LAWS AFFECTING THE PRACTICE OF NURSING IN THE PHILIPPINES A. PRESIDENTIAL DECREES 1.

PD 48 Four (4) children with paid maternity leave privilege 2. PD 69 Four (4) children for personal tax exemption 3. PD 442 New labor code 4. PD 491 Nutrition program 5. PD 541 Practice of former Filipino professionals in the Philippines 6. PD 603 Child and Youth Welfare Code 7. PD 626 Employee Compensation and State Insurance Fund 8. PD 651 - Birth registration following delivery 9. PD 826 Anti-improper garbage disposal 10. PD 851 13th month pay 11. PD 856 Code of Sanitation 12. PD 965 Family Planning and responsible parenthood instructions prior to issuance of marriage license 13. PD 996 Compulsory immunization for children below eight (8) years olds against immunizable diseases 14. PD 1083 Muslim holidays B. EXECTUIVE ORDERS 1. EO 61 Milk Code 2. EO 180 Guidelines on the right to organize of government employees 3. EO 203 List of regular holidays and special days 4. EO 209 Family Code of the Philippines (amended by RA 6809) 5. EO 226 Command Responsibility C. NURSING RESOLUTIONS 1. #633 Series 1984 ICN Code of Ethics 2. #1955 Series 1989 PNA Code of Ethics

3. #08 Series 1994 Special Training on intravenous injections for the RN 4. #20 Series 1994 Implementing Rules and Regulations of RA 7164 D. PROCLAMATION/PRONOUNCEMENTS & LETTERS OF INSTRUCTIONS 1. Proc. #6 United Nations Goal on Universal Child Immunization by 1990 2. Proc. #118 Professional Regulation Week June 16 22 3. Proc. #539 Nurses Week every last week of October 4. LOI #949 Legal basis of primary health care 5. LOI #1000 Members of accredited professional organizations given preference in hiring or attendance to seminars 6. LOI Convention #149 Improvement of life and work conditions of nursing personnel (LOI Recommendation #157) E. REPUBLICS ACTS 1. RA 1054 Free emergency medical and dental attendance to employees/laborers of any commercial, industrial or agricultural establishments 2. RA 1080 Civil Service Eligibility 3. RA 1082 Creation of rural health units all over the Philippines 4. RA 1612 Privilege Tax/Professional Tax 5. RA 2382 Philippine Medical Act 6. RA 3573 Reporting communicable diseases 7. RA 4073 Treatment of Leprosy in a government skin clinic, rural health unit or by duly licensed physician 8. RA 4226 Hospital licensure 9. RA 5181 Permanent residence and reciprocity qualifications for examinations/registration 10. RA 5901 Working hours and compensation and agencies with 100 bed capacity 11. RA 6675 Generics Act 0f 1988 12. RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees

13. RA 6725 Prohibition on Discrimination vs. women 14. RA 6727 Wage Rationalization 15. RA 6758 Salary Standardization of Government Employees 16. RA 6972 Day Care Center in every barangay 17. RA 7160 Local Autonomy Code 18. RA 7170 Legacy of donation of all or part of a human body after death 19. RA 7192 Women in Development and National Building 20. RA 7277 Magna Carta for Disabled persons 21. RA 7305 Magna Carta for Public Health Workers 22. RA 7432 Senior Citizens Benefits and Privileges 23. RA 7600 Rooming In and Breast Feeding Act of 1992 24. RA 7610 Special Protection of Children against child abuse, exploitation and discrimination 25. RA 7641 New Retirement law for Employees in the private sector 26. RA 7719 National Blood Services Act of 1994 27. RA 7875 National Health Insurance Act of 1995 28. RA 7876 Senior Citizen Center for every barangay 29. RA 7877 Anti-sexual harassment Act of 1995 30. RA 7883 Barangay Health Workers Benefits and Incentives Act of 1992 31. RA 8042 Migrant Workers and Overseas Filipinos Act 1995 32. RA 8187 Paternity Leave Act of 1995 33. RA 8282 Social Security Law of 1997 (amended RA 1161) 34. RA 8291 government Service Insurance System Act of 1997 (amended PD 1146) 35. RA 8344 Hospitals/doctors to treat emergency cases referred for treatment 36. RA 8424 Personal Tax Exemptions 37. RA 8749 Clean Air Act

F. SILENT ASPECTS IN THE 1987 CONSTITUTION OF THE PHILIPPINES 1. Article II Declaration of Principles & State Policies Section 11 Human Dignity and Rights 12 Sanctity of Family, equal protection of the life of the mother and the life of the unborn from conception 13 Role of the youth in nation building 15 Right to health 16 Right to balance and healthy ecology 2. Article III Bill of Rights Section 1 Equal protection of laws and the due process of law 8 Formation of unions, associations or societies 12 To remain silent and have counsel when under investigation 14- The accused person is presumed innocent until the contrary is proved 3. Article IV Citizenship Section 3 Philippine citizenship may be lost or re-acquired in the manner provided by law 4. Article XIII Social Justice and Human Rights Section 3 Rights of all Workers to self-organization, collective bargaining and negotiations and peaceful concerned activities 11 Priority for the needs of the under privileged, sick, elderly, disabled, woman and children 13 Special Agency for disabled persons 14 Protection of Working Women 5. Article XV The Family Section 1 Filipino family as the foundation of the nation 2 Marriage as an inviolable social institution is the foundation of the family 4 The family has the duly to care for its elderly members

REPUBLIC ACT NO. 8749

PHILIPPINE CLEAN AIR ACT OF 1999

Chapter 1 General Provisions Article One Basic Air Quality Policies SECTION 1. Short Title. - This Act shall be known as the Philippine Clean Air Act of 1999. SEC. 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that polluters must pay. Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all. SEC. 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to: [a] Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; [b] Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; [c] Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; [d] Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and

[e] Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: [a] The right to breathe clean air; [b] The right to utilize and enjoy all natural resources according to the principles of sustainable development; [c] The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process; [d] The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health; [e] The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; [f] The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; [g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and [h] The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

WASTE MANAGEMENT
Philippine Republic Act No.9003 REPUBLIC ACT 9003 January 26, 2001 AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES,

DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: Article 1 General Provisions Section 1. Short Title - This Act shall be known as the "Ecological Solid Waste Management Act of 2000." Section 2. Declaration of Policies - It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall: (a) Ensure the protection of the public health and environment; (b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery; (c) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles; (d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration; (e) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery; (f) Encourage greater private sector participation in solid waste management; (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non- government organizations, and the private sector; (h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;

(i) Institutionalize public participation in the development and implementation of national and local integrated, comprehensive, and ecological waste management programs; and (j) Strength the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and nonformal education in order to promote environmental awareness and action among the citizenry. Article 2 Definition of Terms Section 3. Definition of Terms - For the purposes of this Act: (a) Agricultural waste shall refer to waste generated from planting or harvesting of crops, trimming or pruning of plants and wastes or run-off materials from farms or fields; (b) Bulky wastes shall refer to waste materials which cannot be appropriately placed in separate containers because of either its bulky size, shape or other physical attributes. These include large worn-out or broken household, commercial, and industrial items such as furniture, lamps, bookcases, filing cabinets, and other similar items; (c) Bureau shall refer to the Environmental Management Bureau; (d) Buy-back center shall refer to a recycling center that purchases of otherwise accepts recyclable materials from the public for the purpose of recycling such materials; (e) Collection shall refer to the act of removing solid waste from the source or from a communal storage point; (f) Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-like product; (g) Consumer electronics shall refer to special waste that includes worn-out, broken, and other discarded items such as radios, stereos, and TV sets; (h) Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation; (i) Department shall refer to the Department of Environment and Natural Resources; (j) Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of any solid waste into or in an land; (k) Disposal site shall refer to a site where solid waste is finally discharged and deposited;

(l) Ecological solid waste management shall refer to the systematic administration of activities which provide for segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment; (m) Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or compostable, recyclable and not toxic or hazardous to the environment; (n) Generation shall refer to the act or process of producing solid waste; (o) Generator shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling; (p) Hazardous waste shall refer to solid waste management or combination of solid waste which because of its quantity, concentration or physical, chemical or infectious characteristics may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed; (q) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials; (r) Materials recovery facility - includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility; (s) Municipal waste shall refer to wastes produced from activities within local government units which include a combination of domestic, commercial, institutional and industrial wastes and street litters; (t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consideration for environmental and Health standards; (u) Opportunity to recycle shall refer to the act of providing a place for collecting source-separated recyclable material, located either at a disposal site or at another location more convenient to the population being served, and collection at least once a month of source-separated recyclable material from collection service customers and to providing a public education and promotion program that gives notice to each person of the opportunity to recycle and encourage source separation of recyclable material;

(v) Person(s) shall refer to any being, natural or judicial, susceptible of rights and obligations, or of being the subject of legal relations; (w) Post-consumer material shall refer only to those materials or products generated by a business or consumer which have served their intended end use, and which have been separated or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacturing of recycled product, excluding materials and by-products generated from, and byproducts generated from, and commonly used within an original manufacturing process, such as mill scrap; (x) Receptacles shall refer to individual containers used for the source separation and the collection of recyclable materials; (y) Recovered material shall refer to material and by products that have been recovered or diverted from solid waste for the purpose of being collected, processed and used as a raw material in the manufacture of a recycled product; (z) Recyclable material shall refer to any waste material retrieved from the waste stream and free from contamination that can still be converted into suitable beneficial use or for other purposes, including, but not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass, office paper, tin cans and other materials as may be determined by the Commission;

"THE FAMILY CODE OF THE PHILIPPINES"

Signed: July 6, 1987 Pervasive changes and development necessitated revision of the Civil Code with regard marriage and family relations. The Family Code was enacted to meet these changes. It governs the following: marriage, annulment of marriage, declaration of nullity of marriage, legal separation, property relations between spouses, rights and obligations of husband and wife, paternity and filiations, adoption, support, and parental authority. Husbands and wives are given the same rights and obligations. However, it still provides that in case of conflict as to the fixing of the family domicile, parental authority over the person and property of their children, the husband's decision shall prevail. The wife may seek recourse from the courts which is tedious, expensive and an impractical process. The Family Code has removed the distinction between different illegitimate children, there are now only legitimate and illegitimate children. Also, illegitimate children are to be in the custody of the mother and follow the mother's surname. All questions relating to the welfare of children are to be resolved by keeping in mind the best interest of the child

LOCAL GOVERNMENT CODE

REPUBLIC ACT NO. 8185 AN ACT AMENDING SECTION 324 (d) of REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 Section 1. Section 324(d) of Republic Act No. 7160 is hereby amended to read as follows: "(d)Five percent (5%) of the estimated revenue from regular sources shall be set aside as annual lump sum appropriations for relief, rehabilitation, reconstruction and other works or services in connection with calamities which may occur during the budget year. Provided, however, That such fund shall be used only in the area, or a portion thereof, of the local government unit or other areas affected by a disaster or calamity, as determined and declared by the local sanggunian concerned. "Calamity shall be defined as a state of extreme distress or misfortune, produced by some adverse circumstance or event or any great misfortune or cause or loss or misery caused by natural forces. "In case of fire or conflagration, the calamity fund shall be utilized only for relief operations. "The local development council shall more monitor the use and disbursement of the calamity fund." Sec. 2. The Oversight Committee on the Local Government Code, in coordination with concerned agencies, shall prepare and issue the implementing rules and regulation within thirty (30) days from the effectivity of this Act. Sec. 3. The provisions of existing laws, decrees, issuances, rules and regulations, or portions thereof, which are inconsistent herewith are hereby repealed, modified, or amended accordingly. Sec. 4. This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. This Act, which in a consolidation of Senate Bill No. 1220 and House Bill No. 4874 was finally passed by the Senate and the House of Representatives on June 6, 1996 and June 5, 1996, respectively. Approved: June 11, 1996

DANGEROUS DRUG ACT

REPUBLIC ACT NO. 9165 June 7, 2002

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 Be it enacted by the Senate and House of Representatives of the Philippines in Congress Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002". Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental wellbeing, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious social ills. Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs. It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation.

GENERIC ACT NATIONAL

REPUBLIC ACT NO. 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.

Section. 1. Title. - This Act shall be known as the "Generics Act of 1988." Sec. 2. Statement of Policy. - It hereby declared the policy of the State: To promote, encourage and require the use of generic terminology in the importation, manufacture, distribution, marketing, advertising and promotion,

prescription and dispensing of drugs; To ensure the adequate supply of drugs with generic names at the lowest possible cost and endeavour to make them available free for indigent patients; To encourage the extensive use of drugs with generic names through a national system of procurement and distribution; To emphasize the scientific basis for the use of drugs, in order that health professionals may become more aware and cognizant of the therapeutic effectiveness; and to promote drug safety by minimizing duplication in medications and/or use of drugs with potentially adverse drug interactions.

Health insurance, like other forms of insurance, is a form of collectivism by

means of which people collectively pool their risk, in this case the risk of incurring medical expenses. The collective is usually publicly owned or else is organized on a non-profit basis for the members of the pool, though in some countries health insurance pools may also be managed by for-profit companies. It is sometimes used more broadly to include insurance covering disability or long-term nursing or custodial care needs. It may be provided universally through government as a feature of social solidarity, as is typical in many industrial countries or as form of government charity such as the United States Medicaid program. It may be purchased privately on a group basis (e.g., by a firm to cover its employees) or purchased by an individual for himself or his family. In each case, the covered groups or individuals pay a fee, premium, or tax, to help protect themselves from health care expenses. By estimating the overall risk of health care expenses, a routine finance structure (such as a monthly premium or payroll tax) can be developed, ensuring that money is available to pay for the health care benefits specified in the insurance agreement. The benefit is administered by a central organization such as a government agency, private business, or not-for-profit organization.

Republic Act No. 7600

AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND BREAST-FEEDING PRACTICES AND FOR OTHER PURPOSES . SECTION 1. Title. - This Act shall be known as "The Rooming-In and Breast-Feeding Act of 1992". SEC. 2. Declaration of Policy. - The State adopts rooming-in as a national policy to

encourage, protect and support the practice of breastfeeding. It shall create an environment where the basic physical, emotional, and psychological needs of mothers and infants are fulfilled through the practice of rooming-in and breastfeeding. Breastfeeding has distinct advantages which benefit the infant and the mother including the hospital and the country that adopt its practice. It is the first preventive health measures that can give to the child at birth. It also enhances mother-infant relationship, Furthermore; the practice of Breastfeeding could save the country valuable foreign exchange that may otherwise be used for milk importation. Breast milk is the best food since it contains essential completely suitable for the infants needs. It is also natures first immunization, enabling the infant to fight potential serious infection; it contains growth factors that enhance the maturization of an infants organ systems.

Calamba Doctors College College of Nursing A.Y 2010-2011

A report on

LAWS AFFECTING REGULATION OF NURSING PRACTICE

Submitted by: Bacoy, Christine A. Submitted to: Mrs. Lea Belen M. Santillan