PH LAWS (LEGAL NSG).pdf

LGG LEGAL ASPECTS IN NURSING LAW recommendations of the commission of civil service” T...

LGG LEGAL ASPECTS IN NURSING LAW recommendations of the commission of civil service” The sum total of rules and regulations by C. Academic degree of BON is Master’s which society is governed. degree not a Baccalaureate. A rule of conduct pronounced by controlling D. No disqualifying age limit of BON authority and which may be enforced. E. The maximum compensation was The controlling authority in our system is the raised from 12k to 18k yearly. government, fundamental laws is the F. Academic qualification of dean, constitution. directors and principals of nursing PRINCIPAL SOURCES OF colleges and schools is Master’s PRONOUNCEMENTS: degree in nursing. RA 7164- THE PHILIPPINE NURSING 1. The constitution ACT OF 1991 2. The statutes or legislations - Introduced by Sen. Heherson 3. The regulations issued by the executive Alvarez, codified and revised all the branch laws regulating the practice of nursing 4. Case decisions or judicial opinions in the Philippines. 5. Presidential decrees - It includes changes such as: 1) 6. Letters of instructions Redefinition of the scope of nursing practice requiring a faculty member to A BRIEF HISTORY OF THE PHILIPPINE hold Master’s degree, specification of NURSING LAW: qualification of administrations of nursing services, inclusion of ACT NO. 2493 OF 1915 “unethical conduct” as one of the - Regulated the practice of medicine, this act reasons for revocation and provided for the examination and suspension of certificate of registrations of nurses in the Philippine registration. islands. ACT NO. 2808 OF 1919 OTHER LAWS: - The first true nursing law, created a board PROCLAMATION NO. 539 of examiners for nurses. In 1920, first board exam was given. - Dated October 17, 1958 RA 877 - Presidential proclamations as NURSE’S WEEK. - The Philippine nursing law enacted on June - The purpose of dedicating a period in 19, 1953. Provisions included the a year for the promotion of the ideals organization of the board of examiners for of the nursing profession was to nurses, provisions regarding nursing develop consciousness and schools and colleges, examination, availability of nursing resources in the registration of nurses including sundry Philippines. provisions relative to the practice of nursing. RA 4704 – ON JUNE 18, 1966 AMENDED RA LOI NO. 1000 877 SALIENT CHANGES ARE: - On March 20, 1980 by Pres. Marcos A. board of examiners from 3 to 5 required that members of accredited members. professional organizations shall be given B. The members of the BON be appointed priority in the hiring of employees in the by the president of the Philippines with gov’t service and in the engagement of the consent of commission on professional services. appointments no longer “Upon  LGG LOI 47 DEPARTMENT OF LABOR ORDER NO. 7 - directs all school of medicine, nursing, - requires all industrial establishments to midwifery and allied medical professions provide family planning services and social work to prepare, plan and ILO CONVENTION NO. 249 implement integration of family planning in their curriculum to require - provides for the improvement of life their graduate to take the licensing and work conditions of nursing examination. personnel ACT NO. 3573 IN 1929 - Prevention and Suppression of PRESIDENTIAL DECREES Dangerous Communicable Diseases PD 223 - that all CD shall be reported to the nearest health station and that ay person - On June 23, 1973 created the may be inoculated, administered or professional regulation commission and injected with prophylactic preparations. prescribed its powers and functions. - no person shall refuse as to hinder or PD 541 obstruct these protective measures - Allows former Filipino professionals to deemed advisable by the secretary of practice their respective professions in the health or the authorized representatives. Philippines. CHED MEMO ORDER 49 SERIES OF PD 825 2006 - “Garbage Disposal Law” - implement the rules and regulations governing the operation of review center - provides penalty for improper disposal of pursuant to EO 266 garbage and other forms of uncleanliness. CHED MEMO ORDER NO. 13 PD 856 - prohibits higher education institutions - The Code of Sanitation from forcing their students and graduating - provides for control of all factors in man’s students to enroll in their own review environment that affect health including centers and/ or review centers of their own the quality of water, food, milk, control of preferences. insects, animal carriers, transmitters of GENERAL ORDER NO. 18 disease, sanitary and recreation facilities, noise, unpleasant odors and control of - enjoins all citizens of the Philippines, nuisance. university colleges, schools, government offices, mass media, voluntary & religious PD 996 organizations of all creeds, business and - Requires Compulsory Immunization for industrial enterprises to promote the all children below 8 years of age against concept of family welfare, responsible Communicable diseases. parenthood and family planning. - Circular no. 14 of 1965 requires health EO 566 examination and immunization of all - directs the commission to regulate the prospective grade 1 pupils against establishment and operation of review smallpox, diphtheria and TB as a centers and similar entities. prerequisite for enrolment.  LGG PD 148 AMENDING RA 679 (WOMAN PD 626 AND CHILD LABOR LAW) - the employee compensation and state - States that the employable age shall be insurance fund provide benefits to workers 16 years covered by SSS or GSIS for immediate injury, illness or disabilities. - This decree provides for the minimum employable age and for privileges of PD 1519 working women. - gives medicare benefits to all gov’t PD 791 employees regardless of status of appointment, retirees, regardless of age - The Revised Population Act also entitled. - it defines the objectives, duties and PD 1636 functions of the POPCOM - requires compulsory membership in the - empowers nurses and midwives to GSIS/ or SSS retirement fund. provide, dispense and administer acceptable methods of contraception after having undergone training and having REPUBLIC ACTS been granted authorization by the POPCOM. RA 1612 PD 48 - A privilege tax shall be paid before any business or occupation can be lawfully - limits paid maternity leave privileges to 4 begun or pursued. children. - The occupation or professional tax for PD 166- AMENDING PD 791 nurses as P50.00 payable annually on or - Strengthened Family Planning before duty January 31. Program - Nurses working in the government - this decree strengthens FP programs service were exempted from paying the through participation of private privilege tax. organizations and individuals in the RA 1080 formulation and implementation of the program planning policies. - Those who passed the bar and board examinations were declared to be civil PD 603 service eligible. - Child and Youth Welfare Code RA 7392 AMENDED RA 2644 - protects and promotes the rights & - As the Midwifery law welfare of children and youth. - Nurses should pass the board exams for - employment of children below 16 y/o is midwives and be registered as such upon limited to performing light work not harmful payment of the prescribed fee and submit to their safety, health or normal to the midwifery board a certification from development. the chief of the hospital that they actually PD 651 attended ad least 20 deliveries - Registration of birth of a child within RA 2382 30 days with civil registrar - Philippine Medical Act  LGG - defines the practice of medicine in the RA 6173 Philippines - “Code of Conduct and Ethical RA 5181 Standards for Public Officials and Employees” - prescribes permanent residence and reciprocity as qualifications for any - upholds a time-honored principle that examination or registration for the public office is a public trust. practice of any profession in the - public officials and employees shall Philippines. discharge their duties with utmost RA 6425 responsibility, integrity, competence and loyalty and shall act with patriotism and - Dangerous Drug Act justice. - that sale, administration, delivery, RA 7160 distribution and transportation of prohibited drugs are punishable by law. - Local Government Code RA 1082 AMENDED BY RA 1891 - transfers responsibility for delivery of basic services and facilities of the national - creation of Rural Health Units all over the government to local gov’t units Philippines - this involves devolution of powers, RA 4073 functions and responsibilities to the local - Liberalizes the treatment of Leprosy gov’t both provincial and municipal. - no person afflicted with leprosy shall be RA 7305 confined in a Leprosarium - “Magna Carta for Public Health - patients should be treated in a Workers” government skin clinic, RHU or by a duty - authored by Sen. Edgardo Angara licensed physician. - Provides promotion and provision of RA 6365 social and economic welfare of health - National Policy on Population and workers. Develop their skills and created the Commission on Population capabilities, encourage those qualified (POPCOM) with abilities to remain in gov’t service. RA 6675 RA 7600 - Generics Act of 1988 - The Rooming-In and Breastfeeding Act of 1992 - an act to promote, require and ensure the production of an adequate supply, - provides that babies born in private and distribution, use and acceptance of drugs government hospitals should be roomed-in and medicines identified by their generic with their mothers to promote name. breastfeeding and ensure safe and adequate nutrition to children. RA 6758 - enforced by the Milk Code (EO #51) - standardizes the salaries of government employees which include the nursing personnel.  LGG RA 7432 PRC RESOLUTION NO. 2004-189 SERIES OF 2004 - Senior Citizen’s Act - forfeits the examination fees paid by the - gives honor and justice to our people’s examinee who failed to report and take the long tradition of giving high regard to our scheduled examination. elderly. PRC MEMORANDUM NO. 2005-02 - it entitles the elderly to a 20% discount in all public establishments such as - On March 3, 2005 implementing the restaurants, pharmacies, public utility revised rates of fees charged and vehicles and hospitals. collected by the commission on appointment BS degree- P900.00 exams - free medical and dental check-up and fee, Registration – P600.00 hospitalization of elderly in all government hospitals. PROFESSIONAL REGULATION COMMISSION (PRC) PRC RESOLUTION NO. 2004-17 SERIES OF 2004 - re-implemented continuing professional education requiring 60 credits for 3 yrs for professional with bachelor’s degree. PRC BON RESOLUTION NO. 14 FEB 8, 1999 - promulgated the guidelines for the implementation of a specialty certification. PRC BOARD RESOLUTION NO. 2003- 166 - amended the filing of application of various licensure examinations in the regional offices from 20 to 30 day before the first day of examination to give sufficient time for the board to tally the report, review the qualifications, check the completeness and accuracy of the documents thereby ensuring strict compliance with the “No Deferent” policy. PRC BON RESOLUTION NO. 2004- 200 SERIES OF 2004 - requires applicants in the licensure examination to submit transcript of records with scanned picture and the remarks “For Board Examination Purposes Only”