PGD, RA 7392.pdf

PROFESSIONAL GROWTH AND DEVELOPMENT BRIEF HISTORY First Midwifery School in Sampaloc General Hospital (1922) - Dr Jose Fabella – the first Secretary of Health founded the first Midwifery School in the Philippines w...

PROFESSIONAL GROWTH AND DEVELOPMENT BRIEF HISTORY First Midwifery School in Sampaloc General Hospital (1922) - Dr Jose Fabella – the first Secretary of Health founded the first Midwifery School in the Philippines with10 students Development of Midwifery in the Philippines Midwifery started as a 6 month course to 1 year. Major function of the midwives pertained to maternal and childhealth care (MCH). In the early years, student midwiveswere supported by the government. They had free tuition, free board and lodging and free laundry with allowance. These students were considered as government “pensionados”/then in 1952, Domiciliary Services (DOS) was included in the curriculum. The course ran from one ear and six months in 1976. Ricardo Gonzales (father of Modern Midwifery) - appointed as chairman of the Board of Midwifery in1974. He was the director of the Jose Fabella Memorial Medical Center during this time. He was one of those who made a study of the curriculum and a two year program. The DECS adopted this new course in 1977 and implemented nationwide From then on, revision in the midwifery curriculum were made to upgrade the skills of the midwifery graduates to be globally comparable. To this date,the BSM is being offered by some midwifery schools. This program was approved through the CHED Memorandum Order 33 series of 2007 ETHICAL THEORIES NATURAL LAW The system of natural law holds that man should live life according to an inherent human nature. Example: the declaration of independence was an assertion of natural law - the right to be free, the right to live etc., if you believe you are entitled to these rights just by virtue of the fact that you are alive/human, you believe in natural law. UTILITARIANISM This theory basically promotes good or valued ends. This theory instructs adherents to work for those outcomes that will give the most advantage to the majority of those affected in the most impartial way possible. To a utilitarian, it is ethically correct if the choice that yields the greatest benefit to the most people. TWO TYPES: Act Utilitarianism – A person performs the acts that benefit the most people, regardless of personal feelings or the societal constraints such as laws. Rule Utilitarianism – this takes into account law and is considered with fairness. A rule utilitarian seeks to benefit the most people but through the fairest and most just means available ETHICAL DIVISION ACTS OF MAN HUMAN ACTS - actions that do not involve the use of intellect and free are imputable to man so as to involve his responsibility, will; these are actions done unconsciously and without for the very reason that he puts them forth deliberatively reason. and with self-determination. This involves the use of both free will and intellect; these are actions performed with The natural acts of vegetative and sense faculties: use of reasons. digestion, beating of the heart, growth, corporal reactions, and visual or auditive perceptions. However, FREE WILL - the ability to choose how to act. : theability these acts become human acts when performed under to make choices that are not controlled by fate or God. the direction of the will, as when we look at something, or arouse ourselves. MORES VS MORALITY Mores Morality customs, beliefs enforced by social pressure. They speaks of a system of behavior in regards to standards of are the societies established patterns of action to right or wrong behavior. The word morality is always which an individual is expected to conform. associated with: moral standards, which is about human behavior; moral responsibility which refers to our conscience; and moral identity, or one who is capable of right or wrong action.  LAW OF CONSCIENCE OR NATURAL LAW According to St. Thomas, Law is an “ordinance of reason, promulgated for the common good by the one who has charge of a society.” Law- is an ordinance of reason promulgated for the common good or to protect the society at large. Conscience - is a practical judgment of reason upon an individual act as good, or as evil and to be avoided. LAW OF CONSCIENCE VIRTUE ensures that people cannot be forced to facilitate is a good habit that enables us to act according to right practices or procedures to which they object for reasons reason, enlightened by faith. It is a firm dispositionto of conscience. These may include abortion, capital act according to God’s will and disregard the punishment, contraception, sterilization, artificial countryimpulses of our own will. reproduction, euthanasia, assisted suicide, human experimentation, torture, etc. CARDINAL VALUES PRUDENCE able to judge between actions with regard to appropriate actions at a given time. JUSTICE proper moderation between self-interest and the rights and needs of others. RESTRAINTS or practicing self control,abstention, and moderation. TEMPERANCE COURAGE or FORTITUDE forbearance, endurance, andability to confront fear and uncertainty, or intimidation. APPLIED ETHICS applies the general concepts and principles but also specifies the particular situation in life in which they are valid and legitimate moral. It is also called Special ethics and deals with: Individual Ethics which deals with duties to God; duties to one self and others. Social Ethics right to property and the right to marriage. Political Ethics deals with the state; the political authority and the international authority. Professional Ethics is the branch of moral science which treats the obligations which a member of a profession owes to the public, to the profession, to his colleagues and client. BIOETHICS the ethics of biology, biological research and the applications of that research. It is an ethical theory that brings together medicine, the law, social sciences, philosophy, theology, politics and other disciplines to address questions related to clinical decision making and medical research. PRINCIPLES OF BIOETHICS AUTONOMY SELF- DETERMINATION the right of competent adults to make informed decisions about their own medical care. The principle underlies the requirement to seek the consent or informed agreement of the patient before any investigation or treatment takes place. Three conditions must exist for autonomous action by those with capacity to choose: 1. Intentionality 2. Understanding 3. Absence of controlling influences that determine their action BENEFICENCE The principle of beneficence is a moral obligation to act for the benefit of others. There are 2 aspects of beneficence: 1. Providing benefits 2. Balancing benefits and risks/harms  NON-MALEFICENCE The principle of nonmaleficence holds that there is an obligation not to inflict harm on others. It is closely associated with the maxim primum non nocere (first do no harm). The principle of nonmaleficence supports the following rules: 1. Do not kill. 2. Do not cause pain or suffering. 3. Do not incapacitate. 4. Do not cause offense. MISFEASANCE Misfeasance is the act of engaging in an action or duty but failing to perform the duty correctly. Misfeasance refers to an action that is unintentional. However, malfeasance is the willful and intentional act of doing harm. JUSTICE The principle of justice as it relates to health care considers the obligation to fairly and equitably distribute health and health care. This requires prioritization and rationing of competing claims. In health care this might be subdivided into categories of: fair distribution of scarce resources (distributive justice), respect for people's rights (rights based justice) and respect for laws (legal justice). VERACITY The principle of veracity, or truth telling, requires that healthcare providers be honest in their interactions with patients. Veracity means that there has been full and honest disclosure. FIDELITY/LOYALTY LOYALTY Fidelity addresses a person's responsibility to be loyal and truthful in their relationships with others. It also includes promise keeping, fulfilling commitments, and trustworthiness. PHILIPPINE MIDWIFERY ACT of 1992 RA 7392 CURRENT BOMs: CHAIRMAN: Dr. Melchor Capellan Dela Cruz Jr. —current or present chairman of BOM, practices Obstetrics and Gynecology and Gynecologic Oncology MEMBERS: Hon. Liwayway M. Piedad, RN, RM Hon. Corazon F. Landicho, RM — Awarded as National Outstanding Professional Midwife in 2020 Hon. Lourdes S. Mangahas, RM Hon. Lerma M. Valenzuela, RM SECTION 4: TERM OF OFFICE Members of Board shall hold Office for 3 years or until their successors shall have been appointed and duly qualified, without prejudice to reappointment for another term. Each member of the Board shall qualify by taking his/her oath of office before entering upon the performance of his/her duties. TERM TENURE the time during which the officer may claim to represents the term during which the incumbent actually holds the hold office as of right, and fixes the interval after office. The term of office is not affected by the hold-over. The tenure which the several incumbents shall succeed one may be shorter than the term for another. reasons within or beyond the power of the incumbent. SECTION 5: DUTIES AND FUNCTIONS OF THE BOARD: POWERS OF BOM QUASI-EXECUTIVE POWER to implement/enforce or carry out the policy set out in the law or statute. QUASI-LEGISLSATIVE promulgation of laws, rules and regulations. Rule making function of POWER the Board. QUASI-JUDICIAL POWER conducting a hearing or investigations in violations of Midwifery Act Investigatory/Inquisitorial Power -to issue subpoena and subpoena duces tecum A. Subpoena – a written order to compel an individual to give  testimony before a court. Failure to comply with such an order to appear may be punishable as contempt. B. Subpoena duces tecum – an order requiring a person to bring something or to produce documents before the court and if need be, to testify it. DISCRETIONARY POWER The right of an officer to EXERCISE HIS JUDGEMENT OR DISCRETION of what action shall be pursued. April 2023 BQ: Preparation of examination papers and revocation of license. MINISTERIAL POWER Performance of an officer of an act in a prescribed manner or in the OBEDIENCE TO THE MANDATE of a legal authority WITHOUT EXERCISING HIS DISCRETION. Administering oaths to successful examinees. ENABLING POWER a legislative body grants an entity which depends on it (for authorization or legitimacy) the power to take certain actions. conferring additional legal powers or capacities, especially by removing a barrier to action, suspending required permission, or relaxing oversight Example: Issuance/granting a successful candidate with certificate of registration. CORRECTIVE/DIRECTING To replace lost, destroyed or mutilated certificate of registration (submit an affidavit of loss). POWER DISPENSING POWER Granting exemptions from the general provisions of the RA 7392. Example: Exempting a certain person from taking the licensure examination. EXAMINING POWER The Board examines candidates desiring to become R.M. to determine if they are qualified to practice midwifery. Example: CONDUCTING yearly board examination SECTION 7: REMOVAL OF BOM NEGLECT OF DUTY Neglect of Duty or Non-feasance is the omission or refusal, without sufficient excuse, to perform an act or duty, which was the officer's legal obligation to perform. Elements: 1. There is an existence of duty; 2. No sufficient excuse from performance of duty; 3. It was the person’s legal obligation to perform; 4. The duty was not performed INCOMPETENCE Incapacity, inability or lack of qualification or fitness to discharge or perform duties. Example: performing suture without proper training. DISHONORABLE CONDUCT Dishonorable conduct shall include, without limitation, conduct involving moral turpitude, fraud, dishonesty, or otherwise demonstrating lack of good moral character, whether or not said conduct involves the practice of midwifery. Example: Scandalous behaviors and immoralities. Moral Turptitude=act of baseness, vileness, or depravity in the private and social duties which a man owes his fellow men. UNPROFESSIONAL CONDUCT unethical or unprofessional behaviour that falls short of the ethical or professional standards, guides or codes of conduct, accepted by a particular profession. conduct unbecoming a licensee or detrimental to the best interests of the public, including conduct contrary to recognized standards of ethics of the licensee’s profession or conduct that endangers the health, safety or welfare of a patient or client. SECTION 10: ANNUAL REPORT The Board shall submit annual report to the Commission at end of each calendar year, giving a detailed report of its activities and proceedings during the year.  SECTION 13: PRE- REQUISITE In order to be admitted to the midwifery examination, an applicant shall, at AND QUALIFICATIONS OF the time of filing of his/her application therefor, establish to the satisfaction APPLICANTS FOR EXAMINATION to the Board that he/she: G ood health G ood moral character G raduate of midwifery in a government recognized and duly accredited institution. (registered with CHED) NOTE: At the time of the issuance of a certificate of registration, the applicant shall be a citizen of the Philippines and at least 18 years of age. SECTION 15: QUALIFICATIONS OF The faculty shall have academic preparation appropriate to teaching FACULTY assignment, as follows:  At least a bachelor's degree holder or Doctor of Medicine (M.D.) or  P roof of competence in field of specialization  R egistered nurse or registered midwife with  O ne year satisfactory teaching experience and(CBQ)  O ne year of efficient performance in maternity ward/ community  A registered Midwife may be allowed to Follow-up student midwives in the community ward provided that she has at least 2 years of experience in the area of assignment and has undergone training in the supervision of students. NOTE: The teaching load of a principal is 12 units. SECTION 22: FOREIGN RECIPROCITY No foreigner midwife shall be granted any of the rights and privileges under this Act unless  that his/her country requisite for admission to midwifery school and for graduation are substantially the same in the Philippines.  Proof of reciprocity that Philippine midwives who practices in her/his country are accorded with THE SAME rights and privilege to its citizens. (This document should be confirmed by the DFA, Department of Foreign Affairs)  The foreigner has resided in the Philippines for 3 consecutive years as provided by the RA 5181(Permanent residence and reciprocity law)  The applicant is a midwife/registered in his/her country. RECIPROCITY In international relations and treaties, the principle of reciprocity states that favors, benefits, or penalties that are granted by one state to the citizens or legal entities of another, should be returned in kind. In civil law, Reciprocity is based on the principle of “Du ut des” meaning I GIVE THAT YOU MAY GIVE. SECTION 23: PRACTICE OF TRADITIONAL FUNCTIONS: MIDWIFERY Supervise, Care and advice women during pregnancy, labor and post-partum period. N utrition and family planning, I nternal examination during labor except when patient is with antenatal bleeding; C arrying out the written order of physicians with regard to antenatal, intra- natal and post-natal care of the normal pregnant mother E ssential Newborn Cares P rocures medical supplies I mpart health Education E xecute emergencies measures C onduct deliveries on her own responsibility E xamination like leopold's maneuver S ervices & Primary health care in the community Expanded Function S uturing perineal lacerations to control bleeding (provided with training) I njection of Vitamin K. to the Newborn P arenteral and oral dispensing of oxytocic drugs after delivery of the placenta A dministration of Oresol  G iving of intravenous fluids during obstetrical emergencies provided they have been trained for that purpose Note: EPISIOTOMY is a malpractice act of a midwife (Episiotomy is a practice of doctors only) SECTION 24: REFUSAL TO ISSUE CERTIFICATE OF REGISTRATION Moral turpitude - essential element is fraud or deceit Crimes involving moral turpitude typically include acts carried out with reckless disregard for the potential consequences and a clear intention to harm, defraud, or deceive another person. SECTION 25: REVOCATION AND BOM have the power to revoke or suspend the validity of a certificate of SUSPENSION OF CERTIFICATES registration of a midwife. GROUNDS FOR SUSPENSION/REVOCATION: P erforming abortion A ssisting abortion I ncompetence N egligence and malpractice F raudulent misrepresentation U nprofessionals’ conducts L ack of knowledge (Serious ignorance) TAKE NOTE: Fraudulent misrepresentation uses fraud, deceit or false statements to obtain a certificate of registration. From the decision of the Board, appeal may be taken to the Professional Regulation Commission which decision shall be final NEGLIGENCE MALPRACTICE whether the injury was caused by an Injury was caused by an intentionally action avoidable but negligent unintentional Four elements of medical malpractice: mistake (negligence) 1.) duty of care, Four elements are required to establish a 2.) breach of duty of care, prima facie 3.) injury caused by the breach and case of negligence: 4.) resulting damages. 1. the existence of a legal duty that the defendant owed to the plaintiff. 2.) defendant's breach of that duty. 3.) plaintiff's sufferance of an injury. proof that defendant's breach caused the injury (proximate cause) SECTION 27: PENAL PROVISION MISDEMEANOR CASE  Any person practicing midwifery without a certificate of registration  Any person using certificate of registration of another as his/her own  Any person giving false or forged evidence to PRC in order to secure a certificate of registration.  Any person using a revoked or suspended certificate of registration or any person assuming  Any person using or advertising as registered midwife or RN-RM without having been conferred such title by the PRC.  Any person appending to his/her name the letters "R.M." without having been conferred such title by the PRC (CBQ)  Any person advertising any title description ( PhD, MAN, MBA) tending to convey the impression (CBQ) upon conviction, be sentenced to a: Fine : not less than P10,000.00 nor more than P30,000.00 Imprisonment: not less than years nor more than 7 years *Or upon the discretion of the court, be sentenced of both fine and imprisonment. (CBQ)