Legal and Ethical

Issues in Nursing
Practice
GROUP I
THE LAW
Carla Alyssa Ningal
Badeth Arceta
Darlene Flores
Lovella Quizon
INTRODUCTION
Nursing is defined as providing care to the healthy or sick individuals for preventive,
promotive, curative and rehabilitative needs. The Consumers are patients with complex
needs. With increased awareness of health care, health care facilities and Consumer
Protection Act, patients/clients are getting awareness about their rights. Nurses also have
now the expanded role, with the result of the legal responsibility is increased. Hence, it is
important for nursing personnel working in hospital, community and educational field to
develop understanding of Legal and Ethical Issues of Nursing
Law Related Terms
LAW
 A man-made rules that regulates human social conduct in a formally prescribed and legally
binding manner.
 The sum total rules and regulations by which a society is governed.

ACT
 Act is a written law.
 When law is passed in the assembly and is approved by Government it is called as an Act.
Legislation
‘the process of making laws’
 Legislation is a method of improving public services to control and maintain standard in
nursing education and nursing practice.
 Nursing legislation is developed in relation to nursing education, nursing practice and
nursing administration.

Licensure
 Nurse licensure is the process by which various regulatory bodies, usually a Board of
Nursing, regulate the practice of nursing within its jurisdiction.
Legal responsibility
 refers to the ways in which a nurse is expected to follow the rules and regulations
prescribed for nursing practice. These responsibilities are described by the Government
through service conduct rules based on standards developed by the Board of Nursing.
Nursing Related
Terms
Nurse
 The term ‘nurse’ refers to a person who has completed a program at basic nursing education
and is qualified and authorized in her/his country to provide the most responsible service of a
nursing nature for the promotion of health, the prevention of illness and care of the sick

Nursing
 “Nursing is primarily assisting the individual (sick or well) in the performance of those
activities contributing to health or its recovery (or to a peaceful death) that s/he would
perform unaided if s/he had the necessary strength, will or knowledge, it is likewise the
unique contribution of nursing to help the individual to be independent of such assistance as
soon as possible (Harmer & Henderson, 1955).
 Nursing is also defined as “giving of direct assistance to a person”, as required, because of
person’s specific inabilities in self care resulting from a situation of personal health (Dorthea
Orem, 1971).
Nurse’s Responsibility
 The main responsibilities of a nurse is to provide care based on nursing diagnosis,
prioritizing the needs; planning, implementing and evaluating the nursing care. Nurse
provides care to the patient based on needs, respect, dignity and right without considering
race, nationality, caste, creed, color or socio economic status.

Malpractice
 Professional misconduct; negligence performed in professional practice; any unreasonable
lack of skill in professional duties or illegal or immoral conduct that result in injury or
death to the client/consumer.
Negligence
 Negligence is described as lack of proper care and attention; carelessness; ‘An act of
carelessness’ (Oxford Dictionary). The law imposes certain specific responsibilities on the
nurse with respect to both the duty and the standard of care to be given to a patient.

Negligence by the nurse can be explained as:

 the failure to do something that a nurse guided by those considerations that ordinarily
regulate the conduct of nursing would do.
 doing something that a prudent and reasonable nurse would not do.
 the failure to expertise ordinary care under circumstances.
 conduct that a reasonably prudent nurse should realize that not to get involved in an
unreasonable risk of invading a patient’s interest.
 failure to do an act that is necessary for the protection or assistance of a patient.
Informed Consent
 All patients should be given opportunity to grant informal consent. Informed consent
implies to when patient is given the complete knowledge and understanding about any
treatment/procedure and agrees to sign for treatment/procedure.
 For any procedure/treatment consent is required according to the institutional policies.
Nurse must witness while doctor gives explanation of a procedure/treatment in detail
before taking the consent.
SOURCES /
CLASSIFICATION
OF LAWS
Sources / Classification
of Laws
The laws related to nursing and healthcare services
in the Philippines can be classified into different
categories based on their sources and subject matter.
Constitutional Law

This is the body of law that governs the interpretation

and implementation of a country's constitution. It is the
highest form of law in the land and is used to
determine the constitutionality of other laws.

The Constitution of the Republic of the Philippines

 These are laws created by the Philippine Congress through the

Statutory Laws legislative process.

Examples of statutory laws related to nursing and healthcare services in

the Philippines include the Philippine Nursing Act of 2002, the
Philippine Medical Act of 1959, and the Philippine Clean Air Act of
1999.
 Administrative
Laws
These are laws created by administrative
agencies, such as the Department of
Health (DOH) and the Professional
Regulation Commission (PRC).
Administrative laws related to nursing
and healthcare services in the Philippines
include the DOH Administrative Order
on Hospital Licensure and Accreditation
and the PRC Implementing Rules and
Regulations for the Philippine Nursing
Act of 2002.
Common Laws
These are laws that are based on judicial decisions
and precedents, rather than on written law.
Common laws related to nursing and healthcare
services in the Philippines include the legal
doctrine of medical malpractice and the
jurisprudence on informed consent.
Professional standards and
ethics
These are guidelines and codes of conduct established by
professional organizations, such as the Philippine Nurses
Association (PNA) and the Philippine Medical Association
(PMA). Professional standards and ethics related to nursing
and healthcare services in the Philippines include the PNA
Code of Ethics for Nurses and the PMA Code of Medical
Ethics.
International
Laws and
Treaties

These are laws that govern relations between different

countries and international organizations. International
laws and treaties related to nursing and healthcare
services in the Philippines include the International
Code of Ethics for Nurses and the World Health
Organization's International Health Regulations.
 • Patient rights and responsibilities

Other • Healthcare delivery and quality

Classifications • Healhtcare workforce and education

• Healthcare finance and economics

Laws Related to Nursing
1. R.A. 9173 The Philippine Nursing Law of 2002
 an act providing for a more responsive nursing profession, repealing for the purpose republic
act no. 7164, otherwise known as "The Philippine Nursing Act of 1991" and for other purposes.

2. R.A. 7305 The Magna Carta of Public Health Workers

3. PD 1519
Amended revising the Philippine Medical Care Act of 1969

4. R.A. 7170
 An act authorizing the legacy or donation of all or part of a human body after death for
specified purposes.
 
 
5. R.A. 7277
 An act providing for the rehabilitation, self-development and self-reliance of
disabled persons and their integration into the mainstream of society and for
other purposes.

6. R.A. 7392
 An act revising RA 2644, as amended, otherwise known as “The Philippine
Midwifery Act”
 
7. R.A. 7877
 An act declaring sexual harassment unlawful in the employment, education or
training environment, and for other purposes.
 
8. R.A. 10932
 An act penalizing the refusal of hospitals and medical clinics to administer
appropriate initial medical treatment and support in emergency or serious cases,
amending for the purpose Batas Pambansa bilang 702, otherwise known as "an
act prohibiting the demand of deposits or advance payments for the confinement
or treatment of patients in hospitals and medical clinics in certain cases".   
9. R.A. 4704
 Amendments to 877: BON from 3 to 5 Members; MA for deans; 18 as minimum
age requirement for licensure application
 
10. R.A. 6136
 Application and execution of legal orders in writing of physician re: treatments
and meds, IV injection by nurse under the direct supervision of the physician
11. R.A. 6511
 Standardization of examination and registration fees, non-payment of fees for r
consecutive years will mean suspension and removal from annual roster (PRC Resolution
No. 217, S. 1992)

12. R.A. 5101 (1976)

 Practice of profession by a person who is permanent resident in Philippines for at least 3
years and reciprocity

13. R.A. 3753

 PD651 Civil Register Law, Birth Registration Law
 
14. R.A. 1082 (1954) R.A. 1891(1957)
 Creation of rural health units all over the Philippines  
15. R.A. 4226
 Hospital Licensure Act
 
16. R.A. 5901
 Maximum of 40 hours a week of work for nurses in agencies with 100 bed capacity and/or in an area
with 1M population  

17. R.A. 3573

 Law on reporting communicable diseases to be monitored at least weekly
 
18. E.O. 51 Milk Code

19. House Bill No. 4955

 An act punishing the malpractice of any medical practitioner in the Philippines and for other purposes.

 
 
Laws Related to
Healthcare
1. P.D. 603
 The Child and Youth Welfare Code
 
2. P.D. 856
 The Code on Sanitation

3. R.A. 4226
 An act requiring the licensure of all hospitals in the Philippines and authoring the bureau
of medical services to serve as the licensing agency
 
4. R.A. 6716
 An act providing for the construction of water wells, rainwater collectors, development of
springs and rehabilitation of existing water wells in all barangays in the Philippines.
5. R.A. 7610
 An act providing for stronger deterrence and special protection against child abuse, exploitation and discrimination, and for
other purposes.
 
6. R.A. 7624
 An act integrating drug prevention and control in the intermediate and secondary curricula as well as in the non-formal,
informal and indigenous learning systems and for other purposes.
 
7. R.A. 659
 An act to impose the death penalty on certain heinous crimes, amending for that purpose the revised penal laws, and for
other purposes
 
8. R.A. 3720
 “The Food, Drug, and Cosmetic Act” An act to ensure the safety and purity of foods, drugs, and cosmetics being made
available to the public by creating the food and drug administration which shall administer and enforce the laws pertaining
thereto.
 
9. R.A. 6425
 The Dangerous Drugs Act of 1972
10. R.A. 6675
 An act to promote, require and ensure the production of an adequate supply, distribution, use and acceptance of drugs
and medicines identified by their generic names
 
11. R.A. 7600
 An Act providing incentives to all government and private health institutions with rooming-in and breast-feeding
practices and for other purposes.
 
12. R.A. 7719
 An act promoting voluntary blood donation, providing for an adequate supply of safe blood regulating banks, and
providing penalties for violation thereof.
 
13. R.A. 7875
 The National Health Insurance Act of 1995 an act instituting a national health insurance program for all Filipinos and
establishing the Philippine health insurance corporation for the purpose.
 
14. R.A. 7885
 Act to advance corneal transplantation in the Philippines, amending for the purpose republic act numbered seven
thousand one hundred and seventy (RA 7170), otherwise known as the Organ Donation Act of 1991
15. R.A. 8172
 An act promoting salt iodization nationwide and for related purposes.
 
16. R.A. 8191
 An act prescribing measures for the prevention and control of diabetes mellitus in the Philippines, providing
for the creation of a national commission on diabetes, appropriating funds therefor and for other purposes.
 
17. R.A. 8203
 An act prohibiting drugs, providing penalties for violations and appropriating funds therefor
 
18. R.A. 8423
 An act creating the Philippine Institute of Traditional and Alternative Healthcare (PITAHC) to accelerate
the development of traditional and alternative health care in the Philippines, providing for a traditional and
alternative health care development fund and for other purposes.
 
19. R.A. 8503
 An act providing for the promotion of health research and development, establishing for the purpose the
national institutes of health defining its objectives, powers and functions, and for other purposes
20. R.A. 8504
 An act promulgating policies and prescribing measures for the prevention and control of HIV/aids in the Philippines, instituting a
nationwide aids/aids information and educational program, establishing a comprehensive aids/aids monitoring system,
strengthening the Philippine national aids council, and for other purposes.
 
21. R.A. 8976
 “The Philippine Food Fortification Act of 2000”, an act establishing the Philippine food fortification program and for other
purposes.
 
22. R.A. 8980
 An act promulgating a comprehensive policy and a national system for Early Childhood Care and Development (ECCD),
providing funds therefor and for other purposes.
 
23. R.A. 8981
 “The PRC Modernization Act of 200” an act modernizing the professional regulation commission, repealing for the purpose
presidential decree numbered two hundred and twenty-three, entitled "creating the professional regulation commission and
prescribing its powers and functions," and for other purposes.
 
24. R.A. 8749
 Philippine Clean Air Act of 1999
25. R.A. 9048
 An act authorizing the city or municipal civil registrar or the consul general to correct a clerical or typographical
error in an entry and/or change of first name or nickname in the civil register without need of a judicial order,
amending for this purpose articles 376 and 412 of the civil code of the Philippines
 
26. R.A 9165
 An act instituting the Comprehensive Dangerous Drugs Act of 2002, repealing Republic Act No. 6425, otherwise
known as the Dangerous Drugs Act of 1972, as amended, providing funds therefore, and for other purposes
 
27. R.A. 9262
 An act defining violence against women and their children, providing for protective measures for victims,
prescribing penalties therefore, and for other purposes.
 
28. R.A. 9288
 An act promulgating a comprehensive policy and a national system for ensuring newborn screening
 
29. R.A. 6111
 Philippine Medicare Act