Nurse Practice Act-handouts

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    NURSE PRACTICE ACT

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    LAWS

    those rules made by humans that regulate socialconduct in a formally prescribed and legally

    binding manner.

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    Concept of Law

    the sum total of rules, and regulations by

    which society is governed

    rule of conduct pronounced by controlling

    authority

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    Three Essential Characteristics of a

    Law

    Authority or the right to declare that the rule

    exists

    Pronounced or expressed and the source can

    be identified ( must be declared in writing)

    Right to enforce the same

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    Principal Sources of Law:

    Constitution

    Statutes or legislations (Republic Acts)

    Regulations issued by the Executive Branch of

    the government (Executive Orders)

    Case decisions or judicial opinions

    Presidential decrees

    Letters of Instructions

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    Nursing Legislation

    The making of laws or the body of laws already

    enacted affecting the science and the art andpractice of nursing

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    NURSE PRACTICE ACT

    Law regulating the practice of nursing in acountry or state.

    Serves to define nursing and give guidancewithin the scope of practice issues.

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    PURPOSES:

    Protects the public at large from unsafe

    practitioners

    Sets standards for nursing profession.

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    CONTENTS

    Contains general statements of appropriate

    professional nursing actions.

    Contains general provisions which gives

    guidance to acceptable acts.

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    ELEMENTS

    1. Definition of Professional Nursing

    2. Requirements for Licensure

    3. Exemptions

    4. Licensure Across Jurisdiction

    5. Disciplinary Action and Due Process

    Requirements6. Creation of Board of Nursing

    7. Penalties for Practicing Without A License

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    Historical Perspectives of Philippine

    Nursing Law

    1915 Act 2493 regulated the practice ofmedicine and provided for the examination andregistration of nurses in the Philippine islands

    1919 Act 2808 the First true Nursing Law waspassed, creating a Board of Examiners for Nurses

    -An Act Regulating the Practice of the

    Nursing Profession in the Philippine Islands 1920 - first board examination for nurses was

    given

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    March 8, 1922 Act 3025- provided for theregistration of Red Cross aids and welfare workers.

    November 28, 1928Act 3438

    changing the

    dates of exam from second Monday of April and

    October to second Monday of April and the fourth

    Monday of October of each year.

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    December 5, 1932 Act 4007TheReorganization Law of 1932

    - the conduct of board examinations was

    placed under the direct supervision of the Bureau of

    Civil Service.

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    Historical Perspectives

    RA 546 (June 1950)

    Recognized and placed all the Boards of Examiners

    under the direct supervision of the President of thePhilippines.

    Appointment of Board of Examiners by the Presidentof the Philippines

    Prescribed general procedure for appointing Board ofExaminers.

    Vested in BEN the power to set professional standardsin Nursing Practice and prescribe the collegiate course

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    Historical Perspectives

    June 19, 1953- R.A. 877 -The Philippine NursingLaw was passed.

    -more comprehensive nursing law inthe Philippines

    Provisions:

    organization of the Board of Examiners

    provisions regarding nursing schools and colleges

    examination and registration of nurses

    sundry provisions relative to the practice of nursing

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    Historical Perspectives

    June 1966 RA 4704 Amended portions of RA 877 Board membership increased from 3 to 5

    Members of the Board appointed by the President approved by the

    COA no longer upon the Commissioner of Civil service Required academic degree of Masters degree for board members.

    Disqualifying age is 65 years old

    Maximum total compensation of P18,000/year

    Academic Qualifications of Deans, Directors and Principals of schoolsof Nursing was raised to Masters degree

    Areas of study: generalized curriculum (physical, biological, social &behavioral; humanities, chemistry, psychology, zoology)

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    Historical Perspectives

    Scope of Nursing Practice:

    Reporting, recording and evaluation of patients care

    Supervision of persons contributing to nursing care of patients

    Execution of nursing procedures and techniques

    Direction and education to secure physical and mental care

    Application and execution of MDs orders concerning treatmentsand medications.

    Dates of holding nurses exams- no longer fixed

    Minimum required age lowered from 21 to 18 but permitted topractice only when he/she reaches 21 years old.

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    Historical Perspectives

    Aug 1970 RA 6136 amended part of Sect 17

    of RA 877.

    Broadened the scope of professional functions of RN in

    the application and execution of MDs orders

    Authorized the RN to administer parenteral

    medications provided the act is done under the

    direction of and in the presence of a physician.

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    July 1, 1972 Act 6511amended RA 465 whichstandardized the examination and registration fees

    charged by the various boards of examiners.

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    Historical Perspectives

    R. A. 7164 known as The Philippine Nursing Act of 1991codified and revised all the laws regulating the practice ofnursing in the Philippines

    Salient Features:

    Redefinition of the scope of nursing practice

    Educational qualification of masters degree for faculty anddeans of colleges of nursing

    Educational qualifications of administrators of nursing services

    Inclusion of the phrase unethical conduct as one of the reasonsfor revocation and suspension of certificate of registration

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    Historical Perspectives

    R.A. 9173 otherwise known as Philippine Nursing Act of2002 repealed R.A. 7164

    Salient Features:

    Increases the composition of the Board to 7

    Recognizes the specialty certification program

    Requires those inactive in practice to undergo I month didacticand 3 months practicum

    Provides for incentives and benefits system for nurses anddependents

    Upgraded the salary of government nurses to SG15.

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    Historical Perspectives

    BON Resolution No. 425, series of 2003- also known as theImplementing Rules and Regulations of the PhilippineNursing Act of 2002

    Issued pursuant to Section 38, Article IX of RA No. 9173,

    entitled An Act Providing for a More Responsive NursingProfession, Repealing for the Purpose RA No. 7164.

    Mandating the BON, PRC, APO, DOH, DBM and otherconcerned govt agencies to formulate the rules andregulations that will effectively implement the provisions of

    the law.

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    Comparison Between

    RA 7164 and RA 9173

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    ARTICLE RA 7164

    ARTICLE III-Organization of the BON

    1. Components 5 members

    2. Qualifications Masters degree

    of the Board in Nursing

    RA 9173

    7 members; shall represent3 areas of Nursing:education, service &community

    Masters Degree in Nursing,

    Education or other relatedmedical profession;majority shall be Mastersdegree in Nursing and thechairperson shall be holderof Masters Degree in

    Nursing

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    RA 7164

    3. Requirements Resign from any upon

    quali- teaching position, cation as

    review program, member of

    employment in the any

    government board office

    or itssubsidiary.

    4. Power and Recommend Duties of

    the for opening of Board

    schools.

    RA 9173

    In addition to provisions of

    RA 7164 to resign fromprivate sector.

    - Recommend opening ofschools of Nursing.

    - Promulgate Code ofEthics.

    - Recognize NursingSpecialty organizations.

    RA 7164 RA 9173

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    RA 7164

    ARTICLE IV-Examination and Registration

    1. Examination/

    Registration Refresher Courseafter 3rd failure

    2. Oath No Provision

    3. Practice thru No Provision

    special ortemporary

    permit

    RA 9173

    No refresher course

    To be conducted by theboard or authorized

    government official.

    With provision in thenew law.

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    RA 7164

    ARTICLE V: NURSING EDUCATION

    1. Requirement for No provision inactivenurses

    returning to

    practice

    2. General entrance Upper 40% ofrequirementthe graduating

    class.

    3. Qualification of Faculty must have thefaculty at least 3 yrs of

    clinical practice.

    Deans must have

    3 yrs of clinical

    practice.

    RA 9173

    Requires inactive nurses

    for 5 years to undergo 1month didactic trainingand 3 monthspracticum.

    Deleted in the new law.

    Faculty must have at least1 yr of clinical practice.

    Deans must have 5 yr ofpractice.

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    RA 7164

    ARTICLE VI: NURSING PRACTICE

    1.Scope1.1 Clientele Stages of

    development of

    clientele not

    specified.

    1.2 Nursing Special Training Carefor IV;motivation

    of individuals,families and

    communities.

    RA 9173

    Clientele is inclusive of allthe stages ofdevelopment fromconception to old age.

    Training for suturing ofperineal lacerations.Provide health educationto individual, families andcommunities.

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    RA 7164

    1.3 Additional

    Provisions

    2. Qualifications of Masters degree NursingService major in Nursing

    Administrators ServiceAdministration

    RA 9173

    Duty bound to observe Codeof Ethics and uphold the

    standards of Safe NursingPractice. Maintaincompetence by continuallearning thru CPE,Development of Advanced

    Nursing Practice.

    Masters degree in Nursing;

    Chief Nurse in Public Health-Masters degree in Public

    Health or CHN; Chief nurse inMilitary Hospital- Mastersdegree & completion ofGeneral Military course.

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    RA 7164

    ARTICLE VII: HEALTH HUMANRESOURCES

    1. Composition of No Provision

    Nursing Health

    Programs

    2. Salary No Provision

    3. Funding for No ProvisionComprehensive

    Specialty Nursing

    RA 9173

    To develop comprehensive NursingSpecialty programs. Beneficiariesof this program shall serve at least2 years of continuous service.

    Minimum basic pay of nurses inpublic health institution is notlower than grade 15.

    10% of the Nursing staff shall betrained annually with funding fromPCSO & PAGCOR.