Legal Aspects In Nursing PDF
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Uploaded by SmittenNickel
2024
Minda Boclog-Bahug
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Summary
These lecture notes cover the legal and ethical aspects of nursing practice. The document outlines ethical values, obligations, and duties, and introduces key ethical concepts. It also covers different ethical leadership qualities.
Full Transcript
LEGAL ASPECTS IN NURSING MINDA BOCLOG- BAHUG, RN, MAN ASSISTANT PROFESSOR 12/16/2024 Compilation of lecture Notes...sources acknowledged 1 ETHICO – MORAL Succinct statement of the ethical values, obligations, duties a...
LEGAL ASPECTS IN NURSING MINDA BOCLOG- BAHUG, RN, MAN ASSISTANT PROFESSOR 12/16/2024 Compilation of lecture Notes...sources acknowledged 1 ETHICO – MORAL Succinct statement of the ethical values, obligations, duties and professional ideals of nurses individually and collectively. It is the profession’s non – negotiable ethical standard and the expression of nursing’s own understanding of its commitment to society 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 2 ETHICO – MORAL VALUES – Freely chosen, enduring beliefs or attitudes about the worth of a person, object, idea, or action ( e.g. freedom, family, honesty, hard work) – Derive from a person’s cultural, ethnic, and religious background; societal traditions, peer group or family 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 3 4 values of nursing Strong commitment to service Belief in the dignity and worth of each person Commitment to education Autonomy 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 4 Purposes of Value Clarification Increases self-awareness or understanding of ourselves and assist us in making choices Facilitates decision-making, because we a better grasp of our own value system Helpful when faced with ethical dilemma 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 5 Purposes of Value Clarification ETHICAL DILEMMA – occurs when a person must choose between two unfavorable alternatives – Ex: assisted suicide; euthanasia 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 6 MORALS AND ETHICS MORALS – Latin word “MORES” meaning custom or habit – Based on religious beliefs and social influence and group norms MORALITY – Person’s personal standards of what is right and wrong in conduct, character, and attitude. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 7 MORALS AND ETHICS ETHICS – Greek word “ethos” meaning customs, habitual usage, conduct and character – Moral principles of fidelity and respect for the dignity, worth, and self determination of patients 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 8 Basic Ethical Concepts 1. Rights Legal, social, ethical principles of freedom or entitlement 2. Autonomy the right/freedom to decide(the patient has the right to refuse despite the explanation of the nurse) EX: surgery, BT 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 9 Basic Ethical Concepts 3. Beneficence and nonmaleficence – Beneficence is “DO GOOD” for the goodness and welfare of the clients – Nonmaleficence is “DOING NO HARM” to the patients. Nurses has the duty not to cause harm or inflict harm to the patients 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 10 Basic Ethical Concepts 4. JUSTICE – equality/fairness in terms of resources/personnel 5. VERACITY – The act of truthfulness 6. FIDELITY – Faithfulness/ loyalty to clients 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 11 ETHICAL LEADERSHIP Consist of what is right, wrong, good, evil, virtue, duty, rights, obligations, justice, fairness in human relationships with each other. This always directs people and communities toward the common good…towards justice 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 12 ETHICAL LEADERSHIP Two top Leadership Qualities: 1.Integrity being strongly committed to doing what he/ she knows right 2.Trustworthiness worthy of being trusted; honest, reliable, and dependable 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 13 ETHICAL LEADERSHIP Ethical leadership is both visible and invisible. Visible way leader works with and treats others , his behavior in public, statements and actions. Invisible lies in his character, decision making process, mindset, set of values and principles, courage to make ethical decisions in tough situations 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 14 ETHICAL LEADERSHIP Two elements: 1. Ethical leaders must act and make decisions ethically as must ethical people in general. 2. Ethical leaders must also lead ethically in the ways they treat people in every interaction, in their attitudes, in the ways they encourage and the direction they guide their people 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 15 COMPONENTS OF ETHICAL LEADERSHIP 1. Gratitude 2. Humility 3. Justice 4. Mercy and Compassion 5. Prudence and Objectivity 6. Magnanimity 7. Integrity and resilience 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 16 GRATITUDE Thankfulness and sincere joy expressed in response to a gift or a kind. Virtue that shows great humility in interacting with people and brings humanity into leadership as opposed to leadership being perceived merely as been a figurehead 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 17 HUMILITY This is the possession of modesty and unpretentiousness and lets employees know that the leader needs them. A humble leader acknowledges limitations and mistakes and attempts to correct them. It is perceived by employees to be a source of strength and confidence a leader has in them to perform their duties. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 18 JUSTICE Governs the behavior of individuals and makes them recognize the rights of others. In the workplace, organizational justice is a significant predictor of work attitudes and behaviors where equality is practiced It serves as a motivation to employees as it assures high performance as recognition and reward ensues.. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 19 MERCY AND COMPASSION These represents deep understanding a leader has of the difficulties subordinates may encounter in the execution of their duties. Compassion is being courageous towards the suffering of others rather than ignoring them and extending forgiveness to employees while also satisfying the mission of the organization.. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 20 PRUDENCE AND OBJECTIVITY Prudence is thoughtful deliberation prior to action; leader considers the ramifications of actions on all parties involved so detrimental effects be limited. Being prudent is not being “soft” or “slow” to action but rather being exact and deliberate in his actions. Prudence requires intelligence, patience, shrewdness and circumstantial understanding. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 21 MAGNANIMITY Leaders displays realistic vision, builds trust, is forgiving, recognizes achievement in subordinates, and is generous with his time leading the subordinates to emulate and perform for him. Having this virtue, subordinates tend to still perform well even in the physical absence of the magnanimous leader. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 22 INTEGRITY AND RESILIENCE “Integritas”, latin word, defines the personal values which directs a leader’s behavior in adherence to moral values regardless of religious background, is respected, admired and welcomed by employees as it denotes the expectation of fair play in all transactions In contrast to integrity, corruption works to create a dysfunctional organizational lacking in goals and employee commitment to goals. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 23 Ethical Principles in Nursing practice “Integritas”, latin word, defines the personal values which directs a leader’s behavior in adherence to moral values regardless of religious background, is respected, admired and welcomed by employees as it denotes the expectation of fair play in all transactions In contrast to integrity, corruption works to create a dysfunctional organizational lacking in goals and employee commitment to goals. 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 24 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 25 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 26 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 27 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 28 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 29 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 30 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 31 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 32 12/16/2024 Compilation Notes…..all contributors/ sources humbly acknowledged 33 NURSING CODE OF ETHICS Code of ethics is a formal statement of a group’s ideals and values It is a set of ethical principles that is shared by members of the group, reflects their moral judgments over time and serves as a standard for their professional actions. 12/16/2024 Compilation of lecture Notes...sources acknowledged 34 Purposes of Nursing Code of Ethics 1. To inform the public about the minimum standards of the profession and to help them understand professional nursing conducts 2. To provide a sign of the profession’s commitment to the public it serves 12/16/2024 Compilation of lecture Notes...sources acknowledged 35 Purposes of Nursing Code of Ethics 3. To outline the major ethical considerations of the profession 4. To provide general guidelines for professional behavior 5. To guide the profession in self – regulation 6. To remind nurses of the special responsibility they assume when caring for clients. 12/16/2024 Compilation of lecture Notes...sources acknowledged 36 Fundamental Responsibilities of Nurses 1. To promote health 2. To prevent illness 3. To restore health 4. To alleviate suffering 12/16/2024 Compilation of lecture Notes...sources acknowledged 37 Elements of Nursing Code of Ethics 1. Nurses and people 2. Nurses and practice 3. Nurses and the profession 4. Nurses and the co-workers 12/16/2024 Compilation of lecture Notes...sources acknowledged 38 CODE OF ETHICS FOR FILIPINO NURSES 12/16/2024 Compilation of lecture Notes...sources acknowledged 39 CODE OF GOOD GOVERNANCE Promulgated by the PRC, July 23, 2003 States that: – The hallmark of all professionals is their willingness to accept a set of professional and ethical principles which they follow in the conduct of their daily lives – The acceptance of these principles requires the maintenance of a standard of conduct higher than what is required by law 12/16/2024 Compilation of lecture Notes...sources acknowledged 40 CODE OF GOOD GOVERNANCE GENERAL PRINCIPLES: Service to others Integrity and objectivity Professional competence Solidarity and teamwork Social and civic responsibility Global competitiveness Equality of all professions 12/16/2024 Compilation of lecture Notes...sources acknowledged 41 12/16/2024 Compilation of lecture Notes...sources acknowledged 42 12/16/2024 Compilation of lecture Notes...sources acknowledged 43 12/16/2024 Compilation of lecture Notes...sources acknowledged 44 12/16/2024 Compilation of lecture Notes...sources acknowledged 45 12/16/2024 Compilation of lecture Notes...sources acknowledged 46 12/16/2024 Compilation of lecture Notes...sources acknowledged 47 12/16/2024 Compilation of lecture Notes...sources acknowledged 48 12/16/2024 Compilation of lecture Notes...sources acknowledged 49 Sec. 4: Ethical Principles 1. Values, customs, and spiritual beliefs held by individuals shall be respected 2. Individual freedom to make rational and unconstrained decisions shall be respected 3. Personal information acquired in the process of giving nursing care shall be heldin strict confidence. 12/16/2024 Compilation of lecture Notes...sources acknowledged 50 12/16/2024 Compilation of lecture Notes...sources acknowledged 51 12/16/2024 Compilation of lecture Notes...sources acknowledged 52 12/16/2024 Compilation of lecture Notes...sources acknowledged 53 12/16/2024 Compilation of lecture Notes...sources acknowledged 54 12/16/2024 Compilation of lecture Notes...sources acknowledged 55 12/16/2024 Compilation of lecture Notes...sources acknowledged 56 12/16/2024 Compilation of lecture Notes...sources acknowledged 57 12/16/2024 Compilation of lecture Notes...sources acknowledged 58 12/16/2024 Compilation of lecture Notes...sources acknowledged 59 12/16/2024 Compilation of lecture Notes...sources acknowledged 60 12/16/2024 Compilation of lecture Notes...sources acknowledged 61 12/16/2024 Compilation of lecture Notes...sources acknowledged 62 Sec. 11: Guidelines to be Observed Registered Nurses Must: a. perform their professional duties in conformity with existing laws, rules, regulations. measures, and generally accepted principles of moral conduct and proper decorum. b. not allow themselves to be used in advertisement that should demean the image of the profession (i.e. indecent exposure, violation of dress code, seductive behavior, etc.). 12/16/2024 Compilation of lecture Notes...sources acknowledged 63 Sec. 11: Guidelines to be Observed Registered Nurses Must: c. decline any gift, favor or hospitality which might be interpreted as capitalizing on patients. d. not demand and receive any commission, fee or emolument for recommending or referring a patient to a physician, a co-nurse or another health care worker; not to pay any commission, fee or other compensations to the one referring or recommending a patient to them for nursing car 12/16/2024 Compilation of lecture Notes...sources acknowledged 64 Sec. 11: Guidelines to be Observed Registered Nurses Must: e. avoid any abuse of the privilege relationship which exists with patientsand of the privilege access allowed to their property, residence orworkplace 12/16/2024 Compilation of lecture Notes...sources acknowledged 65 Sec. 11: Guidelines to be Observed Registered Nurses Must: e. avoid any abuse of the privilege relationship which exists with patientsand of the privilege access allowed to their property, residence orworkplace 12/16/2024 Compilation of lecture Notes...sources acknowledged 66 ARTICLE 1V Registered Nurses and Co- workers 12/16/2024 Compilation of lecture Notes...sources acknowledged 67 Sec. 12: Ethical Principles 1. The Registered Nurse is in solidarity with other members of the healthcare team inworking for the patient’s best interest. 2. The Registered Nurse maintains collegial and collaborative working relationship with colleagues and other health care providers 12/16/2024 Compilation of lecture Notes...sources acknowledged 68 12/16/2024 Compilation of lecture Notes...sources acknowledged 69 Sec. 13: Guidelines to be Observed Registered Nurses Must: c. contribute to the professional growth and development of other members of the health team d. actively participate in professional organizations e. not act in any manner prejudicial to other professions. 12/16/2024 Compilation of lecture Notes...sources acknowledged 70 Sec. 13: Guidelines to be Observed Registered Nurses Must: f. honor and safeguard the reputation and dignity of the members of nursing and other professions; refrain from making unfair and unwarranted comments or criticisms on their competence, conduct, and procedures; or not do anything that will bring discredit to a colleague and to any member of other professions. g. respect the rights of their co-workers 12/16/2024 Compilation of lecture Notes...sources acknowledged 71 Sec. 13: Guidelines to be Observed Registered Nurses Must: f. honor and safeguard the reputation and dignity of the members of nursing and other professions; refrain from making unfair and unwarranted comments or criticisms on their competence, conduct, and procedures; or not do anything that will bring discredit to a colleague and to any member of other professions. g. respect the rights of their co-workers 12/16/2024 Compilation of lecture Notes...sources acknowledged 72 ARTICLE V Registered Nurses, Society and Environment 12/16/2024 Compilation of lecture Notes...sources acknowledged 73 Sec. 14: Ethical Principles 1. The preservation of life, respect for human rights, and promotion of healthy environment shall be a commitment of a Registered Nurse. 2. The establishment of linkages with the public in promoting local, national, and international efforts to meet health and social needs of the people as a contributing member of society is a noble concern of a Registered Nurse 12/16/2024 Compilation of lecture Notes...sources acknowledged 74 Sec. 15: Guidelines to be Observed Registered Nurses Must: a. be conscious of their obligations as citizens and, as such, be involved in community concerns b. be equipped with knowledge of health resources within the community, and take active roles in primary health care. 12/16/2024 Compilation of lecture Notes...sources acknowledged 75 Sec. 15: Guidelines to be Observed Registered Nurses Must: c. actively participate in programs, projects, and activities that respond to the problems of society d. lead their lives in conformity with the principles of right conduct and proper decorum. e. project an image that will uplift the nursing profession at all times. 12/16/2024 Compilation of lecture Notes...sources acknowledged 76 ARTICLE VI Registered Nurses and the Profession 12/16/2024 Compilation of lecture Notes...sources acknowledged 77 Sec. 16: Ethical Principles 1. Maintenance of loyalty to the nursing profession and preservation of its integrity are ideal. 2. Compliance with the by-laws of the accredited professional organization (PNA),and other professional organizations of which the Registered Nurse is a member isa lofty duty 12/16/2024 Compilation of lecture Notes...sources acknowledged 78 Sec. 16: Ethical Principles 2. Commitment to continual learning and active participation in the development and growth of the profession are commendable obligations 4. Contribution to the improvement of the socio-economic conditions and general welfare of nurses through appropriate legislation is a practice and a visionary mission. 12/16/2024 Compilation of lecture Notes...sources acknowledged 79 Sec. 17: Guidelines to be Observed Registered Nurses Must: a. be members of the Accredited Professional Organization (PNA). b. strictly adhere to the nursing standards. c. participate actively in the growth and development of the nursing profession 12/16/2024 Compilation of lecture Notes...sources acknowledged 80 Sec. 17: Guidelines to be Observed Registered Nurses Must: d. strive to secure equitable socio- economic and work conditions in nursing through appropriate legislation and other means e. assert for the implementation of labor and work standards. 12/16/2024 Compilation of lecture Notes...sources acknowledged 81 ARTICLE VII Administrative Penalties, Repealing Clause, and Effectivity 12/16/2024 Compilation of lecture Notes...sources acknowledged 82 Article VII: Sec. 18 The Certificate of Registration of Registered Nurse shall either be revoked or suspended for violation of any provisions of this Code pursuant to Sec. 23 (f), Art. IV of R. A. No. 9173 and Sec. 23 (f), Rule III of Board Res. No. 425, Series of 2003, the IRR. 12/16/2024 Compilation of lecture Notes...sources acknowledged 83 Article VII Sec. 19 The Amended Code of Ethics promulgated pursuant to R. A. No. 877 and P.D. No. 223 is accordingly repealed or superseded by the herein Code 12/16/2024 Compilation of lecture Notes...sources acknowledged 84 Article VII Sec. 20 This Code of Ethics for Nurses shall take effect after fifteen (15) days from its full and complete publication in the Official Gazette or in any newspapers of general circulation 12/16/2024 Compilation of lecture Notes...sources acknowledged 85 INTERNATIONAL CODE OF ETHICS FOR NURSES (ICN) 12/16/2024 Compilation of lecture Notes...sources acknowledged 86 12/16/2024 Compilation of lecture Notes...sources acknowledged 87 12/16/2024 Compilation of lecture Notes...sources acknowledged 88 12/16/2024 Compilation of lecture Notes...sources acknowledged 89 12/16/2024 Compilation of lecture Notes...sources acknowledged 90 12/16/2024 Compilation of lecture Notes...sources acknowledged 91 12/16/2024 Compilation of lecture Notes...sources acknowledged 92 12/16/2024 Compilation of lecture Notes...sources acknowledged 93 12/16/2024 Compilation of lecture Notes...sources acknowledged 94 12/16/2024 Compilation of lecture Notes...sources acknowledged 95 12/16/2024 Compilation of lecture Notes...sources acknowledged 96 12/16/2024 Compilation of lecture Notes...sources acknowledged 97 12/16/2024 Compilation of lecture Notes...sources acknowledged 98 12/16/2024 Compilation of lecture Notes...sources acknowledged 99 Legal Aspects of Nursing Importance of law in nursing Legal liabilities in nursing Legal issues in nursing 12/16/2024 Compilation of lecture Notes...sources acknowledged 100 LAW principles and regulations established in a community by some authority and applicable to its people whether in the form of legislation or of custom and policies recognized by judicial decision two types of laws: criminal law and civil law 12/16/2024 Compilation of lecture Notes...sources acknowledged 101 Importance of law in nursing Laws are important in nursing as the law protects patient/ clients against deliberate and inadvertent injury by a nurse, and also protects nurses against suits if she renders right care 12/16/2024 Compilation of lecture Notes...sources acknowledged 102 Importance of law in nursing 1. To provide a framework to establish nursing actions in the care of clients. 2. To differentiate the nurse’s responsibilities from other health professionals 3. To demarcate the boundaries of independent nursing actions 12/16/2024 Compilation of lecture Notes...sources acknowledged 103 Importance of law in nursing 4. To assist in maintaining standards of nursing practices by making nurses accountable under the law. 5. To safeguard and protect the right of self and clients 12/16/2024 Compilation of lecture Notes...sources acknowledged 104 MAIN SOURCES OF PHILIPPINE LAWS 1. Constitution 2. Statutes ( laws made by legislative bodies- congress) 3. Treaties and conventions 4. Judicial decisions ( court ) 12/16/2024 Compilation of lecture Notes...sources acknowledged 105 12/16/2024 Compilation of lecture Notes...sources acknowledged 106 PUBLIC LAWS Body of law that deals with the relationship between individuals and the government and government agencies Constitutional Law Fundamental law written or unwritten that establishes the character of government by defining the basic principle to which a society must conform 12/16/2024 Compilation of lecture Notes...sources acknowledged 107 PUBLIC LAWS Criminal law Prevent harm to society and provides punishment for crimes Administrative Law When a state legislature passes a statute, an administrative agency is given authority to create rules and regulations to enforce the statutory laws. 12/16/2024 Compilation of lecture Notes...sources acknowledged 108 PRIVATE OR CIVIL LAW Deals with relationship among private individuals Contract law legally binding exchange of promises or agreement between parties that the law will enforce Tort law Defines and enforces duties and rights among private individuals that are not based on the contractual agreement 12/16/2024 Compilation of lecture Notes...sources acknowledged 109 REPUBLIC ACT 9173 PHILIPPINE NURSING ACT OF 2002 12/16/2024 Compilation of lecture Notes...sources acknowledged 110 RA 9173 An act providing for a more responsive nursing profession, repealing for the purpose RA no. 7164, otherwise known as “the Philippine Nursing Act of 1991” and for other purposes. 12/16/2024 Compilation of lecture Notes...sources acknowledged 111 12/16/2024 Compilation of lecture Notes...sources acknowledged 112 QUALIFICATIONS OF BON 1. Be a natural born citizen and resident of the Philippines 2. Be a member of good standing of the accredited professional organization of nurses 3. 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: 12/16/2024 Compilation of lecture Notes...sources acknowledged 113 QUALIFICATIONS OF BON Provided, that the majority of the members of the Board shall be holders of a master’s degree in nursing: Provided, further, that the CHAIRPERSON shall be a holder of a master’s degree in nursing. 4. Have at least ten (10) years of continuous practice of the profession prior to appointment: Provided, however, that the last five years of which shall be in the Philippines. 12/16/2024 Compilation of lecture Notes...sources acknowledged 114 REQUIREMENTS OF BON Requirement upon qualification as member of the BON Any person appointed as Chairperson or Member of the Board shall immediately Resign from his/her work. he/ she is not allowed to engage in any work related to nursing. 12/16/2024 Compilation of lecture Notes...sources acknowledged 115 TERM OF OFFICE OF BON The Chairperson and Members of the Board shall hold office for a term of three (3) years And until their successors shall have been appointed and qualified: Provided, That the Chairperson and members of the Board may be re-appointed for another term. 12/16/2024 Compilation of lecture Notes...sources acknowledged 116 TERM OF OFFICE OF BON Any vacancy in the Board occurring within the term of a Member shall be filled for the unexpired portion of the term only. Each Member of the Board shall take the proper oath of office prior to the performance of his/her duties. 12/16/2024 Compilation of lecture Notes...sources acknowledged 117 TERM OF OFFICE OF BON The incumbent Chairperson and Members of the Board shall continue to serve for the remainder of their term under Republic Act No. 7164 until their replacements have been appointed by the President and shall have been duly qualified.. 12/16/2024 Compilation of lecture Notes...sources acknowledged 118 COMPENSATION OF BON They shall receive compensation and allowances comparable to the compensation and allowances received by the Chairperson and members of other professional regulatory boards. 12/16/2024 Compilation of lecture Notes...sources acknowledged 119 ADMINISTRATIVE SUPERVISION Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services The Board shall be under the administrative supervision of the Commission(PRC). 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 12/16/2024 Compilation of lecture Notes...sources acknowledged 120 Powers and Duties of BON 1.Conduct the licensure examination for nurses 2.Issue, suspend or revoke certificates of registration for the practice of nursing; 3.Conducts hearings and investigation 4.Ensures quality nursing education 12/16/2024 Compilation of lecture Notes...sources acknowledged 121 Powers and Duties of BON 5. Accrediting body: Recognize specialty program 6. Maintain efficient ethical, moral, technical, and professional standards in nursing. 7. Promulgate Code of Ethics for Nurses 12/16/2024 Compilation of lecture Notes...sources acknowledged 122 ANNUAL REPORT Submit to the President of the Philippines achievement Report/ or accomplishment Report suggestions/ recommendations for adoption for the improvement of Nursing Profession 12/16/2024 Compilation of lecture Notes...sources acknowledged 123 Removal/ Suspension of BON President may remove/ suspend any member after due process of law GROUNDS: – Continued neglect of duty – Commission or toleration of irregularities in the licensure examination – Unprofessional immoral or dishonorable conduct 12/16/2024 Compilation of lecture Notes...sources acknowledged 124 NURSE LICENSURE EXAMINATION Written exam = 500 items QUALIFICATIONS: – Filipino Citizen – Citizen of other country: Reciprocity Agreement – Good moral character – BSN degree holder 12/16/2024 Compilation of lecture Notes...sources acknowledged 125 NURSE LICENSURE EXAMINATION RATINGS: – GWA: 75% – No rating below 60% in any subject. – Repeat subject below 60% but must get a rating of 75% to pass. SCOPE OF EXAMINATION – determined by the BON in consideration to the objective of the nursing curriculum 12/16/2024 Compilation of lecture Notes...sources acknowledged 126 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. 12/16/2024 Compilation of lecture Notes...sources acknowledged 127 CERTIFICATE OF REGISTRATION Successful examinees upon payment of the prescribed fees Every certificate of registration/ professional license shall show the full name of the registrant, the serial number, the signature of the Chairperson of the Commission and of the Members of the Board, and the official seal of the Commission 12/16/2024 Compilation of lecture Notes...sources acknowledged 128 CERTIFICATE OF REGISTRATION A professional identification card, duly signed by the Chairperson of the Commission, bearing the date of registration, license number, and the date of issuance and expiration thereof shall likewise be issued to every registrant upon payment of the required fees 12/16/2024 Compilation of lecture Notes...sources acknowledged 129 CERTIFICATE OF REGISTRATION all nurses whose names appear in the roster of nurses shall be automatically registered as nurses or referred to as “IPSO FACTO” 12/16/2024 Compilation of lecture Notes...sources acknowledged 130 REGISTRATION BY RECIPROCITY COR can be issued without taking PNLE same requirements in his country of origin laws of his country of origin grants the same privilege to Filipino Nurses on the same basis as the subjects or citizens of such foreign country. 12/16/2024 Compilation of lecture Notes...sources acknowledged 131 Practice Through Special/ Temporary Permit Licensed nurses from foreign countries/states whose service are either for a fee or free if they are internationally well-known specialists or outstanding experts in any branch or specialty of nursing Licensed nurses from foreign countries/states on medical mission whose services shall be free in a particular hospital, center or clinic 12/16/2024 Compilation of lecture Notes...sources acknowledged 132 Practice Through Special/ Temporary Permit Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing; Provided, however, That the special/temporary permit shall be effective only for the duration of the project, medical mission or employment contract. 12/16/2024 Compilation of lecture Notes...sources acknowledged 133 Non-registration/ non- issuance of COR conviction by final judgment of moral turpitude, immoral or dishonorable conduct The court declare him/ her to be of unsound mind BON shall issue a written statement to the concerned setting the reasons for the action 12/16/2024 Compilation of lecture Notes...sources acknowledged 134 Revocation/ suspension of COR 1. For any of the causes mentioned in the preceding section 2. For unprofessional and unethical conduct; 3. For gross incompetence or serious ignorance 4. For malpractice or negligence in the practice of nursing; 12/16/2024 Compilation of lecture Notes...sources acknowledged 135 Revocation/ suspension of COR 5. For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit 6. For practicing his/her profession during his/her suspension from such practice 12/16/2024 Compilation of lecture Notes...sources acknowledged 136 Revocation/ suspension of COR 7. For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit Suspension of COR shall be for a period of not to exceed four (4) years 12/16/2024 Compilation of lecture Notes...sources acknowledged 137 Re – issuance/ Replacement of COR 1. Cause of revocation has been cleared or disappeared, cured and corrected 2. Upon payment of prescribe fees 3. Issue another copy of COR/ professional license 4. New COR/ PRC license can be issued to replace lost, mutilated and shall subject to the rules of the Board 12/16/2024 Compilation of lecture Notes...sources acknowledged 138 REPUBLIC ACT 9173 NURSING EDUCATION 12/16/2024 Compilation of lecture Notes...sources acknowledged 139 Requirements for Inactive Nurses For 5 years inactive practice: Undergo 1 month of didactic training and three (3) months of practicum in any accredited hospital by BON 12/16/2024 Compilation of lecture Notes...sources acknowledged 140 Qualifications of faculty 1. Registered nurse in the Philippines 2. Have at least one (1) year of clinical practice in a field of specialization 3. Member of a good standing in the accredited professional organization of nurses (PNA) 4. Holder of a master’s degree in nursing education or allied medical and health sciences duly recognized by the government 12/16/2024 Compilation of lecture Notes...sources acknowledged 141 Qualifications of faculty 5. DEAN: additional qualification – have a master’s degree in nursing – must have at least five (5) years of experience in nursing: – teaching and supervision of nursing educational program 12/16/2024 Compilation of lecture Notes...sources acknowledged 142 12/16/2024 Compilation of lecture Notes...sources acknowledged 143 Duties and responsibilities of a Nurse Provides nursing care through utilization of nursing process Establish linkages Health education 12/16/2024 Compilation of lecture Notes...sources acknowledged 144 Qualifications of Nursing Administrators Be a registered nurse in the Philippines Have at least two (2) years experience in general nursing service administration Possess a degree of Bachelors of Science in Nursing, with at least nine (9) units in management and administration courses at the graduate level Be a member of good standing of the accredited professional organization of nurses 12/16/2024 Compilation of lecture Notes...sources acknowledged 145 Qualifications of Nursing Administrators Chief Nurse/ Director of Nursing Service: additional qualifications: – At least five (5) years of experience in a supervisory or managerial position in nursing – A master's degree major in nursing 12/16/2024 Compilation of lecture Notes...sources acknowledged 146 PRIVATE OR CIVIL LAW Tort law a legal wrong committed against a person, his or her rights or property, intentional, willfully committed without cause. A tort can be: Denial of a person’s legal right Failure to comply with a public duty Failure to perform a private duty that 12/16/2024 Compilation of lecture Notes...sources acknowledged 147 Legal Liabilities in nursing Liability is a form of a hindrance that causes individuals at a disadvantage It is a stage of accountability or responsibility for doing something Legal liability is concerned with legal accountability for something or any action 12/16/2024 Compilation of lecture Notes...sources acknowledged 148 Legal Liabilities in nursing Nurses are legally liable or responsible/ accountable to render care to the assigned patient The person is made legally responsible for his actions 12/16/2024 Compilation of lecture Notes...sources acknowledged 149 Legal Liabilities in nursing Legal liability involves four elements to establish proof of harming patient: 1. The duty of care: legal obligation to follow the standards in caring patients 2. Breach of duty: means failing on the part of the nurses to act/ care as per standard 12/16/2024 Compilation of lecture Notes...sources acknowledged 150 Legal Liabilities in nursing 3. Causation; San element of liability to prove that the failure to meet the standard of care which caused the harm to the patient ( proof ) 4. Damages: a term used for the actual harm to a patient resulting from aa definite cause 12/16/2024 Compilation of lecture Notes...sources acknowledged 151 Legal Issues in nursing The legal issue is a dispute or a legal question that need to deal the court for deciding as per civil or criminal law The civil laws resolve most of the legal issues of unintentional, intentional, or quasintentional torts, and breach of duty The major legal issues in nursing practice are as follows: 12/16/2024 Compilation of lecture Notes...sources acknowledged 152 12/16/2024 Compilation of lecture Notes...sources acknowledged 153 TORT A civil wrong or injury for which the court provides a remedy in the form of money damages types: intentional ( assault, battery, false imprisonment, fraud) unintentional tort (negligence, malpractice ) 12/16/2024 Compilation of lecture Notes...sources acknowledged 154 Nursing Negligence Failure by the nurse to take the appropriate action to protect the patient from harm A nurse who fails to put up the side rails of the bed of a confused patient or fails to initiate standard safety precautions to prevent patient harm is by charge of negligence under civil laws. If the negligence is gross, complete disregard of client’s life is dealt under both civil and criminal law. 12/16/2024 Compilation of lecture Notes...sources acknowledged 155 Common Examples of Negligence Burns resulting by use of hot water bottle, applying heating pads, administering steam inhalation and sitz bath. The incidence of fall among elderly, sedated, preoperatively, post-operatively, confused, dizzy, blind, and semi-conscious when nursed without fixing bed side - railing. 12/16/2024 Compilation of lecture Notes...sources acknowledged 156 Common Examples of Negligence Patients had fallen due to a slippery or waxed floor. Administration of wrong medications, wrong dose of medication, to wrong patient. Unskilled nurses not able to assess symptoms of shock, respiratory distress 12/16/2024 Compilation of lecture Notes...sources acknowledged 157 Common Examples of Negligence Injury to patients by using defective apparatus or appliances. Loss of the unconscious patient’s belongings. 12/16/2024 Compilation of lecture Notes...sources acknowledged 158 MALPRACTICE Negligence by nurses causing an injury or harm to the patients due to professional misconduct or lack of skill in performing standards of care. Malpractice is one type of negligence known as “professional negligence”. Defined as providing standard care below the quality of care a similarly trained professional would have offered under the same circumstances. 12/16/2024 Compilation of lecture Notes...sources acknowledged 159 International Patient Safety Goals 1. Identify patients correctly 2. Improve effective communication 3. Improve the safety of high-alert medications 4. Ensure safe surgery 5. Reduce the risk of health care- associated infections 6. Reduce the risk of patient harm resulting from falls 12/16/2024 Compilation of lecture Notes...sources acknowledged 160 Common Malpractices in Nursing 1. Failure to select an appropriate site by the nurse to administer an intramuscular injection that causes permanent damage to the patient’s extremity 2. Failing to obtain a proper informed consent 3. Failing to provide patient’s safety: physical, social, spiritual, financial, political, emotional, occupational, psychological, educational, or other type of failure. 12/16/2024 Compilation of lecture Notes...sources acknowledged 161 Common Malpractices in Nursing Botched treatment = failed treatment failure to monitor failure to provide care medication errors improper documentation 12/16/2024 Compilation of lecture Notes...sources acknowledged 162 ASSAULT AND BATTERY Assault = an intentional, unlawful threat or attempts to make bodily contact with another person without that patient’s consent the unconsented touching of the body is an example of assault. Example: threatening a patient while not cooperating to do desirable care. 12/16/2024 Compilation of lecture Notes...sources acknowledged 163 ASSAULT AND BATTERY Battery = unjustified harmful or offensive touching with the intention of a crime or doing wrong with a person. Example: forcibly removing the patient’s clothing, administering enema after the patient has refused it, or pushing a patient to a chair. 12/16/2024 Compilation of lecture Notes...sources acknowledged 164 RESTRAINTS/ False Imprisonment RESTRAINTS = physical, chemical or environmental measures used to control the physical or behavioral activity of a person or a portion of his/ her body. Physical restraints limit a client’s least restraints practices and the right to refuse proposed interventions.. Example: use of the bed, rails are required by law to be used as involuntarily medical restraint when ordered by a physician. 12/16/2024 Compilation of lecture Notes...sources acknowledged 165 DEFAMATION OF CHARACTER Defamation is an intentional tort or the issuance of false statement about another person, causing harm to a person. – SLANDER: This is oral defamation of character and libel is a defamation of character in writing. 12/16/2024 Compilation of lecture Notes...sources acknowledged 166 INVASION OF PRIVACY All information of the patient in any form is considered private, confidential and legal. Certain actions of the nurse can constitute an invasion of privacy: unnecessary exposing patient while assisting for examination, discussion patient information with other people, research without the consent of the patient. 12/16/2024 Compilation of lecture Notes...sources acknowledged 167 FRAUD A person who either practices without registration or fraudulently misrepresenting him to obtain a registration to practice nursing is fraud under the law. Misinterpretation of a procedure or treatment may also be considered as a fraud. 12/16/2024 Compilation of lecture Notes...sources acknowledged 168 LEGAL RIGHTS OF NURSES Right to work in environment that supports and facilitates ethical practice, in accordance with the Code of Ethics for Nurses and its interpretive statements. Right to freely and openly advocate for themselves and their patients, without fear of retribution 12/16/2024 Compilation of lecture Notes...sources acknowledged 169 LEGAL RIGHTS OF NURSES Right to fair compensation for their work, consistent with their knowledge, experience, and professional responsibilities Right to a work environment that is safe for themselves and their patients Right to negotiate the conditions of their employment, either as individuals or collectively, in all practice settings. 12/16/2024 Compilation of lecture Notes...sources acknowledged 170 LEGAL RIGHTS OF NURSES Right not to be abused in any form by physicians, pharmacists, administrators or nursing directors. Any abuse that occurs should be dealt with in a professional and impartial manner by the nurse’s employer Right not to be exploited and abused by being floated to areas of practice they are not familiar with. 12/16/2024 Compilation of lecture Notes...sources acknowledged 171 LEGAL RIGHTS OF NURSES Right to refuse any assignment that they feel is unsafe: Being assigned to a patient load he feels is unsafe Assigned to work in area of nursing which he is not familiar No equipment/ supplies are inadequate or not available. 12/16/2024 Compilation of lecture Notes...sources acknowledged 172 LEGAL RESPONSIBILITIES OF NURSES Right to refuse any assignment that they feel is unsafe: Being assigned to a patient load he feels is unsafe Assigned to work in area of nursing which he is not familiar No equipment/ supplies are inadequate or not available. 12/16/2024 Compilation of lecture Notes...sources acknowledged 173 RIGHTS OF NURSES 12/16/2024 Compilation of lecture Notes...sources acknowledged 174 LEGAL SAFEGUARDS FOR NURSES Informed consent Documentation Executing physician order Good Samaritan law Patient education Privileged communication. 12/16/2024 Compilation of lecture Notes...sources acknowledged 175