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LAWS AFFECTING PRACTICE OF PUBLIC HEALTH NURSING

Public health nurses need to know the laws affecting health and nursing practice in the
Philippines. As practicing nurse in the community setting, the PHN nurse in the familiar with
the existing laws and standards that governs safe nursing practice. This chapter should serve
as a guide and basis for understanding these Iaws.

Republic Act No. 6713 - March 25, 1983 known as the Code of Conduct and Ethical
Standards for Public Officials and Employees. This code upholds a time honored principle
that public office is a public trust. It is the policy of the state to promote high standards of
ethics in public office. Public Officials and employees shall at all items be accountable to the
people and shall discharge their duties with utmost responsibility, integrity, competence and
loyalty, act with patriotism and justice, lead modest lives and uphold public interest over
personal interest.

Letter of Instruction No. 949 the legal basis of primary health care date October 19, 1979,
instructs the Department of Health and all officials and personnel of the Department to
design, develop and implement programs which will focus on health development at the
community level particularly in rural areas; effectively utilize these system in order to control
or eradicate the immediate and specific health problems confronting Filipino communities.

With the passage of R.A. 7160 of the Local Government Code, the responsibility for the
delivery of basic services and facilities of the national government has been transferred to the
local government. This involves the devolution of powers, functions and responsibilities to
the local government both provincial and municipal.

Executive Order No. 503 provides for the rules and regulations implementing the transfer of
personnel, assets, liabilities and records of national government agencies whose functions are
to be devolved to the local government units.

Republic Act No. 7305 — is known as Magna Carta for Public Health Workers. health
workers, aims: to promote and improve the social and economic well-being of health
workers, their living and working conditions and terms of employment; to develop their skills
and capabilities in order that they will be more responsive and better equipped to deliver
health projects and programs; and to encourage those proper qualifications and excellent
abilities to join and remain in government service.

Republic Act No. 6758 standardized the salaries of government employee includes the
nursing personnel. Republic Act 7883(February 20, 1995) - Baran ay Health Worker's
Benefit’s and Incentive.

Republic Act 2382 is known as the Philippine Medical Act. This Act defines the practice of
medicine in the country. A person shall be considered as engaged in the practice of medicine
who shall, for compensation, fee, salary or re any form paid to him directly or through
another, physically examine any diagnose, treat, operate or prescribe any remedy for any
human disease, injury, deformity, physical, mental condition or ailment, real or imaginary
regardless of the remedy or treatment administered, prescribed or recommended.

Republic Act 1082, the first Rural Health Act implemented in 1953 called for the
employment of more physicians, dentists, nurses, midwives and sanitary inspectors who will
live in rural areas where they are assigned to help raise health condition of the barrio people
and thus help abate the still high incidence of preventable diseases in the country as a whole.
It created the first 81 Rural Health Units.

Republic Act 9173 - "Philippine Nursing Act of 2002". An act providing for a more
responsive nursing profession, repealing for the purpose RA 7164 otherwise known as
Philippine Nursing Act of 1991" and for other purposes. It is an act declaring the policy of
the state to assure responsibilities for the protection and improvement of the nursing
profession instituting measures that will result in relevant nursing education, humane working
conditions, better career prospects and a dignified existence for our nurses.

Republic Act 3573 in 1929 declared that all communicable diseases should be reported to the
nearest health station, and that any person may be inoculated, administered or injected with
prophylactic preparations. These diseases include: actinomycosis, acute anterior (adult or
infant) poliomyelitis, cerebro-spinal meningitis (epidemic), diphtheria, food poising,
glanders, influenza, leprosy, malaria, measles, plague, pneumonia, mumps, ophthalmia,
neonatorum, tetanus, trachoma, tuberculosis, typhoid, paratyphoid fever, typhus fever, variola
or smallpox, varioloid, varicella, viscount's angina, whooping cough and yellow fever.

Republic Act 1891 amended R. A. 1082 in 1957. It strengthened health and dental services in
the rural areas and created rural health unitsof eight categories of staffing pattern
corresponding to Population groups of municipalities to be based on a more equitable and
scientific distribution on the radio of personnel to population.

Republic Act 8749, The Clean Air Act approved in year 2000 but took effect in January
2001.

Presidential Decree No. 825 requires Penalty for improper disposal of garbage and other
forms of uncleanliness.

Presidential Decree No. 856, the Code on Sanitation provides for the control of pies' tors in
man's environment that affect health including the quality of water, food, milk, control of
insects, animal carriers, transmitters of disease, sanitary and recreational facilities, noise,
pollution, unpleasant odors and control of nuisance.

Republic Act 9211 - Tobacco Regulation Act. June 23, 2003


Republic Act 8976 - Philippine Food Fortification. November 7, 2000

Republic Act 6365 established a National Policy on Population and created the Commission
of Population.

Presidential Decree No. 1204 amends P.D. No. 79 which included the active participation of
the Secretaries of the Department of Local Government and 'community Development and
the Department of Labor and Employment in the formulation and implementation of policies
of the national family planning health and welfare program; it also strengthens the power of
the POPCOM in carrying out the purpose and objectives of the national family planning,
health and welfare program.

Presidential Decree No. 791 the revised Population Act defines the objectives, duties and
functions of the POPCOM. Among others it empowers nurses and midwives to provide,
dispense and administer acceptable methods of contraception after having training and
authorization by the POPCOM in consultation with the appropriate licensing bodies.

Executive Order No. 2009. The Family Code of the Philippines.

Republic Act 9255 (February 24, 2004)- Provides for Illegitimate children to use the surname
of their fathers.

Presidential Decree No. 965 requires applicants for marriage license to receive instruction on
family planning and responsible parenthood.

Republic Act 7432 (April 23, 1992)- Maximize the Contribution of Senior Citizens to Nation
Building, Grant Benefits and Special Privileges. It entitles the elderly and a twenty percent
(20%) discount in all public establishments and free medical and dental check-up and
hospitalization in all government hospitals.

Republic Act 7600 - Rooming-in and Breastfeeding. 1992 - provides that babies to in private
and government hospitals should be roomed in with their mother to promote breastfeeding
and ensure made and adequate nutrition to children.

Republic Act 9288 - Newborn Screening. April 4, 2004


LAWS AND REGULATIONS AFFECTING NURSING/MIDWIFERY PRACTICE IN
THE PHILIPPINES

Republic Acts:
RA 1136 - TB law, reorganizing division of TB control in the DOH
RA 3573 - Reporting of Communicable Diseases
RA 3753 - Civil Registry Law
-RA 4073 - Treatment of Leprosy in a government skin clinic, rural health unit or by
duly licensed physician
RA 4226 - Hospital Licensure Act
RA 5181 - Permanent residence & reciprocity qualifications for
examination/registration
RA 5901 - Working hours & compensation of hospital & clinic personnel
RA 6136 - Expressly authorizes the giving of IV & other injections by the nurse only
under the direction & supervision of a physician
RA 6675 - Generics Act of 1988
RA 6725 - Strengthening Prohibition on Discrimination against Women
RA 7170 - Organ Donation
RA 7305 - Magna Carta of Public Health Workers
RA 7392 - Midwifery Law
RA 7600 - Rooming –in and Breastfeeding Act of 1992
RA 7610 - Child Abuse & Exploitation
RA 7624 - Drug Education
RA 7877 - Sexual Harassment Law
RA 8172 - Asin Law of the Philippines
RA 8187 - Paternity Leave
RA 8353 - Anti-Rape Law
RA8423 - Traditional & Alternative Medicine Act of 1997
RA 8749 - Clean Air Act
RA 8980 - Early Childhood Care & Development Act of the Philippines
RA 8981 - Comprehensive Drug Act of 2002
RA 9165 - PRC Modernization Act of 2002
RA 9288 - Newborn Screening Act

Presidential Decrees:
•PD 48 - Four (4) children with paid maternity leave privileges
•PD 69 - Four (4) children for tax exemption
•PD 223 - Creation of PRC
•PD 442 - New Labor Code
•PD 603 - Child and Youth Welfare Code
•PD 651 - Birth Registration
•PD 825 - Garbage Disposal
•PD 856 - Sanitation Code
PD 965 - Family Planning & Responsible Parenthood Instructions prior to issuance of
marriage license
•PD 996 - Compulsory Immunization for children below eight (8) years old

Executive Orders:
EO 51 - Milk Code
EO 80 - Collective Bargaining Rights of government workers
EO 296- Accredited professional organization of nurses must create a nomination
committee composed of its past presidents who will screen nominees or
applicants to the BON
EO 857 - Compulsory Dollar Remittance

PRC and Board Resolutions:


# 187 s. 1991 - Issuance and Renewal of Professional License
# 217 s. 1992 - Delisting of delinquent professionals
# 633 s. 1984 - ICN Code of Ethics
# 1955 s. 1989 - PNA Code of Ethics
# 8 s. 1994 - Special Training on IV Therapy

Proclamations , Pronouncements, Letters of Instructions


& House Bills:

Proc. # 6 - United Nations’ goal on Universal Child Immunization by 1990


Proc. # 539 - Nurses’ Week (every 3rd week of October)
LOI # 949 - Legal basis of Primary Health Care
HB 4110 - REPRODUCTIVE Health Care Agenda Act of 2001
HB 3744 - Empowerment of Women in Vulnerable Situation Act
HB 3773 - Responsible Parenthood and Population Movement Act of 2005

PROFESSIONAL ADJUSTMENT

DEFINITION OF TERMS:

Nursing jurisprudence Comprises all the legal rules


and principles affecting the nursing
profession

Legislation Act or process of making laws


Nursing Legislation Making of laws affecting the nursing profession

Rights Innate capacity to control actions of others with the approval


and sanction of the State. Ex Bill of rights

Legal rights Claim which can be enforced by law against a person or community
whose duty is to respect it.

Court Forum where disputes are settled

Jurisdiction Authority to hear and decide legal controversies

Venue Venue where suit can be heard

Legal remedy Means employed to enforce a right or redress a wrong

Ordinary remedy Ordinary action or suit in a court of law

Extra ordinary remedy Afforded by law other than the ordinary remedy

Writ Mandatory rule of action


1. Certiorari - review; acted w/o or in excess of jurisdiction; grave
abuse of discretion & there is no appeal nor any plain, speedy
& adequate remedy in the ordinary course of law.
2. Prohibition - stop prosecuting a case
3. Mandamus - perform a specific act w/c pertains to his/her duty
4. Quo warranto - recover an office or franchise

Provisional remedy Provided for present need, temporary protection while an action is
pending
1. Injunction - refrain from doing an act
2. Preliminary injunction - granted at any stage of the action
3. Final injunction - granted when rights of the parties are
determined

Process Means to compel defendant to appear in court


1. Warrant - directs a person to do an act, addressed to an officer,
affording him protection from damages when he does the act.
2. Search warrant - to search for material / personal property & bring
them to court
3. Subpoena ad testificandum - witness to testify
4. Subpoena duces tecum – witness & documents
5. Summon - defendant to testify

Plaintiff Complaining party

Defendant Person charged of a crime

Accuser Private offended party represented by the state (People of the Phil.)

Witness A person who has knowledge of the fact pertaining to the case; testify to
the genuineness of the makers’ signature in an instrument.

Expert witness One who is qualified to testify based on special knowledge, skills,
experience and training..

Damage Loss or injury

Damages Sum of money for compensation to injury/damage done

Nursing The diagnosis or treatment of human responses to actual or potential


health problem (ANA)

Profession Acceptance of the service (motive) – not to make money but promote
health or knowledge or good laws

Nursing profession Performance for a fee, salary or other reward, compensation, of


professional nursing services to individual, family, and community in
various stages of development towards the promotion of health,
prevention of illness, restoration of health and alleviation of suffering
thru:

 utilization of the nursing process


 establishment of connection with community resources and
coordination with the health team
 motivation of the individual, family, & community and
coordination with the health team
 participation in teaching, guidance and supervision of students in
nursing education program
 undertaking nursing & health manpower development training
and research
LAWS AFFECTING COMMUNITY HEALTH NURSING PRACTICE

HEALTH SERVICES
EO 851 Reorganizing DOH, integrating components of health care delivery
into its field operations and for other purposes
PD 568 Restructured Health Care Delivery System (RHCDS)
RA 1891 Strengthening Health and Dental Services in Rural Areas
RA 1082 Employment of More Health Personnel in Rural Areas (Rural Health
Unit Act)
RA 1054 Free Emergency Medical and Dental Treatment for the Employees
LOI 949 Legal basis for the adoption of PHC
EO 105 Providing for the Creation of a National Health Planning Committee
(NHPC) and the Establishment of Inter Local Health Zones (ILHZ)
throughout the country and for other purposes
EO 102 Redirecting the Functions and Operations of the DOH
RA 7875 National Health Insurance Act of 1995
RA 7305 Magna Carta of Public Health Workers
RA 7432 Senior Citizen’s Act of the Philippines
RA 9257 Expanded Senior Citizen’s Act of 2003
RA 7876 Senior Citizen’s Center Act of the Philippines
RA 7160 Local Government Code of 1991
RA 1939 An act prescribing the appropriate share of the national, provincial,
city, and municipal government in the financial contributions for the
operations and maintenance of free beds in government hospitals and
establishment of additional wards or hospitals in the Philippines
RA 7719 National Blood Services Act of 1994
RA 7883 Barangay Health Worker Benefits and Incentives Act of 1995
Batas Pambansa Accessibility Law
344
EO 958 National Healthy Lifestyle Advocacy Campaign, Declaring year 2005
to 2015 as the Decade of Healthy Lifestyle

ENVIRONMENTAL HEALTH
PD 856 Code of Sanitation
RA 9211 Anti-Tobacco/ No Smoking Campaign
PD 1160 Barangay Captain to enforce pollution and environmental laws
PD 825 Penalty for improper disposal of garbage/ refuse waste and other
forms of uncleanliness
RA 9003 Philippines Ecological and Solid Waste Management Campaign
PD 1181 Prevention and Control of Air Pollution for Motor Vehicles
RA 8749 Clean Air Act of the Philippines
RA 6969 Prohibits the entry of hazardous an nuclear wastes in the country and
provides a mechanism to monitor and regulate the production and
release

COMMUNICABLE DISEASES
RA 3573 Reporting of Communicable Diseases
RA 4073 An Act of Liberalizing the treatment of leprosy
PD 384 Amending RA 4073 by amending and repealing certain sections of the
Revised Administrative Code
RA 1136 TB Law, reorganizing the division of Tuberculosis control in the DOH
RA 8504 An act promulgating policies and prescribing measures for the
Prevention and Control of HIV/ AIDS in the Philippines

FAMILY PLANNING
RA 3753 Civil Registry Law
PD 651 Registration of Birth/ Death in the Philippines from January 1, 1974
thereafter
PD 79 Revised Population Act of 1971
PD 1204 Amending Certain sections of PD 79 Revised Population Act of the
Philippines
PD 166 Amending the Revised Population Act 1971
PD 965 Requiring applicants for marriage license to receive instruction on
family planning and responsible parenthood
EO 209 (as amended by EO 227) Family Code of the Philippines
RA 8187 An act granting paternity leave of seven days with full pay to all
married male employees in the private and public sectors for the first
four deliveries of the legitimate spouse with whom he is cohabiting
and for other purposes

MATERNAL AND CHILD HEALTH


Proclamation # 6 Implementing a United Nations Goal on Universal Child
Immunization by 1990
P 46 Reaffirming commitment to the goal of Child Survival Program thru
Immunization on Polio Eradication
PD 996 Providing Compulsory Basic Immunization for all infants, and
children below 8 years of age
RA 7846 An act requiring compulsory immunization against hepatitis B for
infants and children below 8 years old
RA 9288 Newborn Screening Act of 2004
PD 603 Child Youth Welfare Code
PD 148 Amending Republic Act 679, Women and Child Labor Law
EO 51 Milk Code of the Philippines
RA 8980 Early Childhood Care and Development Act of the Philippines
RA 7600 The Rooming In and Breastfeeding Act of 1992
RA 7610 Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act
RA 9262 Anti-Violence Against Women and Their Children Act of 2004
RA 8353 Anti-Rape Law
RA 7877 Anti-Sexual Harassment Act of 1995

NUTRITION
PD 491 Nutrition Act of the Philippines
PD 1569 Barangay Nutrition Scholar Decree
RA 8172 An act promoting Salt Iodization Nationwide or Asin Law of the
Philippines
RA 8976 Philippine Food Fortification Act of 2000
EO 472 Transferring the National Nutrition Council from the Department of
Agriculture to the Department of Health

MEDICATIONS
RA 6675 Generics Act of 1988 Safe Medication
RA 6425 Penalties for Violations of the Dangerous Drug Act of 1972
RA 9165 Comprehensive Dangerous Drug Act of 2002
RA 8423 Traditional and Alternative Medicine Act of 1997

PROFESSIONAL CONCERNS
PD 223 Creation of the Professional Regulation Commission (PRC)
RA 8981 PRC Modernization Act of 2000
LOI 149 Convention concerning the employments and conditions of work and
life of nursing personnel
RA 6758 Salary Standardization Law
RA 1080 Conversion of bar and board examination as Civil Service Eligibility
LOI 1000 Compulsory membership of professional association accredited by the
PRC
RA 7164 Philippine Nursing Act of 1991
RA 9173 Philippine Nursing Act of 2002
RA 5921 An act regulating the practice of pharmacy and setting standards of
pharmaceutical education in the Philippines and for other purposes
RA 7392 Philippine Midwifery Act of 1992

*Reference: DAVID, E., et al. Community Health Nursing: An Approach to Families and
Population Groups. 2007