NCM120 Nursing Jurisprudence Midterms PDF

NCM120 - NURSING JURISPRUDENCE JURISPRUDENCE 3. Rescue your neighbor’s drowning - Knowledge of “skill in law”. Comes child - if you had a professional duty from the Latin word “prudential juris”. such as being a lifeguard at...

NCM120 - NURSING JURISPRUDENCE JURISPRUDENCE 3. Rescue your neighbor’s drowning - Knowledge of “skill in law”. Comes child - if you had a professional duty from the Latin word “prudential juris”. such as being a lifeguard at a swimming pool, you would be legally obligated to LAW rescue the child. - Derived from the Old Nurse lagu meaning “laid down” or “fixed”. FUNCTIONS OF LAW IN NURSING - A typical dictionary would define law as - Provides a framework for establishing “a rule enacted or customary in a which nursing actions in the care of community and recognized as clients are legal. commanding or forbidding certain - Differentiates the nurses' responsibilities actions”. from those of other health professionals. - Rule of civil conduct prescribed by the - Helps establish the boundaries of supreme power in a state commanding independent nursing action. what is right and prohibiting what is - Assists in maintaining the standard of wrong. nursing practice by making nurses - Sum total of rules and regulations by accountable under the law. which society is governed. TYPE OF LAW ACCORDING TO SOURCE SOURCES OF LAW AUTHORITY - Divine Law Executive Branch - headed by the President - Human Law and his appointed Cabinet. The President is the head of the state and the chief executive, POSITIVE RULES but he is subject to significant checks from the - Refers to legal rules enacted by people other branches, especially in times of in a political community or governing emergency. body. It includes constitutions, statues, and regulations. Legislative - legislative power is vested in a Examples: Congress which is divided into two Houses, the 1. Do not kill other people - it is a Senate and the House of Representatives. The common law offense to kill other people 24 members of the Senate are elected at large that is the offense murder. by a popular vote and can serve no more than 2. Do not park on double yellow lines - two consecutive 6-year terms. The House is parking on double yellow lines composed of 250 elected members. constitutes a road traffic offense. 3. Do not steal - stealing is an offense Judicial Branch - laws that evolve from court under the Theft Act 1968. decisions are referred to as common laws or decisional laws. judicial power of government NORMATIVE RULES and it is made up of a Supreme Court and - In law, the term “normative” is used to lower courts created by law. The Supreme describe the way something ought to be Court is a 15-member court appointed by the done according to a value position. President without need for confirmation by Examples: Congress. 1. Honor your mother and father - this is established through religious teachings Government Oversight Bodies and reflects the fifth commandment of - Civil Service Commission the Ten Commandments. - Commission on Election 2. Be truthful in all circumstances - - Commission on Audit veracity is a moral or ethical issue. The - Office of the Ombudsman need to be truthful in law occurs in specific circumstances such as when The Constitution - the fundamental and giving evidence under oath. supreme law of the land.  NCM120 - NURSING JURISPRUDENCE Statutes - including Acts of Congress, FUNDAMENTAL REQUIREMENTS OF DUE municipal charters, municipal legislation, court PROCESS rules, administrative rules and orders, 1. Right to be informed legislative rules and presidential issuances. 2. Right to remain silent 3. Right to competent counsel Treaties and Conventions - these have the 4. No use of violence, threat, torture same force of authority as statutes. 5. Right to know the witness face to face Judicial Decisions - Article 8 of the Civil Code MIRANDA WARNING of the Philippines provides that 'judicial 1. You have the right to remain silent. decisions applying to or interpreting the laws or 2. Anything you say can be used against you in the Constitution shall form a part of the legal court. You have the right to talk to a lawyer for system of the Philippines. advice before we ask you any questions. 3. You have the right to have a lawyer with you Customs and Traditions - Laws that derive during questioning. from customs and tradition of the people over 4. If you cannot afford a lawyer, one will be the years but which are recognized by the appointed for you before any questioning if you constitution are known as customary laws. wish. Examples include marriage rights, property 5. If you decide to answer questions now ownership etc. without a lawyer present, you have the right to stop answering at any time. TYPES OF HUMAN LAW WAIVER Private or Civil Law - body of laws that deals Do you understand the rights I have just read with relationships among private individuals to you? With these rights in mind, do you wish and do not concern the public at large. to speak to me?" Public Law - is a set of rules that govern the PHASES OF DUE PROCESS relationships between private individuals or Pre Trial - eliminate matters not in dispute, private organizations and public bodies (like agree on issues or settle procedural matters. Government departments and local Trial - facts are presented and determined; authorities). In general terms, public law deals law is applied at the end. with issues that affect the general public or society as a whole. WRITTEN ORDERS OF COURT LAWSUIT Types of Writ - Proceeding in court Subpoena a writ that compels a witness to - Purpose: enforce a right, redress a testify or produce evidence. wrong. a. Duces tecum, chart to court (papers) bring documents, objects. PARTIES TO A CASE b. Ad testificandum (people) testify as witnesses at a specified time and place. Civil Case - Complainant vs Defendant Criminal Case - Plaintiff vs Accused Summon - a writ commanding an authorized Witness - an individual help upon to give person to notify a party to appear in court to necessary details either for the accused or answer a complaint made against him. against the accused. Warrant - a writing from a competent authority in pursuance of law, directing the doing of an Statute of Limitations - Refers to the length of act addressed to a person competent to do it. time following the event during which the plaintiff may file a suit. TYPES OF WARRANT Due Process - A fair and orderly process Warrant of Arrest - a court order to arrest or which aims to protect and enforce a person's detain a person. right. Search Warrant - a court order to search properties.  NCM120 - NURSING JURISPRUDENCE LEGAL ASPECTS AND ISSUES IN NURSING NEGLIGENCE - Failure to do something which a Liability - is an obligation or debt that can be reasonable and prudent person should enforced by law. A person who is liable for have done. malpractice is usually required to pay for damages. FOUR ELEMENTS Damages - refers to compensation in money A. Duty or Obligation created by law, contract recoverable for loss of damage. or standard. Responsibility - is the obligation to perform B. Breach of Duty either by omission, or duties, tasks or roles using sound professional commission. judgment and being answerable for the C. Harm which can be physical, emotional or decisions made in doing this. financial to the patient. Accountability - is being able to give an D. Proof that the breach of duty caused the account of one's nursing judgment , actions patient harm. and omissions. It is about maintaining competency and safeguarding quality patient TYPES OF NEGLIGENCE care outcomes and standards of the As a Crime (culpa criminal) profession, while being answerable to those Felony committed by culpa or fault due to who are affected. imprudence, lack of foresight, lack of skills, - Accountability to the Client negligence. - Account ability to the employer As Torts (culpa contractual) - Accountability to the Profession Malfeasance performance of an act which ought to be done CIVIL LAW IN NURSING Misfeasance improper performance of some act which might lawfully be done Contract - transactions between individuals or Nonfeasance - omission of some act which entities. ought to be perform It must contain the following elements: a. Agreement between two or more legally MALPRACTICE competent individuals. Stating each must and - Malpractice in nursing is defined as must not to do providing standard care below the b. Mutual understanding of the terms and quality of care a similarly-trained obligations that the contract imposes on each professional would have offered under party to the contract. the same circumstances. c. Payment or consideration given for actions taken or not taken pursuant to the elements. Common Malpractice in Nursing - Botched Treatment SELECTED KINDS OF TORT - Failure to Monitor - Failure to provide care Assault - Threat to touch another person in an - Improper Documentation offensive manner without that person's permission Examples of Malpractice Battery - Touching another person without that - Anesthesia related complications person's consent - Failure to dispense the right medicine, Invasion of Privacy - All patients have the dosage right to privacy and may bring charges against - Misdiagnosis of an illness any person who violates this right - Birth injuries False Imprisonment - This occurs when - Surgical Complications individuals are physically prevented or - Prescription Error incorrectly led to believe they are prevented - Failure to provide treatment from leaving a place. Defamation - including libel or slander Intentionally false communication or publication, including written or verbal remarks that may cause damage to a person's reputation.  NCM120 - NURSING JURISPRUDENCE INCOMPETENCE - The lack of ability, legal qualifications or Frolic - is a major departure when the fitness to discharge the required duty. employee is acting on his own and for his own - Although a nurse is registered, if in the benefit, rather than minor sidetrack in the performance of her duty she manifests course of obeying an order from the employer. incompetency, there is a ground for revocation or suspension of her LEGAL PROTECTION IN NURSING certificate of registration. PRACTICE LEGAL DOCTRINES The Good Samaritan Law Res Ipsa Loquitor "the thing speaks itself" - States that a nurse, therefore who - Doctrine that infers negligence from the renders first aid or treatment at the very nature of an accident or injury in scene of an emergency and who does the absence of direct evidence on how so within the standard of care, acting in any defendant behaved. good faith is relieved of the - Deal with cases in which the actual consequences of act. negligent act cannot be proved, but it is clear that the injury was caused by Skillful Communication negligence. - CHARTING - Res ipsa loquitur is not a cause of action - Factual - what you see not what you but a rule of evidence For res ipsa think happened loquitur to be applicable, the claimant - Legible and with no erasures must produce evidence from which a lay - Accurate and complete, jury could conclude, by a - Timely as soon after the occurrence as preponderance of evidence, that the possible. No late entries. incident resulted from negligence and was the responsibility of defendant. Risk Management Programs - Designed to identify and correct system Respondeat Superior "let the master problems that contribute to errors in answer" patient care - Doctrine that a party is responsible for - Quality improvement and financial acts of their agents. liability for the institution. Force Majeure "Superior force" LIABILITIES - Essentially frees both parties from liability or obligation when an Liabilities of Nurses for the work of extraordinary event or circumstances unlicensed assistive personnel beyond the control of the parties such - Perform selected nursing activities as war, strike, riot, crime or an event act under the direct supervision of nurses of God (hurricane, flood, earthquake, - Their responsibilities usually pertains to volcanic eruption prevents one or both the routine care of chronically ill patient parties from fulfilling their obligations - They are responsible for their own under contract. actions. Bonus Pater Familias "good father of a Liabilities of Nurses for the work of family" Nursing Students - The employer is liable upon finding that - Under RA 9173, nursing students do not he has been negligent in the selection of perform professional nursing duties. his employees (culpa in eligendo) in the - Nursing students should be under the supervision of his employees (culpa in supervision of the Cl's in order that the vigilando). errors committed by students will be avoided or minimized. Detour - occurs when an employee or agents - They should be given assignments that makes a minor departure from his employer's are their level of training experience and charge. competency.  NCM120 - NURSING JURISPRUDENCE - They should be advised to seek “NO NEED FOR IV THERAPY TRAINING” guidance if they are performing a - DOH Usec Roger Tong-An procedure for the first time. - They should be oriented to the policies Scope of Duties and Responsibilities in IV where they are assigned. Therapy - Their performance should be assessed - Recognition of solutions and medicine frequently to determine their strengths incompatibilities and weaknesses. - Maintenance and replacement of sites, tubing, dressings in accordance with MEDICAL ORDERS, DRUGS, AND established procedures MEDICATION - Establish flow rates of solutions, medicines blood and blood components - RA 6675 that only registered medical, - Maintenance of established infection dental and veterinary practitioners are control and aseptic nursing intervention authorized to prescribe drugs Telephone Orders - Use of Generic names in all transactions - Doctors should limit telephone orders to related to purchasing, prescribing, extreme emergencies where there is no dispensing and administering of drugs alternative. Nurse should read back and medicines. such an order to the physician to make - The buyer should be informed about any certain the order has been correctly and all other drug products having the written. same generic name, together with their - Signed by the physician within 24 hours corresponding prices so that the buyer - OThe nurse should sign the physician's may adequately exercise his option. name per her own and note time and - All prescription must contain all the ff order was received. information: Medical records 1. name of the prescriber - Created as a means of communication 2. facility address among health care practitioners 3. professional registration number - To provide legal documentation and 4. professional tax receipt number obtain third party payments 5. patients name, age, and sex and date of - "what is not written, is not done" prescription - Serves as a legal protection for the hospital, doctor and nurse. Role of the Drug Administration - FLAT in charting - Nurse must have the knowledge to Charting done by Nursing Student ensure the correct administration of - When a nurse or Cl counter signs the drugs charting of the nursing student, he/she - Medication charts are legal documents has a personal knowledge of information and must be completed accurately and and that such is accurate and authentic unambiguously in order to ensure that - Anyone who countersigns without patients receive safe and optimal drug verification commits herself to possible therapy legal risks. IV Therapy and legal Implications - Philippine Nursing Act of 1991 section INCIDENT REPORT 28 states that in the administration of - It is an administrative report if there are intravenous injection, special training violations of standards and policies shall be required according to protocol whether or not injury occurs. established - Keep statement factual, objective, do - Board of Nursing resolution No.8 states not draw conclusions that without such training and who - Do not mention incident report in administers IV injections to patient shall charting be held liable either criminally under Sec 30 Article VII of said law or administratively under sec 21 Article Ill or both (whether causing or not an injury or death to the patient)  NCM120 - NURSING JURISPRUDENCE CONSENT OF THE PATIENT Consent for sterilization - Consent is an agreement, compliance or - Sterilization is the termination of the permission given voluntarily without ability to produce offspring. compulsion, two types: Implied and - The husband and wife must consent to Expressed (Verbal and written) the procedure if the operation is - Nature of Consent an authorization by primarily to accomplish sterilization/ the patient or a person authorized by the artificial insemination law to give the consent on the patient's - In emergency cases like ectopic behalf pregnancy and abruption placenta, - Informed Consent a written consent consent from mother is sufficient. should be signed to show that the Rules of Consent procedure is the one consented to and - Organ Donation the will of the the person understand the nature of the deceased is enough procedure - Pathological autopsy consent of next DOCTRINE OF INFORMED CONSENT kin of the deceased - Understanding by the patient of : - Medico Legal autopsy does not require Condition or nature of illness any consent from the relatives of the Purpose and nature of procedure or deceased treatment - Loco parentis (Latin in place of a Risks or benefits of treatment proposed parent) consent of the person in charge Risks and benefits of alternative of the child EX school teacher treatments or procedure - Patients of different cultures or Prognosis of the procedure languages received appropriate written Prognosis in the absence of intervention or oral information in their language. or Acceptance or refusal (informed refusal) interpreters. EXCEPTIONS TO INFORMED CONSENT - Patients with low literacy consent by - Medico -Legal postmortems "making their marks" and a witness must - examination of an arrested accused be present. - treatment of patient suffering from Consent is invalid if.... "notifiable diseases" for greater - Not an informed consent community interest - Given for committing a crime or an - Psychiatric examinations or treatment illegal act, such as criminal abortion by court order - Obtained by misrepresentation or fraud - Prisoners (new entrants) - No legal capacity to give it ex minor or insane. As a Witness of informed Consent - Witnessing the exchange between the client and the physician - Witnessing the client affix his signature - Establishing that the client really understood. Consent of Minors - Parents or someone standing in their behalf, gives the consent to medical or surgical treatment of a minor. - Parental consent is not needed if the patient is married or emancipated, treatment of drug or alcohol and STI DNR consent form - The patient and patient party made decisions to deny intubation, CPR and mechanical ventilator. - No liability of the hospital and its staff on adverse outcomes.  NCM120 - NURSING JURISPRUDENCE Martin Luther, discarded "sisterhood EVOLUTION OF NURSING PROFESSION enslavement" Ancient Cultures Contributed the recline of the Roman Wet-nurse was augmented to substitute Catholic's dominion and influence in the mothers who can't provide care or feed their health care delivery system. children 19th century paved the way for reforms Dry nurse was used for ordinary use and to in the nursing profession. take care of the aged The noble labor of the British nurse, The Royal Tutor the one who nurtured the God Florence Nightingale, during the = the king Crimean war took care of the soldier 20th century… blood groups, machinery, Sekhmet: The Lioness of War and Life organ transplant Greek History Nursing Origin in the Philippines: “ALL DISEASE BEGINS IN THE GUT" Known anthropologist Dr. F Landa - HIPPOCRATES Jocano Asclepius: The Greek God of Health found human skullcap and portions of the jaw in Tabon cave in Palawan. Found out that there were already Nursing Brief History people existing during the pre-historic Dark ages, decline of learning because times and reason to believe that they people and nurses are preoccupied with have already used health care practice wars and crusades. for the sick in their caves. Medieval period - Bubonic Plaques Superstitions that disease were (1400) AD; Augustinian sisters which is attributed by dwarfs, witches, omen, curses and evil spirits considered the first nursing order in the Middle ages Early Beliefs and Practices of the Filipinos Rennaissance Era 16th anatomy and Mysticism and superstitions. physiology, antibiotics, vaccine Belief in special gods of healing, with The Catholic church has influence over the priest-physician (called "word doctors") as intermediary. nursing because of St. Thomas Aquinas' If they used leaves or roots, they were teachings on: called herb doctors ("herbolarios") a. The need to preserve life Filipinos who became sick were usually b. Need to procreate cared for by the female family member c. Need to live in society or friends in the home. Early Care of the Sick Lady with the Lamp Herb men were called "herbicheros" Florence Nigthangle born from a meaning one who practiced witchcraft. wealthy family chose to dedicate her life Mangkukulam or Mangagaway in providing care for the sick and Injured Difficult childbirth and some diseases especially during the Crimean War. She (called "pamao") were attributed to also started a school to train nurses in "nunos" 1860, which eventually sparked the development of Modern Nursing. 19th Health Care During the Spanish Regime century Babaylan priest physicians or albularyo (herb doctor) 16th - 19th Century In 1578, male nurses were Rennaissance Era acknowledged as Spanish Friars' Protestant revolution popularly called assistants for caring sick individuals in the Reformation, which was led by the hospital.  NCM120 - NURSING JURISPRUDENCE These male nurses were referred as Melchora Aquino (Tandang Sora) practicante or enfermero. nursed the wounded Filipino soldiers and gave them shelter and food. Coming of Spaniards Trinidad Tecson (Ina ng Biak-na-Bato) They wiped out these pagan practices stayed in the hospital at Biak na Bato to and imposed Catholic Teachings care for wounded soldiers Earliest Hospitals American Occupation Hospital Real de Manila (1577) - it was Transition of the government from established mainly to care for the military to civilian administration Spanish king's soldiers, but also The government hospital and health admitted Spanish civilians; founded by facilities were forced to train Filipino Gov. Francisco de Sande. women to become nurses. San Lazaro Hospital (1578) - founded by Led to establishment of several nursing Brother Juan Clemente and was school and passage of law creating the administered for many years by the Philippine Medical School opened its Hospitalliers of San Juan de Dios; built class Dec 10, 1907 exclusively for patients with leprosy. 3 female graduated as "qualified Hospital de Indios (1586) - established medical-surgical nurses" in 1909 by the Franciscan Order; service was in general supported by alms and Other Hospitals contributions from charitable persons. Iloilo Mission Hospital Hospital de Aguas Santas (1590) - St. Luke's Hospital School of Nursing established in Laguna; near a medicinal (Quezon City, 1907) - spring, founded by Brother J. Bautista of Philippine General Hospital School of the Franciscan Order. Nursing (Manila, 1907) San Juan de Dios Hospital (1596) - founded by the Brotherhood of Mary Johnston Hospital and School of Misericordia and administered by the Nursing (Manila, 1907) Hospitaliers of San Juan de Dios; support was delivered from alms and Firsts rents; rendered general health service to The first nursing law was passed on the public. March 1, 1919, pursuant to Act no. 2808, otherwise known as "An act Regulating Nursing During the Philippine Revolution the Practice of Nursing Profession in Josephine Bracken the Philippines" and was followed by wife of Jose Rizal, installed a field several other nursing legislation. hospital in an estate house in Tejeros. First Nursing Board exam was given on She provided nursing care to the 1920. wounded night and day. Nursing exam every 2nd Monday of June Rosa Sevilla de Alvero and December of each year. converted their house into quarters for the Filipino soldiers: during the A Much Established Professional Philippine-American War that broke out Organization: 1921-1931 in 1899 Initiated the publication of Philippine Dona Hilaria de Aguinaldo Journal of Nursing. wife of Emilio Aguinaldo who organized Amendment of certain sections of the that Filipino Red Cross under the Act 2008 was conducted in 1922 under inspiration of Mabini. Act 3025 passed by the 5th Legislature. Dona Maria Agoncillo de Aguinaldo This policy is entitled An Act Regulating second wife of Emilio Aguinaldo; the Practice of Nursing Profession in provided nursing care to Filipino soldiers the Philippine Islands, which during the revolution, President of the necessitates all nurses who are Filipino Red Cross branch in Batangas. practicing the profession to register yearly.  NCM120 - NURSING JURISPRUDENCE In 1929, the organization also became a College of Nursing was created. member of the International Council of Nurses. The First Colleges of Nursing in the Philippines In 1920... Manila Central University- College of 1st board examination for nurses was Nursing (1947) conducted by the Board of Examiners, University of the Philippines 93 candidates took the exam, 68 passed Manila-College of Nursing (1948) with the highest rating of 93.5%-Anna Dahlgren Proliferation of Nurses as a Workforce: Theoretical exam was held at the UP 1951-1971 Amphitheater of the College of Medicine Philippine Nursing Law under Republic and Surgery. Practical exam at the PGH Act no. 877 on June 19,1953. Library. Filipino Nurses Association was Amended in 1966 which limits the established (now PNA) as the National practice of among nurses 21 years old Organization Of Filipino Nurses and above. PNA: 1st President - Rosario Delgado Nurses Week Founder - Anastacia Giron-Tupas First Migration of Nurses in US Public Health Nursing Development: Nursing Profession Development: 1971-2001 1931-1941 Other Schools of Nursing Presidential Decree no 233 bought the 1. Zamboanga General Hospital School of establishment of PRC. Nursing (1921) Philippine Nursing Act of 1991 was also 2. Chinese General Hospital School of amended under Republic Act no. 7164 Nursing (1921) Expanded nursing practice to other roles 3. Baguio General Hospital School of such as management, teaching, Nursing (1923) decision making, and leadership. 4. Manila Sanitarium Hospital and School of Nursing (1930) Masters Degree in Nursing 5. St. Paul School of Nursing in Iloilo City Creation of Nursing Certification Council (1946) in 1999 under the Board of Nursing 6. North General Hospital and School of through Resolution No. 14 which Nursing (1946) supervise the new programs' 7. Siliman University School of Nursing implementation conducted by Specialty (1947) Certification Boards. Start of Advance practice Nursing (APN) Nursing during World War II Public Health Nurses Creation of the Nursing Office in the Further Changes in Nursing Law: 2001- to Present DOH Philippine Nursing Act of 2002 was Genera De guzman - President of the enacted under the Republic Act No. Filipino Nurses Association 9173 Philippine Nursing Act of 2002 was enacted under the Republic Act No. The Degree of Bachelor of Science in Nursing: 1941 - 1951 9173 Nursing Education within the a university based College of Nursing Nursing A thesis presented by Julita V. Sotejo Nursing-term "nurse” comes from a became the beginning of nursing Latin word: curriculum that have made the Nursing Nutrix = nourish. It also means Institution of the country as nursing mother. baccalaureate course.  NCM120 - NURSING JURISPRUDENCE Ethos = gentle caring and CHARACTERIZED AS: nurturing. A. Way of thing as a nurse Vita = life. B. Framework of interrelated activities resulting in competent nursing car Nursing is also viewed as an art, a C. Dynamic and cyclical in nature science, a social science. D. Scientific, problem oriented approach to An Art - deals with skills that require patient dexterity and proficiency A Science - systematic and well-defined STEPS IN NURSING PROCESS body of knowledge which utilizes A. Assessment scientific methods and procedures in B. Diagnosis C. Planning the application of nursing process D. Implementation A Social Science - primordial interest is E. Evaluation man whether well or sick FOUR FUNDAMENTAL RESPONSIBILITIES OF NURSING A. Promote health B. Prevent illness C. Restore health and D. To alleviate sufferings Organize your Thoughts Identify the following (promotion of Health, prevention of illness, Restoration of Health, Alleviation of Sufferings) 1. Immunization of Pneumonia Vaccine of Senior Citizen 2. Provision of Wheelchair 3. Health Teaching among pregnant women 4. FBS and Cholesterol testing 5. Insulin Access Program CHARACTERISTICS OF NURSING A. Nursing is caring B. Involves close, personal contact with the recipient of care; C. Concerned services (humans as physiological, psychological and sociological organisms) D. Committed to personalized services regardless of color, creed or social or economic status E. Committed to promoting individual, family, community and national health goals F. Committed to involvement in ethical, legal and political issues in the delivery of health care  NCM 120: Nursing Jurisprudence The Ethical Principles of Nursing He states that “it is only through dutiful actions that people have moral worth” Derived from the Greek word “ethos”, which means “way of living”, “moral duty”, ethics is ❖ W.D Ross Prima Facie Duties “what one a branch of philosophy that is concerned should do when other relevant factors in a with human conduct, more specifically the situation are not considered” behavior of individuals in society. 1. Duties of fidelity (telling the truth) Ethics studies how people make judgment 2. Duties of reparation (righting the in regard to right or wrong wrong we have done to others) 3. Duties of gratitude (recognizing the Selected ethical principles service others have done for us) Comes from the Greek word “telos” or “goal 4. Duties of justice (to act in a way to or end” distribute benefits and burden fairly) Expressed as “the right thing to do is the 5. Duties beneficence (helping to better good thing to do”. the condition of other) Also termed as an act “UTILITARIANISM”, 6. Duties of self-improvement (to act to where the good resides in the promotion of one’s own good) happiness or the increase of pleasure over 7. Duties of non-maleficence pain. (preventing injury to others) An ethicist name Joseph Fletcher holds that good is agape “the general good or love for Virtue Ethics Approach humanity” From the Greek word “arête” focused In the end, if the act helps people, then it is primarily on the heart of the person a good act, and if it hurts people, then it is a performing the act bad act. It focuses on the trait and virtues of a goods person such as courage, Guidelines for making ethical decisions temperance, wisdom and justice. according to Fletcher An intellectual virtue is the power to 1. Consideration for people as human being deliberate good for oneself, while moral 2. Consideration of consequence virtues must be lived overtime in order to be 3. Proportionate good to come from choices learned. 4. Propriety of actual needs over ideal or Integration of virtue ethics with duty. potential needs 5. A desire to enlarge choices and reduce Divine Command Ethics chance and based on the theory that there is a supreme 6. A courageous acceptance of the or divine being that sets down the rules to consequence of the decision. provide guidance to moral decisions For Christians, these rules are found in the Deontological Approach or Duty Oriented 10 commandments Theory Muslim is the Quran Comes from the Greek word “Deon” which means duty. Universal Principles of Biomedical Ethics An ethicist and German philosopher, 1. Autonomy - means that each patient has Immanuel Kant in the 18th century the right to make their own decisions based Defines a person as a “rational being with on their beliefs and values freedom and social worth” 2. Veracity - telling the truth A person is morally good if his actions are 3. Beneficence - “good must be done” done from a sense of duty and reason  NCM 120: Nursing Jurisprudence 4. Justice - right to demand to be treated 1. Providing information justly, fairly and equally 2. Complying with instructions 5. Non maleficence - “do no harm” 3. Informing physicians of refusal of treatment 6. Fidelity - the principle of promise keeping 4. Paying hospital charges 7. Advocacy - obligation to look out or speak 5. Following hospital rules and regulations up for the rights of others 6. Showing respect and considerations 5 A’s of Ethical Decision Making Reflection 1. ASSESSMENT 1. Patient signing the informed consent : - ask yourself if you have all the facts AUTONOMY - Consult with resources 2. Preparing the materials for newborn - Ensure you have appropriate bathing: BENEFICENCE documentation 3. A patient requesting to keep the gender of 2. ALTERNATIVES the baby from his husband: FIDELITY - determine as many possible actions 4. Triage schemes in the emergency room: as you can think of JUSTICE 5. Keeping the side rails up for a 2 years old 3. ANALYSIS child: BENEFICENCE - Begin to weigh the consequences of 6. Endorsing of patient for the next shift: each action CONFIDENTIALITY - Consider you ethical values and 7. Requesting a coworker for an incident those of your stakeholders report on needle prick at the OR: 4. ACTION VERACITY - Take the steps you have decided 8. Health teaching on insulin injection to the upon diabetes club: ADVOCACY - Ensure you have documented each 9. Creation of user ID on the hospital Bizbox: step of the process CONFIDENTIALITY 5. ANALYSIS 10. Offering wheelchair to a stroke patient: NON - Reflect on the process you took MALEFICENCE - Evaluate expected versus actual consequences MORAL PRINCIPLES The Golden Rule Confidentiality of Information The Two-Fold Effect Also termed as “privileged The Principle of Totality communications” because it is given Epikia (a Latin word that means exception based on trust. to the general rule) Confidential information may be revealed One who acts through an agent is himself only on the following cases: responsible 1. The patient himself permits such The end does not justify the means revelations Defects of nature maybe corrected 2. Medico-legal case If one is willing to cooperate in the act, no 3. Patient is Ill of communicable injustices is done to him/her diseases A little more or less does not change the 4. Information is relevant to health care substance of an act team The greatest good for the greater number 5. Lawful order of the court No one is held to the impossible The morality of cooperation Patient’s Responsibility  NCM 120: Nursing Jurisprudence Principles relating to the origin and registered nurse should treat every destruction of life individual with dignity as a human Code of Good Governance being. Promulgated by the PRC on July 23, 2003  Section 2 states that the Hallmark of all professionals - Nurses must have comprehensive is their willingness to accept a set of knowledge of man's cultural social professional and ethical principles which spiritual, physiological, they will follow in the conduct of their daily psychological, and ecological being lives. The acceptance of these principles to effectively facilitate care requires the maintenance of a standard of Section 3 conduct higher than what is required by law. - Ethical conduct is practiced to attain respect and confidence of everyone. General Principles of the Code of Good Section 4 Governance - Nurses should respect, values, 1. Service to others customs, and spiritual beliefs, 2. Integrity and Objectivity individual freedom and personal of 3. Professional Competence patients 4. Solidarity and Teamwork Section 5 5. Social and Civic Responsibility - The welfare and safety of patients 6. Global Competitiveness take precedence over the need to 7. Equality of All Professionals respect individuality, spiritual beliefs, culture and even the right of CODE OF ETHICS FOR FILIPINO NURSES individuals. However in the event of Pursuant to Section 3 of Republic Act no conflicts, welfare and safety must 877known as the Philippine Nursing Law take precedence. and Section 6 of PD no. 233, the amended Section 6 Code of Ethics for Nurses recommend and 1. Human life is inviolable. endorsed by the PNA was adopted to 2. Quality and excellence in the care of govern the practice of nursing in the the patient is the primary goals of Philippines. nursing practice The Code was adopted under RA 9173 and 3. Accurate documentation of actions promulgated by the Board of Nursing under and outcomes of delivered care is Resolution No. 220 series of 2004. the hallmark of nursing accountability ❖ It is a set of ethical principles that is  Section 7 1. Shared by members - Know the definition and scope of 2. Reflects their moral judgments nursing practice RA 9173 overtime - Develop necessary competence in 3. Serves as a standard for their KSA professional actions - Administrators are responsible in It must be noted that no code can provide absolute providing favorable environment for or complete rules that are free of conflict and growth and developments of RN in ambiguity. their charge. - Specialty certification by BON are ARTICLE I PREAMBLE accredited through the Nursing  Section 1 Specialty Certification Council - Health is a fundamental right of (NSCC) every person and the Filipino - Safekeeping of patient records  NCM 120: Nursing Jurisprudence  Section 12  Section 8 - A nurse should work in solidarity 4. Registered Nurses as patients with other members of the advocate they shall take appropriate healthcare team steps to safeguards their rights and - The nurse maintains collegial and privileges. collaboration working relationship - Respect the “Patients’ Bill of Rights” with colleagues and other health - Provision of all the necessary data’s care provider. to patient and family  Section 13 THE NURSE MUST…  Section 9 a. Maintain their professional role a) Respect the “Patients’ Bill of Rights” b. Conform ethico-legal standards in the delivery of nursing care; c. Contribute to the professional growth b) Provide the patients of their families d. Participate actively in professional with all pertinent information except organizations those which may be deemed harmful e. Not act against other professions to their well-being; and f. Maintain dignity of the nursing c) Uphold the patients’ rights when g. Respect the rights of co-workers conflict arises regarding management of their care ARTICLE V: REGISTERED NURSES, SOCIETY AND ENVIRONMENT  Section 10  Section 14 5. Registered Nurses are aware that 1. Nurses commit to preserve life, respect their actions have professional human rights and promote healthy ethical, moral and legal dimensions; environment they strive to perform their work in 2. The establishment of linkages with the the best interest of all concerned. public in promoting local, national and  Section 11 international efforts to meet health and - Nurses perform their professional social need of the people. duties in conformity with existing laws, rules, regulations, measures  Section 15 and generally accepted principles of a. Know their duties as citizens moral conduct and proper decorum. b. Knowledge of health resources within  Not allow to be used in the community advertisement that should c. Participate in programs and activities demean the image of the that respond to the problems of society profession. d. Conform with the principles of right  Decline gift, favor or hospitality conduct and proper decorum. which might be interpreted as e. Project an respectable image at all capitalizing on patients times  Not demand and receive any commission, fee for referrals to other co nurse or facilities. ARTICLE VI: REGISTERED NURSE AND THE  Avoid abuse on the privilege PROFESSION relationship.  Section 16 a. Maintain loyalty to the nursing ARTICLE IV REGISTERED NURSES AND CO profession WORKERS  NCM 120: Nursing Jurisprudence b. Comply with the by-laws of their professional organization (PNA) c. Commit to continual learning d. Contribute to improve social economic conditions and general welfare of nurses through legislation.  Section 17 - Be a member of the Accredited Professional Organization (PNA) - Strictly adhere to the nursing standards PRC-BON - Active participation in the growth and development of nursing practice - Assert for the implementation of labor and work standards ARTICLE VII: ADMINISTRATIVE PENALTIES, REPEALING CLAUSE AND EFFECTIVITY  Section 18 - The certificate of registration of Registered Nurse shall either be revoked or suspended for violation of any provisions of this code pursuant to Sec 23 (f) Art IV of RA no. 9173 and Sec 23 (f), Rule III of Board Res. No. 425 series of 2003, the IRR - The Amended Code of Ethics promulgated pursuant to RA no 877 and PD no. 223 is accordingly repealed or superseded by the herein Code. - This Code of Ethics for Nurses shall take effect after fifteen days (15) from its full and complete publication in the Official Gazette or in any newspapers of General circulation.  NCM 120 - NURSING JURISPRUDENCE RA 9173 The Philippine Nursing Act of examining Boards 2002 RA No. June Reorganization and Historical Review of Nursing Law 546 1950 placement of the Boards of examiners under Legisla Date of Changes Effected the direct tion Approva supervision of the No. l President of the Philippines with Act No. 3 "First law of consent from 2493 February Nursing" contained Commission on 1915 in the practice of Appointments, and medicine. Provide must be examination and - Masters degree registration of instead nurses in the Phil Baccalaureate Island. 20 y/o only Degree in Nursing. 2 1/2 of instruction. - Not more than 65 "First Class Nurse” years old. - Academic to Act No. 1 March "First True Nursing become deans 2808 1919 Law" Creation of a Directors or 3 member Board of principal must be Examiners for Master Holder Nurses. However applicants lower the first board from 18 instead of examination was 21 years old. given until 2020 - Practiced must be 21 years old Act No. 8 March Amendment of part 3025 1922 of Act No. 2808 and RA No. 19 June Amended the RA registration of Red 877 1953 877. Sec 16 Art IV. Cross aids and Inhibition against welfare workers practice of nursing and penalty Act No. 28 Changes in date of 3438 Novemb nursing RA No. 1966 Amended RA 877. er 1928 examination 4704 Board of Examiners increase from 3 to 5 members. Board Act No. 5 Conduct of Board must be appointed 4007 Decemb examinations by the President er 1932 under the direct supervision of the RA No. 1970 Amended of Sub Bureau of Civil 877 paragraph of service Section 17 of RA 877. Application of RA No. June Standardizations of hypodermic and IV 465 1950 the examination Injections were and registration allowed with fees charged by the supervision of the  NCM 120 - NURSING JURISPRUDENCE Members: physician. Hon. Carmelita C. Divinagracia, RA No. 1991 The Philippine Hon. Zenaida C. Gagno, 7164 Nursing Act of Hon. Marylou B. Ong, 1991. Use of Hon. Merle L. Salvani, Nursing Process, teaching, leadership and Section 4. Qualifications of the decision making Chairperson roles of a nurse.participation a. Be a natural born citizen and in research. resident of the Philippines b. Member of accredited professional RA No. 2002 The Philippine 9173 Nursing Act of organization 2002 c. Must be RN and holder of Master's degree in Nursing d. At least 10 years of continuing Article I TITLE practice prior to appointment e. Bot been convicted of any offense Section 1. The Philippine Nursing Act Law involving moral turpitude 2002 Section 5. Requirements Upon Article II Declaration of Policy Qualification as Member of the Board of Nursing Section 2. It is hereby declared the policy of the state to assume responsibility for Any person appointed as the protection and improvement of the Chairperson or member of the nursing profession by instituting measures Board shall immediately resign that will result in relevant nursing from: education, humane working conditions, Any teaching position in a better career prospects and dignified any school, college existence for our nurses. university or institution offering BSN ARTICLE III ORGANIZATION OF THE Review program for the BOARD OF NURSING local nursing board of examination or Section 3. Creation and Composition of Any office or employment Board in the government or any subdivision, agency or Professional Regulatory Board of instrumentality thereof, Nursing including government Composed of a Chairperson and 6 owned or controlled six members corporations or their appointed by the President of the subsidiaries as well as in Philippines the private sector Chairperson: He/she shall not have any Hon. Elsie A. Tee pecuniary interest in or  NCM 120 - NURSING JURISPRUDENCE administrative supervision Section 9. Powers and Duties of the Board over any institution offering BSN including review a. Conduct the licensure examination classes. for Nurses b. Issues, suspend or revoke Section 6. Term of Office certificates of registration for the practice of nursing The Chairperson and members of c. Monitor and enforce quality the board shall hold office for a standards of Nursing practice in term of three years and until the Philippines and exercise the successors shall have been powers necessary to ensure the appointed. maintenance of efficient, ethical and technical, moral and Provided that the Chairperson and professional standards in the members of the Board may be practice of nursing taking into reappointed for another term. account the health needs of the nation Any vacancy in the Board occurring d. Ensure quality Nursing education within the term of a member shall by examining the prescribed be filled for the unexpired portion facilities of universities or colleges of the term only. Each member of of nursing education. The authority the Board shall take the proper to open and close colleges of oath of office prior to the nursing and or education shall be performance of his/her duties. vested on CHED upon the written recommendation of the Board. Section 7. Compensation of Board e. Conduct hearings and Members investigations to resolve complaints against nurse The Chairperson and Members of practitioners for unethical and the Board shall receive unprofessional conduct and compensation and allowances violations of this Act. comparable to the compensation and allowances received by the Issue subpoena ad testificandum Chairperson and members of other and subpoena duces tecum. professional regulatory board f. Promulgate a Code of Ethics in Section 8. Administrative Supervision of coordination and consultation with the Board, custodian of its Records, the accredited professional Secretariat and Support Services organization of nurses within one year from the effectiveness of this Under the administrative Act. supervision of the Commission g. g. Recognized nursing specialty All records including applications organizations in coordination with for examinations, administrative the accredited professional and other investigative cases organizations.  NCM 120 - NURSING JURISPRUDENCE h. h. Prescribed, adopt issue and Commission or toleration of promulgate guidelines, regulations, irregularities in the licensure measures and decisions as may be examination necessary for the improvements of Unprofessional immoral or the nursing practice, advancement dishonorable conduct of profession and for the proper and full enforcement of this Act ARTICLE IV EXAMINATION AND reviewed and approved by the REGISTRATION Commission Section 12. Licensure Examination All applicants for license to practice shall be given by the Board in such places and dates as may be designated by the Commission in accordance with RA no 8981, otherwise known as the PRC Modernization Act of 2000. Section 10. Annual report The Board shall submit an annual report to the President of the Philippines through the Commission giving detailed account of its proceedings and the accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of Section 13. Qualifications for Admission to the nursing profession. the Licensure Examination Section 11. Removal or Suspension of Must be a Filipino citizen or a Board Members citizen or subject of a country which permits Filipino nurses to The president may remove or practice within its territorial limits suspend any member of the Board on the same basis as the subject after having been given the or citizen of such country. Provided opportunity to defend that the requirements for the himself/herself in a proper registration or licensing of nurses administrative investigation in said country are substantially Grounds for Suspension and Removal: the same as those prescribed in Continued neglect of duty or this Act. incompetence  NCM 120 - NURSING JURISPRUDENCE He/she is of good moral character Section 17. Issuance of Certificate of He/she is a holder of a Bachelor's Registration/Professional License and Degree in Nursing from a college Professional Identification Card or university that complies with the standards of nursing education lssued to an applicant who passes duly recognized by the proper the examination upon payment of government agency the prescribed fees. Every certificate/PRC ID shall show Section 14. Scope of Examination the full name of the registrant, the serial number, the signature of the Determined by the Board Chairperson of the Commission The Board shall take into and the members of the Board and consideration the objectives of the the official seal of the Commission. nursing curriculum, the board A professional ID card, duly signed areas of nursing, and other related by the Chairperson of the disciplines and competencies in Commission, bearing the date of determining the subjects of registration, license number, and examinations. the date of issuance and expiration thereof shall likewise be issued to Section 15. Ratings every registrant upon payment of the required fees. In order to pass the examination: A general average of at least 75% Section 18. Fees for Examination and with a rating of not below 60% in Registration any subject. An examinee who obtains an Applicants for licensure and for average rating of 75% or higher but registration shall pay the gets a rating below 60% in any prescribed fees set by subject must take the exam again Commission. but only in the subject where he/she is rated below 60%. In order Section 19. Automatic Registration of to pass the succeeding Nurses examination, an examinee must obtain a rating of at least 75% in All Nurses whose names appear at the subject/s repeated. the roster of nurses shall be automatically or ipso facto Section 16. Oath registered as nurses under this Act upon effectivity All passers in the examination shall be required to take an oath of profession before the Board or any government official authorized to Section 20. Registration by Reciprocity administer oaths prior to entering upon the nursing practice. A certificate of registration / professional license maybe issued without examination to nurses  NCM 120 - NURSING JURISPRUDENCE registered under the laws of a 7. Uses fraud deceit, or false foreign state or country. statements in obtaining certificate of registration/ professional Section 21. Practice Through license or special/temporary Special/Temporary Permit permit 8. Violation of the Code of Ethics or A special/temporary permit maybe conditions for the issuance of issued by the Board to the temporary/special permit Following persons subject to the 9. Practicing his/her profession approval of the Commision and during his/her suspension from upon payment of the prescribed such practice fees 10. PROVIDED however that such suspension of the cert. of 1. Internationally known registration/prof. license shall be specialists/experts for a period not to exceed 4 years 2. On medical mission 3. Exchange professors Section 24. Re-issuance of revoked Certificates and Replacement of lost Section 22. Non registration & Non Certificate issuance of Certificate of Registration/Professional License cause of revocation has disappeared/cured or corrected 1. convicted by final judgement of subject to the rules of the Board any crime involving moral turpitude 2. person guilty of immoral or ARTICLE V NURSING EDUCATION dishonorable conduct 3. declared by court to be of unsound Section 25. Nursing Education Program mind shall provide sound general and Section 23. Revocation/Suspension of professional foundation for the Certificate of Registration/Prof. License & practice of nursing Cancellation of Special/Temporary Permit learning experience shall adhere strictly to specific requirements by 1. Persons convicted by final the CHED and standards of the judgment of any criminal offense nursing practice. involving moral turpitude 2. Person guilty of immoral or Section 26. Inactive nurses returning to dishonorable conduct practice (for 5 consecutive years) are 3. Any person declared by court to be required to undergo 1 month didactic of unsound mind training and 3 months practicum in 4. Unprofessional and unethical accredited hospitals. standard 5. Gross incompetence or serious Section 27. Qualifications of the Faculty ignorance 6. Malpractice or negligence in the 1. RN in the Philippines practice of nursing  NCM 120 - NURSING JURISPRUDENCE 2. One year experience of clinical A. Provide nursing through the utilization practice in a field of specialization; of the nursing process. Nursing care 3. Member of good standing of includes but not limited to: accredited professional nursing organization; a. traditional and innovative 4. MAN, MA Education or other allied approaches medical sciences conferred by a b. therapeutic use of self college or university duly c. executing health care techniques recognized by the government; 5. and procedures, essential primary Dean - MAN and must have at least health care, comfort measures, & 5 years experience in nursing health teachings d. administration of written ARTICLE VI NURSING PRACTICE prescriptions for treatment therapies, oral, parenteral Section 28. Scope of Nursing Practice medications, e. administration of written A person shall be deemed to be prescriptions for treatment practicing nursing within the therapies, oral, parenteral meaning of this Act when he/she medications, singly or in collaboration with f. internal examinations during labor another, initiates and performs in the absence of antenatal nursing services to Individuals, bleeding and delivery families and communities in any g. in case of suturing of perineal health care setting. laceration, special training shall be Includes but not limited to: nursing provided according to protocol care during conception, labor, established delivery, infancy, childhood, toddler, pre-school, school age, B. Establish linkages with community adolescence, adulthood and old resources and coordination with the age. health team As independent practitioners, nurses are primarily responsible C. Provide health education to include for the promotion of health & families and communities prevention of illness. As members of the health team, D. Teach, guide and supervise students in nurses shall collaborate with other nursing education programs including health care providers for the administration of services in varied curative, preventive, and settings such as hospitals, and clinics and rehabilitative aspects of care, undertake consultation services; engage restoration of health, alleviation of in such activities that require the suffering and when recovery is not utilization of knowledge and decision possible, towards a peaceful making skills as registered nurses death. E. Undertake nursing and health human resources development training, which  NCM 120 - NURSING JURISPRUDENCE shall include but not limited to the critical care/oncology/renal development of advance nursing practice beneficiaries to serve Phil. Hospital for 2 years Section 29. Qualifications of Nursing BON Res #14 s.1999 - created Service Administrators NSCC - oversee the administration of new program by Specialty Cert. 1. RN; Board (Pres APO/ 2. At least 2 yrs. experience in gen. Academician/PRB) nursing service administration; 3. BSN degree holder with at least 9 Section 32. Salary units in management and administration courses at the shall not be lower than grade 15 graduate level; (RA 6758 Compensation & 4. Member of good standing of the Classification Act of 1989) accredited professional organization for nurses; Section 33. Funding of Comprehensive 5. For chief nurse/ director of nursing Nursing Specialty Program service - 5 yrs. experience in PAGCOR/PCSO supervisory or managerial position DOH - releases, accounts & audits & MAN holder; and sets the criteria for the 6. Chief Nurse (Primary Hospital) - availment of the program qualification same as supervisors; CN Public Health Agencies -MPH Section 34. Incentives and benefits 7. For military chief nurses - MAN plus completion of the General free hospital care for nurses and Staff Course (GSC). their dependents scholarship grants & other ARTICLE VII HEALTH HUMAN RESOURCE non-cash benefits PRODUCTION, UTILIZATION AND maintain nurse-patient ratio as set DEVELOPMENT by DOH Section 30. Studies for Nursing manpower needs, production, utilization and development The Board in coordination with ARTICLE VIII PENAL AND APO & appropriated government MISCELLANEOUS PROVISIONS and private agencies # Section 31. Comprehensive Nursing Section 35. Prohibitions in the Practice of Specialty Program Nursing BON/APO/RSO/DOH Penalty: fine of Php50,000.00 but not upgrade the level of skill and more than Php100,000.00 or competence of specialty nurse imprisonment of not less than 1 year but clinicians not more than 6 years or both upon the  NCM 120 - NURSING JURISPRUDENCE discretion of the court, shall be imposed D. Any person or the CEO of a juridical upon: entity violating any provision of this Act and its rules and its rules and regulations A. Any person who practices nursing 1. without certificate of registration/ ARTICLE IX FINAL PROVISIONS professional license; temporary permit Section 36. Enforcement of this Act 2. who uses as his/her own certificate of registration/ It shall be the primary duty of the license/permit of another Commission and the Board to 3. who uses an invalid, suspended, effectively implement this Act. Any revoked, expired, cancelled duly law enforcement agencies certificate, license or permit and officers of national, provincial, 4. who gives any false evidence to city or municipal governments the Board in order to obtain a cert. shall, upon the call or request of of registration/license/ or permit the Commission or the Board, 5. who appends BSN/ RN or any render assistance in enforcing the similar appendages to his/her provisions of this Act and to name without having been prosecute any persons violating conferred said degree or the same. registration 6. who falsely advertises as Section 37. Appropriations registered/licensed nurse or uses any other means that tend to The Chairperson of the convey the impression that he/she Professional Regulation is a registered/licensed nurse Commission shall immediately 7. who as a registered/licensed include in its program and issue nurse, abets or assists the illegal such rules and regulations to practice of a person who is not implement the provisions of this lawfully qualified to practice Act, the funding of which shall be nursing included in the Annual General Appropriations Act. B. Any person or the CEO of a juridical entity who undertakes in-service educational programs or who conducts Section 38. Rules and Regulations review classes for both local & foreign examination without permit/clearance Within ninety (90) days after the from the BON & PRC effectivity of this Act, the Board and the Commission, in C. Any person or employer of nurses who coordination with the accredited violates the minimum base pay of nurses professional organization, the and the incentives & benefits that should Department of Health, the be accorded as specified in RA 6758 Department of Budget and "Compensation and classification Act of Management and other concerned 1989" government agencies, shall  NCM 120 - NURSING JURISPRUDENCE formulate such rules and (Sgd.) OSCAR G. YABES (Secretary of the regulations necessary to carry out Senate) the provisions of this Act. The (Sgd.) ROBERTO P. NAZARENO (Secretary implementing rules and regulations General House of Representatives) shall be published in the Official Sgd.) GLORIA MACAPAGAL-ARROYO Gazette or in any newspaper of (President of the Philippines ) general circulation. Section 39. Separability Clause If any part of this Act is declared unconstitutional, the remaining parts not affected thereby shall continue to be valid and operational. Section 40. Repealing Clause Republic Act No. 7164, otherwise known as the "Philippine Nursing Act of 1991" is hereby repealed. All other laws, decrees, orders, circulars, issuances, rules and regulations and parts thereof which are inconsistent with this Act are hereby repealed; amended or modified accordingly. Section 41. Effectivity This Act shall take effect fifteen (15) days upon its publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines. This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on October 15, 2002 and October 8, 2002, respectively. (Sgd.) FRANKLIN M. DRILON (President of the Senate) (Sgd.) JOSE DE VENECIA, JR. (Speaker of the House of Representative)