Nursing Leadership AND Management Notes Nursing (nurse) 0 0 Introduction to Nursing Management of a firm determines to a large extent, its productivity and profitability. 2. System of authority, management first develops with top individuals determining the course of action for the rank and file. The constitutional management emphasizes definite and consistent concern for policies and procedures in dealing with the working group. A line toward a democratic and participative approach follows as employee receive higher education. 3. Class and status system this is from sociologist’s point of view that managers have become an elite group of brains and education. This class is based on education and knowledge. Managers continue to expand their horizons in an effort to attain the ultimate in life or goal. Nursing Management 1. is a guide for nurses who wants to learn the concepts behind Nursing Management. 2. This will also guide nurses to organizing, staffing, scheduling directing and controlling, it also deals with the application of the concepts, principles, theories and methods of developing nursing leaders and managers in the hospital or any settings. Management 3. is an old French term its means “the directing”. There are many definition of management is. It is a universal process. It is the process of coordinating and supervising personnel and resources to accomplish organizational goals. 4. Also it is to design and maintain an internal environment in which people working together in groups. That can perform effectively and efficiently towards the attainment of group goals. 5. Management is being use in running a business, practice ones’ profession, and day to day interaction. A thorough knowledge in management includes: time, resources and workforce. THEORIES X and Y According to Venson, (2010) management is a process by which a cooperative group directs actions towards common goals, it involves technique by which a distinguished group of people coordinates the services of people. It also includes moral and ethical standards in the selection of right ends toward which managers should strive. There are (3) three-fold concept to emphasize the broader scope of management, (Harbizon and Myers) 1. Economic source is one of the factors of production together with land, and capital. Industrialization increases, management is substituted by labor and capital. Management 0 0 Fatigue study Method study Time study Motion study Different piece wage system Mental revolution Frank and Lilian Gilbreth – “The First Lady of Management” Use motion picture to develop work efficiency. “Therbligs” - 17 classification of hand movements. Develop Job Simplification. Subject of the book “Cheaper by the Dozen THEORIES OF MANAGEMENT Henry Gantt – Disciple of Frederick Taylor A. Scientific Management Theory (1900-1930) Frederick Taylor – father of scientific management How people work Theories of management do not remain static The following are the four principles of scientific management: 1. Traditional “Rule of Thumb” means organizing work must be replaced with scientific methods. Give allotted time to workers in accomplishing their task. 2. Workers can be hired, trained and promoted based on their competence and abilities. 3. Employees are entitled of receiving financial rewards, and incentives for worked accomplished because he viewed humans as “economic animals’ motivated solely by money. 4. Maintain good interpersonal relationship between the workers and managers they should be cooperative and interdependent and the work should be shared equally. B. Classical Organization Theories Henry Fayol – known as the “Father of the Management Process School” (1925) identified management functions of planning, organization, command, coordination, and control Luther Gulick (1937) expanded on Fayol’s’ management functions he mentioned that they are “seven activities in management” staffing, directing. Coordinating. Reporting, and budgeting-POSDCORB. Often times Managers considered this as the process of management. HE STUDIED THE FUNCTIONS OF THE MANAGERS AND CONCLUDED THAT MANAGEMENT IS UNIVERSAL. SCIENTIFIC TECHNIQUES OF TAYLOR Functional foremanship Standardization and Simplification of work 0 Develop Gantt Chart Advocates for a humanitarian management It was formulated for providing graphic schedule for planning and controlling of the work, and recording progress towards stage of a project The chart has modern variation PERT (Program Evaluation and Review Techniques) He linked the bonus paid managers to how well they taught their employees to improve performance 0 Management Process: Theory”, popularized the term “span of control and unity of command. a. Planning it is determining philosophy, goals and objective, policies, procedures and rules. b. Organizing it includes establishing the organizational structure to carry out plans Determining the most appropriate type of patient care delivery. c. Staffing functions consist of recruiting interviewing, hiring and orienting staff. d. Directing it includes several staffing functions such as motivating, managing conflict. Delegating, communicating, facilitating collaboration. e. Controlling functions include performance appraisals. Fiscal accountability, quality control, legal and ethical control. B. Human Relation Management (1930-1970) Mary Parker Follett (1926) one of the first theorist to suggest basic principles of what today would be called participative decision making or participative management. She believed that managers should have authority with one another, rather than over employees, that solution could be easily be found that could satisfied both employee without dominating each other. Elton Mayo – Discovered that expert seeking to improve worker efficiency has to take into account the human dimension of work Jacob Moreno – developed a system of pairings called Sociometry, believes that people are attracted to, repulsed by or just indifferent towards each other. FAYOL’S 14 PRINCIPLES OF MANAGEMENT 1. DIVISION OF WORK 2. AUTHORITY AND RESPONSIBILITY He recommended centralization through the use of a scalar chain or levels of authority, responsibility accompanied by authority, unity of command and direction so that each employee receives orders from ONLY ONE SUPERIOR 3. DISCIPLINE- “A PLACE FOR EVERY THING AND EVERY THING IS IN PLACE” 4. UNITY OF COMMAND 5. UNITY OF DIRECTION 6. SUBORDINATE OF INDIVIDUAL INTEREST TO GENERAL INTEREST 7. REMUNERATION OF PERSONNEL 8. CENTRALIZATION 9. SCALAR CHAIN 10. ORDER 11. EQUITY 12. STABILITY OF TENURE OF PERSONNEL 13. INITIATIVE 14. ESPRIT DE CORPS A. Behavioral Science Abraham Maslow – developed the Hierarchy of Needs Physiologic Needs Safety and Security Needs Love and Belonging Needs Self-Esteem Needs Self- Actualization Frederick Herberzg – develop taxonomy of job situation. Believes in job satisfiers/ motivation factor and dissatisfies/ hygiene factor William Ouchi – develop Theory Z by comparing the Japanese organization to the American organization. Douglas McGregor (1960) theorizing that managerial attitude about employees this could be correlated to employee’s satisfaction. He labeled Theory X and theory Y. Theory X, manager’s beliefs that their employee are basically lazy. Max Weber – is the “Father of Organizational Management”. He developed the organizational chart. According to him there are 3 basis of authority traditional, charismatic and rational authority. William Blake – develop the Managerial Grid Lyndal Urwick she combined the theories of Taylor and Fayol to develop the classic Organizational Types of Managers in Managerial Grid 0 0 The contingency perspective refutes universal principles of management by stating that a variety of factors, both internal and external to the firm, may affect the organization’s performance. Therefore, there is no “one best way” to manage and organize because circumstances vary Impoverish Manager Country Club Manager Organizational Man Manager Authority Obedient Manager Team Manager Levels of Management 1. Top Level Manager – look at the overall operation of the organization. - Coordinate internal and external affairs of the organization. - Makes the major decisions - Determines the organization’s mission/ vision statement, philosophy, policies and procedures. - Creates goals and allocate resources. Contemporary approach means new, recent or current approaches in the field of management EXAMPLE: The way company was running 100 years ago is different from today. However, one steel company today might say they use “contemporary management” meaning they use the same type of management that other steel companies use today. Contingency Approach – a management approach the recognizes organizations as different, which means they face different situations (contingencies) and require different ways of managing. Assumes there is no best way to manage. The environment impacts the organization and managers must be flexible to the act to environmental changes. The way the organization is designed and control systems selected defend on the environment. Technological environments change rapidly, so must managers. System Approach – a set of interrelated and interdependent parts arranged in a manner that produces a unified whole 6. Process closed system: system that are not influence by and do not interact with their environment. 7. Open system: systems that interact with their environment 0 2. Middle Level Manager – coordinates activities of different department Receives policies from the top-level manager. - Makes specific objectives and programs. 3. First Level Manager – directly responsible for the actual production of services. - Act as a link between the higher-level managers and nonmanagers. Skills of a Manager according to Katz 1. Technical Skill – knowledge and proficiency in activities involving methods, procedures and process. 2. Human Skill – ability to work with people Create a harmonious working relationship. 3. Conceptual Skill – ability to see the overall picture to identify important elements in a situation and to understand the relationship among the elements. And identifying pertinent factors, responding to the big problems, and discarding irrelevant facts. 0 Other approach according to Summer 1. Knowledge factors refer to ideas, concepts, or principles that can be expressed and are accepted because they have logical proofs. 2. Attitude factors relate to those beliefs, feelings, and values that may be used on emotions and may not be subjected to conscious verbalization. 3. Ability factor skill, art, judgement, and wisdom. They abstract factors but they direct one’s thinking to factors that can be developed by the individual manager who takes time to consider them. Roles of a Manager 1. Interpersonal Role, the manager acts as: a. Symbol because of the position he/she occupies and consists of such duties as signing of papers/documents required by the organization. b. Leader, who hires, trains, encourages, fires, remunerates, and judges c. Liaison Officer between outside contacts such as community, suppliers and the organization 2. Informational Role, the manager does; a. Disseminates Information, from both external and internal sources b. Monitors information c. Spokesperson or representative of the organization. He/she represents the subordinates to superiors and the upper management to the subordinates. 3. Decisional Role makes him/her a. Problem Solver/ Trouble Shooter, who handles unexpected situations such as resignation of subordinates, firing or subordinates, and loss of clients b. Innovator/ Entrepreneur a designer to improve projects that direct and control change in the organization c. Negotiator when conflict arise LEADERSHIP – lt is important to remember though that a job title alone does not make a person leader. Only a person’s behavior determines if he or she holds a leadership role. The manager is a person who brings things about the one who accomplishes, has the responsibility, and conducts. A leader is the person who influences and guides direction, opinion, and course of action. There are several definitions of what leadership is: A process of influence in which the leader influences others toward goal achievement The process of influencing the activities of an organized group in its efforts toward goal setting and goal achievement Is about creating change. It involves establishing a direction, aligning people through empowerment, motivating and inspiring them toward producing useful change and achieving the mission. It Is the vital ingredient that transforms a crowd into a functioning, useful organizations. Nursing Leadership – process whereby nurse influences one or more persons to achieve a specific goal in the provision of quality nursing care. COMPARISON BETWEEN LEADERSHIP AND MANAGEMENT Leaders need to do the right things, are challenged by change, focus on purposes and have a future time frame. Leaders Often do not have delegated authority but obtain power through other means, such as influence. Have a wider variety of roles than managers. 0 0 Focus on group process, information gathering, feedback, and empowering others. May or may not be part of the formal hierarchy of the organization. Emphasize interpersonal relationship Direct willing followers Have goals that may or may not reflect those of the organization. Leaders display both instrumental (technical) and supportive (socially oriented) leadership behavior Great leaders arise when situation demands it. 2. Trait Theory Traits are inherent (before). Traits can be learned (now) Managers do things right are challenged by continuity and focus on structures and procedures in a present time frame. They ask who, what, when, where and how as the use schedules to get to the destinations and evaluate human performance. Manager Are assigned a position by the organization. Have a legitimate source of power due to delegated authority that accompanies their position Have a specific duties and responsibilities they are expected to carry out. Emphasize control, decision making, decision analysis, and results. Manipulate people, the environment, money, time, and other resources to achieve the goals of the organization. Have a greater format responsibility and accountability for rationality and control than leaders. Direct willing and unwilling subordinates. Leaders Often do not have delegated authority but obtain power through other means, such as influence. Have a wider variety of roles than managers. Focus on group process, information gathering, feedback, and empowering others. May or may not be part of the formal hierarchy of the organization. Emphasize interpersonal relationship Direct willing followers Have goals that may or may not reflect those of the organization. 3. Charismatic Theory Leaders possess charisma (an inspirational quality that some leaders possess that makes others feel better in their presence.) 4. Situational Theory: Traits required of a leader differ according to varying situations (variables) Variables: - DIFFERENT THEORIES OF LEADERSHIP EARLY LEADERSHIP 1. Great Man theory: (1900-1940) Leaders are born. 0 Identified traits: energy, affection, enthusiasm, ambition, aggressiveness, decisiveness, self-assurance, selfconfidence, friendliness, affection, honesty, fairness, loyalty, dependability, technical mastery, teaching skill. 0 personality of the leader performance requirements of both the leader and followers attitudes, expectations and needs of the leader and followers a. Degree of interpersonal contact possible b. Time pressures c. Physical environment d. Organizational structure e. Influence of the leader outside the group Nature of the organization 4. Contingency Theory: (Fred Fiedler, 1960s) According to Fiedler no leadership style is ideal for every situation. The interrelationship between the group’s leader and its members were most influenced by the manager’s ability to be a good leader. - 3 aspects of a situation that structure the leaders: a. Leader-member relations- assessed through Group Atmosphere Scale 8 7 6 5 4 3 2 1 1. Friendly unfriendly 2. Accepting rejecting 3. Satisfying frustrating 4. Enthusiastic unenthusiastic 5. Productive non productive 6. Warm cold 7. Cooperative uncooperative 8. Supportive hostile 9. Interesting boring 10. Successful unsuccessful - - b. Task structure: High if it’s easy to define and measure a task Low if it’s difficult to define a task and to measure progress toward its completion 4 criteria to determine the degree of task structure: 1) goal clarity; 2) extent to which a decision can be verified knowing who is responsible for what; 3) multiplicity of goal paths, number of solutions 4) specificity of solution, number of correct answers 3. Accepting, considerate leadership style probably will be most productive. 5. Path goal Theory: People act as they do because they expect their behavior to produce satisfactory results - Structured activities were more productive and successful 6. Situational Leadership Theory (Paul Hersey & Kenneth Blanchard) (1950-1980) - Predicts the most appropriate leadership style from the level of maturity of the followers through the four quadrant model, a horizontal continuum registers low emphasis on the accomplishment of tasks on the left side to emphasis on task behavior on the right side - The vertical continuum depicts low emphasis on interpersonal relationships at the bottom to high emphasis on relationships at the top - The lower left quadrant represents laissez -faire type of leadership with little concern for production or relationship LEADERSHIP STYLES BY HERSEY & BLANCHARD 1. DIRECTING STYLE: - this is a high task, low relationship style and is effective when subordinates are low in motivation and ability 2. COACHING STYLE: - this is a high-task, high relationship style and is effective when subordinates have adequate motivation but low ability 3. SUPPORTING STYLE: - this is a low-task, high-relationship style and is effective when subordinates have adequate ability but low motivation 4. DELEGATING STYLE: - this is a low-task, lowrelationship style and is effective when subordinates are very high in ability and motivation. c. Position power- authority inherent in a position (use rewards and punishment) Note; Fiedler says that one can predict the most productive leadership styles 1. Task is structured, leader disliked, then diplomatic 2. Task is ambiguous, leader is liked, then seek cooperation 0 0 7. Transactional Theory - Exchange posture that identifies needs of followers and provides rewards to meet those needs in exchange for expected performances - Leaders focuses on a day-to-day operation 8. BEHAVIORAL THEORY is a management philosophy that evaluates leaders according to the actions they display in the work place. To be effective leader is to learn a certain set of behaviors. A leadership theory developed, researchers changed from studying what traits the leader had and placed emphasis on what he or she did, the leadership style of leadership. - - CONTEMPORARY LEADERSHIP 1. Transformational theory: Promotes employee development Attends to needs and motives of followers Inspires through optimism Influences changes in perception Provides intellectual stimulation Encourages followers’ creativity 3 LEADERSHIP STYLES (Kurt Lewin, et al 1930) His breathrough occurred when he and White (9151) and Lippitt (1960) identified with common leadership styles. 2. Servant Leadership – they are more concerned with the needs of other than themselves and lead through their service. They foster a service inclination in others that promotes collaboration, teamwork, and collective activism. 1. Authoritarian Uses positional and personal power - Demanding and controlling - Emphasis is on difference in status ( “I” and you “you”). - Others are directed/ motivated with commands - Critism is punitive - Communications flow up & downward - Decision making does not involve others 2. Democratic - Allows for group governance through collaboration or group efforts - Situation of trust and openness Decision making involves others - Less control is maintained - Economic and ego rewards are used to motivate. - Emphasis is on “we” rather than I and you. - Criticism is constructive 3. Laissez-faire Leaving workers without direction and supervision and allows them to plan - Leader uninvolved, disinterested, withdrawn. 0 Permissive with little or no control Uses upward and downward communication between members of the group Places emphasis on the group Does not criticize 3. Authentic leader – a leader manager arsenal, in order to lead, leaders must be true to themselves and their values and act. Authentic or congruent leadership theory differs from traditional transformational leadership theory. 4. Thought leader applies to a person who is recognized among his or her peers for innovative ideas and demonstrates the confidence to promote those ideas POWER the ability to impose the will of one person or group to bring certain behaviors in other person or groups. - - 0 Reward Power it is the leader or manager’s power comes from the ability to reward others for complying. Coercive Power based on a fear of punishment if one fails to conform., an opposite of reward power, - - - - - to project nursing staff needs for the next shift. The advantage of using a PCS is that it is an objective approach to determining staffing based on patient care needs: a sicker patient requires more nursing care and therefore would have a higher acuity level. Legitimate Power the right of the manager or leader to influence and the staff member an obligation to accept that influence. Referent Power is based on identification with a leader and what that leader symbolizes. The leader is admired and exerts influence because the followers desire to be like the leader. Expert Power gained through knowledge, skills, information, experience and competence. Their expertise gains people respect and compliance. Information Power comes from knowledge, access to information, and the sharing of information. It is especially powerful when others need the information. Connection Power comes from formal or informal coalitions and interpersonal relations and links to prestigious and influential people within and outside of the organization. Patient classification systems (PCS), also known as workload management, or patient acuity tools, were developed in 1960s. MODULE 2 PATIENT CARE DELIVERY SYSTEM Nursing process is defined as a systematic, rational method of planning and providing individualized nursing care. It is utilized to identify a client’s health status and actual or potential health care problems or needs, to establish plans to meet the identified needs, and to deliver specific nursing interventions to meet those needs. MODALITIES OF CARE There are five most well-known means of organizing nursing care for patient care delivery. These are the functional nursing, team and modular nursing, primary nursing, and case management. Each of these basic types has undergone many modifications, often resulting in new terminology. An example is the primary nursing which was once called case method nursing and is now frequently referred to as PATIENT CLASSIFICATION SYSTEM A patient classification system (PCS) predicts patient needs and requirements for nursing care. A PCS groups patients according to acuity of illness and complexity of nursing activities necessary to care for the patients. Typically, patient acuity data are collected every shift by nursing staff and are analyzed 0 0 professional practice model. Team nursing is sometimes called partners in care or patient service partners, and case managers assume different titles depending on the setting in which they provide care. Case Method Nursing or Total Patient Care Nursing Total patient care – nurses assume total responsibility for meeting all needs of assigned patients during their time on duty - As task – it is a method by which staff member (licensed and unlicensed) perform specific tasks for a large group of patients rather than care for specific patients For the entire shift nurse takes care of patient. Initially occurred in ICU units The Case Method evolved into what we now call private duty nursing. It was the first type of nursing care delivery system Advantages: Consistency in carrying out the nursing care plan Patient needs are quickly met as high number of RN hours are spent on the patient Relationship based on trust is developed between the RN and the patient’s family Direct care nurse’s role: Nurse manager’s role Must be sensitive to the quality of patient care delivered and the institution’s budgetary constraints Achieving patient outcomes By using effective management and leadership skills, can improve the staff’s perception of their lack of independence Rotate assignment among staff Staff meetings should be conducted frequently, this encourage staff to express concerns and empowers them with the ability to communicate about patient care and functions Provide holistic care (physical, emotional) to a group of patients during defined work time The nurse must complete the functions of care (assessment, personal hygiene and teaching the patient and family) No delegation of tasks Functional nursing It is a task-oriented method wherein a particular nursing function is assigned to each staff member. The medication nurse, treatment nurse and bedside nurse are all products of this system. For efficiency, nursing was essentially divided into tasks, a model that proved very beneficial when staffing was poor. The key idea was for nurses to be assigned to tasks, not to patients Advantages: 0 0 A very efficient way to delivery care Could accomplish a lot of tasks in a small amount of time Staff members do only what they are capable of doing Least costly as fewer RN’s are required Advantages: Disadvantages: Care of patients become fragmented and depersonalized Patients do not have one identifiable nurse Very narrow scope of practice for RN’s Leads to patient and nurse dissatisfaction Each member’s capabilities are maximized so job satisfaction should be high Patients have one nurse (team leader) with immediate access to other health providers Disadvantages: Team Nursing Most commonly used model and is still in use today. Developed in the 1950’s in order to somewhat ameliorate the fragmentation that was inherent in the functional model The goal of team nursing is for a team to work democratically. Ideal team, an RN assigned as a team leader for a group of patients Ancillary personnel collaborate in providing care to a group of patients under the direction of a professional nurse Requires a team spirit and commitment to succeed RN may be the team leader one day and a team member the next, thus continuity of patient care may suffer Care is till fragmented with only 8 or 12 hours accountability Primary Nursing The hallmark of this modality is that one nurse care for one group of patients with a 24-hours accountability for planning their care In other words, a primary nurse (PN) cares for her primary patients every time she works and for as long as the patient remains her unit An Associate Nurse cares for the patient in the PN’s absence and follows the PN’s individualized plan of care. This is a decentralized delivery model more responsibility and authority is placed with ach staff nurse Nurse manager’s role Teaching and coordinating patient activities Responsible for more than one unit Determine which nurse are competent and interested in becoming a charge nurse or a team leader Provide an adequate staff mix Orient team members to the team nursing system Providing continuing education Charge nurse’s role Act as a liaison between the team leaders and other healthcare provider Provide support for the teams on a shift by shift Direct care nurse’s role Team nursing used the strengths of each caregiver Some nurses become known for their expertise in some tasks (IV), will start IV for patients under the guidance and supervision of the team leader Direct patient care activities under the direction of the team leader Nurse acts as a responsible for knowing the condition and needs of all patients assigned to the team and for planning individual care 0 Associate nurses: - 0 Is an RN who has been delegated to provide care to the patient according to the primary nurse’s specification. When the primary nurse is not on duty - - If the patient develops additional complications, the associate nurse notifies the primary nurse Provides input to the patient’s plan of care Case Management Advantages: Increased satisfaction for patients and nurses More professional system, RN plans and communicates with all healthcare members. RN’s are seen as more knowledgeable and responsible RN’s more satisfied because they continue to learn as part of the in-depth care they are required to deliver to their patient Is a process of coordinating healthcare by planning, facilitating and evaluating interventions across levels of care to achieve measurable and quality outcomes It may be within the wall of hospitals or beyond the walls It became popular and effective method to manage shortened lengths of stay for patients while achieving desired patients outcomes and to prevent expensive hospital readmissions Disadvantages: Only confines a nurse’s talents to a limited number of patients, so other patients cannot benefit if the RN is competitive Can be intimidating for RN’s who are less skilled and knowledgeable Modular Nursing (District Nursing) This is a modification of team and primary nursing. It is a geographical assignment of patient that encourages continuity of care by organizing a group of staff to work with a group of patients in the same locale The case manager Advantages: Useful where there are few RN’s RN’s plan their care The case manager may help the family to identify all the options for care and treatment, ask questions to obtain greater understanding of the overall problem, and work with the family in the decision-making process. The private case manager is paid by the client or family usually based on the hours of service provided The case manager role requires not only advanced nursing skills but also managerial and communication skills professional nurse assigned responsibility for this process Follow the patient from the diagnostic phase through hospitalization, rehabilitation and back to home care Advantages: Disadvantages: For the nurse Paraprofessionals do technical aspects of nursing care. - 0 0 Enhancing nurse’s professional development and job satisfaction - Facilitating the transfer of knowledge or expert clinical staff novice staff Assists with decision-making by ensuring that plans are made in advance for the next needed step, and helps to ensure that the patient receives care that will achieve the most positive outcomes in the most efficient manner. This process helps to eliminate costly delays in progress. Advantages: Nurses are allowed to work in specialized roles for which they were educated, leading to greater career satisfaction Disadvantages: Critical pathway Successful case management relies on the critical pathways to guide care. The term critical path, also called a care map. Refers to the expected outcomes and care strategies developed by the collaborative practice team. It provide direction for managing the care of a specific patient during a specified time period. Comprehensive pre-printed standard plan reflecting ideal course of treatment for diagnosis or procedure especially with relatively predictable outcomes The critical pathway may need to be revised or additional data may be needed before changes are made Nurses who have experience, knowledge and capability to function beyond their original education may not be recognized Organizations that have determined minimal educational requirements for RN positions may have difficulty in recruiting staff with the requisite credentials Clinical Nurse Leader Model Advantages: Accommodate unique characters and conditions of patient Reduce costs and length of stay Use appropriate sources Disadvantages: The critical pathway may need to be revised or additional data may be needed before changes are made The critical path must induce a means to identify variances easily and to determine whether the outcome has been met This was developed with the goal to improve the quality of patient care across the continuum and as a way to engage highly skilled clinicians in outcome-based practice and quality improvement. The CNL has responsibilities including designing, implementing, and evaluating patient care by coordinating, delegating, and supervising the care provided by an inter professional team. The nurse in this role is the leader in the healthcare delivery system and is not in an administrative or managerial role The CNL is a provider and coordinator of care and fosters inter professional and intra professional communication. Synergy Model for Patient Care Differentiated practice Nursing competencies are generally measured in three areas; technical skills, communication and management of care or leadership skills Is a method that sorting nursing practice roles, function and work based on education experience, and competence or some combination of them 0 0 the model was originally developed for critical care units, it has been used in a variety of clinical settings. This model includes eight patient characteristics (resiliency, vulnerability, stability, complexity, resource availability, participation in care, participation in decision making, and predictability, and eight nursing characteristics or competencies derived from patient’s needs (clinical judgment, advocacy and moral agency, caring time and effort. Informal structure is also useful when the formal structure becomes non-effective. The communication network used in informal structure is known as grapevine. This is considered to be the heart of the informal organization as these are communications that occur in the break room, down the halls, during the carpool, and in between work that allows relationships of informal groups to develop. practices, collaboration, systems thinking, response to diversity, facilitation to learning, and clinical inquiry). Transforming Care at the Bedside The goal of this model is to empower nurses and other healthcare team members to redesign work processes to improve the quality of patient care and decrease turnover. Five themes comprise the TCAB model of care: transformational leadership, safe and reliable care, vitality and teamwork, patient centered care, and value-added care processes Terminologies Patient- and Family-Centered Care Model This model places an emphasis on collaborating and planning care with patients (and their families) of all ages, at all levels of care, and in all healthcare settings (Conway, 2006). In the patient-focused care, the RN is the coordinator and planner of care who brings as many care services to the patient as possible; in patient- and family-centered care, the patient has control over his or her care, and all health-care decisions are made with the RN as a collaborator in his or her care. FORMAL AND INFORMAL ORGANIZATIONAL STRUCTURE In formal structure, managerial authority, responsibility, and accountability is clearly defined. Roles and functions are outlined, people have specific task to perform, and rank and hierarchy are apparent. Informal structure, according to Education Portal (2003-2013), is the channel “that fills in the gaps with connections and relationships that illustrate how employees network with one another to get the work done.” As supported by Schatz (2013) informal structures are typically centered on camaraderie and often produce direct response from individuals, saving people’s 0 0 Patient classification systems - also known as workload management or patient acuity tools Case method nursing or total patient care nursing – oldest form of patient care organization and is still widely used today Functional nursing – the modality of care that requires the completion of specific tasks by different nursing personnel Team nursing – typically uses a nurse-leader who coordinates team members of varying educational preparation and skill sets in the care of a group of patients Modular nursing – uses mini-teams, typically an RN and unlicensed health-care workers, to provide care to a small group of patients, usually centralized geographically Primary care nursing – one health-care provider (typically the RN) has a 24-hour responsibility for care planning and coordination Case management – a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates opinions and services to meet an individual’s health needs through communication and the use of available resources to promote quality and costeffective outcomes Accountability – taking full responsibility for the quality of work and behavior while engaged in the presence of the profession. Authority – the right to act or make decisions without approval of higher administrators. It includes the right to extract obedience from subordinates. In government hospitals, flow of authority is from the Chief of Hospital down to the Heads of the various Divisions such as the Administrative Officer, the Chief of the Nursing Division, and the Chief of Clinics. Communication – the transmission of information between persons. Power – the ability to influence another to behave in accordance with one’s wishes. This goal blended well with the goal of the ILO project to improve Nursing Education and practice through the dissemination of materials and training of nurses. Specifically the project aims to: 1. Establish the team and system for implementing the project, 2. Develop and implement the training design and materials aligned with the revised NNCCS competencies, 3. Pilot the training course in Luzon, Visayas and Mindanao, 4. Recommend strategies to address sustainability concerns. MODULE 3 National Nursing Care Competency Standards (NNCCS) SIGNIFICANCE: The development of the NNCCS for nursing practice started in 2001 through the initiative of the Professional Regulation Commission Board of Nursing (PRC-BON) which created a National Task Force for Core Competency Standards Development In the foreword of the 2012 NNCCS, Professional Regulation Commission Chair T.R. Manzala stated: “Out of this lengthy process emerged the Revised Nursing Core Competency Standards, emphasizing the three roles of the nurse: Beginning Nurses’ Role on Client Care, Beginning Nurses’ Role on Management and Leadership and Beginning Nurses’ Role in Research as well as four types of clients of the nurse. With the promulgation of the 2012 NNCCS, the succeeding stage is its implementation and evaluation in both nursing education and nursing service in all settings. This will be a collaborative activity of all partners of the PRC-BON. This collaboration materialized when the Commission on Higher Education (CHED) obtained a grant from the International Labour Organization (ILO). This project entitled “Nursing Core Competencies for Master Trainers in Nursing Education and Practice” is the initial step in the implementation of the 2012 NNCCS. Basic Nursing Education Program in the Philippines through CHED Competency-based test framework development of course syllabi and test questions for “entry level” nursing practice in the board licensure examination for nurses Standards of professional nursing practice in various setting in the Philippines All related evaluation tools in various practice settings in the Philippines 10 KEY PHASES: Phase 1 – Work Setting scenario Phase 2 – Validation studies of roles and responsibilities/Benchmarking Phase 3 – Integrative review of outputs from the validation strategies Phase 4 – Core competency consensual validation Phase 5 – Conduct of public hearing Phase 6 – Promulgation of the revised and modified core competency standards. Phase 7 – Printing of the revised and modified core competency standards. Phase 8 – Training in the implementation of the revised core competency standards. Phase 9 – Implementation of the revised core competency standards. GOALS AND OBJECTIVES OF THE PROJECT 0 0 Phase 10 – Evaluation of effectiveness of the revised core competency standards Patient Care Safety Standards Keeping patients safe: Transforming the Work Environment of Nurses made it explicit that nurses are the healthcare service professional most likely to intercept errors and prevent harm to patients. Given the role that nurses play in care and quality improvement, it is important for nurses to know what proven techniques and interventions they can use to enhance patient and organizational outcomes formulate standards of what is expected from health providers; communicates; provide training; enforce the standards that comes with the policies and give the patients a voice through a feedback system or a patient satisfaction survey 3. Reporting System The National Patient Safety Committee shall develop and institutionalize a pro-active reporting and learning system that requires its leadership to encourage reporting of events 4. Feedback and Communication Performance feedback and benchmarking mechanism Safety in healthcare organizations aims to prevent harm to patients, their families and friends, healthcare professionals, contract of service workers, volunteers, and the many other individuals whose activities bring them into an environment. Safety is one aspect of quality where quality includes not only avoiding, preventable harm, but also making appropriate care available providing effective services to those who could benefit from them and not providing ineffective or harmful services. KEY ELEMENTS OF PATIENT SAFETY 1. Leadership Leadership and political commitment are essential at the health facility level where patient safety becomes an integral component of quality care The Leadership shall address strategic priorities for institutional development. Its culture and infrastructure, engage its various stakeholders, communicate and build awareness. 2. Institutional Development Approaches to institutionalize patient safety and quality in the health facilities will have to consider the following: financial and human resource; facility and equipment management; strengthen management responsibility, authority and competency; 0 to communicate leadership responses to the reports shall be established to demonstrate commitment to patient safety and ensure continuous improvement. 5. Adverse Event Prevention and Risk Management Risk and reduction strategies thorough patient Risk assessment, patient feedback survey health technology assessment and safety assessment code 6. Disclosure of Reported Serious Events The reporting system ensures confidentiality of individual cases. The events can be made available to the public through - disclosure of results of investigation, - summary reports or annual reports that summarize events and actions taken 7. Professional Development Training and supervision of the healthcare staff to improve their decision and clinical judgments is imperative. It is necessary to instill standard norms of behavior of courtesy, promptness and efficiency among the healthcare workers and improve the quality of service given to patients. 8. Patient Centered care and Empowerment of Consumers 0 Nurses and Doctors are bombarded with information and urgent tasks throughout the day without checklist, scheduled, and other methods of monitoring task, it would be nearly impossible to keep track of everything. Reporting incidents and learning from them is critical to implementing staff safety. For example unintentional exposure to aggressive substances is taken less seriously than needle stick injuries 3. Optimize staff scheduling Hospital management faces many challenges – two of the most areas, finding enough qualified people to fill their teams. When hospital teams are understaffed, employees are overworked, and the risk of safety incidents increase. While management needs to control labor costs for hospitals to remain profitable, there needs to be a balance between minimizing cost and maximizing staff safety. 4. Improve patient handling Moving and handling patients can be one of the most physically demanding aspects of healthcare professions. Dependency of patients on nursing staff (2) increases and equipment gest more complex, patient-handling methods form the past might not be as effective today. 5. Use safer medical equipment Medical device is quickly improving, and recent innovations, eliminate health risks that plagued staff and patients in the past. Improving Infection Control Helping prevent needlestick injuries Reducing medication errors (by reducing stopcock manipulations) Increasing protection against exposure to blood and drugs Minimizing disconnections, air embolism and misconnections Patients must be at all centers of patient safety initiatives and must be partners in all aspects of the process. Patient centered care and patient safety is a national priority and a core agenda to improve quality care in all health - to protect patients, form faulty system Importance of Safety in Healthcare 1. Improve patient satisfaction and clinical outcomes. 2. Ensure accuracy of patient’s identification. 3. Enhance the effectiveness of communication among healthcare personnel. 4. Improve the safety of using medications. 5. Reduce the risk of healthcare associated infections 6. Reduce the risk of harm resulting from injuries. 7. Improve staff productivity and retention rate. 8. Increase awareness of occupational health and environmental control like ergonomicallydesigned workplace. 9. Workers must be trained to. Workers also must be convinced why it is important to pay attention to prevention and be educated about the benefits in terms of reduced pain and discomfort of adopting good practices and work methods. 10. A strong ergonomics integration prevents injuries and increases productivity. Together, they make the workplace safer and reduce costs. 5 Ways to Improve Staff Safety in Healthcare 1. Promote a culture of safety Company culture heavily influences the general attitude of a working environment. Hospitals that place a big emphasis on staff safety are more likely to prevent incidents because safety is aligned with professionalism in the workplace. 2. Measure the performance of safety protocols One of the fundamental practices that make hospitals as effective as they are is the use of record keeping. 0 0 Nursing Actions to Improve Patient Safely 1. Knowledge and implementation about healthcare policies and procedures. 2. Open communication and teamwork among all other healthcare providers. 3. Review the medication rights before giving the medications. 4. Engage in creating and updating reporting system to avoid a blaming culture, 5. Involve in research and evidence-based activities for better decision making. 6. Be updated on all life-saving certification like CPR, BLS, ACLS, PALS, NALS and other Nursing Specialty Certification Programs. 7. Engage in hospital committees to make the healthcare system safe, effective and patientcentered. 8. Be responsible in reporting all errors and near misses not only for the patient to prevent sentinel and adverse events to happen again. 9. Ensure better lighting and less clutter in the work areas. The registered nurse collects comprehensive data pertinent to the healthcare consumer’s health and/or the situation. standard 2. diagnosis The registered nurse analyzes the assessment data to determine the diagnoses or the issues. standard 3. outcomes identification The registered nurse identifies expected outcomes for a plan individualized to the healthcare consumer or the situation. standard 4. planning The registered nurse develops a plan that prescribes strategies and alternatives to attain expected outcomes. standard 5. implementation Standards of Professional Nursing Practice (American Nurses Association, 2015) The Standards of Practice describe a competent level of nursing care as demonstrated by the critical thinking model known as the nursing process. The nursing process includes the components of assessment, diagnosis, outcomes identification, planning, implementation, and evaluation. Accordingly, the nursing process encompasses significant actions taken by registered nurses and forms the foundation of the nurse’s decision-making. The registered nurse implements the identified plan. standard 5a. coordination of care The registered nurse coordinates care delivery. standard 5b. health teaching and health promotion The registered nurse employs strategies to promote health and a safe environment. standard 5c. consultation The graduate-level prepared specialty nurse or advanced practice registered nurse provides consultation to influence the identified plan, enhance the abilities of others, and effect change. standard 5d. prescriptive authority and treatment The advanced practice registered nurse uses prescriptive authority, procedures, referrals, treatments, and therapies in accordance with state and federal laws and regulations. standard 6. Evaluation The registered nurse evaluates progress toward attainment of outcomes standard 7. ethics standard 1. assessment The registered nurse practices ethically. standard 8. education 0 0 Terminologies The registered nurse attains knowledge and competence that reflects current nursing practice. standard 9. Evidence-based practice and research The registered nurse integrates evidence and research findings into practice. standard 10. Quality of practice The registered nurse contributes to quality nursing practice. standard 11. communication The registered nurse communicates effectively in all areas of practice. standard 12. leadership the registered nurse demonstrates leadership in the professional practice setting and the profession. standard 13. collaboration The registered nurse collaborates with healthcare consumer, family, and others in the conduct of nursing practice. MODULE 4 standard 14. professional practice evaluation The registered nurse evaluates her or his own nursing practice in relation to professional practice standards and guidelines, relevant statutes, rules, and regulations. Code of Ethics for Filipino Nurses Code of Good Governance standard 15. resource utilization The registered nurse utilizes appropriate resources to plan and provide nursing services that are safe, effective, and financially responsible. standard 16. environmental health Effective - providing services based on scientific knowledge to all who could benefit and refraining from providing services to those not likely to benefit. Efficient - avoiding waste, including waste of equipment, supplies ideas and energy Equitable - providing care that does not vary in quality because of personal characteristics such as gender, geographic location and socio-economic status (IOM, 2001). Patient-Centered - providing care that is respectful of and responsive to patient preferences, needs, values and ensuring that patient values guide all clinical decisions. Patient Safety - is defined as “the prevention of harm of patients through the prevention, avoidance of risk, adverse outcomes, or injuries stemming from the process of healthcare. It is the degree to which the risk of an intervention and risk in the care environment are reduced for a patient and other people, including healthcare providers. Safety - avoiding injuries to patients from the care that is intended to help them. Timely - reducing waiting time and sometimes harmful delay for both those who receive and those who give care. Promulgated by the professional Regulation Commission on July 23, 2003 states that the hallmark of all professionals is their willingness to accept a set of professional and ethical principles which they will follow in the conduct of their everyday lives. To cover an environment of good governance in which all Filipino professionals shall perform their duties. General Principle 1. Service to others - A commitment to a life of sacrifice and genuine selflessness in carrying out their professional duties. The registered nurse practices in an environmentally safe and healthy manner. 0 0 2. Integrity and Objectivity - To perform responsibilities with the highest sense of integrity with nationalism and spiritual values. 3. Professional Competence - Undertaking only those professional service they can reasonably deliver. 4. Solidarity and Teamwork - Maintain and support one professional organization for all its members 5. Social and Civic Responsibility - Always carry out their professional duties with due consideration of the interest of the public. 6. Global Competitiveness - Remain open to the challenges of a more dynamic and interconnected world, rise up to global standards. 7. Equality of All Professionals - All professionals shall treat their colleague with respect and strive to be fair in their dealings with one another. The professional COE for Filipino nurses provide direction for nurses to act morally. In 1982, the PNA, under the chairmanship of Dean Emeritus Julita V. Sotejo, developed a COE for Filipino Nurses. In 1984, the BON, PRC adopted COE of the ICN through Board Resolution No. 633 adding “Promotion of Spiritual Environment”, it was enforced up to 1989. In 1989, The COE promulgated by the PNA was approved by the PRC through Board Resolution No. 1955. Importance of Ethics: 1. Ethics may clear why one’s act is better than the other. 2. Ethics keep an orderly social life by having agreement, understanding, principles of rules or procedure 3. Ethics seeks to point out to men the true value of life and inspire men to gain values Concepts of Nursing Ethics: 1. Nursing practice is predicted on the ideals of service 2. Nursing practice is premised on personal sacrifices and devotion to duty for the benefit of the people 3. Primary objective is to render satisfactory professional service 4. A nurse must be devoted to her professional duties and have genuine concern in the 0 advancement of her profession for public health welfare. 5. The nurse has the obligation to uphold the noble traditions of the profession. Amended COE for Nurses: Pursuant to Sec. 3 of R.A. 877, and P.D No. 233, the amended COE for nurses recommended and endorsed by the PNA was adopted to govern the practice of nursing in the Philippines A new COE for RN has been promulgated by the BON, in coordination and in consultation with PNA. IN its formulation, the Code of Good Governance for professions was adopted and integrated, as they apply to the nursing profession Article I – Preamble Sec. 1 - Health is a fundamental right of every individual Sec. 2 - RN have to gain knowledge and understanding of man’s cultural, social, spiritual aspects of illness, utilizing the therapeutic process Sec. 3 - The desire for the respect and confidence of client, colleagues, etc. Article II – RN and People RN must: a) Consider the individuality and totality of patients when they administer care. b) Respect the spiritual beliefs and practices of patients. c) Uphold the rights of individuals d) Take into consideration the culture and values of patients in providing nursing care e) Should promote learning for the client f) Expected to be more compassionate to the client than the physician. g) Responsible to give facts and information to the client & family Article III – RN and Practice RN must: a) Know the definition and scope of nursing practice b) Be aware of their duties and responsibilities in the practice of their profession 0 c) Acquire and develop the necessary competence in SKA to appropriately render nursing service d) See to it that quality nursing care and practice meet the optimum standard of safe nursing practice e) Nurses are advocates of the patients, they safeguard their rights and privileges f) Respect the patients’ bill of rights g) Perform professional duties in conformity with existing rules & Laws h) Decline any gift or favor. Not demand & receive commission Article IV – RN and Co-workers RN must: a) Maintain their profession role / Identity while working with other members of the health team b) Contribute with profession growth and development of other members c) Actively participate in professional organization d) Honor and safeguard the reputation and dignity of the members of nursing and other profession e) Respect the rights of their co workers f) Should be friendly and cordial to each other g) Should avoid rivalry, and refrain from making unfair criticism Article V – RN and Society and Environment Preservation of life, respect for human rights and promotion of healthy environment Establishment of linkages with the public in promoting local, national and international efforts to meet health and social needs of the people RN must: a) Be conscious about their obligations as citizens, be involved in community concerns. b) Be equipped with knowledge of health resources within the community and take active roles in primary health care. c) Actively participate in programs, projects, and activities that responds the problem of the society d) Lead their lives in proper conformity with the principles of right conduct. e) Project and image that would uplift the nursing profession at all times. Contracts, Wills, and Consent 0 A CONTRACT is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. A contract is a promise or a set of promises which the law recognizes as a duty and when that duty is not performed, the law provides a remedy. When a nurse enters into a contract with an employer, it is usually an agreement to be paid a certain amount of money and be provided certain benefits in exchange for such services. Kinds of Contracts 1. Formal Contract Refers to an agreement among parties involved and is required to be in writing by some special laws. Examples are marriage contracts, mortgages, and deeds of sale or work contracts 2. Informal Contract Is one which is concluded as the result of a written document or correspondence where the law does not require the same to be written, or as the result of oral and spoken discussion between the parties or conduct between the parties, evidence and intention to contract. 3. Voidable Contract An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example, free consent, is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is not freely given may avoid a contract. It therefore continues to be valid till the party whose consent is caused by coercion, undue influence, fraud or misrepresentation choose to avoid the contract within a reasonable time. Contract then is not binding on the other party. 0 8. Express Contract -When the terms of a contract are reduced in writing or are agreed upon by spoken words at the time of its formation, the contract is express. An example of this is usually found in formal contracts wherein the kind of services offered, salary, date and time of effectivity including fringe benefits, if any, are specified. If a private duty nurse is asked by a physician to go on special duty for his patient and the patient himself and his relatives do not object to the service, it is implied that the private duty nurse will be paid under the doctrine of facio ut des which means ”I do that you may give.” 9. Implied Contract -The terms of a contract are inferred from the conduct or dealing between the parties. When the proposal or acceptance of any promise is made otherwise than in words, the promise is said to be implied. Such an implied promise leads to an implied contract. Example: A boards a bus. It is implied from his conduct that A has entered onto an implied promise to purchase a ticket. 10. Quasi-Contract Certain relations resemble those created by a contract. Certain obligations which are not contracts in fact but are so in the contemplation of law. A’ supplies necessity to ‘B’ who is not capable of contracting and reimbursing to ‘A’. A is entitled to be reimbursed from B’s property. 4. Void Contract Contract which ceases to be enforceable by law becomes void, when it ceases to be enforceable. A void contract is a nullity from its inception. No rights accrue there under. A contract may also be originally valid when entered into but subsequently due to change in the events or circumstances, it may become void. It should be noted that there cannot be a void contract because when the contract is void, it is no contract at all. The right expression therefore is void agreement and not void contract 5. Unenforceable Contract -A contract which cannot be enforced is a valid contract in law, but is incapable of proof, and therefore cannot be enforced in the Court of Law. Lack of capacity- It’s expected that both (or all) parties to a contract have the ability to understand exactly what it is they are agreeing to Duress Undue influence Misrepresentation Nondisclosure Unconscionability Public policy Mistake Executed Contract -Where both the parties have performed their obligation, it is an executed contract. Even when one party to the contract has performed his share of the obligation, the contract is executed through to the other party is still under an outstanding obligation to perform his part of the promise. 7. Executory Contract Here neither party to the contract has performed his share of the obligation, for example, both the parties have yet to perform their promises, the contract is executory. In an executed contract one party has already performed his part of the agreement while the other party has to perform his par. In an executory contract both the parties have to perform their mutual promises and the fact that they have to perform their parts of the contract does not affect the validity of the contract. 6. 0 0 Quasi contracts raise out of obligation enjoyed by one person from the voluntary acts of the other which are not intended to be performed gratuitously Example: a person orders perishable items online by providing his address and paid for the same. At the time of the delivery of the goods, the delivery man delivers it to the wrong address. The receiving party then, instead of denying the delivery, accepts the order and consumes the same The case went to the court and then the court ordered to issue a quasi-contract according to which the recipient has to pay back the cost of the item to the party who the person who paid for the item initially. So, in this case, the benefits of the goods have been enjoyed by the receiving party so such a receiving party is bound to give compensation to the former party. 11. Contingent Contract -A contingent is one in which a promise is conditional and the contract shall be performed only on the happening of some future uncertain even ‘A’ contracts to pay B Rs 10,000, if B’s house is burnt. This is a contingent contract For example: a contingency fee agreement most common in a personal injury lawsuits may sate that the attorney’s fee will be 30% of all funds recovered or, alternatively, 33% after all expenses of the case are paid REQUISITES OF A CONTRACT 1. To have a contract, two or more persons must participate. 2. The parties involved must give consent to the contract. 3. The object which is the subject matter of the contract must be specified such as: a. all things which are not outside the commerce of man; b. all rights which are not in transmissible; c. future inheritance in cases expressly authorized by law; and d. all services which are not contrary to law, morals, good customs, public order, and public policy. 4. The cause of obligation is established. The time, price, and subject matter are expressed. Generally, the length of time of a contract for services is at least equal to the period for which wages or salaries are payable. Thus, if one is engaged on yearly rates, the length of time of the contract will be at least one year. 5. Contracting parties must have the legal capacity to enter into a contract. They must a. be of legal age; b. be of sound mind; c. not be under the influence of intoxicating drugs, or fear of bodily harm; and. not be suffering from physical disability such as those who are mentally incompetent. Married women have the full capacity to go into a contract except in some cases when it is specified 0 that the husband should agree to such a contract. Examples are in selling or mortgaging of property. Married female nurses will need written consent from their husbands if they are going to work abroad. INEXISTENT CONTRACT The following contracts are void or inexistent from the beginning. Those whose cause, object or purpose are contrary to law, morals, good customs, public order or public policy Those whose cause or object did not exist from the time of transaction. Those whose object is outside the commerce of man. Those which contemplate an impossible service. Those were the intention of the parties relative to the principal object cannot be as certain Those expressly prohibited or declared void by law. Those which are absolutely simulated or fictitious. VOIDABLE CONTRACTS The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties. Those contracts wherein one of the parties is incapable of giving consent to a contract. Those whose consent is vitiated by mistake, Violence, intimidation, undue influence or fraud. ILLEGAL CONTRACTS Contracts obtained through use of fraud (deception and trickery,) undue (unlawful) influence or duress (coercion) in securing such, and those that are expressly prohibited by law are illegal. Following are examples of illegal contracts: 1. Those that are made in protection of the law. If a nurse proceeds or administer intravenous injection without special training and according to protocol established, she/he violates RA 9173, the Philippine Nursing Act of 2002, 0 2. Consent obtained by fraud. If a nurse obtained the consent of a patient or the family to be given services, through misrepresentation that she/he is licensed although she/he is not, such a contract is illegal. 3. Those obtained under duress. Duress means actual or threat of violence or imprisonment in order to obtain consent. A nurse may be forced to sign a contract under threat of dismissal. 4. Those obtained under undue influence. If a nurse who has been taking care of an elderly patient uses her close relationship to acquire high salary or other options as property, such contract is invalid as it is illegal. 5. Those obtained through material misrepresentation. Aside from fraud, material misrepresentation may permit a person to avoid or cancel a contract. Suppose a midwife applied as nurse in an agency and was soon found not to be a registered nurse, the contract that she signed becomes illegal because she misled the employer that she is a nurse. ADVANTAGES OF WRITTEN CONTRACTS Many nurses fear written contracts. The following are the advantages of written contracts over oral ones. A written contract is certain. It avoids the uncertainty of human memory. BREACH OF CONTRACT Breach of contract is failure to perform an agreement, whether expressed or implied, without cause. The following constitute breach of contract for nursing services: prevention of performance; failure to perform because of inconvenience or difficulty; failure of cooperation in performance; abandonment of duty (i.e., leaving unconscious patients, going off-duty without endorsement, loafing While on duty); substitution of performance; and failure to use due care. LEGAL EXCUSES IN REFUSING, NEGLECTING OR FAILURE TO PERFORM A CONTRACT Following are legal excuses in refusing, neglecting or failure to Perform a contract: discovery of material misrepresentation made and relied upon; 0 where performance would be illegal; where performance is made impossible by reason of illness; where performance is made impossible by death of patient or nurse; where performance is made impossible by death of patient or nurse; where performance is made for other reasons; and where contract is insufficient. 0 It can specify a definite time within which it is binding so as to protect both sides against sudden changes without notice. It also fixes a time limit after which conditions are no longer binding but may be opened for discussion. It sets a standard and relieves an individual professional person from haggling over compensation. It is more likely to be open and well-known so that the use of written contracts tends to establish minimum standards for professional practitioners and to protect them against discrimination in compensation. It is definite and can be definite on many details which may otherwise stimulate favoritism or caprice even among professionals, such as hours of work, vacation allowances, holiday privileges, health and insurance provisions. It can provide a definite procedure in case of complaints about substandard work, so that the employer has a clear course and the professional nurse has protection against arbitrary action. It creates a minimum of certainty and security for the professional employee so that he/she is free to concentrate on his/her work without concern for the details which the written contract has settled. Definite commitments stipulated in a contract are hours of work and salary, length of time of contract, days of off duty, details of duties and responsibilities including the course to be 3. 4. taken in case of non-fulfillment of the terms of contract WILL Is a legal declaration of person’s intentions upon death? It is called a testamentary document because it takes effect after the death of its maker It is 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. Kinds of Will 1. Holographic Will Must be entirely written, dated, and signed by the hand of the testator himself. In the probate of a holographic will, it is necessary that at least one witness who knows the handwriting and signature of the testator explicitly declares that the will and the signature are in the handwriting of the testator. 2. Oral Wills, Nuncupative Wills, Deathbed Wills An Oral Will is spoken/oral, rather than written. This type of Will is usually made before witnesses. The Testator will say out loud to someone else how he/she wants his/her property and assets to be distributed after death. 3. Nuncupative Will or noncupation An Oral Will that have at least two witnesses and meets specific statutory guidelines. Restrictions to the oral will are that such will be made during the person’s last illness, that it be done in the place in which he died, that he asked one more witnesses to the will, that the will be put in writing within a given number of days, and that it be offered to: probate within a specified time. 5. 6. 7. 8. TESTAMENTARY CAPACITY AND INTENT Following are the essentials of will to meet legal requirements: The testator must have the expressed intention of making a will. He must be of the right age. A person under 18years of age cannot make a will. He is required to be of sound mind and must be free from undue influence. Terminologies: 1. Decedent Is a person whose property is transmitter through succession whether or not he left a will 2. Testator Is the deceased person who made a last will and testament Testatrix If the person making a will is a woman Heir Is a person called to succession either by the provision of a will by operation of law Testate Having made a valid will before one dies Intestate One who dies without a will Probate Is a special proceeding to establish the validity of a will. Probate is mandatory, which means that no will passes either real or personal property unless it is proved and allowed in a proper court Administrator One who administers the provision of the will The testator shall name the person who will be in charge of carrying out the provisions of the will. Properties must be disposed of 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. A married woman may make a will without the consent of her husband and without the authority of the court. THE NURSE’S OBLIGATIONS IN THE EXECUTION OF A WILL They should note the soundness of the patient's mind (that he/she understood the act of making a will) and that there was 0 0 freedom from fraud or undue influence (he/she was not induced to make someone the beneficiary of the will) and that the patient was above 18 years of age. He/she 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. GIFTS Another way of disposing of property, aside from executing a will is by gifts. The gift must consist of personal property There must be an intention to make the gifts; There must be an indication of transfer of control over such property; and There must be acceptance by the recipient Gifts made by a person because of anticipation of death or belief in approaching death are called gifts causa mortis or donation causa mortis. LEGAL PROCEDURE AND TRIAL In a trial, the judicial procedure is to ascertain facts by hearing evidence, determine which facts are relevant, apply the appropriate principle of law, and pass judgment. COMMENCEMENT OF THE ACTION The first step in the trial process is to determine what kind of legal action to take. If the action relates to negligence, the correct action would be negligence; and if it related to contract, the proper action would be for breach of contract. STATUES OF LIMITATION Complaint must be made within a specific time or the right to complain may be lost forever. There is a time limit in filing cases because witnesses become less reliable after passage of time. Claims for negligence or malpractice vary from two (2) to three (3) years. In criminal cases, statutes of limitation vary from two (2) to six (6) years except in cases where murder is committed in which there is no time limit. PLEADING 0 Each party presents a statement of facts or pleading to the court. First pleading is generally known as the complaint or petition. In less serious crimes known as misdemeanor, these pleadings are called complaints while in crimes of more serious nature known as felonies, the pleadings are called indictments. FUNDAMENTAL REQUIREMENTS OF DUE PROCESS SEC 12. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him Any confession or admission obtained in violation of these or section 17 here of shall be inadmissible in evidence against him The law shall provide for penal or civil sanctions for violations of this sections as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. SEC 13 All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be baliable by sufficient sureties, or be released on recognizable as may be provided by law. The right to bail shall be impaired even when the privileged of the writ of habeas corpus is suspended. Excessive bail shall not be required. SEC 14 No person shall be held to answer for a criminal offense without due process of law In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved PRE-TRIAL PROCEDURES This is an informal discussion between the judge and attorney to eliminate matters not 0 in dispute, agree on issues, and settle procedural matters relating to the trial. Cases are often settled at this point. TRIAL At the trial, facts of the case are determined, the principles of law relating to those facts are applied and a conclusion as to liability is reached. The judge determines the facts and applies the law. WITNESS The necessity of testimony by any person in a legal proceeding is determined by the attorneys for the parties. Subpoenaa court summons is served directing a witness to appear and give testimony on the date and time ordered. Subpoena duces tecum is served to a witness requiring him to bring records, papers, and the like which may be in his possession and which may help clarify the matter in issue. She should testify only on what she knows based on facts. This is called testimony of facts. Testimony of opinion may only be given by expert witnesses. An expert witness is one who is qualified to testify based on special knowledge, skill, experience, and training. She should neither hesitate to say she does not know, nor answer any question that might incriminate her. This is known as the privilege against self-incrimination. Dying declarations or ante-mortem statements are considered hearsay evidence except when made by a victim of a crime. APPEALS An appellate court reviews the case, and when the case is decided by it, the final judgment results and the matter is ended. EXECUTION OF JUDGMENT Generally, lawsuits against hospitals or physicians and nurses involve recovery of money damages. The defendant is compelled to execute the judgment. Failure to obey will be regarded as contempt of court and will result in fine or imprisonment. Doctors should limit telephone orders to extreme emergency situations where there is 0 no alternative. The use of a telephone in a non-emergency as a substitute for the physician himself can lead to serious errors and may border on malpractice. Only in an extreme emergency and when no other resident or intern is available should a nurse receive telephone orders. The nurse should read back such an order to the physician to make certain the order has been correctly received and written on the patients' chart. Such order should be signed by the physician on his/her next visit within 24 hours. The nurse should sign the name of the physician on her own and note the time the order was received. Should any problem arise, the order should be referred back to the ordering physician. It is safer that when a telephone order is given, another resident physician or intern in the same service receive it since the latter can discuss with the former the actual condition of the patient. CONSENT TO MEDICAL AND SURGICAL PROCEDURES Consent is defined as a “free and rational act that presupposes knowledge of the thing to which consent is being given by a person who is legally capable of giving consent.” The consent signed by the patient or his authorized representative/legal guardian upon admission is for the initial diagnosis and treatment. Nature of Consent Consent is an authorization, by a patient or person authorized by law to give the consent on the patient’s behalf, that changes touching, for example, from nonconsensual to consensual. Informed Consent Hayt and Hayt state that “it is an 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. Essential Elements: the diagnosis and explanation of the condition 0 A fair explanation of the procedures to be done and used and the consequences of A description of alternative treatments or procedures A description of the benefits to be expected Material rights if any the prognosis, if the recommended care, procedure, is refused Proof of consent A written consent should be signed to show that the procedure is the one consented to and that the person understands the nature of the procedure, the risks involved and the possible consequences. Who Must Consent? Ordinarily, the patient is the one who gives the consent in his own behalf. However, if he is incompetent (minors or mentally ill) or physically unable and is not an emergency case, 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, Parental consent is not needed, however, if the minor is married or otherwise emancipated. Consent of Mentally ILL A mentally incompetent person cannot legally sign; consent must be taken from the parents or legal guardian. 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 has the right to refuse the touching of his body or to submit to a medical or surgical procedure no matter how necessary, nor the imminent danger to his life or health if he fails to submit to treatment. Consent for Sterilization The husband and the wife must consent to the procedure if the operation is primarily to accomplish sterilization. 0 CHARTING DONE BY NURSING STUDENTS When a nurse or a clinical instructor countersigns the charting of a nursing student, he/she attests that he/she has personal knowledge of information and that such is accurate and authentic. Anyone who countersigns without verification commits herself to possible legal risks. Criminal Liabilities and Legal Responsibilities of a Nurse 0 As Nurses starts to practice their profession, Nurses liability has increased. Assuming authority, responsibility, accountability for their professional practice, professional nurses increasingly are being subjected to scrutiny by Boards of Nursing Representing the law, the scope of nursing practice to protect the public welfare. Nurses are also increasingly being subjected to malpractice lawsuits. When nurses become defendants in legal actions, Other nurse serve as expert witnesses both for the defense (representing the practitioner) and the prosecution (representing the plaintiff). Expert witnesses testify to the standard of care required of the health care provider and whether it was met. For these reasons, professional nurses need basic knowledge of the legal aspects of nursing. Responsibility and Accountability for the practice of Professional Nursing Professional nurses undertake to practice their profession, they are held responsible and accountable for the quality of performance of their duties. Once they are employed in any institution, or hospital are directly responsible to their immediate supervisors. Private duty nurses, being independent practitioners, are held to a standard of conduct that is expected of reasonably prudent nurses. A standard is the desired and achievable level of performance against which actual practice is compared. Standards serve as benchmark against which to plan, to implement and assess quality of services and to show that nursing is accountable to society, to consumers of nursing services and to governments as well Defects in the equipment such as stretchers and wheelchairs may lead to falls thus injuring the patients Administration of medicine w/o a doctor’s prescription Errors due to family assistance as to the profession of nursing and individual members, Venson, (2016). PROFESSIONAL NEGLIGENCE AND MALPRACTICE Standard Desired and achievable level of performance against which actual practice is compared. Serves as benchmark against which to plan, to implement and assess quality of services Intentional Wrongs Tortious acts that a nurse may be held liable which arise in performance of her duties Negligence Refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstances would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property. If a person charged with negligence shows that she meets or even surpasses this standard, then there is no negligence or carelessness. But if the defendant’s action fails to meet the standard, then there has been negligence. Elements of professional Negligence Existence of a duty Failure to meet the standard of due care Foreseeability of harm Injury to the plaintiff Examples of Negligence Failure to report observations to attending physicians Failure to exercise the degree of diligence which the circumstances of the particular case demands Mistaken identity Wrong medicine, wrong concentration, wrong route, wrong dose 0 Civil Code, Article 19 One shall act with justice, give every man his due, and observe honesty and good faith. Civil Code, Article 20 Those who, in the performance of their obligations through negligence cause any injury to another are liable for damages. 3 conditions required to establish a defendant’s negligence Injury was of such nature that it would not normally occur unless there was a negligent act on the part of someone Injury was caused by an agency w/in control of the defendant Plaintiff himself did not engage in any manner that would tend to bring about the injury Example: A patient came in walking to the outpatient clinic for injection. Upon administering the injection tohis buttocks, the patient experienced extreme pain. His leg felt weak and he was subsequently paralyzed. His sciatic nerve was injured. The presence of sponges in the patient’s abdomen after an operation. Fracture on a newly-delivered baby born by breech presentation. DOCTRINE Of RES IPSA LOQUITUR “the thing speaks for itself” The injury could not have happened if someone was not negligent that no further proof is required. Example: forceps left inside the abdominal cavity after a TAHBSO procedure MALPRACTICE Improper or unskillful care of the patient by a nurse; also denotes stepping beyond one’s authority with serious consequences 0 Term of negligence of professional personnel (Professional Negligence) Used properly only when it refers to a negligent act committed in the course of professional performance Example: Giving of Anesthesia by a nurse or prescribing medicines. DOCTRINE OF FORCE MAJEURE An Irresistible force, one that is unforeseen or inevitable. Under the Civil Code of the Philippines, no person shall be responsible for those events which cannot be foreseen, or which, though foreseen, are inevitable, except in cases expressly specified by law Ex.floods, fire, earthquakes and accidents fall under this doctrine and nurses fail to render service during this circumstance are not held negligent. DOCTRINE OF RESPONDEAT SUPERIOR “Let the master answer for the acts of the subordinate.” The liability is expanded to include the master as well as the employee and not a shift of liability from the subordinate to the master Example: The hospital will be held liable, if, in an effort to cut down on expenses if decides to hire under board nurses or midwives in place of professional nurses, and these persons prove to be incompetent. The surgeon will be held responsible in case a laparotomy pack is left in a patient’s abdomen. Note: Private duty nurses, however, are considered independent contractors. They are liable for their own negligent actions. LIABILITY FOR WORK OF NURSE TRAINEES AND NURSE VOLUNTEERS Nurses are responsible and accountable for their practice, nurse volunteers should exercise utmost caution, critical thinking and independent judgment to prevent incurring liabilities which may be hard to get out of. LIABILITY OF NURSES FOR THE WORK OF NURSING AIDES Nurses should not delegate their functions to nursing aides since the Philippine nursing act specifies the scope of nursing practice of professional nurses. Nurses are enjoined to supervise their subordinates and see to it that they perform only those which they have been taught to do and those which they are capable of doing. Nursing aids are responsible for their actions Nurses should not delegate their functions to nursing aides. Nursing aides perform selected nursing activities under the direct supervision of nurses. LIABILITY FOR THE WORK OF NURSING STUDENTS INCOMPETENCE Lack of ability, or legal qualifications and being unfit to discharge the required duty. It is a ground for the revocation and suspension of her certificate of registration. Ex. A nursing assistant giving IV medication to the patient. 0 0 RA 9173 –nursing students do not perform professional nursing duties. Nursing students should be under supervision of their clinical instructors. In order that the errors committed by nursing students will be avoided or minimized, the following measures should be taken: Nursing students should always be under supervision of their clinical instructors. They should be given assignments that are their level of training experience and competency. They should be advised to seek guidance if they are performing a procedure for the first time They should be oriented to the policies where they are assigned. Their performance should be assessed frequently to determine their strengths and weaknesses. Legal Defense in Negligence When Nurses know and attain the standard of care giving service and that they have documented the care they give. If the patient’s careless conduct contributes to his own injury. ADVOCACY Helping others grow and self-actualize by informing them of their rights and ascertaining that they have the right information on which to base their decisions. The Code of Ethics for Registered Nurses, Sec. 8and Sec. 9 Guidelines to be Observed: 1. Registered nurses are the advocates of the patients. 2. Nurses should be able to advocate for themselves and the profession. MEDICAL ORDERS, DRUGS, AND MEDICATIONS RA 6675 Only validly registered medical, dental and veterinary practitioners, whether in private institutions, corporations or in the government, are authorized to prescribe drugs. Requires that the drug be written in their generic names. Only when these orders are legal writing and bear the doctor’s signature thus the nurse has the legal right to follow them. The nurse must not execute an order if she is reasonably certain it will result in harm to the patient. PHARMACY ACTRA 5921 All prescriptions must contain the following information: Name of the prescriber Office address Professional registration number Professional tax receipt number Patient’s/client’s name, age,sex Date of prescription In the administration of intravenous injections, special training shall be required according to protocol established”. Basis of nurse’s legal right to give IV injection. Board of nursing resolution no. 8 states that any registered nurse without such training and who administers IV injections to patients should be held liable, either criminally or administratively or both. SCOPE OF DUTIES AND RESPONSIBILITIES IN INTRAVENOUS THERAPY 1. Interpretation of the doctor’s orders for intravenous therapy 2. Performance of venipuncture, insertion of needles, cannulas except TPN and cut down 3. Preparation, administration, monitoring and termination of intravenous solution such as additives, intravenous medications, and intravenous push 4. Administration of blood/blood products as ordered by physicians 5. Recognition of solution and medicine incompatibilities 6. Maintenance and replacement of sites, tubing’s, dressings in accordance with established procedures 7. Establishment of flow rate of solutions, medicines, blood and blood components 8. Utilization of thorough knowledge and proficient technical ability in the use/care, maintenance, and evaluation of intravenous equipment 9. Nursing management of TPN, outpatient intravenous care 10. Maintenance of established infection control and aseptic nursing interventions 11. Maintenance of appropriate documentation associated with the preparation, administration and termination of all forms of intravenous the therapy TELEPHONE ORDERS INTRAVENOUS THERAPY AND LEGAL IMPLICATIONS Philippine nursing act of 1991 section 28 “ 0 0 Only in an extreme emergency and when no other resident or intern is available should a nurse receive telephone orders The nurse should read back such an order to the physician to make certain the order has been correctly written Unjustifiable detention of a person without legal warrant within boundaries fixed by the defendant by an act or violation of duty intended to result in such confinement. Ex. Patient insists on leaving the hospital, probable consequences of their action explained by the doctor or medical staff, he is still allowed to go home against medical advice In order not to be charged with false imprisonment However, if patient has a communicable disease, hospital cannot be charged with false imprisonment in order to protect the public. d. Invasion of Right to Privacy and Breach of Confidentiality The right to be left alone, right to be free of unwanted publicity and exposure to public view Privacy relates to a person or identity. Example: curtains are used during bed bath procedure to provide privacy of the patient Confidentiality relates to data or information about an individual. Example: patient’s charts are not shared with nurses who have not have direct involvement in the care of the patient. e. Defamation Character assassination, be it written or spoken. Slander –oral or spoken defamation Libel –written defamation (cartoon characters, words written or essay). There must be a third person who hears or reads the comment. There must be a third person who hears or reads the comment. Such an order should be signed by the physician on his next visit within 24 hours. MEDICAL RECORDS Supplies rich material for medical and nursing research Serves as a legal protection for the hospital, doctor, and nurse by reflecting the disease or condition of the patient and his management. ” if it was not charted, it was not observed or done”. Nurses are expected to record fully, accurately, legibly and promptly their observations from admission to the time of the patient’s discharge. Nurses are legally and ethically bound to protect the patient’s chart from unauthorized persons CHARTING DONE BY STUDENT NURSES When a nurse or clinical instructor counter signs the charting of the nursing student, he/she has personal knowledge of information and that such is accurate and authentic. Anyone who countersigns without verification commits herself to possible legal risks. CRIMES AFFECTING NURSING PRACTICE/ REGISTERED NURSES TORT A tort is a legal wrong, committed against a person or property independent of a contract which renders the person who commits it liable for damages in a civil action Examples a. Assault Imminent threat of a harmful or offensive bodily contact. Verbal threat Ex: A nurse threatens a geriatric patient when he will take his medications b. Battery Intentional, unconsented touching of another person. Ex. When the patient refuses the IM injection of medication but the nurses give it anyway, he can be charged with battery c. False Imprisonment or Illegal Detention CRIMES, MISDEMEANORS, AND FELONIES Crime Defined as an act committed or omitted in violation of the law It has 2 elements: (1) criminal act and (2) evil or criminal intent Conspiracy to commit a crime Conspiracy to commit a crime exists when 2 or more persons agree to commit a crime or 0 0 felony and decide to do it. They can be classified as Principal Has committed a direct part in the execution of the act. He/she directly force or induce others to commit the act. Considered as the mastermind of the crime: principal by inducement Accomplices Cooperates in the execution of the offense by previous or simultaneous act and has knowledge of the criminal intention of the principal Accessory Have knowledge of the commission of the crime Take part subsequent to its commission by profiting themselves or assisting the offender to profit from the effects of the crime Provides exit strategy Criminal Actions Deals with acts or offenses against public welfare. These vary from minor offenses and misdemeanors to felonies. Misdemeanor Is a general name for a criminal offense which does not in law amount to felony? Punishment is usually fine or imprisonment in term of less than one year Felony Public offense for which a 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 exists when the act is performed with deliberate intent and there is fault when the wrongful acts result from imprudence, negligence, or lack of skill or foresight. Criminal Negligence may be classified into: Reckless Imprudence when a person does an act or fails to do it voluntarily but without malice, from which material damage results immediately. Simple Imprudence the person or nurse did not use precaution and the damage was not immediate or the impending danger was not evident or manifested immediately. 0 Criminal Intent State of mind of a person at the time of the criminal act is committed. The person is aware that the act is unlawful but commits it anyway. Deliberate intent includes two elements without which can be no crime. These are freedom and intelligence. However, when the person offers evidence of insanity, necessity, compulsion or accident or infancy, the court will decide if he is not guilty of the criminal offense. Classified according to the degree of the acts of execution a. Consummated When all the elements necessary for its execution and accomplishment are present. Ex. The nurse wanted to commit euthanasia and had given an overdose of morphine that leads to patient’s deathb. b. Frustrated When the offender performs all the acts or execution which will produce the felony as a consequence but which nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. Ex. Nurse was hired to give poison to a geriatric patient by a relative for inheritance. However, the patient was revived after the poison was given. c. Attempted When the offender commences the commission of the same directly by overt (open or manifest) acts due to unforeseen circumstances there was no complete execution to produce the desired felony. Ex. Respiratory Physiotherapist planned to poison a geriatric patient with an overdose of inhaled anesthetic but due to lack of available supply, the patient was only kept drowsy and not comatose or dead. Felonies classified according to the degree of punishment a. Grave felonies those to which the law attaches the capital punishment (death) or penalties which in any of their periods are afflictive imprisonment 0 requisites mentioned in the first circumstance and that the person defending is not included by revenge, resentment or other evil motives c. When any person who, in order to avoid an evil or injury, does not an act which causes damage to another provided that the evil sought to be avoided actually exists, the injury feared is greater that done to avoid it and there is no other practical and less harmful means to prevent it. d. Fulfillment of a duty or lawful exercise of right or office, Ex: police officers shooting a drug addict to defend oneself from getting shot back 2. Exempting circumstances The following persons may be exempted from the crime they have committed: Imbecile or insane person, unless the latter has acted during a lucid interval. Person less than 9 years ‘old Person over 9 years of age and under fifteen unless he/she acted with discernment Any person while performing a lawful act with due care he/she causes merely an accident without fault or intention or causing it Any person under compulsion of an irresistible force Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury Any person who fails to perform an act required by law when prevented by some lawful or insuperable cause. 3. Mitigating circumstances Those which do not constitute justification or excuse of the offense in question, but which in fairness and mercy, may be considered as extenuating degree of moral culpability. The following are some of the circumstances considered by law to be mitigating and Lessen the criminal liability of the offenders. When the offender has no intention to commit so grave a wrong as the one committed When the offender is under eighteen years of age or over seventy years old. ranging from 6 years and 1 day to life imprisonment or fine not exceeding php6,000.00. b. Less Grave felonies Law punishes with penalties which in their maximum period are correctional. Imprisonment from one month and one day to six years Fine not exceeding php 6,000.00 c. Light felonies Those infractions of law for the commission of which the penalty of arresto menor Imprisonment for one day to 3o days or a Fine not exceeding php200.00. Light felonies are punishable only when they have been consummated, with the exception of those committed against a person or property. Criminal Liability Nurse may incur criminal liability or subject herself to criminal prosecution either by committing a felony or by performing an act which would be an offense against person or property. Ignorance of the law is not an excuse for failure to comply therewith. Violators of the criminal law cannot escape punishment on the ground of ignorance of the law. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 1. Justifying circumstances as a person may not incur criminal liability under the following circumstances: When he/she acts in defense of his/her person or rights provided that: a. There is an unlawful aggression on the part of the offended or injured party; b. There is reasonable necessity for the means employed by the person defending himself/herself to prevent such aggression. There is lack of sufficient provocation on the part of the person defending himself. a. When he/she acts in defense of the person or the rights of his/her spouse, ascendants, descendants, or legitimate or natural or adopted brothers or sisters, or relatives b. When he/she acts in defense of the person or rights of a stranger provided that the first circumstances and second 0 0 When sufficient provocation or threat on the part of the offended party immediately precedes the act. Act is committed in the immediate vindication of grave offense to the one committing the felony, his/her spouse, ascendants, legitimate, natural or adopted brothers or sisters, or relative by affinity within the same degree. Offender voluntarily surrenders himself to a person in authority or authority Defender is deaf and dumb, blind or otherwise suffering from some physical defects which does restricts his/her means of actions, defense Or communication with fellow beings. Suffering from such illness as would diminish the exercise of his/her will power without, depriving him/her consciousness of his/her acts Note: Lack of education is not mitigating in: a. Rape b. Forcible abduction c. Arson. d. Treason e. In crimes against chastity like seduction and acts of lasciviousness f. Those acts committed in a merciless or heinous manner 4. Aggravating circumstances Attending the commission of crime and which increase the criminal liability of the offender or make his guilt or more severe. The following are Some of the circumstances that consider the law as aggravating When the offender takes advantage of his public position. Crime is committed in place of worship Act is committed with evident premeditation or after an unlawful entry Act committed with abuse or confidence or obvious ungratefulness When the crime committed in consideration of a price, reward, or promise Crime is committed on occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune When craft, fraud or disguise was employed When the wrong done in the commission of the crime is deliberate augmented by causing other wrongs not necessary for its commission. 5. Alternative circumstances Taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending to its commission Relationship is aggravating in physical injuries inflicted by a descendant upon as ascendant. It is mitigating when an accused aided his/her brother in the fight against the offended party Intoxication of the offender as mitigating when the offender committed the felony in a state of intoxication. When intoxication is habitual or intentional, it can be an aggravating circumstance. Illiteracy is mitigating if there is lack of sufficient intelligence and knowledge of the full significance of one’s act. Lack of education is not mitigating in: rape, force abduction, arson, treason, crimes against chastity like seduction and acts of lasciviousness and acts committed in merciless or heinous manner 0 MORAL TURPITUDE act of baseness, vileness or depravity in social or public duties which a man owes to his fellow man or to society in general. It is contrary to the accepted and customary right and duty between men. MURDER unlawful killing of a human being with intent to kill. Ex. Euthanasia and abortion HOMICIDE 0 killing of a human being by another. It may be committed without criminal intent by any person who kills another other than his father, mother, child or ascendants or descents, spouse without any of the circumstances attendant the crime of murder being present. ABORTION expulsion of a product of conception before the age of viability. In law, any person with the intention of prematurely ending a pregnancy willfully or unlawfully does any act to cause the same is guilty of procuring abortion. INFANTICIDE killing of child less than 3 days of age. The mother who commits this crime shall suffer penalty of imprisonment ranging from 2 years, four months and one day to 6 years. PARRICIDE crime committed when one kills his/her father, mother or child whether legitimate or illegitimate, his/her ascendants or descendants or his spouse. A person convicted shall be imposed of penalty for life imprisonment (reclusion perpetua) to death. ROBBERY crime against person or property of taking personal property of another person. Ex. Nurse takes patient’s cash or jewelry while patient is sleeping. CONTROLLED SUBSTANCES RA 6425 (Dangerous Drugs Act of 1972) covers administration and regulation of manufacture, distribution and dispensing of controlled drugs. Authorized persons to prescribe or dispense these drugs require to register and have special license for this purpose. Controlled drugs are kept in locked cabinets and are documented and counted every shift birth, prison mayor and a fine not exceeding one thousand pesos. Things to remember in order to avoid criminal liability 1. Be very familiar with the Philippine nursing law. 2. Beware of laws that affecting nursing practice 3. At the start of employment, get a copy of your job description, the agency’s rules, regulations and policies. 4. Upgrade your skills and competence 5. Accept only such responsibility that is within the scope of your employment and your job description. 6. Do not delegate your responsibilities to others. 7. Determine whether your subordinates are competent in the work you are assigning them. 8. Develop good interpersonal relationships with your co-workers, whether they be your supervisors, peers or subordinates. 9. Consult your superior for problems that may be too big for you to handle. 10. Verify orders that are not clear to you or those that seem to be erroneous. 11. The doctors should be informed about the patient's conditions. 12. Keep in mind the values and necessity of keeping accurate and adequate records 13. Patients are entitled to an informed consent. RA 9173 Philippine Nursing Act of 2002 SIMULATION OF BIRTH, SUBSTITUTION OF ONE CHILD FOR ANOTHER OR ABANDONMENT OF LEGITIMATE CHILD Simulation of birth –one who enters in a birth certificate a birth that did not occur. It is a crime against the civil status of a person. Substitution of one child for another or concealing or abandoning any legitimate child with intent to cause such a child his/her civil status shall be punishable for simulation by 0 Composed of 9 articles and 41 sections Article I –S1. Title “Philippine Nursing Act of 2002” A II –S2. Declaration of the Policy AIII–S3. Organization of the Board of Nursing Composed of a chairperson and 6 members S4. Qualifications of the chairperson & members of the board a. Be a natural born citizen and resident of the Philippines; b. Be a member of good standing of the accredited professional organization of nurses; 0 c. Be a registered nurse and holder of a master's degree in nursing, education or other allied medical profession conferred by a college or university duly recognized by the Government: Provided, That the majority of the members of the Board shall be holders of a master's degree in nursing: Provided, further, That the Chairperson shall be a holder of a master's degree in nursing d. Have at least ten (10) years of continuous practice of the profession prior to appointment: Provided, however, That the last five (5) years of which shall be in the Philippines; and e. Not have been convicted of any offense involving moral turpitude; Provided, That the membership to the Board shall represent the three (3) areas of nursing, namely: nursing education, nursing service and community health nursing. S5. Requirements Upon Qualification as Member of the Board of Nursing Any person appointed as Chairperson or Member of the Board shall immediately resign from his/her work. S6. 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. S7. Compensation of the Board Members They shall receive compensation and allowances comparable to the compensation and allowances received by the Chairperson and members of other professional regulatory boards. S8.Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services Commission (PRC) S9. 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 0 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 f. Promulgate a Code of Ethics g. Recognize nursing specialty organization 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. S10. 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. S11. Removal or Suspension of Board Members The president may remove or suspend any member of the Board on the following grounds; a. Continued neglect of duty or incompetence; 0 b. Commission or toleration of irregularities in the licensure examination; and c. Unprofessional immoral or dishonourable conduct. Article IV. Examination & Registration S12.Licensure Examination Written examination S13. Qualifications for Admission to the Licensure Examination a. 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. good moral character c. 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. S14. Scope of Examination 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 S15. Ratings An examinee must obtain a general average of at least 75% with a rating of not below 60% in any subject. An examinee who obtains an average rating 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 (75%) in the subject or subjects repeated. S16. Oath S17. Issuance of Certificate of Registration / Professional License and Professional Identification Card. A certificate of registration/professional license as a nurse shall be issued to an applicant who passes the examination upon payment of the prescribed fees S18. Fees for Examination and Registration 0 S19. Registration by Reciprocity A certificate of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state or country: Provided, That the requirements for registration or licensing of nurses in said country are substantially the same as those prescribed under this Act: Provided, further, That the laws of such state or country grant the same privileges to registered nurses of the Philippines on the same basis as the subjects or citizens of such foreign state or country. S21. Practice through Special/ Temporary Permit a. Licensed nurses from foreign countries/ states whose service are either for a fee or free if they are internationally well-known specialists or outstanding experts in any branch or specialty of nursing; b. Licensed nurses from foreign countries/states on medical mission whose services shall be free in a particular hospital, center or clinic; and c. Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing; Provided, however, That the special/temporary permit shall be effective only for the duration of the project, medical mission or employment contract S22. Non-registration and Non-issuance of Certificates of Registration/ Professional License or Special/ Temporary Permit. No person convicted by final judgment of any criminal offense involving moral turpitude or any person guilty of immoral or dishonorable conduct or any person declared by the court to be of unsound mind shall be registered and be issued a certificate of registration/professional license or a special/temporary permit. S23. Revocation and suspension of Certificate of Registration/ Professional License and Cancellation of Special/ Temporary Permit a. For any of the causes mentioned in the preceding section; b. For unprofessional and unethical conduct; c. For gross incompetence or serious ignorance; 0 d. For malpractice or negligence in the practice of nursing; e. For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit f. For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit; or g. For practicing his/her profession during his/her suspension from such practice; provided, however, that the suspension of the certificate of registration/professional license shall be for a period not to exceed four (4) years. S24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates 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 Article V. Nursing Education S25. Nursing Education Program The nursing education program shall provide sound general and professional foundation for the practice of nursing. S26. 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. S27. Qualifications of the Faculty 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 0 d. Be a holder of a master's degree in nursing, education, or other allied medical and health sciences In addition to the aforementioned qualifications, the dean of a college must have a master's degree in nursing. He/she must have at least five (5) years of experience in nursing. Article VI. Practice S28. Scope of Nursing It shall be the duty of the nurse to: Provide nursing care through the utilization of the nursing process. Nursing care includes: a. 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 0 and was soon found not to be a registered nurse, the contract that she signed becomes illegal because she misled the employer that she is a nurse. BREACH OF CONTRACT Breach of contract is failure to perform an agreement, whether expressed or implied, without cause. The following constitute breach of contract for nursing services: prevention of performance; failure to perform because of inconvenience or difficulty; failure of cooperation in performance; abandonment of duty (i.e., leaving unconscious patients, going off-duty without endorsement, loafing While on duty); substitution of performance; and failure to use due care. LEGAL EXCUSES IN REFUSING, NEGLECTING OR FAILURE TO PERFORM A CONTRACT Following are legal excuses in refusing, neglecting or failure to Perform a contract: discovery of material misrepresentation made and relied upon; 0 0 It sets a standard and relieves an individual professional person from haggling over compensation. It is more likely to be open an well-known so that the use of written contracts tends to establish minimum standards for professional practitioners and t protect them against discrimination in compensation. It is definite and can be definite on many details which may otherwise stimulate favoritism or caprice even among professionals, such as hours of work, vacation allowances, holiday privileges, health and insurance provisions. It can provide a definite procedure in case of complaints about substandard work, so that the employer has a clear course and the professional nurse has protection against arbitrary action. It creates a minimum of certainty and security for the professional employee so that he/she is free to concentrate on his/her work withou concern for the details which the written contract has settled. Definite commitments stipulated in a contrac are hours of work and salary, length of time o contract, days of off duty, details of duties and responsibilities including the course to be 3. 4. taken in case of non-fulfillment of the terms of contract WILL Is a legal declaration of person’s intentions upon death? It is called a testamentary document because it takes effect after the death of its maker It is 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. 5. 6. 7. Kinds of Will 1. Holographic Will Must be entirely written, dated, and signed by the hand of the testator himself. In the probate of a holographic will, it is necessary that at least one witness who knows the handwriting and signature of the testator explicitly declares that the will and the signature are in the handwriting of the testator. 2. Oral Wills, Nuncupative Wills, Deathbed Wills An Oral Will is spoken/oral, rather than written. This type of Will is usually made before witnesses. The Testator will say out loud to someone else how he/she wants his/her property and assets to be distributed after death. 3. Nuncupative Will or noncupation An Oral Will that have at least two witnesses and meets specific statutory guidelines. 0 Restrictions to the oral will are that such will 8. Testatrix If the person making a will is a woman Heir Is a person called to succession either by the provision of a will by operation of law Testate Having made a valid will before one dies Intestate One who dies without a will Probate Is a special proceeding to establish the validit of a will. Probate is mandatory, which means that no will passes either real or personal property unless it is proved and allowed in a proper court Administrator One who administers the provision of the will TESTAMENTARY CAPACITY AND INTENT Following are the essentials of will to meet legal requirements: The testator must have the expressed intention of making a will. He must be of the right age. A person under 18years of age cannot make a will. He is required to be of sound mind and must be free from undue influence. 0 The testator shall name the person who will be in charge of carrying out the provisions of the will. Properties must be disposed of 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 be made during the person s last illness, that it be done in the place in which he died, that he asked one more witnesses to the will, that the will be put in writing within a given number of days, and that it be offered to: probate within a specified time. Terminologies: 1. Decedent Is a person whose property is transmitter through succession whether or not he left a will 2. Testator Is the deceased person who made a last will and testament 0 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. A married woman may make a will without the consent of her husband and without the authority of the court. THE NURSE’S OBLIGATIONS IN THE EXECUTION OF A WILL They should note the soundness of the patient's mind (that he/she understood the act of making a will) and that there was 0 freedom from fraud or undue influence (he/she was not induced to make someone the beneficiary of the will) and that the patient was above 18 years of age. He/she 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. FUNDAMENTAL REQUIREMENTS OF DUE PROCESS SEC 12. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him Any confession or admission obtained in violation of these or section 17 here of shall be inadmissible in evidence against him The law shall provide for penal or civil sanctions for violations of this sections as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. SEC 13 All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be baliable by sufficient sureties, or be released on recognizable as may be provided by law. The right to bail shall be impaired even when the privileged of the writ of habeas corpus is suspended. Excessive bail shall not be required. SEC 14 No person shall be held to answer for a criminal offense without due process of law In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved GIFTS Another way of disposing of property, aside from executing a will is by gifts. The gift must consist of personal property There must be an intention to make the gifts; There must be an indication of transfer of control over such property; and There must be acceptance by the recipient Gifts made by a person because of anticipation of death or belief in approaching death are called gifts causa mortis or donation causa mortis. LEGAL PROCEDURE AND TRIAL In a trial, the judicial procedure is to ascertain facts by hearing evidence, determine which facts are relevant, apply the appropriate principle of law, and pass judgment. COMMENCEMENT OF THE ACTION The first step in the trial process is to determine what kind of legal action to take. If the action relates to negligence, the correct action would be negligence; and if it related to contract, the proper action would be for breach of contract. STATUES OF LIMITATION Complaint must be made within a specific time or the right to complain may be lost forever. There is a time limit in filing cases because witnesses become less reliable after passage of time. Claims for negligence or malpractice vary from two (2) to three (3) years. In criminal cases, statutes of limitation vary from two (2) to six (6) years except in cases where murder 0 is committed in which there is no time limit. Each party presents a statement of facts or pleading to the court. First pleading is generally known as the complaint or petition. In less serious crimes known as misdemeanor these pleadings are called complaints while in crimes of more serious nature known as felonies, the pleadings are called indictments 0 PRE-TRIAL PROCEDURES This is an informal discussion between the judge and attorney to eliminate matters not judge and attorney to eliminate matters not PLEADING in dispute, agree on issues, and settle procedural matters relating to the trial. Cases are often settled at this point. TRIAL At the trial, facts of the case are determined, the principles of law relating to those facts are applied and a conclusion as to liability is reached. The judge determines the facts and applies the law. 0 WITNESS The necessity of testimony by any person in a legal 0 no alternative. The use of a telephone in a non-emergency as a substitute for the physician himself can lead to serious errors and may border on malpractice. Only in an extreme emergency and when no other resident or intern is available should a nurse receive telephone orders. The nurse should read back such an order to the physician to make certain the order has been correctly received and written on the patients' chart. Such order should be signed by the physician on his/her next visit within 24 hours. The nurse should sign the name of the physician on her own and note the time the order was received. Should any problem arise, the order should be referred back to the ordering physician. It is safer that when a telephone order is given, another resident physician or intern in the same service receive it since the latter can discuss with the former the actual condition of the patient. proceeding is determined by the attorneys for the parties. Subpoenaa court summons is served directing a witness to appear and give testimony on the date and time ordered. Subpoena duces tecum is served to a witness requiring him to bring records, papers, and the like which may be in his possession and which may help clarify the matter in issue. She should testify only on what she knows based on facts. This is called testimony of facts. Testimony of opinion may only be given by expert witnesses. An expert witness is one who is qualified to testify based on special knowledge, skill, experience, and training. She should neither hesitate to say she does not know, nor answer any question that might incriminate her. This is known as the privilege against self-incrimination. Dying declarations or ante-mortem statements are considered hearsay evidence except when made by a victim of a crime. CONSENT TO MEDICAL AND SURGICAL PROCEDURES Consent is defined as a “free and rational act that presupposes knowledge of the thing to which consent is being given by a person who is legally capable of giving consent.” The consent signed by the patient or his authorized representative/legal guardian upon admission is for the initial diagnosis and treatment. Nature of Consent Consent is an authorization, by a patient o person authorized by law to give the consent on the patient’s behalf, that changes touching, for example, from nonconsensual to consensual. Informed Consent Hayt and Hayt state that “it is an established principle of law that every human being of adult years and sound mind has the right to determine what shal be done with his own body. Essential Elements: the diagnosis and explanation of the condition APPEALS An appellate court reviews the case, and when the case is decided by it, the final judgment results and the matter is ended. EXECUTION OF JUDGMENT Generally, lawsuits against hospitals or physicians and nurses involve recovery of money damages. The defendant is compelled to execute the judgment. Failure to obey will be regarded as contempt of court and will result in fine or imprisonment. Doctors should limit telephone orders to extreme emergency situations where there is 0 0 A fair explanation of the procedures to be done and used and the consequences of A description of alternative treatments or procedures A description of the benefits to be expected Material rights if any the prognosis, if the recommended care, procedure, is refused Proof of consent A written consent should be signed to show that the procedure is the one consented to and that the person understands the nature of the procedure, the risks involved and the possible consequences. Who Must Consent? Ordinarily, the patient is the one who gives the consent in his own behalf. However, if he is incompetent (minors or mentally ill) or physically unable and is not an emergency case, consent must be taken from another who is authorized to give it in 0 his behalf. Consent of Minors Parents or someone standing in their CHARTING DONE BY NURSING STUDENTS When a nurse or a clinical instructor countersigns the charting of a nursing student, he/she attests that he/she has personal knowledge of information and that such is accurate and authentic. Anyone who countersigns without verification commits herself to possible legal risks. Criminal Liabilities and Legal Responsibilities of a Nurse 0 As Nurses starts to practice their profession, Nurses liability has increased. Assuming authority, responsibility, accountability for their professional practice, professional nurses increasingly are being subjected to scrutiny by Boards of Nursing Representing the law, the scope of nursing practice to protect the public welfare. Nurses are also increasingly being subjected to malpractice lawsuits. When nurses become defendants in legal actions, Other nurse serve as expert witnesses both for the defense (representing the practitioner) and the prosecution (representing the plaintiff). Expert witnesses testify to the standard of care required of the health care provider and whether it was met. Parents or someone standing in their behalf, Parental consent is not needed, however, if the minor is married or otherwise emancipated. Consent of Mentally ILL A mentally incompetent person cannot legally sign; consent must be taken from the parents or legal guardian. 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 has the right to refuse the touching of his body or to submit to a medical or surgical procedure no matter how necessary, nor the imminent danger to his life or health if he fails to submit to treatment. Consent for Sterilization The husband and the wife must consent to the procedure if the operation is primarily to accomplish sterilization. 0 0 For these reasons, professional nurses need basic knowledge of the legal aspects of nursing. Responsibility and Accountability for the practice of Professional Nursing Professional nurses undertake to practice their profession, they are held responsible and accountable for the quality of performance of their duties Once they are employed in any institution, or hospital are directly responsible to their immediate supervisors. Private duty nurses, being independent practitioners, are held to a standard of conduct that is expected of reasonably prudent nurses. A standard is the desired and achievable level of performance against which actual practice is compared. Standards serve as benchmark against which to plan, to implement and assess quality of services and to show that nursing is accountable to society, to consumers of nursing services and to governments as well Defects in the equipment such as stretchers and wheelchairs may lead to falls thus injuring the patients Administration of medicine w/o a doctor’ prescription Errors due to family assistance as to the profession of nursing and individual members, Venson, (2016). PROFESSIONAL NEGLIGENCE AND MALPRACTICE Standard Desired and achievable level of performance against which actual practice is compared. Serves as benchmark against which to plan, to implement and assess quality of services Intentional Wrongs Tortious acts that a nurse may be held liable which arise in performance of her duties Negligence Refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstances would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property. If a person charged with negligence shows that she meets or even surpasses this standard, then there is no negligence or carelessness. But if the defendant’s action fails to meet the standard, then there has been negligence. Civil Code, Article 19 One shall act with justice, give every man his due, and observe honesty and good faith. Civil Code, Article 20 3 conditions required to establish a defendant’s negligence Injury was of such nature that it would not normally occur unless there was a negligent act on the part of someone Injury was caused by an agency w/in control of the defendant Plaintiff himself did not engage in any manne that would tend to bring about the injury Example: A patient came in walking to the outpatient clinic for injection. Upon administering the injection tohis buttocks the patient experienced extreme pain. His leg felt weak and he was subsequently paralyzed. His sciatic nerve was injured. The presence of sponges in the patient’s abdomen after an operation. Fracture on a newly-delivered baby born by breech presentation. Elements of professional Negligence Existence of a duty Failure to meet the standard of due care Foreseeability of harm Injury to the plaintiff Examples of Negligence 0 Failure to report observations to attending Those who, in the performance of their obligations through negligence cause any injury to another are liable for damages. 0 DOCTRINE Of RES IPSA LOQUITUR “the thing speaks for itself” The injury could not have happened if someone was not negligent that no further proof is required. Example: forceps left inside the abdominal cavity after a TAHBSO procedure physicians Failure to exercise the degree of diligence which the circumstances of the particular case demands Mistaken identity Wrong medicine, wrong concentration, wrong route, wrong dose MALPRACTICE Improper or unskillful care of the patient by a nurse; also denotes stepping beyond one’s authority with serious consequences Term of negligence of professional personnel (Professional Negligence) 0 Used properly only when it refers to a negligent act committed in the course of LIABILITY FOR WORK OF NURSE TRAINEES AND NURSE VOLUNTEERS Nurses are responsible and accountable for their practice, nurse volunteers should 0 exercise utmost caution, critical thinking and independent judgment to prevent incurring liabilities which may be hard to get out of. professional performance Example: Giving of Anesthesia by a nurse or prescribing medicines. LIABILITY OF NURSES FOR THE WORK OF NURSING AIDES Nurses should not delegate their functions to nursing aides since the Philippine nursing act specifies the scope of nursing practice of professional nurses. Nurses are enjoined to supervise their subordinates and see to it that they perform only those which they have been taught to do and those which they are capable of doing. Nursing aids are responsible for their actions Nurses should not delegate their functions to nursing aides. Nursing aides perform selected nursing activities under the direct supervision of nurses. DOCTRINE OF FORCE MAJEURE An Irresistible force, one that is unforeseen or inevitable. Under the Civil Code of the Philippines, no person shall be responsible for those events which cannot be foreseen, or which, though foreseen, are inevitable, except in cases expressly specified by law Ex.floods, fire, earthquakes and accidents fall under this doctrine and nurses fail to render service during this circumstance are not held negligent. DOCTRINE OF RESPONDEAT SUPERIOR “Let the master answer for the acts of the subordinate.” The liability is expanded to include the master as well as the employee and not a shift of liability from the subordinate to the master Example: The hospital will be held liable, if, in an effort to cut down on expenses if decides to hire under board nurses or midwives in place of professional nurses, and these persons prove to be incompetent. The surgeon will be held responsible in case a laparotomy pack is left in a patient’s abdomen. Note: Private duty nurses, however, are considered independent contractors. They are liable for their own negligent actions. LIABILITY FOR THE WORK OF NURSING STUDENTS INCOMPETENCE Lack of ability, or legal qualifications and being unfit to discharge the required duty. It is a ground for the revocation and suspension of her certificate of registration. Ex. A nursing assistant giving IV medication to the patient. 0 0 RA 9173 –nursing students do not perform professional nursing duties. Nursing students should be under supervision of their clinical instructors. In order that the errors committed by nursing students will be avoided or minimized, the following measures should be taken: Nursing students should always be under supervision of their clinical instructors. They should be given assignments that are their level of training experience and competency. They should be advised to seek guidance if they are performing a procedure for the first time They should be oriented to the policies where they are assigned. Their performance should be assessed frequently to determine their strengths and weaknesses. Legal Defense in Negligence When Nurses know and attain the standard of care giving service and that they have documented the care they give. If the patient’s careless conduct contributes to his own injury. ADVOCACY Helping others grow and self-actualize by informing them of their rights and ascertaining that they have the right information on which to base their decisions. The Code of Ethics for Registered Nurses, Sec. 8and Sec. 9 Guidelines to be Observed: 1. Registered nurses are the advocates of the patients. 0 2. Nurses should be able to advocate for themselves and the profession. 0 In the administration of intravenous injections, special training shall be required according to protocol established”. Basis of nurse’s legal right to give IV injection Board of nursing resolution no. 8 states that any registered nurse without such training and who administers IV injections to patients should be held liable, either criminally or administratively or both. SCOPE OF DUTIES AND RESPONSIBILITIES IN INTRAVENOUS THERAPY 1. Interpretation of the doctor’s orders for intravenous therapy 2. Performance of venipuncture, insertion of needles, cannulas except TPN and cut down 3. Preparation, administration, monitoring and termination of intravenous solution such as additives, intravenous medications, and MEDICAL ORDERS, DRUGS, AND MEDICATIONS RA 6675 Only validly registered medical, dental and veterinary practitioners, whether in private institutions, corporations or in the government, are authorized to prescribe drugs. Requires that the drug be written in their generic names. Only when these orders are legal writing and bear the doctor’s signature thus the nurse has the legal right to follow them. The nurse must not execute an order if she is reasonably certain it will result in harm to the patient. 4. 5. 6. 7. 8. 9. 10. PHARMACY ACTRA 5921 All prescriptions must contain the following information: Name of the prescriber Office address Professional registration number Professional tax receipt number Patient’s/client’s name, age,sex Date of prescription 11. intravenous push Administration of blood/blood products as ordered by physicians Recognition of solution and medicine incompatibilities Maintenance and replacement of sites, tubing’s, dressings in accordance with established procedures Establishment of flow rate of solutions, medicines, blood and blood components Utilization of thorough knowledge and proficient technical ability in the use/care, maintenance, and evaluation of intravenous equipment Nursing management of TPN, outpatient intravenous care Maintenance of established infection control and aseptic nursing interventions Maintenance of appropriate documentation associated with the preparation, administration and termination of all forms of intravenous the therapy TELEPHONE ORDERS INTRAVENOUS THERAPY AND LEGAL IMPLICATIONS Philippine nursing act of 1991 section 28 “ 0 0 Only in an extreme emergency and when no other resident or intern is available should a nurse receive telephone orders The nurse should read back such an order to the physician to make certain the order has been correctly written Such an order should be signed by the physician on his next visit within 24 hours. MEDICAL RECORDS Supplies rich material for medical and nursing research Serves as a legal protection for the hospital, doctor, and nurse by reflecting the disease or condition of the patient and his management. ” if it was not charted, it was not observed or done”. Nurses are expected to record fully, accurately, legibly and promptly their observations from admission to the time of the patient’s discharge. Nurses are legally and ethically bound to protect the patient’s chart from unauthorized persons CHARTING DONE BY STUDENT NURSES When a nurse or clinical instructor counter signs the charting of the nursing student, he/she has personal knowledge of information and that such is accurate and authentic. Anyone who countersigns without verification commits herself to possible legal risks. CRIMES AFFECTING NURSING PRACTICE/ REGISTERED NURSES TORT 0 A tort is a legal wrong, committed against a person or property independent of a contract 0 Unjustifiable detention of a person without legal warrant within boundaries fixed by the defendant by an act or violation of duty intended to result in such confinement. Ex. Patient insists on leaving the hospital, probable consequences of their action explained by the doctor or medical staff, he is still allowed to go home against medical advice In order not to be charged with false imprisonment However, if patient has a communicable disease, hospital cannot be charged with false imprisonment in order to protect th public. d. Invasion of Right to Privacy and Breach of Confidentiality The right to be left alone, right to be free of unwanted publicity and exposure to public view Privacy relates to a person or identity. Example: curtains are used during bed bath procedure to provide privacy of the patient Confidentiality relates to data or information about an individual. Example: patient’s charts are not shared with nurses who have not have direct involvement in the care of the patient. e. Defamation Character assassination, be it written or spoken. Slander –oral or spoken defamation Slander oral or spoken defamation Libel –written defamation (cartoon characters, words written or essay). There must be a third person who hears or reads the comment. There must be a third person who hears or reads the comment. which renders the person who commits it liable for damages in a civil action Examples a. Assault Imminent threat of a harmful or offensive bodily contact. Verbal threat Ex: A nurse threatens a geriatric patient when he will take his medications CRIMES, MISDEMEANORS, AND FELONIES Crime b. Battery Intentional, unconsented touching of another person. Ex. When the patient refuses the IM injection of medication but the nurses give it anyway, he can be charged with battery c. False Imprisonment or Illegal Detention 0 Defined as an act committed or omitted in violation of the law It has 2 elements: (1) criminal act and (2) evil or criminal intent Conspiracy to commit a crime Conspiracy to commit a crime exists when 2 or more persons agree to commit a crime or 0 felony and decide to do it. They can be classified as Principal Has committed a direct part in the execution of the act. He/she directly force or induce others to commit the act. Considered as the mastermind of the crime: principal by inducement Accomplices Cooperates in the execution of the offense by previous or simultaneous act and has knowledge of the criminal intention of the principal Criminal Intent State of mind of a person at the time of the criminal act is committed. The person is aware that the act is unlawful but commits i anyway. Deliberate intent includes two elements without which can be no crime. These are freedom and intelligence. Classified according to the degree of the acts of execution a. Consummated When all the elements necessary for its execution and accomplishment are present. Ex. The nurse wanted to commit euthanasia and had given an overdose of morphine that leads to patient’s deathb. b. Frustrated When the offender performs all the acts or execution which will produce the felony as a consequence but which nevertheless, do not produce it by reason of causes independent o the will of the perpetrator. Ex. Nurse was hired to give poison to a geriatric patient by a relative for inheritance. However, the patient was revived after the poison was given. c. Attempted When the offender commences the commission of the same directly by overt (open or manifest) acts due to unforeseen circumstances there was no complete execution to produce the desired felony. Ex. Respiratory Physiotherapist planned to poison a geriatric patient with an overdose of inhaled anesthetic but due to lack of available supply, the patient was only kept drowsy and not comatose or dead. Accessory Have knowledge of the commission of the crime Take part subsequent to its commission by profiting themselves or assisting the offender to profit from the effects of the crime Provides exit strategy Criminal Actions Deals with acts or offenses against public welfare. These vary from minor offenses and misdemeanors to felonies. Misdemeanor Is a general name for a criminal offense which does not in law amount to felony? Punishment is usually fine or imprisonment in term of less than one year Felony Public offense for which a 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 exists when the act is performed with deliberate intent and there is fault when the wrongful acts result from imprudence, negligence, or lack of skill or foresight. Criminal Negligence may be classified into: Reckless Imprudence when a person does an act or fails to do it voluntarily but without malice, from which material damage results immediately. 0 Simple Imprudence the person or nurse did not use precaution and the damage was not However, when the person offers evidence of insanity, necessity, compulsion or accident or infancy, the court will decide if he is not guilty of the criminal offense. 0 Felonies classified according to the degree of punishment a. Grave felonies not use precaution and the damage was not immediate or the impending danger was not evident or manifested immediately. ranging from 6 years and 1 day to life imprisonment or fine not exceeding php6,000.00. b. Less Grave felonies Law punishes with penalties which in their maximum period are correctional. Imprisonment from one month and one day to six years Fine not exceeding php 6,000.00 0 c. Light felonies Those infractions of law for the commission of 0 those to which the law attaches the capital punishment (death) or penalties which in any of their periods are afflictive imprisonment requisites mentioned in the first circumstance and that the person defending is not included by revenge, resentment or other evil motives c. When any person who, in order to avoid an evil or injury, does not an act which causes damage to another provided that the evil sought to be avoided actually exists, the injury feared is greater that done to avoid it and there is no other practical and less harmful means to prevent it. d. Fulfillment of a duty or lawful exercise of right or office, Ex: police officers shooting a drug addict to defend oneself from getting shot back 2. Exempting circumstances The following persons may be exempted from the crime they have committed: Imbecile or insane person, unless the latter has acted during a lucid interval. Person less than 9 years ‘old Person over 9 years of age and under fifteen unless he/she acted with discernment Any person while performing a lawful act with due care he/she causes merely an accident without fault or intention or causing it Any person under compulsion of an irresistible force Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury Any person who fails to perform an act required by law when prevented by some lawful or insuperable cause. 3. Mitigating circumstances Those which do not constitute justification or excuse of the offense in question, but which in fairness and mercy, may be considered as extenuating degree of moral culpability. The following are some of the circumstances considered by law to be mitigating and Lessen the criminal liability of the offenders. When the offender has no intention to commit so grave a wrong as the one committed When the offender is under eighteen years of age or over seventy years old. which the penalty of arresto menor Imprisonment for one day to 3o days or a Fine not exceeding php200.00. Light felonies are punishable only when they have been consummated, with the exception of those committed against a person or property. Criminal Liability Nurse may incur criminal liability or subject herself to criminal prosecution either by committing a felony or by performing an act which would be an offense against person or property. Ignorance of the law is not an excuse for failure to comply therewith. Violators of the criminal law cannot escape punishment on the ground of ignorance of the law. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 1. Justifying circumstances as a person may not incur criminal liability under the following circumstances: When he/she acts in defense of his/her person or rights provided that: a. There is an unlawful aggression on the part of the offended or injured party; b. There is reasonable necessity for the means employed by the person defending himself/herself to prevent such aggression. There is lack of sufficient provocation on the part of the person defending himself. a. When he/she acts in defense of the person or the rights of his/her spouse, ascendants, descendants, or legitimate or natural or adopted brothers or sisters, or relatives b. When he/she acts in defense of the person or rights of a stranger provided that the first circumstances and second 0 0 When sufficient provocation or threat on the part of the offended party immediately precedes the act. Act is committed in the immediate vindication of grave offense to the one committing the felony, his/her spouse, ascendants, legitimate, natural or adopted brothers or sisters, or relative by affinity within the same degree. Offender voluntarily surrenders himself to a person in authority or authority Defender is deaf and dumb, blind or otherwise suffering from some physical defects which does restricts his/her means of actions, defense Or communication with fellow beings. Suffering from such illness as would diminish the exercise of his/her will power without, depriving him/her consciousness of his/her acts Note: Lack of education is not mitigating in: a. Rape b. Forcible abduction 0 c. Arson. d. Treason 0 When craft, fraud or disguise was employed When the wrong done in the commission of the crime is deliberate augmented by causing other wrongs no necessary for its commission. 5. Alternative circumstances Taken into consideration as aggravating or mitigating according to the nature and effect of the crime and other conditions attending t its commission Relationship is aggravating in physical injuries inflicted by a descendant upon as ascendant. It is mitigating when an accused aided his/he brother in the fight against the offended part Intoxication of the offender as mitigating when the offender committed the felony in a state of intoxication. When intoxication is habitual or intentional, i can be an aggravating circumstance. Illiteracy is mitigating if there is lack of sufficient intelligence and knowledge of the full significance of one’s act. Lack of education is not mitigating in: rape, e. In crimes against chastity like seduction and acts of lasciviousness f. Those acts committed in a merciless or heinous manner 4. Aggravating circumstances Attending the commission of crime and which increase the criminal liability of the offender or make his guilt or more severe. The following are Some of the circumstances that consider the law as aggravating When the offender takes advantage of his public position. Crime is committed in place of worship Act is committed with evident premeditation or after an unlawful entry Act committed with abuse or confidence or obvious ungratefulness When the crime committed in consideration of a price, reward, or promise Crime is committed on occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune 0 force abduction, arson, treason, crimes against chastity like seduction and acts of lasciviousness and acts committed in merciless or heinous manner MORAL TURPITUDE act of baseness, vileness or depravity in socia or public duties which a man owes to his fellow man or to society in general. It is contrary to the accepted and customary right and duty between men. MURDER unlawful killing of a human being with intent to kill. Ex. Euthanasia and abortion HOMICIDE 0 killing of a human being by another. It may b committed without criminal intent by any person who kills another other than his father, mother, child or ascendants or descents, spouse without any of the circumstances attendant the crime of murder being present. birth, prison mayor and a fine not exceeding one thousand pesos. ABORTION expulsion of a product of conception before the age of viability. In law, any person with the intention of prematurely ending a pregnancy willfully or unlawfully does any act to cause the same is guilty of procuring abortion. Things to remember in order to avoid criminal liability 1. Be very familiar with the Philippine nursing law. 2. Beware of laws that affecting nursing practice 3. At the start of employment, get a copy of you job description, the agency’s rules, regulation and policies. 4. Upgrade your skills and competence 5. Accept only such responsibility that is within the scope of your employment and your job description. 6. Do not delegate your responsibilities to others. 7. Determine whether your subordinates are competent in the work you are assigning them. 8. Develop good interpersonal relationships with your co-workers, whether they be your supervisors, peers or subordinates. 9. Consult your superior for problems that may be too big for you to handle. 10. Verify orders that are not clear to you or those that seem to be erroneous. 11. The doctors should be informed about the patient's conditions. 12. Keep in mind the values and necessity of keeping accurate and adequate records 13. Patients are entitled to an informed consent. INFANTICIDE killing of child less than 3 days of age. The mother who commits this crime shall suffer penalty of imprisonment ranging from 2 years, four months and one day to 6 years. PARRICIDE crime committed when one kills his/her father, mother or child whether legitimate or illegitimate, his/her ascendants or descendants or his spouse. A person convicted shall be imposed of penalty for life imprisonment (reclusion perpetua) to death. ROBBERY crime against person or property of taking personal property of another person. Ex. Nurse takes patient’s cash or jewelry while patient is sleeping. CONTROLLED SUBSTANCES RA 6425 (Dangerous Drugs Act of 1972) covers administration and regulation of manufacture, distribution and dispensing of controlled drugs. Authorized persons to prescribe or dispense these drugs require to register and have special license for this purpose. Controlled drugs are kept in locked cabinets and are documented and counted0 every shift RA 9173 Philippine Nursing Act of 2002 0 Composed of 9 articles and 41 sections Article I –S1. Title “Philippine Nursing Act of 2002” A II –S2. Declaration of the Policy AIII–S3. Organization of the Board of Nursing Composed of a chairperson and 6 members SIMULATION OF BIRTH, SUBSTITUTION OF ONE CHILD FOR ANOTHER OR ABANDONMENT OF LEGITIMATE CHILD Simulation of birth –one who enters in a birth certificate a birth that did not occur. It is a crime against the civil status of a person. Substitution of one child for another or concealing or abandoning any legitimate child with intent to cause such a child his/her civil status shall be punishable for simulation by c. Be a registered nurse and holder of a master's degree in nursing, education or 0 S4. Qualifications of the chairperson & members of the board a. Be a natural born citizen and resident of the Philippines; b. Be a member of good standing of the accredited professional organization of nurses; 0 b. Issue, suspend or revoke certificates of registration for the practice of nursing; other allied medical profession conferred by a college or university duly recognized by the Government: Provided, That the majority of the members of the Board shall be holders of a master's degree in nursing: Provided, further, That the Chairperson shall be a holder of a master's degree in nursing d. Have at least ten (10) years of continuous practice of the profession prior to appointment: Provided, however, That the last five (5) years of which shall be in the Philippines; and e. Not have been convicted of any offense involving moral turpitude; Provided, That the membership to the Board shall represent the three (3) areas of nursing, namely: nursing education, nursing service and community health nursing. S5. Requirements Upon Qualification as Member of the Board of Nursing Any person appointed as Chairperson or Member of the Board shall immediately resign from his/her work. S6. Term of Office c. Monitor and enforce quality standards o 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 th Board; e. Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and unprofessional conduct and violations of this Act f. Promulgate a Code of Ethics g. Recognize nursing specialty organization 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. S10. 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. S11. Removal or Suspension of Board Members The president may remove or suspend any member of the Board on the following grounds; a. Continued neglect of duty or incompetence; 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. S7. Compensation of the Board Members They shall receive compensation and allowances comparable to the compensation and allowances received by the Chairperson and members of other professional regulatory boards. S8.Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services Commission (PRC) S9. 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 0 0 S19. Registration by Reciprocity b. Commission or toleration of irregularities in the licensure examination; and c. Unprofessional immoral or dishonourable conduct. Article IV. Examination & Registration S12.Licensure Examination Written examination S13. Qualifications for Admission to the Licensure Examination a. 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 0 such country: Provided, That the requirements for the registration or licensing A certificate of registration/professional license may be issued without examination to nurses registered under the laws of a foreign state or country: Provided, That the requirements for registration or licensing of nurses in said country are substantially the same as those prescribed under this Act: Provided, further, That the laws of such state or country grant the same privileges to registered nurses of th Philippines on the same basis as the subjects or citizens of such foreign state or country. S21. Practice through Special/ Temporary Permit a. Licensed nurses from foreign countries/ state whose service are either for a fee or free if 0 of nurses in said country are substantially the same as those prescribed in this Act; b. good moral character c. 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. S14. Scope of Examination 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 S15. Ratings An examinee must obtain a general average of at least 75% with a rating of not below 60% in any subject. An examinee who obtains an average rating 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 (75%) in the subject or subjects repeated. S16. Oath S17. Issuance of Certificate of Registration / Professional License and Professional Identification Card. A certificate of registration/professional license as a nurse shall be issued to an applicant who passes the examination upon payment of the prescribed fees S18. Fees for Examination and Registration 0 they are internationally well-known specialist or outstanding experts in any branch or specialty of nursing; b. Licensed nurses from foreign countries/states on medical mission whose services shall be free in a particular hospital, center or clinic; and c. Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange professors in a branch or specialty of nursing; Provided, however, That the special/temporary permit shall be effective only for the duration of the project, medical mission or employment contract S22. Non-registration and Non-issuance of Certificates of Registration/ Professional License or Special/ Temporary Permit. No person convicted by final judgment of any criminal offense involving moral turpitude or any person guilty of immoral or dishonorable conduct or any person declared by the court to be of unsound mind shall be registered and be issued a certificate of registration/professional license or a special/temporary permit. S23. Revocation and suspension of Certificate of Registration/ Professional License and Cancellation of Special/ Temporary Permit a. For any of the causes mentioned in the preceding section; b. For unprofessional and unethical conduct; c. For gross incompetence or serious ignorance; 0 d. For malpractice or negligence in the practice of nursing; e. For the use of fraud, deceit, or false statements in obtaining a certificate of registration/professional license or a temporary/special permit f. For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance of the temporarily/special permit; or g. For practicing his/her profession during his/her suspension from such practice; provided, however, that the suspension of the certificate of registration/professional license shall be for a period not to exceed four (4) years. S24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates 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 0 registration/professional license d. Be a holder of a master's degree in nursing, education, or other allied medical and health sciences In addition to the aforementioned qualifications, the dean of a college must hav a master's degree in nursing. He/she must have at least five (5) years of experience in nursing. 0 Article VI. Practice S28. Scope of Nursing It shall be the duty of the nurse to: Provide nursing care through the utilization of the nursing process. Nursing care includes: a. 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; Article V. Nursing Education S25. Nursing Education Program The nursing education program shall provide sound general and professional foundation for the practice of nursing. S26. 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. S27. Qualifications of the Faculty 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 0 0 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 competenc by continual learning through continuing professional education to be provided by the ARTICLE VII. Health Human Resources Production, Utilization and Development 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. S30. Studies for Nursing Manpower Needs, Production, Utilization and Development S31. Comprehensive Nursing Specialty Program S29. Qualification of Nursing Service Administrators. -A person occupying supervisory or managerial positions requiring knowledge of nursing must: a. Be a registered nurse in the Philippines; b. Have at least two (2) years’ experience in general nursing service administration; c. Possess a degree of Bachelors of Science in Nursing, with at least nine (9) units in management and administration courses at the graduate level; and d. Be a member of good standing of the accredited professional organization of nurses; Provided, That a person occupying the position of chief nurse or director of nursing service shall, in addition to the foregoing qualifications, possess: 1. At least five (5) years of experience in a supervisory or managerial position in nursing; and 2. A master's degree major in nursing; 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 0 completion of the General Staff S32. Salary 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, "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. S33. Funding for the Comprehensive Nursing Specialty Program S34.Incentives and Benefits 0 Article VIII Penal and Miscellaneous Provisions S35. Prohibitions in the Practice of Nursing A fine of not less than (P50,000.00) nor more than (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 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 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. 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 0 5. who falsely poses or advertises as a registered and licensed nurse or registration/professional license, a suspended or revoked certificate of registration/professional license, or an expired or cancelled special/temporary permits; or 0 Essential drug list–list of drugs prepared by DOH on the basis of health conditions in the Philippines as well as internationally accepted criteria. RA 9165 –COMPREHENSIVE DANGEROUS DRUG ACT OF 2002(repealing RA 6425) Prohibited acts: Sell, administer, deliver or distribution 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 coferred 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 Other Laws Affecting Nursing Profession and the Nurse REPUBLIC ACT–an act passed by the Congress of the Philippines. RA 6675-GENERIC DRUG ACT OF 1988 Generic name–identification of drugs with scientifically and internationally recognized active ingredient. Brand name –propriety name given by manufacturer 0 0 and transport of prohibited drugs Importation of prohibited drugs Den or drive Employees or visitors of dens Manufacture Use and possession Culture of plants RA 6425 –DANGEROUS DRUG ACT Provision of S2-codefor selected doctors who can prescribe narcotic drugs RA 7877 –ANTI-SEXUAL HARASSMENT LAW Authority, influence or moral ascendancy over another demands, requests or requires any sexual favors. Work related Education related Training related RA 7610 –Anti Child Abuse RA 7658 –An Act Prohibiting the Employment of Children below 15 years of age RA 9262 –ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN RA 8172 –Salt Iodization Law RA 3573 –An Act Providing for the Prevention and Suppression of Dangerous Communicable Diseases RA 7432 –Senior Citizen Act RA 8423 –Established the traditional and alternative health care RA 8344 –An act penalizing the refusal of Hospitals and medical Clinics to administer appropriate initial treatment and support in emergency cases RA 7305 –MAGNA CARTA OF PUBLIC HEALTH WORKERS Has provisions on the benefits, rights an responsibilities of public health workers Entitlement and protection: Discrimination is prohibited Understaffing and overstaffing not allowed Due process observed Normal hours of work, overtime pay, night shift dif, salary scale Payment of salaries in legal tender Hazard allowance Right to self-organization RA 8749 –PHILIPPINES CLEAN AIR ACT OF 1999 RA 6173 –CODE OF CONDUCT AND moduleSTANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES RA 7160 –LOCAL GOVERNMENT CODE RA 2644 –PHILIPPINES MIDWIFERY ACT RA 2382 –PRACTICE OF MEDICINE BY A NURSE RA 7600 –ROOMING IN AND BREASTFEEDING ACT OF 2002 RA 7164 -Philippine Nursing Act of 1991 RA 9173-Philippine Nursing Act of 2002 RA 1080 -Civil Service Eligibility for those who passed board and bar exams 0 RA 2328 -Philippine Medical Act RA 1612 -Privilege Tax Law -professional tax PRESIDENTIAL DECREE–an order of the president in his capacity to act as legislator. PD 603 –CHILD AND YOUTH WELFARE CODE Highlights the role of the nurse which include: Registration of births Child’s health Freedom of expression Child’s inherent right to life Basic health service It includes the rights and duties of parents over their children. Parental authority Joint Grandparents Eldest brother or sister Nearest next of kin 0 RA 9439 –Hospital Detention Law RA 8187-granting 7 days paternity leave RA 8171-Prevention & Control of Diabetes Mellitus Act Public Act 2808-The first True Nursing Law RA 1612 Privilege Tax Law professional tax payment RA 5181 -Permanent residence and Reciprocity RA 1082 -Rural Health Units all over the Philippines RA 4073 -Liberalizes leprosy treatment RA 1054 -Free emergency medical treatments to employees and laborers RA 4226 -Hospital Licensure Act RA 5901 -40 hours/week for nurses in with 100-bed capacity... RA 3573 -Reporting of Communicable Diseases RA 6111 -Medicare Act RA 6713 -Code of Conduct and Ethical Standards for Public Officials/Employees RA 6758 -Salary Standardization Law RA 7277 -Magna Carta of Disabled Persons RA 7624 -Drug Education Law RA 6972 -Day Care Center for every barangay RA 7170 -Organ Donation RA 349 -Legalized use of human organs for scientific purposes RA 9505-Cheaper medicines Act RA 877 (1953) –Philippine Nursing Law RA 8991-PRC modernization Act of 2000 0 0 Guardian appointed by the court PD 651 –Requires immediate registration of birth within 30 days PD 996 –Provided for compulsory basic immunization for infants and children below 8 years old PD 856 –Code of Sanitation PD 825 –Garbage Disposal Act PD 418 –FAMILY CODE Promote the concept of family responsible parenthood and family planning. PD 626 –EMPLOYEE COMPENSATION AND STATE INSURANCE FUND Injury/ death that are work related are compensable. PD 807 –CIVIL SERVICE LAW Provides for recruitment and selection of employees in government service. PD 442 –LABOR CODE OF THE PHILIPPINES Provides for the rights, benefits and privileges of employees in the private sector. Vacation leave, sick leave, nsd-10%, overtime pay, Right of women workers Right to self-organization MODULE 5 PD 223 -Professional Regulation Commission (PRC) Creation of Board of Nursing Professional Regulation Commission has the power to recommend nominee members of the board to the President of the Republic, June 22, 1973 PD 143 -Woman and Child Labor Law (no child below 14 shall be employed) PD 69 -Four children for tax exemption PD 541 -Practice of profession in the Philippines by former professionals PD 48 -Four children for maternity privilege PD 965 -Family Planning and Responsible Parenthood PD 1519 -Medicare Benefits for all government employees PD 1636 -Compulsory membership to SSS of self-employed persons EXECUTIVE ORDER An order issued by the executive department in order to implement a constitutional or a statutory provision. EO 51 –Milk Code EO 209 –Family Code Models and Theories of Communication EO 203 –List of Regular Holidays and Special days EO 180 –Guidelines on the right to organize of Government Employees EO 857 -Compulsory Dollar Remittance Law EO -174 -National Drug Policy (availability, affordability or safe, effective, quality drugs) Board Resolutions No. 633 series of 1984 -ICN Code of 0 Ethics 0 The Transmission Model of Communication describes communication as a linear, one-way process in which a sender intentionally transmits a message to a receiver (Ellis & McClintock, 1990). The communication encounter us viewed more as a target or end point rather than a part of an ongoing process. In this model, the receiver either successfully receives and understands the message or not. The sender is expected to ensure the message is successfully conveyed The Interaction Model of Communication describes communication as a process in which participants alternate positions as sende and receiver and generate meaning by sending messages and receiving feedback within physical and psychological contexts (Schramm, 1997) In this model, feedback which includes messages sent in response to other messages, is included and makes communication a more interactive, twoway process. The Transactional Model of Communication describes communication as not an exchange of messages, but also as a way to create relationships, form intercultural alliances, shape our self-concepts, and engage with others in dialogue to create No. 1955 s. 1989 -PNA Code of Ethics No. 1930s. 1985-CPE for Nurses No. 187 s. 1991 -Renewal of Professional license No. 217s. 1992 -Delisting of delinquent professionals Letters of Instructions LOI 949 -Legal Basis of Primary Health Care LOI 100 -Preference given to members of accredited professional organization for employment and seminars 0 0 communities. In this model, participants are not just senders and receivers, but termed communicators and are simultaneously senders and receivers. Peplau’s Theory of Interpersonal Relations. Hildegard Peplau defined nursing as an “interpersonal, therapeutic process that takes place when professionals, specifically educated to be nurses, engage in therapeutic relationships with people who are in need of health services.” She posited that nurse-patient relationships must pass through three phases in order to be successful: (a) orientation phase, (b) identification, (c) exploitation, and (d) resolution. Orientation Phase – Starts with the definitions of the problem. The nurse’s assessment of the patient’s health and situation is vital in this phase. The patient seeks assistance, tells the burse what he or she needs, asks questions, and shares preconceptions and expectations based on past experiences. Identification phase – Includes the selection of the appropriate assistance by a professional. The patient begins to feel as if he or she belongs, and feels capable with dealing with the problem which decreases the feeling of helplessness and hopelessness. The development of a nursing care plan is performed in this phase. Exploitation Phase – Utilizes professional assistance for problem-solving alternatives. When communicating with the patient, the nurse should use the interview techniques to explore, understand, and adequately deal with the underlying problem. This phase is the implementation of the nursing care plan. Resolution Phase – This is the termination of the professional relationship after the patient’s needs have been met through the collaboration of patient and nurse. This is the evaluation of the nursing process. regimens effectively. For this reason, they utilize healthcare facilities more frequently and have higher mortality rates. Cultural Diversity – Culture affects communication in how the content is conveyed, emphasized, and understood Cultural Competence – This affects the way\y healthcare providers interact with each other and with the populations they service. To practice, cultural competence, healthcare professionals need to recognize and relate how culture is reflected in each other and in the individuals with whom they interfere. Interprofessional Communication Education of Healthcare Providers – Challenges may also occur when communicating with professionals in other disciplines and may include use of concepts and terminology common to once specific discipline but not well understood by members of other professions. These may affect another professional’s understanding of the meaning or value of the situation. Written Communication within the Organization Barriers to Communication Among Health-Care Providers and HealthCare Recipients Schwarts, Lowe, & Sinclair (2010) identified many challenges that impede communication in healthcare setting. These include low health literacy, cultural diversity, cultural competence of healthcare provider, and lack of interpersonal communication education of providers. Low Health Literacy – individuals who lack the skills necessary to acquire and use healthcare information are less likely to manage their0 chronic conditions and/or medication 0 1. Memo Writing The written communication used most by managers in their daily work life is the memo Perkins and Brizee (2013) suggest that business memos have a twofold purpose: They bring attention to problems and they solve problems. Business memos, according to Perkins and Brizee (2013) suggest that business memos should be composed of the following components: Header (includes the to, from, date, and subject lines): one eighth of the memo Opening, context, and task (includes the purpose of the memo, the context and problem, and the specific assignment or task): one fourth of the memo Summary, discussion segment (the details that support your ideas or plan): one half of the memo Closing segment, necessary attachment (the action that you want your reader to take and a notation about what attachments are included): one eighth o the memo. refer to meeting minutes to make future decisions about how to move forward with decisions or new projects. In addition, because writing is a learned skill that improves with practice, Writing Help Central, suggests the following in writing professional correspondence: Keep your message short and concise. Less than once page is always preferred. Use bullets to highlight key points. Use the first paragraph to express the context or purpose of the memo and to introduce the problem. In the next paragraphs, address what has been done or needs to be done to address the 0 problem at hand. Add a conclusion to summarize the Steps on How to Record Meeting Minutes 0 1. Plan and outline. The secretary or whoever will be recording the minutes should meet wi the chairperson before the meeting begins to decide on an agenda for the meeting to keep meeting minutes organized and easy to record. 2. Record taking at the meeting. Take detailed notes for each agenda item which include: Decision made Actions taken or agreed to be taken Next steps moving forward Voting outcomes including who made the motion and how each member voted Any motions that were rejected Items to be held over New business The date and time of the next meeting Ask for clarification if necessary to ensure that the notes are accurate. 3. Writing the minutes. Using the detailed notes the recorder will then write the final draft of the meeting minutes. The recorder should do this as soon as possible. Many corporations use a standard template that includes the following information: Opening – Meeting title, location, time, and date Present members – Include full names and titles Absent members – Include full names and titles Approval of the agenda – Should indicate if the agenda was approved and distributed Approval of the previous minutes – Should indicate of the previous minutes were approves and distributed Business from previous meeting – Summary of the business that was discussed in the previous meeting memo, to clarify what the reader is expected to do, and to address any attachments that are a part of the memo. Focus on the recipient’s needs. Make sure that your communication addresses the recipient’s expectations and what he or she needs to know. Use simple language so that the message is clear. Keep paragraphs to less than three or four sentences. Review the message and revise as needed. Always reread the written communication before sending it. Look for areas that might be misunderstood. Pay attention to tone. Use spelling and grammar checks to be sure that the communication looks professional. Remember that your document is a direct reflection of you, and even the most important message will likely be ignored if the communication is perceived as unprofessional. 2. Meeting minutes are notes or records, usually taken by the secretary that contains the details of what transpired in a meeting, the issues that were discussed, motions proposed, and any votes taken. If a member did not attend a corporate meeting, they can refer to the meeting notes to find out any important information they have missed (contractscounsel.com). Purpose of Meeting Minutes are used to capture important details in a meeting. Boards will often 0 0 New business – Summary of each agenda item discussed at the current meeting. This should include a description of the action, rational behind the decision, and major arguments for or against the action Additions to the agenda – Any additional motions that were not listed on the next meeting agenda Agenda for the next meeting – Topics to be discussed at the next meeting Adjournment – Time the meeting ended and date and time of the next meeting 4. Submission and approval. The meeting minutes must include the name of the person who made the minutes and the name of the person who approved it. The chairperson usually reviews and approves the minutes for circulation. 5. Distribution of meeting minutes. It is usually the responsibility of the secretary to distribute the meeting minutes to the members. 0 Reports in Nursing 0 those that still have to be done, observations about the patient’s family as these relate to his/her problems, effects of nursing and medical measures, priorities which the incoming shift nurses must attend to, and instructions for procedures that must be done. Any information that may alarm the patient and/or his/her family is reported out of hearing. The report is given in a low voice to prevent others from hearing. Change-ofshift reports should be done quickly and efficiently. b. Audio-tape Report – This is made by the outgoing nurse and is relayed by the incoming nurse. The disadvantage of this report is that immediate answers cannot be provided if any problems arise unlike in oral reports or those made during nursing rounds which can permi immediate feedback when needed. c. Nursing rounds – These are made at the patient’s bedside. The patient’s care plan is discussed. This enables the patient and his family to participate in the discussion, pose questions or seek clarifications. At the same time, the nurse can perform an additional and needed assessment, evaluate the patient’s progress and determine the interventions tha best meet his/her needs. According to Venzon, reports are oral, taped or written exchanges of information between nurses and/pr members of the health team. These include change-of-shift reports, telephone orders and reports, and transfer reports. Telephone Reports Nurses should only receive telephone orders only in extreme emergency and when there is no other resident or medical intern is available. The nurse should read back the order to the physicians to make sure that the order received is correct. The order mus be signed by the ordering physician once he/she returns to the hospital. The nurse should note the date and time when the order was made , when he/she wrote the order, the name of the physician making the order, then sign his/her own name, including designation. Change-of-Shift Reports. This is a system of communication aimed at transferring essential information and holistic care for patients. Its purpose is to provide continuity of patient care for 24 hours. It may be given orally, by audio tape recording, or at the bedside during nursing rounds. Oral reports are initially given at the nurses’ station or conference room with nurses from both shifts attending. a. Oral Report – Prior to the nursing rounds, a pre-conference is made at the nurses’ station or conference room. Essential information includes the patient’s name, their medical diagnosis, nursing diagnosis and related causes, diagnostic measures completed and 0 Transfer Reports The transfer report accompanies the patient and contains information that the receiving nurse needs t know for continuity of care. This includes a summary 0 4. Determine the date, time, and location for the meeting, and invite attendees. To maximize meeting attendance, ask attendees what date and time would work with their schedules. 5. Create the meeting agenda. It should contain the following components: Title of the group meeting Date, time, and location of the meeting Purpose(s) for the meeting in sentence form Agenda items, time allotted for each item, and person responsible for reporting on each item. 6. Send the meeting agenda out at least 1 week before the meeting so that attendees come prepared. Send a meeting reminder 2 days before the meeting. of the medical progress up to the time of transfer and is usually made by a physician, current health status, current nursing diagnosis or health problems and care plan, or critical assessments or interventions to be completed after transfer and the special equipment necessary. An oral report is usually made by the accompanying nurse so that additional information can be made or clarified. The patient’s chart also accompanies the patient together with the transfer report. A post-operative patient transferred back to his original unit after surgery will need a transfer report from the Recovery Room if he stayed there. The transfer report will show a progression of reports from the Operating Room to the Recovery Room until the time of transfer. It will include the kind of surgery the patient underwent, the kind of anesthesia used, the medications received by the patient both in the Operating and Recovery Rooms, his or her general condition while in these units, condition on transfer, continuing medications, and treatment, and assessments to be done. During the Meeting 1. Ensure that the participants’ comfort needs are met by arranging the seating in an oval or circular shape and preferably around a table. 2. Ask for volunteers to fulfill the following roles. When a patient is to be transferred to another agency, proper coordination must first be made to ensure that the agency has the proper services and facilities needed by the patient. A transfer report accompanies the patient. The patient’s medical record or chart is left at the original agency Recorder As discussed by Cherry & Jacobs (2014), the following steps must be undertaken to manage effective meetings. Pre-meeting Work 1. Determine the specific purpose(s) for the meeting (What do you want to accomplish in 0the meeting?). Leader Timekeeper 3. The leader guides the meeting by: Preparation and Conduct of Meetings - 0 Processing one agenda at a time. Allowing the timekeeper to do his or her job to keep the meeting on track. Debriefing the end of the meeting by asking these questions: “What went well with the meeting?” and “What can we improve upon for the next meeting?” These questions should be used at the end of each meeting t improve subsequent meetings. 2. Create a list of meeting topics, such as revisions to nursing handbook” or “new admission policy.” Create a fact sheet related to each topic to distribute with the agenda. 3. Determine the meeting attendees. They are individuals, groups, or department representatives with valuable insight or who are affected by decisions made during the meeting. Internal customers are employed by the organization and may include patient care staff members, staff members of other departments (laboratory, dietary), 0 administrators, social workers, dietitians, and therapists. For example, nurses should view staff Patient Satisfaction and Customer Service Provider External customers are not employed by the organization and include patients and families, in addition to physicians and others who serve as referral sources for new patients. Payers (insurance companies, managed care plans) are also being considered as primary external customers. 0 To provide evidence of actions and decisions To support accountability and transparency To comply with legal and regulatory obligations, including employment, contract and financial law as well as the data members as customers and determine how to meet their needs to facilitate effective and efficient work performance. The needs of internal customers who help manage an effective nursing unit such as housekeeping, maintenance, laboratory, and social services should be considered. MODULE 6 BENEFITS OF RECORD MANAGEMENT Records management (RM) is the supervision and administration of digital or paper records, regardless of format. It is a systematic and effective control of records (both paper and electronic). It aims to ensure that records are accurate and reliable, can be retrieved speedily and efficiently, and efficiently, and are kept for no longer than necessary. It is crucial to all organizations. Unless records are managed efficiently it is possible to conduct business, to account for what happened in the past, or to make decisions are kept for no longer than necessary. Records management activities include the creation, receipt, maintenance, use and disposal of records. Documentation may exist in contracts, memos, paper files, electronic files, reports, emails, videos, instant message logs database records. Paper records may be stored in physical boxes on-premises or at a storage facility. Digital records may be stored on storage media in-house or in the cloud. The goal of records management is to help an organization keep the necessary documentation accessible for both business operations and compliance audits. Saves time by ensuring that records can be found easily and quickly Save space by preventing records from being kept longer than Necessary Saves money by reducing storage costs and maintenance costs Improves efficiently by ensuring records are readily accessible legally Improves compliance by keeping records in line with legal and regularly requirements Keeps records under control by preserving data and preventing accumulation control of epheral material Improves the quality of information, providing staff with access to accurate and reliable quality records security Increases the security of confidential records continuity Support business continuity and risk management Records are managed efficiently and can be easily assessed and used Records are stored as cost effectively as possible and when no longer required they are disposed of in a timely and efficient manner. IMPORTANCE OF RECORD MANAGEMENT 0 protection act and freedom of information ac To protect the interests of staff, students and other stakeholders Help to address complaints or legal processes To support patient choice and control over treatment and services To support day to day business of the health care delivery To support evidenced based practice To assist clinical and other types of audits To support sound administrative and managerial decision making. To support improvement in clinical effectiveness through research 0 Complies with requirements concerning records and records management practices to ensure compliance with institution Records of longer term value are identified and protected for historical and other research. - Record - - It is a permanent written communication that documents information relevant to a client’s health care management. E.g. chart is a continuing account of client health care status and need. A record is a clinical, scientific, administrative and legal document relating to the nursing 0 care given to the individual family and community. Records should be written with clearly and appropriately Records should contain facts based on observation conversation and action Select relevant facts and the recording should be neat, complete and uniform Records should be written immed an interview Records are confidential documen SAFEKEEPING AND RELEASE OF RECORDS 1. Sentinel events - 0 - is a patient safety event that results in death, permanent harm, or severe temporary harm. Sentinel events are debilitating to both patients and health care providers involved in the event. The most common sentinel events are wrong-site surgery, foreign body retention, and falls. They are followed by suicide, delay in treatment, and medication errors. The risk of suicide is the highest immediately following hospitalization, during the inpatient stay, or immediately post-discharge 2. Anecdotal Sample of records Administrative records of Grants/Contracts Bid documents Blueprint of facilities Consent forms-adult-minor Endowment Fund Records Equipment inventory reports General ledgers Meeting minutes Payroll folders Contracts-purchase lease rental, and etc. is an observation that is written like a short story. They are descriptions of incidents or events that are important to the person observing. Anecdotal records are short, objective and as accurate as possible 3. Incident report - Records in the Nursing Office and Unit 4. Kardex Administrative records: organogram, job description, procedure manual Personnel records: personal files, records Patient records send to medical center chief/medical director Leave record, duty roster, minutes of the meeting, budget etc. Miscellaneous: circular log book, formats, etc. 5. Patients chart/records 6. 201 file Nurses responsibility for record keeping and recording - Principles of Record Writing - Nurses should develop their own method of expression and form in record writing 0 - 0 Keep under safe custody of nurse No individual sheet should be separated Not accessible to patient and visitors Strangers is not permitted to read records Records are not handed over to the legal advisors without written permission of the administration Handed carefully, not destroyed - - Provides baseline data to estimate the long term changes related to services Identified with bio-data of the patients such as name, age, admission number, diagnosis, etc. Never sent outside the hospital without the written administrative permission Administrative Purpose of clinical records Nursing Administrator’s Responsibility Protection from loss Safeguarding its concerns Completeness Responsibility for nurse notes Admission record Scientific value of the nurse notes Record of order carried out Individual Staff Record A separate set of record is needed for staff, giving details of their sickness and absences. Ward Records Importance of Records in Hospital (For individual an family) Reducing or increase in beds Change in medical staff and non-nursing personnel for the ward The introduction and patient of support Characteristic of a Good Record and Reporting Accuracy Consciousness Thoroughness Up to date Legal documents: poisoning, assault, rape, leaving against medical advice (LAMA/HAMA/DAMA) Research or statistics rates Audit and nursing audit - is the process of collecting information from nursing reports and other documented evidence about patient care and assessing the quality of care by the use of quality assurance programmes. ... A retrospective nursing audit is performed after discharge from the care facility, using the patient's record. Quality of care Continuity of care Informative purposes: MEN census Teaching purposes of students Diagnostic purposes: test reports Serve the history of the client Assist in the continuity of cares Evidence to support if legal issues arise Assess health needs: research and teaching For the Doctor 0 0 - Serve the guide for diagnosis, treatment, follow up and evaluation Organization Confidentiality Objectivity - Purposes of Record For the Nurses Supply data that are essential for program planning and evaluation Provide the practitioner with data required for the application of professional services for the improvement of family health Used as tools of communication between health workers the family and other development personnel Shows the health problem in the family and other factors that affect health Indicates plan for future 0 Indicate progress and continuity of care Self-evaluation of medical practice Protect doctor in legal issues Used for teaching and research - Document nursing service rendered Planning and evaluation of service for future improvement Guide for professional growth Communication tool between nurse and othe staff involved in the care Indicate plan for future For Authorities 0 Statistical Information Administrative control Future reference Evaluation of care in terms of quality, quantity and adequacy Help supervisor to evaluate service Guide staff and students Legal evidence of service rendered by each employee Provide justification of expenditure of funds administrators on a personal as well as organizational level. PURPOSE OF PLANNING 1. Planning increases the chances of success. 2. It forces analytic thinking and evaluation of alternatives 3. It establishes a framework for decision making that is consistent with to Management MODULE 8 objectives. A. PLANNING 4. It orients people to action instead of reaction a basic function of management, is a principal 5. It includes day-to-day and future-focus duty of all managers, is a critically important managing to and precedes all other management 6. It helps to crisis management and provides functions. It is a systematic process and decision-making flexibility requires knowledgeable activity based on 7. It provides a basis for managing organizational sound managerial theory. and individual and individual performance Planning is defined as deciding in advance, it 8. It increases employee involvement and directs our thinking on what we expect to do, improves communication why it will be done, who is going to do it, and 9. It is cost effective how when and where to be done. The first element of management defined by Henry Fayol is planning in which he defines as IMPORTANCE OF PLANNING making a plan of action to provide foreseeable future. According to him that plan Nurse Manager must know how to plan for the must have unity, continuity, flexibility, and following reasons: precision. The plan should be included annual 1. Planning leads to the achievement of goals and and 1o year forecasts, taking advantage of objectives. input of others Workers relate what they do to Planning facilitates the art of handling people. meaningful results. It ensures alignment Because planning fail, it requires moral of nursing unit/department and financial courage. Effective planning requires plans with the strategic plan. continuity of tenure. Good planning is a sign Thus, increase the probability of of competence, (Marquis and Huston 2017). achieving organizational goals, vision, an Planning is designed for the nurse mission. Also, it establishes a framework administrators who are seeking more for decision making consistent with top effective means of improving current and management objectives. future performance. It offers principles of planning and decision-making guides in 0 nursing practice. It deals with those aspects 0 2. Planning is gives meaning to work. Employees or workers experience of planning that directly affects the nurse greater satisfaction if what they do becomes meaningful to them. Ensures diagnostic work up in the Out-patient safe and quality care through awareness Department. Minor surgeries are also of individual responsibility and done at the OPD so that more hospital accountability. beds can be allotted to critically-ill patients or for those needing specialized 3. Planning provides for effective use of available services. resources and facilities. The best use of personnel and material 0 resources prevents wastage. 4. Planning helps in coping with crises. Hospitals 8. Planning improves communication and team 0 collaboration through people involvement in planning activities. 9. Planning provides the basis for control. 9. Planning provides the basis for control. 4. Planning helps in coping with crises. Hospitals It becomes the basis for evaluating must provide for disaster plans. the accomplishment of the set It allows the workers to function more programs/activities. clearly and efficiently when actual 10. Planning is necessary for effective control, emergencies occur such as fire, typhoons, earthquakes, or during New Year Nurse- managers evaluate the environment or celebrations and or other occasions when setting in which they work or where the patients are more people are likely to get hurt. confined and make necessary recommendations to Manages risk and copes with crisis make hospital conditions more therapeutic not only situations. for the patients but for the workers as well. 5. Planning is cost effective. Performance of workers and evaluation of services to Cost can be controlled through patients’ base on criteria set during the planning stag planning for efficient operation. Projecting will indicate whether standards of care are met and the number of operations in a given day, whether changes are indicated. including daily dressings, helps in determining accurately the needed weekly supplies in the surgical units so as to prevent undersupply, oversupply or SCOPE OF PLANNING pilferages. 6. Planning is based on past and future activities. The Top Management or the Nursing Directors, Chief Nurses or Directors of Nursing and their Evaluation of programs. Schedules, assistants are the one who set the overall goals and activities whether successful or not, and policies of an organization. It’s their prevents and/or reduces the recurrence of responsibility to covers the over-all management problems and provides better ideas in of the organization’s Nursing Service. modifying or avoiding them. 7. Planning leads to the realization of the need for The Middle management or Nursing Supervisors direct the activities to actually implement the change. broad operating policies of the organization such Discovers the need for change that as staffing and delivery of services to the units. leads to create new services and The formulation of policies, rules and productivity. regulations, methods and procedures for Many of the hospitals have found out intermediate level planning for ongoing activities that in-patient hospital days can greatly and projects is done in coordination with top reduce by having the laboratory and management and those in the lower level. 0 0 At the lower or first –level management, the The community it serves, this includes the kind of Head Nurses or Senior Nurses (including Charge people served their needs, expectations, literacy rate Nurses or team Leaders) do the daily and weekly economic levels, employment rates, demographic plans for the administration of direct patient care statistics, cultural values, values and services available in their respective units. in the community. The goals of care, vary according to the needs of the CHARACTERISTICS OF A GOOD PLAN community, agency, trends in technology and in 1. Be precise with clearly-worded objectives, changing needs of the community, agency, trends in including desired results and methods of technology and in changing concepts of the nurses’ evaluation. roles and functions. 2. Be guided by policies and/or procedures B. Setting the Vision, Mission, Philosophy, Goals and Objectives affecting the planned actions. 3. Indicate priorities. 4. Develop actions that are flexible and realistic in - terms of available personnel, equipment, facilities, and time. 5. Develop a logical sequence of activities. 6. Include the most practical methods for achieving each objective. 7. Pervade the whole organization. 0 0 Most often, the purpose and philosophy are explicitly stated and detailed in a formal mission statement. This mission statement reflects the organization’s values and provides the reader with and indication of the behavior and strategic actions that can be expected from that organization. Mission statement outlines the agency’s reason for existing (whether hospital or