nsg jursiprudence notes

8/2/2019 Nsg Jursiprudence Notes

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Nur 207: Nursing Jurisprudence and

Professional Adjustment

Lecturer: Ma. Nelia P. Silloriquez, M.A.N.

Nursing-is an art, a science, a social

science

An art: deals with skills and requires

dexterity and proficiency

A science: a systematic and well-defined

body of knowledge which utilizes scientific

methods and procedures and applies

nursing process as a framework of care

A social science: the primordial interest is

man, sick or well, in the context of life and

environment

Nursing (Nightingale & Henderson)- it is

the diagnosis and treatment of human

responses to actual or potential health

problems

Fundamental Responsibilities of Nursing:

[PPRA]

1. To promote health

2. To prevent illnesses

3. To restore health

4. To alleviate suffering

Characteristics of Nursing: [NICCI]

Nursing is caring

Involves close, personal contact with

recipient of care

Concerned with services

Committed without regard to color,

creed, social/economic status

Involves in ethical, legal, and political

issues in the delivery of health care

Nursing is a profession/occupation

Profession- is the ability to grow and

change as the world changes

Professional Adjustment- refers to the

growth of the individual and the

development of his/her physical, mental,

emotional, social, and spiritual capabilities

Nursing Law

lex- a set of rules established by a

governing power to:

Guide actions

Regulate conduct of the people

and impose sanctions for

violations or non-compliance

Tells us what we can do and

cannot do

Duralex sed lex- The law is

harsh/hard, but it is the law

We are a government of law, and not

of men

Branches of Law

Divine Law

Human Law

General/Public Law

International Law

Constitutional Law

Administrative Law

Criminal Law

Religious Law

Individual/Private Law

Civil Law

Mercantile Law

Procedural Law

7 Laws Directly Related to Nursing

[CCCLACC]

Constitutional Law

Criminal Law

Civil Law

Labor Law

Administrative Law

Civil Service Law

Case Law

Nursing Jursiprudence

juris and prudence-

application of the law


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-a branch of law which deals with

the study of nursing laws affecting

nursing practice

-knowledge of nursing law

Nursing Ethics

ethos- custom or particular

behavior

-the rules and standards governing

the conduct of a person or the

members of the profession:

medical ethics

Nursing as a profession

Profession- a calling in which

it members profess to have

acquired special knowledge by

training or experience so that they

may guide others in that special

field

3As Characteristics of Profession

Autonomy

Authority

Accountability

Criteria of a Profession ( A Flexner)

[UCEAFGDCAS]

Utilizes

in its

practice

a well-

defined

and

well-

organize

d body

of

knowled

ge

Constant

ly

enlarges

that

body of

knowled

ge andimpose

to

remain

current

Entrust

the

educatio

n of its

praction

er to IHE

Applies

the body

of

knowledge in

practical

services

Function

s

autonom

ously

(w/autho

rity) in

the

formulat

ion of

professi

onal

policy

and

monitori

ng of its

practice

Guided

by thecode of

ethics

Distingui

shed by

the

presenc

e of

special

culture,

norms

andvalues

common

among it

member

s

Clear

standard

of

educatio

nal

preparat

ion for

entry

and

practice

Attract

individu

als of


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intellect

ual and

personal

qualities

Strive to

compen

sate itspraction

ers by

providin

g

freedom

of

action,

professi

onal

growth

and

economi

c

security

Professional Nursing- practicing nursing

within the law singly or in collaboration

with another, initiates and performs

nursing services to the individuals,

families, or communities in any health

care setting )Philippine Act of 2002, RA

9173);

-a person who completed a basic nursing

educational program and is licensed in

his/her country to practice professional

nursing

Qualifications and Abilities of a

Professional Nurse

Professional Preparation

Personal Qualities and

Professional Proficiencies

Roles of a Professional Nurse:

Direct Caregiver

Client Advocate

Case Manager

Client/ Family Educator

License to Practice Nursing

License- a legal document given by the

government that permits a person to offer

to the public his/her skills and knowledge

in a particular jurisdiction, where such

practice would otherwise be unlawful

without a license.

Purpose:

Protect the health of the people by

establishing minimum standards

which qualified practitioners meet

Discourages certain persons who

may be tempted to misinterpretthemselves as nurses

Important tool for legal control and

enforcement of nursing practice

Used to gather data about nurses

and nursing on the country

Registration Requirement

Philippine Nursing Act of 1991, RA 7164-

the practice of nursing by any person is

prohibited without a certificate of

registration

Registration by Reciprocity- mutuality in

the grant and enjoyment of privileges

between persons or nations

Certification of Registration may be issued

without the examination to nurses

registered under the laws of foreign

country, provided that: (for non-

Filipinos/Asian/Foreigners)

Proof of Reciprocity. Reciprocity is

based on the principle of do ut des

(for a country to expect a favor from

another, it should be willing to give a

corresponding favor)

The applicant is a nurse registered

under the law of his/her state

country

The requirement for registration in aforeign country are substantially the same

as those prescribed by this act

The applicant has resided in the

Philippines for at least 3 consecutive years

as provided by RA 5181

Registration by Examination- dates and

places of the licensure examination-NLE

shall be given by the Board of Nursing not

earlier than one month but not later that

two months after closing of the semester

The Professional Regulation Commission

(PRC) pursuant to PD 657 has the power to

administer and conduct licensure exam in

the various Boards according to the rules

and regulations promulgated by it.


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PRC determines and fixes the place

and date of exam

The number of examinees must be

limited to 15,000 and on the first-

come fist-serve basis

Requirements for Examination:

1. Should be filed @ PRC ten days prior

to the first day of examination

2. Original transcript of records with

special order from CHED

3. For state colleges and universities,

original transcript of records with

picture and date of graduation

4. Record of actual RLE for the entire

BSN program duly signed by the

Chief Nurse

5. Actual number of operating room

scrubs, handled deliveries, assisted,

baby care duly signed.

6. Birth Certificate (SECPA)

7. Marriage Certificate

8. Alien Certificate of Naturalization

9. Clearance showing dismissal of case

from the court/prosecutor office if

any.

Citizenship Requirements

Doctrine of Nationality @ Birth

Jus soli doctrine- the nationality of the

person is determined by the law of the

place of birth

Jus sanguine doctrine- the nationality

of the person is determined by the law

of his descendent or parentage

Naturalization- is the act of adopting a

foreinger and giving him the privileges of

a natural citizen

Expatriation- giving up citizenship

Repatriation- getting citizenship back

Scope of Examination

Five Broad Areas:

Funadamentals of Nursing

MCN

CHN

Nursing of the Adolescents, Adults, andthe Aged

Mental Health and Psyche Nursing

Rating of the Examination (PNLE)

Passed: general average of at least 75% or

higher with rating not below 60% in any

subject

Conditioned: average rating of 75% or

higher but gets a rating below 60% in any

subject and must take the exam again

only in the subject where he/she is rated

below 60%

Failed: general average rating is < 75%

Renewal Examination

Shall be taken w/in 2 years after the last

failed examination

Reconsiderations of rating must be

entertained only on the grounds of

mechanical, clerical or clear error

Request must be filed in the PRC w/in 90

days from the date of the official release

of the exam results

Oath-taking

All successful examinees shall be requiredto take an oath of profession before the

Board/any government officials prior to

entering the nursing profession

Mass oath-taking is within 15 days upon

the release of the results

Renewal of License- license shall be

renewed every 3 years within the PRC

Legal Bases of Nursing Education,

Nursing Regulation and NursingPractice

Nursing Education

Article XIV, Sec. 1, 1987

Constitution- everyone has the

right to nursing education

RA 9173 (Oct. 21, 2002)

Philippine Nursing Act of 2002-

aims to provide professional

foundation for practice throughquality education (signed by

PGMA)

Mutual Recognition Agreement

on Nursing Services (MRANS)-

Filipino nurses have easier

access to the job markets of

ASEAN members


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RA 7164 (Philippine Nursing Act

of 1991)- the provision of the

upper 40% admission

requirement

o Passed 35 years after

the enactment of RA 887

o Approved by Pres.

C.C.Aquino

CHED Memo No. 30 [CMO]

o Updated policies and

standards for nursing

education

o Contains rules and

regulations for the

authorization to open orpermit to actually

operate nursing schools

1. Authorization to open

nursing SUC shall be based

on:

Written

recommendation of the

BON, PRC, NSAC

Approval of the CHED

2. Administration and Faculty

Nursing SUC must have a full

time Dean and Faculty

Members

Qualifications of

the Dean

a. Filipino Citizen

b. RN in the

Philippines

c. Masters in

Nursing

d. 5 years

tracking &

supervisory

experience

e. Members of

ADPCN and

accredited nursesassociation

Qualifications of

the Faculty Members

a. Filipino Citizen

b. RN in the Philippines

c. MA in major

field/allied subject

d. 3 years clinical

experience

e. Members of the

accredited national

association

Accreditation

and Sanctions

a. Nursing S/C are

required to undergo

accreditation process

within 5 years after

recognition

b. CHED is mandated to

order outright closure

of the nursing SUC if

its board performance

in 3 NLE within 5

years is 3% ad below,

gradual face out, if 4-

10%.

Curriculum

1967-77- implementation of BSN

Curriculum pursuant to DECs order No.

41, s. 1976 and the facing out of

Graduate Nursing(GN) program.

1993- Revised Nursing Curriculum that

intends to produce competency-based

and community-oriented nursing

graduate.

Competency-based: train and educate

nursing students to demonstrate desired

behavior when given opportunities to

practice such behavior.

Community-oriented: the client is I the

community promotion, prevention and

rehabilitation

2002-BSN Curriculum intends to produce

a full functioning critical thinking nurse.

Only S/C which have given level III

accreditation or SUCS are authorized to

make modifications or revisions in the

curriculum

CMO No. 9 (2002)- guidelines to be

followed in the admission of professionals

entering nursing program

CMO No. 4 (2009)- policies and standards

for BSN program


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o Purpose: rationalizing nursing

education in the country in order to

provide relevant and quality health

services locally and internationally

CMO No. 14, s. 2009

o

Objective: The BSN program aims toproduce fully functioning nurse who

is able to perform the competencies

under each key areas of

responsibility.

o Graduates of this program as

beginning practitioners may pursue

the ff. career paths but not limited

to:

1. Clinical Nursing

2. CHN

3. Occupation Health Nursing

4. Military Nursing

5. Entrepreneurship

6. Research

7. Private Duty Nurse

8. School Nursing

9. Health Education

Prescribed ratio of students to client:

Level III- 1:1 (1st sem) 1:1-2 (2nd sem)

Level IV- 1:2-3 (1st sem) 1:3-5 (2nd sem)

Faculty to student ratio

Level III- 1:8-10 (1st sem) 1:8-12 (2nd sem)

Level IV- 1:12-15 (1st sem and 2nd sem)

Nursing Review Centers

CHED Memo 13, s. 2006- prohibiting

HEIs from forcing their graduate and

graduating students to enroll in their own

review centers and/or review centers of

their preference

EO No. 556

Nursing Regulation

RA 9173 (Philippine Nursing Act of 2002)

o October 21, 2002- signed into

law by Pres. GMA

o Repeals RA 7164

o Prevailing law regulating

nursing practice in the

Philippines

6 Main Features of RA 9173

Organization of BON

Examination and Registration

Nursing Education

Nursing Pracice

Health Human Resource Production,

Utilization and Development

Renal and Miscellaneous Provisions

A. Professional Regulatory Board

of Nursing (PRBON)

The primary agency

responsible for the regulation

of the admission, regulation

and practice of the nursing

preofession

Composition: 1 chairpersonappointed by the president of

the Philippines (EO 496); 6

members

PRBON Qualifications

Citizen and resident of the RP

Member of accredited professional

organizational

RN and Masters degree in NursingEducation and other allied profession

10 years of continuous nursing

practice

No conviction of any offense

PRBON Term of Office

3 years until their successive are

appointed and qualified; oath of

office prior to performance of duties

PRBON Powers and Function

Conduct the licensure exam for

nurses

Issues and suspends or revoke

certificates of registration for the

practice of nursing


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PRBON MUST KNOW!

PRC has the power to order a re-take

or re-conduct of NLE

To become a licensed nurse is a

privilege not a right, thus requires

strict observance of the law

The government regulate the

licensure (RA 8981), after due

process, to suspend, revoke,

reinstate or reissue certificate of

registration

No person shall be deprived of life,

liberty or property without due

process of law 1987 Constitution

Due process requires notice andhearing

Requirements for the issuance of Certificate

of Registration

Passing the NLE

Taking the oath

Payment of prescribed fees

Requirements before a nurse can

practice nursing in Philippines

PRBON: Monitoring and Enforcing

Quality Standards

Conduct ocular inspections of various

health agencies

Mandate: Monitor condition affecting

the practice of the profession and

maintenance of high professional,

ethical, and technical standards

Standards and Guidelines of NursingPractice

1. Standard of Safe Management NursingPractice (SSNP)2. Competency Standard for NursingPractice

3. Standard for Specialty CertificationProgram4. SSNP on Internal Exam and Suturing onPerineal Laceration5. Nursing Standard on IV Practice(renewable every 3 years)6. Ensuring Quality Nursing Education-examines S/C for those seeking permission

to open nursing courses to ensure thatstandard care are complied. CHED has theauthority to close nursing S/C.7. Conduct hearing and investigations-resolve complaints against NP for unethicaland unprofessional conduct and violation;issue subpoena ad testificandum (appearand testify if necessary); subpoena ducestecum (produces documentary evidence)8. Promulgated the code of ethics- twoimportant standards of ethical conduct thatFilipino nurses should know:

Code of Ethics for Nurses (2004)

o 1982-formulation of the 1stcode of ethics for Filipinonurses

o July 14, 2004- promulgation of

the new Code of Ethics forNurses by the PRBON

o Important feature: adaptation

of the Code of GoodGovernance & Recognition ofPatients Bill of Rights

International Council Nurse Code ofEthics (2006)

9. Recognize nursing specialty organization

Philippine Nurses Association(Filipino Nurses Association)-accredited as the biggest and theearliest nursing professionalorganization

o Formed in 1992 in a meeting

held in the nurses dorm ofPGH, presided by Ms.Anastacia Giron Tupas

o Last week of October-

Nurses Week declarationmade by President CarlosGarcia (1955)

First organization to be joined afterpassing the PNLE & Oathtaking-WVSU Alumni

First professional organization to bejoined after passing the PNLE &Oathtaking- PNA

10. Recognize nursing specialtyorganization:

1 ANSAP- Association of NursingService Administrators of thePhilippines

2 APDNP- Association of Private DutyNurses of the Philippines

3 CCRN- Critical Care RegisteredNurses

4 MCNAP-Maternal and Child NursingAssociation of the Philippines

5 MNAP- Military Nursing Association ofthe Philippines

6 RNAP- Renal Nursing Association ofthe Philippines

7 PONA- Philippine Oncologic NursingAssociation


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8 ORNAP- Operating Room NursesAssociation of the Philippines

Nursing Law- the boundaries in which a nurse canpractice

Law- The sum total of rules and regulation

by which the society is governed- A rule of conduct pronounced by

controlling authority which may beenforced

- Laws are part in place to assure thatbehavior that could threaten publicsafety is controlled

Three Essential Characteristics:1. Authority or the right to declare that the

rule exists2. Such rule is pronounced or expressed andthat source can be identified.3. A right to enforce the same must beprovided.

Source of Law

Nurses and Criminal Liability

Liability

an obligation/debt that can beenforced by law

payment for damages to the otherperson

actual cost of care, legal services,loss of earnings (present/future),compensation for emotional andphysical stress suffered; legallydetermined by the court

Crime

Acts contrary to the law or statute

Wrongs committed against the state

Punishable by the state and usuallydemonstrate that intent was present

Criminal LiabilityCan be incur either by committing a felonyor by performing an act which would be anoffense against a person or property

Ignorance of the law is not an excuse forfailure to comply therewith

Elements of Deliberate Intent(without which there can be no crime)

1. Freedom- a person who acts withoutfreedom cannot act with deliberation.

The law exempts from criminal liabilityany person who commits an unlawfulact under the compulsion of anirresistible force2. Intelligence- a person is incapable ofdistinguishing what act is good or badand what act is right or wrong

Types of Liability:1. Personal Liability - an educatedprofessional is always liable, usetherefore your education to make asound judgment

2. Employer Liability- they areresponsible for the torts or crimecommitted by their employees underRespondeat Superior Doctrine

3. Supervisory- supervision shouldexercise sound judgment. Threeimportant tasks: supervision,delegation, direction

Classes of Felonies (According to the Degreeof Act)

1. Consummated- when all the elementnecessary for its execution andaccomplishments are presented

2. Frustrated- when the offenderperforms the action of executionwhich would produce the felony as aconsequence but which do notproduce it by reasons of causes not


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related to the will of the perpetuator( a person who committed an evildeed)

3. Conspiracy to commit a crime:A crime can be committed:

Conspiracy- exists when twoor more persons concur to anagreement concerning the

commission of a felony anddecide to commit it.

Proposal- when the personwho has decided to commit afelony propses its executionto some other person orpersons

Classification of Persons Criminally Liable toFelonies:

1. Principals

Take a direct part in the execution of

the act Those who directly force or induce

others to commit; those whocooperate in the commission of theoffense by another act without thecrime would not have beenaccomplished

2. Accomplices

Known as accessible beforethe fact/ accessories before the fact

Persons who not beingprincipals by direct anticipation,inducement or cooperation throughanother act essential to theconsummation of the crime

3. Accessories- Known as accessories after the fact- Those having knowledge of the

commission of the crime and withouthaving participated either asprincipals of accomplices of the thingtake part subsequent to itscommission

- One can be accessory:- By profiting themselves or assisting

the offender to profit by the effects

of the crime- By concealing or destroying the body

of the crime or the effects orinstruments to prevent its discovery

- By harboring, concealing or assistingin the escape of the principal crime

-CIRCUMSTANCES AFFECTING CRIMINALLIABILITY

Justifying circumstancesMitigating circumstancesAggravating circumstances

Alternative circumstances

Justifying Circumstances

Self defenseDefense of spouse, relative or strangerAccidentFulfillment of dutyObedience to an order issued by superior forsome Lawful purpose

The Law Exempts from criminal liability thefollowing:

Imbecile or insane person (unless he actedduring the lucid intervals)

Person under nine years of age

A person over nine years and under fifteen(unless acted with discernment/keenness ofinsight or understanding)

Injury by mere accident without fault orintention of causing it

Person who acts under impulses of anuncontrollable fear of an equal or greaterinjury

Person who fails to perform an act required

by law, when prevented by some lawful orinsuperable causeMitigating Circumstances

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