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Philippine Health Care Laws

ACCOUNTABILITY one`s liability to answer for his/her act/conduct. RESPONSIBILITY obligation to answer for an act done and to repair any injury it may had cause. FORTUITOUS EVENT created by man traffic not liable due beyond his control. REGISTRATION recording of names of person who have qualified under the law to practice their respective profession. LICENSE right/permission/authority to do a particular thing. NURSES LCENSE right to exercise a certain privilege and to pursue a certain profession or occupation. REPROCITY mutually in the grant and enjoyment of privilege REGISTRATION OF REPROCITY foreign nurses could be registered here in the Philippine because the requirements needed are also the same with their requirements.
ILLEGAL ABORTION termination of product of conception before the age of viability. INFANTICIDE crime committed of person killed is age < 72h or <3days old PARRICIDE killing of a person with relationship, ex. Bro in-law, sis, - relative HOMICIDE killed a person to whom you have no relationship- product of negligence. MURDER killing of a person with intension. SIMULATION OF BIRTH any person who shall substitute 1 child or identity of a child for the purpose of losing his civil status.

MALPRACTICE implies idea of improper/unskilful care to a patient by a nurse Only professional license people are liable for malpractice Non license charge with negligence Negligence and malpractice are in the same prudence of sound mind. doing acts or conducts that you are not authorized/ licensed/ competent/ skilled to perform, resulting to injuries/ non injurious consequences RN exceeding the scope of nursing practice & does an MDs job.
Episioraphy after proper training, RN can perform this procedure. In absence of fetal & maternal aberration, RN can perform internal examination

NEGLIGENCE commission/omission of an act pursuant to a duty that a responsible prudent person would/would not do and acting/non-acting is the proximate cause of injury to another person.
failure to do something which a reasonable & prudent person should have done.

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CRIMES AFFECTING RNs Classification: 1.) Manner of its commission dolo (deceit) with criminal content - culpa (fault) without criminal intention, negligence 2.)Stages of execution Consumated all elements to commit crime were all present. Frustrated offender performs everything to consummate but it did not happen for reasons beyond his control Attempted overt acts mere intensions to commit crime. 3.) Degree of participation Principal indispensable. Without the principal = no crime- author of crime Accomplice with or without accomplice = crime will happen - dispensable, look out. - enters scene before or during crime Accessory enters scene after crime is committed conceals/ destroys evidence.

Elements to prove negligence 1. Duty 2. Failure to do his duty Injury, harm, death= result

Negligence can be cause by: 1. lack of skills 2. Ignorance 3. Carelessness MISDEMEANOR/FRAUDELENT MISREPRESENTATION is a general name for a criminal offense which does not in law amount to the grade of a felony. Imprisonment for less than 1 year to 5 years/with a fine not exceeding P 5,000.00 or both, with parole. Act falling within the domain of practice of establish profession by any person who shall practice any professional without any valid license. Ways of/Manner of Committing Misdemeanor 1. any person assuming/using title RN without conferred with such title 2. any person appending to her name RN/BSN without being conferred with such title 3. advertising any title of description tending to convey the expression as a nurse when she is not a RN.

4. Using the nurses uniform and cup without holding a valid certificate of registration of nurse as issued by board of nursing. 5. Any person practice nursing in the Philippines without a certificate of registration as a nurse or without having been exempted from examination and registration. 6. A person who uses expired, suspended, revoke certification of registration 7. One who gives a false evidence to the BON in order to obtain a certificate of registration. THREE DOCTRINE FOR LIABILITY FOR NEGLIGENCE 1. Doctrine of Res Ipsa Loquitor when a thing which has caused an injury is shown to be under the management of the party charged with negligence, and the accident is such as in the ordinary cause of thing will not happen if those who have such management use proper care, the accident itself affords reasonable evidence in the absence of explanation by the parties charged, that it arouse from the want of proper care. the thing speaks for itself obvious fault

Reasons for the Rule: 1. The thing causing the accident lies within the exclusive control of the defendant. 2. That the defendant has a better opportunity to know conditions of the thing under his control/management than person injured. 3. The accident would not happen when the defendant/his servant used the thing in a proper and careful manner. Conditions Necessary for the Application of the Doctrine Res Ipsa Loquitor 1. the injury was of such nature that it would not normally occur unless there was negligent act on the part of someone. 2. That the plaintiff himself did not himself engage in any manners that would tend to bring about the injury. 2. Respondeate Superior that the principal/master be answerable for the acts of his agents or servants. CAPTAIN OF THE SHIP DOCTRINE 3. FORCE MAJEURE is an irresistible/superior force. It is a fact/accident which human prudence can neither foresee nor prevent. It is a fortuitous event, or an accident produced by physical cause which is irresistible. No person shall be liable for this events which could not be foresee within human prudence.

God nature storm, earthquake, flood, - not liable

REPUBLIC ACT an act passed by the Congress of the Philippines, while the form of government is Republican government. Republic Act 349 Legalizes the use of human organs for surgical, medical and scientific purposes. Republic Act 1054 Requires the owner, lessee or operator of any commercial, industrial or agricultural establishment to furnish free emergency, medical and dental assistance to his employees and laborers. Republic Act 1080 Civil Service Eligibility Republic Act 1082 Rural Health Unit Act Republic Act 1136 Act recognizing the Division of Tuberculosis in the DOH Republic Act 1612 Privilege Tax/Professional tax/omnibus tax should be paid January 31 of each year Republic Act 1891 Act strengthening Health and Dental services in the rural areas Republic Act 2382 Philippine Medical Act which regulates the practice of medicines in the Philippines Republic Act 2644 Philippine Midwifery Act Republic Act 3573 Law on reporting of Communicable Diseases Republic Act 4073 Liberalized treatment of Leprosy Republic Act 4226 Hospital Licensure Act requires all hospital to be licensed before it can operative Republic Act 5181 Act prescribing permanent residence and reciprocity as qualifications for any examination or registration for the practice of any profession inthe Philippines Republic Act 5821 The Pharmacy Act Republic Act 5901 40 hours work for hospital workers Republic Act 6111 Medicare Act Republic Act 6365 Established a National Policy on Population and created the Commission on population Republic Act 6425 Dangerous Drug Act of 1992 Republic Act 6511 Act to standardize the examination and registration fees charged by the National Boards, and for other purposes. Republic Act 6675 Generics Act of 1988 Republic Act 6713 Code of Conduct and Ethical Standards for Public Officials and Employees

Republic Act 6725 Act strengthening the prohibition on discrimination against women with respect to terms and condition of employment Republic Act 6727 Wage Rationalization Act Republic Act 6758 Standardized the salaries Republic Act 6809 Majority age is 18 years old Republic Act 6972 Day care center in every Barangay Republic Act 7160 Local Government Code Republic Act 7164 Philippine Nursing Act of 1991 Republic Act 7170 Law that govern organ donation Republic Act 7192 Women in development nation building Republic Act 7277 Magna Carta of Disabled Persons Republic Act 7305 The Magna Carta of public Health Workers Republic Act 7392 Philippine Midwifery Act of 1992 Republic Act 7432 Senior Citizen Act Republic Act 7600 Rooming In and Breastfeeding Act of 1992 Republic Act 7610 Special protection of children against abuse, exploitation and discrimination act Republic Act 7624 Drug Education Law Republic Act 7641 New Retirement Law Republic Act 7658 An act prohibiting the employment of children below 15 years of age Republic Act 7719 National Blood Service Act of 1994 Republic Act 7875 National Health Insurance Act of 1995 Republic Act 7876 Senior Citizen Center of every Barangay Republic Act 7877 Anti-sexual harassment Act of 1995 Republic Act 7883 Barangay Health workers Benefits and Incentives Act of 1992 Republic Act 8042 Migrant Workers and Overseas Filipino Act of 1995 Republic Act 8172 Asin Law Republic Act 8187 Paternity Leave Act of 1995 Republic Act 8203 Special Law on Counterfeit Drugs Republic Act 8282 Social Security Law of 1997 (amended RA 1161) Republic Act 8291 Government Service Insurance System Act of 1997 (amended PD 1146) Republic Act 8344 Hospital Doctors to treat emergency cases referred for treatment Republic Act 8423 Philippine Institute of Traditional and Alternative Medicine

Republic Act 8424 Personal tax Exemption Republic Act 8749 The Philippine Clean Air Act of 1999 Republic Act 8981 PRC Modernization Act of 2000 Republic Act 9165 Comprehensive Dangerous Drugs Act 2002 Republic Act 9173 Philippine Nursing Act of 2002 Republic Act 9288 Newborn Screening Act PRESIDENTIAL DECREE An order of the President. This power of the President which allows him/her to act as legislators was exercised during the Marshall Law period. Presidential Decree 46 An act making it punishable for any public officials or employee, whether of the national or local government, to receive directly or indirectly any gifts or valuable things Presidential Decree 48 Limits benefits of paid maternity leave privileges to four children Presidential Decree 69 Limits the number of children to four (4) tax exemption purposes Presidential Decree 79 Population Commission Presidential Decree 147 Declares April and May as National Immunization Day Presidential Decree 148 Regulation on Woman and Child Labor Law Presidential Decree 166 Strengthened Family Planning program by promoting participation of private sector in the formulation and implementation of program planning policies. Presidential Decree 169 Requiring Attending Physician and/or persons treating injuries resulting from any form of violence. Presidential Decree 223 Professional Regulation Commission Presidential Decree 442 Labor Code Promotes and protects employees self-organization and collective bargaining rights. Provision for a 10% right differential pay for hospital workers. Presidential Decree 491 Nutrition Program Presidential Decree 539 Declaring last week of October every as Nurses Week. October 17, 1958 Presidential Decree 541 Allowing former Filipino professionals to practice their respective professions in the Philippines so they can provide the latent and expertise urgently needed by the homeland Presidential Decree 568 Role of Public Health midwives has been expanded after the implementation of the Restructed Health Care Delivery System (RHCDS) Presidential Decree 603 Child and Youth Welfare Act / Provision on Child Adoption

Presidential Decree 626 Employee Compensation and State Insurance Fund. Provide benefits to person covered by SSS and GSIS for immediate injury, illness and disability. Presidential Decree 651 All births and deaths must be registered 30 days after delivery. Presidential Decree 825 Providing penalty for improper disposal garbage and other forms of uncleanliness and for other purposes. Presidential Decree 851 13th Month pay Presidential Decree 856 Code of Sanitation Presidential Decree 965 Requiring applicants for Marriage License to receive instruction on family planning and responsible parenthood. Presidential Decree 996 Provides for compulsory basic immunization for children and infants below 8 years of age. Presidential Decree 1083 Muslim Holidays Presidential Decree 1359 A law allowing applicants for Philippine citizenship to take Board Examination pending their naturalization. Presidential Decree 1519 Gives medicare benefits to all government employees regardless of status of appointment. Presidential Decree 1636 requires compulsory membership in the SSS and self-employed Presidential Decree 4226 Hospital Licensure Act PROCLAMATION an official declaration by the Chief Executive / Office of the President of the Philippines on certain programs / projects / situation Proclamation No.6 UNs goal of Universal Child Immunization; involved NGOs in the immunization program Proclamation No. 118 Professional regulation Week is June 16 to 22 Proclamation No. 499 National AIDS Awareness Day Proclamation No. 539 Nurses Week Every third week of October Proclamation No. 1275 Declaring the third week of October every year as Midwifery Week LETTER OF INSTRUCTION An order issued by the President to serve as a guide to his/her previous decree or order. LOI 47 Directs all school of medicine, nursing, midwifery and allied medical professions and social work to prepare, plan and implement integration of family planning in their curriculum to require their graduate to take the licensing examination. LOI 949 Act on health and health related activities must be integrated with other activities of the overall national development program. Primary Health Care (10-19-79)

LOI 1000 Government agencies should be given preference to members of the accredited professional organization when hiring EXECUTIVE ORDER an order issued by the executive branch of the government in order to implement a constructional mandate or a statutory provision. Executive Order 51 The Milk Code Executive Order 174 National Drug Policy on Availability, Affordability, Safe, Effective and Good Quality drugs to all Executive Order 180 Government Workers Collective Bargaining Rights Guidelines on the right to Organize of government employee. Executive Order 203 List of regular holidays and special holidays Executive Order 209 The Family Code (amended by RA 6809) Executive Order 226 Command responsibility Executive Order 503 Provides for the rules and regulations implementing the transfer of personnel, assets, liabilities and records of national agencies whose functions are to be devoted to the local government units. Executive Order 857 Compulsory Dollar Remittance Law Other Important Information Administrative Order 114 Revised/updated the roles and functions of the Municipal Health Officers, Public Health Nurses and Rural Midwives ILO Convention 149 Provides the improvement of life and work conditions of nursing personnel.