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LEARNING OUTCOME

Adhere to ethico-legal considerations when providing safe, quality, and professional nursing care.
Apply ethical reasoning and decision-making process to address situations of ethical distress and moral dilemma.
Adhere to established norms of conduct based on the Philippine Nursing Law and other legal, regulatory, and institutional requirements relevant to safe nursing practice.
Protect client rights based on “Patient’s Bill of Rights and Obligations”
Implement strategies/ policies related to informed consent as it applies in multiple contexts.

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CONTENTS

RA 9173: Philippine Nurses Act
RA 7305: Magna Carta for Public Health Worker
RA 11332: Law on Reporting of Communicable Diseases
PD 856: Sanitation Code
RA 8749: Clean Air Act
RA 6675: Generic Act
RA 7875: National Health Insurance Act
RA 7432: Expanded Senior Citizen’s Act of 2003
RA 9165: Revised Dangerous Drugs Law
RA 10028: Breastfeeding Act

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REPUBLIC ACT 9173: PHILIPPINE NURSING ACT

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REPUBLIC ACT 9173: PHILIPPINE NURSING ACT

An act providing for a more responsive nursing profession, repealing for the purpose Republic Act no. 7164,
known as "the Philippine nursing act of 1991"
State to assume responsibility for the protection and improvement of the nursing profession by instituting measures that will result in relevant nursing education, humane working conditions, better career prospects and a dignified existence for our nurses.

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ARTICLE III: ORGANIZATION OF THE BOARD OF NURSING�

Board, to be composed of a Chairperson and six (6) members
Appointed by the president of the Republic of the Philippines

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QUALIFICATIONS OF THE CHAIRPERSON �AND MEMBERS OF THE BOARD�

Be a natural born citizen and resident of the Philippines;
Be a member of good standing of the accredited professional organization of nurses
Be a registered nurse and holder of a master's degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the Government
Have at least ten (10) years of continuous practice of the profession prior to appointment: Provided, however, That the last five (5) years of which shall be in the Philippines;
Not have been convicted of any offense involving moral turpitude; Provided, That the membership to the Board shall represent the three (3) areas of nursing, namely: nursing education, nursing service and community health nursing

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SECTION 5. REQUIREMENTS UPON QUALIFICATION AS MEMBER OF THE BOARD OF NURSING.�

Appointed Chairperson or Member of the Board shall immediately resign from any teaching position in any school, college, university or institution offering BSN and/or review program for the local nursing board examinations or in any office or employment in the government or any subdivision, agency or instrumentality .

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SECTION 6. TERM OF OFFICE�

The Chairperson and Members of the Board shall hold office for a term of three (3) years

Until their successors shall have been appointed and qualified
And may be re-appointed for another term

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SECTION 7. COMPENSATION OF THE BOARD MEMBERS�

The Chairperson and Members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by the Chairperson and members of other professional regulatory boards.

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SECTION 8. ADMINISTRATIVE SUPERVISION OF THE BOARD, CUSTODIAN OF ITS RECORDS, SECRETARIAT AND SUPPORT SERVICES�

All records of the Board, including applications for examinations, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission.
The Commission shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act.

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SECTION 9. POWERS AND DUTIES OF THE BOARD�

Conduct the licensure examination for nurses
Issue, suspend or revoke certificates of registration for the practice of nursing
Monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical and technical, moral and professional standards in the practice of nursing taking into account the health needs of the nation
Ensure quality nursing education by examining the prescribed facilities of universities or colleges of nursing or departments of nursing education and those seeking permission to open nursing courses to ensure that standards of nursing education are properly complied with and maintained at all times.

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SECTION 9. POWERS AND DUTIES OF THE BOARD�

Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act, or its rules and regulations
Promulgate a Code of Ethics in coordination and consultation with the accredited professional organization of nurses
Recognize nursing specialty organizations in coordination with the accredited professional organization
Prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions as may be necessary for the improvements of the nursing practice, advancement of the profession and for the proper and full enforcement of this Act subject to the review and approval by the Commission.

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ARTICLE IV: EXAMINATION AND REGISTRATION�

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SECTION 12. LICENSURE EXAMINATION�

All applicants for license to practice nursing shall be required to pass a written examination, which shall be given by the Board in such places and dates as may be designated by the Commission: Provided, That it shall be in accordance with Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000."

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SECTION 13. QUALIFICATIONS FOR ADMISSION TO THE LICENSURE EXAMINATION. �

In order to be admitted to the examination for nurses, an applicant must, at the time of filing his/her application, establish to the satisfaction of the Board that:

(a) He/she is a citizen of the Philippines

b) He/she is of good moral character

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SECTION 14. SCOPE OF EXAMINATION�

The scope of the examination for the practice of nursing in the Philippines shall be determined by the Board.

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FIVE PARTS WILL TEST THE KNOWLEDGE, SKILLS AND ATTITUDE OF AN EXAMINER ON

Fundamentals of Nursing including Professional Adjustment
Maternal and Child Health Nursing
Community Health and Communicable Disease Nursing
Nursing of Adolescents, Adults and Aged
Mental Health and Psychiatric Nursing

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FIVE PARTS THAT CONTAINS ONE HUNDRED (100) QUESTIONS.�

Nursing Practice I: Basic Foundation of Nursing and Professional Nursing Practice (100 items)
Nursing Practice II: Community Health Nursing and Care of the Mother and Child (100 items)
Nursing Practice III: Care of Clients with Physiologic and Psychosocial Alterations, Part A (100 items)
Nursing Practice IV: Care of Clients with Physiologic and Psychosocial Alterations, Part B (100 items)
Nursing Practice V: Care of Clients with Physiologic and Psychosocial Alterations, Part C (100 items)

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SECTION 15. RATINGS�

In order to pass the examination, an examinee must obtain a general average of at least seventy-five percent (75%) with a rating of not below sixty percent (60%) in any subject.

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SECTION 16. OATH�

All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized to administer oaths prior to entering upon the nursing practice

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SECTION 23. �REVOCATION AND SUSPENSION OF CERTIFICATE OF REGISTRATION/PROFESSIONAL LICENSE AND CANCELLATION OF SPECIAL/TEMPORARY PERMIT�

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THE BOARD SHALL HAVE THE POWER TO REVOKE OR SUSPEND THE CERTIFICATE OF REGISTRATION/PROFESSIONAL LICENSE OR CANCEL THE SPECIAL/TEMPORARY PERMIT OF A NURSE UPON ANY OF THE FOLLOWING GROUNDS:�

(a) For any of the causes mentioned in the preceding section;

(b) For unprofessional and unethical conduct;

(d) For malpractice or negligence in the practice of nursing;

(e) For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit;

(f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit;

(g) For practicing his/her profession during his/her suspension from such practice.

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SECTION 24. RE-ISSUANCE OF REVOKED CERTIFICATES AND REPLACEMENT OF LOST CERTIFICATES�

The Board may, after the expiration of a maximum of four (4) years from the date of revocation of a certificate, for reasons of equity and justice and when the cause for revocation has disappeared or has been cured and corrected, upon proper application therefore and the payment of the required fees, issue another copy of the certificate of registration/professional license.

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ARTICLE V: NURSING EDUCATION�

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SECTION 25. NURSING EDUCATION PROGRAM

The nursing education program shall provide sound general and professional foundation for the practice of nursing

The learning experiences shall adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated by the Commission on Higher Education's policies and standards of nursing education

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SECTION 26: REQUIREMENT FOR INACTIVE NURSES RETURNING TO PRACTICE�

Nurses who have not actively practiced the profession for five (5) consecutive years are required to undergo one (1) month of didactic training and three (3) months of practicum.
The Board shall accredit hospitals to conduct the said training program.

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SECTION 27: QUALIFICATIONS OF THE FACULTY�

A member of the faculty in a college of nursing teaching professional courses must:

(a) Be a registered nurse in the Philippines

(b) Have at least one (1) year of clinical practice in a field of specialization

(d) Be a holder of a master's degree in nursing, education, or other allied medical and health sciences conferred by a college or university

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ARTICLE VI: NURSING PRACTICE�

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SECTION 28. SCOPE OF NURSING

A person shall be deemed to be practicing nursing within the meaning of this Act when he/she singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting.
It includes, but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age.
As independent practitioners, nurses are primarily responsible for the promotion of health and prevention of illness.
A members of the health team, nurses shall collaborate with other health care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, towards a peaceful death.

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IT SHALL BE THE DUTY OF THE NURSE TO:�

(a) Provide nursing care through the utilization of the nursing process.

Nursing care includes, but not limited to:
Traditional and innovative approaches,
Therapeutic use of self,
Executing health care techniques and procedures,
Essential primary health care,
Comfort measures,
Health teachings, and
Administration of written prescription for treatment, therapies, oral topical and parenteral medications,
Internal examination during labor in the absence of antenatal bleeding and delivery.

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IT SHALL BE THE DUTY OF THE NURSE TO:�

(b) establish linkages with community resources and coordination with the health team

(d) Teach, guide and supervise students in nursing education programs including the administration of nursing services in varied settings such as hospitals and clinics

(e) Undertake nursing and health human resource development training and research, which shall include, but not limited to, the development of advance nursing practice

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SECTION 29. QUALIFICATION OF NURSING SERVICE ADMINISTRATORS� �

A person occupying supervisory or managerial positions requiring knowledge of nursing must:

(a) Be a registered nurse in the Philippines;

(b) Have at least two (2) years’ experience in general nursing service administration;

(c) Possess a degree of Bachelor of Science in Nursing, with at least nine (9) units in management and administration courses at the graduate level

(d) Be a member of good standing of the accredited professional organization of nurses

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POSITION OF CHIEF NURSE OR DIRECTOR OF NURSING SERVICE QUALIFICATIONS SHOULD POSSESS:

(1) At least five (5) years of experience in a supervisory or managerial position in nursing;

(2) A master's degree major in nursing

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ARTICLE VIII: PENAL AND MISCELLANEOUS PROVISIONS�

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SECTION 35. PROHIBITIONS IN THE PRACTICE OF NURSING. �

A fine of not less than Fifty thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00)
or imprisonment of not less than one (1) year nor more than six (6) years, or both, upon the discretion of the court, shall be imposed upon:

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(A) ANY PERSON PRACTICING NURSING IN THE PHILIPPINES WITHIN THE MEANING OF THIS ACT: �

(1) without a certificate of registration/professional license and professional identification card or special temporary permit or without having been declared exempt from examination in accordance with the provision of this Act

(2) who uses as his/her own certificate of registration/professional license and professional identification card or special temporary permit of another; or

(3) who uses an invalid certificate of registration/professional license, a suspended or revoked certificate of registration/professional license, or an expired or cancelled special/temporary permits;

(4) who gives any false evidence to the Board in order to obtain a certificate of registration/professional license, a professional identification card or special permit

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(A) ANY PERSON PRACTICING NURSING IN THE PHILIPPINES WITHIN THE MEANING OF THIS ACT: �

(5) who falsely poses or advertises as a registered and licensed nurse or uses any other means that tend to convey the impression that he/she is a registered and licensed nurse

(6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar appendage to his/her name without having been conferred said degree or registration

7) who, as a registered and licensed nurse, abets or assists the illegal practice of a person who is not lawfully qualified to practice nursing.

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REPUBLIC ACT 7305: MAGNA CARTA FOR PUBLIC HEALTH WORKER��

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REPUBLIC ACT 7305: MAGNA CARTA FOR PUBLIC HEALTH WORKER

Also known as “Magna Carta of Public Health Workers”
SEC 2. Declaration of Policy and Objective.

The State shall instill health consciousness among our people to effectively carry out the health programs and projects of the government essential for the growth and health of the nation.

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RA 7305 AIMS:�

(a) To promote and improve the social and economic well-being of the health workers, their living and working conditions and terms of employment

(b) To develop their skills and capabilities in order that they will be more responsive and better equipped to deliver health projects and programs

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SEC. 3. DEFINITION

Health Workers” mean all persons who are:

engaged in health and health-related work
all persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics and other health-related establishments owned and operated by the Government or its political subdivisions with original charters and shall include medical, allied health professional, administrative and support personnel employed regardless of their employment status.

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SEC. 4. RECRUITMENT AND QUALIFICATION.

a public worker must meet the minimum requirements in accordance with policies and standards of the Civil Service Commission.

It is necessary to fill a vacancy; a temporary appointment shall be issued to the person who meets all the requirements

Temporary appointment shall not exceed twelve (12) months nor be less than three (3) months renewable

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SEC. 5. PERFORMANCE EVALUATION AND MERIT PROMOTION�

all public health personnel shall include provisions on merit promotion, performance evaluation, in-service training grants, job rotation, suggestions and incentive award system.

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SEC. 6. TRANSFER OR GEOGRAPHICAL REASSIGNMENT OF PUBLIC HEALTH WORKERS�

a) A transfer is a movement from one position to another which is of equivalent rank, level or salary without break in service

b) A geographical reassignment, hereinafter referred to as “reassignment,” is a movement from one geographical location to another

c) a public health worker shall not be transferred and or reassigned, except when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore in writing.

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SEC. 7. MARRIED PUBLIC HEALTH WORKERS�

Whenever possible, married couples, whom are both public health workers be employed or assigned in the same municipality, but not in the same office.

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SEC. 8. SECURITY OF TENURE�

Regular employment of public health workers, their services shall not be terminated except for cause provided by law and after due process

If a public health worker is found by the Civil Service Commission to be unjustly dismissed from work,

PHW be entitled to reinstatement without loss of seniority rights and to his/her back wages with twelve percent (12%) interest computed from the time his/her compensation was withheld from him/her up to the time of reinstatement

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SEC. 9. DISCRIMINATION PROHIBITED�

A public worker shall not be discriminated against with regard to gender, civil status, creed, religious or political beliefs and ethnic groupings in the exercise of his/her profession.

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SEC. 10. NO UNDERSTAFFING/OVERLOADING OF HEALTH STAFF�

There shall be no understaffing or overloading of public health workers.
The ratio of health staff to patient load shall be such as to reasonably effect a sustained delivery of quality health care at all times without overworking the public health worker and overextending his/her duty and service.
Health students and apprentices shall be allowed only for purposes of training and education.

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SEC. 11. ADMINISTRATIVE CHARGES

Administrative charges against a public health worker shall be heard by a committee composed of the provincial health officer of the province where the public health worker belongs, as chairperson, a representative of any existing national or provincial public health workers’ organization or in its absence its local counterpart and a supervisor of the district, the last two (2) to be designated by the provincial health officer mentioned above.
The committee shall submit its findings and recommendations to the Secretary of Health within thirty (30) days from the termination of the hearings.
Where the provincial health officer is an interested party, all the members of the committee shall be appointed by the Secretary of Health.

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ANY PUBLIC HEALTH WORKER MAY BE REQUIRED TO RENDER SERVICE BEYOND THE NORMAL EIGHT (8) HOURS A DAY, THE WORKERS SHALL BE PAID AN ADDITIONAL COMPENSATION IN ACCORDANCE WITH EXISTING LAWS AND PREVAILING PRACTICES

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SEC. 17. WORK DURING REST DAY�

a) Where a public health worker is made to work on his/her scheduled rest day, he/she shall be paid an additional compensation in accordance with existing laws.
b) Where a public health worker is made to work on any special holiday he/she shall be paid an additional compensation in accordance with existing laws. Where such holiday work falls on the worker’s scheduled rest day, he/she shall be entitled to an additional compensation as may be provided by existing laws.

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SEC. 18. NIGHT-SHIFT DIFFERENTIAL�

a) Every public health worker shall be paid night-shift differential of ten percent (10%) of his/her regular wage

b) Every health worker required to work on the period covered after his/her regular schedule shall be entitled to his/her regular wage plus the regular overtime rate and an additional amount of ten percent (10%) of such overtime rate for each hour of work performed between ten (10) o’clock in the evening to six (6) o’clock in the morning.

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SEC. 19. SALARIES�

In the determination of the salary scale of public health workers, the provisions of Republic Act No. 6758 shall govern, except that the benchmark for Rural Health Physicians shall be upgraded to Grade 24.

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SEC. 20. ADDITIONAL COMPENSATION�

Public health workers shall receive the following allowances: hazard allowance, subsistence allowance, longevity pay, laundry allowance and remote assignment allowance.

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SEC. 21. Hazard Allowance.

Hazard allowances equivalent to at least (25%) of the monthly basic salary of health workers receiving salary grade 19 and below,
five percent (5%) for health workers with salary grade 20 and above

SEC. 22. Subsistence Allowance

Public health workers is entitled to full subsistence allowance of three (3) meals
Travel allowance shall be given to rural health physicians as enjoyed by municipal agriculturists, municipal planning and development officers and budget officers.

SEC. 23. Longevity Pay

A monthly longevity pay equivalent to five percent (5%) of the monthly basic pay shall be paid to a health worker for every five (5) years of continuous, efficient and meritorious services

SEC. 24. Laundry Allowance

All public health workers who are required to wear uniforms regularly shall be entitled to laundry allowance equivalent to One hundred twenty-five pesos (P125.00) per month
The rate shall be reviewed periodically and increased accordingly by the Secretary of Health

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Compulsory medical examination shall be provided free of charge to all public health workers before entering the service in the Government

SEC. 27. Medical Examination

Public health workers shall be protected against the consequences of employment injuries in accordance with existing laws.
Injuries incurred while doing overtime work shall be presumed work connected.

SEC. 28. Compensation for Injuries

Public health workers are entitled to such vacation and sick leaves as provided by existing laws and prevailing practices

SEC. 29. Leave Benefits for Public Health Workers

Three (3) months prior to the compulsory retirement, the public health worker shall automatically be granted one (1) salary range or grade higher than his/her basic salary and his/her retirement benefit, computed on the basis of his/her highest salary

SEC. 30. Highest Basic Salary Upon Retirement

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ACT 11332: MANDATORY REPORTING OF NOTIFIABLE DISEASES AND HEALTH EVENTS OF PUBLIC HEALTH CONCERN ACT�

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The Department of Health (DOH) urged all private and public health workers, especially at the municipal, provincial and barangay levels, to report all public health threats and emergencies to the DOH to continuously promote the welfare of the people

It aims to protect people from public health threats through the efficient and effective disease surveillance of diseases of public health concern.

Recognizes the disease surveillance and response systems of the DOH and its local counterparts as the first line of defense against epidemics or any events that may pose a health threats to the public.

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(1) Is caused by any of the following:

Bio terrorism
Appearance of a novel or previously controlled or eradicated infectious agent or biological toxin
A natural disaster
A chemical attack or accidental release
A nuclear attack or accident
An attack or accidental release of radioactive materials

(2) Poses a high probability of any of the following:

A large number of deaths in the affected population;
A large number of serious injuries or long-term disabilities in the affected population;
Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to a large number of people in the affected population;
International exposure to an infectious or toxic agent that poses a significant risk to the health of citizens of other countries; or
Trade and travel restrictions

Public health emergency refers to an occurrence or imminent threat of an illness or health condition that:

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PRESIDENTIAL DECREE 856: CODE ON SANITATION

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REPUBLIC ACT 8749: CLEAN AIR ACT�

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REPUBLIC ACT 8749: CLEAN AIR ACT�

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REPUBLIC ACT 6675: GENERIC ACT

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REPUBLIC ACT 6675: GENERIC ACT

known as the "Universally Accessible Cheaper and Quality Medicines Act of 2008"
State to protect public health and, when the public interest or circumstances of extreme urgency so require, it shall adopt appropriate measures to promote and ensure access to affordable quality drugs and medicines for all.
State recognizes as a reserve instrument the regulation of prices of drugs and medicines, with clear accountability by the implementing authority as mandated in this Act, as one of the means to also promote and ensure access to quality affordable medicines.

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REPUBLIC ACT 7875: NATIONAL HEALTH INSURANCE ACT�

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REPUBLIC ACT 7875: NATIONAL HEALTH INSURANCE ACT�

known as the “National Health Insurance Act of 1995”
State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. Priority of the needs of the underprivileged, sick, elderly, disabled, women, and children shall be recognized.

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HEALTH INSURANCE PROGRAM

The compulsory health insurance program of the government as established in this Act, which shall provide universal health insurance coverage and ensure affordable, acceptable, available and accessible health care services for all citizens of the Philippines.

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REPUBLIC ACT NO. 9994: EXPANDED SENIOR CITIZEN’S ACT OF 2010�

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