Nursing Legalities PDF - August 2024

NURSING legalities August 2024 Nursing as a Profession profession is an occupation or a calling requiring advanced training and experience in some specific or specialized body of knowledge which provides service to society in that special field.  Criteria of a Profession According to...

NURSING legalities August 2024 Nursing as a Profession profession is an occupation or a calling requiring advanced training and experience in some specific or specialized body of knowledge which provides service to society in that special field.  Criteria of a Profession According to William Shepard 1. A profession must satisfy an indispensable social need and must be based upon well established and socially accepted scientific principles. 2. It must demand adequate pre – professional and cultural training. 3. It must demand the profession of a body of specialized and systematized training. 4. It must give evidence of needed skills which the public does not possess; that is, skills which are partly inherent and partly acquired. 5. It must have developed a scientific technique which is the result of tested experience. 6. It must require the exercise of discretion and judgement as to time and manner of the performance of duty.  Professional Nurse Is a person who has completed a basic nursing education program and is licensed in his/her country or state to practice professional nursing. Professional Nursing The Philippine Nursing Act of 1991 (R.A. 7164) has been repealed by the Philippine Nursing Act of 2002 (R.A. 9173). Note the changes in the scope of nursing practice. Scope of Nursing Nursing care during conception, labor, delivery, infancy, childhood, toddler, pre- school, school age, adolescence, adulthood and old age. Nurses shall collaborate with other health care providers for the;. curative. preventive. rehabilitative aspects of care. restoration of health. alleviation of suffering  : Duty of the nurse Provide nursing care through the utilization of the nursing process. Establish linkages with community resources and coordination with the health team; Provide health education to individuals, families and communities; Duty of a nurse Undertake nursing and health human resource development training and research. Teach, guide and supervise students in nursing education programs including the administration of nursing services in varied settings such as hospitals and clinics who perform nursing functions under the direct supervision of a qualified faculty. Duty of the nurse required to maintain competence by continual learning through continuing professional education provided by the accredited professional organization. the nurse is duty- bound to observe the Code of ethics for nurses and uphold the standards of safe nursing practice. Qualifications and Abilities of A Professional Nurse A. Professional Preparation license to practice nursing in the country; 1. Bachelor of Science degree in Nursing; 2.Be physically and mentally fit. B. Personal Qualities and Professional Proficiencies Interest and willingness to work and learn with individuals/ groups in a variety of settings. 1. warm personality 2. concern for people; 3. resourcefulness and creativity 4. well- balanced emotional condition 5. capacity and ability to work cooperatively with others; 6. initiative to improve self and service; 7. competence in performing work through the use of nursing process; 8. skill in decision-making, communicating, and relating with others and being research oriented; 9. active participation in issues confronting nurses and nursing. Basic Educational Program in Nursing 1. Bachelor of Science in Nursing 2. Graduate in Nursing 3. Associate in Science Health Education (ASHE) Bachelor of Science in Nursing Program 1. competency-based 2. community oriented curriculum to educate future nurse practitioners to assume their roles and responsibilities in the Philippine Health Care System. 3. It prepares nurses for entry level positions in any health care setting in the country.  Competency of BSN program 1. utilize the nursing process in the care of individuals, families, and community by a. assessing the client’s health status b. planning with client and/or significant others the nursing action based on identified needs and problems c. implementing appropriate nursing interventions d. modifying interventions e. evaluating the results 2. communicate effectively at all levels of health care in various settings by; a. applying “therapeutic use of self”, b. documenting and reporting observations, responses to nursing action, and c. relating with clients, families, communities, and groups and members of the health team; 3. utilize the elements of management in any health care setting by; a. utilizing management process in the delivery of health care, b. participating in the formulation and implementation of policies, c. working independently and/or in collaboration with others on matters promoting a better quality life; 4. utilize research findings in the care of clients; 5. assume responsibility for personal and professional growth and development ; a. promoting professional and personal growth, b. accepting accountability for professional action, c. participating in the solution of health/social problems. Professional nurse demonstrates the following ; 1. caring behavior 2. ability to practice legal, ethico- moral, social responsibilities/accountabilities 3. critical and creative thinking 4. skills in practicing S-K-A and values for the promotion of health  License to Practice Nursing A LICENSE is a legal document given by the government that permit person to offer to the public (skills and knowledge) in a particular jurisdiction, unlawful without a license. Professional Regulation Commission (PRC) authority to administer, implement and enforce the regulatory policies of government with respect to the regulation and licensing of the various profession. Licensure The primary purpose of registration is to protect the health of the people by establishing minimum standards which qualified practitioners must meet.  Registration Recording of names of persons who have qualified under the law to practice their respective professions. ( registration book.) registration 1. number and date of registration 2. age, sex and place of birth 3. place of business 4. post office address  Registration 5.name of school, from which he or she graduated 6.date of such graduation. 7.all other degrees granted to him. certificate of registration is issued by the PRC. Registration Required Philippine Nursing Act of 2002, R.A. 9173, Sections 12 and 20 license to practice nursing shall be issued to those who pass the licensure examination ( reciprocity).  Section 19. Automatic Registration of Nurses. - All nurses whose names appear at the roster of nurses shall be automatically or ipso facto registered as nurses under this Act upon its effectivity. REGISTRATION BY RECIPROCITY (R.A. 9173, SEC. 20) Reciprocity - mutuality in the grant and enjoyment of privileges between persons or nations.(established by law, treaty or agreement between two countries or states,) each country grants the same privilege to the practice of the profession within their respective territorial jurisdiction. Reciprocity is based on the principle of “do ut des” which means that for a country to expect a favor from another. SEC. 20. Registration by Reciprocity. – A certificate of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state or country. SEC. 21, Practice Through Special/Temporary Permit. – a special/temporary permit may be issued by the Board to a person subject to the approval of the Commission and upon payment of the prescribed fees. Section 21. Practice through Special/Temp. Permit 1. Licensed nurses from foreign states whose service are either for a free or fee if they are internationally well known or experts in a nursing specialty. 2. Licensed nurses from foreign states n medical mission (free services). 3. Licensed nurses from foreign states employed by nursing schools as exchange professors in a nursing specialty. 4. Special and Temp Permit effective only for the duration of the contract/project/medical mission.  Section 22. Non-Registration and Non- issuance of Certificates of Registration/License/Special or Temp Permit Convicted by final judgment of any criminal offense involving moral turpitude (Making false representation)(Knowledge of such false representation by the perpetrator). Unsound mind Section 23. Revocation and Suspension of Certificate 1. Unprofessional and unethical conduct. 2. Gross incompetence or serious ignorance. 3. Malpractice or negligence in the practice of nursing. 4. Use of fraud, deceit, or false statements in obtaining a certificate. Article 5 Sec.26. Requirement for Inactive Nurses Returning to Practice For inactive nurses for 5 consecutive years, they are required to undergo 1 month didactic training and 3 months practicum. Board shall accredit hospitals to conduct training. PRC_BON resolution no.14 s.1999 PRC-BON re. no. 118 s.2002 Nursing specialty certification council. (NSCC)-validating the qualification of the nurse clinicians. Program composed of; didactic, theoretical, practicum, clinical and written exam, given by NSCC. IE during labor and delivery MCNAP RA 7164 PRC res.no.20 s1994. RA no.9173 Sec.28 broadened the scope of Nsg. Practice.  RN,3yrs experience in LR,DR,CHN,LYING IN PRC_BON resolution no.14s.1999 Eval. Parameters PRC-BON re. no 118s.2002 Written exam,completion of the cases for each competencies -performing IE -Assessment data for plan of care. -completion of the no. of cases. Correctly perform IE. Supervised suturing of perineal laceration.  PRC_BON resolution no.14 s.1999 PRC-BON re. no 118 s.2002 IVT certification- R.A 7164 Sec.14. PRC –BON Res.no.8 s 1994 -RN are prohibited in IVT insertion unless trained and skilled. Provided and accredited by the ANSAP. R.A 7164 Sec.27 provides that the practice of IVT requires special training. Res. No.08 s.1994 PRC-BON mandates the ANSAP to provide and conduct IVT training, recognizing their expertise, resources and sustainability. Requirements for IVT RN 3 day basic IVT program Completion of 3 peripheral, 3 IV meds adm. 1 BT adm. NOTE; 2 nurses will check the BT adm. NSCC/CNS/NC (Nurse clinician.)requirements: TOR BSN,MN Documents showing completion of req.(clinical/academic)recommendation of NSCC to the Board for issuance of certification.  Specialty cert. valid for 5 years from the date of issuance renewable , 30 days prior to expiration. 3 levels of NSCC( nursing Specialty certification council) level 1 Level 2 Level 3 Section 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates After the expiration of maximum of 4 years from date or revocation when the cause has disappeared or has been cured and corrected and upon proper application and payment of fees Lost, destroyed, mutilated certificates are replaced subject to rules of the Board Article 5 Sec.26. Requirement for Inactive Nurses Returning to Practice For inactive nurses for 5 consecutive years, they are required to undergo 1 month didactic training and 3 months practicum. -The Board shall accredit hospitals to conduct training. Section 27. Article 5. Qualifications of the Faculty (a)Be a registered nurse in the Philippines; (b) Have at least one (1) year of clinical practice in a field of specialization; (c) Be a member of good standing in the accredited professional organization(APO). (d) Be a holder of a master's degree in nursing, education, or other allied medical and health sciences conferred by a college or university duly recognized by the Government. Qualifications of a Dean ,CON :(a) Be a registered nurse in the Philippines; (b) Have at least one (1) year of clinical practice in a field of specialization; (c) Be a member of good standing in the accredited professional organization (d) Be a holder of a master's degree in nursing, education, or other allied medical and health sciences. e. have at least five (5) years of experience in nursing.  REGISTRATION BY EXAMINATION  Examination and Registration SEC. 12. Licensed Examination – All applicants for registration as a nurse and issuance of a certificate of registration and professional identification card to practice nursing shall be required to pass a written examination given by the Board , places and dates as may be designated by the Commission. in accordance with RA No. 8981. SEC. 13. Qualification for Admission to the Licensure Examination – citizen of the Philippines good moral character Bachelor’s Degree in Nursing from a college or university that complies with the standard of nursing education duly recognized by the proper government agency. Requirements for Examination 1. Original transcript of records with Special Order from CHED. 2. For state colleges and universities, original transcript of records with date of Graduation. 3. Passport size pictures with nametag and white background. 4. Residence certificate 5.cert. of good moral character. 6. Record of actual RLE for the entire Bachelor of Science in Nursing program duly signed by the Chief Nurse of the hospital ,in addition to the Dean of the nursing school and the clinical instructor 7. Actual number of operating room scrubs and deliveries assisted, signed by the Chief Nurse in addition to that of the Dean of the nursing school and the clinical instructor. 8. Where applicable: a. Birth Certificate, NSO certified. b. Marriage Certificate c. Alien certificate of Naturalization d. Clearance showing dismissal of case from the court or Prosecutor’s Office. application form, should be filed at the Professional Regulation Commission ten (10) days prior to the first day of the examination.. Fees for Examination and Registration Applicants for licensure and for registration shall pay the prescribed fees set by the Commission. SEC. 14. Scope of Examination – The scope of the examination for the practice of nursing in the Philippines shall be determined by the Board. Board Areas of Nursing 1.Fundamental of Nursing, 2. Maternal and Child Nursing, 3.Community Health Nursing 4., Nursing of Adolescents, Adults, and Aged, and Mental Health and Psychiatric Nursing, Including Physiology and anatomy, Pharmacology and Therapeutics, Microbiology and Diet Therapy. NLE divided into four parts The examination shall be divided into four parts organized around four major goals in nursing: 1.Promotive, 2. Preventive 3. curative, and 4. Rehabilitative.. Citizenship Requirements Section 2. A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship. Section 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect the Philippine citizenship. In jus sanguinis doctrine, the nationality of a person is determined by the law of his descent or parentage; the child follows the citizenship of his father. citizenship In jus soli doctrine, the nationality of a person is determined by the law of the place of his birth; the child born in a foreign country, whatever may be the citizenship of the father, is a citizen of that country. Naturalization is the act of adopting a foreigner and giving him the privileges of a native citizen. Presidential Decree 1359 – A law allowing applicants for Philippine citizenship to take Board Examination pending their naturalization SEC. 15. Ratings –. general average of at least seventy-five percent (75%) with a rating of not below sixty percent (60%) in any subject. An examinee who obtains an average rating of seventy-five percent (75%) or a higher but gets a rating below sixty percent (60%) in any subject must take the examination again but only in the subject or subjects where he/she is rated below sixty percent (60%). Renewal Examination shall be taken within two years after the last failed examination. LOI 47 – Directs all school of medicine, nursing, midwifery and allied medical professions and social work to prepare, plan and implement integration of family planning in their curriculum to require their graduate to take the licensing examination.  Reconsideration of Ratings. Request for reconsideration of ratings may be entertained only on grounds of mechanical, clerical, or clear errors. Requests should be filed with the Commission within ninety (90) days from the date of the official release of the examination results. Oath Taking Oath Taking (date and place) (15) fifteen days upon the release of the licensure examination. 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. ARTICLE V Nursing Education Section 25. Nursing Education Program. - The nursing education program shall provide sound general and professional foundation for the practice of nursing. The learning experiences shall adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the Commission on Higher Education's policies and standards of nursing education certificate of registration/professional license as a nurse shall be issued to an applicant who passed the examination upon payment of the prescribed fee. 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 the Members of the Board, and the official seal of the Commission. Prof. identification card practicing professionals is regulated by the; Professional Regulation Commission shall renew their PRC license every three (3) years which shall be paid on the birth month. Failure to pay the annual registration, a surcharge of twenty percent.  Sec.22 Non-registration and Non- issuance of Certificates of registration/Professional License or Special/Temporary Permit. 1.convicted involving moral turpitude 2. immoral or dishonorable conduct. 3. unsound mind. Suspension & revocation Suspension – the nurse is not allowed to practice temporarily until final judgment of the case against him or her is rendered. The license is not confiscated.. Revocation – the license to practice is confiscated either temporarily or permanently. PRC Resolution Number 179 series of 2004 “Standardized Guidelines and Procedures for the Implementation of the Continuing Professional Education for Professionals”. 1. Baccalaureate Degree shall be sixty (60) credits units for three years. Philippine Nursing Act of 2002 R.A. 9173, Section 23. Professional Regulation Commission shall have the power to revoke or suspend the certificate of registration, following grounds 1. unprofessional and unethical conduct. 2. gross incompetence or serious ignorance; 3. malpractice or negligence in the practice of nursing; 4. use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary special permit; Prohibition in the Practice of Nursing A fine of not less than Fifty thousand pesos (50,000.00) nor more than One hundred thousand pesos (100,000.00) or imprisonment of not less than one (1) year nor more than six (6) years, or both, upon the discretion of the court shall be imposed upon: 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. 2. who uses as his/her own certificates of registration/professional license and professional identification card or special temporary permit of another; 3. who uses an invalid of registration/professional license, a suspended or revoked certificate of registration/professional license, or an expired or cancelled special/temporary permit; 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 assist the illegal practice of a person who is not lawfully qualified to practice nursing.  service educational programs or who conducts review classes for both local and foreign examination without permit/clearance from the Board and the Commission; c. any person or employer of nurse who violate the minimum base pay of nurses and the incentives and benefits that should be accorded them as specified in Section 32 and 34; d. any person of the chief executive officer of a juridical entity violating any provision of this Act and its rules an regulation` Due Process of Law - “law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial” THE LICENSING BOARD  PRC Professional Regulation Commission (PRC). THE POWER to regulate the established professions in the Philippines and to examine the applicants. PD223 has been repealed by RA 8981 “The PRC Modernization Act of 2000. Proclamation No. 118 – Professional regulation Week is June 16 to 22 ORGANIZATION AND COMPOSITION. SEC 4. Composition of the Board. – (1) Chairperson and six (6) members, representing the three (3) areas of nursing, 1.nursing education, 2. nursing service, 3.community health nursing. BON Members Chairperson- Hon. Elsie A. Tee Members: Hon. Zenaida C. Gagno Hon. Carmelita C. Divinagracia Hon. Elizabeth C.Lagrito Hon. Marilou B. Ong Hon. Leah Primitiva S. Paquiz Hon. Merlie L. Salvani Members of the Board are appointed by the President of the Philippines and confirmed by the Commission on Appointments. Members of the Board of Nursing may be appointed by: 1.Regular appointment. PNA certifies for appointments to the Nursing Board of the PRC , twelve qualified candidates. Twelve certified nominees are forwarded to the Commissioner of the PRC for further screening. The Commissioner, submits the first six from the list to the President of the Phil. The Presidents appoints the board member. Such appointment is confirmed by the Commission on Appointments. 2. Ad Interim appointment. A board member is appointed in the meantime to fill in a vacancy or perform the duties of an office during the absence of the regular incumbent. There is no definite of appointment. 3. Doctrine of Hold-Over. In this instance, a member of the Nursing Board is permitted to continue to exercise the functions of the office after the end of his/her lawful term Qualifications of the Chairperson and Members of the Board 1. resident of the Philippines. 2. member of good standing of the Accredited Prof. Org. 3. registered nurse and holder of master’s degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the government. 4. Must have at least ten (10) years of continuous practice of the profession prior to appointment , the last five (5) years of which shall be in the Philippines. 5. Must not have been convicted of any offense involving moral turpitude. Requirements upon Qualifications as Chairperson and Member of the Board a. Immediately resign from any teaching position offering Bachelor of Science in Nursing and/or review program for the local nursing board examinations; b. Immediately resign from any office or employment in the private sector and/in the government. c. Not have any administrative supervision over any institution offering BSN program including review classes. TERM OF OFFICE The Chairperson and Members shall hold office for a period of three (3) years and until their successors shall have been appointed. Compensation of Board Members Compensation of Board Members – The Chairperson and Members of the Board shall receive compensation and allowances comparable to the amount received by the Chairperson and Members of other professional regulatory boards. They are paid based on the principle quantum meruit which means “as much as they deserve”. Removal or Suspension of Board Members a. continued neglect of duty or incompetence; b. commission or toleration or irregularities in the licensure examination; and c. unprofessional, immoral or dishonorable conduct POWERS, FUNCTIONS AND RESPONSIBILITIES OF BOARD(AS PER RA 8981-THE MODERNIZATION ACT OF 2000) a. To regulate the practice of the professions. b. To monitor the conditions affecting the practice of the profession. POWERS, FUNCTIONS AND RESPONSIBILITIES OF BOARD(AS PER RA 8981-THE MODERNIZATION ACT OF 2000 ) c. To hear and investigate cases arising from violations and their Codes of ethics. d.To delegate the hearing of investigation of administrative cases filed before.  POWERS, FUNCTIONS AND RESPONSIBILITIES OF BOARD(AS PER RA 8981-THE MODERNIZATION ACT OF 2000) e. To conduct, summary proceedings on minor violations including violations of the general instructions to examinees and render summary judgment thereon which shall become final and executory from recipient of notice or judgment, or decision. POWERS, FUNCTIONS AND RESPONSIBILITIES OF BOARD(AS PER RA 8981-THE MODERNIZATION ACT OF 2000) f. to recommend registration without examination and the issuance of corresponding certificate of registration and professional identification card. g. to suspend, revoke or reinstate certificate of registration or license provided by law POWERS, FUNCTIONS AND RESPONSIBILITIES OF BOARD(AS PER RA 8981-THE MODERNIZATION ACT OF 2000) h. To prepare, adopt and issue the syllabi or tables of specifications of the subjects for examinations in consultation with the academe. i. To prepare an annual report of the accomplishments on programs, projects and activities of the Board.  Powers and Duties of the Board R.A No. 9173 and R.A. No. 8981 – known as “PRC Modernization Act of 2000” a. Conduct the licensure examination for nurses b. Issue, suspend or revoke certificates of registration for the practice of nursing c. Monitor and enforce quality standards of nursing practice. d. 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. The authority to open and close colleges of nursing and/or nursing education programs shall be vested on the Commission on Higher Education upon written recommendations of the Board. e. Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violation of this Act, or its rules and regulations. f. Adopt and promulgate a Code of Ethics and a Code of Technical Standards for the practices of nursing in coordination and consultation with the accredited professional organization. g. Recognize nursing specialty organization in coordination with the accredited professional organization. h. Subject to the review and approval of the Commission, prescribe, adopt, issue and promulgate guidelines, regulations, measure, and decisions. i. Submit an annual report to the Commission. Legal liabilities of the BON 1.Administrative 1.a.commission or tolerance of irregularities in the licensure exam. sec.11(b) R.A 9173) Pres is the disciplining authority over the chair and the BON 1.b.Civil service com.(CSC)or the office of ombudsman may assume the disciplinary action.P.D. 807( civil service Law) grave adm. Offenses’.dishonesty, neglect of Legal liabilities of the BON 1.PRC can impose penalty, revocation, suspension of license. Sec,23.b.RA 9173 unethical and unprofessional conduct. 2.CRIMINAL – R.A. 3019 Anti graft and corrupt practices Act. 2.a. causing any undue injury to any party. 2.b.divulging valuable information 2.c.Directly or indirectly having pecuniary interest in any business.  3. CIVIL 3.1.exercise the rights in the performance his/her duties ,act with justice, honesty an good faith. (Art.19 New Civil Code) - (NCC 3.2.willful negligent to cause damage to another.(Art.20, NCC.) 3.3.willfully loss/ injured to another.(Art.21.NCC.) Virtues in nursing Proclamation No. 539 – Nurses Week – Every third week of October Thank you!!!!!