Republic of the Philippines

UNIVERSITY OF NORTHERN PHILIPPINES

Tamag, Vigan City
2700 Ilocos Sur
College of Nursing
Website: www.unp.edu.ph Mail: unp_nursingvc@yahoo.com
CP# 09177148749, 09175785986

Module 2
LEGAL ASPECTS IN NURSING

Law – the sum total of rules and regulations by which society is governed. A rule of conduct pronounced by
controlling authority and which may be enforced. The controlling authority in our system is the government,
fundamental law is the Constitution. It contains the principles on which the gov’t is founded, regulates the
division of sovereign powers , directs to what persons each of these powers is to be entrusted, and specifies the
manner by which these powers shall be exercised.

Principal Sources of pronouncements:

1. the Constitution 4. Case decisions or judicial opinions

2. the statutes or legislations 5. Presidential Decrees
3. the regulations issued by the 6. Letters of Instructions
executive Branch

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A brief History of the Philippine Nursing Law
Act No. 2493 of 1915 – regulated the practice of medicine, this act provided for the examination and
registration of nurses in the Philippine Islands.

Act No. 2808 of 1919 – the First True Nursing Law, created a board of examiners for nurses. In 1920, first Board
exam was given .

RA 877 – The Philippine Nursing Law enacted on June 19,1953. Provisions included the organization of the
Board of Examiners for nurses, provisions regarding nursing schools and colleges, examination, registration of
nurses including sundry provisions relative to the practice of nursing.

RA 4704 – on June 18,1966 amended RA 877. Salient changes are:

a) Board of examiners from 3 to 5 members

b) The members of the BON be appointed by the President of the Phils., with the consent of Commission
on Appointments NO longer “upon recommendations of the Commission of Civil Service”

c) Academic degree of Bon is Master’s degree not a Baccalaureate

d) No disqualifying age limit of BON

e) The maximum compensation was raised fr.12K to 18K yearly

 Republic of the Philippines
UNIVERSITY OF NORTHERN PHILIPPINES
Tamag, Vigan City
2700 Ilocos Sur
College of Nursing
Website: www.unp.edu.ph Mail: unp_nursingvc@yahoo.com
CP# 09177148749, 09175785986

f) Academic qualification of Dean, Directors and Principals of Nursing Colleges and Schools is Master’s
degree in Nursing

RA 7164 – The Philippine Nursing Act of 1991, introduced by Senator Heherson Alvarez, codified and revised all
the laws regulating the practice of nursing in the Philippines. It includes changes such as: 1. Redefinition of the
scope of nursing practice , requiring a faculty member to hold master’s degree, specification of qualification of
administrators of nursing services.; Inclusion of “Unethical conduct” as one of the reasons for revocation and
suspension of certificate of registration.

Other Laws:

Proclamation No.539 – dated October 17,1958 Presidential Proclamation as Nurse’s Week. The purpose of
dedicating a period in a year for the promotion of the ideals of the nursing profession was to develop
consciousness and availability of nursing resources in the Philippines.

Presidential Decree No. 223 – on June 23,1973 created the Professional Regulation Commission and prescribed
its powers and functions.

PRC Memorandum No. 2005-02 – on March 3,2005 implementing the revised rates of fees charged and
collected by the Commission on Appointment. BS degree- P900.00 exams fee, Registration – P600.00

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LOI No. 1000 – on March 20, 1980 by Pres. Marcos, required that members of accredited professional
organizations shall be given priority in the hiring of employees in the gov’t service and in the engagement of
professional services.

RA 1612 – a privilege tax shall be paid before any business or occupation can be lawfully begun or pursued. The
occupation or professional tax for nurses as P50.00 payable annually on or before January 31. Nurses working in
the government service were exempted from paying the privilege tax.

RA 1080 – those who passed the bar and board examinations were declared to be civil service eligible.

RA 7392 amended RA 2644 - As the Midwifery Law. Nurses should pass the Board Exams for Midwives and be
registered as such upon payment of the prescribed fee and submit to the Midwifery Board a certification from
the Chief of the Hospital that they actually attended at least 20 deliveries.

RA 2382 – known as the Philippine Medical Act, defines the practice of medicine in the Philippines.

RA Act 5181 –This act prescribes permanent residence and reciprocity as qualifications for any examination or
registration for the practice of any profession in the Philippines.

PD 541 – allows former Filipino professionals to practice their respective professions in the Philippines.

RA 6425 – Known as Dangerous Drug Act. That sale, administration, delivery, distribution, and transportation of
prohibited drugs are punishable by law.
 Republic of the Philippines
UNIVERSITY OF NORTHERN PHILIPPINES
Tamag, Vigan City
2700 Ilocos Sur
College of Nursing
Website: www.unp.edu.ph Mail: unp_nursingvc@yahoo.com
CP# 09177148749, 09175785986

Act No. 3573 in 1929 – that all CD shall be reported to the nearest health station, and that any person may be
inoculated, administered or injected with prophylactic preparations. No person shall refuse as to hinder or
obstruct these protective measures deemed advisable by the Secretary of Health or the authorized
representatives.

RA 1082 – amended by RA 1891- creation of rural health units all over the Philippines.

RA 4073 – liberalizes the treatment of leprosy, no person afflicted with leprosy shall be confined in a
leprosarium. Patients should be treated in a government skin clinic, rural health unit or by a duly licensed
physician.

PD 996 – requires compulsory immunization for all children below eight years of age against CD. Circular No.14
of 1965 requires health examination and immunization of all prospective Grade I pupils against smallpox,
diphtheria and tuberculosis as a prerequisite for enrolment.

PD 825– provides penalty for improper disposal of garbage and other forms of uncleanliness.

PD 856 – The Code of Sanitation, provides for control of all factors in man’s environment that affect health
including the quality of water, food, milk, control of insects, animal carriers, transmitters of disease, sanitary and
recreation facilities, noise, unpleasant odors and control of nuisance.

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PD 148 amending RA 679 (Woman and child Labor Law), states that the employable age shall be 16 years. This
decree provides for the minimum employable age and for privileges of working women.

RA 6365 – National Policy on Population and created the Commission on Population (POPCOM)

PD 791 – the revised Population Act. It defines the objectives, duties and functions of the POPCOM. It empowers
nurses and midwives to provide, dispense and administer acceptable methods of contraception after having
undergone training ad having been granted authorization by the POPCOM.

PD 166 – amending PD791. This decree strengthens FP programs through participation of private organizations
and individuals in the formulation and implementation of the program planning policies.

General Order No. 18. Enjoins all citizens of the Phils. universities colleges, schools, gov’t offices, mass media,
voluntary & religious organizations of all creeds, business and industrial enterprises to promote the concept of
family welfare, responsible parenthood, and family planning.

LOI 47 – directs all schools of medicine, nursing, midwifery and allied medical professions and social work to
prepare, plan, and implement the integration of FP in their curricula and to require from their graduates
sufficient appropriate licensing examination.

Department of Labor Order No.7 – requires all industrial establishments to provide family planning services.

PD 48 – limits paid maternity leave privileges to four children.

 Republic of the Philippines
UNIVERSITY OF NORTHERN PHILIPPINES
Tamag, Vigan City
2700 Ilocos Sur
College of Nursing
Website: www.unp.edu.ph Mail: unp_nursingvc@yahoo.com
CP# 09177148749, 09175785986

PD 69 – limits the number of children to four (4) for tax exemption purposes.

PD 965 – requires couples intending to get married must first undergo a FP and RP instruction prior to the
issuance of a marriage license.

RA 1054 – requires the owner, lessee or operator of any commercial, industrial or agricultural establishment to
furnish free emergency, medical and dental attendance to his employees and laborers.

RA 4226 – known as the Hospital Licensure Act, requires all hospitals in the Phils. to be licensed before they can
offer to serve the community.

RA 5901 – Nurses working in agencies with 100-bed capacity and/or above and are working in an area of one
million pop. Are supposed to work only forty (40) hours a week.

PD 442 – Labor Code of the Philippines provides workers the right to self-organization and collective bargaining,
promotes the rights and welfare of workers.

PD 603- Child and Youth Welfare Code, protects and promotes the rights & welfare of children and youth,
employment of children below 16 y.o.is limited to performing light work not harmful to their safety, health or
normal development.

PD 651 – registration of birth of a child within 30 days with the Civil Registrar.
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ILO Convention No. 149 - provides for the improvement of life and work conditions of nursing personnel.

PD 1519 – gives MEDICARE benefits to all gov’t employees regardless of status of appointment. Retirees,
regardless of age, also entitled.

PD 1636 - requires compulsory membership in the GSIS or SSS Retirement Fund.

PD 626 or the Employee Compensation and State Insurance Fund provides benefits to workers covered by SSS or
GSIS for immediate injury, illness or disabilities.

RA 6675 – or the Generics Act of 1988 is 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 name.

RA 6758 – standardizes the salaries of government employees which include the nursing personnel.

RA 6713 – known as “code of Conduct and Ethical Standards for Public Officials and Employees” upholds a time-
honored principle that public office is a public trust. Public officials and employees shall discharge their duties
with utmost responsibility, integrity, competence and loyalty, and shall act with patriotism and justice.

RA 7160 –or the Local Government Code transfers responsibility for delivery of basic services and facilities of the
national government to local gov’t units. This involves devolution of powers, functions and responsibilities to the
local gov’t both provincial and municipal.
 Republic of the Philippines
UNIVERSITY OF NORTHERN PHILIPPINES
Tamag, Vigan City
2700 Ilocos Sur
College of Nursing
Website: www.unp.edu.ph Mail: unp_nursingvc@yahoo.com
CP# 09177148749, 09175785986

RA 7305 – authored by Senator Edgardo Angara, “Magna Carta For Public Health Workers” which provides
promotion and provision of social and economic welfare of health workers, develop their skills and capabilities,
encourage those qualified with abilities to remain in government service.

RA 7600 – the Rooming-in and Breastfeeding Act of 1992 provides that babies born in private and government
hospitals shd. be roomed-in with their mothers to promote breastfeeding and ensure safe and adequate
nutrition to children. Enforced by the MILK CODE (EO #51)

RA 7432 – the Senior Citizen’s Act gives honor and justice to our people’s long tradition of giving high regard to
our elderly. It entitles the elderly to a 20% discount in all public establishments such as restaurants, pharmacies,
public utility vehicles and hospitals, free medical and dental check-up and hospitalization of elderly in all
government hospitals.

PRC Resolution No. 2004-17 Series of 2004 – re-implemented continuing Professional Education requiring 60
credit units for 3 yrs. for professional with bachelor’s degree.

PRC BON Resolution No.14 Feb.8, 1999 promulgated the guidelines for the implementation of a Specialty
Certification.

PRC Board Resolution No. 2003-166 amended the filing of application of various licensure examinations in the
regional offices from 20 to 30 day before the first day of examination to give sufficient time for the Board to

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tally the report, review the qualifications, check the completeness and accuracy of the documents thereby
ensuring strict compliance with the “no deferent” policy.

PRC BON Resolution No.2004-200 series of 2004- requires applicants in the licensure examination to submit
transcript of records with scanned pictures and with the remarks “For Board Examination Purposes only.”

PRC Resolution No.2004-189 series of 2004 – forfeits the examination fees paid by the examinee who failed to
report and take the scheduled examination.

EO 566 – directs the commission to regulate the establishment and operation of review centers and similar
entities.

CHED Memo Order 49 series of 2006. –implements the rules and regulations governing the operation of review
centers pursuant to EO 266.

CHED Memo Order No.13 – prohibits higher education institutions from forcing their students and graduating
students to enroll in their own review centers and/or review centers of their own preferences.