Legal Aspects of Nursing Legal Aspects of Nursing Other Laws by pcherukumalla

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									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)
   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)
   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.
       It is an act instituting a national health
        insurance program for all Filipinos and
        establishing the PHIC for the purpose
   RA 7877 – which is “ The Anti-Sexual
    Harassment Act of 1995”
       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 WELL-
      BEING 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
   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)
   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.

								
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