Professional and Personal Development: Ethics
Professional and Personal Development: Ethics
Professional and Personal Development: Ethics
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.
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)
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.