Chow Power Point 2

8/14/2019 Chow Power Point 2

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THE MAGNA CARTA OF

THE PUBLIC HEALTHWORKERS


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OBJECTIVES:

General:At the end of my report, the BSN 4K students will gainknowledge and understanding about the Magna Carta of thePublic Health Workers, legal safeguard and Legal

responsibilities of nursing and it would be utilized in theirchosen career path.

SPECIFIC:The above stated general objective will be achievedthrough the following specific objectives, such as:

A. Discuss the Magna Carta of the Public Health Workers;

B. Discuss the different types of legal responsibilities ofnursing ;and

C. Discuss the different kinds of Legal safeguards in nursing


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REPUBLIC ACT NO. 7305

THE MAGNA CARTA OF THE PUBLIC HEALTH

WORKERS

Section 1- This act shall be known as the Magna Carta of Publichealth Workers

Section 2. Declaration pf Policy and Objectivesstate shall instill health consciousness among our people to

effectively carry out the health programs and projects of thegovernment essential for the growth and health of the nation.

Section 3.DefinitionFor purposes of this Act, Health workers shall mean all personswho are engaged in health and health- related work, and all personsemployed in all hospital, sanitaria, health infirmaries, healthcenters, rural health units, barangay health stations, clinics and

other health- related establishment owned and operated by thegovernment or its political subdivisions with original charters andshall include medical, allied health professionals, administrative andsupports personnel employed regardless of their employment status.


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Section 4. Recruitment and Qualifications

Recruitment policy and minimum requirements will respect

to the selection and appointment of a public health worker shall be

developed and implemented by the appropriate government

agencies concerned in accordance with policies and standards of

the Civil Service Commission.

Section 5. Performance Evaluation and Merit PromotionThe Secretary of health, upon consultation with proper

government agency concerned and the Management HealthWorkers Consultative Councils, as established under Section 33of this act, shall prepare a uniform career and personnel

development plan, shall include provisions on merit promotion,performance evaluation, in service training grants, job rotation,suggestions and incentives award system.

Section 6. Transfer or Geographical Reassignment of PublicHealth Workers

A. transfer is a movement from one position to anotherwhich is of equivalent rank, level or salary without break in

services;B. A geographical reassignment, hereinafter referred to as

reassignment, is a movement from one geographical location toanother, and

C. A public health worker shall not be transferred and/ orreassignment of the public health and his/ her immediate familyshall be paid for the Government.


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Section 7. Married Public health Workers

Whenever possible, the proper authorities shall take

steps to enable married couples, both of whom are public

workers, to be employed or assigned in the same municipality,

but not in the same office.

Section 8. Security of Tenure

In case of regular employment of public health

workers, their services shall not be terminated except for

cause provided by law and after due process.

Section 9. Discrimination ProhibitedA public health worker shall not be discriminated

against with regard to gender, civil status, healthworkers organization or unions, shall formulate andprepare the necessary rules and regulations toimplement the provisions of this Act.

Section 10. No Understaffing/ Overloading of health StaffThere shall be no understaffing or overloading of

public health workers. The ration of health staff topatient load shall be such as to reasonably effect asustained delivery of quality health care at times withoutoverworking the public health worker and overextending

his/her duty and service


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Section 11. Administrative Charges.

Administrative charges against a public health

worker shall be heard by a committee composed of the

provincial health officer of the province where the public

health worker belongs, as chairperson, a representative of

any existing national or provincial public health workers

organization or in its absence its local counterpart and a

supervisor of the officer mentioned above.

Section 12. Safeguards in Disciplinary Proceduresa. In every disciplinary proceeding, the public healthworkers shall have:

b.The right to be informed, in writing, to the charges;

c.The right to full access to the evidence in the case;

d.The right to defend himself and to be defended by arepresentative of his choice and/or by his organization

e. The right to confront witness presented against himand common witness in his behalf;

f.The right to appeal to designated authorities;

g.The right to reimbursement of reasonable expensesincurred in his defense in case of exoneration ordismissal of the charges;

h.Such other rights as will ensure fairness andimpartiality during proceedings;


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Section 13. Duties and Obligations

The public health worker shall:

Discharge his duty humanely with conscience and dignity;

Perform his duty with utmost respect for life, and

Exercise his function without consideration to race, gender,

religion, nationality, party, politics, social standing or capacityto pay.

Section 14. Code of Conduct

Within six months from the approval of this act, the Secretary of

Health, upon consultation with order appropriate agencies,

professional and health workers organization shall formulateand prepare a Code of Conduct for Public Health workers, which

shall be disseminated as widely as possible.

Section 15. Normal Hours of Work

The normal hours of work of any public health worker shall not

exceed eight hours a day or forty hours a week.

Section 16. Overtime WorkWhere the exigencies of the service so require any

public health worker maybe required to render service

beyond the normal eight hours a day. In such a case, the

workers shall be paid an additional compensation inaccordance with existing laws and prevailing practices.


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Section 17. Work During Rest Day

Where a public health worker is made to work on his

scheduled rest day, he shall be paid an additional

compensation in accordance with existing law

Where a public health worker is made to work on anyspecial holiday he shall be paid an additional compensation

in accordance with existing laws.

Section 18. Night- shift DifferentialEvery public health worker shall be paid a night- shift

differential of ten percent of his regular wage for eachhour of work performed during the night- shifts

customarily by hospitals.

Every health worker required to work on the period

covered after his regular schedule shall be entitled to his

regular wage plus the regular overtime rate and an

additional amount of ten percent of such overtime rate

for each hour of work performed between ten oclock in

the evening to six oclock in the morning.


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Section 19. Salaries

In the determination of the salary scale of public

health workers, the provision of republic Act No. 6758 shall

govern, except that the benchmark for Rural Health

Physicians shall be upgraded to Grade 24.a.Salary Scale

b.Equality in Salary scale

c.Salaries to be Paid in Legal tender

d.Deductions Prohibited

Section 20. Additional CompensationNotwithstanding Section 12 of republic Act No. 6758,

a public health worker shall receive the following

allowances: hazard allowance, subsistence allowance,

longevity pay, laundry allowance and remote assignment

allowance.


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Section 21. Hazard allowance

Public health workers in hospital, sanitaria rural health

units, main health center, health infirmaries, barangay health

stations, clinics and other health- related establishments located in

difficult area strife- torn or embattled area, distressed or isolated

stations, prison camps. Mental hospitals, radiation exposed clinics,laboratories or disease- infected areas or in areas declared under

state calamity or emergency for the duration thereof which expose

them to greater danger, shall be compensated hazard allowances

equivalent to at least twenty- five of monthly basic salary of health

workers receiving salary grade 19 and below, and five percent for

health workers with salary grade 20 and below.

Section 22. Subsistence AllowancePublic health workers who are required to render service

within the premises of hospital , sanitaria, health infirmaries,

main health centers, rural health units and barangay health

stations or clinics, shall be entitled to full subsistence allowance

of three meals which may be computed in accordance with

prevailing circumstances as determined by the Secretary of

Health in consultation with the Management health Workers

Consultative Councils, as established under Section 33 of this

Act.


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Section 23. Longevity Pay

A monthly longevity pay equivalent to five percent of

monthly basic pay shall be paid to a health worker for every

five years of continuous, efficient and meritorious services

rendered as certified by the chief of office concernedcommencing with the service after the approval of the Act.

Section 24. Laundry Allowance

All public health workers who are required to wear uniforms

regularly shall be entitled to laundry allowance equivalent

to one hundred twenty- five per month.

Section 25. Remote Assignment Allowance

Doctors, dentists, nurses, and midwives who accept

assignments as such in remote areas or isolated stations,

which for reasons ao far distance or hard accessibility, such

positions had not been filled for the last two years prior to

the approval of this act, shall be entitled to reimbursement

of the cost of reasonable transportation to and from such

remote post or stations, upon assuming or leaving such

position and during official trips.


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Section 29. Leave Benefits for Public Health Workers

Public health workers are entitled to such vacation

and sick leaves as provided by existing and prevailing

practices. Women health workers are also entitled to suchmaternity leaves provided by existing laws and prevailing

practices.

Section 30. Higher basic Salary Upon retirement

Three months prior to the compulsory retirement,

the public health worker shall atomically be granted onesalary range or grade higher than his salary and his

retirement thereafter, computed on the basis of his highest

salary: Provided, that he has reached the age and fulfilled

service requirement under existing laws.

Section 31. Right to Self- Organization

Public health workers shall have the right to freely

form, join or assist organizations or unions for purposes not

contrary to law in order to defend and protect their mutual

interests and to obtain redress of their grievances through

peaceful concerted activities.


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Section 32. Freedom from Interference of Coercion

It shall be unlawful for any person to commit any of the

following acts of interference or coercion:

A. To require as a condition of employment that apublic health worker shall not join a health workers

organization or union or shall relinquish membership

therein;

B. To discriminate in regard to hiring or tenure of

employment or any item or condition of employment in order

to encourage or discourage membership in any healthorganization or union;

C. To prevent a health worker from carrying out

duties laid upon him by his position in the organization or

union or to penalize him for the action undertaken in such

capacity;

D. To harass or interfere with discharge of thefunctions of the health worker when these are calculated to

intimidate or to prevent the performance of his duties and

responsibilities; and

E. To otherwise in the establishment, functioning or

administration of health workers organization or unions as

well as other appropriate government agencies concernedshall be consulted by the Secretary of Health.


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Section 33. Health Human Resources Development/

Management Study

The Department of Health shall conduct a periodic

health human resource development management study

into among others, the following areas:A. Adequacy of facilities and supplies

B. Opportunity for health workers to grow and

develop their potentials and experience a sense of worth

and dignity in their work.

C. Mechanism for democratic consultation in

government health institutions;D. Staffing patterns and standards of health care to

ensure that the people receive quality care

E.Ways and means of enabling the rank and file

workers to avail of education opportunities for personal

growth and development;

F. Upgrading pf working conditions, reclassification

of positions and salaries of public health workers to correct

disparity; and

G. Assessment of the national policy on exportation

of skilled health human resource to focus on how these

resources could instead be utilized productively for the

countrys needs.


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Section 34. Rules and Regulations

The Secretary of health after consultation with

appropriate agencies of the Government as well asprofessional and health workers organization or unions,

shall formulate and prepare the necessary regulations to

implement the provisions of this Act.

Section 35. Prohibition against Double Recovery of Benefits

Whenever other laws provide for the same benefitscovered by this Act. The public health worker shall have the

option to choose which benefits will be paid for him.

Section 36. Prohibition against Elimination and/ or

Diminution

Nothing in this laws shall be construed to eliminateor in any way diminish benefits being enjoyed by public

health worker at the time of the effectively of the Act.


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Section 37. Budgetary Estimates

The Secretary of health shall submit annually the

necessary budgetary estimated to implement the provision

of this Act. In staggered basis of implementation of the

proposed benefits until the total on Nine- hundred forty- sixmillion six- hundred sixty- four thousand pesos in attained

within five years.

Section 38. Penal Provision

Any person who shall willfully interfere with, restrain

or coerce any public health worker in the exercise of hisrights or shall in manner commit any act in violation of any

provision of this Act. Upon conviction, shall be punished by

a fine of not less than Twenty thousand pesos but not more

than Forty- thousand pesos or imprisonment of not more

than one year or both at the discretion of the court.

Section 39. Separability clause

If any provision of this Act is declared invalid, the

remainder of this act or any provision not effected thereby

shall remain in force and effect.


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Section 40. Repealing Clause

All laws, presidential decrees, executive orders and

their implementing rules, inconsistent with the provisions of

this Act are hereby, repealed, amended or modified

accordingly

Section 41. EffectivityThis Act shall take effect fifteen days after its

publication in at least two national newspapers of general

circulation.


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LEGAL

RESPONSIBILITIES OFNURSING


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Crime

Act committed in violation of social law

NegligenceIs the unintentional tort of acting or failing to act as

an ordinary, reasonable, prudent person, resulting in harm

to the person to whom the duty of care is owed.

Failure to observe the protection of ones interest, the

degree of care, and vigilance of circumstances.

Example: Incorrect sponge counts; burns; falls; mistaken

identity

The legal elements of negligence consist of:

B- breach of dutyR- real or actual proof injuries to the standards of care

O- owed a specific nursing duty

D- defendant breach the duty


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Types of crime

PROPERTY CRIME category of crime that includes motor vehicle theft, shoplifting, and

vandalism. It only involves the taking of money or property, and does notinvolve force .

PUBLIC ORDER CRIME

crime which involves acts that interfere with the operations ofsociety and the ability of people to function efficiently.


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VIOLENT CRIME

is a crime in which the offender uses or threatens to use violent

force upon the victim. It includes crimes committed with and without

weapons.

FEDERAL CRIME is a crime that is either made illegal by U.S federallegislation or a crime that occurs on U.S federal property.


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Malpractice

Is the term used for professional negligence. When

fulfillment of duties requires specialized education, the term

malpractice is used.Involves any conduct that exceeds the limits of

ones professional standards means going beyond the

context or scope of allowed nursing practice.

An important principle in understanding negligence

is respondeat superioror the captain of the ship doctrine.

This doctrine holds employers liable for anynegligence by their employees when the employees were

acting within the realm of employment and when the

alleged negligent acts happened during employment.

Example: prescribing drugs; giving anesthesia; doing

surgery

Elements of malpractice includes:

P- professional Specific standards of care is required

R- required obedience

E- exceeds the limits of the standard of care


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Torts

Is a legal or civil wrong committed by one person

against the person or property of another

A tort can be any of the following:

a.the denial of a persons legal right

b.the failure to comply with a public dutyc.the failure to perform a private duty that results in harm to

another

Quasi- intentional Tort

Is a combination of an unintentional and anintentional tort. It is defined as a voluntary act that directly

causes injury or distress

The elements of cause and desire are present, but the

element of intent is missing.


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Category of TORTS

INTENTIONAL TORT are any intentional acts that are reasonably

foreseeable to cause harm to individual.

It have several subcategories including assault,battery, false imprisonment, intentional infliction of

emotional distress, and fraud.


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LEGAL SAFEGUARD


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Written Consent

Consent means approval of what is proposed by another. Itis a persons agreement to allow something to happen, such as

surgery, which is based on a full disclosure of facts needed to make

the decision intelligently, that is, knowledge of risk involved,

alternatives, and the like.

Criteria to ensure that a client has actually given a consent:a. A mentally competent adult has voluntarily given the

consent

b. The client understands exactly to what he/she is

consenting

c. The consent includes the risks involved in the procedure,

alternative treatments that may be available, and thepossible outcome if the treatment is refused

d. The consent is written

e. A minors parent or guardian usually gives consent for

treatment


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CONTRACTS

is an agreement which creates an obligation. It is an

agreement upon sufficient consideration to do or not to do a

particular thing.

A contract may be either express or implied:

EXPRESS CONTRACT

is a contract in which the agreement is formal and statedeither verbally or in writing. It is a contract wherein the terms of the

agreement are declared at the time it is entered into.

IMPLIED CONTRACT

Is a contract wherein the agreement in fact is presumed orinferred from the acts of the parties. An implied contract may also

arise from mere consent.


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VALIDITY OF CONTRACTS

To be valid, a contract must be binding on both

contracting parties; the validity of a contract or

compliance therewith cannot be left to the will of one

of them. Obligations arising from contracts have the

force of law between the contracting parties and

should be complied with in good faith.


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STATUTORY REQUISITES OF A CONTRACT

1. Consent of the contracting parties;

2. Object certain which is the subject matter of the

contract; and

3. Cause of the obligation which is established.

OBJECTS OF CONTRACTS

1. All things which are not outside the commerce of men,

including future things;

2. All rights which are not intransmissible;

3. Future inheritance in case expressly authorized by the

law; and4. All services which are not contrary to law, morals, good

customs, public order of public policy.


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CAUSE OF CONTRACT

Cause of a contract means the consideration of the

contract, that is, the material cause, reason, motive, price, or

impelling influence which induces a contracting party to enter intocontract.

VOID OR INEXISTENT CONTRACTS

1. If the cause, object or purpose of the contract is contraryto law, morals, good customs, public order, or public policy;

2. If the contract is absolutely simulated or fictitious;

3. If the cause or object of the contract did not exist at that

time of the making of the contract;

4. If the object of the contract is outside the commerce of

men; 5. If the contract contemplates or intends a performance of

an impossible service;

6. If the intention of the contracting parties as to the

principal object of the contract cannot be ascertained ;

7. If the contract is one which is expressly prohibited or

declared by law as void or invalid and ineffective.


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Incident Report

Is used to collect and analyze data for future

determination of the risk.

A tool used as a means of identifying and improving

client care.

This should be completed in a timely manner.

Should be accurate, objective, complete, and

factual.

Rule in writing an incident report:

a. Dont use the word error or include lawful judgment or

inflammatory words

Common situation that requires an incident report:

a. Falls, burns & medication errorb. Break in the aseptic technique

c. Incorrect sponge count during surgery

d. Failure to report the clients condition


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NURSES AND WILLS

Sometimes, a patient who is seriously ill or in danger of

death desires to execute a will without unnecessary delay. Under

such circumstances, specially when there is no lawyer available at

the moment, the attending nurse may likely be requested to helpthe patient prepares his will. A nurse who knows the requirements

and procedures in the making of wills would be in a better position

to serve the interest of her patient where it becomes necessary for

her to help the patient prepares his will.


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DECEDENT AND TESTATOR

The general term applied to the person whose property is

transmitted through succession, whether or not he left a will; if he

left a will, he is also called testator.

WILLIs an act whereby a person is permitted, with the

formalities prescribed by law, to control to a certain degree the

disposition of his state, to take effect after his death.

NATURE OF THE ACT

The making of a will is a strictly personal act; it cannot be

left in whole or in part to the discretion of a third person, or

accomplished through the instrumentality of an agent or attorney.

CAPACITY TO MAKE A WILL

Physical ailments and debility due to old age do not prelude

the possession of mental capacity to make a will; to have

testamentary capacity does not necessarily mean that the testator

should be in full possession of all his reasoning faculties.


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WHO MAY MAKE A WILL

All persons who are not expressly prohibited by law may

make a will. A married woman may have a will without the consent

of her husband, and without the authority of the court.

PERSONS DISQUALIFIED TO MAKE A WILL

Persons of either sex under eighteen(18) years of age

cannot make a will. In order to make a will, it is essential that the

testator be of sound mind at the time of its execution.

FORMS OF WILLS:

AUTHENTICATION OF WILLS

Every will must be subscribed at the end thereof by thetestator himself or by the testators name written by some other

person in his presence, and by his express direction, and attested

and subscribed by three or more credible witness in the presence of

the testator and of one another.


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ATTESTATION CLAUSEis meant that clause wherein the witnesses certify that

the instrument has been executed before them, and the manner of

the execution of the same. It is signed not by the testator but by

the witnesses, for it is a declaration made by the witnesses and

not by the testator.

HOLOGRAPHIC WILLS

A person may execute a holographic will, that is, a will

which is entirely written, dated, and signed by the hand of the

testator himself. A holographic will is subject to no other form and

need not be witnessed.


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WHO CAN BE A WITNESS TO WILLS

a. any person of sound in mind and of the age of eighteen

years old or more;b. not blind, deaf or dumb; and

c. able to read and write


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LEGAL PROBLEMS


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NURSING PROCESS

1. Nursing Assessment collecting of data regarding your patientssigns and symptoms.

2. Nursing diagnosis- appropriately identifying the patients

problems.

3. Planning- setting goals of care and desired outcomes and

identifying appropriate nursing actions.

4. Implementation- performing the nursing actions identified in

planning

5. Evaluation- determining the goals were met and the outcomes

were achieved and appropriately revising the care plan based onthe patients response.


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SEVEN KEY PRINCIPLES

1. Administer medications properly

2. Monitor for report of deterioration

3. Communicate effectively

4. Delegate responsibly

5. Document in an accurate, timely manner

6. Know and follow facility policies and

procedures

7. Use equipment properly.

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Chow Power Point 2