Laws and Regulations Affecting Nursing

LAWS AND REGULATIONS AFFECTING NURSING/MIDWIFERY PRACTICE IN THE PHILIPPINES

Republic Acts: RA 1136 - TB law, reorganizing division of TB control in the DOH RA 3573 - Reporting of Communicable Diseases RA 3753 - Civil Civ il Registry Law -RA 4073 - Treatment Treatment of Leprosy Leprosy in a government government skin clinic, clinic, rural health health unit or  by duly licensed physician RA 4226 - Hospital Licensure Act RA 5181 Perma rmanent res reside idence & rec recipro iproci city ty qualifi lific catio tions for  for  examination/registration RA 5901 - Working hours hours & compensation of hospital & clinic personnel RA 6136 6136 - Expressly authorizes authorizes the giving of IV & other other injections injections by the the nurse nurse only under the direction & supervision of a physician RA 6675 - Generics Act of 1988 RA 6725 - Strengthening Prohibition on Discrimination Discriminat ion against Women RA 7170 - Organ Donation RA 7305 - Magna Carta of Public Health Workers RA 7392 - Midwifery Law RA 7600 - Rooming –in and Breastfeeding Act of 1992 RA 7610 - Child Abuse & Exploitation RA 7624 - Drug Education RA 7877 - Sexual Harassment Law RA 8172 - Asin Law of the Philippines RA 8187 - Paternity Leave RA 8353 - Anti-Rape Law RA8423 - Traditional & Alternative Medicine Act of 1997 RA 8749 - Clean Air Act RA 8980 - Early Childhood Care & Development Act of the Philippines RA 8981 - Comprehensive Drug Act of 2002 RA 9165 - PRC Modernization Act of 2002 RA 9288 - Newborn Screening Act Presidential Decrees: PD 48 - Four (4) children with paid maternity leave privileges PD 69 - Four (4) children for tax exemption PD 223 - Creation of PRC PD 442 - New Labor Code PD 603 - Child and Youth Welfare Code PD 651 - Birth Registration PD 825 - Garbage Disposal PD 856 - Sanitation Code PD 965 - Family Planning & Responsible Parenthood Parenthood Instructions prior to issuance of marriage license PD 996 - Compulsory Immunization for children below eight (8) years old •

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Executive Orders: EO 51 - Milk Code EO 80 - Collective Bargaining Rights of government workers EO 296- Accredited professional organization of nurses must create a nomination committee composed of its past presidents who will screen nominees or  applicants to the BON EO 857 - Compulsory Dollar Remittance

PRC and Board Resolutions: # 187 s. 1991 - Issuance and Renewal of Professional License # 217 s. 1992 - Delisting of delinquent professionals # 633 s. 1984 - ICN Code of Ethics # 1955 s. 1989 - PNA Code of Ethics # 8 s. 1994 1994 - Spec Specia iall Trai Traini ning ng on IV Ther Therap apy y Proclamations , Pronouncements, Letters of Instructions & House Bills:

Proc. # 6 - United Nations’ goal on Universal Child Immunization by 1990 Proc. # 539 - Nurses’ Week (every 3rd week of October) LOI # 949 - Legal basis of Primary Health Care HB 4110 - REPRODUCTIVE Health Care Agenda Act of 2001 HB 3744 - Empowerment of Women in Vulnerable Situation Act HB 3773 - Responsible Responsible Parenthood Parenthood and Population Population Movement Movement Act of 2005

PROFESSIONAL ADJUSTMENT DEFINITION OF TERMS:

Nursi Nursing ng juri jurispr sprud uden ence ce

Legislation

Comp Compris rises es all all the the lega legall rules rules and principles affecting the nursing profession Act or process of making laws

Nurs Nursin ing g Leg Legis isla lati tion on

Maki Making ng of laws laws affe affect ctin ing g the the nurs nursin ing g pro profe fess ssio ion n

Rights

Innate capacity to control actions of others with the approval and sanction of of the State. Ex Bill of rights

Legal rights

Claim wh which ca can be be en enforced by by la law ag against a pe person or or   community whose duty is to respect it.

Court

Forum where disputes are settled

Jurisdiction

Authority to hear an and decide legal controversies

Venue

Venue where suit can be heard

Legal remedy

Means employed to enforce a right or redress a wrong

Ordinary re remedy

Ordinary ac action or su suit in in a court of of law

Extra Extra ordina ordinary ry remedy remedy

Afforded Afforded by law law other other than than the the ordinar ordinary y remedy remedy

Writ

Mandatory rule of action 1. Certiorari - review; acted acted w/o or in excess of of jurisdiction; grave grave abuse of discreti discretion on & there there is no appeal appeal nor  any plain, speedy & adequate remedy in the ordinary course of law. 2. Prohibition - stop prosecuting a case 3. Mandamu Mandamus s - perform perform a specific specific act act w/c pertains pertains to

his/her duty 4. Quo warranto - recover an office or franchise

Prov Provis isio iona nall rem remedy edy

Prov Provid ided ed for pres presen entt need need,, temp tempor orar ary y prote rotect ctio ion n whil while e an action is pending 1. Injunction - refrain from doing an act 2. Prelim Prelimina inary ry injun injuncti ction on - grant granted ed at any any stage stage of the action 3. Final injunction - granted when rights of the parties are determined

Process

Means to compel defendant to appear in court 1. Warrant - directs a person to do an act, addressed addressed to an officer, affording him protection from damages when he does the act. 2. Searc Search h warrant warrant - to search search for mater material ial / persona personall property & bring them to court 3. Subpoena ad testificandum - witness to testify 4. Subpoena duces tecum – witness & documents 5. Summon - defendant to testify

Plaintiff

Complaining party

Defendant

Person charged of a crime

Accuser

Private offended party represented by the state (People of the Phil.)

Witness

A pe person wh who ha has kn knowledge of of th the fa fact pe pertaining to to th the case; testify to the genuineness of the makers’ signature in an instrument.

Expert witness

One wh who is is qu qualified to to te testify ba based on on sp special kn knowledge, skills, experience and training..

Damage

Loss or injury

Damages

Sum of money for compensation to injury/damage done

Nursing

The diagnosis or treatment of human responses to actual or   potential health problem (ANA)

Profession

Acceptance of of the service (motive) – not to make money but promote health or knowledge or good laws

Nurs Nursin ing g pro profe fess ssio ion n

Perf Perfor orma manc nce e for for a fee, fee, sal salar ary y or oth other er rew rewar ard, d, com compe pens nsat atio ion, n, of profes professio siona nall nursi nursing ng servi service ces s to indivi individu dual, al, family family,, and and commun community ity in various various stages stages of develop developmen mentt towards towards the promotion promotion of health, prevention prevention of illness, restoration of health and alleviation of suffering thru: • •

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utilization of the nursing process establis establishme hment nt of connecti connection on with resou resource rces s and and coordi coordina natio tion n with with team motiv tivatio tion of the ind individ ividu ual, communit community y and coordina coordination tion with team

commun community ity the heal health th family, ily, & the health health

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part partic icip ipat atio ion n in teac teachi hing ng,, guid guidan ance ce and and supervisi supervision on of students students in nursing nursing educati education on program unde undert rtak akin ing g nurs nursin ing g & heal health th manp manpo ower  wer  development training and research