BACHELOR OF SCIENCE IN NURSING:

HEALTH ASSESSMENT
COURSE MODULE COURSE UNIT WEEK
3 19 16

Relevant Ethico-Legal Guidelines in Conducting Health Assessment

✓ Read course and unit objectives

✓ Read and comprehend study guide prior to class
attendance
✓ Read and comprehend required learning resources
✓ Engage in classroom discussions
✓ Participate in weekly discussion board (Canvas)
✓ Answer and submit course unit tasks

At the end of this unit, the students are expected to:

Cognitive:
1. Describe the relevant ethico-legal guidelines in conducting health assessment as well as
the practice of the nursing profession.
2. Describe the patient’s bill of rights.
3. Describe the data privacy act.

Affective:
1. Listen attentively during class discussions
2. Demonstrate tact and respect when challenging other people’s opinions and ideas
 3. Accept comments and reactions of classmates on one’s opinions openly and graciously.

Psychomotor:
1. Participate actively during class discussions
2. Confidently express personal opinion and thoughts in front of the class

Weber, J.R., and Kelley, J. H., (2018) Health Assessment in Nursing 6th Edition, Philadelphia:
Wolters Kluwer

A. Relevant Ethico-Legal Considerations in Conducting Health Assessment

Philippine Nursing Code of Ethics

• Promulgated by the Philippine Regulatory Board of Nursing
• Philippine Nurses Association and Association of Nursing Service Administrators of the
Philippines
• Mandated by the article III, Section 9, of republic 9173oServes as ethico-legal basis in the
practice of the nursing profession in the Philippines

Code of Ethics for Nurses

Article I Preamble
• Sec. 1
o Health is a fundamental right of every individual. The Filipino registered nurse
believing in the worth and dignity of each human being, recognizes the primary
responsibility to preserve health at all cost. This responsibility encompasses the
promotion of health, prevention of illness, alleviation of suffering, and restoration of
health. However, when the foregoing are not possible, assistance towards a peaceful
death shall be his/her obligation.
• Sec. 2
o To assume this responsibility, registered nurses have to gain knowledge and
understanding of man’s cultural, social, spiritual, psychological, and ecological
aspects of illness, utilizing the therapeutic process. Cultural diversity and political and
socio-economic status are inherent factors to effective nursing care.
• Sec. 3
o The desire for the respect and confidence of clientele, colleagues, co-workers, and
the members of the community provides the incentive to attain and maintain the
highest possible degree of ethical conduct.
Article II Registered Nurses and People
Sec. 4
Ethical Principles
• Values, customs, and spiritual beliefs held by individuals shall be respected.
• Individual freedom to make rational and unconstrained decisions shall be respected.
• Personal information acquired in the process of giving nursing care shall be held in strict
confidence.

Sec. 5
Guidelines to be observed:
REGISTERED Nurses must
• Consider the individuality and totality of patients when they administer care.
• Respect the spiritual beliefs and practices of patients regarding diet and treatment.
• Uphold the rights of individuals.
• Take into consideration the culture and values of patients in providing nursing care. However,
in the event of conflicts, their welfare and safety must take precedence.

Article III Registered Nurses and Practice

Sec. 6
Ethical Principles
• Human life is inviolable.
• Quality and excellence in the care of the patients are the goals of nursing practice.
• Accurate documentation of actions and outcomes of delivered care is the hallmark of nursing
accountability.

Sec 7
Guidelines to be observed:
REGISTERED Nurses must
• Know the definition and scope of nursing practice which are in the provisions of R. A. No.
9173, known as the “Philippine Nursing Act of 2002” and Board Res. No. 425, Series of 2003,
the “Rules and Regulations Implementing the Philippine Nursing Act. of 2002”, (the IRR).
• Be aware of their duties and responsibilities in the practice of their profession as defined in
the “Philippine Nursing Act of 2002” and the IRR.
• Acquire and develop the necessary competence in knowledge, skills, and attitudes to
effectively render appropriate nursing services through varied learning situations.

Sec. 8
Guidelines to be observed:
REGISTERED Nurses must
• Respect the “Patients’ Bill of Rights” in the delivery of nursing care.
 • Provide the patients or their families with all pertinent information except those which may be
deemed harmful to their well-being.
• Uphold the patients’ rights when conflict arises regarding management of their care.

Sec. 10
Ethical Principle
Registered nurses are aware that their actions have professional, ethical, moral, and legal
dimensions. They strive to perform their work in the best interest of all concerned.

Sec 11
Guidelines to be observed:
REGISTERED Nurses must:
• Perform their professional duties in conformity with existing laws, rules regulations.
measures, and generally accepted principles of moral conduct and proper decorum.
• Not allow themselves to be used in advertisement that should demean the image of the
profession (i.e. indecent exposure, violation of dress code, seductive behavior, etc.).
• Decline any gift, favor or hospitality which might be interpreted as capitalizing on patients.
• Not demand and receive any commission, fee or emolument for recommending or referring
a patient to a physician, a co-nurse or another PRC-BN health care worker; not to pay any
commission, fee or other compensations to the one referring or recommending a patient to
them for nursing care.
• Avoid any abuse of the privilege relationship which exists with patients and of the privilege
access allowed to their property, residence or workplace.

Article VI Registered Nurses and the Profession

Sec. 16
Ethical Principles
• Maintenance of loyalty to the nursing profession and preservation of its integrity are ideal.
• Compliance with the by-laws of the accredited professional organization (PNA), and other
professional organizations of which the Registered Nurse is a member is a lofty duty.
• Commitment to continual learning and active participation in the development and growth of
the profession are commendable obligations.
• Contribution to the improvement of the socio-economic conditions and general welfare of
nurses through appropriate legislation is a practice and a visionary mission.

B. Patient’s Bill of Rights

• A document that provides patient with information on how they can reasonably expect to be
treated during the course of their hospital stay.
• These documents are, in almost all cases, not legally-binding.
• Provide goals and expectations for patient treatment.
1. Right to Appropriate Medical Care and Humane Treatment.
• Every person has a right to health and medical care
• Patient has the right to appropriate health and medical care of good quality
• Patient’s human dignity, convictions, integrity, individual needs and culture shall be
respected
• Patient has the right to be directed to wait for care, or be referred or sent for treatment
elsewhere, where the appropriate care can be provided
• Patients in emergency shall be extended immediate medical care and treatment
without any deposit, pledge, mortgage or any form of advance payment for treatment
2. Right to Informed Consent.
• The patient has a right to a clear, truthful and substantial explanation, in a manner and
language understandable to the patient, of all proposed procedures, whether
diagnostic, preventive, curative, rehabilitative or therapeutic
• That the patient will not be subjected to any procedure without his written informed
consent, except in the following cases:
o Emergency cases
o Epidemic control
o Law makes it compulsory for everyone to submit a procedure
o Patient is a minor, legally incompetent and requires a third-party consent
o Disclosure of material information to patient will jeopardize the success of
treatment
o Patient waives his right in writing
• Informed consent is obtained from a patient concerned if he is of legal age and of
sound mind, the following persons may give consent:
o Spouse
o Son or daughter of legal age
o Either parent
o Brother or sister of legal age
o Guardian
3. Right to Privacy and Confidentiality.
• The patient has the right to be free from unwarranted public exposure, except in the
following cases:
o When his mental or physical condition is in controversy and the appropriate
court, in its discretion, order him to submit to a physical or mental examination
by a physician
o When the public health and safety so demand
o When the patient waives this right in writing
• The patient has the right to demand that all information, communication and records
pertaining to his care be treated as confidential, except:
o When such disclosure will benefit public health and safety
o When it is in the interest of justice and upon the order of a competent court
o When the patients waive in writing the confidential nature of such information
 o When it is needed for continued medical treatment or advancement of medical
science
4. Right to Information.
• The patient or his/her legal guardian has a right to be informed of the result of the
evaluation of the nature and extent of his/her disease
• The patient or his legal guardian has the right to examine and be given an itemized
bill of the hospital and medical services rendered in the facility or by his/her physician
and other health care providers
o The patient is entitled to a thorough explanation of such bill
• The patient or his/her legal guardian has the right to be informed by the physician or
his/her delegate of his/her continuing health care requirements following discharge
• The patient is entitled to a brief, written summary of the course of his/her illness
• He/she is likewise entitled to the explanation of, and to view, the contents of medical
record of his/her confinement but with the presence of his/her attending physician or
in the absence of the attending physician, the hospital's representative
5. The Right to Choose Health Care Provider and Facility.
• The patient is free to choose the health care provider to serve him as well as the facility
except when he is under the care of a service facility or when public health and safety
so demands or when the patient expressly waives this right in writing
• The patient has the right to discuss his condition with a consultant specialist, at the
patient’s request and expense
• The patient has the right to seek for a second opinion and subsequent opinions, if
appropriate, from another health care provider/practitioner
6. Right to Self-Determination.
• The patient has the right to avail himself/herself of any recommended diagnostic and
treatment procedures
• Any person of legal age and of sound mind may make an advance written directive for
physicians to administer terminal care when he/she suffers from the terminal phase of
a terminal illness, provided that:
o He is informed of the medical consequences of his choice
o He releases those involved in his care from any obligation relative to the
consequences of his decision
o His decision will not prejudice public health and safety
7. Right to Religious Belief.
• The patient has the right to refuse medical treatment or procedures which may be
contrary to his religious beliefs
8. Right to Medical Records.
• The patient is entitled to a summary of his medical history and condition
• He has the right to view the contents of his medical records, except psychiatric notes
and other incriminatory information obtained about third parties
 • At his expense and upon discharge of the patient, he may obtain from the health care
institution a reproduction of the same record whether or not he has fully settled his
financial obligation with the physician or institution concerned
• The health care institution shall safeguard the confidentiality of the medical records
and to likewise ensure the integrity and authenticity of the medical records
9. Right to Leave.
• The patient has the right to leave hospital or any other health care institution
regardless of his physical condition, provided that:
o He/she is informed of the medical consequences of his/her decision
o He/she releases those involved in his/her care from any obligation relative to
the consequences of his decision
o His/her decision will not prejudice public health and safety
• No patient shall be detained against his/her will in any health care institution on the
sole basis of his failure to fully settle his financial obligations
o However, he/she shall only be allowed to leave the hospital provided
appropriate arrangements have been made to settle the unpaid bills
10. Right to Refuse Participation in Medical Research.
• The patient has the right to be advised if the health care provider plans to involve him
in medical research, including but not limited to human experimentation which may be
performed only with the written informed consent of the patient
11. Right to Correspondence and to Receive Visitors.
• The patient has the right to communicate with relatives and other persons and to
receive visitors subject to reasonable limits prescribed by the rules and regulations of
the health care institution
12. Right to Express Grievances.
• The patient has the right to express complaints and grievances about the care and
services received without fear of discrimination or reprisal and to know about the
disposition of such complaints
13. Right to be Informed of His Rights and Obligations as a Patient.
• Every person has the right to be informed of his rights and obligations as a patient

It shall be the duty of health care institutions to inform of their rights as well as of the institution's
rules and regulations that apply to the conduct of the patient while in the care of such institution.

C. Data Privacy Act

• Republic Act No. 10173, also known as the Data Privacy Act of 2012 (DPA), aims to protect
personal data in information and communications systems both in the government and the
private sector.
• Protect the fundamental human right of privacy, of communication while ensuring free flow of
information to promote innovation and growth.
 • It ensures that entities or organizations processing personal data establish policies, and
implement measures and procedures that guarantee the safety and security of personal data
under their control or custody, thereby upholding an individual’s data privacy rights.
• With regard to health care, everyone knows that all personal health information is
confidential and with the growing digital economy, stricter privacy and security
protections of health data must be implemented.

Section 3. Definitions. Whenever used in these Rules, the following terms shall have the respective
meanings hereafter set forth:
• Breach is a security incident that leads to unlawful or unauthorized processing of personal,
sensitive or privileged information…
• Consent of the data subject refers to any freely given, specific, informed indication of will,
whereby the data subject agrees to the collection and processing of his or her personal,
sensitive or privileged information.
o Evidenced by written, electronic or recorded means
o Given on behalf of a data subject by a lawful representative or an agent specifically
authorized by the data subject to do so
• Data subject refers to an individual whose personal, sensitive or privileged information is
processed.
• Information and Communications System refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic documents.
• Personal data refers to personal information, sensitive information or privileged information.
• Personal information refers to any information whether recorded in a material form or not.
• Privileged information refers to any and all forms of data which under the Rules of Court
and other pertinent laws constitute privileged communication.

Rule II. The Scope of Application

Section 4. Scope. The Data Privacy Act and these Rules apply to the processing of personal,
sensitive or privileged information, in the government or private sector.

Rule III. The National Privacy Commission

Section 8. Mandate. The National Privacy Commission is an independent body mandated to
administer and implement the Data Privacy Act of 2012, and to monitor and ensure compliance of
the country with international standards set for data protection.

Section 9. Functions. The National Privacy Commission shall have the following functions:
• Rule making
o Issue guidelines on security measures for data protection
o Issue standards for organizational, physical and technical security measures for data
protection taking into account current data privacy best practices
o Consult with relevant regulatory agencies in the formulation of privacy standards or
requirements to implement the Act
 o Propose legislation, amendments or modifications to Philippine laws on privacy or data
protection, as may be necessary
• Advisory
o Review, approve, reject or require modification of privacy codes
• Public Education
o Publish on a regular basis a guide to all laws relating to data protection
o Coordinate with other government agencies and the private sector on efforts to
formulate and implement plans and policies to strengthen the protection of personal
information in the country
• Compliance and Monitoring
o Ensure compliance of personal information controllers with the provisions of the Act
o Monitor the compliance of all government agencies
• Complaints and Investigations
o Receive complaints and institute investigations regarding a violation of the Act or the
rights of data subjects
o Facilitate or enable settlement of complaints through the use of alternative dispute
resolution processes
o Prepare reports on disposition of complaints and resolution of any investigation it
initiates
• Enforcement
o Recommend to the Department of Justice (DOJ) the prosecution and imposition of
penalties specified in the Act
o Impose fines and other administrative penalties for violations of the Act, these Rules,
and other issuances of the Commission

Section 12. Confidentiality of Personal Data. The Commission shall ensure at all times the
confidentiality of any personal data that comes to its knowledge and possession.

Section 13. Organizational Structure. The National Privacy Commission is attached to the
Department of Information and Communications Technology for policy and program coordination but
the Commission shall remain completely independent in the performance of its functions.

Rule IV. Data Privacy Principles

Section 18. Principles of Transparency, Legitimate Purpose and Proportionality. The processing of
personal data shall adhere to the principles of transparency, legitimate purpose and proportionality.
• Transparency
o Processing of personal data shall be known to the data subject, who must be informed
about the nature, purpose, method, and extent of processing.
• Legitimate purpose.
o The processing of information shall be compatible with a declared and specified
purpose which must not be contrary to law, morals or public policy.
• Proportionality
 o The processing of information shall be adequate, relevant, suitable, necessary and
not excessive in relation to a declared and specified purpose.

Section 20. General principles for Data Sharing. Further Processing of Personal Data collected from
a party other than the Data Subject shall be allowed under the following conditions:
• Data Sharing in the Private Sector shall be allowed if:
o The data subject consents to data sharing
o The data sharing agreement should put in place adequate safeguards for data privacy
and security, uphold rights of data subjects and provide a system by which data
subject can obtain relief for violations
o The data sharing agreement shall be subject to review of the Commission
Rule V. Lawful Processing of Personal Data
Section 22. Sensitive Personal Information and Privileged Information. The processing of sensitive
personal and privileged information is prohibited. It shall be allowed only in the following cases:
• Consent is given pursuant to a declared, specified and legitimate purpose by data subject
• The processing of the sensitive or privileged information is in accordance with existing laws
and regulations
• The processing is necessary to protect the life and health of the data subject or another
person

Rule VI. Security Measures for Data Protection

Section 25. Data Privacy and Security. The personal information controller shall put in place
organizational, physical and technical security measures for data protection, including policies for
evaluation, monitoring and review of operations and security risks

These measures shall aim to maintain the availability, integrity and confidentiality of personal data,
and prevent negligent, unlawful or fraudulent processing, access and other interference, use,
disclosure, alteration, loss and destruction of personal data.

Rule VIII. Rights of Data Subject

Section 34. Rights of the Data Subject. The data subject is entitled to the following rights:

• Right to be informed
• Right to object
• Right to Access
• Right to correct
• Right to Rectification, Erasure or Blocking
• Right to damages

Rule XIII. Penalties

Section 53. Unauthorized Processing of Personal Information and Sensitive Personal Information
 • The unauthorized processing of personal information shall be penalized by imprisonment
ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
• The unauthorized processing of sensitive personal information shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Four million pesos
(Php4,000,000.00)

OLFU Data Privacy Manual

https://www.privacy.gov.ph/data-privacy-act/
https://ayohhealth.com/2019/05/30/data-privacy-act-in-office-health/
http://ehealth.doh.gov.ph/index.php/79-data-privacy-act-2012/70-data-privacy-act-2012
https://www.coursehero.com/file/65605656/Relevant-Ethico-Legal-Guidelines-in-Conducting-
Health-Assessmentdocx/

Weber, J.R., and Kelley, J. H., (2018) Health Assessment in Nursing

6th Edition, Philadelphia: Wolters Kluwer
https://www.abclawcenters.com/blog/2017/04/03/what-is-a-patient-bill-of-rights/
https://samch.doh.gov.ph/index.php/patients-and-visitors-corner/patients-rights
https://www.privacy.gov.ph/data-privacy-act/
http://ehealth.doh.gov.ph/index.php/79-data-privacy-act-2012/70-data-privacy-act-2012
https://www.prc.gov.ph/uploaded/documents/Board%20of%20Nursing-CE.pdf