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o R.A.

9173 or THE
PHILIPPINE NURSING ACT OF
2002
REPUBLIC ACT NO. 9173
o An Act Providing For A More
Responsive Nursing Profession,
Repealing For The Purpose Republic
Act No. 716, !ther"ise #no"n As
$The Philippine Nursing Act !f 1%%1$
And For !ther Purposes
o This Act shall be &no"n as the
$Philippine Nursing Act of '(('.$
CREATION AND
COMPOSITION OF THE BOARD
o There shall be created a
Professional Regulator) *oard of
Nursing, hereinafter referred to as
the *oard, to be co+posed of a
,hairperson and si- .6/ +e+bers.
o The) shall be appointed b) the
president of the Republic of the
Philippines fro+ a+ong t"o .'/
reco++endees, per vacanc), of the
Professional Regulation ,o++ission,
hereinafter referred to as the
,o++ission, chosen and ran&ed
fro+ a list of three .0/ no+inees, per
vacanc), of the accredited
professional organi1ation of nurses in
the Philippines "ho possess the
2uali3cations prescribed in 4ection
of this Act.
QUALIFICATIONS OF THE
CHAIRPERSON AND MEMBERS OF
THE BOARD
o .a/ *e a natural born citi1en
and resident of the Philippines5
o .b/ *e a +e+ber of good
standing of the accredited
professional organi1ation of nurses5
o .c/ *e a registered nurse and
holder of a +aster6s degree in
nursing, education or other allied
+edical profession conferred b) a
college or universit) dul) recogni1ed
b) the 7overn+ent8 Provided, That
the +a9orit) of the +e+bers of the
*oard shall be holders of a +aster6s
degree in nursing8 Provided, further,
That the ,hairperson shall be a
holder of a +aster6s degree in
nursing5
o .d/ :ave at least ten .1(/ )ears
of continuous practice of the
profession prior to appoint+ent8
Provided, however, That the last 3ve
.;/ )ears of "hich shall be in the
Philippines5 and
o .e/ Not have been convicted of
an) o<ense involving +oral
turpitude5 Provided, That the
+e+bership to the *oard shall
represent the three .0/ areas of
nursing, na+el)8 nursing education,
nursing service and co++unit)
health nursing.
REQUIREMENTS UPON
QUALIFICATION AS MEMBER OF
THE BOARD OF NURSING
o An) person appointed as
,hairperson or Me+ber of the *oard
shall i++ediatel) resign fro+ an)
teaching position in an) school,
college, universit) or institution
o<ering *achelor of 4cience in
Nursing and=or revie" progra+ for
the local nursing board e-a+inations
or in an) o>ce or e+plo)+ent in the
govern+ent or an) subdivision,
agenc) or instru+entalit) thereof,
including govern+ent?o"ned or
controlled corporations or their
subsidiaries as "ell as these
e+plo)ed in the private sector.
o :e=she shall not have an)
pecuniar) interest in or
ad+inistrative supervision over an)
institution o<ering *achelor of
4cience in Nursing including revie"
classes.
TERM OF OFFICE
o The ,hairperson and Me+bers
of the *oard shall hold o>ce for a
ter+ of three .0/ )ears and until their
successors shall have been
appointed and 2uali3ed8 Provided,
That the ,hairperson and +e+bers
of the *oard +a) be re?appointed for
another ter+.
o An) vacanc) in the *oard
occurring "ithin the ter+ of a
Me+ber shall be 3lled for the
une-pired portion of the ter+ onl).
@ach Me+ber of the *oard shall ta&e
the proper oath of o>ce prior to the
perfor+ance of his=her duties.
o The incu+bent ,hairperson
and Me+bers of the *oard shall
continue to serve for the re+ainder
of their ter+ under Republic Act No.
716 until their replace+ents have
been appointed b) the President and
shall have been dul) 2uali3ed.
COMPENSATION OF THE
BOARD MEMBERS
o The ,hairperson and Me+bers
of the *oard shall receive
co+pensation and allo"ances
co+parable to the co+pensation and
allo"ances received b) the
,hairperson and +e+bers of other
professional regulator) boards.
Ad+inistrative 4upervision of
the *oard, ,ustodian of its Records,
4ecretariat and 4upport 4ervices
o The *oard shall be under the
ad+inistrative supervision of the
,o++ission.
o All records of the *oard,
including applications for
e-a+inations, ad+inistrative and
other investigative cases conducted
b) the *oard shall be under the
custod) of the ,o++ission.
o The ,o++ission shall
designate the 4ecretar) of the *oard
and shall provide the secretariat and
other support services to i+ple+ent
the provisions of this Act.
o THE BOARD SHALL
SUPERVISE AND REGULATE THE
PRACTICE OF THE NURSING
PROFESSION AND SHALL HAVE
THE FOLLOWING POWERS
DUTIES AND FUNCTIONS!
o .a/ ,onduct the licensure
e-a+ination for nurses5
o .b/ Assue, suspend or revo&e
certi3cates of registration for the
practice of nursing5
Po"ers and Buties of the *oard
o .c/ Monitor and enforce 2ualit)
standards of nursing practice in the
Philippines and e-ercise the po"ers
necessar) to ensure the
+aintenance of e>cient, ethical and
technical, +oral and professional
standards in the practice of nursing
ta&ing into account the health needs
of the nation5
o .d/ @nsure 2ualit) nursing
education b) e-a+ining the
prescribed facilities of universities or
colleges of nursing or depart+ents of
nursing education and those see&ing
per+ission to open nursing courses
to ensure that standards of nursing
education are properl) co+plied "ith
and +aintained at all ti+es. The
authorit) to open and close colleges
of nursing and=or nursing education
progra+s shall be vested on the
,o++ission on :igher @ducation
upon the "ritten reco++endation of
the *oard5
o .e/ ,onduct hearings and
investigations to resolve co+plaints
against nurse practitioners for
unethical and unprofessional conduct
and violations of this Act, or its rules
and regulations and in connection
there"ith, issue subpoena ad
testifcandum and subpoena duces
tecum to secure the appearance of
respondents and "itnesses and the
production of docu+ents and punish
"ith conte+pt persons obstructing,
i+peding and=or other"ise
interfe+ing "ith the conduct of such
proceedings, upon application "ith
the court5
o .f/ Pro+ulgate a ,ode of @thics
in coordination and consultation "ith
the accredited professional
organi1ation of nurses "ithin one .1/
)ear fro+ the e<ectivit) of this Act5
o .g/ Recogni1e nursing specialt)
organi1ations in coordination "ith
the accredited professional
organi1ation5 and
o .h/ Prescribe, adopt issue and
pro+ulgate guidelines, regulations,
+easures and decisions as +a) be
necessar) for the i+prove+ents of
the nursing practice, advance+ent of
the profession and for the proper and
full enforce+ent of this Act sub9ect to
the revie" and approval b) the
,o++ission.
ANNUAL REPORT
o The *oard shall at the close of
its calendar )ear sub+it an annual
report to the President of the
Philippines through the ,o++ission
giving a detailed account of its
proceedings and the
acco+plish+ents during the )ear
and +a&ing reco++endations for
the adoption of +easures that "ill
upgrade and i+prove the conditions
a<ecting the practice of the nursing
profession.
REMOVAL OR SUSPENSION
OF BOARD MEMBERS
o The president +a) re+ove or
suspend an) +e+ber of the *oard
after having been given the
opportunit) to defend hi+self=herself
in a proper ad+inistrative
investigation, on the follo"ing
grounds5
o .a/ ,ontinued neglect of dut)
or inco+petence5
o .b/ ,o++ission or toleration of
irregularities in the licensure
e-a+ination5 and
o .c/ Cnprofessional i++oral or
dishonorable conduct.
LICENSURE E"AMINATION
o All applicants for license to
practice nursing shall be re2uired to
pass a "ritten e-a+ination, "hich
shall be given b) the *oard in such
places and dates as +a) be
designated b) the ,o++ission8
Provided, That it shall be in
accordance "ith Republic Act No.
D%D1, other"ise &no"n as the $PR,
Moderni1ation Act of '(((.$
QUALIFICATIONS FOR
ADMISSION TO THE LICENSURE
E"AMINATION
o .a/ :e=she is a citi1en of the
Philippines, or a citi1en or sub9ect of
a countr) "hich per+its Filipino
nurses to practice "ithin its territorial
li+its on the sa+e basis as the
sub9ect or citi1en of such countr)8
Provided, That the re2uire+ents for
the registration or licensing of nurses
in said countr) are substantiall) the
sa+e as those prescribed in this Act5
o .b/ :e=she is of good +oral
character5 and
o .c/ :e=she is a holder of a
*achelor6s Begree in Nursing fro+ a
college or universit) that co+plies
"ith the standards of nursing
education dul) recogni1ed b) the
proper govern+ent agenc).
SCOPE OF E"AMINATION
o The scope of the e-a+ination
for the practice of nursing in the
Philippines shall be deter+ined b)
the *oard. The *oard shall ta&e into
consideration the ob9ectives of the
nursing curriculu+, the broad areas
of nursing, and other related
disciplines and co+petencies in
deter+ining the sub9ects of
e-a+inations.
RATINGS
o An order to pass the
e-a+ination, an e-a+inee +ust
obtain a general average of at least
sevent)?3ve percent .7;E/ "ith a
rating of not belo" si-t) percent
.6(E/ in an) sub9ect.
o An e-a+inee "ho obtains an
average rating of sevent)?3ve
percent .7;E/ or higher but gets a
rating belo" si-t) percent .6(E/ in
an) sub9ect +ust ta&e the
e-a+ination again but onl) in the
sub9ect or sub9ects "here he=she is
rated belo" si-t) percent .6(E/.
o An order to pass the succeeding
e-a+ination, an e-a+inee +ust
obtain a rating of at least sevent)?
3ve percent .7;E/ in the sub9ect or
sub9ects repeated.
OATH
o All successful candidates in the
e-a+ination shall be re2uired to ta&e
an oath of profession before the
*oard or an) govern+ent o>cial
authori1ed to ad+inister oaths prior
to entering upon the nursing
practice.
ISSUANCE OF CERTIFICATE
OF
REGISTRATION#PROFESSIONAL
LICENSE AND PROFESSIONAL
IDENTIFICATION CARD
o A certi3cate of
registration=professional license as a
nurse shall be issued to an applicant
"ho passes the e-a+ination upon
pa)+ent of the prescribed fees.
o @ver) certi3cate of
registration=professional license shall
sho" the full na+e of the registrant,
the serial nu+ber, the signature of
the ,hairperson of the ,o++ission
and of the Me+bers of the *oard,
and the o>cial seal of the
,o++ission.
o Fees for Examination and
Registration. ? Applicants for
licensure and for registration shall
pa) the prescribed fees set b)
,o++ission.
o Automatic Registration of
Nurses. ? All nurses "hose na+es
appear at the roster of nurses shall
be auto+aticall) or ipso facto
registered as nurses under this Act
upon its e<ectivit).
REGISTRATION B$
RECIPROCIT$
o A certi3cate of
registration=professional license +a)
be issued "ithout e-a+ination to
nurses registered under the la"s of a
foreign state or countr)8 Provided,
That the re2uire+ents for
registration or licensing of nurses in
said countr) are substantiall) the
sa+e as those prescribed under this
Act8 Provided, further, That the la"s
of such state or countr) grant the
sa+e privileges to registered nurses
of the Philippines on the sa+e basis
as the sub9ects or citi1ens of such
foreign state or countr).
PRACTICE THROUGH
SPECIAL#TEMPORAR$ PERMIT
o A special=te+porar) per+it
+a) be issued b) the *oard to the
follo"ing persons sub9ect to the
approval of the ,o++ission and
upon pa)+ent of the prescribed fees8
o .a/ Ficensed nurses fro+
foreign countries=states "hose
service are either for a fee or free if
the) are internationall) "ell?&no"n
specialists or outstanding e-perts in
an) branch or specialt) of nursing5
o .b/ Ficensed nurses fro+
foreign countries=states on +edical
+ission "hose services shall be free
in a particular hospital, center or
clinic5 and
o .c/ Ficensed nurses fro+
foreign countries=states e+plo)ed b)
schools=colleges of nursing as
e-change professors in a branch or
specialt) of nursing5
NURSING EDUCATION
PROGRAM.
o ? The nursing education
progra+ shall provide sound general
and professional foundation for the
practice of nursing.
o The learning e-periences shall
adhere strictl) to speci3c
re2uire+ents e+bodied in the
prescribed curriculu+ as
pro+ulgated b) the ,o++ission on
:igher @ducation6s policies and
standards of nursing education.
REQUIREMENT FOR
INACTIVE NURSES RETURNING
TO PRACTICE
o Nurses "ho have not activel)
practiced the profession for 3ve .;/
consecutive )ears are re2uired to
undergo one .1/ +onth of didactic
training and three .0/ +onths of
practicu+. The *oard shall accredit
hospitals to conduct the said training
progra+.
QUALIFICATIONS OF THE
FACULT$
o .a/ *e a registered nurse in the
Philippines5
o .b/ :ave at least one .1/ )ear
of clinical practice in a 3eld of
speciali1ation5
o .c/ *e a +e+ber of good
standing in the accredited
professional organi1ation of nurses5
and
o .d/ *e a holder of a +aster6s
degree in nursing, education, or
other allied +edical and health
sciences conferred b) a college or
universit) dul) recogni1ed b) the
7overn+ent of the Republic of the
Philippines.
SCOPE OF NURSING
o A person shall be dee+ed to
be practicing nursing "ithin the
+eaning of this Act "hen he=she
singl) or in collaboration "ith
another, initiates and perfor+s
nursing services to individuals,
fa+ilies and co++unities in an)
health care setting.
o At includes, but not li+ited to,
nursing care during conception,
labor, deliver), infanc), childhood,
toddler, preschool, school age,
adolescence, adulthood, and old age.
o As independent practitioners,
nurses are pri+aril) responsible for
the pro+otion of health and
prevention of illness.
o A +e+bers of the health tea+,
nurses shall collaborate "ith other
health care providers for the
curative, preventive, and
rehabilitative aspects of care,
restoration of health, alleviation of
su<ering, and "hen recover) is not
possible, to"ards a peaceful death.
I% &'()) *+ %'+ ,-%. o/ %'+
0-r&+ %o!
o .a/ Provide nursing care
through the utili1ation of the nursing
process.
o .b/ establish lin&ages "ith
co++unit) resources and
coordination "ith the health tea+5
o .c/ Provide health education to
individuals, fa+ilies and
co++unities5
o .d/ Teach, guide and supervise
students in nursing education
progra+s including the
ad+inistration of nursing services in
varied settings
o .e/ Cnderta&e nursing and
health hu+an resource develop+ent
training and research, "hich shall
include, but not li+ited to, the
develop+ent of advance nursing
practice5
QUALIFICATION OF
NURSING SERVICE
ADMINISTRATORS
o .a/ *e a registered nurse in the
Philippines5
o .b/ :ave at least t"o .'/ )ears
e-perience in general nursing service
ad+inistration5
o .c/ Possess a degree of
*achelors of 4cience in Nursing, "ith
at least nine .%/ units in
+anage+ent and ad+inistration
courses at the graduate level5 and
o .d/ *e a +e+ber of good
standing of the accredited
professional organi1ation of nurses5
STUDIES FOR NURSING
MANPOWER NEEDS
PRODUCTION UTILI1ATION AND
DEVELOPMENT
o The *oard, in coordination "ith
the accredited professional
organi1ation and appropriate
govern+ent or private agencies shall
initiate underta&e and conduct
studies on health hu+an resources
production, utili1ation and
develop+ent.
COMPREHENSIVE NURSING
SPECIALT$ PROGRAM
o Githin ninet) .%(/ da)s fro+
the e<ectivit) of this Act, the *oard
in coordination "ith the accredited
professional organi1ation recogni1ed
specialt) organi1ations and the
Bepart+ent of :ealth is hereb)
+andated to for+ulate and develop
a co+prehensive nursing specialt)
progra+ that "ould upgrade the
level of s&ill and co+petence of
specialt) nurse clinicians in the
countr), such as but not li+ited to
the areas of critical care, oncolog),
renal and such other areas as +a)
be deter+ined b) the *oard.
SALAR$
o An order to enhance the
general "elfare, co++it+ent to
service and professionalis+ of nurses
the +ini+u+ base pa) of nurses
"or&ing in the public health
institutions shall not be lo"er than
salar) grade 1; prescribes under
Republic Act No. 67;D, other"ise
&no"n as the $,o+pensation and
,lassi3cation Act of 1%D%$8 Provided,
That for nurses "or&ing in local
govern+ent units, ad9ust+ents to
their salaries shall be in accordance
"ith 4ection 1( of the said la".
FUNDING FOR THE
COMPREHENSIVE NURSING
SPECIALT$ PROGRAM
o The annual 3nancial
re2uire+ent needed to train at least
ten percent .1(E/ of the nursing
sta< of the participating govern+ent
hospital shall be chargeable against
the inco+e of the Philippine ,harit)
4"eepsta&es !>ce and the
Philippine A+use+ent and 7a+ing
,orporation, "hich shall e2uall)
share in the costs and shall be
released to the Bepart+ent of :ealth
sub9ect to accounting and auditing
procedures8 Provided, That the
depart+ent of :ealth shall set the
criteria for the avail+ent of this
progra+.
INCENTIVES AND BENEFITS
o The *oard of Nursing, in
coordination "ith the Bepart+ent of
:ealth and other concerned
govern+ent agencies, association of
hospitals and the accredited
professional organi1ation shall
establish an incentive and bene3t
s)ste+ in the for+ of free hospital
care for nurses and their
dependents, scholarship grants and
other non?cash bene3ts.
o The govern+ent and private
hospitals are hereb) +andated to
+aintain the standard nurse?patient
ratio set b) the Bepart+ent of
:ealth.
PENAL AND
MISCELLANEOUS PROVISIONS
o Prohibitions in the Practice
of Nursing. - A 3ne of not less than
Fift) thousand pesos .P;(,(((.((/
nor +ore than !ne hundred
thousand pesos .P1((,(((.((/ or
i+prison+ent of not less than one
.1/ )ear nor +ore than si- .6/ )ears,
or both, upon the discretion of the
court, shall be i+posed upon8
o .a/ an) person practicing
nursing in the Philippines "ithin the
+eaning of this Act8
o .1/ "ithout a certi3cate of
registration=professional license and
professional identi3cation card or
special te+porar) per+it or "ithout
having been declared e-e+pt fro+
e-a+ination in accordance "ith the
provision of this Act5 or
o .'/ "ho uses as his=her o"n
certi3cate of registration=professional
license and professional
identi3cation card or special
te+porar) per+it of another5 or
o .0/ "ho uses an invalid
certi3cate of registration=professional
license, a suspended or revo&ed
certi3cate of registration=professional
license, or an e-pired or cancelled
special=te+porar) per+its5 or
o ./ "ho gives an) false
evidence to the *oard in order to
obtain a certi3cate of
registration=professional license, a
professional identi3cation card or
special per+it5 or
o .;/ "ho falsel) poses or
advertises as a registered and
licensed nurse or uses an) other
+eans that tend to conve) the
i+pression that he=she is a
registered and licensed nurse5 or
o .6/ "ho appends *.4.N.=R.N.
.*achelor of 4cience in
Nursing=Registered Nurse/ or an)
si+ilar appendage to his=her na+e
"ithout having been coferred said
degree or registration5
o .7/ "ho, as a registered and
licensed nurse, abets or assists the
illegal practice of a person "ho is not
la"full) 2uali3ed to practice nursing.
o .b/ an) person or the chief
e-ecutive o>cer of a 9udicial entit)
"ho underta&es in?service
educational progra+s or "ho
conducts revie" classes for both
local and foreign e-a+ination
"ithout per+it=clearance fro+ the
*oard and the ,o++ission5 or
o .c/ an) person or e+plo)er of
nurses "ho violate the +ini+u+
base pa) of nurses and the
incentives and bene3ts that should
be accorded the+ as speci3ed in
4ections 0' and 05 or
o .d/ an) person or the chief
e-ecutive o>cer of a 9uridical entit)
violating an) provision of this Act and
its rules and regulations.
o LEGAL RESPONSIBILITIES
OF NURSES
LAW
o At is de3ned as the Principles H
regulations established b) the govt.
or other authorit) H applicable to a
people, "hether b) legislation or b)
custo+ enforced b) 9udicial decision.
FUNCTIONS OF LAW IN
NURSING
o Provides a fra+e"or& for
establishing "hich nursing actions in
the care of client are legal.
o At di<erentiates the nurseIs
responsibilities fro+ those of other
health professional.
o At helps establish the
boundaries of independent nursing
action.
o At assists in +aintaining a
standard of nursing practice b)
+a&ing nurseIs accountable under
the la".
N-r&+ Pr(2%32+ A2%& 4
L32+0&-r+
o la"s established b) the
legislature in each state to regulate
the practice of nursing8
designed to protect public
create a state board .regulator) bod)
to enforce rules and regulations of
nursing practice/
de3ne legal re2uire+ents H titles for
RNs, FPNs, ,NAs .in N,/
@stablish criteria for education
licensure
L32+0&-r+
o Fegal tire that attests to basic
degree of co+petenc)
o Fegal credential conferred b) a
state that gives an individual the
right to practice a profession
P-r5o&+& o/ N-r&306
L32+0&-r+
o Protection of the public
o Ma&e practitioners accountable
for their actions .autono+)/
T$PES OF LAW
o P-*)32 L(7
o,onstitutional Fa"
oAd+inistrative Fa"
o,ri+inal Fa"
o C383) L(7
,ontract la"
Tort Fa"
PUBLIC LAW
o deals "ith an individualIs
relationship to the state.
o Co0&%3%-%3o0() L(7
oset of basic la"s that de3nes and
li+its the po"ers of govern+ent.
oNurse +aintains rights as an
individual.
o@-8 ,onstitutional Rights, ,ivil Rights
4tate ,onstitution
o A,9303&%r(%38+ L(7
oBeveloped b) groups "ho are
appointed to govern+ental
ad+inistrative agencies.
o@-8 Food, Brug and ,os+etic Act5
4ocial 4ecurit) Act5 Nurse Practice
Act
o Cr3930() L(7
oActs or o<enses against the "elfare
or safet) of the public.
o@-8 ,ontrolled 4ubstance Act5
,ri+inal ,odes
CIVIL LAW
o deals "ith cri+es against a
person or persons .bet"een the
nurse and patient/
o Co0%r(2% )(7
o@nforce+ent of agree+ents a+ong
private individuals
o@-8 @le+ents of Pro+ise, Mutual
Cnderstanding and ,o+pensation
@+plo)+ent ,ontracts
o Tor% L(7
o@nforce+ent of duties and rights
a+ong independent of contractual
agree+ents.
oAt is a civil "rong co++itted on a
person or propert) ste++ing fro+
either a direct invasion of so+e legal
right of the person, infraction of
so+e public dut), or the violation of
so+e private obligation b) "hich
da+ages accrue to the person.
oAntentional and Cnintentional
Tor% )(7
o I0%+0%3o0() Tor%&
oThe) are deliberate or "illful actions
in "hich the intent is to cause in9ur)
to a person .or/ propert)
o@-a+ples8
oAssault and *atter)
oFalse A+prison+ent
oTrespass
oFraud
A&&(-)%
At is an atte+pt .or/ intentional threat
to +a&e har+ful or o<ensive contact
"ith another individual.
@-8 threat to give in9ection "hen the
client has refused consent.
B(%%+r.
*atter) is an) intentional touching
"ithout consent.
A batter) al"a)s include an assault
@-8 Touching the clients private part
for a procedure "ithout ta&ing
consent.
F()&+ 395r3&o09+0%
Af a person is +ade to sta) in a place
against his=her. The person is
detained con3ned.or/ restrained
against his "ill.
Tr+&5(&&
At is an unauthori1ed handling of
another personIs personal propert).
Fr(-,
l)ing about data=facts
o U030%+0%3o0() Tor%&
N+6)36+02+ .breach of dut)/ J
failure of an individual to provide
care that a reasonable person "ould
ordinaril) use in a si+ilar
circu+stance.
Co99o0 &o-r2+& o/ 0+6)36+02+!
Medications errors that results in
in9ur) to the client.
AK therap) errors resulting in
in3ltration of phlebitis.
*urns caused b) e2uip+ent.
Falls resulting in in9ur)..
M()5r(2%32+
At includes professional
+isconduct,breach of a dut) or
standard of care,illegal or i++oral
conduct or failure to e-ercise
reasonable s&ill,all of "hich lead to
har+.
At is +ore serious than negligence
because it indicates professional
+isconduct in perfor+ing duties.
@-a+ples8?
Feaving foreign ob9ects inside the
clients bod) during surger).
Failure to observe and report a
change in the clientIs condition.
A*(0,o09+0%
At is a t)pe of negligence in "hich a
dut) to give care e-ists but is
ignored and results in har+ to a
patient.
6 ,!MM!N ,AT@7!RA@4 !F
N@7FA7@N,@ R@4CFTAN7 AN
MAFPRA,TA,@ 4CAT4
F(3)-r+ To!
follo" standard of care
use e2uip+ent in a responsible
+anner
co++unicate
docu+ent .if )ou didn6t docu+ent it,
)ou didn6t do it/
assess H +onitor
act as patient advocate
o SPECIFIC TORTS
At involves situations of
co++unications H often violates a
personIs reputation,personal privac)
of civil rights.
@-a+ple8
D+/(9(%3o0 4 I08(&3o0 o/
5r38(2..
CONSENT
Nurses +ust &no" their legal
responsibilities concerning a signed
letter fro+ the client for all routine
treat+ent,ha1ardous procedures
such as surger),che+otherap)
INFORMED CONSENT
An agree+ent b) a client to accept a
course of treat+ent or a procedure
after being full) infor+ed of it.
nformation to be given to a c!ient to
ma"e an informed consent#
Biagnosis or condition that re2uires
treat+ent
Purpose of treat+ent
Ghat the client can e-pect to feel or
e-perience
The intended bene3ts of the
procedure
Possible ris&s
Advantages and disadvantages of
alternatives to treat+ent
Anfor+ed ,onsent
$a!idit% of informed consent#
Koluntar)
Patient is capable and co+petent to
understand
,lient +ust be given enough
infor+ation
Fanguage used is understandable to
the client
Nurse&s ro!e in obtaining a c!ient&s
informed consent#
The nurse is not responsible for
e-plaining the +edical or surgical
procedure but for "itnessing the
clientIs signature on the consent
for+.
Nurse&s signature means#
,lient gave voluntar) consent after
receiving enough infor+ation
,lientIs signature is authentic
,lient appears co+petent to give
consent
An general the consent +a) be
ta&en fro+ the follo"ing persons8
o An) individual above 1D )ears.
o An) parent for his=her +inor
child.
REGULATION OF NURSING
PRACTICE
o Nursing practice falls under
both public la" and civil la".
o Af pub!ic !aw is violated, the
nurse can be punished b) pa)ing a
3ne, losing her license, or being
incarcerated.
o Af civi! !aw is violated, the client
+a) receive co+pensation for
in9uries but the nurse receives no 9ail
ti+e.
CONTRACTUAL
ARRANGEMENTS IN NURSING
o ,ontract J an agree+ent
bet"een t"o parties as to "hat "ill
transpire and the rules and
regulations governing the service
that "ill be provided.
o The legal agree+ent is
enforceable b) la" and those "ho
sign the agree+ent +ust be able to
legall) enter into a contract.
REPORTING CRIMES TORTS
AND UNSAFE PRACTICES
o Nurses +a) report colleagues
or other professionals if for practices
that endanger the health and safet)
of clients.
o This +a) include alcoholis+,
drug use, theft and unsafe nursing
practice.
LEGAL RESPONSIBILITIES IN
NURSING
o 4afeguards for the nurse and
student
o ,o++on sense precautions
o *e co+petent in practice
o As& for assistance
o Bocu+ent "ell
o Bo not give legal advice to
clients
o Bo not accept gifts
LEGAL RESPONSIBILITIES
OF NURSING STUDENTS
o As a nursing student )our onl)
legal responsibilities are to not do
an) intentional har+ to the patients.
o The clinical instructor "ill be
responsible for the student.
o Ghen doing a procedure, the
student +ust be supervised and
assisted .never b) )ourself/
Fegal protection in nursing
practice
o According to Medis+art8
Nursing @ducational Resources,
nursing practitioners can protect
the+selves fro+ +ost legal
proble+s b) follo"ing ; basic
guidelines8
o !btain an infor+ed consent
signature before treat+ent begins
o Bocu+ent all actions regarding
a patientIs care
o Report an) allegations of abuse
to"ard a vulnerable population
o Protect the patientIs right to
privac)
o Pa) strict attention to avoid
+edication dosing errors
RESPONSIBILITIES OF
NURSES IN PREVENTION OF
LEGAL PROBLEMS!
o Nurses +ust have co+plete
&no"ledge regarding the rules H
regulations, procedures and policies
of the hospital.
o The) +ust have their 9ob
descriptions .duties H
responsibilities/.
o The nurse +ust perfor+ onl)
those functions for "hich she or he
has been prepared b) the education
H e-perience.
o Accurate H co+prehensive
records and +ust be +aintained
properl) in all "ards.
o 4i- RIs 8?right patient, right
drug, right ti+e, right dose, right
route, H right techni2ue +ust be
follo"ed.

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