Laws and Regulations Affecting Nursing

LAWS AND REGULATIONS AFFECTING NURSING/MIDWIFERY PRACTICE IN THE
PHILIPPINES
Republic Acts:
RA 1136 - TB law, reorganizing division of TB control in the DOH
RA 3573 - Reporting of Communicable Diseases
RA 3753 - Civil Registry Law
-RA 4073 - Treatment of Leprosy in a government skin clinic, rural health unit or
by duly licensed physician
RA 4226 - Hospital Licensure Act
RA 5181 - Permanent residence & reciprocity qualifications for
examination/registration
RA 5901 - Working hours & compensation of hospital & clinic personnel
RA 6136 - Expressly authorizes the giving of IV & other injections by the nurse
only
under the direction & supervision of a physician
RA 6675 - Generics Act of 1988
RA 6725 - Strengthening Prohibition on Discrimination against Women
RA 7170 - Organ Donation
RA 7305 - Magna Carta of Public Health Workers
RA 7392 - Midwifery Law
RA 7600 - Rooming –in and Breastfeeding Act of 1992
RA 7610 - Child Abuse & Exploitation
RA 7624 - Drug Education
RA 7877 - Sexual Harassment Law
RA 8172 - Asin Law of the Philippines
RA 8187 - Paternity Leave
RA 8353 - Anti-Rape Law
RA8423 - Traditional & Alternative Medicine Act of 1997
RA 8749 - Clean Air Act
RA 8980 - Early Childhood Care & Development Act of the Philippines
RA 8981 - Comprehensive Drug Act of 2002
RA 9165 - PRC Modernization Act of 2002
RA 9288 - Newborn Screening Act
Presidential Decrees:
• PD 48 - Four (4) children with paid maternity leave privileges
• PD 69 - Four (4) children for tax exemption
• PD 223 - Creation of PRC
• PD 442 - New Labor Code
• PD 603 - Child and Youth Welfare Code
• PD 651 - Birth Registration
• PD 825 - Garbage Disposal
• PD 856 - Sanitation Code
PD 965 - Family Planning & Responsible Parenthood Instructions prior to issuance
of marriage license
• PD 996 - Compulsory Immunization for children below eight (8) years old
Executive Orders:
EO 51 - Milk Code
EO 80 - Collective Bargaining Rights of government workers
EO 296- Accredited professional organization of nurses must create a nomination
committee composed of its past presidents who will screen nominees or
applicants to the BON
EO 857 - Compulsory Dollar Remittance
PRC and Board Resolutions:
# 187 s. 1991 - Issuance and Renewal of Professional License
# 217 s. 1992 - Delisting of delinquent professionals
# 633 s. 1984 - ICN Code of Ethics
# 1955 s. 1989 - PNA Code of Ethics
# 8 s. 1994 - Special Training on IV Therapy
Proclamations , Pronouncements, Letters of Instructions

& House Bills:
Proc. # 6 - United Nations’ goal on Universal Child Immunization by 1990

Proc. # 539 - Nurses’ Week (every 3rd week of October)
LOI # 949 - Legal basis of Primary Health Care
HB 4110 - REPRODUCTIVE Health Care Agenda Act of 2001
HB 3744 - Empowerment of Women in Vulnerable Situation Act
HB 3773 - Responsible Parenthood and Population Movement Act of 2005
PROFESSIONAL ADJUSTMENT
DEFINITION OF TERMS:
Nursing jurisprudence Comprises all the legal rules

and principles affecting the nursing
profession
Legislation Act or process of making laws
Nursing Legislation Making of laws affecting the nursing profession
Rights Innate capacity to control actions of others with the approval

and sanction of the State. Ex Bill of rights
Legal rights Claim which can be enforced by law against a person or

community whose duty is to respect it.
Court Forum where disputes are settled
Jurisdiction Authority to hear and decide legal controversies
Venue Venue where suit can be heard
Legal remedy Means employed to enforce a right or redress a wrong
Ordinary remedy Ordinary action or suit in a court of law
Extra ordinary remedy Afforded by law other than the ordinary remedy
Writ Mandatory rule of action

1. Certiorari - review; acted w/o or in excess of jurisdiction;
grave abuse of discretion & there is no appeal nor
any plain, speedy & adequate remedy in the ordinary
course of law.
2. Prohibition - stop prosecuting a case
3. Mandamus - perform a specific act w/c pertains to
his/her duty
4. Quo warranto - recover an office or franchise
Provisional remedy Provided for present need, temporary protection while an

action is pending
1. Injunction - refrain from doing an act
2. Preliminary injunction - granted at any stage of the
action
3. Final injunction - granted when rights of the parties are
determined
Process Means to compel defendant to appear in court

1. Warrant - directs a person to do an act, addressed to an
officer, affording him protection from damages when
he does the act.
2. Search warrant - to search for material / personal
property & bring them to court
3. Subpoena ad testificandum - witness to testify
4. Subpoena duces tecum – witness & documents
5. Summon - defendant to testify
Plaintiff Complaining party
Defendant Person charged of a crime
Accuser Private offended party represented by the state (People of the

Phil.)
Witness A person who has knowledge of the fact pertaining to the

case; testify to the genuineness of the makers’ signature in an
instrument.
Expert witness One who is qualified to testify based on special knowledge,

skills, experience and training..
Damage Loss or injury
Damages Sum of money for compensation to injury/damage done
Nursing The diagnosis or treatment of human responses to actual or

potential health problem (ANA)
Profession Acceptance of the service (motive) – not to make money but

promote health or knowledge or good laws
Nursing profession Performance for a fee, salary or other reward, compensation,

of professional nursing services to individual, family, and
community in various stages of development towards the
promotion of health, prevention of illness, restoration of health
and alleviation of suffering thru:
• utilization of the nursing process

• establishment of connection with community
resources and coordination with the health
team
• motivation of the individual, family, &
community and coordination with the health
team
• participation in teaching, guidance and
supervision of students in nursing education
program
• undertaking nursing & health manpower
development training and research

Laws and Regulations Affecting Nursing

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LAWS AND REGULATIONS AFFECTING NURSING/MIDWIFERY PRACTICE IN THE

Proclamations , Pronouncements, Letters of Instructions

Proc. # 6 - United Nations’ goal on Universal Child Immunization by 1990

Nursing jurisprudence Comprises all the legal rules

Legislation Act or process of making laws

Nursing Legislation Making of laws affecting the nursing profession

Rights Innate capacity to control actions of others with the approval

Legal rights Claim which can be enforced by law against a person or

Court Forum where disputes are settled

Jurisdiction Authority to hear and decide legal controversies

Venue Venue where suit can be heard

Legal remedy Means employed to enforce a right or redress a wrong

Ordinary remedy Ordinary action or suit in a court of law

Writ Mandatory rule of action

Provisional remedy Provided for present need, temporary protection while an

Process Means to compel defendant to appear in court

Plaintiff Complaining party

Defendant Person charged of a crime

Accuser Private offended party represented by the state (People of the

Witness A person who has knowledge of the fact pertaining to the

Expert witness One who is qualified to testify based on special knowledge,

Damage Loss or injury

Damages Sum of money for compensation to injury/damage done

Nursing The diagnosis or treatment of human responses to actual or

Profession Acceptance of the service (motive) – not to make money but

Nursing profession Performance for a fee, salary or other reward, compensation,

• utilization of the nursing process

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