Professional Adjustment, Leadership _ Management and Research-1 PDF

|review jurisprudence JURISPRUDENCE NURSING Department of law which comprise all legal rules and principles affecting the JURISPRUDENCE practice of nursing...

|review jurisprudence JURISPRUDENCE NURSING Department of law which comprise all legal rules and principles affecting the JURISPRUDENCE practice of nursing RA 9173 Philippine nursing law Law A rule of civil conduct commanding what is right and prohibiting what is wrong “Gawin mo ang tama, wag mong gawin ang masama” 2 TYPES OF LAWS Definition Purpose (why do you go to court?) 1. Criminal case govern by criminal laws To redress a wrong send someone in prison Ex. May masamang ginawa sayo at People of the Philippines or the government gusto mong makabawi (Plaintiff) vs Juan Dela Cruz (Accused) 2. Civil case govern by civil laws To enforce a right for the damages Ex. ayaw magsustento ng tatay sa Juan vs Pedro (between private individual) anak, you can file a case Court Mechanism: *If both purposes are given, you file Lawsuit a civil case kasi mas malawak ang Proceeding in court for a purpose sakop Legal term for case The nurse feels her rights have been violated so he decided to go to court to enforce a right and to redress a wrong. What case should be filed? A. Civil Case (payment of fines and damages) B. Criminal Case (focus on imprisonment and penalty) C. Administrative Case (you don’t file this in court) D. All of the above If you think that a person has done something seriously wrong to you, the correct action to get redress for the injury received is to: A. Systematically plan for the modification of the damage done B. File a lawsuit against the person for damage (Criminal Case) C. Hire someone to take revenge for you The nurse went to the bedside to give blood transfusion, she gave the wrong blood transfusion, the patient died. Who is the nurse in the case? A. Plaintiff B. Accused C. Complainant D. Defendant (the case is civil, and the nurse is sued) isaiah 41:10 Jurisprudence | 1 review - jurisprudence N.O.P. CASES SUES SUED Criminal case Plaintiff Accused Civil case Complainant Defendant Administrative case Complainant Respondent just a disciplinary action Ex. If the BON, file a case for the revocation of license because you committed a negligence and malpractice, pwede ka kasuhan para maremove and lisensya mo Q. A hospital filed a case of damages against a nurse for breach of contract. The nurse in the case is called? A. Complainant B. Accused C. Plaintiff D. Defendant (civil case) Q. The person who institutes legal proceeding is called: (institutes: brings the case to court) A. Plaintiff (sues) B. Respondent C. Defendant D. Accused Can anyone just go to court and file a case? NO! LEGAL RIGHT A claim which can be enforced by legal means against a person whose duty is to respect it. Only a person whose right has been violated can go to court and file a case No right violated, no right to file / If not violated no legal right *Everytime a case is file in court, make sure that there is a no violation in due process clause Due process given daily court, this is the right to be heard (hear the other side of the story) 4 Fundamental 1. ® to be informed Ex. Rape case; the police officer Requirements: to arrest person, warrant of arrest violated the 4 fundamental rights 2. ® you have the right to remain silent “There was a violation of the due because everything you say may be used process clause, and this is a against you (before handcuffs) constitutional crime” 3. ® competent counsel The lawyer can file a motion to interrogation, with lawyer beside you dismiss 4. ® No use of torture, threat, violence Principle of double jeopardy case Exception - if there is a newly you cannot file twice with the same case discovered evidence isaiah 41:10 Jurisprudence | 2 review - jurisprudence N.O.P. COURT ORDERS *CBQ* 1. SUBPOENA is an order that requires a person to attend to testify as a witness. (ad testificandum) taong pinapapunta sa court para magwitness 2. SUBPOENA is a subpoena that requires a witness to bring documents/papers in his (duces tecum) possession. Ex. Bringing a chart in a court 3. Summons a court order to appear in court to answer a complaint made against a person. Mas mabigat kasi sued, and advice is kumuha na ng lawyer 4. Warrant presented by an arresting officer In flagrante delicto caught in the act committing a crime (Warrantless arrest) Ex. A nurse was caught in flagrante delicto giving a potent dose of potassium chloride to the patient. Can the nurse be arrested? YES! Q. A process whereby the BON only compel the personal attendance of a witness to bring with him to the court books, papers and the like to elucidate the matters in issue: A. Warrant B. Subpoena C. Subpoena duces tecum D. Summons FELONIES acts or omissions punishable by law ("Crime") Elements: 1. Deceit (dolo) Examples: intentional crimes Homicide Murder Physical injuries Rape 2. Fault (culpa) Examples: unintentional crimes May nabangga due to imprudence, negligence Reckless imprudence resulting to homicide or lack of foresight/ skill Reckless imprudence damage to property May nangyaring krimen pero it was not intentional Q. A crime can be committed with the element of culpa if: A. The person committed the crime because of ignorance of the law (excuses no one) B. The person knows the action is crime and he chooses to do it (dolo) C. The person committed the crime because he lacked the competency to act correctly isaiah 41:10 Jurisprudence | 3 review - jurisprudence N.O.P. Situation: A doctor asks the nurse to kill the patient in room 100 using morphine in a syringe in exchange of money. Stage of Felonies Elements Result 1. Consummated Yes (successful) Yes (successful) Through the IV line, she gave the medication, and in 5 minutes, the patient was in respiratory arrest and died 2. Frustrated Yes (successful) No (not successful) Through the IV line, she gave the medication; in 5 minutes, the patient was in respiratory arrest, but unfortunately, another doctor had his rounds that resuscitated the patient 3. Attempted No (not successful) No (not successful) The nurse got the syringe and went inside room 100, she was about to give the medication in the IV line, but the watcher came in; she kept it in her pocket 2 CRIMES Consummated Attempted that has no frustrated stage 1. Arson Consummated Arson Attempted Arson burning of the property Kapag nalight mo na yung match o You are starting to of the other strike the lighter, at meron nang strike the lighter, kahit element is the fire apoy, even if you do not throw it wala pang apoy bago the house intended to be burn mo ifire yung property 2. Rape Consummated Rape Attempted Rape RA 8353 kahit walang penetration, mere hindi pa nagtouch, Anti-Rape Law touching of the tip of the penis into hindi natuloy Crime against person the lips (labia) of the woman The crime of rape is a crime against? A. Person B. Chastity C. Property (theft and robbery) D. Liberty (Kidnapping, illegal detention) isaiah 41:10 Jurisprudence | 4 review - jurisprudence N.O.P. Classification of person’s criminally Liable: 1. Principal a. By direct participation – doer of the act (highest penalty) The nurse who did not plan the killing, but did the killing (she is the one who did the crime, high penalty, murder) b. By inducement – directly force or induce others The doctor that was not at the scene of the crime just asked the nurse to kill the patient and gave the medication (mastermind or nag-utos ng crime) c. By cooperation – indispensable Nurse A asked Nurse B to stand at the door of room 100; you will be a lookout and make sure to knock if somebody is coming in exchange for money If kailangan ang tao para magawa ang krimen 2. Accomplice a person who cooperates Nandyan o wala ang tao, matutuloy pa din ang krimen 3. Accessory " accessory after the fact" (after the crime) (lowest penalty) A. Profits B. Conceals/ destroys evidence Nursing Aide saw the syringe used for killing. She destroyed the syringe to destroy the evidence C. Assists in the escape of the principal Doctor B helps the doctor escape using his car when the police start the investigation Situation: Maternal Nursing Abortion Margaux – two months pregnant Beatriz – abortionists Celine – referred Theresa – maid of margaux who burned the evidence Answer: Principal – Margaux Accomplice – Celine Accessory (conceals) – Theresa isaiah 41:10 Jurisprudence | 5 review - jurisprudence N.O.P. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY Criminal liability (imprisonment) Civil liability (damages) JEMAA 1. Justifying Self-defense (-) imprisonment ○ Right to defend yourself (-) damages ○ Right to protect property Freeman ○ Defense for a stranger / relative Fulfillment of duty – police / soldiers Obedience to an order from superior ○ Order must be lawful ○ Superior acting within the scope of practice 2. Exempting Insane/ imbecile (-) imprisonment ○ Psychologic disorder – there is something wrong with the (+) damages reasoning (mas mabigat) ○ Lucid interval law – when the insane regain sanity Performance of a lawful act Under 15 y/o (if exact 15 yrs old, liable na) Under force Under fear Failure to perform an act ○ Force majeure – unforeseeable circumstances 3. Mitigating Under 18y/o or over 70 y/o (+) imprisonment (mas mababa No intention (accidental killing) (+) damages ang penalty) Voluntary surrender Deaf & dumb/ with physical defect Neurologic disorder ○ Neurologic disorder – there is a problem with the functioning of the brain but there is no problem in reasoning ○ Ex. Seizure, Epilepsy 4. Aggravating Homicide (ordinary killing) (+) imprisonment (tataasan ang ○ Kills someone from infront (+) damages penalty) ○ can defend himself ○ 20 years in prison Murder (mas mabigat) ○ Kills someone from the back ○ treachery, you do not give the victim an opportunity to defend himself ○ 40 years in prison Treachery/taking advantage of superior strength or position Price, reward, promise (pay someone to kill somebody) Use of fire, poison, explosion isaiah 41:10 Jurisprudence | 6 review - jurisprudence N.O.P. Calamities Craft, fraud or disguise Evident premeditation (plano talaga and have evidence) Cruelty (ex. burned a valley) 5. Alternative May increase/ decrease criminal liability depending on the nature (depende sa and effects of the crime paggamit sa Relationship paggawa ng ○ You kill the person (homicide), under investigation the killer krimen) is the father, mas mataas ang penalty (aggravating), becomes parricide – life imprisonment ○ If involving properties (theft and robbery) and the offender is related to you, bababaan ang penalty (mitigating) Intoxication ○ Ex. kalasingan at may ginawang krimen Degree of instruction/education ○ Ex. Abortion that involves a doctor / midwife / nurse, aggravating penalty 5 TYPES OF KILLING 1. Parricide La Familia 6 victims: life imprisonment (you die in prison) 1. Father highest form of a crime killing 2. Mother 3. Children (legitimate, illegitimate, legally adopted) 4. Ascendants (Grandparents) 5. Descendants (grandchildren) 6. Spouse (legal spouse) 2. Murder killing with aggravating circumstances Reclusion Perpetua (maximum of 40 years) If still alive after 20 years and 1 week, you are free man 3. Homicide (outside the list of parricide) 12 years imprisonment 1. Siblings 2. Boyfriend / Girlfriend 3. Mistress 4. Infanticide If kills the baby exactly at 3 days from delivery (homicide) killing of a baby (killing of an infant less than 3 days or 72 hours) 5. Suicide killing of oneself, not punishable under the law, giving assistance to suicide by giving the means (Physician-assisted suicide) 12 years to 20 years imprisonment isaiah 41:10 Jurisprudence | 7 review - jurisprudence N.O.P. CRIMES THAT INVOLVE TOUCHING 1. Acts of Lasciviousness With touch in private area (breast, genital, butt) If the intention is “Lewd” (sexual in nature) ○ Mga taong manyak ang kinakasuhan Senior citizens are not exempted, if > 70 yrs old, mitigating penalty Same position in workplace 2. Unjust vexation Annoys / irritates another person with or without touch ○ Ex. wolf-whistling / cat-calling PHYSICAL INJURIES 1. Serious Physical Injuries If beyond 30 days hospitalization If attacked in the face (ex. nalaglag ang ngipin) 2. Less Serious Physical Injuries If 10-30 days hospitalization 3. Slight Physical Injuries If 9 days below hospitalization Ex. slapping on the face Mutilation under the animal welfare act – mutilation in animals RAPE (Sex without consent) expires in 20 years 1. Marital Rape Victim is only a wife 2. Statutory Rape Victim is a child RA 11648 – law that increase the age for sexual crimes Below 16 years old (although may consent, pwede pa din kasuhan) 2 conditions para walang kasalanan ang lalaki: 1. Age gap is 3 years 2. The woman gave her consent and not exploitative 3. Rape through sexual Ex. fingering assault Holes of the body that can be raped: ○ Oral orifice (mouth) Anyone who inserts his penis into the oral without consent ○ Genitalia ○ Anal Anyone who inserts anything isaiah 41:10 Jurisprudence | 8 review - jurisprudence N.O.P. CRIMES INVOLVING PROPERTY 1. Robbery Anyone who gets the personal property of another with the use of Force Violence or Intimidation (FVI) Ex. Naglabas ng knife para makuha ang cellphone Lahat ng klase ng holdup 2. Theft We just get the personal property of another peron without consent Ex. Kinuha lang ang cellphone 3. Simulation of 3 Cases: Birth 1. You pretend that the woman gave birth – punishable because of changed civil status 2. Exchanging of babies – most common, the “Mara Clara Syndrome” 3. Intentional – you put a wrong information in the birth certificate TORTS 1. Intentional Assault – there is no actual touching, you are just threatening the patient Battery – intentional unconsented touching of another person False Imprisonment – restrain of patient without doctor’s order; deprive another of his freedom of movement or space Illegal Detention – patient is for discharge but the hospital does not allow the patient to go because of pending payment 2. Unintentional Negligence Malpractice Defamation – character assassination (paninirang-puri); information is not true 1. Slander – oral 2. Libel – written Invasion of privacy – unjustifiable intrusion into the patient’s personal life without consent Misdemeanor - an act less than a felony (sobrang kapilyohan ng isang tao) A person who use the licensce of another person to practice nursing is liable for what? A. Negligence [if licensed] B. Malpractice [if licensed] C. Misdemeanor D. Invasion of privacy isaiah 41:10 Jurisprudence | 9 review - jurisprudence N.O.P. LEGALITIES By: Atty Deirdree C. Culhi, RN SOURCES OF LAW 1. Constitutional Law The supreme law of a country Creates legal rights and responsibilities Foundation of a system of justice Lahat ng batas galing sa Constitution ○ Executive – from the president ○ Legislative – from congress Senate House of respresentative ○ Judicial Department – the third division of Supreme Court Decision that is responsible for justice 2. Legislation Law / Enacted by any legislative body Statutory law The regulation of nursing is a function of state law Ex. RA 9173 – Philippine Nursing Law The congress made a law prohibiting this and that, what do you call this type of law? LEGISTLATIVE/STATUTORY 3. Administrative Law It creates rules and regulation to enforce the statutory law Ex. Department of Health, CHED, kanya-kanyang gawa na ng policies, rules and regulations but aligned in statutory law; If violated, Administrative Case is filed *Walang administrative kung walang legislation, walang legislation kung walang constitution 4. Common Law / Laws evolving from court decisions Case Law Interpreting and applying the constitutional or statutory law Ex. If there is a similar case in 1940, pwedeng gamitin to decide on the present case with similar facts 2 TYPES OF LAWS Public Law Private Law Govern the relationship of the government Govern relationship of individuals or among and the people people themselves Criminal Law: Civil Law: Felony Tort Law Misdemeanor Contract Law isaiah 41:10 Jurisprudence | 15 review - jurisprudence N.O.P. 3 LAWSUIT IN NURSING PRACTICE A. Criminal Action Types: (Public Law) 1. Felony – punished by law (Revised Penal Code) 2. Offense – by special law Ex. If you violate any of the provisions of RA 9173 like practicing while your license is suspended. A nurse is liable for an offense. What case should be filed? Criminal Case 3. Infraction – by an ordinance Ex. Nagannounce na bawal magyosi; A nurse violated an ordinance. What case should be filed? Criminal Case Parties: Plaintiff (sues) and Accused (sued) Evidence Required: Proof beyond reasonable doubt ○ evidence na sya talaga ang gumawa ng krimen ○ pinakamataas na klase ng evidence B. Civil Action Types: (Private Law) 1. Torts a. Intentional Torts: i. Assault – threatening ii. Battery – touching without consent iii. False Imprisonment – deprive a person of movement b. Quasi Intentional Tort: i. Invasion of Privacy ii. Defamation of Character iii. Slander and Libel c. Unintentional Torts: i. Negligence ii. Malpractice 2. Breach of Contract Law: Civil Code Parties: Complainant (sues) and Defendant (sued) Evidence Required: Preponderance of evidence (convincing evidence) C. Administrative Action Laws: Disciplinary action 1. Government Employees: for an administrative a. Civil Service Law (PD 807) offense b. Code of Conduct for Public Official and Employees (RA 6713) pinakamababang People working in government sector kaso Ex. Kabit ng Mayor ang secretary, Nurse and Surgeon Punishment: c. Anti-graft Law (RA 3019) suspension and Ex. Graft and Corruption revocation, no 2. Private Employees: imprisonment and no a. Labor Code (PD 442) payment of damages People of private sector, author is Ferdinand Marcos Senior isaiah 41:10 Jurisprudence | 16 review - jurisprudence N.O.P. Parties: Complainant (sues) and Respondent (sued) Degree of Evidence: Substantial evidence ○ pinakamababang klase ○ kung sinong may maraming evidence ang mapakita STATUTE OF LIMITATIONS The length of time following the event during which the plaintiff may file a suit Expiration of crimes The time that you should bring the case to court otherwise you lose your legal right Example: negligence – filed within 2-3 years from occurence Nurses as witness: Privileged Communication Situation: Sinabi ng patient sa nurse na kabit sya ng doctor pero secret lang, and nalaman ng legal wife Exceptions: 1. Criminal Case The wife files a case of adultery 2. With the patient’s consent “Sige sabihin mo na sa court kung ano ang inamin ko” 3. Patient sued doctor for damages Ex. You can testify if the doctor leaves the sponge in the patient Outside of these three, *A secret remains a secret* Q: For privileged communication in the doctor, the nurse and the patient, the seal of secrecy: A. Forever remains until removed by patient B. may be broken upon death of the patient C. may be disclosed when the patient is insane D. all of the above Hearsay Evidence Rumors, not admissible in evidence Yung totoong narining at nakita mo, at hindi ang sinabi ng kasama mo hindi pwede ang tsismis Ex. Sabi po ng nurse na kasama ko…. OBJECTION! Dying Declaration / Situation: If the victim is sill conscious, there is one question that could be Ante Mortem Statements used as an evidence in court “Do you know who did this to you?” In the ER, DOA. The case is filed in court and you become subpoena. Considered hearsay unless the dying person is a victim of a crime Tatanggipan lang kapag victim ang nagsabi Perjury Is the willful telling of a lie under oath If you tell a lie in court, you could be liable for perjury “I swear by Almighty God that I will tell the truth, the whole truth, and nothing but the truth.” isaiah 41:10 Jurisprudence | 17 review - jurisprudence N.O.P. UNINTENTIONAL TORTS 1. Negligence - An act of omission Professional Negligence Simple Negligence or commission Malfeasance / Malpractice Misfeasance / Act Nonfeasance / Act of Commision of Omission Omission: - Failure of duty is the performance of some act improper omission of some - “Hindi mo ginawa which ought not be done performance of act which ought to yung dapat na *Malpractice is now a kind of some act which be performed trabaho mo” negligence might lawfully be (ex. As long as RN ang done Commission: nagkamali sa bedside, - Breach of duty malpractice and sagot) - “Ginawa mo yung tabaho pero mali ang pagkakagawa” 3 ESSENTIAL CONDITIONS FOR ACTIONABLE NEGLIGENCE (EFI) E Existence of a duty F Failure to perform / Breach of duty I Injury resulting from such failure 3 DOCTRINES UNDER NEGLIGENCE: *CBQ* 1. Doctrine of The thing speaks for itself “Res ipsa Loquitur” will apply to the nurse who committed unlawful act Ex. kita na sa mukha ang injury that can serve as evidence Ex. sponges that can be seen in x-ray 2. Doctrine of Principal answers for the acts of its agents “Respondeat ○ Sagot ng boss and pagkakamali ng employee Superior” *DOES NOT SHIFT LIABILITY TO EMPLOYER OR MASTER ○ May kasalanan pa din ang nurse Kapag wala sa OR, natrasfer na sa ward Captain of the Ship Liability of a surgeon as head of the team in the Doctrine operating room Will only apply in the operating room 3. Force Majeure Act of God; fortuitous event isaiah 41:10 Jurisprudence | 18 review - jurisprudence N.O.P. 2. Malpractice If proven: 1. Criminal liability - Practice beyond the 2. Damages scope of authority 3. Ground for suspension and revocation of license - Ex. In terms of BON lang ang pwedeng magrevoke suturing, pwede lang ay sa perineal Nurse Alvin is assigned to a cranky and demanding patient suffering from peripheral neuropathy. One day the patient was chilling and needed blankets and hot water bag. Nurse Alvin placed the HWB without cover directly to the patient's foot. The patient suffered 2nd degree burns. Nurse Alvin may be sued for: a. Breach of duty b. Negligence c. Justice d. Malpractice The facilitator gave an example of a nurse who gave the wrong medication to a patient. The result was severe allergic reaction. The nurse could be sued for: a. Battery b. Malpractice c. Negligence d. Assault Rene was a staff nurse assigned in the medical ward. The physician ordered 20 units of insulin injection to a client with diabetes. Nurse Rene administered 20 cc of Insulin instead. After 30 minutes the client developed hypoglycemia and died. Nurse is liable for: a. Negligence b. Tort c. Malpractice d. Assault 6 KINDS OF CIVIL LIABILITY (MENTAL) M Moral Damages For physical suffering, mental anguish, anxiety, sleepless nights, humiliation E Exemplary / Corrective Damages By way of example for the public N Nominal Damages Vindication of recognition of legal right T Temperate / Moderate Damages Pecuniary loss but amount cannot be proved with certainty Estimate the money because there is no presented evidence A Actual / Compensatory Damages Losses actually sustained by plaintiff May evidence to prove the actual amount L Liquidated Damages Agreed upon by parties to a contract in case of breech thereof isaiah 41:10 Jurisprudence | 19 review - jurisprudence N.O.P. TELEPHONE ORDERS Kung talagang di makapunta ang doctor only if emergency din Kapag may tumawag na doctor, 2 nurses should be present because one will be a witness Write it on the doctor’s order sheet in patient’s chart Doctor should sign within 24 hours, kapag di napermahan and something happens to the patient, the nurse na tumanggap will be liable NURSES and CONTRACTS CONTRACT Agreement between at least two parties which create an obligation recognized by law Validity of a contract is different from legality of a contract Validity of a contract includes: Agreement (meeting of minds) 3As Acceptance by both parties At least 2 persons involved Essential requisites: Consent (Implied or expressed) COC Objects certain Cause or Consideration 5 Types of Contract: 1. Implied terms are inferred from actions of contracting parties 2. Expressed verbal / written, terms are specified 3. Void or inexistent inexistent from the very beginning Ex. Contrary to law ○ Marijuana na binili pero di binayadan, di makakasuhan kasi prohibited to law If it is prohibited by law, it is void 4. Illegal / unenforceable consent obtained through fraud, undue or duress Ex. may nakatutok na baril para permahan, napilitan makipagkontrata dahil pinilit o niloko, hindi pwedeng ienfore sa court 5. Voidable / annulable one of the parties is incapable of giving consent ○ Minor or insane According to Format 1. Formal Required to be in writing by special laws (written) Ex. Marriage, Deed of sale 2. Informal The law does not require the same to be in writing (not written) isaiah 41:10 Jurisprudence | 20 review - jurisprudence N.O.P. Q: A person entered the clinic of a doctor for treatment. What type of contract? A. Formal B. Implied C. Informal D. Expressed Q: A nurse and a pregnant woman agreed that the nurse will do home delivery for a fee. What type of contract? A. Informal B. Implied C. Expressed [verbal contract] D. Formal BREACH OF CONTRACT Failure without legal excuse to perform any promise which forms the contract A civil law that requires to pay for the damages but not imprisonment WILL An act whereby a person is permitted the disposition of an estate to take effect after his death Different from the living will, this pertains to the last will and testament because nurses can be witnesses Terms: Decedent person whose property is transmitted through succession A person has properties to dispose Testator a decedent who left a will Gumawa na ng will Heir a person called to succession (tagapagmana) Types of 1. Testate – a person dies leaving a will Succession: 2. Intestate – a person dies without leaving a will (namatay na walang last will) hindi nalaman kung saan nakalagay yung will and testament Two Kinds: 1. Notarial will Acknowledged before a notary public (lawyer), with attestation clause There should be at least 3 witnesses to be valid ginagawa sa harap ng abogado 2. Holographic will Entirely written, dated, and signed in the handwriting of the testator isaiah 41:10 Jurisprudence | 21 review - jurisprudence N.O.P. Who makes wills: 1. Those not expressly prohibited by law 2. 18 years old and above 3. Sound mind Who could be 1. Sound mind witnesses: 2. 18 years old and above 3. Not blind, deaf or dumb 4. Able to read and write Nurse’s Obligation 1. Note the soundness of client’s mind in the execution of a Only a conscious client can make his/her last will and testament will: 2. Note that the will is signed by the testator If di pwede magsulat, thumbmark pero dapat makita na sya talaga 3. Note that the witnesses shall be present at the time and sign in the presence of testator GIFT MORTIS Legal heirs first before the nurse or other person CAUSA ○ Legal heirs – wife, children (legitimate and illegitimate) Will only be valid by the death of the giver Limitations: 1. Limited to personal properties Ex. No to house and lot 2. Acceptance by the recipient 3. Gifts are revocable and subject to the claims of creditors Pwedeng bawiin isaiah 41:10 Jurisprudence | 22 review - jurisprudence N.O.P. PHILIPPINE NURSING LAW (RA 9173) Previous Nursing Law 1. RA 7164 Philippine Nursing Act of 1991 does not govern the practice of nursing The old RA 9173 2. RA 877 Philippine Nursing Act of 1953 First republic act to become a Philippine Nursing Law 3. Act # 2808 Philippine Nursing Act of 1919 First true nursing law Implementing Rules and Regulations (IRR) of RA 9173 was passed through BON Resolution 425, s 2003 The Phil Nursing law was promulgated on October 21, 2002 Incoming proposed new law: The House of Representatives has just unanimously approved on third and final reading House Bill No. 9389 or the New Philippine Nursing Practice Act Among the salient features of HB 9389 include, among others: ○ The minimum base pay of ALL NURSES, whether they are working in the public sector, in private healthcare facilities, in industrial or community settings SHALL NOT, UPON ENTRY, BE LOWER than the rate assigned to SALARY GRADE 15 (SG 15) in the government service. Salary grade 15 = 33,800 Among nursing incentives and benefits are: ○ Free hospital care ○ Scholarship grants ○ Other non-cash benefits for nurses and their dependents subject to existing regulations ○ For general units, the maximum number of patients that a nurse may effectively and safely handle at any given time is TEN (10). Thus, the minimum safe staffing ratio standard for general units is 1:10. BOARD OF NURSING Composition: Chairperson and 6 Members (7) The BON is composed of 7 members *Don’t answer an even numbers isaiah 41:10 Jurisprudence | 29 review - jurisprudence N.O.P. Appointment: PNA nominates 3per vacancy → PRC recommends two → Appointment by the PRESIDENT of the Philippines BON shall represent 3 areas of Nursing (Sec. 4) (CNN) C Community Health Nursing N Nursing Education N Nursing Service BON Qualifications B Be natural born citizen and resident O Of good standing in the PNA A At least 10 years continuous practice Last 5 years shall be in the Philippines R RN with master’s degree There are 3 kinds of master degree: ○ Education ○ Nursing ○ Any of the allied Sciences (Sociology, psychology, etc.) Chairperson: the only allowed master’s degree is nursing D Does not have conviction of any offense (moral turpitude) FUNCTIONS OF BON POWER F Forward guideline, regulation and measure Quasi-Legislative U Undertake hearings and investigation (may issue subphoena) Quasi-Judicial N Necessary powers to enforce quality standards Executive C Conduct Licensure examination for nurses Executive T To promulgate Code of Ethics (BR 220, series of 2004) Quasi-Legislative I Issue, suspend, revoke certificates of registration (BON) Executive O Observe and ensure quality education Executive N Nursing Specialty Organization recognized Executive S Submit annual reports to the Commission Executive isaiah 41:10 Jurisprudence | 30 review - jurisprudence N.O.P. *Anything pertaining to the making of laws for the nursing profession, “Legislative” *Since di sila kongreso talaga, “Quasi” means as if they are also people from congress BON PRC prepares the board examination for nurse, gives the board examination for nurses Primary responsibility is the issuance of the releasing agency license BON CHED No authority to open or close the school Can decide whether to close or reopen if the Recommendatory power to make a school did not comply in quality education (no recommendation to CHED skills/lab, no cases of students, no master’s degree in clinical instructor) Term of Office: 1 term = 3 years Maximum of two terms (6 years) Unexpired portion of the term ○ If the event of vacancies, ○ Ex. 1 year lang ang natapos, nagkasakit nagresign, the person taking over will serve for 2 years then eligible na for reappointment because they are given maximum of 2 terms Q: The chairman and members of the board shall hold office for: a. 6 years b. 5 years c. 3 years d. 10 year Rationale: Mandatory upon appointment, hindi mandatory mabigyan ng 2nd term, dapat talagang tapusin is the 1st term Requirements upon qualification (RN) R Resign immediately Teaching position – school / review center Office or employment – public / private sector N No pecuniary interest Not owner of review center Not owner of college of nursing because it involves money matters and can cause conflict of interest ➔ Kung sinong nagappoint (President), sya lang din ang magtatanggal ng BON isaiah 41:10 Jurisprudence | 31 review - jurisprudence N.O.P. Removal / Suspension (ICU) I Incompetent / continuous neglect of duty C Commission / tolerance of irregularities in the board exam Ex. leakage in 2006 U Unprofessional, immoral and dishonorable conduct Priority in Appointment: Chief Nurse in Public Health Agencies (like in DOH) ○ Master’s Degree in Public Health / Community health nursing Chief Nurse in Military Hospitals ○ Master’s degree in Nursing ○ Completion of the General Staff Course NURSING PRACTICE POSITIONS IN THE NURSING PRACTICE Position MA Qualification Years of Experience BON MA (Education, Nursing, Allied 10 years of experience Sciences) Faculty MA (Education, Nursing, Allied 1 year clinical practice Sciences) Dean MA in nursing only 5 years administrative position teaching and supervised nursing program Chief Nurse MA in nursing only 5 years administrative position (Nursing Service Department) supervisory or managerial position Supervisor 9 units management and 2 years general nursing administration course administrative position Chief Nurse 9 units management and 2 years administrative position (Primary Hospital) administration course Staff Nurse None None 3 common qualifications present in every position: Filipino citizen PNA Member Only a registered nurse isaiah 41:10 Jurisprudence | 32 review - jurisprudence N.O.P. Scope of Nursing Practice (PPPC) P Provides nursing care: at different stages of life (from conception to old age) CARING ROLE: Make the nursing profession unique from other professions. P Practitioner - promotion of health and prevention of illnesses (health education) Nursing Practitioner / Independent Nurse Practitioner ○ should engage advanced nursing practice ○ should have specialization in any fields of practice like OR, OB, MS, etc. ○ You can have clinic but you should not make medical diagnoses, you can refer the patient to a doctor P Performs nursing services - Individual, Family, Community (IFC) C Collaborate with other health care providers DIFFERENT DUTIES D Do utilize Nursing Process Development of advance nursing practice U Undertake consultation services [Nursing diagnosis not medical diagnosis] T Trainings and seminars (CPE) [15 CPE units upon second renewal, should be accredited by PNA] Teach, guide, supervise nursing students [Juris of a Nurse sec 38, RA 9173] I Interlinkages with community resources (DOH – outreach programs, medical mission) Internal examination [Exception: to determine cause of antenatal bleeding, only doctor] E Educate IFC S Suturing of Perineal laceration [episiorrhaphy] Inactive Nurses Nurses who have not actively practiced the profession for FIVE (5) consecutive years can return to practice after Kapag hindi nakakapagrenew at di nagagamit ang lisensya, your name will be delisted in the registered nurse Requirement to reactivate: 1:3 One month didactic training ○ lectures and seminars to upgrade knowledge Three months practicum ○ voluntary work in an accredited government hospital isaiah 41:10 Jurisprudence | 33 review - jurisprudence N.O.P. Registration by Reciprocity Practice through Special Permit (MOP) for long-term employment in the Philippines for short-term employment in the Philippines Foreign Licenced Nurse 1. Medical mission nurses na licensed sa ibang bansa Kapag may mga ipapadalang doctors / nurses A FLN to be employed in Phil must comply: 2. Outstanding Expert 1. Requirement for registration is Ex. author ng book ay gustong maging speaker substantially the same 3. Professor on exchange employment 2. Same privileges given to registered Pwedeng magpadala ng clinical instructors sa nurses of the Philippines ibang bansa at may pupunta din dito Comprehensive Nursing Specialty Program (scholar ng government) Purpose: Areas of Specialty identified: Upgrade level of skills and competence of 1. Critical care specialty nurse 2. Oncology Funding: 3. Renal Care PCSO 4. Other recommended by the BON PAGCOR You cannot leave the country, serve for 2 years 1. Which of the following qualifications are required for a Dean of a College of Nursing? a. Supervisory and teaching experience in nursing education for 5 years b. Master's degree in nursing c. Member of the Assoc of Deans of Philippines (kapag dean na) d. Colleges of nursing e. Member of the PNA f. Currently paid annual registration fee 2. Which of the following qualifications are required for a chief nurse or Nursing Service Director? a. RN in the Philippines b. At least two years experience in nursing administration c. with atleast 9 units in mgt course in the graduate level d. Master's Degree in Nursing e. Have atleast 5 years experience in nursing administration 3. Which of the following are the requirements for a chief nurse of a primary hospital? a. RN b. 2 years experience in general nursing service administration c. 5 years experience in nursing administration d. Master's Degree in Nursing e. Member of Accredited professional organization isaiah 41:10 Jurisprudence | 34 review - jurisprudence N.O.P. 4. Which are the qualifications of a faculty of Nursing? a. MA degree in nursing b. MA degree in Education c. MA in Health Education d. MA degree in business administration 5. Who among the following is prohibited to practice nursing in the Philippines? a. Danaya,RN, 30 years old, who works as a counsellor in a family planning clinic b. Pirena, RN, 25 years old, working in a Center for Special Children c. Alena, BSN, RM, 23, who works in a well family care clinic d. Amihan, RN, 63 years old, who works as a coordinator in a review center after retirement 6. Under the current law, there are seven members of the Board. The membership shall represent which of the following? a. Nursing Education b. Nursing Service c. Community health nursing d. Mother and Child nursing e. Mental health and psychiatric nursing 7. Which of the following does not govern practice of nursing in the Philippines? a. Board resolution on Standards of safe nursing practice b. Code of Ethics for Registered Nurses in the Philippines c. RA 7164 d. RA 9173 8. Which of the following duties and responsibilities are considered within the scope of the nursing practice? a. applies sublingually nitroglycerine to a hypertensive patient then refer to the doctor b. does internal examination to determine cause of antenatal bleeding c. does episiotomy [episiorrhaphy] d. attends to normal deliveries 9. Which of the following foreign licensed nurse may be allowed to practice nursing in the Philippines? a. Filipinos who are educated and licensed in a foreign country but decides to work in the Philippines b. those who were born in the Philippines but has acquired Canadian citizenship c. those who participate in medical missions for less than a month d. those who are foreign nationals but married to Filipino citizens 10. Which of the following provisions is embodied in RA 9173? a. students entering nursing must belong to the upper 40% of high school graduating class b. a refresher course is required for those who failed three times c. the board recognizes nursing specialty organizations d. the Board is composed of five members including the chairman isaiah 41:10 Jurisprudence | 35 review - jurisprudence N.O.P. EXAMINATION AND REGISTRATION Qualifications (Admission to licensure Examination): Citizen of the Philippines Person of good moral character BSN holder (school: complies with the standards of nursing education) – duly Recognized ○ mandatory, dapat meron ang school, bigay ng CHED, kapag wala di pwede mag board exam; accreditation ay pwede naman iapply lang Citizen of the Philippines: By birth By election ○ Jus Soli – by territory (pinanganak sa ibang bansa) ○ Jus Sanguinis – by blood (as long as Filipino ang magulang, Filipino pa din) By naturalization – foreign to Filipino By Repatriation – originally Filipino ○ Ex. nagasawa ng Afam, naging american citizen; if gustong maging Filipino ulit, apply for repatriation Old law – 18 years old is the minimum requirement to take the board exam Now, there is no minimum age requirement To practice nursing, it starts at 18 years old RATING General average: 75% No grade below 60% in any subject Removal examination – the score below 60%, you should retake it within 2 years, if not, take all the exam CERTIFICATE OF REGISTRATION Full name of the professional Serial Number Signature of the chairperson of the commission and members of the board ○ There should be 8 signatures: (1) PRC Commissioner and (7) Members of the BON ○ In reality, 3 signatures includes: PRC commissioner, Chairperson of BON, one of the members Official seal of the commission Scanned picture isaiah 41:10 Jurisprudence | 36 review - jurisprudence N.O.P. PROFESSIONAL IDENTIFICATION CARD Full name of the professional License number Date of registration Date of issuance and expiration ○ On or before of your birthday on the 3rd year Signature of the chairperson Bar code Picture of the RN PRC Identification Card Renewal every three years Continuing Profession education unit – 60 contact hours Suspension – Temporary Revocation – More permanent Re issue of revocation – Wait period is minimum of 4 years SUSPENSION / REVOCATION of certificate of registration / license G Gross incompetence / serious ignorance U Unprofessional / unethical conduct M Malpractice / negligence F Fraudulent Misrepresentation – starts the moment you apply for board exam, the requirement should be true and accurate I Illegal practice – if suspended, you are supposed to stop practicing nursing Kapag nalaman ng BON na nagpapractice ka pa din, it will lead to permanent revocation C Conviction of any criminal offense (accused is being not convicted) *Insanity declared by the doctor and the court is a ground of suspension and revocation* Re-Issuance of revoked Certificates Expiration of a minimum of four years from the date of revocation The CAUSE of revocation has disappeared / corrected Proper application ○ Kailangang magsubmit ng petition sa BON and must be handwritten (for sincerity) Payment of required fees isaiah 41:10 Jurisprudence | 37 review - jurisprudence N.O.P. Code of Ethics for Nurses BR 220 S 2004 Quasi-Legislative PREAMBLE 1. Fundamental responsibility of the nurse is four-fold Promotion of health - most basic Prevention of illness Alleviation of Restoration 2. Nurse renders service regardless of race, creed, nationality or political belief (no discrimination) 3. Nurse protects life and respects the dignity of man (Inviolability = highest form of respect) 4. Nurse works in collaboration with members of the health tram Registered nurses and People Ethical Principles: V Values and spiritual beliefs I Individual decisions P Personal information Guidelines to be observed (to not violate the VIP) a. Culture and values considered - In the event of conflict, welfare and safety take precedence b. Uphold the rights and individuals c. Respect spiritual beliefs and practices - diet and treatment d. Ensure individuality and totality Spiritual belief and safety = prioritize spiritual belief Culture and safety = prioritize safety Registered nurses and practice P Professional (E, L, M) awareness R Records confidential A Accurate documentation - hallmark of nursing accountability C Cognizant that Nursing Speciality Certification Council (NSCC) accredits professional programs Body that created the BON recognized = BON Body accredits programs = NSCC isaiah 41:10 Jurisprudence | 43 review - jurisprudence N.O.P. T To be advocated I Inviolability of human life C Competence Ex. CPE 15 units / contact hours of CPE E Excellent and quality care Guidelines to be observed: (Dont's) 1. Not allow to be used in advertisements that demean image of the profession 2. Not accept any gift, favor or hospitality from patient Food, initiative should come from the patient Money, do not accept 3. Not dandband receive free for recommendations made 4. Not abuse relationship Registered Nurses and Co-Workers Ethical Principles: (SHe) 1. Solidarity 2. Healthy working relationships Professional identity maintained Respect rights of co-workers Actively participate in organization Yields to group acti Shares in professional goal Ethical principles: (HE) 1. Healthy environment and preservation of life, respect for human rights 2. Establishment of linkages (DOH) P Participate in programs L Lives to uphold right principles isaiah 41:10 Jurisprudence | 44 review - jurisprudence N.O.P. A Active role in primary health care Y Yearns to uplift image of profession S Serves the community REGISTERED NURSES AND THE PROFESSIONS Ethical Principles: (LUCK) L Loyalty maintained U Uphold by laws of PNA C Commitmentb to CPE K Know appropriate legislation Additional: Basis - Code of Good Governance for professions in the Philippines Violation of code - Ground for suspension or revocation of Certificate of Registration Date of effectivity July 14, 2004 Code of Ethics for RN Beneficence and nonmaleficence Totality and steward Fidelity and veracity 10 rights - beneficence Has specific procedure - Nonmaleficence Paternalism father-son relationship Totality - body should functiin as a whole Stewardship - not harm our bidy because it is God's….. 8 Sharing or Allocation of Resources - applies when resources are scanty or very limited 9. Respect - treat all individuals as persons with rights and …. 10. Privacy - freedom from unwarranted publicity or exposure 11. Veracity - truth-telling 12. Fidelity - be faithful to your patients Nursing Ethics Ethics - study of the norm of human acts as guided by human reason isaiah 41:10 Jurisprudence | 45 review - jurisprudence N.O.P. THEORIES 1. Egoism Self-interest of the doer determines goodness of the act 2. Utilitarianism Ethical if Consequentialism / Minimizes pain and suffering (Ex. Euthanasia) Deontologism - Active: doing, ex. Giving meds to kill the patient - Passive: unhook the patient from the respirator - Involuntary: Family give consent (DNR) - Voluntary: comes from the patient Maximizes pleasure Seeks happiness of the majority 3. Deontologism Legalistic view "What is legal is not necessarily ethical' Ex. Abortion 4. Relativism / Standard of right or wrong is relative to people, to time, and to place Subjectivism 5. Situationalism "Love theory" 6. Natural Law Theory Work of creator Additional: 1. Hedonism Principle of pleasure, of what is easy; of what is profitable for self Honest attitude and commitment 2. Pluralism To do what majority of people are doing Priorities in life/proper decorum 3. Consumerism "Madness sale" principle of buying all that is advertised Simple lifestyle PATIENT'S BILL OF RIGHTS 1. Right to considerate and respectful care - Nurse avoids discriminating acts "tender loving care attitude" 2. Right to information about diagnosis, treatment and prognosis - RIGHT TO TRUTH 3. Right to informed consent - To accept or refuse treatment - Principles: voluntariness, information, capacitated 4. Right to an advance care directive - Makes known in writing the wishes or preferences of the patient - Subjects: A. Show risk for early dementia B. Show risk for stroke C. Activities: severe head injuries isaiah 41:10 Jurisprudence | 46 review - jurisprudence N.O.P. D. Severe and recurrent psychiatric illness E. Terminally ill 5. Right to privacy 6. Right to confidentiality - all records and communications held un confidence - When to divulge information a. Patient placed in 7. Right to go over records 8. Right to services and to transfer - referrals 9. Right to know relationship with other institutions 10. Right to be subjects of research or experimentation 11. Right to expect reasonable continuity of care – follow up consultations 12. Right to examine and receive an explanation of his bill, right to know hospital rules and regulations 2 Kinds of Directive 1. Instructive Directive 2. Pro isaiah 41:10 Jurisprudence | 47  |review RESEARCH RESEARCH French term: "Cer chier" – to seek, to discover the unknown, to know what you do not know A systematic inquiry (a step-by-step process) Uses disciplined methods and processes - purposes, actions, goals It is “new” – to avoid duplication (liable for plagiarism) Precise, accurate, with no biases 7 Characteristics of Research (C-CLEAR-M) C Cyclical – recurrent; repeated It starts with the problem and end with a problem C Critical – objective analysis and evaluation of data L Logical – rational thinking / judgment *CBQ* Deductive reasoning ○ Quantitative ○ General to specific (deduce) Inductive reasoning ○ Qualitative ○ Increase from specific to general E Empirical – based on observation or Experience A Analytical – systematic and investigation R Replicability – repeat to test findings M Methodical – established form of procedure Nursing Research Systematic inquiry about issues important to nursing Primary reason/purpose: Improving practice - patient outcomes Importance of 1. Evidence-based Nursing Practice Nursing Research: ○ making patient care decisions ○ Research purposes related to EBP: Treatment, Therapy or Intervention Diagnosis and Assessment Prognosis Prevention of harm Etiology or causation Meaning and Process 2. Credibility of the Nursing Profession ○ Existence of a body of knowledge that is distinct 3. Accountability for Nursing Practice ○ Sound rationale for their actions 4. Documentation ○ The social relevance and effectiveness of their practice isaiah 41:10 RESEARCH | 1 review - RESEARCH N.O.P. Nursing Research: A Historical Perspective Nineteenth Century – Florence Nightingale After 1850 ○ Systematic collection and exploration of data ○ Reforms during the Crimean War Twentieth Century – Lilian Wald Before 1950 ○ Documentation to establish nursing as a profession ○ Centered on morbidity and mortality rates ○ 1920: First nursing research course Twentieth Century – Research priority: Practice-oriented research After 1950 1986: National Center for Nursing Formed (later became NINR) Expansion of master’s and doctoral programs ETHICS IN RESEARCH 1. Right to self-determination Informed consent implies that: (VIC) a. Participated voluntarily b. Received adequate information c. Capacitated (no minor and insane) RA 6809 – Emancipation law Emancipated minor – a woman below 18 years old that is pregnant can decide on herself or her children (can sign an informed consent) 2. Privacy a. Anonymity Protect identity of the subjects Kapag nakilala, anonymity does not apply b. Confidentiality of information Information they provided will never be publicly divulged 3. Protection from harm Right from physical, mental and moral harm 4. Rewards / Includes these issues: Promises / a. Right to be presented in the sample Social Justice b. Right of equal access to knowledge Right to full disclosure – ibigay mo and info na gustong malaman ng sample mo c. Right not to be discriminated against Justice and fairness 5. Debriefing Right to full explanation of experimental design isaiah 41:10 RESEARCH | 2 review - RESEARCH N.O.P. NUREMBERG CODE DECLARATION OF HELSINKI Give researchers the right to conduct human Experiments should not be done in violation of experimentation – informed consent human rights *Must comply with these international laws when you make research and your subject is people* ETHICS IN RESEARCH *CBQ* 1. A student at a premiere university in Manila reported to the dean, "I am scared that if I don't participate in Mr. Juan's research he would give me a failing grade and lose my scholarship." Which of the following rights of a research participant needs to be explained to this individual? a. Right not to be harmed b. Right to full disclosure c. Right to self determination d. Right to privacy and confidentiality 2. The protection of the participants in a study so that even the researcher cannot link the subject with the information provided is known as: a. Privacy b. Confidentiality c. Anonymity d. Protection 3. If a researcher promises not to divulge the information gathered from the respondents he is applying the principle of: a. Anonymity b. Confidentiality c. Privacy d. Ethics 4. If the researcher protects the subjects from physical, moral and mental harm, he is practicing what value? a. Nobility b. Integrity c. Equity d. Fidelity 5. If the researcher keeps all information confidential, the value practiced is: a. Nobility b. Integrity c. Fidelity d. Veracity isaiah 41:10 RESEARCH | 3 review - RESEARCH N.O.P. RESEARCH PROCESS Identification of Problem Chapter 1 1. Conceptual Phase Review of Literature Chapter 2 Formulation of Hypothesis 2. Design and Plan Phase Designing of Research Protocol Chapter 3 3. Empirical Phase Collection of Data Chapter 4 part 1 4. Analytical Phase Analysis and Interpretation of Data Chapter 4 part 2 5. Dissemination Phase Publication of Results Chapter 5 PHASE 1: CONCEPTUAL PHASE RESEARCH PROBLEM A situation in which calls for immediate action perceived as difficult STATEMENT OF THE PROBLEM Ends in “?” Declarative form - ends in period Interrogative form - ends in a question mark (encouraged because we need an answer) Opinion questions (stopper) - answerable by yes or no Category: LEVEL 1 LEVEL 2 LEVEL 3 Type Factor isolation Factor-relating Situation-relating - Problems that will be - Determined relationship - Yields hypothesis, testing describe and name factors between two or more variables or experimental study design Design Descriptive Desisn Correlational Design Experimental Design Examples What is the extent of What is the relationship Effectiveness of music in knowledge of student between victims of incest and reducing pain nursing regarding to their role as parents aromatherapy CHAPTER 1: Where do you find research problems? (CLIENT) Concepts Literatures Issues Essays New problems Theories isaiah 41:10 RESEARCH | 4 review - RESEARCH N.O.P. CRITERIA IN EVALUATING A RESEARCH PROBLEM 1. Significance Significance of your study to the profession? Is it important? Will there be benefits? 2. Researchability Is the problem researchable? Ethical/moral issues Must yield facts 3. Feasibility Is it feasible research problem? *Most important Time, resources, subjects, collaboration, facilities criterion 4. Interested Are you interested? Need a lot of drive persistence, time, energy to do a study STATEMENT OF PURPOSE: Researchers summary of the overall goal of the study RESEARCH OBJECTIVES: The specific aims the researchers hope to achieve from the research Always start with the word “To” DEFINITION OF CONCEPTS: Conceptual definition – the abstract or the theoretical meaning of a concept being studied; based on the definition coming from dictionary, encyclopedias, book, magazines, journals Operational definition – how the researcher used the word in the study; own definition SCOPE, LIMITATION, AND DELIMITATION Scope ○ deals with the extent/boundary to who the study will be made Limitation ○ are perceived weakness that are discussed and reported (you cannot do) Delimitations ○ are restrictions that the research places prior to data gathering (you will not do) ASSUMPTIONS statement that are accepted are true ○ Ex. Patient who undergo therapy experience anxiety Sources: a. Society – values and beliefs b. Previous researchers c. Professional practice isaiah 41:10 RESEARCH | 5 review - RESEARCH N.O.P. PHASE 1: CONCEPTUAL PHASE REVIEW OF RELATED LITERATURE A literature review must: 1. Be organized 2. Synthesize results 3. Identify areas of controversy 4. Formulate questions that need further research SOURCES INCLUDED IN A LITERATURE Conceptual / Data-based Reports / Non-Research Research (previous research) Published articles, documents, chapters in Published quantitative and qualitative studies book Unpublished studies Proceedings and audiotapes / videotapes Unpublished research abstract Wed-based online articles MECHANICS OF NOTE TAKING 1. Quotation used exact words of the author Gamit ng mga tamad 2. Paraphrase reader restates BEST WAY TO PRESENT AN RRL 3. Summary condensed form 4. Evaluation own reaction, agreement or disagreement FRAMEWORK shows the relationship among variables in the study galing sa literature review 1. Theoretical framework Abstract concepts Not all studies have theoretical framework 2. Conceptual framework Small defined concepts Every study must have conceptual framework isaiah 41:10 RESEARCH | 6 review - RESEARCH N.O.P. PHASE 1: CONCEPTUAL PHASE HYPOTHESIS could be an intelligent / wise / educated guess ○ Null – There is no… ○ Alternative – There is… Types: Based on Complexities: Simple Hypothesis (how many variables) Predicts relationship between one variable One independent and one dependent variable Complex Hypothesis Two or more variables Based on Statistical tests: Statistical or Null Hypothesis (either reject or accept) denial of relationship H0 There is no relationship Research Hypothesis Alternative predicts relationship between variables H1 There is a relationship (successful research study) Based on Conclusions: Directional Hypothesis *CBQ* Specific expected direction and nature of relationship between variables Sinasabi mo na yung ending/expectation sa variables mo ○ Ex. Nursing graduates of School A have more positive attitude toward continuing education than graduates of School B Non-directional Relationship not specified Wala kang sinasabi na ending/expection ○ Ex. There is a significant difference in the attitude of Nursing graduates of School A than graduates of School B to continuing education Bases on Investigation: Associative If one variable changes, the other variable changes Kapag nagbago ang isa, magbabago din ang isa ○ Ex. The more money women have, the more time they spend for shopping Causal Cause and effect interaction between variables ○ Ex. Effects of history of child abuse in child rearing of parents Artificial One that is separated by time, distance or other factors Hindi naman related ang hypothesis ○ Ex. A crop failure in the Philippines may cause a rise or fall in the stock market in the US isaiah 41:10 RESEARCH | 7 review - RESEARCH N.O.P. VARIABLES: 1. Independent variable Cause (x) We can only manipulate the cause 2. Dependent variable Effect (y) 3. Extraneous variables variables outside the interest or control of the research 1hr of study → pumasa 24hrs of study → di pumasa Start to end, nakikita 4. Intervening comes between IV and DV, cannot be controlled (minimized) Mararamdaman mo na lang habang nangyayari sa study IV Hours of study → Intervening (emotional stress) → DV Grades 1. Personal and Professional Characteristics of Staff Nurses in Relation to Patient's Satisfaction Index. IV: Characteristics of staff nurses DV: Patient's satisfaction index 2. A patient's condition has a direct negative effect on anxiety. IV: Patient's condition DV: Anxiety 3. Cancer patients who receive music therapy complain less frequently of pain than cancer patients not receiving music therapy. IV: Music therapy DV: Complaints of pain 4. Structured preoperative support is more effective in reducing patients' perception of pain than structured postoperative support. IV: Type of support DV: Perception of pain 5. Duration of sleep of cuddled infants is longer than those infants who are not cuddled by mothers. IV: Absence of cuddling DV: Duration of sleep 6. Compliance to home care regimen is greater among patients who received the structured discharge instructions than those who received verbal discharge instructions. IV: Type of discharge instructions DV: Compliance to home care regimen 7. Frequent hand washing of health workers decreases the incidence of nosocomial infections among post-surgery patients. IV: frequent hand washing DV: incidence of nosocomial infections isaiah 41:10 RESEARCH | 8 review - RESEARCH N.O.P. 8. There is no significant relationship between the perception of psychology students and clients regarding the extent of implementation of psychology tests by psychology student. IV: Perception of psych student and clients DV: Extent of implementation 9. There is no relationship between the timing of administration of psychological support and feelings of well being among terminally ill patient. IV: Time of administration DV: Feelings of well-being 10. Impact of Cardiopulmonary Resuscitation Training on perceived control in spouses of recovering cardiac patients. IV: CPR training DV: Perceived control in spouses PHASE 2: DESIGN AND PLAN PHASE RESEARCH DESIGN the plan or blueprint of the study Techniques to be used to: ○ Identify research design ○ Identify the population, sampling, data collection methods TYPES OF RESEARCH General Classification: 1. Basic / Pure Research for the intellectual pleasure of learning, for knowledge sake 2. Applied / Practical Research seeks for practical application of knowledge, to solve problems 3. Action Research to develop skills and strategies 4. Evaluation Research involves determining worth, merit, quality of an object or thing 5. Orientational Research focused on some form of inequality or discrimination According to Level of 1. Exploratory Research Investigation: allows one to study the variables pertinent to a specific situation 2. Descriptive Research description of phenomena in real life situation 3. Explanatory Research done if level of existing knowledge is little According to Time 1. Historical Research – describes what was? past event Element: 2. Retrospective Research – describes present to past 3. Prospective Research – Describe what will be? future isaiah 41:10 RESEARCH | 9 review - RESEARCH N.O.P. APPROACHES / Concepts QUANTITATIVE QUALITATIVE 1. Person contributing information Participants Participant Subjects Respondents Informant 2. That which is being studied Concepts Phenomena Variables Concepts Variables 3. Information gathered Numerical Narrative 4. Links between concepts Relationship / Causal Patterns 5. Logical reasoning Deductive (general to specific) Inductive (specific to general) 6. Quality of evidence Reliability, validity, generalization Trustworthiness (authenticity) 7. Data Structured Data Unstructured Data 8. Analysis Statistical Analysis Summary 9. Conclusions Objective Conclusions Subjective Conclusion 10. Type of Tool Surveys, Experiments Interviews, focus groups, observation MIXED RESEARCH Types: 1. Mixed Method – study single topic, but output will be two studies = 1 qualitative; 1 quantitative 2. Mixed model – single study both method