Legal Aspects of Nursing

Other Laws That Affect Nursing

NCM 105 – Legal Aspect of Nursing

LAWS, RESOLUTIONS,
PROCLAMATIONS AND EXECUTIVE
ORDERS AFFECTING THE PRACTICE
OF NURSING IN THE PHILIPPINES
 Executive Orders
 Executive Orders are orders issued
by the Chief Executive in order to
implement a constitutional mandate
or statutory provision
 EO 51 –The Milk Code; it aims to provide
safe and adequate nutrition for infants
by protection and promotion of
breastmilk and by ensuring the proper
use of breastmilk substitutes
 The labels of milk products covered by this
code shall have written important notice
such as “This product is not intended to
 Executive Orders

 EO 174 – The national drug policy on

availability, affordability of safe,
effective and good quality drugs for all
 EO 209 – The Family Code of the
Philippines
 Letter of Instruction (LOI)
 LOI is an order issued by the
President to serve as guide to his
previous decree or order
 LOI 47- directs all schools of midwifery
and nursing, social work, medicine and
allied medical profession to include
family planning in their curricula
 LOI 949 – which created the Primary
Health Care System
 LOI 1000 – which directs government
agencies to give preference to members
of accredited professional organizations
 Presidential Decree (PD)
 PD are orders coming from the
President of the Philippines who
exercised legislative powers during
state of martial law
 PD 48 – 4 children with paid maternity
leave privileges
 PD 69 – 4 children for tax exemption
 PD 442 – which is the Labor Code of the
Philippines
 PD 491 – Nutrition Program
 PD 603 – The Child and Youth Welfare
 Presidential Decree (PD)
 PD 626 – which provide for an Employee
Compensation and Insurance Fund,
providing more benefits to persons
covered by SSS and GSIS for injury, illness
and disabilities
 PD 651 – Birth and Death Registration law
 PD 925 – which provided penalty for
improper garbage disposal and other forms
of uncleanliness
 PD 856 – Code on Sanitation
 PD 965 –required marriage license
applicants to receive instruction on Family
Planning and Responsible Parenthood prior
 Presidential Decree (PD)

 PD 996 – which provided for

compulsory basic immunization for
children and infants below eight
years of age
 PD 1519 – revised medicare benefits;
which provided for medical benefits
of government employees regardless
of status of appointment
 PD 1636 – which requires
compulsory membership to SSS or
 PROCLAMATIONS

 These are official declaration by the

Chief Executive of Office of the
President on certain programs,
projects or situations
 Proclamation # 6 – declaring that UN’s
goal of Universal Child Immunization ,
involved NGO’s in the immunization
program
 Proclamation # 499 – which declares
December 1 as the National AIDS
Awareness Day
 Republic Acts (RA)
 These are acts or laws passed by the
Congress of the Philippines
 RA 1080 – which declared that professionals
who passed the board and bar exams are civil
service eligible (Civil Service Eligibility)
 RA 1082 – which is “The Rural Health Act”,
creating RHU all over the country with the goal
of promoting the health and well being of the
rural population
 RA 1612 – which provides that a privilege tax
shall be paid before any business or
occupation can be lawfully begun or pursued
 To be paid before January 31 of each year
 Professionals working in gov’t agencies are
 Republic Acts (RA)
 RA 1636 – Compulsory membership to
SSS of the self employed individual
 RA 2382 – which is the “ Philippine
Medical Act” regulating the practice of
medicine in the Philippines
 RA 3573 – the law on the reporting of
communicable diseases to the nearest
health station and that any person may
be inoculated, administered or injected
with prophylactic injections
 RA 4226 – which is the Hospital Licensure
Act, requiring all hospitals to be licensed
before they can operate
 Republic Acts (RA)
 RA 5181 – this act prescribes
permanent residence and reciprocity
qualifications for any examination or
registration for the practice of any
profession in the Philippines
 RA 5901 – working hours and
compensation of hospital and clinical
personnel
 RA 6111 – which is the Philippine
Medical Care Act of 1969 (MEDICARE)
providing for hospitalization benefits
 Republic Acts (RA)
 RA 6675 – which is the “ Generic Acts of
1988”
 RA 6713 – which is the “Code of Conduct
and Ethical Standards for Public Officials
and Employees”
 RA 7170 – the law that governs organ
donation
 RA 7305 – which is the Magna Carta of
Public Health Workers
 RA 7600 – which is the Rooming-in and
Breastfeeding Act of 1992
 RA 7610 – which is “ The Special
Protection of Children Against Child
Abuse, Exploitation and Discrimination
 Republic Acts (RA)
 RA 7875 – which is the National Health
Insurance Act of 1995.
 It is an act instituting a national health
insurance program for all Filipinos and
establishing the PHIC for the purpose
 RA 7877 – which is “ The Anti-Sexual
Harassment Act of 1995”
 It is an act declaring sexual harassment
unlawful in the ff environment: 1.
employment 2. education 3. training
 RA 8749 – The Philippine Clean Air Act of
1999
 RA 8981 – The PRC Modernization Act of
2000

 LAWS THAT PROMOTE
THE WELFARE AND WELL-
BEING OF NURSES
 LAWS THAT PROMOTE THE
WELFARE AND WELL-BEING OF
NURSES

 LABOR CODE (PD 442)

- defines among other
things, hours of work,
contract ( including
termination of contract) and
nurse staffing in industrial
clinics
 LAWS THAT PROMOTE THE
WELFARE AND WELL-BEING OF
NURSES
 CIVIL SERVICE LAW ( PD 807)
- provide for the recruitment and
selection of employees in
government service; qualification
standards; personnel evaluation
system; and personnel discipline).
Also provides that no employee of
the Civil service can be suspended
except for cause as provided for by
law and after due process
 LAWS THAT PROMOTE THE
WELFARE AND WELL-BEING OF
NURSES
 EXECUTIVE ORDER No. 180
- uphold the exercise of the right
to organize of government
employees. This is in accordance
with the 1987 constitution that
states; “the right of people..to
form unions, associations, or
societies for purposes not
 LAWS THAT PROMOTE THE
WELFARE AND WELL-BEING OF
NURSES
 MAGNA CARTA OF PUBLIC HEALTH
WORKERS ( RA 7305)
- has provisions on benefits (financial
and non financial), rights and
responsibilities of public health workers.
Public health workers include everybody
who works in government health
institutions such as hospitals and
laboratories.
 LAWS THAT PROMOTE THE
WELFARE AND WELL-BEING OF
NURSES
 SALARY STANDARDIZATION LAW (RA
6758)

- provides for the standardization of

salaries of those working in
government. One of the benchmark
positions is Nurse 1 which is assigned
salary grade 10. (RA 9173 upgrades the
entry salary of nurses in government to
grade 15)
 LAWS THAT PROMOTE THE
WELFARE AND WELL-BEING OF
NURSES
 RA 7041 (An Act Requiring Regular
Publication of Existing Vacant
Positions in Government Offices)
- the intention of this law is for government
offices to be transparent in their
recruitment practices. By publishing
presence of vacant positions, applicants
are less likely to be subjected to unethical
practices in government practices
 LAWS THAT PROMOTE THE
WELFARE AND WELL-BEING OF
NURSES
 ANTI- SEXUAL HARASSMENT ACT
(RA 7877)
- protects employees against sexual
harassment. Sexual harassment is
committed by any person who exercises
authority, influence or moral ascendancy
over another..by demanding, requesting
or requiring sexual favor regardless of
whether or not.. Is accepted by the object
of sexual solicitation
LAWS THAT SPELL OUT THE
RESPONSIBILITIES OF
EMPLOYEES
(INCLUDING
NURSES)
 CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS
AND EMPLOYEES ( RA 6713)
 Provides that public officials and
employees shall at all times be
accountable to the people and
shall discharge their duties with
utmost responsibility, integrity,
competence, and loyalty, act
with patriotism and justice, lead
modest lives and uphold public
interest over personal interest.
 CIVIL SERVICE RULES AND
REGULATIONS (PD 807)
 Promote morale and highest degree of responsibility,
integrity, loyalty, efficiency, and professionalism.
Public office is a public trust.
 This law spells out the grounds of disciplinary action.
Some of these are: dishonesty, neglect of duty,
oppression, misconduct, disgraceful and immoral
conduct, being notoriously undesirable, discourtesy in
the course of official duties, inefficiency and
incompetence in the performance of official duties,
conviction of a crime involving moral turpitude,
falsification of documents, frequent unauthorized
absences or tardiness, gambling, insubordination,
nepotism and refusal to perform official duty or
 RA 8344 ( AN ACT PENALIZING THE
REFUSAL OF HOSPITALS AND MEDICAL
CLINICS TO ADMINISTER APPROPRIATE
INITIAL MEDICAL TREATMENT AND
SUPPORT IN EMERGENCY CASES )

 In emergency cases, it is unlawful for anybody

(including the nurse) in a hospital or medical
clinic to request, solicit, demand or accept any
deposit or any other form of advance payment
as a pre requisite for confinement or medical
treatment of a patient or to refuse to
administer medical treatment and support as
dictated by good practice of medicine.