Professional Adjustment Final 2
Professional Adjustment Final 2
Professional Adjustment Final 2
Adjustment – an educational process referring to changes in behavior towards better life, better
relationships and better contribution to society.
An occupation usually involving relatively long and specialized preparation on the level of
higher education and governed by its own code of ethics.
Professional Adjustment – the growth of the whole individual and development of all his/her
capacities: physical, mental, social and spiritual towards efficient and effective performance of
his/her profession.
NURSING AS A PROFESSION
1. Education
- with a well-defined knowledge and expertise
- A profession requires an extended education of its member, as well as basic
liberal foundation.
2. Code of Ethics
- required integrity of its members, that is, a member is expected to do what is
considered right regardless of the personal cost
- means to monitor professional behavior
4. Professional organization
- need to be aware of the issues confronting nursing and the trends in nursing
practice
5. Accountability
- Nurses participates in making decisions and learns to live with these decisions
- Responsibility
6. Service
- A profession that provides basic service
7. Autonomy
- Members of a profession have autonomy in decision making and in practice.
8. Caring
- The most unique characteristic of nursing as a profession is that, it is a caring
profession
Professional Nursing – the performance for a fee, salary or other reward or compensation of
professional services
Undertaking responsible nursing care and supervision of patients involving the whole
management of care, requiring or application of principles of the biologic, physical and
behavioral sciences
Observation of the signs of physical as well as mental conditions and needs requiring
evaluation or application of principles of biologic, physical and behavioral sciences
Accurate reporting and recording of facts including evaluation of the whole case
Supervision of others contributing to nursing care of patients
Execution of nursing procedures and techniques
Direction and education to secure physical mental care
Application and execution of legal orders in writing of physician’s orders concerning
treatment and medication
Nursing Functions
Independent functions
involve actions which the nurse initiates herself
are autonomous actions based on scientific rationale that is executed to benefit the
client in a predicted way related to the nursing diagnosis and client-centered goals.
These can solve client’s problems without consultation to other health care
professionals
E.g. health teachings
Dependent Functions
Are based on the physician’s response to a medical diagnosis
The nurse intervenes by carrying out physician’s written orders, but requires nursing
judgment or decision making
E.g. administration of medications
Interdependent or Collaborative
Are therapies that require the knowledge, skill and expertise of multiple health care
professionals
CLASSIFICATION OF NURSES
Active
Inactive
FIELDS/AREA OF SPECIALIZATION
Industrial Nursing
Looks after the health of the employees
Function is to maintain a high standard of nursing service in the company, interpret, develop
and administer the health programs emanating from the health unit
Special Employment
Employment of nurses on certain vessels
It is required by law
(RA 10 as amended by RA 233) no such vessels with a carrying capacity of 75
passengers or more but less than 150, regularly making voyages lasting more than 24
hours without touching port, any lawfully sail from any Philippine port unless it has a
male nurse in its complement
To be enforced by bureau of customs
Penalty: not more than 1000 or not more than 2 years of imprisonment
Military Nursing
Brief history
National Defense Act: 1940 (Commonwealth Act No. 386)
Under this law, the Army Nurse Corps was created as component of the medical
service of the Philippine Army
Later the name was changed to Nurse Corps qualifications: single, female, BSN,
RN, 21-26 years old regular or reserve
Nursing Education
The career ladder in nursing education starts with a Clinical Instructors’ position up to the Dean
of a College of Nursing.
School Health Nursing
School health nurses must like children a lot. They often work alone, out of touch with other
nurses, the hospital and all professional supports they have known. They are responsible for
the school’s activities in the areas of health service, health education and environmental health
and safety.
Clinic Nursing
Clinic nursing requires that the nurse possess general skills. Usually a doctor has been in
general practice for a number of years. It is with him the nurse acts as a receptionist, answers
phone, does the billing, takes x-rays and ECGs, changes dressing, gives injections and assist
in physical examinations. The nurse may even do autoclaving of instruments, keep records,
order and store supplies, make follow up calls and referrals for patients.
Care provider. The nurse supports the client by attitudes and actions that show
concern for client welfare and acceptance of the client as a person. The nurse is
primarily concerned with the client’s needs.
Communicator. The nurse communicates with clients, support persons and colleagues
to facilitate all nursing actions.
Teacher. The nurse provides health teaching to effect behavior change which focuses
on acquiring new knowledge or technical skills. This role gives emphasis on health
promotion and health maintenance.
Counselor. The nurse helps the client to recognize and cope with stressful psychologic
or social problems, to develop improved personal relationships and promote personal
growth. This role includes providing emotional, intellectual and psychologic support.
Client Advocate. The nurse promotes what is best for he client, ensures that the
client’s needs are met, and protect client’s rights.
Change Agent. The nurse initiates changes and assist the client make modifications in
the lifestyle to promote health.
Leader. The nurse through the process of interpersonal influence helps the client make
decisions in establishing and achieving goals to improve his well-being.
Manager. The nurse plans, gives directions, develops staff, monitors operations, gives
rewards fairly and represents both staff members and administration as needed. The
nurse manages the nursing care of individuals, groups, families and communities. The
nurse manager delegates nursing activities to ancillary workers and other nurses and
supervises and evaluates their performance.
Researcher. The nurse participates in scientific investigation and sues research
findings in practice. The nurse helps develop knowledge about health and the
promotion of health over the full life span; care of persons with health problems and
disabilities; and nursing actions to enhance people’s ability to respond effectively to
actual or potential health problems.
Case Manager. The nurse coordinates the activities of other members of the health
care team, such as nutritionists and physical therapists, when managing a group of
client’s care.
Collaborator. The nurse works in a combined effort with all those involved in care
deliver, for a mutually acceptable plan to be obtained that will achieve common goals.
The nurse initiates nursing actions within the health team.
Vision
The caring and fortifying light giver committed to providing opportunities for the professional
growth and development of world class Filipino nurses.
Mission
1. Zealously provide strategic directions and programs that enhance the competencies of
nurses to be globally competitive.
2. Passionately sustain the quality work life and collegial interactions with and among
nurses.
3. Continuously strengthen the internal capacity and capabilities for quality care and
services to the nurses.
4. Enthusiastically explore possibilities of collaboration towards unification of nurses
Under the Philippine Nursing Act, the Board of Nursing is vested with authority to study
the conditions affecting the practice of nursing in the Philippines and to exercise powers
necessary to insure the maintenance of efficient ethical standard in the practice of nursing,
taking into consideration the health needs of the nation. By necessary implication from this
authority and its power to promulgate such rules and regulations may be necessary to carry out
the provisions of the Nursing Act, the board has likewise the power to adopt a code of nursing
ethics for the guidance of registered nurses in the Philippines in the observance of ethical
principles that should govern their nursing practice, conduct and professional relationships.
The professional code of ethics for Filipino nurses provides direction for the nurses to
act morally. It strongly emphasizes the four-fold responsibility of the nurse, the universality of
the nursing practice, the scope of their responsibilities to the people they serve, to their co-
workers, to society and environment, and to their profession.
Prior to 1984, the Code of Ethics used by Filipino nurses was the code promulgated by
the International Council of Nurses. In 1982, the Philippine Nurses Association Special
Committee, under the chairmanship of Dean Emeritus Julita V. Sotejo, developed Code of
Ethics for Filipino nurses. The 1982 Proceedings of the Third Annual Convention of the PNA
House of Delegates (HOD), published in October 1983, contains a detailed transcript of
discussion and eventual unanimous approval of the PNA Code of Ethics for Filipino Nurses.
In 1984, the Board of Nursing, Professional Regulation Commission adopted the Code
of Ethics of the International Council for Nurses through Board Resolution No. 633 dated March
21, 1984 adding “promotion of spiritual environment” as the fifth-fold responsibility of the nurse.
This was enforced up to 1989.
In 1989, the Code of Ethics promulgated by the Philippine Nurses Association was
approved by the Professional Regulation Commission and through Board Resolution No. 1955
was recommended for use. This was approved by the general assembly of the Philippine
Nurses Association during the Nurses Week Convention in October 25, 1990.
Pursuant to Section 3 of Republic Act no. 877, known as the Philippine Nursing Law,
and section 6 of P.D. 223, the amended Code of Ethics for Nurses recommended and
endorsed by the Philippine Nurses Association was adopted to govern the practice of nursing in
the Philippines.
A new Code of Ethics for Registered Nurses has been promulgated by the Board of
Nursing, in coordination and in consultation with the Accredited Professional Organization
(PNA). In its formulation, the Code of Good Governance for the Pr5ofessions was adopted and
integrated, as they apply to the Nursing Profession.
After consultation on October 23, 2003 at Iloilo City with the accredited professional
organization of registered nurses, the PNA, and other affiliated organizations of registered
nurses, the Code was adopted under Republic Act 9173 and promulgated by the Board of
Nursing under Resolution No. 220 Series of 2004 last July 14, 2004.
1. Ethics – the moral conduct of the principles underlying the desirable types of human
conduct. It is a science of ideals which guides our judgment concerning morality of
human acts. Whereas;
2. Moral – refers to the human conduct of ethics; the application of ethics.
Ethicist Joseph Fletcher differentiates morality from ethics. He states that morality is
what you believe is right and good while ethics is the critical reflection about morality and
rational analysis about it.
C. Importance of Ethics
The four elements of the Code of Ethics for Nurses : nurses and people, nurses and
practice, nurses and co-workers, nurses, society and environment and, nurses and the
profession give a framework for the standards of conduct. Nurses and nursing students can
therefore:
Study the standards under each element of the Code.
Reflect on what each standard means to you. Think about how you can
apply ethics in your nursing domain: practice, education, research or
management.
Discuss the Code with co-workers and others.
Use a specific example from experience to identify ethical dilemmas and
standards of conduct as outlined in the Code. Identify how you would resolve the
dilemmas.
Work in groups to clarify ethical decision making and reach a consensus on
standards of ethical conduct.
Collaborate with your national nurses’ association, co-workers, and others in
the continuous application of ethical standards in nursing practice, education,
management and research.
Excerpts from ICN - International Council of Nurses, 3, place Jean-Marteau, 1201 Geneva,
Switzerland
E. Concept of Nursing Ethics – aspect of moral philosophy which serves as guide in one’s
judgment or appraisal of the goodness or badness of acts relative to the practice of nursing.
Guiding Principles:
1. Nursing practice is predicated on the ideals of service
2. premised or personal sacrifices and devotion to duty for the benefit of the people
3. As a practitioner, her primary object is to render satisfactory professional service
4. A profound devotion to her professional duties and genuine concern in the
advancement of her profession for the promotion of public health and public welfare.
5. Primary responsibility is to help in the promotion of health and conversation of human
lives commensurate with her knowledge, training and experience, serve and care with
utmost solicitude and giving him always the best of her talent and skill.
6. Assumes IPSO-FACTO- the obligation to uphold the noble traditions of the profession.
7. As a citizen, a nurse is bound to fulfill her civic duties to abide by the laws, to have
sufficient knowledge of nursing and medical laws and to cooperate with the state in the
promotion of public health and welfare.
8. As a professional practitioner, the nurse should safeguard the reputation and dignity of
her co-workers.
1. The primary responsibility of the nurse to the patient is to give him/her the kind of care
his/her condition needs regardless of his/her race, creed, color, nationality or status. In
doing so, the patient’s care shall be based on needs, the physician’s orders, and the
ailment; and shall involve the patient and/or his/her family so that he/she or any of the
family can participate in his/her care.
2. The nurse can plan with the patient and family a specific nursing care of the patient
according to his or family’s needs and requirements.
3. The nurse should promote learning for the patient.
4. When giving care she should not forget that patients and human beings not just bodies
afflicted with illness (treatment of person not symptom).
5. A nurse is expected to show more commission to the patient than the physician.
6. Her primary consideration in assuming care is a concern for the patient’s welfare and
safety.
7. A nurse is responsible to give facts or information to the patient and his family which
they entitled to know.
8. A nurse guard as a sacred trust any confidential or private information from the patient
even after death of the patient except when it is required to show the interest of justice,
public health or public safety.
9. Nurses are advised to become familiar with the patient’s bill of rights and observe its
provisions.
10. Nurses should commit themselves to the welfare of those entrusted to their care. They
should be loyal to their sworn duty.
1. It is expected that nurses will not only carry out doctor’s orders accurately and
conscientiously but help plan and implement patient care as well.
2. He/she should call the physician’s attention when he makes mistakes before carrying
out his prescriptions otherwise he/she may be liable for the consequences.
3. nurses must report patient’s condition including results of therapies so that
management of care can be properly monitored and modified as necessary.
4. Nurses should familiarize themselves with the various routines, methods or
idiosyncrasies of physicians, so that smooth relationships can be maintained. In case
the patient has a complaint against the physician, this shall be tactfully brought to the
latter’s attention.
5. Any case of illegal, incompetent or unethical practice by any member of the health team
shall be brought to the attention of the appropriate authority through channels within the
institutional or agency setting.
6. Nurses should remember that any medical act relegated to them is illegal because it is
specified in the Medical Law that any licensed nurse who does this, even if supervised,
can be held for illegal practice of medicine.
1. A nurse should cooperate with the proper authorities in the enforcement of sanitary laws
and regulations and in the education of the masses on the p[promotion of individual and
community health.
2. takes part in enlightening the public regarding communicable disease (prevention and
cure)
3. Must be active in the performance of her duties as a citizen.
I. Responsibilities to Colleagues
1. Nurses are expected to be able to get along smoothly with their colleagues.
2. Nurses shall adjust themselves to the organization and know its policies and
procedures. They shall establish good working relationships with co-workers.
3. It is important that nurses know their place in the total organization so that they may
cooperate, coordinate and maximize their work.
4. Situations such as when nurses see their colleagues neglect their duties or are
incompetent shall be brought to the attention of the immediate supervisor or appropriate
authority within the agency setting before any life could be endangered.
5. Nurses should observe utmost caution, tact and prudence with respect to the official
conduct of his/her superiors or another nurse.
6. Should refrain from making unfair and unwarranted criticisms against another nurse or
doing anything that would discredit her colleagues.
7. Should not interfere with or take over the nursing care of a patient already under the
care of another nurse unless in case of emergency.
1. A nurse should be zealous in her professional growth by keeping abreast with the least
trends in nursing science, act and practice (join a bona fide professional organization)
2. Should be upright, diligent, sober, modest and well versed in both science and the act
of her profession.
3. Should not solicit patient by any means such as through advertisements, solicitors or
agents.
4. Must refrain from performing any act or any transaction that may be a discredit to
herself or to the profession and to bring to the attention of proper authorities any
unethical conduct of any registered nurse.
1. She ought to cooperate in safeguarding the reputation and dignity of the members of
other professions.
Resolution No. 14 contained developments that served as premises and justifications for its
issuance. It includes;
1. The increasing emphasis on the climate for specialization
Advances in science and technology direct initiatives toward high quality
performance in a field of choice.
2. The emergence of the concept of globalization
As imposed by the national laws of countries all over the world, this facilitates
the removal of barriers in trade, industry, and services.
3. Response to increasing demands of developments
Impels people in the service sector to address the challenges imposed by
changes resulting from advancement and innovations in facilities and strategies of
healthcare delivery
4. Adoption of a system of incentives and benefits
Recognizes individual and collective efforts as a process in inspiring nurses and
other stakeholders toward preparing practitioners to acquire expertise in delivering
service to their clientele
5. Current trend of specialization in nursing practice recognized by the International
Council of Nurses (ICN)
The deepening and refining of nursing practice and applying it to the Philippine
setting enhances the quality of nursing care and consequently benefits the Filipino
clientele
6. The need for a framework of the program, and detailing the mechanics, guidelines, and
procedures for its implementation.
The consultation of the Board of Nursing with the leaders of national nursing
association and other concerned nursing groups led to the decision of tasking a special
group of nurses to study and prepare a position paper that captures the process of
implementing the Nursing Specialty Certification Program. As a consequence,
resolution No. 14, Series of 1999, details the mechanics, guidelines and procedures for
its implementation.
The scope of Resolution 14 is covered in the following headings: (a) the framework; (b)
definition; (c) assumption; and the (nursing specialty certification council.
The term, Specialty Certification, in the Resolution is defined in three (3) perspectives –
(a) a process; (b) as a mechanism; and () as an act. It is the process whereby qualified agents,
based on a variety of measures and assessment strategies, confirm or attest that individual
nurses who underwent training and instruction for advanced nursing practice in specialized
nursing services meet minimum standards set at specified times. It is a mechanism that is used
to validate achievement of a level of clinical specialty of functional expertise and competence
that goes beyond the level of basic licensure. And finally, it is the act of a competent authority,
embodied in a document certifying that one has fulfilled the requirements of and may practice
in a particular level and field of specialization.
The Nursing Specialty Certification Council is described in Resolution No. 14 under nine
(9) sub-topics, including:
1. Mission
2. Commitment of the Board of Nursing
3. Function of the Nursing Specialty Certification Council
4. Creation of the Sub-specialty Boards
5. Organizational Structure
6. Creation of the Appeals Panel
7. Creation of the Specialty Certification Board
8. Formulation of the criteria for the selection and qualifications of committee
members; and
9. The levels for certification
The three (3) levels subject to certification are (1) Level I – Nurse Clinician I; (2) Level II
– Nurse Clinician II; and (3) Level III – Clinical Nurse Specialist.
o Salary. Minimum base pay of nurses in public health institutions shall not be
lower than the first step or hiring rate prescribed for Salary Grade 15 pursuant to
R.A. 6758, otherwise known as the Compensation and Classification Act of
1989.
o Funding for the comprehensive Nursing Specialty Program. The annual
financial requirement to rain at least ten (10) percent of the nursing staff of the
participating hospital shall be chargeable against the incomes of the Philippine
Charity Sweepstakes.
o Incentives and Benefits. Incentives and benefits shall be limited to non-cash
benefits such as free hospital care for nurses and their dependents and
scholarship grants.
Penal and Miscellaneous Provisions
o Penalty for violation of this Act in fines has been increased to
not less than fifty thousand pesos nor more than one hundred thousand pesos.
o Imprisonment of not less than one (1) year nor more than six
(6) years or both fine and imprisonment upon the discretion of the Board
NURSING JURISPRUDENCE
Department of law which comprises all the legal rules and principles affecting the
practice of nursing
Includes the study and interpretation of rules and principles and their application in the
regulation of the practice of nursing.
Functions of Law of Nursing
Provides a framework for establishing what nursing actions in the care of patients are
legal
delineates the nurse’s responsibilities from those of other professionals
Helps to establish the boundaries of independent nursing actions\
Assists in maintaining a standard of nursing practice by making nurses accountable to
the law
RA 6725
Law on women with respect to terms and conditions of employment
RA 7192
Women in developing and nation building Act
RA 7600
Rooming-in and Breastfeeding Act
RA 7877
Anti-sexual harassment Act of 1995
Executive Order 266
Institutionalizing of continuing professional education of various boards under the
supervision of PRC
LOI 567
Validity of license in three years (PRC resolution no. 187, renewal on birth date not later
than the 20th of the next month)
RA 8981
PRC Modernization Law
RA 9173
Philippine Nursing Act of 2002
Professional Negligence
Examples of Negligence
1. Burns resulting from hot water bags, heat lamps, vaporizers or sitz baths
2. Objects left inside the patients body such as sponges
3. Drugs given to the wrong person
4. wrong medicine, wrong concentration, wrong route or wrong dose
Rule: When a thing which has caused an injury is shown to be under the management of the
party charged with negligence and the accident is such as in the ordinary course of things will
not happen if those who have such management use proper care, the accident itself affords
reasonable evidence in the absence of explanation by the parties charged, that is rose from the
want of proper care.
Example of such case is the presence of sponges in the patient’s abdomen after an operation.
Malpractice – implies the idea of improper or unskillful care of a patient by a nurse. Also
denotes stepping beyond one’s authority with serious consequences. It is a term for negligence
or carelessness of professional personnel.
Rule: When a debtor is unable to comply with his obligation because of force majeure he
cannot be held liable for such performance. In the absence of stipulations to the contrary,
impossibility of performance, without the negligence of the parties, prevents the enforcement of
bond or contract.
Circumstances such as floods, fire earthquakes and accidents falls under this doctrine and
nurses who fail to render service during these circumstances are not held negligent.
Doctrine of RESPONDEAT SUPERIOR – let the master answer for the acts of the
subordinate.
Rule: The masters is responsible for the want of care on the part of the servant toward those to
whom the master is under the duty to use care, provided the failure of the servant to use such
care occurred in the course of his employment.
Example of this is that if the hospital will decides to hire under board nurses or midwives in
place of professional nurse in an effort to cut down on expenses and these persons prove to be
incompetent then the hospital will be held liable.
Incompetence – lack of ability, legal qualifications of fitness to discharge the required duty.
Crime – an act committed or omitted in violation of societal law and punishable by a fine and/or
imprisonment or death
Two Elements
1. criminal act
2. evil/criminal intent
Conspiracy to commit a crime – exists when two or more persons agree to commit a felony
and decide to do it.
Principals – are those who take a direct part in the execution of the act; who directly
force or induce others to commit it
Accomplices – are those persons who, not being principals, cooperate in the execution
of the offense by previous or simultaneous act.
Accessories – are those who, having knowledge of the commission of the crime; by
profiting themselves or assisting the offender to profit from the effects of
the crime by destroying or concealing body of the crime, or the effects or
instruments, in order to prevent its discovery or by harboring, concealing or
assisting in the escape of their principal of the crime.
Criminal Actions – deal with acts or offenses against public welfare. Vary from minor offenses
and misdemeanor to felonies.
Misdemeanor – a general name for a criminal offense which does not in law amount to
felony. Punishment is usually a fine or imprisonment for a term of less than
one year.
Felony – is a public offense for which is convicted person is liable to be sentenced to
death or to be imprisoned in a penitentiary or prison. A felony is committed
with deceit and fault.
Deceit (Dolo) – exists when the act is performed with deliberate intent
Fault (Culpa) - when wrongful acts result from imprudence, negligence or lack of
skill or foresight.
Classes of Felonies
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
a. Unlawful aggression.
b. Reasonable necessity of the means employed to prevent or repel it.
c. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity
in the same degrees and those consanguinity within the fourth civil degree, provided that
the first and second requisites prescribed in the next preceding circumstance are present,
and the further requisite, in case the revocation was given by the person attacked, that the
one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this Art. are present and that the
person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to
another, provided that the following requisites are present;
a. That the evil sought to be avoided actually exists;
b. That the injury feared be greater than that done to avoid it;
c. That there be no other practical and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a
felony (delito), the court shall order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be permitted to leave without first
obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance with the
provisions of Revised Penal Code.
4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.
1. When all the requisites necessary to justify or to exempt from criminal liability in the
respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, or relatives by affinity within the
same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above
mentioned.
Alternative circumstances are those which must be taken into consideration as aggravating
or mitigating according to the nature and effects of the crime and the other conditions attending
its commission. They are the relationship, intoxication and the degree of instruction and
education of the offender. The alternative circumstance of relationship shall be taken into
consideration when the offended party in the spouse, ascendant, descendant, legitimate,
natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstances
when the offender has committed a felony in a state of intoxication, if the same is not habitual
or subsequent to the plan to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance.
Infanticide – is the killing of a child less than three (3) days of age
Abortion – expulsion of the product of conception before the age of variability with the intention
of prematurely ending a pregnancy, willfully and unlawfully does any act to cause the same is
guilty of procuring abortion
Parricide – a crime committed by one who kills his/her father, mother or child whether
legitimate or illegitimate, or any of his/her ascendants or descendants of his/her spouse
Simulation of birth – substitute one child for another, falsification of birth favoring adoption
Examples of torts:
1. Assault and Battery. Assault is the imminent threat of harmful or offensive bodily
contact while battery is an intentional, unconsented touching of another person.
2. False Imprisonment of Illegal detention. Means unjustifiable detention of a
person without a legal warrant within boundaries fixed by the defendant by an
act or violation of duty intended to result in such confinement.
3. Invasion of Right to Privacy and Breach of Confidentiality. Nurses may be liable
for invasion of privacy if they divulge information from a patient’s chart to
improper sources or unauthorized persons.
4. Defamation. In general, character assassination, be it written or spoken
constitutes defamation.
a. Slander – oral defamation of a person by speaking unprivileged
of false words by which his reputation is damaged
b. Libel – is defamation by written words, cartoons or such
representations
Contract
Meeting of minds between two persons whereby one binds himself, with respect to the
other, to give something or to render some service
An agreement between two or more competent persons upon sufficient consideration to
do or not do some lawful act
Can be written or oral
Kinds of contract
1. Formal Contract – refers to an agreement among parties involved and is
required to be in writing by some special laws.
2. Informal contract – one which is concluded as the result of a written document or
correspondence where the law does not require the same to be in writing, or as
the result of oral and spoken discussion between parties or conduct between the
parties, evidence and intention to contract.
3. Express contract – is one in which the conditions and terms of the contract are
given orally or in writing by the parties concerned.
4. Implied contract – is one that is concluded as a result of acts of conduct of the
parties to which the law ascribes an objective intention to enter into contract.
5. void contract – is one that is inexistent from the very beginning and therefore
may not be enforced
6. Illegal contract – is one that is expressly prohibited by law.
Requisites of a contract
1. two or more persons must participate
2. parties involved must give consent to the contract
3. the object must be specified such as:
all things which are not outside the commerce of man
all rights which are not intransmissible
future inheritance in cases expressly authorized by law
all services which are not contrary to law, morals, good customs, public order
and public policy
4. The cause of obligation is established
5. Contracting parties must have legal capacity to enter into a contract. They must:
be of legal age
be of sound mind
not under the influence of intoxicating drugs, or fear of bodily harm
not be suffering form physical disability such as those who are mentally
incompetent
Consent – free and rational act that presupposes knowledge of the thing to which consent is
being given by a person who is legally capable to give consent.
Informed Consent. It is established principle of law that every human being of adult years and
sound mind has the right to determine what shall be done with his own body.
Proof of Consent. A written consent should be signed to show that the procedure is the one
consented to and that person understands the nature of the procedure, the risks involved and
possible consequences.
Who must consent. Ordinarily, the patient is the one who gives the consent in his own behalf.
However, if he is incompetent or physically unable and is not an emergency cse, consent must
be taken from another who is authorized to give it in his behalf.
Consent of Minors. Parents, or someone standing in their behalf, gives the consent to medical
or surgical treatment of a minor. Parental consent is not needed however, if the minor is
married or otherwise emancipated.
Emergency situation. No consent is necessary because inaction at such time may cause
greater injury.
Refusal to Consent. A patient who is mentally and legally competent (sane mind and of legal
age) has the right to refuse the touching of his body or to submit to a medical or surgical
procedure no matter how necessary, nor how imminent the danger to his life if he fails to
submit to treatment.
Consent for Sterilization. The husband and wife must consent to the procedure if the
operation is primarily to accomplish sterilization. When sterilization is medically necessary and
the sterilization in an incidental result such as ectopic pregnancies, the patient’s consent alone
is sufficient.
Will
is a legal declaration of a person’s intentions upon death
called a testamentary document because it takes effect after the death of its maker
an act whereby a person is permitted with the formalities prescribed by law, to control to
a certain degree the deposition of his estate, to take effect after his death
Decedent – a person whose property is transmitted through succession whether or not he left a
will
Heir – is a person called to succession either by the provision of a will or by operation of law
Legal Requirements
must be of right age – under 18 years of age cannot make a will
of sound mind and have clear thinking ability
free from undue influence
the testator shall name the person who will be in-charge of carrying out the provisions of
the will
Properties must be disposed in accordance with legal requirements
The will must be signed by the testator, attested and signed by at least three witnesses
in his presence and of one another
Every will must be acknowledged before a notary public by the testator and witnesses
Witnesses to the wills shall be of sound mind, 18 years of age or more, not blind, deaf
or dumb, and able to read and write
Nurse’s obligations
The nurse should note the soundness of the patient’s mind
That there was freedom from fraud or undue influence
That the patient was above 18 years of age
He should note that the will was signed by the testator, that the witnesses were all
present at the same time and signed the will in the presence of the testator
For the protection of the nurse, she should make notation on the patient’s chart of the
apparent mental and physical condition of the patient at the time of making the will and
also the fact of his making the will.
Commencement of Action
The first step in the trial process is to determine what kind of legal action to take
Statutes of Limitation
Complaint must be made within a specific time or the right to complain may be lost
forever
Claims for negligence or malpractice vary from two (2) to three (3) years
In criminal cases, statutes of limitation carry form two (2) to six (6) years except in
cases where murder is committed in which there is no time limit
Pleadings
1st pleading
o complaint or petition (less serious crimes) – misdemeanor
o indictments (more serious crimes) - felonies
Pre-trial
informal discussion between judge and attorney to eliminate matters not
in dispute, agree on issues and settle procedural trial
Trial
facts of the case are determined
the judge determine the facts and applies the law
witness
subpoena – court summons directing a witness to appear and give
testimony on the date and time ordered
subpoena duces tecum – requires witness to bring records, papers and
the like which may be in his possession
testimony of facts – testifying only on what she knows based on facts
testimony of opinion – may only be given by expert witnesses
Perjury – false swearing under oath
Hearsay evidence – or a repetition of what the witness has heard others
say
Privileged communications – are statements uttered in good faith
Dying declarations or ante-mortem statements – hearsay evidence
except when made by a victim of a crime
Appeals
An appellate court reviews the case and when case is decided by it, the final judgment
results and matter is ended
Execution of judgment
Generally, lawsuits against hospitals or physicians and nurses involve recovery of
money damages
WHEREAS, the Board of Nursing has the power to promulgate a Code of Ethics for
Registered Nurses in coordination and consultation with the accredited
professional organization (Sec. 9, (g), Art. III of R.A. No. 9173, known as the “Philippine
Nursing Act of 2002);
WHEREAS, in the formulation of the Code of Ethics for Registered Nurses, the Code of
Good Governance for the Professions in the Philippines was utilized as the
principal basis therefore: All the principles under the said Code were adopted and
integrated into the Code of Ethics as they apply to the nursing profession;
WHEREAS, the promulgation of the said Code as a set of guidelines, regulations or
measures shall be subject to approval by the Commission (Sec. 9, Art. II of R.A.
No. 9173); and
WHEREAS, the Board, after consultation on October 23, 2003 at Iloilo City with the
accredited professional organization of registered nurses, the Philippine Nurses
Association, Inc (PNA), and other affiliate organizations of Registered Nurses,
decided to adopt a new Code of Ethics under the afore-mentioned new Law;
NOW, THEREFORE, the Board hereby resolved, as it now resolves, to promulgate the
hereunder Code of Ethics for Registered Nurses:
ARTICLE I
PREAMBLE
SECTION 1.
SECTION 2.
SECTION 3.
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
a. consider the individuality and totality of patients when they administer care.
b. respect the spiritual beliefs and practices of patients regarding diet and
treatment.
c. uphold the rights of individuals.
d. 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
4. Registered Nurses are the advocates of the patients: they shall take appropriate
steps to safeguard their rights and privileges.
Guidelines to be observed:
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
SECTION 18.
The Certificate of Registration of Registered Nurse shall either be revoked or
suspended for violation of any provisions of this Code pursuant to Sec. 23 (f), Art. IV of
R. A. No. 9173 and Sec. 23 (f), Rule III of Board Res. No. 425, Series of 2003, the IRR.
SECTION 19.
The Amended Code of Ethics promulgated pursuant to R. A. No. 877 and P.D.
No. 223 is accordingly repealed or superseded by the herein Code.
SECTION 20.
This Code of Ethics for Nurses shall take effect after fifteen (15) days from its
full and complete publication in the Official Gazette or in any newspapers of general
circulation. Done in the City of Manila, this 14th day of July, 2004.
(original signed)
Republic Act No. 9173
ARTICLE I
Title
Section 1. Title. - This Act shall be known as the "Philippine Nursing Act of 2002."
ARTICLE II
Declaration of Policy
ARTICLE III
Organization of the Board of Nursing
Section 6. Term of Office.. - The Chairperson and Members of the Board shall hold office for a
term of three (3) years and until their successors shall have been appointed and qualified:
Provided, That the Chairperson and members of the Board may be re-appointed for another
term.
Any vacancy in the Board occurring within the term of a Member shall be filled for the
unexpired portion of the term only. Each Member of the Board shall take the proper oath of
office prior to the performance of his/her duties.
The incumbent Chairperson and Members of the Board shall continue to serve for the
remainder of their term under Republic Act No. 7164 until their replacements have been
appointed by the President and shall have been duly qualified.
Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and
Support Services. - The Board shall be under the administrative supervision of the
Commission. All records of the Board, including applications for examinations, administrative
and other investigative cases conducted by the
Board shall be under the custody of the Commission. The Commission shall designate the
Secretary of the Board and shall provide the secretariat and other
support services to implement the provisions of this Act.
Section 9. Powers and Duties of the Board. - The Board shall supervise and regulate the
practice of the nursing profession and shall have the following powers, duties and functions:
(a) Conduct the licensure examination for nurses;
(b) Issue, suspend or revoke certificates of registration for the practice of nursing;
(c) Monitor and enforce quality standards of nursing practice in the Philippines and
exercise the powers necessary to ensure the maintenance of efficient, ethical and
technical, moral and professional standards in the practice of nursing taking into
account the health needs of the nation;
(d) Ensure quality nursing education by examining the prescribed facilities of
universities or colleges of nursing or departments of nursing education and those
seeking permission to open nursing courses to ensure that standards of nursing
education are properly complied with and maintained at all times. The authority to
open and close colleges of nursing and/or nursing education programs shall be
vested on the Commission on Higher Education upon the written recommendation
of the Board;
(e) Conduct hearings and investigations to resolve complaints against nurse
practitioners for unethical and unprofessional conduct and violations of this Act, or
its rules and regulations and in connection therewith, issue subpoena ad
testificandum and subpoena duces tecum to secure the appearance of respondents
and witnesses and the production of documents and punish with contempt persons
obstructing, impeding and/or otherwise interfering with the conduct of such
proceedings, upon application with the court;
(f) Promulgate a Code of Ethics in coordination and consultation with the accredited
professional organization of nurses within one (1) year from the effectivity of this
Act;
(g) Recognize nursing specialty organizations in coordination with the accredited
professional organization; and
(h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and
decisions as may be necessary for the improvements of the nursing practice,
advancement of the profession and for the proper and full enforcement of this Act
subject to the review and approval by the Commission.
Section 10. Annual Report. - The Board shall at the close of its calendar year submit an annual
report to the President of the Philippines through the Commission giving a detailed account of
its proceedings and the accomplishments during the year and making recommendations for the
adoption of measures that will upgrade and improve the conditions affecting the practice of the
nursing profession.
Section 11. Removal or Suspension of Board Members. - The president may remove or
suspend any member of the Board after having been given the opportunity to defend
himself/herself in a proper administrative investigation, on the following grounds;
(a) Continued neglect of duty or incompetence;
(b) Commission or toleration of irregularities in the licensure examination; and
(c) Unprofessional immoral or dishonorable conduct.
ARTICLE IV
Examination and Registration
Section 12. Licensure Examination. - All applicants for license to practice nursing shall be
required to pass a written examination, which shall be given by the Board in such places and
dates as may be designated by the Commission: Provided, That it shall be in accordance with
Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000."
Section 13. Qualifications for Admission to the Licensure Examination. - In order to be admitted
to the examination for nurses, an applicant must, at the time of filing his/her application,
establish to the satisfaction of the Board that:
(a) He/she is a citizen of the Philippines, or a citizen or subject of a country which
permits Filipino nurses to practice within its territorial limits on the same basis as the
subject or citizen of such country: Provided, That the requirements for the
registration or licensing of nurses in said country are substantially the same as
those prescribed in this Act;
(b) He/she is of good moral character; and
(c) He/she is a holder of a Bachelor's Degree in Nursing from a college or university that
complies with the standards of nursing education duly recognized by the proper
government agency.
Section 14. Scope of Examination. - The scope of the examination for the practice of nursing in
the Philippines shall be determined by the Board. The Board shall take into consideration the
objectives of the nursing curriculum, the broad areas of nursing, and other related disciplines
and competencies in determining the subjects of examinations.
Section 15. Ratings. - In order to pass the examination, an examinee must obtain a general
average of at least seventy-five percent (785%) with a rating of not below sixty percent (60%) in
any subject. An examinee who obtains an average rating of seventy-five percent (75%) or
higher but gets a rating below sixty percent (60%) in any subject must take the examination
again but only in the subject or subjects where he/she is rated below sixty percent (60%). In
order to pass the succeeding examination, an examinee must obtain a rating of at least
seventy-five percent (75%) in the subject or subjects repeated.
Section 16. Oath. - All successful candidates in the examination shall be required to take an
oath of profession before the Board or any government official authorized to administer oaths
prior to entering upon the nursing practice.
A professional identification card, duly signed by the Chairperson of the Commission, bearing
the date of registration, license number, and the date of issuance and expiration thereof shall
likewise be issued to every registrant upon payment of the required fees.
Section 18. Fees for Examination and Registration. - Applicants for licensure and for
registration shall pay the prescribed fees set by Commission.
Section 19. Automatic Registration of Nurses. - All nurses whose names appear at the roster of
nurses shall be automatically or ipso facto registered as nurses under this Act upon its
effectivity.
The Board shall furnish the applicant a written statement setting forth the reasons for its
actions, which shall be incorporated in the records of the Board.
Section 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates. - The
Board may, after the expiration of a maximum of four (4) years from the date of revocation of a
certificate, for reasons of equity and justice and when the cause for revocation has disappeared
or has been cured and corrected, upon proper application therefore and the payment of the
required fees, issue another copy of the certificate of registration/professional license.
A new certificate of registration/professional license to replace the certificate that has been lost,
destroyed or mutilated may be issued, subject to the rules of the Board.
ARTICLE V
Nursing Education
Section 25. Nursing Education Program. - The nursing education program shall provide sound
general and professional foundation for the practice of nursing. The learning experiences shall
adhere strictly to specific requirements embodied in the prescribed curriculum as promulgated
by the Commission on Higher Education's policies and standards of nursing education.
Section 26. Requirement for Inactive Nurses Returning to Practice. - Nurses who have not
actively practiced the profession for five (5) consecutive years are required to undergo one (1)
month of didactic training and three (3) months of practicum. The Board shall accredit hospitals
to conduct the said training program.
Section 27. Qualifications of the Faculty. - A member of the faculty in a college of nursing
teaching professional courses must:
(a) Be a registered nurse in the Philippines;
(b) Have at least one (1) year of clinical practice in a field of specialization;
(c) Be a member of good standing in the accredited professional organization of nurses;
and
(d) Be a holder of a master's degree in nursing, education, or other allied medical and
health sciences conferred by a college or university duly recognized by the
Government of the Republic of the Philippines.
ARTICLE VI
Nursing Practice
Section 28. Scope of Nursing. - A person shall be deemed to be practicing nursing within the
meaning of this Act when he/she singly or in collaboration with another, initiates and performs
nursing services to individuals, families and communities in any health care setting. It includes,
but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler,
preschool, school age, adolescence, adulthood, and old age. As independent practitioners,
nurses are primarily responsible for the promotion of health and prevention of illness. A
members of the health team, nurses shall collaborate with other health care providers for the
curative, preventive, and rehabilitative aspects of care, restoration of health, alleviation of
suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of
the nurse to:
(a) Provide nursing care through the utilization of the nursing process. Nursing care
includes, but not limited to, traditional and innovative approaches, therapeutic use of
self, executing health care techniques and procedures, essential primary health
care, comfort measures, health teachings, and administration of written prescription
for treatment, therapies, oral topical and parenteral medications, internal
examination during labor in the absence of antenatal bleeding and delivery. In case
of suturing of perineal laceration, special training shall be provided according to
protocol established;
(b) establish linkages with community resources and coordination with the health team;
(c) Provide health education to individuals, families and communities;
(d) Teach, guide and supervise students in nursing education programs including the
administration of nursing services in varied settings such as hospitals and clinics;
undertake consultation services; engage in such activities that require the utilization
of knowledge and decision-making skills of a registered nurse; and
(e) Undertake nursing and health human resource development training and research,
which shall include, but not limited to, the development of advance nursing practice;
Provided, That this section shall not apply to nursing students who perform nursing
functions under the direct supervision of a qualified faculty: Provided, further, That in
the practice of nursing in all settings, the nurse is duty-bound to observe the Code of
Ethics for nurses and uphold the standards of safe nursing practice. The nurse is
required to maintain competence by continual learning through continuing
professional education to be provided by the accredited professional organization or
any recognized professional nursing organization:
Provided, finally, That the program and activity for the continuing professional education
shall be submitted to and approved by the Board.
Provided, further, That for primary hospitals, the maximum academic qualifications and
experiences for a chief nurse shall be as specified in subsections (a), (b), and (c) of this
section: Provided, furthermore, That for chief nurses in the public health nursing shall be given
priority. Provided, even further,
That for chief nurses in military hospitals, priority shall be given to those who have finished a
master's degree in nursing and the completion of the General Staff Course (GSC): Provided,
finally, That those occupying such positions before the effectivity of this Act shall be given a
period of five (5) years within which to qualify.
ARTICLE VII
Health Human Resources Production, Utilization and Development
Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Development. -
The Board, in coordination with the accredited professional organization and appropriate
government or private agencies shall initiate undertake and conduct studies on health human
resources production, utilization and development.
Section 31. Comprehensive Nursing Specialty Program. - Within ninety (90) days from the
effectivity of this Act, the Board in coordination with the accredited professional organization
recognized specialty organizations and the Department of Health is hereby mandated to
formulate and develop a comprehensive nursing specialty program that would upgrade the
level of skill and competence of specialty nurse clinicians in the country, such as but not limited
to the areas of critical care, oncology, renal and such other areas as may be determined by the
Board.
The beneficiaries of this program are obliged to serve in any Philippine hospital for a period of
at least two (2) years and continuous service.
Section 32. Salary. - In order to enhance the general welfare, commitment to service and
professionalism of nurses the minimum base pay of nurses working in the public health
institutions shall not be lower than salary grade 15 prescribes under Republic Act No. 6758,
otherwise known as the "Compensation and Classification Act of 1989": Provided, That for
nurses working in local government units, adjustments to their salaries shall be in accordance
with Section 10 of the said law.
Section 33. Funding for the Comprehensive Nursing Specialty Program. – The annual financial
requirement needed to train at least ten percent (10%) of the nursing staff of the participating
government hospital shall be chargeable against the income of the Philippine Charity
Sweepstakes Office and the Philippine Amusement and Gaming Corporation, which shall
equally share in the costs and shall be released to the Department of Health subject to
accounting and auditing procedures: Provided, That the department of Health shall set the
criteria for the availment of this program.
Section 34. Incentives and Benefits. - The Board of Nursing, in coordination with the
Department of Health and other concerned government agencies, association of hospitals and
the accredited professional organization shall establish an incentive and benefit system in the
form of free hospital care for nurses and their dependents, scholarship grants and other non-
cash benefits.
The government and private hospitals are hereby mandated to maintain the
standard nurse-patient ratio set by the Department of Health.
ARTICLE VIII
Penal and Miscellaneous Provisions
Section 35. Prohibitions in the Practice of Nursing. - A fine of not less than Fifty
thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P100,000.00) or
imprisonment of not less than one (1) year nor more than six (6) years, or both, upon the
discretion of the court, shall be imposed upon:
(a) any person practicing nursing in the Philippines within the meaning of this Act:
(1) without a certificate of registration/professional license and professional
identification card or special temporary permit or without having been
declared exempt from examination in accordance with the provision of this
Act; or
(2) who uses as his/her own certificate of registration/professional license and
professional identification card or special temporary permit of another; or
(3) who uses an invalid certificate of registration/professional license, a
suspended or revoked certificate of registration/professional license, or an
expired or cancelled special/temporary permits; or
(4) who gives any false evidence to the Board in order to obtain a certificate of
registration/professional license, a professional identification card or special
permit; or
(5) who falsely poses or advertises as a registered and licensed nurse or uses
any other means that tend to convey the impression that he/she is a
registered and licensed nurse; or
(6) who appends B.S.N./R.N. (Bachelor of Science in
Nursing/Registered Nurse) or any similar appendage to his/her name without
having been conferred said degree or registration; or
(7) who, as a registered and licensed nurse, abets or assists the illegal practice
of a person who is not lawfully qualified to practice nursing.
(b) any person or the chief executive officer of a judicial entity who undertakes in-
service educational programs or who conducts review classes for both local and
foreign examination without permit/clearance from the Board and the Commission;
or
(c) any person or employer of nurses who violate the minimum base pay of nurses and
the incentives and benefits that should be accorded them as specified in Sections
32 and 34; or
(d) any person or the chief executive officer of a juridical entity violating any provision of
this Act and its rules and regulations.
ARTICLE IX
Final Provisions
Section 36. Enforcement of this Act. - It shall be the primary duty of the Commission and the
Board to effectively implement this Act. Any duly law enforcement agencies and officers of
national, provincial, city or municipal governments shall, upon the call or request of the
Commission or the Board, render assistance in enforcing the provisions of this Act and to
prosecute any persons violating the same.
Section 37. Appropriations. - The Chairperson of the Professional Regulation Commission shall
immediately include in its program and issue such rules and regulations to implement the
provisions of this Act, the funding of which shall be included in the Annual General
Appropriations Act.
Section 38. Rules and Regulations. - Within ninety (90) days after the effectivity of this Act, the
Board and the Commission, in coordination with the accredited professional organization, the
Department of Health, the Department of Budget and Management and other concerned
government agencies, shall formulate such rules and regulations necessary to carry out the
provisions of this Act. The implementing rules and regulations shall be published in the Official
Gazette or in any newspaper of general circulation.
Section 39. Reparability Clause. - If any part of this Act is declared unconstitutional, the
remaining parts not affected thereby shall continue to be valid and operational.
Section 40. Repealing Clause. - Republic Act No. 7164, otherwise known as the
"Philippine Nursing Act of 1991" is hereby repealed. All other laws, decrees, orders, circulars,
issuances, rules and regulations and parts thereof which are inconsistent with this Act are
hereby repealed, amended or modified accordingly.
Section 41. Effectivity. - This act shall take effect fifteen (15) days upon its publication in the
Official Gazette or in any two (2) newspapers of general circulation in the Philippines.
ARTICLE I
Section 1. Objectives. The CPE programs shall have these objectives: (1) To provide
and ensure the continuous education of a registered professional with the latest trends in the
profession brought about by modernization and scientific and technological advancement; (2)
To raise and maintain the professional’s capability for delivering professional services; (3) To
attain and maintain the highest standards and quality in the practice of his profession; (4) To
make the professional globally competitive; and (5) To promote the general welfare of the
public.
Section 3. Nature. The CPE programs consist of properly planned and structured
activities, the implementation of which requires the participation of a determinate group of
professionals to meet the requirements of voluntarily maintaining and improving the
occupational standards and ethics of the professionals.
Section 4. Rationale. Voluntary compliance with the CPE program is an effective and
credible means of ensuring competence, integrity and global competitiveness of professionals
in order to allow him/her to continue the practice of his/her profession.
ARTICLE II
Section 6. Composition. Each CPE Council shall be composed of a chairperson and two
(2) members. The chairperson of each CPE Council shall be chosen from among the members
of the PRB by the members themselves. The first member shall be the president or, in his
absence or incapacity, any officer chosen by the Board of Directors of the Accredited
Professional Organization (APO). The second member shall be the president or, in his absence
or incapacity, any officer of the organization of deans or departments heads of schools,
colleges or universities offering the course requiring licensure examination. In the absence of
such organization, the second member shall be chosen and appointed by the PRC from at
least three (3) recommendees of the PRB concerned. Said recommendees shall be well-known
academicians.
Section 7. Terms of Offices. The term of office of the chairperson of each CPE Council
shall be co-terminus with his/her incumbency in the PRC. The first member shall have a term of
office co-terminus with his/her incumbency as officer of the APO; the second member shall
have a term of office co-terminus with his/her incumbency as officer of the organization of
deans or heads of departments. In the case of the academician chosen and appointed by the
PRC, his/her term of office shall be for two (2) years with one reappointment. Except in the
case of the academician-member, upon the expiration of their respective terms of office in the
PRB, APO or organization of deans or heads of departments, the chairperson, first member
and second member shall continue to function as such in the CPE Council until the
appointment or election of their respective successors in the PRB, APO or organization.
Section 8. Exercise of Powers and Functions. Each CPE Council shall, upon a majority
vote, exercise powers and functions shall include but shall not be limited to the following:
Section 9. Functions of the CPE Council Chairperson. - The CPE Council Chairperson
shall have the following functions:
1. To see to it that the sessions, meetings or proceedings of the CPE Council are
recorded;
2. To prepare the minutes of all the meetings and proceedings of the CPE Council.
3. To receive applications for accreditation of providers, programs, activities or sources;
4. To submit to the CPE Council applications for accreditation of aspiring providers and
CPE programs, activities or sources;
5. To release Certificates of Accreditation to CPE providers and programs, activities or
sources; and
6. To assist the CPE Council by providing relevant statistical data on the renewal of
professional licenses and other related matters.
The Secretary shall exercise general supervision and control over each of the CPE
Council Secretaries, the staff of which shall be selected by the Chairperson of the PRC from
among the existing personnel of the PRC. Each of the CPE Council Secretaries shall have, the
following functions:
Section 11. Meetings.- The CPE Council shall hold regular meetings once a month on
dates to be fixed by the Council. Special meetings may be called by the Chairperson or upon
written request of at least a member of the Council.
ARTICLE III
Section 12. Criteria for Accreditation. - In order to merit accreditation, the following
criteria shall be complied with:
Section 13. Programs, Activities and Sources for Accreditation and Equivalent Credit
Units. Any provider may submit to the Council programs, activities or sources to be approved
and accredited for CPE units. The provider shall be notified of the disapproval of the CPE
programs, activities or sources without prior approval and accreditation from the Council.
The following is the Matrix for CPE programs, activities or sources with their
corresponding credit units and supporting documents required.
Section 14. CPE Credit Units. - The total CPE credit units for registered professionals
shall be sixty (60) credit units for three years. Any excess credit units earned shall not be
carried over to the next three-year period except credit units earned for doctoral and masteral
degrees.
The total CPE credit units for registered professionals without baccalaureate degrees
shall be thirty (30) credit units for three years. Any excess shall not be carried over to the next
three-year period.
One credit hour of CPE program, activity or source shall be equivalent to one (1) credit
unit.
Section 15. Procedures. The Council shall observe the following procedure for the
accreditation of CPE providers and CPE programs, activities or sources:
III. All applicants shall submit to the CPE Council for Agricultural Engineering the
following;
1. Mechanism for measuring the quality of the program, activity, of source
being offered.
2. Criteria for selecting and evaluating speakers, resource persons or lecturers.
IV. Payment by the accredited provider of Five-thousand (P5,000.00) pesos each for
the initial accreditation and every renewal thereof