NURSING LEADERSHIP AND MANAGEMENT
continuous quality improvement. It takes a lot of
dedication and commitment to self-motivate and
reinvent.”

take health care knowledge and combine that with business
acumen to develop business ventures around new product
lines, innovative technology, or
steps to enter the nursing entrepreneurial field:

Gain clinical experience: After earning a degree, you
need to have practical experience. You’ll also
optimal care delivery.
strengthen soft skills such as delegating, planning,
Opportunities are wide open, as long as nurses can innovate
from concept to market.
According to Nurse Journal, there are a few important
problem-solving, and strategizing.

Find inspiration: While practicing, you’ll be able to
identify unmet needs, whether of patients or
coworkers.
Process of identifying and starting a business venture, sourcing

Pursue relevant certifications: Nurses will have such
and organizing the required resources and taking both the risks
basic certifications as well as their license and
and rewards associated with the venture
specialty certification. Keep these up to date, and
determine whether you’ll need any other certifications
1.
Commit oneself to entrepreneurship and find the right
opportunity
or licenses.

Create a business plan: Your plan should detail the
why and how of your business idea, with summaries
2.
Execution is critical.
3.
Create successful teams and partnership
4.
Be aware of your impact and social economic role
of how your business will function and goals.

Secure funding: This is why a business plan is
important to outline your idea for investors. You’ll
have to understand how much money you’ll need to
1.
SELF MOTIVATED
2.
INTUITIVE
3.
CREATIVE
4.
AUTHORITATIVE
5.
STRONG WILLED
make your plan successful.

Grow and market your business: There are many ways
to get the word out, from social media to paid
advertising to digital marketing. Find out what’s right
for your needs and budget.

Burdisays nurse entrepreneurs need to think about
more than health care when considering a business.

There are certain skills and attributes that nurse
entrepreneurs
should
have
to
be
successful.
According to Johnson & Johnson Nursing, nurse
entrepreneurs should be:

Independent: Able to work alone or start a separate
business

Managerial: Can guide, learn from, and support other
nurses

Research-oriented: Skilled in analyzing data and
discovering new treatments, products, or services for
patients or health care consumers

Strong nurse entrepreneurs are able to function
autonomously,” Burdisays. “They have a vision, are
creative, and are risk takers. They are willing to step
outside of their comfort zone and engage in

Freelance communications

Health coaching

In home care, nursing home

Home Healthcare services

Telehealth and virtual nursing

Corporate wellness program

Legal nurse consulting

Patient advocacy

Medical Writing/ editing and

Developing Health Apps


An important task in starting a new venture is to
develop a business plan. As the phrase suggests, a
All challenges facing the existing business or
proposed venture should be discussed in this section.

Identifying such challenges shows the reader that all
business plan is a "road map" to guide the future of the
possibilities have been explored and taken into
business or venture. The elements of the business
account during the research process.
plan will impact the daily decisions of the business
and provide direction for expansion, diversification,

and future evaluation of the business.

investment of time by the writer, with information
A business plan should be structured like a book with:
1.
the title or cover page,
gathered from multiple sources to prevent bias or
2.
table of contents.
undue optimism. The writer should take all aspects of
3.
the body of the plan normally appears in this
the industry (past, present, and future) and business
order: executive summary, business mission
into account. If there are concerns or questions about
statement, goals and objectives, background
the viability of the industry or business, these must be
information,
matters,
addressed. In writing this portion of the plan,
planor
information may be obtained from your local public
marketing
organizational
plan,
and
financial
library,
projection

This portion of the business plan requires the most

personnel,
trusted
Background information should come from the
research conducted during the writing process.
members of the business team. Business plans are
"living" documents that should be reviewed and
industry
sources on the Internet, and publications
Business plans are traditionally developed and written
by the owner with input from family members and the
periodicals,

This portion should include information regarding the
updated every year or if an opportunity for change
history of the industry, the current state of the
presents itself. Reviews reinforce the thoughts and
industry, and information from reputable sources
plans of the owner and the business and are a key item
concerning the future of the industry.
in the evaluation process. For an established venture,
evaluation determines if the business is in need of
change or if it is meeting the expectations of the

influenced by the marketing strategy or plan of the
owners.
company selling the product or service.



Products are usually purchased based on consumer
The executive summary is placed at the front of the
preferences,
business plan, but it should be the last part written.
perceived quality attributes.
The summary should identify the type of business and

including
brand
name,
price, and
Consumer preferences develop (and change) over
describe the proposed business, or changes to the
time and an effective marketing plan takes these
existing
preferences into account.
business.
Research
findings
and
recommendations should be summarized concisely to

Every purchase decision that a consumer makes is

Other variables to consider are sales location, market
provide the reader with the information required to
location, promotion, advertising, pricing, staffing, and
make any decisions.
the costs associated with all of these. All of these
The summary outlines the direction and future plans
aspects of the marketing plan will take time to develop
or goals of the business, as well as the methods that
and should not be taken lightly
will be used to achieve these goals.

The summary should include adequate background
information to support these recommendations.

An adequate way of determining the answers to
business and marketing issues is to conduct a SWOT
analysis.

The final financial analysis and the assumptions used

SWOT
stands
for
Strengths,
represent internal attributes and may include aspects
The analysis should show how proposed changes will
like previous experience in the business.
ensure the sustainability of the current or proposed
business.
acronym
Weaknesses, Opportunities, and Threats. Strengths
are also a part of the executive summary.

The

Experience in sales or marketing would be an area of
strength for a retail farm market.

Weaknesses are also internal and may include
improvements in that it follows a specific protocol that
aspects such as the time, cost, and effort needed to
management communicates clearly to all employees.
introduce a new product or service to the marketplace.


a comprehensive document that outlines how an
Opportunities are external aspects that will help your
organization will go about achieving its goals and
business to take off and be sustained.
objectives
If no one is offering identical products or services in
your immediate area, you may have the opportunity to



Here
organizational
Leadership Development Programs: ...
Threats are external and may include aspects like
o
Team Building Workshops: ...
other businesses offering the same product in close
o
Cultural
Assessments
and
o
Performance Management Redesign:
o
Strategic Planning Facilitation: ...
o
Change Management Programs: ...
o
Diversity, Equity, and Inclusion
success of the business and should be included in the
o
Initiatives:
Historical data

The next portion of the financial plan should detail
where funding will come from. This includes if (and
when) the business will need additional capital, how
much capital will be needed, and how these funds will
be obtained. If start-up capital is needed, this
information should be included in this portion.
Personal contributions should be included, along with
other funding sources
A sales strategy is a detailed plan that guides sales
teams on how to sell products or services and attract
new customers encompassing sales goals, processes,
product positioning, and team structure, and includes
clear steps for selling effectively and hitting sales
goals
How do you write a sales strategy example? You
should:
o
Decide on a timeline for your goals and
tactics.
o
Outline the context.
o
Write out the company mission and values.
o
Describe the target audience and product
service positioning.
o
Include sales resources.
o
Draw
out
an
overview
of
concurrent
activities.
o
Write an overview of your business road map.
Organizational development is a planned, systematic
change in the values or operations of employees to
create overall growth in a company or organization. It
differs from everyday operations and workflow
Change
Initiatives: ...
The financial plan and assumptions are crucial to the


of
o
business plan.

examples
capture the market.
impacting business practices and cost.

some
development initiatives:
proximity to your business or government regulations

are
2.
Systematic body of knowledge
o

The
preparation
of
a
student nurse
facts, and application of knowledge in
for the
practice
responsibilities of professional and social life, by the
development of her capacities in a way that would
accurate knowledge of the fundamental
3.
Community sanction
o
make her fit to enter upon the practice of nursing.
acknowledgement
by
society,
through
level
quality
legislation.
4.
1.
Ethical codes
o
DISCIPLINE latin word discipulus ””, meaning learner ”
3.
Emphasis on good health
4.
Adjustment in chosen field in nursing
5.
Extra professional activities
o
Membership in nurses’ association
o
Activities for professional growth
o
The Nurse’s Week under Proclamation No.
of
malpractice.
act in accordance with rules; the method of regulating
Personal appearance
certain
the public and the profession against
of the mind and formation of manners; the training to
2.
a
performance to the public and protects both
and discere ””, meaning to learn ””). It is the cultivation
principles and practice.
guarantees
5.
Professional culture
o
the social climate in which the professional
functions and seeks its contacts.
6.
Acceptance of service motives
o
the purpose of the profession is not to make
money but to promote health and knowledge
or good laws.
539 (October 17, 1958), the President of the
Philippines, designated the last week of
Refers to what is stipulated in the Philippine Nursing Act of
October every year, beginning 1958, as the
2002, RA 9173, specifically in Article VI (Nursing Practice),
Nurse’s Week.
Section 28.
6.
Professional education and programs
7.
Professional organizations
a legal document given by the government that permits a
person to offer to the public his or her skills and knowledge in
a particular jurisdiction, where such practice would otherwise
a.
Must have a license to practice nursing in the country.
b.
Must have a BSN degree.
c.
Must be physically and mentally fit.
1.
Interest and willingness to work and learn with
be unlawful without a license.
individuals/groups in a variety of settings.
Is the appropriate authority to administer, implement and
2.
A warm personality and concern for people.
enforce the regulatory policies on various professions and
3.
Resourceful and creativity as well as a well-balanced
occupations under its jurisdiction.
A calling in which its members profess to have acquired special
emotional condition.
4.
Capacity and ability to work cooperatively with others.
5.
Initiative to improve self and service.
6.
Competence in performing work through the use of
nursing process.
knowledge, by training or by experience or by both, so that they
may guide or advice or serve others in that special field.
7.
Skill in decision making, communicating and relating
with others and being research oriented.
8.
1.
Professional authority
o
demonstrated through accountability of
behaviour; responsibility for practice.
o
Professional autonomy
Active participation issues confronting nurses and
nursing.
c.

Treatment is not obligatory respect patient's
It incorporates processes of moral reasoning by which
call of dignity of death still care should
health care professionals are able to satisfactorily
surround the person until patient dies
work through the moral dilemmas and obligations
with which they must deal


ORGANIZING FRAMEWORK
1.
Ethical
Principles
inviolability
of
a vis'' the financial capabilities of the family however
life,
it will not offer benefit to the patient
stewardship, justice, autonomy, beneficence,
non-maleficence,
confidentiality,
veracity

Moral
Ordinary provision of necessities of life food, normal
respiration and elimination process, IVF, NGT, catheter
and fidelity
2.
Extraordinary entails use of aggressive modalities ''vis
Approaches
traditional
can be sustained until death
theories
(deontological, virtue theories)
3.
Moral Principles
4.
Others
care/relationship,
casuistry
(Contextualism)

Assisted Suicide administering some help to hasten
death

Letting Go allowing patient to die with dignity at
his/her own final departure

to do good, to provide benefit

BENEFICENT RULES (PRINCIPLES OF BIOMEDICAL
ETHICS):
a.
protect and defend the rights of others
b.
prevent harm from occurring to others
c.
remove conditions that will cause harm to
others


d.
help persons with disabilities
e.
rescue persons in danger
as distinguished from non-maleficence:
a.
one ought to prevent evil or harm
b.
one ought to remove evil or harm
c.
one ought to do or promote good
not to do evil, to prevent, to remove or not to risk harm;
an obligation not inflict harm or evil intentionally.

“Primum non nocere”, a maxim of medical ethics
which means, ''above all, do no harm to anyone''.


Examples:
a.
''Do not kill.''
b.
''Do not cause pain or suffering to others.''
c.
''Do not cause offense to others.''
d.
''Do not incapacitate others.''
e.
''Do not deprive others of the good of life.''
Can be justified through the following conditions:
a.
When the case is IRREVERSIBLE, and any
form of treatment will not benefit the patient
b.
When death is IMMINENT or when patient is
already dead

applied in FREE and INFORMED CONSENT

PURPOSE a) protective b) participative

ELEMENTS a) knowledge or information (information
and comprehension) b) consent ( freedom and
voluntariness)
b.
Be a member of good standing of the
accredited
professional
organization
of
nurses;

c.
It defines and limits the practice of the nursing
master’s degree in nursing, education or
profession.

It provides the organization of the Board of Nursing.

Sets regulations concerning schools and colleges of
Be a registered nurse and holder of a
other allied medical profession conferred by
a college or university duly recognized by the
Government: Provided, That the majority of
nursing, sets requirements for certification, its
the Members of the Board shall be holders of
revocation or suspension. Describes the scope of
a master’s degree in nursing: Provided,
nursing practice, as well as health human resources
further, That the Chairperson shall be a
and penal provisions.
holder of a master’s degree in nursing;
d.
Have a least ten (10) years of continuous
practice
An act providing for a more RESPONSIVE nursing profession,
of
the
profession
prior
to
appointment: Provided, however, That the
repealing for the purpose Republic Act No. 7164, otherwise
last five (5) years of which shall be in the
known as “The Philippine Nursing Act of 1991” and for other
Philippines; and
purposes.
e.
e) Not have been convicted of any offense
involving moral turpitude; Provided, That the
membership to the Board shall represent the

SEC. 2. Declaration of Policy. It is hereby declared the
three (3) areas of nursing education, nursing
policy of the State to assume responsibility for the
service and community health nursing.
protection and improvement of the nursing profession

by instituting measures that will result in relevant
of the Board of Nursing. Any per appointed as
nursing education, humane working conditions, better
Chairperson or Member of the Board shall immediately
career prospects and a dignified existence for our
resign from any teaching position in any school,
nurses.

SEC. 5. Requirements Upon Qualification as Member
college, university or institution offering Bachelor of
The State hereby guarantees the delivery of quality
Science in Nursing and/or review program for the local
basic health services through an adequate nursing
nursing board examinations or in any office or
personnel system throughout the country.
employment in the government or nay subdivision,
agency
or
instrumentality
thereof,
including
government owned or controlled corporations or their

SEC. 3. Creation and Composition of the Board. There
subsidiarieis as well as those employed in the private
shall be created a Professional Regulatory Board of
sector. He/she shall not have any pecuniary interest in
Nursing, hereinafter referred to as the Board, to be
or administrative supervision over any institution
composed of a Chairperson and six (6) members .
offering Bachelor of Science in Nursing inclcuding
They shall be appointed by the President of the
review classes.
Republic of the Philippines from among the two (2)
SEC. 6. Term of Office.The Chairperson and Members
of the Board shall hold office for a term of three (3)
Regulation Commission, hereinafter referred to as the
yearsand until their successors shall have been
Commission, chosen and ranked from a list of three (3)
appointed
nominees per vacancy, of the accredited professional
Chairperson and Members of the Board may be
organization of nurses in the Philippines who possess
reappointed for another term.
the qualifications prescribed in Section 4 of this Act.


recommendees, per vacancy of the Professional

and
qualified:
Provided,
That
the
Any vacancy in the Board occuring withing the term of
SEC. 4. Qualifications of the Chairperson and
a Member shall be filled for the unexpired portion of
Members of the Board. The Chairperson and Members
the term only. Each Member of the Board shall take the
fo the Board shall, at the time of their appointment,
proper oath of office prior to the performance of
possess the following qualifications:
his/her duties.
a.
Be a natural born citizen and resident of the
Philippines;

The incumbent Chairperson and Members of the
Board shall continue to serve for the remainder of their
term under R.A. No. 7164 until their replacements have


been appointed by their replacements have been
Act, or its rules and regulations and in
appointed by the President and shall have been duly
connection therewith, issue subpoena ad
qualified.
testificandum of respondents and witnesses
SEC. 7. Compensation of Board Members. The
and the production of documents and punish
Chairperson and Members of the Board shall receive
with
compensation and allowances comparable to the
impending and/or otherwise interfering with
compensation and allowances received by the
the conduct of such proceedings upon
Chairperson and members of other professional
application with the court;
6.
regulatory boards.

persons
obstructing,
Promulgate a Code of Ethics in corrdination
SEC. 8. Administrative Supervision of the Board,
and
Custodian of its Records, Secretariat and Support
professional organization of nurses within
Services. The Board shall be under the administrative
one (1) year from the effectivity of this Act;
7.
supervision of the Commission. All records of the
Board,
including
administrative
applications
and
other
investigative
consultation
with
the
accredited
Recognize nursing specialty organizations in
coordination
for examinations,
with
the
accredited
professional organization; and
cases
8.
conducted by the Board shall be under the custody of

contempt
Prescribe, adopt, issue and promulgate
the Commission. The Commission shall designate the
guidelines,
Secretary of Board and shall provide the secretariat
decisions as may be necessary for the
and other support services to implement the
improvement
provisions of this Act.
advancement of the profession and for the
SEC. 9. Powers and Duties of the Board. The Board
proper and full enforcement of this Act
shall supervise and regulate the practice of the
subject to the review and approval by the
nursing profession and shall have the following
Commission.

powers, duties and functions:
1.
2.
3.
of
the
measures
nursing
and
practice,
SEC. 10. Annual Report. The Board shall at the close of
Conduct the licensure examination for
its calendar year submit an annual report to the
nurses;
President of the Philippines through the Commission
Issue, suspend or revoke certificates of
giving a detailed account of its proceedings and the
registration for the practice of nursing;
accomplishments during the year and making
Monitor and enforce quality standards of
recommendations for the adoption of measures that
nursing practice in the Philippines and
will upgrade and improve the conditions affecting the
exercise the powers necessary to ensure the
practice of the nursing profession.
maintenance
4.
regulations,
of
efficient,
ethical
and

SEC. 11. Removal or Suspension of Board Members.
technical, moral and professional standards
The President may remove or suspend any member of
in the practice of nursing taking into account
the Board after having been given the opportunity to
the health needs of the nation;
defend himself/herself in a proper administrative
Ensure
quality
examining
the
universities or
nursing
education
by
prescribed
facilities
of
of nursing
or
colleges
investigation, on the following grounds:
a.
b.
that
standards
of
neglect
of
duty
or
b) Commission or toleration of irregularities
in the licensure examination; and
seeking permission to open nursing courses
ensure
Continued
incompetence;
departments of nursing education and those
to
a)
c.
nursing
c) Unprofessional, immoral or dishonorable
conduct.
education are properly complied with the
maintained at all times. The authority to open
and close colleges of nursing and/or nursing
education programs shall be vested on the
5.

SEC. 12. Licensure Examination. All applicants for
Commission of Higher Education upon the
license to practice nursing shall be required to pass a
written recommendation of the Board;
written examination, which shall be given by the Board
Conduct hearings and investigations to
in such places and dates as may be designated by the
resolve
complaints
practitioners
for
against
nurse
unethical
and
unprofessional conduct and violation of this

Commission: Provided, That it shall be in accordance
with Republic Act No. 8981, otherwise known as the
“PRC Modernization Act of 2000.”

SEC. 13. Qualifications for Admission to the Licensure
signature of the Chairperson of the Commission and
Examination. In order to be admitted to the
the Members of the Board and the offical seal of the
examination for nurses, an applicant must, at the time
Commission.
of
filing
his/her
application,
establish
to the

satisfaction of the Board that:
a.
Chairperson of the Commission, bearing the date of
He/she is a citizen of the Philippines or a
registration, license number, and the date of issuance
citizen or subject of a country which permits
and expiration thereof shall likewise be issued to every
Filipino nurses to practice within its territorial
registrant upon payment of the required fees.
limits on the same basis as the subject or

Applicants for licensure and for registration shall pay
requirements for the registration or licensing
the prescribed fees set by the Commission.

whose names appear at the roster of nurses shall be
b.
He/she is of good moral character; and
automatically or ipso facto registered as nurses under
c.
He/she is a holder of a Bachelor’s Degree in
this Act upon its effectivity.

registration/professional license may be issued
education duly recognized by the proper
without examination to nurses registered under the
government agency.
laws of a foreign state or country:
SEC. 14. Scope of Examination. The scope of
o
Provided,
That
the
requirements
for
examination for the practice of nursing in the
registration or licensing of nurses in said
Philippines shall be determined by the Board. The
country are substantially the same as those
Board shall take into consideration the objectives of
prescribed under this Act:
o
Provided, further, That the laws of such state
and other related disciplines and competencies in
or country grant the same privileges to
determining the subjects of examinations.
registrered nurses of the Philippines on the
SEC. 15. Ratings. In order to pass the examination, an
same basis as the subjects or citizens of
examinee must obtain a general average of at least
such foreign state or country.
seventy five (75%) with a rating of not below sixty

SEC. 21. Practice Through Special/Temporary Permit.
percent (60%) in any subject. An examinee who
A special/temporary permit may be issued by the
obtains an average rating of seventy five percent
Board to the following persons subject to the approval
(75%) or higher but gets a rating below sixty percent
of the Commission and upon payment of the
(60%) in any subject must take the examination again
prescribed fees:
but only in the subject or subjects where he/she is
o
Licensed
nurses
from
foreign
rated below sixty percent (60%). In order to pass the
countries/states whose service are either for
succeeding examination, an examinee must obtain a
a fee or free if they are internationally well
rating of at least seventy five percent (75%) in the
known specialists or outstanding experts in
subject or subjects
any branch or specialty of nursing;
SEC. 16. Oath. All successful candidates in the
o
Licensed
nurses
from
foreign
examination shall be required to take an oath of
countries/states on medical mission whose
profession before the Board or any government official
services shall be free in a particular hospital,
authorized to administer oaths prior to entering upon
center or clinic; and
the nursing practice.

SEC. 20. Registration by Reciprocity. A certificate of
complies with the standards of nursing
the nursing curriculum, the broad areas of nursing,

SEC. 19. Automatic Registration of Nurses. All nurses
same as those prescribed in this Act;
Nursing from a college or university that

SEC. 18. Fees for Examination and Registration.
citizen of such country: Provided, That the
of nurses in said country are substantially the

A professional identification card, duly signed by the
SEC.
17.
Issuance
o
of
Certificate
of
Licensed
nurses
countries/states
from
foreign
employed
by
Registration/Professional License and Professional
schools/colleges of nursing as exchange
Identification
professors in a branch or specialty of
Card.
A
certificate
of
registration/professional license as a nurse shall be
nursing.
issued to an applicant who passes the examination

Provided,
however,
That
the
upon payment of the prescribed fees. Every certificate
special/temporary permit shall be
of registration/professional license shall show the full
effective only for the duration of the
name of the registrant, the serial number, the
project,
medical
mission
or
proper application therefor and the payment of the
employment contract.

required fees, issue another copy of the certificate of
registration/professional license.
SEC. 22. Non registration and Non issuance of
Certificates of Registration/Professional License or
o
A new certificate of registration/professional
Special Temporary Permit. No person convicted by
license to replace the certificate that has
final judgment of any criminal offense involving moral
been lost, destroyed or mutilated may be
turpitude or any person guilty of immoral or unsound
issued, subject to the rules of the Board.
mind shall be registered and be issued a certificate of
registration/professional
license
or
a
special

temporary permit.
o
SEC. 25. Nursing Education Program. The nursing
The Board shall furnish the applicant a
education program shall provide sound general and
written statement setting forth the reason for
professional foundation for the practice of nursing.
its actions, which shall be incorporated in the
o
records of the Board.

to specific requirements embodied in the
SEC. 23. Revocation and Suspension of Certificate of
prescribed curriculum as promulgated by the
Registration/Professional License and Cancellation of
Commission on Higher Education’s policies
Special/Temporary Permit. The Board shall have the
and standards of nursing education.
power to revoke or suspend the certificate of
registration/professional
license
or
cancel

SEC. 26. Requirements for Inactive Nurses Returning
the
to Practice. Nurses who have not actively practiced
special/temporary permit of a nurse upon any of the
the profession for five (5) consecutive years are
following grounds:
required to undergo one (1) month of didactic training
a.
For any of the cause mentioned in the
and three (3) months of practicum. The Board shall
preceding section;
accredit hospitals to conduct the said training
b.
For unprofessional and unethical conduct;
program.
c.
For
d.
e.
gross
incompetence
serious
SEC. 27. Qualifications of the Faculty. A member of the
faculty in a college of nursing teaching professional
courses must:
of nursing;
a.
a) Be registered nurse in the Philippines;
For use of fraud, deceit or false statements in
b.
b) Have at least one (1) year of clinical
a
certificate
license
of
or
a
practice in a field of specialization;
c.
c) Be member of good standing in the
temporary/special permit;
accredited
For violation of this Act, the rules and
nurses; and
regulations, Code of Ethics for nurses and
g.

For malpractice or negligence in the practice
registration/professional
f.
or
ignorance;
obtaining
d.
professional
organization
of
d) Be a holder of a master’s degree in nursing,
technical standards for nursing practice,
education or other allied medical and health
policies of the Board and the Commission, or
sciences conferred by a college or university
the conditions and limitations for the
duly recognized by the Government of the
issuance of the temporary/special permit; or
Republic of the Philippines.
For practicing his/her profession during
his/her suspension from such practice;

Provided,
however,
That
o
In
addition
to
the
aforementioned
qualifications, the dean of a college must
the
have a master’s degree in nursing. He/she
suspension of the certificate of
must have at least five (5) years of
registration/professional
experience in nursing.
license
shall be for a period not to exceed
four (4) years.

The learning experiences shall adhere strictly
SEC. 24. Re issuance of Revoked Certificates and
Replacement of Lost Certificates. The Board may, after
the expiration of a maximum of four (4) years from the
date of revocation of a certificate, for reasons of equity
and justice and when the cause for revocation has
disappeared or has been cured and corrected, upon

The prevention of the accident lies within the control
of the defendant.

A legal wrong, committed against a person or property

3 conditions required to establish a defendant’s
negligence:
independent of a contract which renders the person
1.
who commits it liable for damages in civil action.
The injury would not normally occur unless
there was a negligent act on the part of the
defendant.

2.
the obligation to answer for an act done and to repair
The injury was caused by an agency or
instrumentality within the control of the
any injury it may have caused.
defendant.
3.
The accident was not due to any voluntary
action or contribution on the part of the

liability for one’s actions or duties; it carries with it the
injured party.
idea of sanction or penalty


Omission or failure to do a thing that is required to be
done or commission of an act which a reasonable or
An irresistible force that is unforeseen or inevitable
(floods, fire, earthquake, accidents, etc…)

prudent nurse or person would not do.
No person shall be responsible for those events which
cannot be foreseen, or which, though foreseen are
inevitable, except in cases expressly signified by law.


Nurses who fail to render service during these
circumstances are not held negligent.
Any professional misconduct or any unreasonable
lack of skill or fidelity in the performance of
professional duty.

It denotes stepping beyond one’s authority with

serious consequences.
Let the master answer for the acts of the
subordinates.

The liability is expanded to include the master /
employer as well as the employee.
1.
DUTY to use due care under circumstances
2.
FAILURE to meet standard of due care
3.
FORSEEABILITY OF HARM
4.
INJURY

within the scope of his employment.

1.
Failure to report observation to attending physicians.
2.
Failure to exercise the degree of diligence which the
It applies to those actions performed by the employee
The lack of ability, legal qualifications or fitness to
discharge the required duty.

If a nurse, though registered, manifests incompetence
circumstances of the particular case demands.
in the performance of her duty, there is ground for
3.
Mistaken identity.
revocation or suspension of her certificate of
4.
Wrong medicine, concentration, route and dose.
registration.
5.
Defects in the equipment such as stretchers and
wheelchairs may lead to falls thus injuring the
patients.
6.
Errors due to family assistance.
7.
Administration of medicine without a doctor’s

“Although there was physical damage there was no
LEGAL INJURY”

prescription.
Means that even if a victim suffered physical injury,
the same is not considered “LEGAL INJURY” which
entitles him to recover for damages.

The thing speaks for itself

Applied when the accident itself shows reasonable
evidence that it arose from the lack of proper care.

“To stand by that which is decided”

Means that the court stands by its previous decision
an act or violation of duty intended to result in such
or precedent. To stand by that which has been settled
confinement.
means to adhere and not to disturb or change it in
order to ensure and maintain the integrity and
consistency of the court.

Right to be left alone, the right to be free from
unwarranted publicity and exposure to public view.

The right to be live one’s life without having anyone’s
name, picture or private affairs be made public against

one’s will.
RA 6675: “Only validly registered medical, dental and
veterinary
practitioners,
whether
in
private/institution/corporation or in the government,

are authorized to prescribe drugs”.

Prescriptions
made
by
unauthorized
unprivileged or false words by which his reputation is
persons
damaged.
constitute illegal practice against RA 2832 (Medical
Act of 1959), RA 4419 (Dental Act), and RA 382


SLANDER oral defamation of a person by speaking

LIBEL defamation by written words, cartoons or such
(Veterinary Act).
representations that cause a person to be avoided,
RA 5921 (Pharmacy Act) as amended, requires all
ridiculed or held in contempt or tend to injure him in
prescriptions to contain all needed information.
his work.
The nurse has the legal right to follow written LEGAL
ORDERS
concerning
treatment
and
medication
bearing the doctor’s signature.

The length of time following the event during which
the plaintiff may file a suit.

For the Work of Nursing Aides

For the Work of Nursing Students

IV Therapy & Its Implications
occurrence. In criminal cases, vary from 2-6 years

Telephone Orders
except in murder, no time limit.

Consent to medical/surgical procedures

Legal Risks for Defective Equipment

Medical Records — scientific & legal value



Nurses must know and attain that STANDARD OF
CARE was given and that care was properly
Determines the controversy between 2 disputants
(litigants).

Attorney / counselorfiles an order with the court clerk
to issue a writ of summons to the sheriff informing the
DOCUMENTED , EXERCISE SOUND JUDGMENT & use
of COMMON SENSE
Example: negligence –filed within 2-3 years from
defendants to appear in court on a particular date.

Defendant’s attorney studies the case and prepare his
defense.

imminent threat or harmful or offensive bodily

the court.
contact.

an intentional, unconsented touching of another

Complaints, pleadings for misdemeanor.

Indictments, pleadings for felonies.

Defendant must be aware of his fundamental rights to
due process of law.
person.

Unjustifiable detention of a person without a legal
warrant within boundaries fixed by the defendant by
Each party presents statement of facts or pleading to

Is a fair and orderly process which aims to protect and
enforce a person’s right.

1.
Right to be informed
2.
Right to remain silent
when decided by it, the final judgment results and
3.
Right to a competent counsel
matter is ended.
4.
No use of violence, threat or torture


Eliminates matters not in dispute, agree on issues or
settle procedural matters.

Facts are presented and determined; law applied at
the end.

person giving necessary details

Nurses should face the judge or jury and:
1.
Speak clearly, adequately and intelligently.
2.
Should use terms that an average person can
understand.
3.
Speaks only the truth.
4.
Should not hesitate to say she does not know, nor
answer questions that might incriminate her
(privilege against self-incrimination).

Could not divulge PRIVILEGED COMMUNICATION in a
civil case means that the nurse is incompetent to
testify on the communications made to him by the
patients, all the device given and all the information
gathered by observation during the seal of secrecy.

Exceptions:
1.
Criminal Case
2.
With the patient’s consent
3.
Patient sued doctor for damages

Testimony of Facts factual information.

Testimony of Opinion given by an expert witness.

Expert witness is one who is qualified to testify based
on special knowledge, skill, experience and training.

PERJURY is the willful telling of a lie under oath or
false swearing under oath.

HEARSAY EVIDENCE — rumors or repetition of what
the witness has heard others say, not admissible in
evidence.

DYING
DECLARATION
OR
ANTEMORTEM
STATEMENTS — considered hearsay unless the dying
person is a victim of a crime.
APPEALS review of the case by an appellate court and
Defendant is compelled to execute judgment. Failure
to comply means contempt of court.

PRIVACY — right of the person to be left alone or be
free from unwarranted publicity and intrusion.

Accuracy

Mark errors properly

Completeness

Objective

Legible and permanent

Programs adopted by an institution that is designed to
promote the best possible care.

These include on going education of staff, evaluation
of staff performance on a routine schedule and an
audit of selected activities on a regular basis.

An act decreed by the state as injurious or contrary to
the public good and the commission of which can
subject the offender to prosecution and penalty of fine
or imprisonment or both

An act committed or omitted in violation of the law It
has two 2 elements
A.
Criminal Law –relates to violation of law.
o
Criminal cases –person if
1.
convicted has
has at the time the criminal act is committed
punishment.
B.
Knows it is lawful but decides to do it
Civil Law –deals with disputes over legal rights and
2.
duties of individuals in relation to one another.
o
Criminal intent a state of mind of a person
Criminal act acts or offenses against public
welfare
Compensation or damages maybe awarded
to the injured person

The law exempts from criminal liability any person
who commits an unlawful act under compulsion of an
irresistible force

The law exempts from criminal liability an imbecile or
insane person, unless the latter acted during a lucid

These are provided by statutes, by professional
organizations
and
by
the
nurses’
employing
interval

Under the law, a person can be held criminally liable
institutions. They’re expected to be known by nurses
for the consequence of his act only when such is
as they apply it to nursing practice.
felonious

Criminal liability is incurred by any person committing
a felony although the wrongful act done be indifferent

from that which he intended
It not only requires a high degree of education and
knowledge, but also includes the use of COMMON
SENSE

Any person who performs an act which would be an
offense against persons or property but fails to
consummate it impossible crime shall also incur
criminal liability

CONFIDENTIALITY — nondisclosure of information
except to another authorized person.
1.
Revised Penal Code of the Philippines
2.
Special Penal Laws
1.
Felonies — punished by the Revised Penal Code
2.
Offenses — punished by the Special Penal Law

RECKLESS IMPRUDENCE — When a person does an
act or fails to do it voluntarily by without malice, from
which material damage results immediately


Exists when two or more persons come to an
SIMPLE IMPRUDENCE — The person did not use
agreement concerning the commission of a crime and
precaution and the damage was not immediate or the
decide to commit it
impending danger was not evident or manifest

Each is criminally responsible for the acts of his
associates or confederates

Criminal offenses which does not in law amount to the
grade of felony

1.
Punishment is usually a fine or imprisonment for a
term or less than one year
PRINCIPAL
a.
by direct participation — doer of the act
b.
by inducement — directly force or induce
others
c.
2.

by cooperation — indespensable
ACCOMPLICE
Is a public offense for the conviction of which a person
o
a person who cooperates
is liable to be sentenced to death or to be imprisoned
o
“accessory before the fact” (absent at the
in a penitentiary or prison It is committed by means of
DECEIT or FAULT
1.
time crime was committed)
3.
DECEIT (DOLO) — performed by deliberate
ACCESSORY (“Accessory after the fact”)
o
intent Freedom and intelligence
2.
Profits, Conceals/destroys evidence, Assists
in the escape of the principal
FAULT (CULPA) — wrongful acts results in
imprudence, negligence, lack of foresight or
skill

J–Justifying

E–Exempting

M–Mitigating

A–Aggravating

A-Alternative
1.
Self Defense
o
Unlawful aggression
o
Reasonable necessity
o
Lack of sufficient provocation
2.
Defense of relative or strangers
3.
Fulfilment of Duty
4.
Obedience to an order from superior
o
Order must be lawful
o
Superior acting within the scope of practice
1.
Insane / Imbecile
2.
Performance of a lawful act causes injury by mere
accident

3.
Under 9 years of age or less
4.
Being over 9 years and under 15 years of age unless
physical, moral or mental well being; includes sexual
acted with discernment
attack which may or may not amount to rape. It refers
Under compulsion of uncontrollable or irresistible
to maltreatment, habitual or not, of the child.
5.
force

CHILD ABUSE — any form of cruelty to a child’s
SEXUAL HARASSMENT — committed by one having
6.
Under impulse of uncontrollable fear
authority, influence or moral ascendancy over another
7.
Failure to perform an act required by law when
in a work, training or education environment, demands
prevented by some lawful cause / insuperable cause
and requests or otherwise requires any sexual favor
from another, regardless whether such demand,
request or requirement for submission is accepted.
1.
Under 18 years old or over 70 years old
2.
No intention to commit so grave a wrong
3.
Sufficient provocation/threat preceding the act
4.
Immediate vindication of a grave offense
5.
Voluntary surrender or confession of guilt
6.
Deaf or dumb or with physical defect
7.
Illness of the offender

Giving assistance to suicide direct or positive
euthanasia, patient assisted suicide.

Illegal detention may arise in connection with the
enforcement of quarantine regulations or in isolation
of patients.

Simulation of birth a crime against the civil status of
persons; substituting one child for another, concealing
or abandoning any legitimate child with intent to
1.
cause such child to lose its civil status.
Treachery / taking advantage of superior strength or
position
2.
Contempt or with insult to public authorities
3.
Disregard of rank, age or sex
4.
Abuse of confidence or obvious ungratefulness
5.
Place dedicated to religious worship
6.
Calamities or misfortune
7.
Price, reward or promise
8.
Inundation, fire, poison or explosion, etc…
9.
Evident premeditation or after an unlawful entry
1.
Be familiar with the Philippine Nursing Law.
2.
Beware of laws that affect 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 job description.
10. Craft, fraud or disguise
11. Cruelty
6.
Do not delegate your responsibility to others.
7.
Determine whether your subordinates are competent
in the work you are assigning to them.

May increase / decrease criminal liability depending
8.
workers, whether they are your supervisors, peers or
on the nature and effects of the crime
o
Relationship
o
Intoxication
o
Degree of instruction / education
Develop good interpersonal relationship with your cosubordinates.
9.
Consult your supervisors 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.

Moral Turpitude — an act of baseness, vileness or
depravity in social or private duties which a man owes
to his fellow man or to society in general, an act
contrary to the accepted and customary rule of right
and duty between men.

Parricide

Murder

Homicide

Infanticide

Abortion

Robbery

Controlled Substances
11. The doctors should be informed about the patient’s
condition.
12. Keep in mind the value and necessity of keeping
accurate and adequate records.
13. Patients are entitled to an informed consent.


A meeting of mind between two persons whereby one
impelling influence which induces a contracting party
binds himself, with respect to the other, to give
to enter into contract.
something or to render some service. (Civil Code)


It is a promise or a set of promise which the law
recognizes as a duty and when that duty is not

Refers to the material cause, reason, motive, price or
There must be sufficient cause or consideration for
validity of contract.

The cause or consideration should not be contrary to
performed, the law provides a remedy.
law, morals, good customs, public order and public
An agreement upon sufficient consideration to do or
policy.
not to do a particular thing.




Do ut des (I give that you may give)
Facio ut facias (I perform so that you are to perform)
Facio ut des (I do that you may give)
Do ut facias (I pay in order that you may perform)
1.
EXPRESS CONTRACT — the agreement is formal and
stated by the parties in writing or verbally at the time
it is entered into. Conditions and terms of contract are
given.
IMPLIED CONTRACT — the agreement in fact is
presumed or inferred from the acts of the parties.
Principle or doctrine of Facio ut des is applied.
FORMAL CONTRACT — an agreement among parties
involved and is required to be in writing by some
special laws.
INFORMAL CONTRACT — one which is concluded as
the result of a written document or as a result of oral
or spoken discussion between parties.
VOID CONTRACT — one that is inexistent from the
very beginning and therefore may not be enforced.
ILLEGAL CONTRACT —
one that is expressly
2.
3.
4.
5.
6.
prohibited by law.
Every right of one of the parties has a corresponding obligation
on the part of the other party. If one of the parties fails or
refuses to comply with his obligation(s) under the contract, the
aggrieved party may resort to judicial process to enforce his
right(s). Thus, if P fails or refuses to pay N the latter's fee, N
may go to court to compel P to pay.
1.
Autonomy (Freedom to Stipulate)
2.
Obligatory force of Contracts
The meeting of minds of the contracting parties.
May either be expressed or implied.
Should not be given through mistake, violence,
3.
Consensuality of Contracts
4.
Mutuality of Contracts
intimidation, undue influence or fraud.
5.
Relativity of Contracts

The subject matter of the contract.

All things not outside the commerce of men, including



future things

At least two parties to it.
Both parties must be competent to contract.
It is binding on both contracting parties; excludes third
parties.
Stipulations, clauses, terms & conditions of contract.




All rights which are not intransmissible

Future inheritance in cases expressly authorized by
1.
Legal age
law
2.
Sound mind
All services not contrary to law, morals, good customs,
3.
Not under the influence of intoxicating drugs, or fear

LEGAL CAPACITY of CONTRACTING PARTIES:
public order and public policy

Impossible things or services cannot be the object of
contracts.
of bodily harm
4.
Not suffering from physical disability –mentally
incompetent
1.
2.
3.
4.
The cause, object or purpose of the contract is
contrary to law, morals, good customs, public order
1.
Discovery of material misrepresentation
and public policy
2.
Where performance will be illegal
The contract is absolutely simulated made to appear
3.
Impossible by reason of illness
falsely as a contract) or fictitious (not real)
4.
Impossible by death of patient or nurse
The cause or object of the contract did not exist at the
5.
Made for other reasons
time of the making of the contract
6.
Contract is insufficient
The contract contemplates or intends a performance

It is certain Avoids the uncertainty of human memory
of an impossible service

It can specify a definite time within which it is binding
The object of the contract is outside the commerce of
men
5.
6.
The intention of the contracting parties as to the
to protect both sides against sudden changes without
principal object of the contract cannot be determined
notice

with certainty
7.
8.

professional person from haggling over compensation
The contract is one which is expressly prohibited or
declared by law as void or invalid and ineffective
It sets a standard and relieves an individual

It is open and well known so that the use of written
A contract directly resulting from a previous illegal
contracts tends to establish minimum standards for
contract
professional practitioners and to protect them against
Contracts which are void and inexistent from the
dicrimination in compensation
beginning , cannot be ratified cannot be subsequently

It is definite and can be definite on many details
made valid by any amendatory act of the contracting

It can provide a definite procedure in case of
complaints about substandard work
parties.

It creates a minimum of certainty and security for the
professional employee to concentrate freely on work
1.
Those that are made in protection of the law.
2.
Consent obtained by fraud.
3.
Those obtained under duress.
4.
Those obtained under undue influence.
5.
Those obtained through material misrepresentation.

An act allowing a person, with the formalities
prescribed by law, to control to a certain degree the
disposition of his estate (land property), to take effect
after his death.

One that maybe valid in every way except that one of

It is a ''testamentary document''

''LAST WILL & when the will includes personal
the persons has the option of rejecting it.
1.
Contracts wherein one of the parties is
incapable of giving consent to a contract.
2.
Whose consent is vitiated ( to make
ineffective)
by
mistake,
violence,
property.

intimidation, undue influence or fraud.
SUCCESSION refers to the mode by which the
property, rights, obligations of a person is transmitted
through his death to another or others by his will or by
operation of law.

It is failure to perform an agreement, whether

DECEDENT refers to the person whose property is
expressed or implied, without cause The following
transmitted through succession, whether or not he left
constitute breach of contract for nursing services
a will.
1.
Prevention of performance.

TESTATOR refers to the person who made or left a will.
2.
Failure to perform because of inconvenience

TESTATRIX person making the will is a woman.
or difficulty.

HEIR person called to succession either by the
3.
Failure of cooperation in performance.
4.
Abandonment of duty.
5.
Substitution of performance.
6.
Failure to use undue care.
provision of a will or by operation of law.

TESTATE person who dies leaving a will is said to have
died …

INTESTATE person who dies without leaving a will.

PROBATE validation of a will in court.

ADMINISTRATOR one who administers the provisions
public
of the will.
(Acknowledgement of the will)
5.
6.
Every will must be acknowledged before a notary
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

Making of a will is strictly a PERSONAL ACT; it can't be
left in whole or in part to the discretion of a third party,
read and write, domiciled in the Philippines.
7.
A married woman may make a will without the consent
or accomplished through the instrumentality of an
of her husband and without authority of the court. She
agent or attorney. However, the mere mechanical work
may dispose by will all of her separate property as well
of writing the will may be done by a third person.
as her share of the conjugal partnership or absolute
community property.

The testator is of SOUND MIND at the time of
executing the will.


JOINT OR MUTUAL WILLS ARE PROHIBITED.

Attestation Clause - the clause wherein the witnesses
certify that the instrument has been executed before
All persons who are not expressly prohibited by law
them, and the manner of the execution of the same.
may make a will.

Persons of either sex under eighteen (18) years of age
cannot make a will

Every will must be in writing and executed in a
1.
2.
3.
language or dialect known to the testator.
4.

HOLOGRAPHIC WILL
o
A will entirely written, dated and signed by the
5.
hand of the testator himself, subject to no
6.
other form, and need not be witnessed.

he affixed his signature to the will, that the instrument
NUNCUPATIVE WILL or NUNCUPATION
o
An oral will.
o
Restrictions:



Made during the person's last
Will was not executed and attested as required by law.
The testator, at the time he executed the will, was
incapacitated or not competent.
The testator executed the will through force or under
duress or influence of fear or threats.
o Undue influence — influence used directly to
procure the will amounting to coercion and
destroying the free action of the testator.
The will was procured through undue and improper
pressure and influence by the beneficiary, or by
another person for the benefit of the beneficiary.
Signature of the testator was procured by fraud or
trick.
Testator acted by mistake or did not intend, at the time
he signed should be his will.

Note the soundness fo the patient's mind ( that he/she
illness.
understood the act of making a will) and that there
Be done in the place in which he
was freedom from fraud, undue influence and above
died.
18 years old.
That he asked one or more witness

signed.
to the will, that in be put in writing
within a given number of days, and
Note will was signed by the testator, with witness

For protection make notation in the chart (mental and
physical condition of the patient and the fact that he's
offered for probate in specified time.
making a will)
1.
Testator have expressed intention to make a will. Has
the capacity to make a will.
2.
Testator shall name the person who will be in charge
of carrying out the provisions of the will.
3.
Properties must be disposed in accordance with legal
requirements.
4.
Will must be signed by the testator, attested and
signed by at least 3 witnesses in his presence and of
one another. It must be in a language or dialect known
to the testators. (Authentication of Wills)
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GIFTS CAUSA MORTIS or DONATION CAUSA MORTIS
Gifts made by a person because of anticipation of
death or belief in approaching death.
These are revocable (disclaim or cancel) and subject
to the claims of the donor's creditors without proof of
intent to defraud them.
Requirements: a) consist of a personal property
o b) intention to make the gifts
o c) indication of transfer of control over such
property
o d) acceptance by the recipient.