Legal Aspects Of Nursing

Legal Aspects of Nursing Other Laws That Affect Nursing

NCM 105 – Legal Aspect of Nursing

LAWS, RESOLUTIONS, PROCLAMATIONS AND EXECUTIVE ORDERS AFFECTING THE PRACTICE OF NURSING IN THE PHILIPPINES

Executive Orders 

Executive Orders are orders issued by the Chief Executive in order to implement a constitutional mandate or statutory provision 

EO 51 –The Milk Code; it aims to provide safe and adequate nutrition for infants by protection and promotion of breastmilk and by ensuring the proper use of breastmilk substitutes  The

labels of milk products covered by this code shall have written important notice such as “This product is not intended to

Executive Orders EO 174 – The national drug policy on availability, affordability of safe, effective and good quality drugs for all  EO 209 – The Family Code of the Philippines 

Letter of Instruction (LOI) 

LOI is an order issued by the President to serve as guide to his previous decree or order LOI 47- directs all schools of midwifery and nursing, social work, medicine and allied medical profession to include family planning in their curricula  LOI 949 – which created the Primary Health Care System  LOI 1000 – which directs government agencies to give preference to members of accredited professional organizations 

Presidential Decree (PD) 

PD are orders coming from the President of the Philippines who exercised legislative powers during state of martial law PD 48 – 4 children with paid maternity leave privileges  PD 69 – 4 children for tax exemption  PD 442 – which is the Labor Code of the Philippines  PD 491 – Nutrition Program  PD 603 – The Child and Youth Welfare 

Presidential Decree (PD) PD 626 – which provide for an Employee Compensation and Insurance Fund, providing more benefits to persons covered by SSS and GSIS for injury, illness and disabilities  PD 651 – Birth and Death Registration law  PD 925 – which provided penalty for improper garbage disposal and other forms of uncleanliness  PD 856 – Code on Sanitation  PD 965 –required marriage license applicants to receive instruction on Family Planning and Responsible Parenthood prior 

Presidential Decree (PD) PD 996 – which provided for compulsory basic immunization for children and infants below eight years of age  PD 1519 – revised medicare benefits; which provided for medical benefits of government employees regardless of status of appointment  PD 1636 – which requires compulsory membership to SSS or 

PROCLAMATIONS 

These are official declaration by the Chief Executive of Office of the President on certain programs, projects or situations Proclamation # 6 – declaring that UN’s goal of Universal Child Immunization , involved NGO’s in the immunization program  Proclamation # 499 – which declares December 1 as the National AIDS Awareness Day 

Republic Acts (RA) 

These are acts or laws passed by the Congress of the Philippines RA 1080 – which declared that professionals who passed the board and bar exams are civil service eligible (Civil Service Eligibility)  RA 1082 – which is “The Rural Health Act”, creating RHU all over the country with the goal of promoting the health and well being of the rural population  RA 1612 – which provides that a privilege tax shall be paid before any business or occupation can be lawfully begun or pursued 

To be paid before January 31 of each year  Professionals working in gov’t agencies are 

Republic Acts (RA)  

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RA 1636 – Compulsory membership to SSS of the self employed individual RA 2382 – which is the “ Philippine Medical Act” regulating the practice of medicine in the Philippines RA 3573 – the law on the reporting of communicable diseases to the nearest health station and that any person may be inoculated, administered or injected with prophylactic injections RA 4226 – which is the Hospital Licensure Act, requiring all hospitals to be licensed before they can operate

Republic Acts (RA) RA 5181 – this act prescribes permanent residence and reciprocity qualifications for any examination or registration for the practice of any profession in the Philippines  RA 5901 – working hours and compensation of hospital and clinical personnel  RA 6111 – which is the Philippine Medical Care Act of 1969 (MEDICARE) providing for hospitalization benefits 

Republic Acts (RA)  

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RA 6675 – which is the “ Generic Acts of 1988” RA 6713 – which is the “Code of Conduct and Ethical Standards for Public Officials and Employees” RA 7170 – the law that governs organ donation RA 7305 – which is the Magna Carta of Public Health Workers RA 7600 – which is the Rooming-in and Breastfeeding Act of 1992 RA 7610 – which is “ The Special Protection of Children Against Child Abuse, Exploitation and Discrimination

Republic Acts (RA) 

RA 7875 – which is the National Health Insurance Act of 1995. 

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RA 7877 – which is “ The Anti-Sexual Harassment Act of 1995” 

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It is an act instituting a national health insurance program for all Filipinos and establishing the PHIC for the purpose

It is an act declaring sexual harassment unlawful in the ff environment: 1. employment 2. education 3. training

RA 8749 – The Philippine Clean Air Act of 1999 RA 8981 – The PRC Modernization Act of 2000

LAWS THAT PROMOTE THE WELFARE AND WELLBEING OF NURSES

LAWS THAT PROMOTE THE WELFARE AND WELL-BEING OF NURSES  LABOR

CODE (PD 442) - defines among other things, hours of work, contract ( including termination of contract) and nurse staffing in industrial clinics

LAWS THAT PROMOTE THE WELFARE AND WELL-BEING OF NURSES 

CIVIL SERVICE LAW ( PD 807) - provide for the recruitment and selection of employees in government service; qualification standards; personnel evaluation system; and personnel discipline). Also provides that no employee of the Civil service can be suspended except for cause as provided for by law and after due process

LAWS THAT PROMOTE THE WELFARE AND WELL-BEING OF NURSES  EXECUTIVE

ORDER No. 180 - uphold the exercise of the right to organize of government employees. This is in accordance with the 1987 constitution that states; “the right of people..to form unions, associations, or societies for purposes not

LAWS THAT PROMOTE THE WELFARE AND WELL-BEING OF NURSES

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MAGNA CARTA OF PUBLIC HEALTH WORKERS ( RA 7305) - has provisions on benefits (financial and non financial), rights and responsibilities of public health workers. Public health workers include everybody who works in government health institutions such as hospitals and laboratories.

LAWS THAT PROMOTE THE WELFARE AND WELL-BEING OF NURSES 

SALARY STANDARDIZATION LAW (RA 6758)

- provides for the standardization of salaries of those working in government. One of the benchmark positions is Nurse 1 which is assigned salary grade 10. (RA 9173 upgrades the entry salary of nurses in government to grade 15)

LAWS THAT PROMOTE THE WELFARE AND WELL-BEING OF NURSES 

RA 7041 (An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices) - the intention of this law is for government offices to be transparent in their recruitment practices. By publishing presence of vacant positions, applicants are less likely to be subjected to unethical practices in government practices

LAWS THAT PROMOTE THE WELFARE AND WELL-BEING OF NURSES

 ANTI-

SEXUAL HARASSMENT ACT (RA 7877)

- protects employees against sexual harassment. Sexual harassment is committed by any person who exercises authority, influence or moral ascendancy over another..by demanding, requesting or requiring sexual favor regardless of whether or not.. Is accepted by the object of sexual solicitation

LAWS THAT SPELL OUT THE RESPONSIBILITIES OF EMPLOYEES (INCLUDING NURSES)

CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES ( RA 6713) 

Provides that public officials and employees shall at all times 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.

CIVIL SERVICE RULES AND REGULATIONS (PD 807) 

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Promote morale and highest degree of responsibility, integrity, loyalty, efficiency, and professionalism. Public office is a public trust. This law spells out the grounds of disciplinary action. Some of these are: dishonesty, neglect of duty, oppression, misconduct, disgraceful and immoral conduct, being notoriously undesirable, discourtesy in the course of official duties, inefficiency and incompetence in the performance of official duties, conviction of a crime involving moral turpitude, falsification of documents, frequent unauthorized absences or tardiness, gambling, insubordination, nepotism and refusal to perform official duty or

RA 8344 ( AN ACT PENALIZING THE REFUSAL OF HOSPITALS AND MEDICAL CLINICS TO ADMINISTER APPROPRIATE INITIAL MEDICAL TREATMENT AND SUPPORT IN EMERGENCY CASES ) 

In emergency cases, it is unlawful for anybody (including the nurse) in a hospital or medical clinic to request, solicit, demand or accept any deposit or any other form of advance payment as a pre requisite for confinement or medical treatment of a patient or to refuse to administer medical treatment and support as dictated by good practice of medicine.