10/28/2018

NCM 207-A FINAL NOTES

In preparation for Nursing Licensure Examination

As a nurse begins her professional obligations, her legal responsibility begin as well.

License to practice under the law  held responsible and accountable  quality & performance of her duties

 Duty – moral or legal obligation to do what is right and expected

 Responsibility – an obligation to perform some act for which one can be held accountable
 Accountability – answerable for one’s conduct/action; carries the idea of sanction & penalty
 Liability – legal responsibility of a person to account for wrongful acts by making financial
reinstitutions
 Jus soli – by birth
 Jus sanguinis – citizenship of parents
 Law – rule of civil conduct prescribed by the supreme power in a state commanding what is right and
prohibiting what is wrong.
 Jurisprudence – the theory and philosophy of law
 Nursing Jurisprudence – all laws, rules, doctrines, and principles, legal opinions, and decisions of
competent authority on the governance and regulation of nursing practice.
 Nursing Legislation – process of making laws for the protection, promotion and improvement of the
nursing practice

Act #2493  Amended Act #110

 Nurses must apply for registration with the ff. requirement: (a) good moral
character, (b) good health, and (c) at least 21 years old
Public Act #2808  “First True Nursing Law”
 Created a Board of Examiners for nurses with 3 members
Act #3025  Amplified definition of the nursing profession
 Registered Red Cross and welfare workers from US as RN’s in the Philippines
Public Act #3438  Changed the dates for nursing examinations: 2nd Monday of April and October
Act #4007  “Reorganization Law of 1932”, changes:
 Bureau of Civil Service conducts exams
 Department of Public Instruction has jurisdiction over BOE
Executive Order #317  Transferred jurisdiction of the BOE to the DOH and Public Welfare
RA 546  Placed BOE under the direct supervision of the President of the Philippines
RA 877  “Philippine Nursing Law”
 First triumph of Filipino Nurses
 The Board was composed of 3 nurses
RA 4704  Increased BOE members to 5
 65 years age limit for board members
 Required Master’s Degree BOE and nursing college Deans
PD 223  Created the Professional Regulation Commission to regulate the different
professions
RA 7164  “Philippine Nursing Act of 1991”
RA 8981  “PRC Modernization Act of 2000”, which repealed PD 223
 Introduced the “Professional ID Card”
RA 9173  “Philippine Nursing Law of 2002”

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PRC-BON Members

Hon. Carmencita Abaquin

Hon. Marco Antonio Sto. Tomas Hon. Leonita Faire

Hon. Betty Meritt Hon. Perla Po

Hon. Amella Rosales Hon. Yolanda Arugay

For Vacancy (Sec. 3)

 PNA nominates 3 per vacancy

 PRC recommends two per vacancy
 Appointment by the PRESIDENT of the Philippines

BON points to REMEMBER

 C-itizen & Resident of RP

 A-PO members
 P-ecuniary Interest (NONE)


T-en years practice (last 5 in Phils)
A-reas of nursing:
CAPTAIN M
 CHN
 Education
 Service
 I-mmediately resign other posts
 N-ot convicted of moral turpitude
 M-asters in Nursing, Education or other allied medical profession

TERMS OF OFFICE (Sec 6)

a. Appointed for 3 years

 Reappointment for one term only
b. Appointment for vacancy shall be for the unexpired portion of the term
c. Proper oath of office

BON POWERS AND DUTIES (Sec 9)

 L-icensure exam
 I-ssue, suspend, revoke COR
 M-onitor standards of nursing practice LIME CHAG
 E-ducation quality
 C-ode of ethics promulgation
 H-ears and resolves complaints against nurses
 A-ccredits different nursing organizations
 G-uides nursing practice

REMOVAL OR SUSPENSION (Sec 11)



I-ncompetence or continuous neglect of duty
C-ommission & tolerance of irregularities in the board exams
ICU
 U-nprofessional, immoral, dishonorable conduct
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SECTION 12. LICENSURE EXAMINATION

 All applicants for license to practice nursing shall be required to pass a written examination
 In accordance with RA 8981, “PRC Modernization Act of 2000”

QUALIFICATIONS FOR LICENSURE EXAMINATION (Sec 13)

 C-itizen of the Philippines COB

 O-f good moral character
 B-SN holder (recognized school: complies with the standards of nursing education)

WHO ARE THE CITIZENS OF THE PHILIPPINES?

1. Citizens of the Philippines at the time of adoption of the 1987 Constitution

2. Whose fathers or mothers are citizens of Philippines

PRINCIPLES IN DETERMINING CITIZENSHIP KINDS OF CITIZENS

1. Principle of JUS SOLI 1. Naturalized Citizens

2. Principle of JUS SANGUINIS 2. Natural-born Citizens

SECTION 15. RATINGS

AVERAGE RATING/SUBJECT

PASS Above 75% Above 60

FAIL Below 75% Regardless

CONDITIONAL Above 75% Below 60

REQUIREMENTS OF ALL SUCCESSFUL LICENSE TO PRACTICE NURSING

EXAMINERS
1. Registration by EXAMINATION (Sec 1)
1. Oath of Profession (Sec. 16) 2. Registration by RECIPROCITY (Sec 20)
2. Pay Fees (Sec. 18) 3. Practice through SPECIAL or TEMPORARY
3. Roster of Nurses (Sec. 19) PERMIT (Sec 21)

CONDITIONS FOR REGISTRATION BY RECIPROCITY

a. Requirements for registration are substantially the same in both countries

b. Under their laws, Filipino nurses are granted the same privileges and in the same basis as their citizens
c. Applicants has resided in the Philippines for at least 3 consecutive years prior to registration (RA 5181)

Special or Temporary Permit

 O-utstanding/ Expert Lecturer OMP

 M-edical Mission
 P-rofessor or an exchange employment

** permit shall be effective only for the duration of the project, medical mission or employment.

Non-registration (Sec 22)

 D-ishonorable conduct  M-oral turpitude

DUMI
 U-nsound mind  I-ndecent/immoral conduct
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REVOCATION & SUSPENSION (Sec 23)



C-auses aforementioned (DUMI)
U-nprofessional and unethical conduct
CUM VI PF
 M-alpractice or negligence
 V-iolence of:
 RA 9173
 IRR
 COE for nurses
 technical standards for nursing practice
 PRC/BON policies
 conditions and limitations of temporary/special permit
 I-ncompetence or serious ignorance
 P-racticing profession during suspension
 F-raud or deceit to obtain registration/ license

RE-ISSUANCE (Sec 24)

 P-ayment of required fees

 A-pplication to replace lost, destroyed cert. or license PACE
 C-ause of revocation has been corrected or cured
 E-xpiration of a maximum of four years from date of revocation

ARTICLE VI
Nursing Education

Section 25-Nursing Education Program

 CHED Memorandum No. 14, Series of 2009

 BSN Program Objective: The BSN Program aims to produce a fully functioning nurse who is able to perform
the competencies under each of the Key Areas of Responsibility

INACTIVE NURSES (Sec 26)

Nurses who have not actively practices the profession for FIVE (5) consecutive years can return to
practice after:

ONE MONTH didactic training

THREE MONTHS practicum

FACULTY QUALIFICATION (Sec 27) DEAN

 A-PO member  A-PO member

 M-AN or other health courses AMOR  M-AN AMFR
 O-ne year experience  F-ive years experience
 R-N  R-N

SCOPE OF NURSING PRACTICE (Sec 28) IPPA

 I-nitiates & performs nursing services in any health care setting to IFC’s
 P-rovides nursing care: different stages of life (from conception to old age/ “womb to tomb”)
 P-romotion of health & Prevention of illnesses as independent practitioner
 A-s Health Team Member: Collaborate with other health care providers for the preventive, curative &
rehabilitative aspects of care
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DUTIES OF NURSES (Sec 28) DUTIES
 D-o nursing care utilizing nursing process
 U-ndertake nursing anf health human resource development training and research
 T-each, guide, and supervise nursing students
 I-nterrelationship or linkage with community resources & health care team
 E-ducate individual, family, and community
 S-trict or duty-bound adherence to COE and standards of safe care

Section 29. Qualification of Nursing Service Administrators

Supervisor/Manager Chief/Director

 B-SN, RN  B-SN, RN
 A-PO member  A-PO member
 N-ine units masters  M-AN
 T-wo years experience (General Nursing  5-years supervisory experience
Service)

POSITION ACADEMIC QUALIFICATION YEARS OF EXPERIENCE

BON Member MA in Nsg, Ed, allied courses 10 continuous (last 5 in Phils)

CI/Faculty MA in Nsg, Ed, allied courses 1

Dean MA in Nursing ONLY 5

CN/Nsg Director MA in Nursing ONLY 5 supervisory

Supervisor/Manager 9 units in mngt & admin 2 general

CN Primary Hosp 9 units in mngt & admin 2 general
CN Public Health MPH/MCH 5 supervisory

CN Military Hosp MAN + GSC 5 supervisory

ARTICLE VII

Section 31. Comprehensive Nursing Specialty Program

 To upgrade the skill and competence of specialty nurse clinicians (ex. critical care, oncology, renal
nursing, etc.)

Section 33. Salary

 Not lower than salary grade 15

Section 33. Funding for the Comprehensive Nursing Specialty Program

 Train at least 10% of the nursing staffs with funds from PCSO and PAGCOR

PROHIBITIONS (Sec 35)

Imprisonment: 1-6 years

Fine: P50K - P100K

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 W-ithout license
 A-nother’s license
 I-nvalidated, revoked or suspended license
 F-alsification of documents
 M-isrepresentation
 A-ppend BSN, RN without degree/registration
 A-ssist another person in illegal practice of nursing
 U-nderwaging
 R-eview/training centers for RN not accredited by gov’t
 A-ny person violating RA 9173

NURSING LAW (RA 9173) Revision

Republic Acts

 acts or laws passed by the Philippine Congress

RA 1080  Bar and Board exam passers are declared to be civil service eligible
RA 1082  RHU ACT of 1953
 Created the first 81 RHU’s in the Philippines
RA 1612  PROFESSIONAL TAX or OMNIBUS TAX CODE
 Php 50 to be paid on or before January annually
RA 3573  LAW ON NOTIFIABLE DISEASES
 Report all communicable disease to the nearest health center
RA 4226  HOSPITAL LICENSURE ACT
 All hospitals must be licensed by DOH
RA 5181  Permanent residence and reciprocity as qualifications for any examination or registration
for the practice of any profession
RA 5901  40 hrs workweek for 100-bed capacity hosp or above and 1M population community
RA 6675  GENERICS ACT OF 1988
RA 6713  CODE OF CONDUCT AND ETHICAL STANDARDS for Public Officials and Employees
RA 6758  Salary Standardization Law
 Assigned salary grade 10 for Nurse 1 position
RA 7305  MAGNA CARTA for Public Health Workers
RA 7392  MIDWIFERY LAW
RA 7432  SENIOR CITIZENS’ ACT
 Amended by RA 9257 2004 or the EXPANDED SENIOR CITIZENS’ ACT of 2010
RA 7600  ROOMING-IN AND BREASTFEEDING ACT
RA 7722  EDUCATION LAW
RA 7846  Compulsory Immunization against “Hepatitis B” for infants and children below 8 years old
RA 7875  NATIONAL HEALTH INSURANCE ACT
 Establishing the PHIC
RA 7877  Anti-Sexual Harassment Act
RA 7883  BARANGAY HEALTH WORKERS’ BENEFITS AND INCENTIVES ACT
RA 8344  Prohibits demanding of advance payments/cash deposits before patients admitted/treated
RA 8353  ANTI-RAPE LAW
RA 8423  PHILIPPINE INSTITUTION OF TRADITIONAL AND ALTERNATIVE HEALTH ACT
RA 8749  PHILIPPINE CLEAN AIR ACT
RA 9003  ECOLOGICAL SOLID WASTE MANAGEMENT ACT

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Presidential Decree

 Orders from the President of the Philippines who exercised legislative powers during state of martial law

PD 148  WOMAN AND CHILD LABOR LAW

PD 442  LABOR CODE OF THE PHILIPPINES
PD 541  Allows former Filipino Professionals to practice their respective profession in the PH
PD 651  Birth registration of a child within 30 days at the Civil Registrar’s Office
PD 996  Compulsory immunization for all children below 8 years old
PD 1636  Compulsory membership in the GSIS or SSS Retirement Fund

Executive Orders

 Issued by the Chief Executive to implement a constitutional mandate or statutory provision

EO 51  MILK CODE
EO 209  FAMILY CODE OF THE PHILIPPINES

Administrative Order

 Issued by the President to an individual or an organization to take certain corrective action, or to refrain
from an activity

AO 114  Revised the roles and functions of Public Health Workers

AO 70-A  Revised Rules & Regulations Governing the Registration, Licensure & Operation of
Hospitals & Other Health Facilities
AO 71  Implementing Guidelines for the Polio-Free Maintenance Immunization

Letter of Instruction

 Issued by the President to serve as guide to his previous decree or order.

LOI 949  Created the Primary Health Care System

LOI 1000  APO Members shall be given priority in the hiring of employees

Presidential Proclamations

 Official declarations by the Office of the President on certain programs, projects, or situations.

PP 4  Launching the Philippines Measles Elimination Campaign

PP 539  Designated the last week of October of every year, beginning 1958 as Nurses Week
PP 1066  Declaring a national “neonatal tetanus” elimination campaign starting 1997

Other Laws

PRC Memo 90-11
BON No. 14, S. 1999
CHED Memo No. 14
 Provided new rates for examination and registration
 Adoption of nursing specialty certification program and creation of a nursing
specialty certification council
 Aims to prepare a nurse, who, upon completion of the program, demonstrates
beginning professional competencies

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CRIMINAL LAW
Law
 Branch of law which defines crimes,
treats of their nature and provides for
their punishment
Public Private
CRIMES
(State vs. Citizen) (Citizen vs. Citizen)
 Acts committed or omitted in violation
of law.

CATEGORIES OF CRIME BY SEVERITY

Criminal Contract
Tort Law
1) MISDEMEANOR –punishable by a fine Law Law
or imprisonment of less than a year
2) FELONY –punishable by imprisonment or death.

CATEGORIES OF CRIME UNDER THE REVISED PENAL CODE

1) Intentional Felony
 “mala in se”
 Committed by means of deceit
 Deceit/Dolo – with deliberate intent or malice
2) Criminal Negligence
 “quasi offenses”
 committed by means of fault
 Fault/Culpa – acts contrary to what should have been done

CRIMINAL NEGLIGENCE OR IMPRUDENCE

 Deliberate execution of an imprudent or negligent act that is punished as a crime or felony as revised
to unintentional negligence
 Neither punishes the actors failure, nor the act itself, but the actors MENTAL ATTITUDE

TYPES OF CRIMINAL NEGLIGENCE or IMPRUDENCE

1. RECKLESS IMPRUDENCE
2. SIMPLE IMPRUDENCE

RECKLESS IMPRUDENCE

 A flagrant and reckless disregard for the safety of others or wilful indifference to the injury that may
result
 MAIN TEST: Visible danger consciously perceived by the actor & preventable immediate harm in the
exercise of reasonable care
 PENALTY: Imprisonment from 1 year to 4 years and 2 months; and pay damages

SIMPLE IMPRUDENCE

 A mere lack of precaution where threatened harm is not immediate or impending danger is not openly
visible or manifested
 PENALTY: imprisonment from 1 month to 6 months; and pay damages

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PUNISHMENT

» Arresto Menor – 1 day to 30 days

» Arresto Mayor – 1 month and 1 day to 6 years
» Prison Correctional – 6 months and 1 day to 12 years
» Prison Mayor – 6 years and 1 day to 12 years
» Reclusion Temporal – 12 years and 1 day to 20 years
» Reclusion Perpetua – 20 years and 1 day to 40 years

PARRICIDE

 A person kills his/her:

a. Father/Mother
b. Ascendants/Descendants
c. Child (Legitimate or Adopted)
d. Spouse
 Penalty: Reclusion Perpetua to Death

MURDER

 A person who kills another, other than those classified as parricide that it is attended by:
 Treachery
 Abuse of superiority
 Evident premeditation
 Cruelty
 Occasion of conflagration/ calamities
 Consideration of price, reward or promise
 Other qualifying circumstances under Article 248 of the Revised Penal Code

HOMICIDE

 Killing of another human being without any qualifying circumstances of Murder, Parricide or Infanticide
nor any Justifying circumstances
 Committed without Criminal Intention
 PENALTY: Reclusion Temporal

GIVING ASSISTANCE TO SUICIDE

 When a person intentionally kills himself with the help of another individual
 PENALTY:
 Assist another to commit suicide – Prison mayor
 Assist another to the extent of doing the killing himself – Reclusion temporal
 Suicide is not consummated – Arresto mayor

INFANTICIDE

 Killing of a child less than 3 days (72 hours) of age

 Parricide if committed by parents or ascendants
 PENALTY:
 Mother – imprisonment from 2 years, 4 months and 1 day to 6 years
 Mother for purpose of concealing dishonour – prison mayor
 Grandparents for purpose of concealing dishonour – reclusion temporal

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ABORTION

 Termination of pregnancy before the age of viability (first 12-24 weeks or 3-6 months)
 Article II, Section 15 of the Philippine Constitution
 Types of Abortion:
a. Intentional Abortion
b. Unintentional Abortion
 PENALTY:
A. INTENTIONAL ABORTION
a) With violence – reclusion temporal
b) Without violence and without mothers consent – prison mayor
c) With mothers consent – prison correctional
B. UNINTENTIONAL ABORTION
a) With violence but unintentional – prison correctional
C. ABORTION PRACTICED BY WOMAN HERSELF OR HER PARENTS
a) Woman herself or with her consent – prison correctional
b) Committed for purpose of concealing dishonour – prison correctional
D. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING ABORTIVE
a) Physician or Midwife – reclusion temporal
b) Pharmacist dispensing abortive without physician’s prescription – arresto mayor and a
fine not exceeding 1,000 Php

UNINTENTIONAL ABORTION THROUGH RECKLESS IMPRUDENCE

 Abortion due to negligence

SIMULATION OF BIRTH

 Entering in a birth certificate a birth that did not happen

 Substitution of a child for another
 Concealing or abandoning any legitimate child with intent to cause such child to his/her civil status
 PENALTY: Prison mayor and a fine not exceeding 1,000 Php

SEXUAL HARRASSMENT

 Demanding, requesting, or requiring sexual favors by a person who has authority, influence, or moral
ascendency over the victim
 PENALTY: Imprisonment of 1 month to 6 months, or a fine of Php 10,000 to Php 20,000.

FRAUD

 Act of dishonesty showing criminal inclination or intent

 DECEIT – a form of fraud made by false representation or contrivance whereby a person misleads
another to his prejudice

GUIDELINES TO PREVENT CRIMINAL LIABILITY

 Be very familiar with the Philippine Nursing Law

 Be familiar with the laws affecting nursing practice
 At the start of employment, get a copy of job description, the agency rules, regulations, policies
 Upgrade skills and competence
 Accept only responsibilities within the scope of practice of employment and job description
 Do not delegate responsibilities to others
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 Determine whether subordinates are competent to the work assigned to them
 Develop good IPR with co-workers
 Consult superior for problems that may be too big to handle
 Verify vague/erroneous orders
 Always keep doctor updated regarding patient (e.g. effects of medications and txs or lack of progress)
 Ensure accurate recording and reporting
 Get informed consent

TORT

 A legal wrong committed against a person or property independent of a contract, which renders the
person who committed it liable for damages in a civil action.
 Tort liability, almost always, is based on fault.

TORT CLASSIFICATION:

1. Unintentional
Doctrines in Nursing Practice TORT
a. Force Majeure
b. Respondeat Superior
c. Res ipsa Loquitor Unintentional Intentional
2. Intentional

NEGLIGENCE
Assault & False
Malpractice Negligence
 The commission or omission of an Battery imprisonment
act, pursuant to a duty, that a
reasonably prudent person in the Invasion of
Privacy and
same or similar circumstances would Breach of Defamation
or would not do Confidentiality
 The acting or non-acting, of which is
the proximate cause of injury to
another person or his property

Duty Existence of a duty to use due care

Breach of Duty Failure to meet the standards of duty to care
Injury Harm resulting from failure to meet the standards
Proximate Causation Proof that breach of standards resulted in the injury

MALPRACTICE

 Negligent acts and/or improper, unskilful or unethical professional conduct resulting in harm, injuery, or
death.
 Also denotes stepping beyond one’s authority with serious consequence

Examples:

(1) Burns
(2) Objects left in body cavities
(3) Falls
(4) Failure to observe changes in patient’s conditions, to report, and take appropriate action
(5) Mistaken identity
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(6) Errors in medication and tx
(7) Errors d/t family assistance
(8) Injuries d/t defective equipment
(9) Administration of med without a doctor’s prescription

Jurisprudential DOCTRINES in Nursing Practice:

1) Respondeat Superior
2) Res Ipsa Loquitor
3) Force Majeure

RESPONDEAT SUPERIOR

 “Let the master/superior answer for the actions of his subordinate.”

 Vicarious Liability – obligation not only for own acts or omissions but also for persons whom one is
responsible for

BASIS FOR LIABILITY:

a. Bonus pater familias – good father of the family
» Culpa in iligiendo – negligence in selection of employees
» Culpa in vigilando – negligence in supervision
b. Captain of the Ship

Liability for the work of Nursing Aides

 Nurses should not delegate their functions to nursing aides

 Nurses must see to it that subordinates perform only those they have been taught to do and
those they are capable of doing.

Liability for the work of Nursing Students

 Under R.A. 9173, nursing students do not perform professional nursing duties. They are to be
supervised by their clinical instructors.
 When a CI and Staff Nurse countersign a student’s charting, he/she attests that he/she has
personal knowledge of the information and that such is accurate and authentic.

RES IPSA LOQUITOR

 “The thing or transaction speaks for itself.”

 Injury itself is proof of negligence.

Plaintiff must prove that:

①. The harm would not have occurred without someone’s negligence

②. The instrumentality of the harm was within the exclusive control of the defendant
③. The plaintiff did not contribute to the harm by his own negligence

FORCE MAJEURE

 “Greater force”
 “An act of God”
 May free or exempt a defendant from criminal liability if he/she can show proof of diligence and due
care in the performance of his/her functions.

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ASSAULT & BATTERY

 Assault – intentional threat of harm or offensive bodily contact

 Battery – intentional, unconsented touching of another person

FALSE IMPRISONMENT

Illegal Detention

 unjustifiable detention of a person without a legal warrant within boundaries fixed by the defendant
 NOT APPLICABLE: communicable dses or mental illness patient where others may be jeopardized
 If patient insists on leaving: Medical staff explain possible consequences, note on chart, and sign
release form

INVASION OF PRIVACY & BREACH OF CONFIDENTIALITY

 The right to privacy is the right to be left alone

 The right to be free from unwarranted publicity and exposure to public view

Privileged Communication:

 Statements uttered in good faith;

 Not permitted to be divulged in court of justice.

DEFAMATION

 SLANDER – oral defamation of a person

 LIBEL – defamation by written words
 Requires a third person to hear or read comment to be considered defamation
 Every defamation is considered malicious, EVEN IF IT’S TRUE, if no good intention and justifiable
motive for making it is shown

CONTRACT

 An agreement between two or more persons to do or not to do some lawful act(s).

 Agreement between at least two parties which create an OBLIGATION recognized by law
 Can be WRITTEN or ORAL

Kinds of CONTRACTS:

(1) Formal
(2) Informal
(3) Expressed
(4) Implied
(5) Void or Inexistent
(6) Illegal

Breach of Contract

(1) Prevention of performances

(2) Failure of performance because of inconvenience or difficulty
(3) Abandonment of duty
(4) Substitution of performance

LEGAL EXCUSES in refusing or failure to perform a contract.

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(1) Discovery of material misinterpretation made and relied upon
(2) Performance will be illegal
(3) Impossible by reason of illness
(4) Impossible by death of patient or nurse
(5) Contract is insufficient

WILL

A legal declaration of a person’s intentions upon death called a TESTAMENTARY DOCUMENT because a person
has control of the declaration 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
TTESTATE  A person died leaving behind a will
INTESTATE  A person died without a will
PROBATE  Validation of a will
ADMINISTRATOR  One who administers the provisions of a will
HEIR  A person called to succession either by the provision of a will or by
operation of law
NOTARIAL WILL  Signed by testator, notarized and attested by witnesses
HOLOGRAPHIC WILL  Entirely written, dated and signed in the handwriting of the testator
NUNCUPATIVE WILL or  An ORAL WILL that should be made during the last illness & place in
NUNCUPATION which he died
TESTAMENTARY CAPACITY or  Capacity of the testator to comprehend the nature of transaction
INTENT

The nurse ensures the:

1) Soundness of client’s mind

2) Freedom from fraud/ undue influence
3) Patient is above 18 y.o.
4) Testator signs the will himself
5) Presence of testator while witnesses signs the will

LIVING WILL/ ADVANCE DIRECTIVE

 Individual’s signed request to be allowed to die when life can be supported only mechanically or by
heroic measures

HEALTH CARE PROXY/ DURABLE POWER OF ATTY

 The patient designates a health care representative to make decisions for him/her due to physical or
mental incapacity.

LEGAL PROTECTION IN THE NURSING SERVICE

1) GOOD SAMARITAN LAWS

 Provides immunity from civil liability when a person provide assistance in an emergency
 Nurses who renders first aid or tx at the scene of an emergency and who does so within the
standard of care, acting in good faith, is relieved of the consequences of the act.
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2) SKILLFUL COMMUNICATION
 A nurse must communicate accurately and completely both verbally and in writing

FLAT CHARTING

a. Factual – what you see, not what you think happened

b. Legible – no erasures, proper correction of errors
c. Accurate – complete and comprehensive
d. Timely – completed as soon after occurrence as possible

3) RISK MANAGEMENT PROGRAMS

 Used to identify and correct system problems that contribute to errors in patient care with
emphasis on quality improvement and protection from liabilities

4) MALPRACTICE/PROFESSIONAL LIABILITY INSURANCE

 Provides and pays an attorney for legal defense of a nurse which is independent from the
employer

PERSONAL AND PROFESSIONAL ADJUSTMENT

(Nursing Career Planning)
CAREER PLANNING

PHASE 1: DEFINING PHASE 1: DEFINING

Self-Assessment/ Self-
Assessment and clarification of vision and goals with Awareness
consideration for personal values, interests, skills,
strengths, weaknesses and the job
market.
PHASE 4: VALIDATING
Different Fields of Nursing: Performing an ongoing
PHASE 2: STRUCTURING
Determining career vision and
evaluation of alignment with
A. HOSPITAL SETTING goals
set strategic vision and goals
 Medical: Cardio, Pulmo, Diabetes,
etc.
 Surgical: Burns, cardiovascular, etc.
 Critical care PHASE 3: IMPLEMENTING
 Emergency/Trauma Planning and implementing a
 Maternal & Child Care job search
 OR

B. NON-HOSPITL SETTING

 PHN/CHN
 Mental Health Agencies
 Home Health/Care Agencies
 Physicians Office/Clinics
 Health Insurance
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 Occupational Health
 Research Center
 Military Hospitals/Branches
 FORENSIC NURSING

PHASE 2: STRUCTURING

Provide a framework for setting priorities, judging progress, and maintaining focus (SMART)

 Employed as an ER nurse
 Function independently full-time
 Employed at a hosp that allow recently graduated RN’s to work in the ER
 Presence of other new graduates that were able to achieve goal
 Achieve goal within 2 years

SHORT-Term Goals (1-3 years)

 Work as a nurse full-time in the acute medical unit of the ER Department in a community hospital for a
year

INTERMEDIATE-Term Goal (3-5 years)

 Work as a nures for 3 years part-time in a community hospital while studying part-time in a masters
program in ER care

LONG-Term Goal (6-20 years)

 Teach in a baccalaureate nursing program and study at the doctorate level focusing on efficient and
facilitative ER nursing care within 6 years

PHASE 3: IMPLEMENTING

 Conducting a job search

 Sending a cover letter and resume to employers
 Participating in job interviews
 Following up with a potential employer regarding outcome of application and interview

PHASE 4: VALIDATING

Monitor and re-evaluate goals, and plans for their achievement, and take action to realign when necessary

PLANNING & IMPLEMENTING JOB SEARCH

Steps:

1. Beginning a job search

-- sources of job leads
2. Developing a cover letter and resume
3. Preparing for an interview
(Before, During, and After)
-- Dressing for an interview
-- Answering interview questions
4. Resigning from a nursing position

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STEP 1: Sources of Job Leads

a. Networking through facilities, friends, and acquaintances

b. Advertisements, bulletin boards or online job listings
c. Job fairs

STEP 2:

 Cover Letter and Resume are a form of marketing strategy

 You are marketing yourself to a potential employer

COVER LETTER

 The first formal communication with prospective employers (together with the resume)
 Can be considered as a brief commercial about yourself, thus, should shed light on your personality
 PURPOSE: To introduce yourself, describe your qualifications and request an interview

RESUME

 Reflection of your professional persona

 Reflect your current state of knowledge and expertise professional achievements, abilities and minimize
weaknesses
 PURPOSE: To demonstrate the value you can add to the company, and convince them to invite you
for an interview.
Types of Resume:

a. Curriculum Vitae
b. Chronological
c. Functional
d. Combined

ONLINE CORRESPONDENCE

 An acceptable practice
 Require additional consideration in safeguarding the document and catching the attention of the reader

TIPS:

 Send the resume as an attachment to your cover letter

 Instead of just writing “Resume” in the subject line of the e-mail, enter “Resume for nursing
positions with 9 years EMT experience”
STEP 3:

INTERVIEW

 Usually the first meeting with a prospective employer, thus, a positive first impression is vital
 PURPOSE: To convince the employer that you are the right person for the job.

Types of interview:

1. In person
 One-on-one: always better
 Panel interview: more than one interviewer
2. By telephone
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3. By internet (online)

PHASES OF AN INTERVIEW:

(1) Introductory Phase: Interviewer outlines the job and conditions of employment
(2) Working Phase: Interviewer questions about the cover letter and resume
(3) Termination Phase: Interviewer closes by asking for any questions

BEFORE THE INTERVIEW

 PREPARATION is the key

 Research about the agency, the job description and how to pronounce your interviewer’s name
 Determine proper dress
 Locate agency prior to interview
 PRACTICE!
 Bring extra file copies, your reference sheet, and note pad and pen

DURING THE INTERVIEW

 Arrive early
 Be courteous
 Be friendly but PROFESSIONAL
 Answer questions confidently and honestly
 Highlight abilities, skills, and abilities relevant to job requirements
 Describe a weakness as a positive trait

COMMON INTERVIEW QUESTIONS POTENTIAL RESPONSE

What are your weaknesses?
What are your strengths?
Why should I hire you?
What are your career goals?
What are your qualifications?
Mention a weakness and then stress its positive aspect
Refer to the job description. What qualities of you have that is
required?
Relate how you can be part of the employer’s solution to existing
problems. Relate past experience which represents success in solving
similar problems.
Highlight how focused you are. Talk first about doing the job for
which you are applying and then relate future goals.
Discuss experience that you have had that qualify you for the new
position.

TIPS FOR ANSWERING BEHAVIORAL QUESTIONS:

STAR Approach Description

Specifics What happened

Task The problem or issue

Action The action you took
Result Outcome of the action

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ENDING THE INTERVIEW

ASK QUESTIONS:

 About the position and the company to help you determine if the company is the right fir for you about
what the next step will be about any additional information you can provide

USE QUESTIONS:

 To reinforce discussion about your skills and abilities

PHASE 4:

a. Notify superior in person

b. Follow verbal notice with letter of resignation:
 Date on the same day as verbal notice
 State reason for resignation
 Express gratitude for kindness
 Attach clearance
c. Don’t leave a bad impression, follow resignation etiquette

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