Nursing Jurisprudence

Marion Katrina L. Raguini, RN

Nursing Seminar
1. Topic
2. Title
3. Committees
± Program planning
±Physicalset-up
±Awards and tokens
±Food and refreshments
±Documentation


LAW
Xset of rules established by a governing
power to:
guide actions
regulate conduct of the people
impose sanctions for violation or
non-compliance.
-
SOURCES OF LAW
1.Divine
Law – from the Creator
2.Human Law – made by a legislative body or any law
making body
General/Public Law
a)

a)Constitutional

b)Criminal

c)Administrative

d)International

e)Religious

Individual/Private Law
a)

a)Civil
JURISPRUDENCE
Xtheory and philosophy of law
Xjuris (legal/law)
Xprudentia (knowledge/wisdom)

1.Understand the fundamental nature of law

2.Acquire deeper meaning
ETHICS
Xethos “custom”
Xpractical science dealing with the morality
of human acts

Xnursing actions – scientific yet moral!

- human life, rights and dignity

Human Acts – voluntary

Acts of Men - involuntary
NURSING JURISPRUDENCE
XStudy of nursing laws, lawsuits, liabilities, legal
principles, rules and regulations and doctrines
affecting nursing practice.

NURSING ETHICS
Xstudy of ethics in nursing practice.
1.Changing philosophy of health care
2.Changing philosophy of nursing
3.Evolution of nursing profession distinct from
medicine
Theories:
1.Utilitarian or teological – the end justifies the
means
2.

3.Deontological – the end DOES NOT justify the

means
- the act is the criterion for the
determination of good and not
1.Intuitionism – people inherently know what is right
and what is wrong
 PROFESSION – career
 - knowledge, skills, attitude


S specialized body of knowledge

A accountability and liability
C caring profession
C competence
E ethics
S service oriented
 SCOPE OF NURSING PRACTICE


- Pursuant to RA. 9173 Nursing Act of

2002


 Four-fold responsibility of nurse:

1. promotion of health

2. prevention of illness

3. alleviation of suffering

4. restoration of health

5. spiritual health – self-transcendence

-

SCOPE OF NURSING PRACTICE
 Five Duties:


 N nursing process is utilized

L linkages with the community & health
team
U undertake manpower development
 training and research
M motivation of I, F and C
P participation in nursing education

CODE OF ETHICS
± declaration of faith, belief and ideals which
the profession upholds and members
conform


±1st approved PNA Code of Ethics (1982)



±amended Code of Ethics for Nurses

Resolution No. 220 Series of 2004
 (July 14, 2004)
CODE OF ETHICS
FOR FILIPINO NURSES
 Elements:


1. Nurses and Patient

2. Nurses and Practice
3. Nurses and Co-worker
4. Nurses and Society
5. Nurses and Physician
6. Nurses and Profession
CODE OF ETHICS
1.Nurses and People
a) Cultural considerations
b) Autonomy

c) Confidentiality
2.

3.Nurses and Practice

a) Human life is inviolable
b) Quality and excellence in providing care

c) Patient advocate

d) Responsibility and accountability

e) Ethical, moral & legal dimensions of

profession
f)
CODE OF ETHICS
 3. Nurses and Co-workers
a) Collaboration for the patient’s best

interest
b) Maintain good working relationship with

health care team



4.Nurses and Society

a) Preservation of life
b) Respect for human rights

c) Establish linkages with the public

CODE OF ETHICS
5.

Nurse and Profession
a) Loyalty to profession and preservation

of its integrity
b) Professional organization

c) Determine and implement acceptable

standard of nursing

 PHILIPPINE
NURSING LAW
HISTORY:
March 1, 1919 - RA 2808
- First True Nursing Law
- creation of Board of Examiners
±Chair: Dr. Juan Cabarus
±Members: Anastacia Giron-Tupas
Belen Del Rosario
Function of BOE :
1.Issuance of certificate of registration

2.Revoke certificate of registration

3.Administer exam

4.Examine practice of nursing

March 8, 1922
± RA 3025
±Registration of Red Cross Aids and

Welfare Workers
December 5, 1932

±RA 4007
±BOE put under custody of Bureau of Civil

Service
1950

±RA 465 – Standardization of exam and fees

±RA 546 – BOE direct supervision of Pres.
of Phil


±
±
 1953
± Birth of Filipino Nurse Association
 Legislative Committee Chair:
 Mrs. Obdulia Kabigting
 Members: Ms. Jovita Sotejo
 Ms. Anne Sand
 Ms. Conchita Ruiz


June 19, 1953

±Philippines Nursing Law by Sen. Geronima T.

Pecson
November 21, 1991

±RA 7164 – Philippine Nursing Law of 1991

±Sen. Edgardo Angara & Sen. Heherson Alvarez


±
±

 Philippine Nursing Act of
2002
October 21, 2002


±RA 9173 – Philippine Nursing Act of 2002

±Sen. Juan Flavier


X more responsive nursing profession

X protection and improvement of the nursing
profession by:
a.relevant nursing education
b.humane working conditions
c.better career prospect
d.dignified existence of nurses
X
RA 9173
YThe state guarantees the delivery of
quality basic health care services through
an adequate nursing personnel system
throughout the country.
 BOARD OF NURSING:


± supervision and regulation of nursing practice

±1 chairperson and 6 members
±nursing education, nursing service and
community service


 Powers and Duties:

1.Quasi-judicial
2.Quasi-legislative
3.Police Power


 Removal or suspension:
1.Neglect of duty
2.Irregularities in NLE
3.Unprofessional, immoral conduct
 Registered Nurse:
±GWA of 75% with no grade < 60%
±Registration by reciprocity
±Special/temporary permit


 Revocation:
1. Criminal offense
2. Immoral/dishonorable conduct
3. Mentally incompetent
4. Unprofessional and unethical practice
5. Gross incompetence
6. Malpractice and negligence
7. Violation of Code
8.


domo arigatou..