE ON SANITATION