PROFESSIONAL ADJUSTMENT & NURSING JURISPRUDENCE Trina C.

Tan

Like other professions what is unique in Professional nursing? a. Its compassionate and caring roles b. Being a nurse advocate c. A well defined body of knowledge and expertise d. Its involvement in nursing research Definition of Terms:

Profession - a calling in which its members profess to have acquired special values, knowledge, training or by experience so that they may guide others in that special field. Characteristics of Profession 3 As 3 Ps Professionalism Patriotism Personal Governance Autonomy Authority Accountability

Nursing Profession - an occupation with a unique body of knowledge, training or by experience so that they may guide others in that special field. Professional Nursing - the performance for a fee or salary of professional services such as undertaking responsible nursing care, the observation of symptoms, accurate reporting & recording, supervision of others, execution of nursing procedures and execution of legal orders. Professional Nurse - a person whose name and registration/professional license number is entered in the Commissions registry book and computerized database as legally authorized to practice the nursing profession.

Professional Adjustment - the preparation of a nursing student for the responsibilities of professional and social life by the development of her capabilities in a way that would make her fit to enter upon the practice of nursing. Professional Expectations of a Nurse Emphasis on appearance Good health FIELDS OF NURSING Public Health Nursing - emphasis on promotion of health and prevention of diseases. Private Duty Nursing - give comprehensive nursing care to a client on a one -to-one ratio Occupational Health Nursing - focuses on promotion, protection, and supervision of workers health within the context of a safe and healthy work environment. Military Nursing - provides comprehensive and quality nursing care to all military personnel, their dependents and authorized relatives. School Health Nursing - responsible for the schools activities in the areas of health service, health education, and environmental health and safety. Clinic Nursing - must possess general nursing skills, must have excellent teaching and communication skills, exhibit organizational and leadership ability, possess good assessment skills, and have good insight in anticipating needs of patients. Nursing Education - career ladder in nursing education starts with a Clinical Instructors position up to the Dean of a College of Nursing. Institutional Nursing - involve assessment of the patients needs for nursing and planning for giving or providing the care either for personal care, rehabilitation measures or health instructions. Advanced Practice Nursing - requires the knowledge skills and supervised skills obtained through graduate study in nursing, this field covers the roles of the clinical nurse specialist.

Clinical Nurse Specialist (nurse specialist, nurse clinician or clinical specialist) - is an expert practitioner within a specialized field of nursing.

Independent Nursing Practice - the nurse is self-employed and provides professional nursing services to clients/ patients and their families. Q&A Which of the following serves as the legal basis and statute authority for the Board of Nursing to promulgate measures to effect the creation of a Specialty Certification Council and promulgate professional development programs for this group of nurse-professional? R.A. 7164 R.A. 9173 P.D. 223 R.A. 7610

a. b. c. d.

Comprehensive Nursing Specialty Program Mandated to formulate and develop a Comprehensive Nursing Specialty Program: BON in coordination with APO Recognized Specialty Org. DOH

Aim: upgrade the level of skill and competence of specialty nurse clinicians in the country, such as but not limited to the areas of critical care, oncology, renal and other areas as may be determined by the Board. Beneficiaries of the program are obliged to serve in any hospital for a period of at least 2 years of continuous service Nursing Specialty Certification Program was previously created on the basis of RA 7164, through Resolution No. 14 of the BON on February 18, 1999, and created a Nursing Certification Council under it to oversee the administration of new programs by the Specialty Certification Boards. Specialty Certification is defined in 3 perspectives 1. As a process

2. As a mechanism 3. As an act 3 Levels subject to Certification 1. Level 1 - Nurse Clinician I 2. Level II - Nurse Clinician II 3. Level III - Clinical Nurse Specialist a. b. c. d. Q&A A nurse should be cognizant that professional programs for specialty certification by the Board of Nursing are accredited through the: Professional Regulation Commission Nursing Specialty Certification Council Association of Deans of Philippine Colleges of Nursing Philippine Nurses Association Extra-professional Activities in Nursing

1. Membership in an Accredited Professional Organization National League of Government Nurses Association of Nursing Service Administrators of the Philippines, Inc. Association of Deans of Colleges of Nursing in the Philippines Military Nurses Association of the Philippines Occupational Health Nurses Association of the Philippines Private Duty Nurses Association of the Philippines Operating Room Nurses Association of the Philippines Psychiatric Nursing Specialists Foundation of the Philippines Catholic Nurses Guild of the Philippines Philippine Nurses Association Q&A

 a. b.

You are attending a certification program on cardiopulmonary resuscitation (CPR) offered and required by the hospital employing you. This is Professional course towards credits Continuing education

c. In-service education d. Advance training

2. Continuing Professional Education

Seminars Conferences Convention Workshop Distance Learning On-the-job training Doctoral Degree Masteral Degree Authorship Post Graduate/In-Service Training Fellowship Residency/ Externship 3. Nurses Week Celebration Proclamation No. 539 dated October 17, 1958 by the then President of the Philippines designated the last week of October of every year as the Nurses Week. Levels of Nursing Organization Level I - BON Level II - Cluster A Cluster B Cluster C

APO

Interest Group

Specialty Nursing Group

Level III- PNA Region and Chapters

ANSAP ADPCN CNGP NLGN APDNP MNAP GNCFI NCFPI

RENAP CCNAPI ORNAP OHNAP PHICNA PONA MCNAP other Specialty Groups

other Nursing groups I. RA 9173 Philippine Nursing Act of 2002 Scope of Nursing Practice

1. Provide nursing care through the utilization of nursing process. 2. Establish linkages with community resources and coordination with the health team. 3. Provide health education to individuals, families, and communities. 4. Teach, guide, supervise students in nursing education programs. 5. Undertake nursing and health human resource development training and research II. Organization of the Board of Nursing

1. Composition of the Board Chairperson 6 members 2. Qualifications a. Natural born citizen and resident of the Philippines b. RN and holder of Masters degree in nursing, education or other allied medical profession, provided, that (1) majority of the Members of the Board shall be a holder of Masters Degree in nursing, (2) Chairperson shall be a holder of a Masters Degree in Nursing c. 10 years continuous practice, the last 5 years shall be in the Philippines

d. Member of APO e. Not have been convicted of any offenses involving moral turpitude 3. Membership of the Board shall represent the 3 Areas of Nursing a. Nursing Education b. Nursing Service c. Community Health Nursing 4. Term of Office 3 years 5. Powers and Duties of the Board

Quasi-judicial 1. Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act. 2. Issue, suspend, revoke or reissue, re-instate certificates of registration for the practice of nursing Quasi-legislative 3. Prescribe, adopt, issue, and promulgate guidelines, regulations, measures, and decisions necessary for the improvement of the nursing practice. Quasi-executive 4. 5. Conduct the licensure examination Monitor and enforce quality standards of nursing practice in the Philippines

6. Ensure quality nursing education by examining the facilities of those seeking permission to open nursing courses. 7. Promulgate a Code of Ethics in coordination and consultation with the APO of nurses. 8. Recognize nursing specialty organizations in coordination with the APO.

6. Removal or Suspension of Board Members a. Continued neglect of duty or incompetence b. Commission or toleration of irregularities in the licensure examination

c. Unprofessional, immoral, or dishonorable conduct. III. Licensure Examination

a. Licensure examination schedule b. Qualifications for Admission 1. Citizen of the Philippines 2. A person of good moral character 3. Holder of a Bachelors Degree in Nursing c. Requirements 1. TOR 2. Certificate of Live Birth 3. Marriage Contract for female applicants 4. 4 passport size colored pic. With name tag white background 5. Community Tax Certificate d. Other requirements: 1. RLE Record 2. Cases 3. Interview for Second Courser e. Scope of Examination 1. Shall take into consideration the objectives of the nursing curriculum, the broad areas of nursing and other related disciplines and competencies. 2. Nursing Practice 1,2,3,4, and 5 3. Core Competencies Management of resources and environment Record Management Safe and quality nursing care Health Education

Communication Collaboration and teamwork Quality improvement Research Personal and professional development Ethico-moral responsibility Legal responsibility Ratings

Gen. Ave. of 75% No rating of 60% below in any subject g. Oath All successful candidates shall be required to take an oath of profession before the Board or any authorized government official. h. Automatic Registration All nurses whose names appear at the roster of nurses shall be automatically registered as nurses. i. . Registration by Reciprocity

A COR/PL may be issued without examination to nurses registered under the laws of a foreign state or country, provided, (1) that the requirements of the said country are the same under this act, (2) that the laws of such country grant the same privileges to RN of the Philippines. j. Practice through Special/Temporary

Permit 1. Licensed nurses from foreign countries whose service are either for free or for a fee if they are internationally well-known specialist or outstanding experts. 2. Licensed nurses from foreign countries on medical mission whose services shall be free.

3. Licensed nurses from foreign countries employed by schools/colleges of nursing as exchange professors. K. Non-registration and Non-issuance of COR / PL / STP 1. Convicted by final judgment of any criminal offense involving moral turpitude 2. Any person guilty of immoral or dishonorable conduct 3. Any person declared by the court to be of unsound mind l. Revocation and Suspension of COR / PL and Cancellation of STP 1. Any causes mentioned above. 2. Unprofessional / unethical conduct 3. Gross incompetence or serious ignorance 4. Malpractice or negligence 5. Use of fraud, deceit, or false statements in obtaining COR / PL / STP 6. For Violation of this Act, the rules and regulations, Code of Ethics and technical standards for nursing practice, policies of the Board. 7. Practice during suspension from such practice m. Issuance of COR / PL

Board Certificate Full name of the Professional Serial number Signature of the Chairperson of the Commission and members Official seal of the Commission Professional Identification Card Full name of the Professional License Number Date of Registration Date of issuance and expiration

 Signature of the Chairperson Bar code under the entry Registered Nurse and picture of the RN projected twice on the front IV. Nursing Education

a. Requirements for Inactive Nurses Returning to Practice 1 month didactic training 3 months practicum b. Qualifications of the Faculty 1. RN in the Philippines 2. At least 1 year of Clinical practice in the field of specialization 3. Holder of Masters Degree in Nursing, education or other allied medical and health sciences 4. Member of good standing in the APO of nurses C. Qualifications of Dean 1. / 2. 5 years experience 3. Masters Degree in Nursing 4. / V. Nursing Practice

a. Qualifications of Nursing Service Administrators 1. / 2. 2 years experience in general nursing service administration 3. At least 9 units in management and administration at the graduate level 4. / b. Qualifications of Chief Nurse or Director of Nursing 1. / 2. 5 years experience in supervisory or managerial position in nursing

3. Masters Degree major in Nursing 4. / c. Qualifications of Chief Nurse in a Primary Hospital Same as the qualifications of Nursing Service Administrators 1. / 2. / 3. / d. Qualifications of Chief Nurses in the Public Health Agencies - Same, priority for those who have a Masters Degree in Nursing e. Qualifications of Chief Nurses in Military Hospital 1. / 2. Masters Degree in Nursing 3. Completion of General Staff Course VI. Prohibitions in the Practice of Nursing 1. Without a COR / PL / STP 2. Who uses as his/her own the COR / PL / STP of another 3. Invalid, suspended or revoked COR / PL, expired or cancelled STP 4. Gives any false evidence to the Board in order to obtain a COR/PL/STP 5. Falsely poses or advertises as a RN 6. Appends BSN/RN to his/her name without having been conferred said degree 7. Assists the illegal practice of a person who is not lawfully qualified to practice nursing VII. PATIENTS BILL OF RIGHTS

1. The patient has the right to considerate and respectful care.

2. The patient has the right to and is encouraged to obtain from physicians and other direct caregivers relevant, current, and understandable information concerning diagnosis, treatment, and prognosis. 3. The patient has the right to make decisions about the plan of care prior to and during the course of treatment and to refuse a recommended treatment or plan of care to the extent permitted by law and hospital policy and to be informed of the medical consequences of this action. In case of such refusal, the patient is entitled to other appropriate care and services the hospital provides or transfer to other hospital. 4. The patient has the right to have an advance directive concerning treatment or designating a surrogate decision maker with the expectation that the hospital will honor the intent of that directive to the extent permitted by law and hospital policy. 5. The patient has the right to every consideration of his privacy concerning his own medical care program. 6. The patient has the right to expect that all communications and records pertaining to his care should be treated as confidential by the hospital, except in cases such as suspected public health hazards where reporting is permitted or required by law. 7. The patient has the right to review the records pertaining to his medical care and to have information explained or interpreted as necessary except when restricted by law. 8. The patient has the right to expect that, a hospital will make reasonable response to the request of a patient for appropriate and medically indicated care and services. The hospital must provide evaluation, service, and/or referral as indicated by urgency of the case. When medically appropriate and legally permissible, or when a patient has so requested , may be transferred to another facility. The patient must also have the benefit of complete information and explanation concerning the need for, risk, benefits, and alternatives to such transfer. 9. The patient has the right to ask and be informed of the existence of business relationships among the hospital, educational institutions, other health care providers, or players that may influence the patients treatment and care. 10. The patient has the right to consent to or decline to participate in proposed research studies or human experimentation affecting his care and treatment or requiring direct patient involvement, and to have those studies fully explained prior to consent. A client who declines to participate in research, is entitled to the most effective care that the hospital can otherwise provide. 11. The patient has the right to expect reasonable continuity of care when appropriate and to be informed by physicians and other caregivers of available and realistic patient care options when hospital care is no longer appropriate.

12. The patient has the right to be informed of hospital policies and practices that relate to patient care, treatment, and responsibilities. The patient has the right to be informed of the hospitals charges for services and available payment methods. VIII. PNA CODE FOR NURSES

Nurses and People Values, customs, and spiritual beliefs held by individual are to be respected.

The nurse holds in strict confidence personal information acquired in the process of giving nursing care. Nurses and Practice

The nurse is accountable for his/her own nursing practice. Responsible for his/her own personal and professional growth and development The nurse maintains or modifies standards of practice within the reality of any given situation. Quality care is her/his goal. The nurse is the advocate of the patient, takes appropriate steps to safeguard the patients rights and privileges. The nurse is aware that her nursing actions have professional, ethical, moral, and legal dimensions. The nurse observes personal and professional decorum at all times. Nurses and co-workers

The nurse maintains collaborative working relationship with her/his co-workers and other members of the health team. The nurse recognizes her/his capabilities and limitations in accepting responsibilities and those of her/his co-workers when delegating responsibilities to them. Nurses and Society

The nurse is a contributing member of society. She/he assumes responsibilities inherent in being a member and citizen of the community/society in which she/he lives/works. She/he recognizes the need for change and initiates, participates, and supports activities to meet the health and social needs of the people. Nurses and Profession

The nurse is expected to be a member of the nursing professional organization. Inherent in this responsibility is to support and uphold its constitution and by-laws. The nurse helps to determine and implement desirable standards of nursing practice and nursing education. She/he participates actively in the development and growth of the nursing profession. She/he strives to secure equitable socio-economic and work conditions in nursing through appropriate legislation and other means. Laws Affecting Nursing Practice

Republic Act - laws passed by the Congress of the Philippines RA 1080 - Civil Service eligibility RA 6675 - Generic Acts of 1988 RA 6758 Standardized the salaries of government employees which includes the nursing personnel RA 3753 Civil Registry Law RA 3573 Notifiable diseases RA 5181 Permanent residence and Reciprocity qualifications for examination / registration RA 7160 Local Government Code RA 7170 Organ Donation RA 7305 Magna Carta for Public Health Workers RA 7392 Midwifery Law RA 7432 Senior Citizen Act of 1992 RA 9257 - Expanded Senior Citizens Act of 2003 RA 7600 - Rooming-in and Breastfeeding Act RA 7641 Retirement Law RA 7610 Special Protection against Child abuse, Exploitation, and Discrimination Act

RA 7876 Senior Citizen Center Act of the Philippine RA 7875 - National Health Insurance Act of 1995 RA 7877 - Anti-Sexual Harassment RA 7883 - Barangay Health Workers Benefits and Incentives Act RA 8344 - An Act Prohibiting the Demand of Deposits or Advance Payments RA 9165 - Comprehensive Dangerous Drug Act of 2002 RA 8282 Social Security Law of 1997 RA 8187 Paternity Leave RA 8981 - PRC Modernization Act RA 9262 - Anti-violence against Women and their Children RA 9344 Juvenile Justice welfare Act 0f 2006 RA 9288 - An Act Promulgating A Comprehensive Policy and a National System of Ensuring Newborn Screening RA 9502 - Universally Accessible Cheaper and Quality Medicines Act of 2008 RA 2808 First True Nursing Law RA 877 Philippine Nursing Law RA 7164 Philippine Nursing Act of 1991 RA 9173 - Philippine Nursing Act of 2002 Presidential Decrees - orders coming from the President of the Philippines who exercise legislative powers PD 48 Four children with paid maternity leave privileges PD 69 Four children for tax exemption PD 147 - Declared April 21 and May as National Immunization Day PD 442 Labor Code of the Philippines PD 603 The Child and Youth Welfare Code PD 651 Birth registration

PD 965 Family Planning & Responsible Parenthood instructions prior to issuance of marriage license Executive Orders - Orders issued by the Chief Executive in order to implement a Constitutional Mandate or a statutory provisions EO 51 - The Milk Code EO 220 - Good Governance for the Professions in the Philippines EO 25 - Governance Advisory Council Proclamation # 539 Nurses Week ILO Convention # 149 Improvement of life and work conditions of nursing personnel