Professional and Personal Development: Ethics

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PROFESSIONAL AND PERSONAL DEVELOPMENT

ETHICS
– came from greek work “ethos” (moral duty)
– Standard to examine and understand moral life.
Nursing Ethics:
– The branch of science which treats of the duties of a member of the nursing profession
towards her co-professional nurses, to her profession and other professions, to her co-
workers and other members of the health team, to her clients and patients, and to
the public in general.
– It refers to the conduct or behavior of nursing practitioners which by reason of public
approval or practices of the group has become customary among professional nurses.
Other definition:
– It is a system of principles governing the conduct of Nurses. It deals with the relationship of
the Nurse and patient, the patient’s family, his associates and fellow nurses and the society
at large.
JUST A QUICK REVIEW!
UNIVERAL PRINCIPLES OF BIOMEDICAL ETHICS
 AUTONOMY – promotes self-determination and freedom to choose, informed consent.
 VERACITY – telling the truth
 BENEFICENCE – “to do good”; refers to actions that benefits others based on the
Hippocratic Oath “ to apply measures to benefit the sick”.
 NON-MALEFISCENCE –  this principle imposes the duty to avoid harming the patient
based on the Hippocratic Oath of  “do no harm”.
 PATERNALISM – one individual assumes the right to make decisions for another.
 JUSTICE – right to demand to be treated justly, fairly, and equally.
 CONFIDENTIALITY – keeping privileged information private.
 FIDELITY – Keeping one’s word of honor; loyalty to commitments and oaths; reliability
 PRINCIPLE OF DOUBLE-EFFECT – An action that is good in itself that has two effects –
an intended and otherwise not reasonably attainable good effect, and an unintended yet
foreseen evil effect – is licit, provided there is a due proportion between the intended good
and the permitted evil.
CODE OF ETHICS FOR NURSES
 The Code of Ethics for Filipino Nurses was made after a consultation on October 23, 2013 at
Iloilo City after accredited professional organization - the Philippine Nurses Association, Inc.
(PNA) decided to adopt a new Code of Ethics under the RA 9173.
 The Board of Nursing (BON) has the power to promulgate a Code of Ethics for Registered
Nurses in coordination and consultation with the accredited professional organization (Sec.
9, (g), Art III of (Republic Act) No. 9173, known as the “Philippine Nursing Act of 2002);
 Important Provisions:
1. Health is a fundamental right of every individual.
2. The Filipino registered nurse primary responsibility is to preserve health at all cost which
encompasses promotion of health, prevention of illness, alleviation of suffering, and
restoration of health. (Article 1; Section 1)
3. The desire for the respect and confidence of clientele, colleagues, co-workers, and the
members of the community provides the incentive to attain and maintain the highest
possible degree of ethical conduct (section 3)
4. Values, customs, and spiritual beliefs held by individuals shall be respected; individual
freedom to make rational and unconstrained decisions shall be respected; personal
information acquired in the process of giving nursing care shall be held in strict confidence.
(Article II, section 4)
5. Registered nurses must know the definition and scope of nursing practice which are in the
provisions of R. A. No. 9173, known as the “Philippine Nursing Act of 2002” and Board
Res. No. 425, Series of 2003, the “Rules and Regulations Implementing the ; Philippine
Nursing Act. of 2002”, (the IRR); be aware of their duties and responsibilities in the
practice of their profession. (Article III, section 7)
6. Registered nurses must see to it that quality nursing care and practice meet the optimum
standard of safe nursing practice. (Article III, section 7)
7. Registered Nurses must ensure that patients’ records shall be available only if they are to
be issued to those who are professionally and directly involved in their care and when they
are required by law. (Article III, section 7)
8. Registered Nurses are the advocates of the patients: they shall take appropriate steps to
safeguard their rights and privileges. This implies that nurses must respect the “Patients’
Bill of Rights” in the delivery of nursing care. (Article III, section 8).
9. RNs must provide the patients or their families with all pertinent information except those
which may be deemed harmful to their well-being (Article III, section 8).
10. RNs must uphold the patients’ rights when conflict arises regarding management of their
care Article III, section 8).
11. RNs must perform their professional duties in conformity with existing laws, rules
regulations, measures, and generally accepted principles of moral conduct and proper
decorum (Article III section 10)
12. RNs must not allow themselves to be used in advertisement that should demean the image
of the profession (i.e. indecent exposure, violation of dress code, seductive behavior, etc.)
(Article III section 10).
13. RNs must decline any gift, favor or hospitality which might be interpreted as capitalizing on
patients (Article III section 10).
14. RNs must not demand and receive any commission, fee or emolument for recommending
or referring a patient to a physician, a co-nurse or another health care worker; not to pay
any commission, fee or other compensations to the one referring or recommending a
patient to them for nursing care.
15. RNs must avoid any abuse of the privilege relationship which exists with patients and of
the privilege access allowed to their property, residence or workplace.
16. RNs must maintain their professional role/identity while working with other members of
the health team conform with group activities as those of a health team should be based
on acceptable, ethico-legal standards; contribute to the professional growth and
development of other members of the health team; actively participate in professional
organizations; not act in any manner prejudicial to other professions; honor and safeguard
the reputation and dignity of the members of nursing and other professions; refrain from
making unfair and unwarranted comments or criticisms on their competence, conduct, and
procedures; or not do anything that will bring discredit to a colleague and to any member
of other professions; respect the rights of their co-workers.  (Article IV section 12).
17. RNs must be conscious of their obligations as citizens and, as such, be involved in
community concerns; be equipped with knowledge of health resources within the
community, and take roles in primary health care; project an image that will uplift the
nursing profession at all times (Article V, section 14).
18. Maintenance of loyalty to the nursing profession and preservation of its integrity are ideal;
Compliance with the by-laws of the accredited professional organization (PNA), and other
professional organizations of which the Registered Nurse is a member is a lofty duty
(Article VI Section 15).
19. RNs must be members of the Accredited Professional Organization (PNA); strictly adhere
to the nursing standards. PRC-BN– section 16.

 International Council of Nursing (ICN) Code of Ethics for Nurses


– An international code of ethics for nurses was first adopted by the International Council
of Nurses (ICN) in 1953. It has been revised and reaffirmed at various times since, most
recently with this review and revision completed in 2012.
– Nurses have four fundamental responsibilities: to promote health, to prevent illness, to
restore health and to alleviate suffering. The need for nursing is universal. Inherent in
nursing is a respect for human rights, including cultural rights, the right to life and
choice, to dignity and to be treated with respect. Nursing care is respectful of and
unrestricted by considerations of age, color, creed, culture, disability or illness, gender,
sexual orientation, nationality, politics, race or social status. Nurses render health
services to the individual, the family and the community and coordinate their services
with those of related groups.
 THE ICN CODE
The ICN Code of Ethics for Nurses has four principal elements that outline the standards of
ethical conduct.
 ELEMENTS OF THE CODE:
1. Nurses and people
 The nurse’s primary professional responsibility is to people requiring nursing care.
 In providing care, the nurse promotes an environment in which the human rights,
values, customs and spiritual beliefs of the individual, family and community are
respected.
 The nurse ensures that the individual receives accurate, sufficient and timely information
in a culturally appropriate manner on which to base consent for care and related
treatment.
 The nurse holds in confidence personal information and uses judgement in sharing this
information.
The nurse shares with society the responsibility for initiating and supporting action to
meet the health and social needs of the public, in particular those of vulnerable
populations.
 The nurse advocates for equity and social justice in resource allocation, access to health
care and other social and economic services.
 The nurse demonstrates professional values such as respectfulness, responsiveness,
compassion, trustworthiness and integrity.
2. Nurses and practice
 The nurse carries personal responsibility and accountability for nursing practice, and for
maintaining competence by continual learning.
 The nurse maintains a standard of personal health such that the ability to provide care is
not compromised.
 The nurse uses judgment regarding individual competence when accepting and
delegating responsibility.
 The nurse at all times maintains standards of personal conduct which reflect well on the
profession and enhance its image and public confidence.
 The nurse, in providing care, ensures that use of technology and scientific advances are
compatible with the safety, dignity and rights of people.
 The nurse strives to foster and maintain a practice culture promoting ethical behavior
and open dialogue.
3. Nurses and the profession
 The nurse assumes the major role in determining and implementing acceptable
standards of clinical nursing practice, management, research and education.
 The nurse is active in developing a core of research-based professional knowledge that
supports evidence-based practice. The nurse is active in developing and sustaining a
core of professional values. The nurse, acting through the professional organization,
participates in creating a positive practice environment and maintaining safe, equitable
social and economic working conditions in nursing. 3 The nurse practices to sustain and
protect the natural environment and is aware of its consequences on health. The nurse
contributes to an ethical organizational environment and challenges unethical practices
and settings.
4. Nurses and co-workers
 The nurse sustains a collaborative and respectful relationship with co-workers in nursing
and other fields.
 The nurse takes appropriate action to safeguard individuals, families and communities
when their health is endangered by a co-worker or any other person.
 The nurse takes appropriate action to support and guide co-workers to advance ethical
conduct.
THE LEGAL ASPECTS OF NURSING
LAW, its definition:
– “a rule of civil conduct prescribed by the supreme power in a state, commanding what is
right and prohibiting what is wrong.”
General Classifications of LAW
 DIVINE LAW – authored by God
 HUMAN LAW – authored by man.

I. PUBLIC LAW – branch of law which is concerned with the state in its political or sovereign
capacity.
1. Criminal law  – branch of jurisprudence which treats of the nature, extent, and degrees of
every crime, and adjusts to “it” its adequate and necessary penalty.
2. International Law  – the law of nations which regulates the intercourse of nations
a. Public international law  – body of rules which control the conduct of independent
states in relations with each other.
b. Private international law or conflict of laws  – part of each state which determines
whether, in dealing with a legal situation, the law of some other state will be recognized,
be given effect, or be applied.
3. Political Law – branch of jurisprudence which treats of the science of politics (the science
of government) or the organization and administration of government.
– Defines the organization and operation of the governmental organs of the State,
and regulates the relation between the state and the individuals that compose it.
a. Constitutional Law  – department of law which treats of constitutions, their
establishment, construction, and interpretation, and of the validity of legal enactments
as tested by the criterion of conformity to the fundamental law.
b. Administrative Law  – part of the law which fixes the organization and determines
the competence of the authorities which execute the law, and indicates to the individual
the remedies for the violation of his rights.
c. Law of Public Administration  – branch of political law which deals with the
organization and management of the different branches of the government.
d. Law of Public Corporations  – branch of political law which deals with public
corporations
a. Public corporation – created for public or governmental purposes (ex. Municipal
corporations)
II. PRIVATE LAW – a term used to indicate a statute which relates to private matters  that do
not concern the public at large
1. CIVIL Law  – branch of the law which has the double purpose of organizing the family and
regulating property.
2. COMMERCIAL Law  – branch of the law which relates to the rights of property and
the relations of persons engaged in commerce.
3. REMEDIAL Law – branch of the law which prescribes methods of enforcing rights or
of obtaining redress (remedy or compensation for a wrong or grievance) for their invasion.
i. In law, remedy is the means employed to enforce a right or redress an
injury.
What is a BILL?
– A draft of Law submitted for the consideration of a legislative body for its adoption.
What is an ENROLLED BILL?
– An already printed bill as finally approved by the Congress, thereafter authenticated with
the signatures of the Senate President, the Speaker and the Secretaries of their
respective chambers and approved by the President.
How Does A Bill Become A Law?
1. A bill is introduced by any member of the House of the Representatives or the Senate
except for some measures that must originate only from the former chamber;
2. The First Reading involves a reading of the number and title of the measure and its
referral by the Senate President or the Speaker to the proper committee for study;
3. The bill may be “killed” in the committee or it may be recommended for approval, with
or without amendments, sometimes after public hearings are first held thereon. If there
are other bills of the same nature or purpose, they may all be consolidated into the bill
under common authorship or as a committee bill;
4. Once reported out, the bill shall be calendared for Second Reading. It is at this stage
that the bill is read in its entirety, scrutinized, debated upon and amended when
desired;
5. The bill as approved on the Second Reading   is printed its final form and copies thereof
are distributed at least three (3) days before the third reading. On the Third Reading,
the members merely register their votes and explain them if they are allowed by the
rules.  Here, no further debate is allowed;
6. Once the bill passes Third Reading, it is sent to the other chamber where it will also
undergo the three (3) readings. If there are differences between the versions approved
by the two chambers, a conference committee representing both Houses will draft a
compromised measure  that if ratified  by the Senate  and the House of Representatives
will then be submitted  to the President for his consideration; and
7. The bill is enrolled when printed as finally approved by the Congress, thereafter
authenticated with the signatures of the Senate President, the Speaker and the
Secretaries of their respective chambers and approved by the President.
When Does A Bill Become A Law?
 When the President approves the bill passed by the Congress.
 When two-thirds votes of all the members of each House repassed the bill over the veto
(a constitutional right to reject a decision or proposal made by a law-making body of the
President.
 If the President does not communicate his veto to any bill to the House where it
originated within thirty days after the date of receipt hereof.
LEGAL RIGHT
– Right in civil society, defined to mean that which a man is entitled to have, or to do, or
to receive from others within the limits prescribed by law.
– In a juristic sense, it is a capacity residing in one man of controlling, with the assent
(approval) and assistance of the state, the action of others.
– By legal right is meant that right to which the state gives its sanction (approval); it is a
claim which can be enforced by legal means against the persons or the community
whose duty is to respect it.

COURT OF JUSTICE
Court – body in the government to which the public administration of justice is delegated.
– it is a place where justice is judicially (legally) administered
 Court of Law  in a wide sense, is any duly constituted tribunal (court of justice)
administering the laws of the state or nation.
 Court of equity  is a court which administers justice and decides controversies in
accordance with the rules, principles, and precedents of equity.
 Competent court  – court having lawful jurisdiction (the official power to make legal
decisions and judgments.)synonym:authority
PURPOSE
 To provide the forum for place where people who have disputes may get them
authoritatively settled by an outsider who is not personally concerned in the outcome of
the dispute
 To provide a place where persons accused of offenses against society as a whole may
have their guilt or innocence ascertained (find out for certain)

JURISDICTION AND VENUE


Jurisdiction – the authority to hear and decide a legal controversy,  it is the authority by which
judicial officers take cognizance (knowledge) of and decide cases.
– Is the power or authority to hear and determine a cause.
Jurisdiction as applied to the faculty of exercising judicial power, mar refer to the authority of
the court to entertain a particular kind of action or to administer a particular kind of relief, or it
may refer to the power of the court over the parties or over the property which is the subject of
litigation.
VENUE  – is the place where both party to a suit may require the case to be tried, and to the
convenience of the parties, it also relates to the proper place where the power to adjudicate
may be exercised.
– It does not connote jurisdiction but the locality or place where the suit should be heard.
The difference between the jurisdiction and venue:
Jurisdiction – refers to the inherent power of the court to decide a case
Venue – relates to the particular district or city in which a court having such jurisdiction may
properly hear and determine the case.
LEGAL REMEDIES
Remedy  – is the means employed to enforce a right or redress an injury
 Ordinary remedy – an ordinary action or suit in a court of justice, by which one party
prosecutes another for the enforcement or protection of a right, or the prevention or
redress of a wrong; every other remedy is a special proceeding.
 Extraordinary remedy – one afforded by law other than the ordinary remedy by action.
– An extraordinary remedy is not granted where there is an adequate remedy in the
ordinary course of law.
 Provisional remedy -  a remedy which is provided for present need or for the immediate
occasion, that is, one adapted to meet a particular exigency (situation demanding prompt
action or remedy; it is a temporary process which secures (protects) the plaintiff in a civil
action against loss or irreparable injury while the action is pending.

SERVICE OF PROCESS
 Process – in law practice, is generally defined as the means of compelling the defendant in
an action to appear in court, it is a means whereby a court compels the appearance of a
defendant before it or a compliance with its demands.
 Service of process - is the giving to a defendant of that notice which makes him a party
to the proceeding and makes it incumbent on him to appear and answer to the cause (suit) ,
or run the risk of having a valid judgment rendered against him in consequence of his
default.
 Process more commonly served:
 Warrant - writing from a competent authority in pursuance of law, directing the doing of
an act, and addressed to an officer or person competent to do the act, and affording him
protection from damages, if he does it.
 Search warrant – is an order in writing, in the name of the people or the State, signed by
a magistrate (public officer), and directed to a peace officer, commanding him to search for
personal property and bring it before the magistrate.
 Summons – is the name of a writ commanding the sheriff or other authorized officer to
notify a party to appear in court to answer a complaint made against him, and in said writ
specified, on a day therein mentioned.
 Subpoena – is the process by which the attendance of a witness, it is a writ or order
directed to a person requiring his attendance at a particular time and place to testify as a
witness.
 Subpoena duces tecum – is a subpoena which does not only compel the personal
attendance of a witness in court but also requires such witness to bring with him and
produce to the court, books, papers, and the like, which may be in his hands or possession
and which tend to elucidate the matter in issue. 

DAMAGE AND DAMAGES


 Damage – a loss, injury or harm caused to one’s person, property, or rights by the
negligence, design (plan), accident or wrongful act or omission of another.
 Damages – refers to a sum of money which the law awards to a person to compensate
him for his loss, injury, or harm cause by the negligence, design (plan), accident, or
wrongful act or omission of another.
 In short, damage is a loss, injury or harm; damages is the monetary compensation for such
loss, injury or harm

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