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NURSE PRACTICE ACT

LAWS

those rules made by humans that regulate


social conduct in a formally prescribed and
legally binding manner.
Concept of Law

n the sum total of rules, and regulations


by which society is governed

n rule of conduct pronounced by


controlling authority
Three Essential Characteristics
of a Law
n Authority or the right to declare that the
rule exists
n Pronounced or expressed and the
source can be identified ( must be
declared in writing)
n Right to enforce the same
Principal Sources of Law:
n Constitution
n Statutes or legislations (Republic Acts)
n Regulations issued by the Executive
Branch of the government (Executive
Orders)
n Case decisions or judicial opinions
n Presidential decrees
n Letters of Instructions
Sources of Law

The
Constitution

Judicial
LEGISLATIVE Executive
BRANCH
branch
branch
Statutory Common
Law Administrative
Law Law
Private Law

Types of Law
Applicable to nurses
●Procedural Law
●Public Law
●Substantive law
Types of Law applicable
to nurses

CIVIL Criminal

Standard of proof Standard of proof


is preponderance is guilt beyond a
of the evidence reasonable doubt

Contracts
Felony
Manslaughter
Nurse- Assault a&
patient Torts Battery
relationship Fraud

Intentional Unintentional Misdemeanor


Torts Torts
Nursing Legislation

n The making of laws or the body of laws


already enacted affecting the science and
the art and practice of nursing
NURSE PRACTICE ACT

n Law regulating the practice of nursing


in a country or state.

n Serves to define nursing and give


guidance within the scope of practice
issues.
PURPOSES:

n Protects the public at large from unsafe


practitioners

n Sets standards for nursing profession.


CONTENTS

n Contains general statements of


appropriate professional nursing
actions.

n Contains general provisions which gives


guidance to acceptable acts.
ELEMENTS
1. Definition of Professional Nursing
2. Requirements for Licensure
3. Exemptions
4. Licensure Across Jurisdiction
5. Disciplinary Action and Due Process
Requirements
6. Creation of Board of Nursing
7. Penalties for Practicing Without A License
Historical Perspectives of
Philippine Nursing Law
n 1915 Act 2493 – regulated the
practice of medicine and provided for the
examination and registration of nurses in the
Philippine islands
n 1919 Act 2808 – the First true
Nursing Law was passed, creating a Board of
Examiners for Nurses
n 1920 - first board examination for nurses
was given
Historical Perspectives
RA 546
n Recognized and placed all the Boards of
Examiners under the direct supervision of the
President of the Philippines.
n Appointment of Board of Examiners by the
President of the Philippines
n Prescribed general procedure for appointing Board
of Examiners.
n Vested in BEN the power to set professional
standards in Nursing Practice and prescribe the
collegiate course
Historical Perspectives
n June 19, 1953 - R.A. 877 - “The Philippine
Nursing Law” was passed.

Provisions:
ü organization of the Board of Examiners
ü provisions regarding nursing schools and colleges
ü examination and registration of nurses
ü sundry provisions relative to the practice of
nursing
Historical Perspectives
June 1966 RA 4704 – Amended portions of RA 877

n Board membership increased from 3 to 5


n Members of the Board appointed by the President approved
by the COA
n Required academic degree of Master’s degree for board
members.
n Disqualifying age is 65 years old
n Maximum total compensation of P18,000/year
n Academic Qualifications of Deans, Directors and Principals
of schools of Nursing was raised to Master’s degree
n Areas of study: generalized curriculum
Historical Perspectives
n Scope of Nursing Practice:
µ Reporting, recording and evaluation of patient’s care
µ Supervision of persons contributing to nursing care of
patients
µ Execution of nursing procedures and techniques
µ Direction and education to secure physical and mental care
µ Application and execution of MDs’ orders concerning
treatments and medications.
§ Dates of holding nurse’s exams- no longer fixed
§ Minimum required age lowered from 21 to 18 but permitted to
practice only when he/she reaches 21 years old.
Historical Perspectives
Aug 1970 RA 6136 amended part of Sect 17
of RA 877.

n Broadened the scope of professional functions of


RN in the application and execution of MDs’
orders
n Authorized the RN to administer parenteral
medications
Historical Perspectives
n R. A. 7164 known as “The Philippine Nursing Act of
1991” codified and revised all the laws regulating the
practice of nursing in the Philippines

Salient Features:
ü Redefinition of the scope of nursing practice

ü Educational qualification of master’s degree for faculty and


deans of colleges of nursing
ü Educational qualifications of administrators of nursing
services
ü Inclusion of the phrase “unethical conduct as one of the
reasons for revocation and suspension of certificate of
registration
Historical Perspectives
n R.A. 9173 – otherwise known as “Philippine
Nursing Act of 2002” repealed R.A. 7164

{ Salient Features:
{ Increases the composition of the Board to 7
{ Recognizes the specialty certification program
{ Requires those inactive in practice to undergo I
month didactic and 3 months practicum
{ Provides for incentives and benefits system for
nurses and dependents
{ Upgraded the salary of government nurses to SG15.

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