ENTRPRENEURIAL NURSING

DEFINITION OF TERMS:

Entrepreneur (from the French word "entreprendre", which means "to undertake") is a person who
assumes the responsibility and risk for discovering or creating unique opportunities to use personal
talents, skills and energy, and who employs a strategic planning process to transfer that opportunity into
a marketable service or product (Vogel & Doleysh 1988). Assuming risk is a fundamental aspect of
entrepreneurship.

Nurse entrepreneur providing nursing service is: "A proprietor of a business that offers nursing services
of a direct care, educational, research, administrative or consultative nature. The self-employed nurse is
directly accountable to the client, to whom, or on behalf of whom, nursing services are provided"
(RNABC 1990).

"Entrepreneurship is neither a science nor an art, but rather a practice. It has a knowledge base, which is
a means to an end, the end being the creation of something new – an innovation" (Manion 1990).

Nurse entrepreneurs: attitudes and characteristics

Nurses contemplating a new venture will begin by conducting a thorough assessment of their motives
and their capacity to handle the demands of the enterprise they have in mind.

For a nurse entrepreneur who wants to start her own business or private practice, the advantages and
disadvantages of owning a business should be carefully considered.

Advantages: ‘Being your own boss’ is liberating, exciting, rewarding, motivating and empowering.

Disadvantages: necessary to work long hours, assume multiple roles, risk uncertain income, and
negotiate continually with others as providers or receivers of services.

Entrepreneurs need to be motivated and disciplined as well as very organized. Most have a good
measure of self-confidence, a strong self-image and a need for achievement. It is important for the
nurse entrepreneur to display integrity, reliability, patience and enthusiasm to earn the respect of
business and professional colleagues, as well as that of financial partners and the target clientele.

Schulmeister (1999) recommends that nurses examine their goals and resources and answer several
important questions:

• Why does starting a business interest me?

• What are my clinical strengths?

• What are my personal strengths and weaknesses?

• How well do I cope with uncertainty?

• How essential is a steady income?

• Do I have necessary financial, emotional and physical reserves?

• Do I have the support of those closest to me?

• Do I have the time and energy required to get the business started?

• What sacrifices am I willing to make to pursue this activity?

This type of honest self-examination will provide a clearer understanding of one’s motives and
determination, as well as the demands that starting a business will make on the nurse and her
resources.

Roles and services

The nurse entrepreneur can assume a multitude of roles directly linked with the professional and
business aspects of a practice

OPPORTUNITIES

Nurses have many opportunities to establish consultancies within the health system or as an outside
consultant. Nurse entrepreneurs could establish consultancy businesses focusing on:

• Care – for example, managing the geriatric patient in the community; chronic disease management;
provision of gynecological services; home-based programmes for pediatric patients with chronic
diseases; community-based care for post-operative orthopedic patients; community day care centers for
children, or for patients with Alzheimer’s disease; management of pre-natal care for high-risk maternity
patients; medical travel services.

• Research – for example, data gathering for establishing the link between improved patient outcomes
and nurse staffing levels.

• Programmes to develop the skills and knowledge of other nurses/health care workers – for example,
use of high tech equipment for critically ill patients; comprehensive wound management educational
programmes; promulgation of specific, effective models of patient care delivery; continuing nursing
education; health policy for health care professionals; planning for disaster care.

• Teaching patients/clients and their families – for example, self-management of diabetes; maintaining
nutrition in HIV/AIDS patients; wellness programmes for groups of workers in any industry; obesity
reduction programmes; lactation and new mother classes; CPR training.

• Programme management – for example, techniques for effectively managing a multicultural staff;
methodologies for improving nurse retention in the workplace; organisational assessments of health
system departments and institutions; political action to promote changes in the health care system;
development of mechanisms to recruit more people into nursing; implementation of occupational
health and safety regulations; integration of nursing education programmes into university systems.

Building a business

A business plan helps the entrepreneur focus on what is necessary to be accomplished in starting the
business, and it acts as a blueprint in monitoring progress on activities.

A business plan is usually required by banks, financial institutions and private investors in order for them
to provide financial support. It demonstrates to them that the entrepreneur knows what is essential to
start a business and has done the preparation and planning required.

The procedures of researching and preparing a plan would compare to the Nursing Process elements of
Assessment and Planning, and the Evaluation element would consist of the review of accomplishments
or problems after implementation.

Business description

Also called a company description, your business description summarizes what your company does, its
purpose, and what makes it unique.

1. Who?

Who are you? Who is your business? Verify that the name of your business is clear in the business
description section of your business plan. And, include your name (and the names of any other owners)
because lenders and investors want to know the entrepreneur behind the business.
Who is your target customer? Who are you selling to? When describing your business, make sure you
know who you appeal to. If you don’t know your target customer, there’s a chance that nobody will be
interested in your business.

2. What?

What is your product or service? If lenders and investors can’t understand what you’re selling or how it’s
significant, they may pass on your concept. Be clear, narrow, and focused when telling lenders and
investors about your business.

What are your goals for your business? Set realistic short-term and long-term goals.

3. Where?

Where is your business located? If you are currently operating your business, list the address. Likewise,
make sure you state where you want your business to be if you are still looking for office space.

4. When?

When will you implement your business plan and see results? Include when you want to open your
business (or when you opened it).

When do you plan on achieving your goals? Also, talk about the timeline for your main goals (both short-
term and long-term).

5. Why?

Why would potential customers want to buy from you? Explain why you are different from the
competition. This is where you can describe your business’s originality. Lenders and investors want to
know why consumers would want to make a purchase at your small business instead of a competitor’s.

Why are you in business? Also make sure you include your business’s mission statement. A mission
statement defines why you’re in business and what your goals are.

6. How?

How are you going to structure your business? Which business structure will you form: sole
proprietorship, LLC, partnership, or corporation? Explain your structure decision, too.

How are you going to achieve the goals you set for your business? Are you going to hire employees to
help you, or will you handle all responsibilities on your own? Talk about what steps you’ll take to reach
the goals you outline.

How do you picture your company in the future? Include your business’s vision statement in your
company description. A vision statement is an internal description that states what you want your
business to look like in the future.
Marketing: Public relations and Advertising

Defining the service or product to be sold is an essential element of business success. Potential patients
or clients need to have a clear understanding of what is being offered.

An essential step for assuring success in any business venture involves a clear identification of the target
market – the users of the service or product – and whether that market will be able to sustain the
business in the long run.

Sales Strategies

 Business cards
 Word of mouth advertising
 Networking
 Brochures or flyers
 Web sites

Financial Plan

Includes how much money is needed and a repayment schedule for money that may have been
borrowed.

FORMAT OF A BUSINESS PLAN (FA #3)

I. Executive Summary

a. Problem

b. Solution

c. Market

d. Resident/Patient’s needs

e. Family’s needs

f. Competitions

g. Why select us?

II. Company description

III. Products and services

IV. Market analysis

a. Problem and solutions

b. Target market

c. Competition
V. Strategy and Implementation

a. Marketing and Sales Plan

b. Operations

c. Technology

d. Milestones

VI. Organizational and Management Team

VII. Financial plan and Projections

Institute of Nursing
A.Y 2020 – 2021 1st Semester

Concept: Nursing Jurisprudence

(Part 1)

I. HISTORY OF NURSING LAW

Republic Act No. 2493

 An act to amend Act No. 310 known as the “Medical Law” to regulate the practice of
medicine in the Philippines.
 Provided for the examination and registration of nurses.
 Nurses must apply for registration to the Director of Health
 Requirements:

 Good moral character

 Good health
 21 years old

Republic Act No. 2808

 First “True Nursing Law” of 1919

 An act regulating the practice of nursing profession in the Philippines
 Created the board of examiners composed of 3 members
  Examination date on the 2nd Monday of June and December
 1920: First Nursing Board Examination was given.

Republic Act No. 3025

 Enacted in 1922 wherein this policy is entitled: “An Act Regulating the Practice of
Nursing Profession in the Philippine Island, which necessitates all nurses who are
practicing the profession to register yearly.
 Amplification of the definition of the nursing profession
 Granting the registered nurses from the United States the privilege of registering as
nurses without exams
 Changed the exam date on 2nd Monday of April and October.

Republic Act No. 4007

 Reorganization Law of 1932

 Conduct of examination was placed under the direct supervision of Bureau of Civil
Service
 Change of jurisdiction over the Board of Examiner under the Department of Public
Instruction.

Executive Order No. 317

 Enacted in 1941
 Pursuant to Commonwealth Act 430, transfer of jurisdiction of the Board to the
Department of Health and Public Welfare

Republic Act No. 877

 Known as the “Nursing Practice Law” approved on June 19, 1953

Republic Act No. 546

 Enacted in 1953 where there was an organization of the Board of Examiners of

Nurses
 Provisions regarding nursing schools and colleges, examinations, registration of
nurses including various provisions relative to the practice of nursing were enacted.
 Two important sections pertained to the need for registration as nurse before
anyone could practice nursing in the country:

 No person shall practice or offer to practice nursing in the Philippines as

defined in the Act, without holding a valid certificate of registration as nurse
issued by the Board of Examiners for Nurses.
 Not only prohibit the practice of nursing without a certificate of registration
issued by the Board of Nursing but also provides the penalty for doing so.
Republic Act No. 4704

 Enacted in 1966
 Amended certain portions of Republic Act No. 877
 The membership of the Board of Examiners for nurses was increased from 3 to 5
members.
 Members of the Board were to be appointed by the President of the Philippines with
the consent of the Commission on Appointment and no longer upon the
recommendation of the Commission of Civil Service.
 The requisite academic degree for members of the Board was a master’s degree
instead of Baccalaureate Degree in Nursing.
 No person was eligible for membership in the Board if he/she was over 65 years of
age.
 The academic qualification for Dean, Directors and Principals of colleges and schools
of nursing was raised to that of master’s degree in Nursing.
 The minimum age required of applicants for admission to the nurse’s examination
was lowered from 21 to 18 years of age, but no candidate who passed the
examination was permitted to practice the profession until he/she reached the age
of 21.

Republic Act No. 6136

 Enacted in 1970
 The application and execution of legal orders in writing of physicians concerning
treatments and medications including the application of hypodermic and
intramuscular injection; provided that intravenous and other injection may be
administered under the direction and in the presence of the said physician.

Republic Act No. 7164

 Known as the ‘Philippine Nursing Act of 1991”

 Redefinition of the scope of nursing practice to emphasize:

 The use of nursing process as a scientific discipline in arriving at an

appropriate nursing action and care.
 The teaching, management, leadership and decision-making roles of the
nurse
 The undertaking of and participation in studies and research by nurses.

 Requiring a faculty member who was appointed to the Board of Nursing to resign
from his/her teaching position at the time of appointment and not one year
preceding his/her appointment as provided in Republic Act 877.
 Updating a faculty’s educational qualification by requiring a master’s degree in
Nursing or related fields or its equivalent in terms of experience and specification as
pre-requisite to teaching.
  Specifications of qualifications of administrators of nursing services.
 Inclusion of the phrase “unethical conduct” as one of the reasons for revocation and
suspension of certificate of registration.

Republic Act No. 9173

 Known as the “Philippine Nursing Act of 2002”

 The Board is now composed of a chairman and 6 members instead of a Chairman
and 4 members.
 Submission of names of qualified nominees by the Accredited Professional
Organization (APO) to the Commission, three (3) nominees per vacancy, not later
than three months before the vacancy.
 The Commission submits to the Office of the President two (2) nominees per
vacancy not later than two months before the vacancy occurs. The appointment
must be issued not later than thirty (30) days before scheduled licensure
examination.
 Qualifications of the Board Members:

 Educational requirement for members of the Board is not limited to

registered nurses with master’s Degrees in education, or other allied
medical profession provided that the Chairperson and majority of the
members are holders of a master’s degree in nursing.
 Of the ten years of continuous practice of the profession prior to the
appointment, the last five (5) years must be in the Philippines.

 Added to the Powers and Duties of the Board:

 Adopt and regulate a Code of Ethics and Code of Technical Standards for
the practice of nursing within one year from the effectivity of this act.
 Recognize specialty organization in coordination with accredited
professional organization.

 Licensure Examination and Registration:

 Specific age of applicants has been deleted.

 Specific dates of examinations have been deleted.

 Specific dates of examination: Not earlier than one (1) month and not later than 2
months after the closing of each semestral term.
 Ratings:

 Specific number of times an examinee may take the licensure examination

has been deleted.
 Added:
 o Removal examination shall be taken within two (2) years after the
last failed examination.

 Revocation and Suspension of Certificate of Registration

 Added:
o Implementing rules and regulations, code of ethics, code of technical
standards, for nursing practice and policies of the Board and the
Commission.
o Section 28 for practicing the profession during the period of
suspension.
o Period of suspension of the certificate of registration / professional
license not to exceed four (4) years.

 Nursing Education

 Added:
o Requirement for inactive nurses returning to practice: Nurses who
have not actively practice her profession shall undergo one (1) month
didactic training and three (3) months of practicum.
 Qualifications of Faculty
o Requirement of clinical experience in a field of specialization has been
reduced from three (3) years to one (1) year in a field of
specialization.
 The Dean of the College of Nursing must have at least 5 years’ experience
in teaching and supervising a nursing education program.

 Nursing Practice

 Scope of Nursing: Duties and Responsibilities of a nurse

o Deleted:
 Special training for intravenous injections but Nursing Service
Administrators still require formal training for the safety of the
patient and the protection of the nurse and of the institution.
o Added:
 Special training for suturing the lacerated perineum.
 Observe the Code of Ethics and the Code of Technical Standards
maintain competence through continual professional education.

 Health Human Resource Production and Utilization additions

 Comprehensive Nursing Specialty Program

o The Board in coordination with the accredited professional
organization, recognized specialty organizations and the Department
of Health is mandated to formulate and develop a comprehensive
 nursing specialty program that would upgrade the level of skills and
competency of specialty nurse clinicians in the country.
o Beneficiaries if this program is obliged to serve in any Philippine
hospital for a period of at least two (2) years of continuous service.
 Salary
o Minimum base pay of nurses in public health institutions shall not be
lower than the first step or hiring rate prescribed for Salary Grade 15
pursuant to Republic Act No. 6758, otherwise known as
Compensation and Classification Act of 1989.
 Funding for the Comprehensive Nursing Specialty Program
o The annual financial requirements to train at least 10% of the nursing
staff of the participating hospital shall be chargeable against the
incomes of the Philippine Charity Sweepstakes.
 Incentives and Benefits
o Incentives and benefits shall be limited to non-cash benefits such as
free hospital care for nurses and their dependents and scholarship
grants.

 Penal and Miscellaneous Provisions

 Penalty for violation of this Act in fines has been increased to not less
than fifty thousand pesos (P50, 000) not more than one hundred
thousand pesos (P100, 000).
 Imprisonment of not less than one (1) year nor more than six (6) years or
both fine and imprisonment upon the discretion of the Board.

Comprehensive Nursing Specialty Program

 Nursing Specialty Certification Program has been adopted and a Nursing Specialty
Certification Council has been created on the basis of Republic Act No. 7164.
 It was done through Resolution No. 14 of the Board of Nursing on February 18,
1999.
 The adoption and creation were perceived to oversee the administration of the
program by the Specialty Certification Board.
 These Specialty Certification Boards were scheduled for creation in each of the four
major groups of nursing specialties with the assistance of the Clinical Nurse
Association of the Philippines, Inc.
 The purpose of this program is to upgrade the level of skill and competence of
specialty nurse clinicians in the country.

II. NURSING JURISPRUDENCE

 Definition of Terms
 Jurisprudence
 o It is the application and interpretation of all the legal rules and
principles affecting the practice of nursing.
o It is the study of law and the principles on which laws are based.
 Law
o It is a system of rules that are created and enforced through social or
governmental institutions to regulate behavior.
o The system of rules that a particular country or community
recognizes as regulating the actions of its members and may enforce
by the imposition of penalties.

III. PHILIPPINE NURSING ACT OF 2002 (REPUBLIC ACT NO. 9173)

 Article III: Organization of the Board of Nursing

 Section 3: Creation and composition of the BON
 Creation of a Professional Regulatory Board of Nursing
 1 Chairperson; 6 members
 Shall be appointed by the President of the Phil.
 Sections 4 and 5: Qualifications and Requirements of the Chairperson and
Members of the Board
T: en years of continuous experience but the last 5 years should be in
the Philippines
R: epresent the three (3) areas of nursing, namely: (1) Community
Health Nursing; (2) Nursing Education; and (3) Nursing Service
I: mmediately resign upon appointment (Requirement)
P: ecuniary interest should be absent (Requirement)
M: aster’s degree in Nursing (either MAN or MSN)
A: accredited professional organization of nursing member
(Philippine Nurses Association)
N: ot convicted of any crime
C: itizen and resident of the Philippines

The 2017 Philippine Board of Nursing

Carmelita Divinagracia, EdD Glenda S. Arquiza, Phd, RN

Nursing Education/Research Nursing Education/Management
Chairperson
 Gloria B. Arcos, PhD, RN
Nursing Service/Management Cora D. Anonuevo, PhD, RN
Nursing Education/Health Promotion
& Community Health Nursing

CarfreddaC.Dumlao,
Florence Cawaon,PhD,
EdD,RN
RN
TeleHealth
Nursing Nursing
Education/Management

 Section 6: Term of Office

 BON shall hold office for 3 years until successors have been appointed and
qualified.
 Chairperson and members of the Board may be re-appointed for another
term.
 Any vacancy in the Board occurring within the term of a member shall be
filled for the unexpired portion of the term only.

 Section 9: Powers and Duties of BON

 Executive / Administrative Power

o Administering, enforcing and implementing functions of the BON.

o Also called Police Power
o Duties and Responsibilities:
C: onducts Nursing Licensure Examination
R: ecognize nursing specialty organizations (ORNAP, MCNAP,
CCNAPI, PONA, etc.)
E: nsure quality nursing education
 The authority to open and close colleges of nursing and/or
nursing education programs shall be vested on the
Commission on Higher Education upon the written
recommendation of the Board.
M: onitor and enforce quality standards of nursing practice

 Quasi – Legislative Power

o Rule or policy making functions of the BON.

o Duties and Responsibilities:
 P: romulgate the code of ethics
P: rescribe, adopt, issue and promulgate guidelines, measures,
regulations and decisions

 Quasi – Judicial Power

o Investigating, determining decisions and hearing functions of the

BON.
o Duties and Responsibilities:
C: onducts hearings and investigations
 BON can issue a subpoena to facilitate clarification of the issues.
I: ssue, suspend and revoke certificates of registration for the practice of
nursing
 PRC is only authorized to release a professional license or
certificates. However, it is the Board of Nursing who issues such
documents to Nurses thru PRC.

 Section 11: Removal of BON

N: eglect of duty or incompetence
U: nprofessional, dishonorable conduct
T: oleration of irregularities in the NLE (Board exam
leakage)

 Article IV: Examination and Registration

1. Section 13: Qualifications and Requirements

a. Qualifications:
B: achelor of Science in Nursing Degree
C: itizen of the Philippines
G: ood Moral Character
b. Requirements:
 Transcript of Records
 Summary of Related Learning Experience
 OR / DR Cases
 Birth Certificate
 Community Tax (Cedula)
 Board Exam Application Form
 Long white mailing envelope
 Short brown envelope
 Passport size picture with white background and nameplate
 PRC Notice of Admission
 Examination Fee

2. Section 14: Scope of Examination

 The Board shall take into consideration the ff.:
 a. Objectives of nursing curriculum
b. Broad areas of nursing
c. Other related disciplines and competencies in determining the subjects of
examination
 5 sets of 100 questions:

NP1 (Foundation of Professional Nursing 10% Leadership, Management &

Practice) Research
20% Bioethics & Jurisprudence
60% Fundamentals in Nursing, Basic
Concept
10% Fundamentals in Nursing,
Pharmacology
NP2 (Community Health Nursing and Care 10% Leadership, Management &
of the Mother and Child) Research
10% Bioethics & Jurisprudence
20% Community Health Nursing, Basic
Concept
20% Community Health Nursing,
Communicable Disease
20% Maternal & Child Nursing
20% Pediatric Nursing
NP3 (Care of Clients with Physiologic and 10% Leadership, Management &
Psychosocial Alteration) Research
10% Bioethics & Jurisprudence
30% Medical Surgical Nursing,
Oxygenation
25% Medical Surgical Nursing, Metabolic
& Endocrine
25% Medical Surgical Nursing,
Elimination
NP4 (Care of Clients with Physiologic and 10% Leadership, Management &
Psychosocial Alteration) Research
10% Bioethics & Jurisprudence
20% Medical Surgical Nursing, Fluids &
Electrolytes
20% Medical Surgical Nursing,
Immunologic System
20% Medical Surgical Nursing,
Integumentary System
20% Medical Surgical Nursing,
Emergency Nursing
NP5 (Care of Clients with Physiologic and 10% Leadership, Management &
 Psychosocial Alteration) Research
10% Bioethics & Jurisprudence
25% Medical Surgical Nursing,
Neurosensory System
25% Medical Surgical Nursing, Skeletal
System
30% Psychiatric Nursing

 Nursing Concepts

NURSING CONCEPTS # of Concepts

Questions Breakdown
10% Leadership, Management & Research/set 50 PALMER - 110

20% Bioethics & Jurisprudence/set 60

60% Fundamentals in Nursing, Basic Concept 60 Funda - 60

10% Fundamentals in Nursing, Pharmacology 10 Pharma - 10

20% Community Health Nursing 20 CHN -20

20% Communicable Disease 20 CD - 20

20% Maternal & Child Nursing 20 MCH-20

20% Pediatric Nursing 20 IMCI-20

30% Medical Surgical Nursing, Oxygenation 30

25% Medical Surgical Nursing, Metab & Endo 25

25% Medical Surgical Nursing, Elimination 25

20% Medical Surgical Nursing, Fluids & Electrolytes 20

20% Medical Surgical Nursing, Immunologic System 20

20% Medical Surgical Nursing, Integumentary 20

20% Medical Surgical Nursing, Emergency Nursing 20

25% Medical Surgical Nursing, Neurosensory 25

System
25% Medical Surgical Nursing, Skeletal System 25
MS - 210
30% Psychiatric Nursing 30 Psych-30
TOTAL # OF questions 500 500

3. Section 15: Board Rating

 General Average: Not less than 75%
 Average per subject: Not below 60% in any subject
 When the examinee obtained the required GWA but gets a rating below 60%
in any subject:
1. It is remarked as “Conditionally Passed”.
2. Re-take the subject where she/he is rated below 60%.
3. In order to pass, he/she must obtain a rating of at least 75% per subject.

4. Section 16: Issuance of Certificate of Registration/ Professional License and

Professional Identification Card
 Issued to an applicant who passes the examination upon payment of the
required fees.
 Every Certificate of Registration/ Professional License shall show the ff.:
a. Full name of the registrant
b. Serial number
c. Signature of the Chairperson of the Commission and of the Members of
the Board
d. Official seal of the Commission
 A Professional Identification Card shall show the ff.:
a. Last name, First name and Middle name of the registrant
b. Signature of the Chairperson of the Commission
c. Date of Registration
d. License/ Registration Number
e. Date of Issuance
f. Date of Expiration
g. Signature of the Professional
 Professional license shall be renewed every 3 years during the registrant’s
birth month.
 Since professional license is a “privilege”, therefore a person who wants to
obtain this shall meet the criteria/ qualifications set by the Board.

5. Section 19: Automatic Registration of Nurses

 All nurses whose names appear at the roster of nurses shall be automatically
or ipso facto registered as nurses.

6. Section 20: Registration by Reciprocity

 Nurses who are registered from foreign country may be issued a certificate of
registration / license provided, that:
1. Requirements for registration in their country of origin are substantially
the same as those in our country;
2. Under their laws, Filipino nurses are granted the same privileges and on
the basis as their citizens.
 7. Section 21: Practice through Special or Temporary Permit
 Issued by the Board but subject to the approval of the Commission and upon
payment of the prescribed fees.
 Licensed nurses from foreign country whose:
1. Services are either for fee or free if they are internationally well-known
specialists or outstanding experts in any branch or nursing specialty;
2. On Medical Mission and services shall be free in a particular hospital,
center or clinic;
3. Employed by schools/colleges of nursing as an exchange professors in a
branch or specialty nursing.

Note:
Special /Temporary permits shall be effective for the duration of the project,
medical mission or employment contract.

8. Section 23: Revocation and Suspension of Certificate of Registration /

Professional License and Cancellation of Special / Temporary Permit
S: erious ignorance or gross incompetence
M: alpractice or negligence
C: onviction by final judgement
U: nprofessional, unethical conduct
V: iolation or R.A 9173 and Code of Ethics for nurses
U: se of fraud, deceit, and false statement in obtaining a certificate of
registration, license or temporary/ special permit
P: racticing his/her profession during suspension

Note:
The suspension shall be for a period not to exceed four (4) years.

9. Section 24: Re-issuance of Revoked Certificates and Replacement of Lost

Certificates
P: roper application
P: ayment of required fees
E: xpiration of a maximum of four years from the date of the revocation of a
certificate
C: ause for revocation has disappeared or has been cured and corrected

 Article V: Nursing Education

1. Section 26: Requirements for Inactive Nurses Returning to Practice

 Inactive for 5 consecutive years
 1 month didactic training
 3 months practicum
 Continuing Professional Development (CPD)
  Republic Act No. 10912: Known as the “Continuing Professional
Development Act of 2016”
 Mandatory requirement in the renewal of the Professional Identification
Card of all registered and licensed professionals under the regulation of
PRC.
 All registered licensed professionals shall complete the required credit
units (CUs) every three (3) years of compliance period.
 Nurses are required to earn 45 credit units of CPD for 3 years.
 CPD Activities (based on PRC Resolution No. 2016-990)

PROGRAM / ACTIVITY CPD UNITS

1. Professional Track (Training offered by accredited CPD Providers, Face to
Face / Online)
1.1 Participant Approved credit units for the
program
1.2 Resource Speaker 3 CU per hour
1.3 Panelist/Reactor 2 CU per hour
1.4 Facilitator/Moderator 1 CU per hour
1.5 Monitor Twice the number of approved
credit units for the program
1.6 In-service Training Maximum of 20 CU for a 12-month
period or a fraction thereof upon
completion
2. Academic Track
2.1 Master’s Degree or Equivalent Full credit units for compliance
period upon completion of Degree
2.2 Doctorate Degree or Equivalent Full credit units for compliance
period upon completion of
candidacy

Additional full credit units for

compliance period upon completion
of Degree
2.3 Professorial Chair 15 CU per year
2.4 Residency/Externship/Specialty/Sub- 10 CU per year
specialty Program
2.5 Fellowship
2.5.1 Participant 2 CU per grant
2.5.2 Resource Speaker 4 CU per grant
2.5.3 Researcher 5 CU per grant
2.6 Post Graduate Diploma/Certificate Maximum of 30 CU for an 18-month
period or a fraction thereof upon
completion
3. Self-Directed (Training offered by non-accredited CPR Providers, Face to
 Face/Online)
3.1 Participant Credit units for the program as
evaluated by the CPD Council
3.2 Resource Speaker 3 CU per hour
3.3 Panelist/Reactor 2 CU per hour
3.4 Facilitator/Moderator 1 CU per hour
3.5 In-service Training Maximum of 20 CU for a 12-month
period or a fraction thereof upon
completion
3.6 Program/Training Module Development 10 CU per module
3.7 Technical Paper 5 CU per Technical Paper for
published paper
3.8 Article Published in a Refereed/Peer Reviewed Professional Journal
3.8.1 Authors  Local: 10 CU
 International: 10 CU
 For multiple authors, divide CU
equally among them
3.8.2 Peer Reviewer Maximum of 20 CU
3.9 Pamphlet/Book or Monograph
3.9.1 Author/s  20 CU for single author for
pamphlet (less than 100 pages)
 40 CU for single author for book
or monograph (more than 100
pages)
3.9.2 Editor Maximum of 20 CU
3.10 Article in Magazine/Newspaper Maximum of 5 CU per article for
multiple authors, divide CU equally
among them
3.11 Inventions Full credit units for compliance
period
3.12 Study Tours/Visits 2 CU per day
(Maximum of 20 CU per Tour)
3.13 Consultancy (e.g Technical Meetings/ 1 CU per hour
Accreditation and other activities as per
request of an institution, etc.)
3.14 Socio-Civic Activities (e.g. Medical 1 CU per hour
Missions, Outreach Programs, etc.)
3.15 Recognition/Title (e.g Fellows, Hall of Full Credit Units for compliance
Fame Award, Outstanding Professional, period`
Lifetime Achievement Awardee, etc.)
4. Such other Activities to be Recommended by the CPD Council and Approved by
the Board and the Commission

2. Section 27: Qualifications of Nursing Faculty

2.1 Qualification of Faculty
 A: ccredited professional organization of nursing member (Philippine
Nurses Association)
M: asters Degree (Nursing; Education; other allied medical and health
services)
O: ne year clinical experience
R: egistered Nurse in the Philippines

2.2 Qualification of a Dean:

F: ive years experience in teaching and supervising a nursing education
program
A: ccredited professional organization of nursing member (Philippine
Nurses Association)
R: egistered Nurse in the Philippines
M: asters Degree in Nursing (either MAN or MSN)

 Article VI: Nursing Practice

1. Section 28: Scope of Nursing

1. Individuals, families and communities
2. Nursing care during conception, labor, delivery, infancy, childhood, toddler,
pre-school, school age, adolescence, adulthood, and old age.
 Womb to Tomb
 All stages of life
3. Curative, preventive and rehabilitative aspects of care, restoration of health,
alleviation of suffering, and when recovery is not possible, towards a
peaceful death.
C: urative
R: estorative
R: ehabilitative
A: lleviation of sufferings
P: eaceful death
4. It is the duty of the nurse to:
P: rovide nursing care through the utilization of the nursing process
 Traditional and innovative approaches
 Therapeutic use of self
 Executing health care techniques and procedures
 Essential primary health care
 Comfort measures
 Health teachings
 Administration of written prescription for treatments, therapies, oral,
topical and parenteral medications
 Internal examination during labor in the absence of antenatal
bleeding and delivery
 In case of suturing of perineal laceration, special training shall be
provided
 U: ndertake nursing and health human resource development training and
research
P: rovide health education to individuals, families, and communities
E: stablish linkages with community resources and coordination with health
team
T: each, guide, and supervise students in nursing education programs

Note:
The nurse is required to maintain competence by continual learning through
continuing professional education to be provided by the accredited
professional organization or any recognized professional nursing
organization.
2. Section 29: Qualifications of Nursing Administrators
2.1 Nursing Supervisor / Manager
A: ccredited professional organization of nursing member (Philippine
Nurses Association)
N: ine units managerial and administrative courses at the graduate level
T: wo years experience in General Nursing Service Administration
BA: chelor of Science in Nursing
RN: in the Philippines

2.2 Nursing Director / Chief Nurse

BA: chelor of Science in Nursing
R: egistered Nurse in the Philippines
F: ive years experience in Supervisory or Managerial Positions in Nursing
M: asters Degree in Nursing (either MAN or MSN)
A: ccredited professional organization of nursing member (Philippine
Nurses Association)
N: ine units managerial and administrative courses in the graduate level

 Primary Hospitals:
T: wo years experience in General Nursing Service Administration
BA: chelor of Science in Nursing
R: egistered Nurse in the Philippines
N: ine units managerial and administrative courses in the graduate level

 Military Hospitals:
BA: chelor of Science in Nursing
R: egistered Nurse in the Philippines
F: ive years experience in Supervisory or Managerial Positions in
Nursing
M: asters Degree in Nursing (either MAN or MSN)
A: ccredited professional organization of nursing member (Philippine
Nurses Association)
N: ine units managerial and administrative courses in the graduate level
G: eneral Staffing Courses
  Government Hospitals:
BA: chelor of Science in Nursing
R: egistered Nurse in the Philippines
F: ive years experience in Supervisory or Managerial Positions in
Nursing
M: asters Degree in Community Health Nursing or Public Health Nursing
A: ccredited professional organization of nursing member (Philippine
Nurses Association)
N: ine units managerial and administrative courses in the graduate level

 Article VII: Health Human Resources Production, Utilization and Development

1. Section 31: Comprehensive Nursing Specialty Program

 Formulation and development o f a comprehensive nursing specialty
program that would upgrade the level of skill and competence of a specialty
nurse clinicians in the country.
 Such specializations are but not limited to:
a. Critical care
b. Oncology
c. Renal
d. And other areas as may be determined by the Board
 The beneficiaries of this program are obliged to serve in any Philippine
hospital for a period of at least 2 years and continuous service.

2. Section 32: Salary

 The minimum base pay of nurses working in the public health institutions
shall not be lower than salary grade 15 prescribed under RA No. 6758
otherwise known as “Compensation and Classification Act of 1989.”

3. Section 33: Funding for the Comprehensive Nursing Specialty Program

 At least 10% of the nursing staff of participating government
hospital shall be trained.
 It shall be chargeable against the income of the Philippine Charity
Sweepstakes and the Philippine Amusement and Gaming Corporation.
 DOH shall set the criteria for the availment of this program.

4. Section 34: Incentives and Benefits

 Incentive and benefits system in the form of:
a. Free hospital care for nurses and their dependents
b. Scholarship grants
c. Non-cash benefits
 The government and private hospitals are hereby mandated to maintain the
standard nurse-patient ratio set by the DOH.
  Article VIII: Penalties and Miscellaneous Provisions

1. Section 35: Prohibitions in the Practice of Nursing

V: iolates the minimum base pay, incentives & benefits of nurses
A: bsence of COR, Professional License & ID, temporary permit & exemption
A: ppends BSN/RN to his name w/o having been conferred the degree
A: ssist the illegal practice of a person who is not lawfully qualified to practice
nursing
F: alsely advertises / convey impression that he/she is an RN
F: alse evidence to obtain COR, Prof. License & ID, Special permit
U: ses another person’s COR, Prof. License & ID, Special Permit
U: ses invalid, suspended, revoked, expired, cancelled COR, Prof. License & ID,
special permit
U: ndertakes in-service educational programs, conducts review classes w/o
permit or clearance from BON

Punishment:

1. Fine of not less than P 50,000.00 nor more than P 100,000.00;

2. Imprisonment of not less than 1 year nor more than 6 years, or both, upon
discretion of the court

***Nothing Follows***

Institute of Nursing
A.Y 2020 – 2021 1st Semester

Concept: Nursing Jurisprudence

(Part 2)

IV. LEGAL LIABILITIES IN NURSING

a. Elements of legal liabilities

M: alpractice
 It occurs when a nurse fails to competently perform his or her medical duties
and that failure harms the patient. There are a variety of ways that a nurse
can harm a patient -- from administering the wrong drug to failing to notify a
doctor when something is really wrong.
 It is the idea of improper or unskillful care of a patient by a nurse.
 Failure to meet the standard of care which resulted to harm.
I: ncompetence
 It is the lack of ability, legal qualifications or fitness to discharge the required
duty.
 It means the display of lack of knowledge, skill or judgment in the
respondent's care of a client or delivery of nursing services that, having
regard to all the circumstances, rendered the respondent unsafe to practice
at the time of such care of the client or delivery of nursing services or that
renders the respondent unsafe to continue in practice without remedial
assistance.
N: egligence
 Carelessness; failure to act as an ordinary prudent person, or action contrary
to what a reasonable person would have done.
 It can be defined as a failure to take reasonable care or steps to prevent loss
or injury to another person. Nursing negligence is when a nurse who is fully
capable of caring does not care in the way a reasonably prudent nurse would,
and as a result the patient suffers unnecessarily.
D: eceit
 It is any act, declaration or practice which misleads a person or which causes
him to believe what is false.
F: raud
 It is a wrong doing or misconduct, an act resulting from a willful act to
deceive; deceitful practice, rules of common honesty.

b. Negligence

1. Elements of Professional Negligence

O: n duty
F: ailure to meet the standards of due care
F: oreseeability of harm

2. Doctrines of Professional Negligence

C: aptain of the Ship Doctrine
 It is a legal doctrine which holds that, during an operation in an operating
room, a surgeon of record is liable for all actions conducted in the course
of the operation.
 The leader of the team is responsible for the act of his members.
 Applicable in the Operating Room.
 D: octrine of Respondeat Superior
 “Let the master answer for the acts of the subordinate.”
 An employer will be liable for an employee’s negligent actions or
omissions that occur during the course and scope of the employee’s
employment.
 This means that the employee must be performing duties for the
employer at the time of the negligence for the employer to be held liable
under respondeat superior.
D: octrine of Corporate Liabilities
 The liability of the hospital in cases of defective equipment/facilities w/c
caused harm/injury to a patient.
 It determines the extent to which a corporation as a legal person can be
liable for the acts and omissions of the natural persons it employs.
D: octrine of Force Majeure
 It means an irresistible force, one that is unforeseen or inevitable.
 No person shall be responsible for those events which cannot be foreseen
and are inevitable, such as floods, fire earthquakes, and accidents.
However habitual tardiness due to heavy traffic is not considered an
excuse for force majeure.
R: es Ipsa Loquitor
 Three conditions are required to establish a defendant’s negligence
without proving specific conduct.
 It is presumed to be negligent if he/she/it had exclusive control of
whatever caused the injury even though there is no specific evidence of
an act of negligence, and without negligence the accident would not have
happened.

c. Tort

1. Definition
Tort
 It is a legal wrong, committed against a person or property independent of a
contract which renders the person who commits it liable for damages in a
civil action.
 It is an act or omission that gives rise to injury or harm to another and
amounts to a civil wrong for which courts impose liability.

2. Types of Tort
B: attery
 It is an intentional, unconsented touching of another person.
 It is an intentional and wrongful physical contact with another person
without that person's consent that includes some injury or offensive
touching.
A: ssault
 It is the imminent threat of harmful or offensive bodily contact.
  It includes physical or verbal intimidation. A gesture that the client may
perceive as a threat is an assault if the client believes that force or injury
may follow. Telling the client that you are going to restrain him in bed if
he tries to get out of bed without assistance is an assault.
D: efamation
 It is a false and unprivileged statement of fact that is harmful to
someone's reputation, and published "with fault," meaning as a result of
negligence or malice.
 Types:
1. Slander
 It is oral defamation of a person by speaking unprivileged or false
words by which his reputation is damaged.
2. Libel
 It is defamation by written words, cartoons or such
representations that cause a person to be avoided, ridiculed or
held in contempt or tend to injure him in his work.

F: alse Imprisonment or Illegal Detention

 It is the unjustifiable detention of a person without a legal warrant within
boundaries fixed by the defendant by an act or violation of duty intended
to result in such confinement.
I: nvasion of Right to Privacy
 The right to be left alone, to be free from unwarranted publicity and
exposure to public view
 It is a tort based in common law allowing an aggrieved party to bring a
lawsuit against an individual who unlawfully intrudes into his or her
private affairs, discloses his or her private information, publicizes him or
her in a false light, or appropriates his or her name for personal gain.
B: reach of Confidentiality
 The right not to divulge information from a patient’s chart to improper
sources or unauthorized persons.
 It occurs when data or information provided in confidence to you by a
client is disclosed to a third party without your client's consent.

V. ADVANCE DIRECTIVES

a. Definition

Advance Directives
 It is a written statement of a person’s wishes regarding medical treatment, often
including a living will, made to ensure those wishes are carried out should the
person be unable to communicate them to a doctor.
 It is a document by which a person makes provision for health care decisions in
the event that, in the future, he/she becomes unable to make those decisions.
  These are decisions that can be written down prior to medical treatment, so the
family can carry out a person's wishes for health care if this person is unable to
communicate them.

b. Philippine Setting

 Senate Bill No. 3195 – known as “Advance Directives Education Act” by Miriam
Defensor-Santiago
 Senate Bill No. 812 – known as “Magna Carta of Patient’s Rights and Obligations”
by Bong Revilla Jr.

c. Types of Advance Directives

1. Living Will
 It is the oldest type of health care advance directive.
 It delineates the patients’ specific wishes.
 It is a document that provides direction to your loved ones, family members
and physicians regarding your preferences for end-of-life care should you
become incapacitated, though it does not appoint anyone to make your
health care decisions.
 It can specifically address medical possibilities such as whether you want
artificial respiration, nutrition or hydration withheld, as well as what types of
pain medications to allow and whether you prefer to live your last days at
home or in the hospital. If you become incapacitated, your physicians and
loved ones will look to your living will for guidance.
 This written document sets out how a person should be cared for in an
emergency or if the person is otherwise incapacitated.
 A person’s living will sets forth their wishes on topics such as resuscitation,
desired quality of life and end of life treatments including treatments they
don't want to receive.
 This document is primarily between the patient and their doctors, and it
advises them how to approach their treatment.

2. Durable Power of Attorney for Healthcare

 It allows someone else -- an agent -- to make health care decisions for the
patient. The patient’s health care agent must act consistently with his/her
wishes, if the agent knows what the patient’s wishes are. If not, the agent
must act in the patient’s best interests.
 It remains valid even if the patient becomes incapacitated.
 It is given to the person whom the patient wants to make medical decisions
for them in an emergency. Even though the patient sets out his/her wishes in
his/her living will, such documents can never cover every circumstance, and
the person who has a durable power of attorney for healthcare can make
decisions not covered by the patient’s living will.
 Keep in mind that the person with a durable power of attorney for healthcare
can never contradict the terms of the patient’s living will. Rather, that person
 is there to fill in gaps, for situations not covered by the patient’s living will, or
in case the patient’s living will is invalidated for any reason.
 Depending on the patient’s state, the person on whom the patient grants a
durable power of attorney for healthcare will typically be called as "agent,"
"proxy," "attorney-in-fact", "patient advocate" or "surrogate". The typical
rights for this person includes:
 Providing medical decisions that aren't covered in the patient’s
healthcare declaration
 Enforcing the patient’s healthcare wishes in court if necessary
 Hiring and firing doctors and medical workers seeing to the patient’s
treatment
 Having access to medical records
 Having visitation rights
 It is a document in which the patient name someone he/she trust (a family
member or a close friend) to make health care decisions for his/her behalf if
the patient is ever permanently or temporarily unable to make such
decisions for him/herself.

d. Criteria for Advance Directives

1. It must be in writing. Advance Directives can be written by the patient or by

someone else, and it also be can be written in the patient’s healthcare notes.
2. It must be signed by the patient or by someone else who is described as acting
on the patient’s behalf and who signed in the patient’s presence.
3. It must also be witnessed by someone who is present when the patient make
his/her signature or when a signature is made on the patient’s behalf.
4. It must detail the exact treatment the patient wants to refuse. It is not enough to
just generally say that the patient do not want to be treated.
5. It must detail the situations where refusing treatment should apply. A clear
statement that the decision to refuse a specific treatment applies even if the
patient’s life is at risk.

e. Inclusions of written Advance Directives

1. The patient’s personal details, including his/her name, date of birth, home
address and anything that helps to identify the patient. This is because
healthcare professionals might need to identify the patient if he/she is not able
to wake up.
2. The name and address of attending physician and whether they have a copy of
the patient’s Advance Directive. Talk to the patient’s attending physician to make
sure it says in the patient’s medical notes that he/she has written an Advance
Directive.
3. A statement that says the document should be used if the patient is unable to
make decisions about his/her treatment.
4. The date the document was written or the date it was reviewed or updated.
 f. Validity of Advance Directives

 To decide it is legal and applicable, the doctors or healthcare professionals must

try to find out if the person:
1. Has cancelled or 'revoked' their Advance Directives.
2. Has done anything that goes against their Advance Directives. For example, if
they have clearly said they would like to have a specific treatment that is
listed for refusal in their Advance Directive.
3. Has withdrawn the Advance Directive by preparing and registering a Lasting
Power of Attorney (LPA) for Health and Welfare.
 Once an Advance Decision is validly made, it remains legal unless the patients
decide to change some or all of it, or 'revoke' (meaning cancel) it.
 To make sure that the patient’s Advance Directive is up to date and valid, the
patient should review his/her decisions regularly. For example, every 3 to 5
years if the patient’s condition is relatively stable.

g. Termination of Advance Directives

 Living wills are only applicable during the patient’s life. The document
terminates at death because it can only address issues that occur during a
patient’s life, similar to durable powers of attorney for health care. Durable
powers of attorney designate a health care agent to make medical decisions on
the patient’s behalf and are often created to work together with the patient’s
living will. Because no medical decisions are left to be made once the patient
dies, neither document serves any purpose after death.

Note:
Last Will and Testament
 It is a completely different document than a living will, but the two are often
confused. A last will takes effect only after a person dies and directs
distribution of the deceased person’s estate rather than his medical care
during his life. A will can also nominate a guardian for the deceased person’s
children and a person to manage his estate prior to distribution, called an
executor or personal representative.

VI. CRIMES

a. Definition of terms:

1. Crimes
 It is an act committed or omitted in violation of the law.
 An action or omission that constitutes an offense that may be prosecuted
by the state and is punishable by law.
 2. Plaintiff
 Complainant, litigant, accuser
 The person who is accusing someone of violating the law.
 Someone who makes a legal complaint against someone else in court.
3. Defendant
 Perpetrator, offender
 The person who is accused of violating the law.
 An individual, company, or institution sued or accused in a court of law.
4. Witness
 The person who have the knowledge, idea, approval or participation in
the violation of the law.
 A person who sees an event, typically a crime or accident, take place.

b. Court Orders

1. Subpoena
 A legal order issued by the court to ask the witness to present evidences or
give testimonies that can be used in solving an issue.
1.1 Ad Testificandum
 The witness is required to appear in the court to give his testimonies
or statements that may help clarify the issue.
1.2 Duces Tecum
 The witness is required to bring records, papers or documents under
his possession which may help clarify the issue.
2. Summon
 A legal order issued by the court to inform the defendant that a case is
being filed against him/her.
3. Writ
 A legal order issued by the court asking someone or a party to do or cease
doing something.

c. Elements of a Crime

1. Criminal Intent
 It is the state of mind of a person at the time the criminal act is committed
that is, he/she knows that an act is not lawful and still decided to do it
anyway.
 To be criminal, an act must be defined as a crime.

2. Criminal Action
 It deals with acts or offenses against public welfare.
 An action instituted by the government to punish offenses against the public.

d. Criminal Action
 1. Types of Criminal Action
a. Misdemeanor
 It is a general name for a criminal offense which does not in law amount
to felony.
 Punishment is usually a fine or imprisonment for a term of less than one
year.
b. Felony
 It is a public offense for which a convicted person is liable to be sentenced
to death or to be imprisoned in a penitentiary or prison.
 It is committed with deceit and fault.

2. Felony
2.1 Types of Felony
a. Acts of Execution
1. Consummated
 It is when all the elements necessary for its execution and
accomplishment are present.
2. Frustrated
 It is when the offender performs all the acts or execution but do
not produce felony by reason of causes independent of the will of
the perpetrator.
3. Attempt
 It is when the offender commences the commission of the same
directly by overt (open or manifest) acts, and does not perform all
the acts or execution which shall produce the felony.
b. Degree of Punishment

FELONY IMPRISONMENT FINE

Grave Felonies 6 years and 1 day to life Not exceeding P6, 000.00.
imprisonment
Less Grave One month and one day to six Not exceeding P6, 000.00 but not less
Felonies years than P 200.00.
Light Felonies 1 day to 30 days Not exceeding P200.00

3. Conspiracy in Crime
 Exists when 2 or more persons agree to commit a felony and
decide to do it.
a. Principals
 Types:
1. Principal by Direct Participation
 This refers to those who actually and directly take part in the
execution of the act.
 This requires that the principal by direct participation must be
at the crime scene.
 1.1 Unity of Intention. The person participated, agreed, or
concurred in the criminal design, intent or purposes or
resolution.
1.2 Unity of Action. All participated in the execution or carrying
out of the common intent, design, purpose or objective by
acts intended to bring about the common objective.
1.3 Participation in both ( Intention and Action)
2. Principal by Indespensable Cooperation
 It refers to those who cooperate in the commission of the
offense by another act without which it would not have been
accomplished.
 There must be a community of design or common purpose
between the PIC and the PDP, but not a conspiracy.
 The PIC knows or is aware of the intention or purpose of the
PDP and he cooperates or concurs in its realization by
performing an act without which the offense would not have
been accomplished.
3. Principal by Inducement
 Those who induce (PDP) to commit a crime either by: (a) force
(b). inducement
3.1 By the giving of a price, promise or reward. This must be
made with the intention of procuring the commission of the
crime and not as an expression of appreciation. The same
must be the sole reason for the commission of the crime
3.2 By giving Words of Command.
3.3 By the use of Inciting Words. These are words uttered
while a crime is going on by one who is present and are
directed to a participant in the crime, such as the words “
sige pa, kick him, kill him, bugbugin mo”.

b. Accomplices
 They are those person who cooperate in the execution of the offense
by previous or simultaneous act; accessory before the fact.

c. Accessories
 They are those who take part subsequent to its commission by
profiting themselves or assisting the offender to profit from the effects
of the crime by concealing or destroying the body of the crime;
accessory after the crime.

4. Criminal Circumstances
J: ustifying Circumstances
 Free from criminal and civil liability
 Self – defense:
 Unlawful aggression
 Reasonable necessity of the action
  Means employed prevent/repel it
 Lack of sufficient provocation
 On the person defending himself
 Defense of relatives - up to 4th degree by consanguinity; that in the
case of provocation was given by the attacked, that the one making
defense had no part therein.
 Defense of a stranger - defending not induced by resentment, revenge
or other evil motive
 Who acts in fulfillment of a duty or in a lawful exercise of a right or
office
 Who acts in obedience to an order by a superior for some lawful
purpose

E: xempting Circumstances
 No criminal liability only civil liability
 Mistake of fact - (ignorantia facti excusat) must be committed in good
faith or under an honest belief
 An insane or imbecile unless acted during lucid interval
 Under 9 years of age
 Over 9 under 15, unless acted with discernment
 While performing a lawful act with due care causes an injury by mere
accident without fault or intention of doing it
 Who acted under the compulsion of an irresistible force from a third
person
 Impulse of uncontrollable fear of an equal or greater injury
 Insuperable or lawful cause

M: itigating Circumstances
 Decreasing the moral culpability of the offender
 Under 18 or over 70
 No intention to commit so grave a wrong
 Sufficient provocation or threat on the part of the offended party
immediately preceded the act
 Voluntary surrender
 Deaf, dumb or blind or suffering from physical defect
 Such illness that would diminish the exercise of his will power
 Committed in the immediate vindication of a grave offense to the one
committing the felony, his/her spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, relative by affinity
within the same degree
 Acted upon an impulse so powerful as naturally to have produced an
obfuscation

A: ggravating Circumstances
 Increasing the moral liability of the offender
 Advantage of public position
  In contempt or insult to public authorities
 Crime committed in the place of worship
 Abuse of confidence or obvious ungratefulness
 Committed on occasion of epidemic, conflagration, shipwreck or other
calamity or misfortune
 In consideration of a price or reward or promise
 Committed by means of fire, explosion, stranded of a vessel
 With evident premeditation
 Craft, fraud or disguise

5. Crimes involving Nurses

5.1 Parricide
 It is a crime committed by one who kills his/her father, mother, or child
whether legitimate or illegitimate, or any of his/her ascendants or
descendants or his/her spouse.
5.2 Murder
 It is the unlawful killing of a human being with intent to kill.
5.3 Homicide
 It is the killing of a human being by another.
5.4 Infanticide
 It is the killing of a child less than three (3) days of age.
.5. Abortion
 It is the expulsion of the product of conception before the age of viability.
5.5 Giving assistance to suicide
 It is helping a person to take their own lives.
5.6 Illegal Detention
 It is unlawful taking of a person or property as in the case of forcible
entry or detention.
5.7 Simulation of birth, substitution of one child for another, or abandonment of
a legitimate child

VII. OTHER LAWS RELATED TO THE NURSING PROFESSION

a. Republic Acts (R.A)

RA 7164: Philippine Nursing Act of 1991

RA 9173: Philippine Nursing Act of 2002
RA No. 8981: PRC Modernization Act of 2000
RA 8344: “No Deposit Policy” during Emergency cases.
RA 6675: Generics Act of 1988
RA 7877: Anti-Sexual Harassment Act
RA 1080: Civil Service Eligibility
RA 6425 (9165): Dangerous Drugs Act
RA 7600: Mother Baby Friendly Hospital Act
RA 4226: Hospital Licensure Act
RA 3573: Reporting of Communicable Disease
 RA 7170: Organ Donation Act
RA 9994 (7432): Expanded Senior Citizens Act of 2003
RA 953: Narcotic Drug Act
RA 2644: Philippine Midwifery Act
RA 8423: Traditional and Alternative Medicine Act of 1997
RA 7719: National Blood Service Act of 1994
RA 2328: Philippine Medical Act
RA 1612: Privilege Tax Law – professional tax payment
RA 5181: Permanent residence and Reciprocity
RA 1082: Rural Health Units all over the Philippines
RA 4073: Liberalizes Leprosy Treatment
RA 1054: Free Emergency Medical Treatments to Employees and
Laborers
RA 5901: 40 hours/week for nurses in with 100-bed capacity
RA6111: Medicare Act
RA 6713: Code of Conduct and Ethical Standards for Public
Officials/Employees
RA 6758: Salary Standardization Law
RA 7305: Magna Carta for Public Health Workers
RA 7277: Magna Carta of Disabled Persons
RA 7624: Drug Education Law
RA 6972: Day Care Center for every barangay
RA 7160: Local Autonomy Code
RA 349: Legalized Use of Human Organs for Scientific Purposes
RA 6809: Amended Article 34 of Family Code, 18 years is majority age
RA 10069: Health worker’s Day
RA 8504: Philippine AIDS Prevention and Control Act of 1998
RA 9262: Domestic Violence Act
RA 76875: National Health Insurance Act of 1995

b. Presidential Decrees (P.D)

PD 651: Birth Registration Act

PD 223: Professional Regulation Commission
P.D. 856: Sanitation Code
P.D. 996: Expanded Program for Immunization
P.D. 965: Family Planning and Responsible Parenthood
PD 603: Child and Youth Welfare
PD 541: Practice of profession in the Philippines by former
professionals
PD 491: Nutrition Program Law
PD 825: Penalty for Improper Garbage Disposal
PD 143: Woman and Child Labor Law (no child below 14 shall be employed)
PD 442: New Labor Code of the Philippines
PD 851: 13th Month Pay
 c. Executive Orders (E.O)

E.O 51: Milk Code

EO 209: Family Code
EO 180: Government worker’s CBA
EO 857: Compulsory Dollar Remittance Law
EO 174: National Drug Policy (availability, affordability or safe,
effective, quality drugs)

d. Board of Nursing Resolutions

BON Res. No. 633 s. of 1984: International Council for Nurses (ICN) Code of
Ethics
BON Res. No. 1955 s. 1989: PNA Code of Ethics
BON Res. No. 1930 s. 1985: CPE for Nurses
BON Res. No. 187 s. 1991: Renewal of Professional license
BON Res. No. 217 s. 1992: Delisting of Delinquent Professionals
BON Res. No. 100 s. 1993: Implementing Rules and Regulations of RA 7392
BON Res. No. 557 s. 1988: Code of Ethics
BON Res. No. 8 s. 1994: Special Training on Intravenous Injections for the RN
BON Res. No. 20 s. 1994: Implementing Rules and Regulations of RA 7164
BON Res. No. 110 s. 1994: Guide to Evaluate Compliance with Standards for Safe
Nursing Practice

e. Letter of Instructions (LOI)

LOI 949: Legal Basis of Primary Health Care

LOI 100: Preference given to members of accredited professional
organization for employment and seminars
ILO Convention #149: Improvement of life and work conditions of nursing
personnel (ILO Recommendation #157)

f. Proclamations

Proclamation No. 539, s. 1958: Nurses Week – Every last week of October
Proclamation No. 1348, s. 1974: National Cancer Consciousness Week – third
week of January
Proclamation No. 224, s. 1988: Women’s Week first week of March and March 8
as Women’s Rights and International Peace Day;
Proclamation No. 18, s. 1962: World Health Day – April 7
Proclamation No. 1481, s. 2008: Philippine’s Earth Day – April 22 of every year
Proclamation No. 4, s. 1998: Philippine Measles Elimination Campaign –
Declaring the period of September 16 – October
14, 1998 as the “Ligtas Tigdas Month”
Proclamation No. 6, s. 1986: United Nations – Universal Goal on Child Immunization
by 1990
Proclamation No. 46, s. 1992: Re-affirming the commitment of the Philippines
to the Universal Child and Mother Immunization
Goal of the World Health Assembly
Proclamation No. 118: Professional Regulation Week – June 16-22
Proclamation No. 1275: Midwifery Week – Every Third Week of October
Proclamation No. 147, s. 1993: Declares April 21 and May 19, 1993 and every 3rd
Wednesday of January and February and
thereafter for 2 years as National Immunization
Days
Proclamation No. 773, s. 1996: Every 3rd Wednesday of April and May as
the “Knock-Out Polio Day”
Proclamation No. 1064, s. 1997: Enjoining all sectors of society to participate in
the Acute Flaccid Paralysis (AFP) surveillance
component of polio eradication campaign
Proclamation No. 1066: Declaring a National Neonatal Tetanus
Elimination Campaign starting 1997

***Nothing Follows***