Public Health Laws, 2.pdf

# Public Health Laws ## **Aubrey S. EDIO RN MAN** ## Contents of This Presentation At the end of the lecture, the learners will be able to integrate the following public health laws in community health nursing: - Magna Carta for Health worker - Sanitation code - Clean Air Act - VAWC - Generic act...

# Public Health Laws ## **Aubrey S. EDIO RN MAN** ## Contents of This Presentation At the end of the lecture, the learners will be able to integrate the following public health laws in community health nursing: - Magna Carta for Health worker - Sanitation code - Clean Air Act - VAWC - Generic act - Disaster Risk Management - Rooming In and Breastfeeding Act ## Magna Carta for Health Workers **Republic Act 7305** **March 1992** ### Aims to: - To promote and improve the social and economic well-being of the health workers, their living and working conditions and terms of employment - To develop their skills and capabilities in order that they will be more responsive and better equipped to deliver health projects and programs - To encourage those with proper qualifications and excellent abilities to join and remain in government service ### Recruitment and Qualification - Recruitment policy and minimum requirements with respect to the selection and appointment of a public worker shall be developed and implemented - Provided that such temporary appointment shall not exceed twelve (12) months nor be less than three (3) months renewal hereafter but that the appointee may be replaced sooner if: - A qualified civil service eligible becomes available, or - The appointee is found wanting in performance or conduct befitting a government employee ### Performance Evaluation an Merit Promotion - Shall prepare a uniform career and personnel development plan applicable to all public health personnel - The performance evaluation plan shall consider foremost the improvement of individual employee efficiency and organizational effectiveness. Provided, That each employee shall be informed regularly by his/her supervisor of his/her performance evaluation. ### Transfer or Geographical Reassignment of Public Health Workers - A transfer is a movement from one position to another which is of equivalent rank, level, or salary without break in service - A geographical reassignment (i.e. "reassignment") is a movement from one geographical location to another - A public health worker shall not be transferred or reassigned, except when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore in writing. ### Security of Tenure - In case of regular employment of public health workers, their services shall not be terminated except for - cause provided by law and after due process: Provided, That if a public health workers is found by the Civil Service Commission to be unjustly dismissed from work, he/she shall be entitled to reinstatement without loss of seniority rights and to his/her back wages ### Discrimination Prohibited - A public worker shall not be discriminating against with regard to gender, civil status, creed, religious or political beliefs, and ethnic groupings in the exercise of his/her profession ### No Understaffing/Overloading of Health Staff - There shall be no understaffing or overloading of public health workers. ### Administration Charges - Administrative charges against a public health worker shall be heard by a committee ### Safeguards in Disciplinary Procedures - In every disciplinary proceeding, the public health worker shall have: - The right to be informed, in writing, of the charges. - The right to full access to the evidence in the case. - The right to defend himself/herself - The right to confront witnesses presented against him/her and summon witnesses in his/her behalf. - The right to appeal to designated authorities - The right to reimbursement of reasonable expenses incurred in his/her defense in case of exoneration or dismissal of the charges. - Such other rights as will ensure fairness and impartiality during proceedings. ### Duties and Obligations - The public health worker shall: - Discharge his/her duty humanely with conscience and dignity. - Perform his/her duty with utmost respect for: - Life - Race - Gender - Religion - Nationality - Party policies - Social standing - Ability to pay ### Code of Conduct - Code of Conduct for Public Health Workers, which shall be disseminated as widely as possible. ### Normal Hours of Work - The normal work schedule for any public health worker shall not exceed eight (8) hours a day or forty (40) hours a week - The work schedule shall include: - Overtime work - Work during rest day - Night-shift differential ### Additional Compensation - Notwithstanding Section 12 of Republic Act No. 6758, public workers shall receive the following allowances: - Hazard allowance - Subsistence allowance - Longevity pay - Laundry allowance - Remote Assignment Allowance - Housing - Medical Examination - Compensation of injuries - Leave Benefits for Public Health Workers - Right to self organization ### Freedom from Interference or Coercion - It is prohibited to: - Require a public worker to not join a health workers' organization or union - Discriminate in regard to hiring or tenure of employment - Harness or interfere with the discharge of the functions of the health worker when these are calculated to intimidate or to prevent the performance of his/her duties and responsibilities ### Prohibition Against Double Recovery of Benefits - Prohibition Against Elimination and/or Diminution ### Penal Provision - Any person shall willfully interfere with, restrain or coerce any public health worker in the exercise of his/her rights. - Anyone who performs an act in violation of any of the provisions of this Act, upon conviction, shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than one (1) year or both at the discretion of the court. # Thanks!