Wednesday, July 29, 2009

R.A. 3573

PERTINENT  LAWS RELATED TO NURSING PRACTICE:(Revised)

  1. Executive Orders - These are orders issued by the Chief Executive in order to implement a constitutional mandate or a statutory provisions.

    1. E.O. 51 - The Milk Code -The National Code on the Marketing of Breastmilk Substitute, Breastmilk Supplements and Other Related products. This aims to provide safe and adequate nutrition for infants by the protection and promotion of breastmilk and by ensuring the proper use of breastmilk substitute.
    2. Executive Order No. 174 -The National Drug Policy on Availability, Affordability of Safe, Effective and Good Quality Drugs for All.
    3. Executive Order No. 209 - The Family Code of the Philippines.
    4. Executive Order No. 180 – Government Workers Collective Bargaining Rights.
    5. Executive Order No. 857 – Compulsory Dollar Remittance Law
    6. Executive Order No. 358 – Ladderized Education,

  1. LETTER OF INSTRUCTION - It is an order issued by the President to serve as a guide to his previous decree or order.

1. LETTER OF INSTRUCTION NO. 47 - This directs the school of midwifery, social work, nursing, medicine, and allied medical profession to include family planning in their curricula.

2. LETTER OF INSTRUCTION NO. 949 - Which created the Primary Health Care System

3. LETTER OF INSTRUCTION NO. 1000 - Which directs government agencies to give preference to members of accredited professional organizations when hiring employees.

III. PRESIDENTIAL DECREE (PD) - These are orders coming from the President of the Philippines who exercise legislative powers during the state of martial law, whereby legislative branch of the government is not in function.

    1. Presidential Decree No. 48 -Limits maternity leave benefits to four children only.

60 days/NSD*72 days/CS – 7 days Paternity Leave

    1. Presidential Decree No. 69 - Limits the number of children to four for tax exemption purposes.

    1. Presidential Decree No. 79 - This law created the Population Commission or POPCOM amending PD 16.

2 Presidential Decree No. 147 - Which declared April 21 as National Immunization Day.

3 Presidential Decree No. 166 - Which amended PD 79 and strengthened family planning program by promoting participation of private sector in the formulation and implementation of program planning policies.

4. Presidential Decree No. 169 - Which requires attending physician and/or persons treating injuries resulting from any violence, to report such fact by the fastest means of communications to the nearest law enforcement agencies to keep tract of all violent crimes, conduct timely investigations thereon and effect the immediate arrest of the perpetuators.

5. Presidential Decree No. 223 - which created the Professional Regulations Commission (PRC).

6. Presidential Decree No. 442 - The Labor Code of the Philippines.

7. Presidential Decree No. 541 - Which allows former Filipino citizens to practice their respective professions in the Philippines.

8. Presidential Decree No. 568 - Which expanded the Role of Public Health Midwives under RHCDS.

9. Presidential Decree No. 603 - The Child and Youth Welfare Code of the Philippines. It protects the rights and promotes the welfare of the child.

10. Presidential Decree No. 626 Which provides for an Employees Compensation and Insurance Fund. Providing more benefits to persons covered by SSS and GSIS for injury, illness or disabilities.

11. Presidential Decree No. 651 - The Birth and Death Registration Law, thus it requires concerned parties to register it at the Civil Registry Office for 30 days.

12. Presidential Decree No. 825 - This provides penalty for improper garbage disposal and other forms of cleanliness

13. Presidential Decree No. 856 - The Code of Sanitation

14. Presidential Decree No. 965 - Requires applicants for marriage license to receive instructions on Family Planning and Responsible Parenthood. This Law provides that no marriage license shall be issued by the Local Civil Registry unless the applicants present a certificate issued at no cost to the applicant. (This law is now incorporated, with certain modifications, in the Family Code of the Philippines.)

15. Presidential Decree No. 996 - Which provides for basic compulsory immunization for children, and infants below eight (8) years of age.

16. Presidential Decree No. 1359 - Which allows applicants for Philippine citizenship to take Board examination pending their naturalization.

17. Presidential Decree No. 1519 – Revised Philippine Medical Care Act of 1969

18. Presidential Decree No. 1636 - Which required compulsory membership to the SSS of self employed persons.

  1. PROCLAMATIONS: These are official declarations by the Chief Executive or Office of the President of the Republic of the Philippines.
    1. Proclamation No. 6 - Declaring that the United Nations goal for the Universal Child immunization, this involves the NGO’s in the immunization program.
    2. Proclamation No. 118 – Declaring June 12 – 18 as Professional Regulation week.
    3. Proclamation No. 449 – Which declares December 1 as the National AIDS day.
    4. Proclamation No. 593 – which declares as the last week of October as Nurses

Week signed by President Garcia, in 1958.

5. Proclamation No. 1060 – declared 1997 as the Nurses Diamond Jubilee Year.

    1. Proclamation No. 1275 – declaring that Midwifery week is celebrated every third week of October..

IV. REPUBLIC ACT (RA): Laws passed by the Congress of the Republic of the Philippines which made up of the Senate and the House of Representatives, in accordance with the present set up of government under the 1987 constitution.

RA 349 - legalizing permission to use human organs or any portion or portions of the human body for medical, surgical or scientific purposes, as amended by RA 1056.

RA 1080 - Which declared that professionals who passed the Board Examination and the Bar Examinations are civil service eligible.

RA 1082 - Rural Health Act

RA 1612 - Which provides that professional taxes must be paid before any Occupation or profession can be pursued. It must be paid before January 31 of each year. However professionals working in the Government agencies are exempted from this tax.

RA 2382 - The Philippine Medical Act regulating the practice of medicine in the country.

RA 3573 - Which provides the reporting of communicable disease, it also provide that

Person may be inoculated, administered, or injected with prophylactic preparations in order to prevent and suppress communicable disease and that no person shall refuses to hinder or obstruct in any way such protective measure as may be seemed advisable by the Director of Health or his authorized representatives.

RA 3720 - Ac Act to ensure the safety and purity of foods, drugs, and cosmetics being made available to the public by creating the Food and Drug Administration, which shall administer and enforce the laws pertaining thereto.

RA 4073 - Liberalizes the treatment of Leprosy.

RA 4226 - Hospital Licensure Act, requiring all hospitals to be licensed before they can operate. – An Act Requiring the Licensure of all Hospitals in the Philippines

And Authorizing the Bureau of Medical Services as the Licensing Agency.

RA 4670 - The Magna Carta for Public School Teachers.

RA 4688 - An Act Regulating the operation and maintenance of clinical laboratories

And requiring registration of the same with the Department of Health, providing penalty for the violation thereof, and for other purpose.

RA 5921 - The Pharmacy Act – This requires that all prescription must contain the following information:

1. Name of the prescriber, office address, Professional Registration

Number, PTR number.

2. Clients Name, Age, sex.

3. Date of Prescription.

RA 6111 - An act establishing the Philippine Medical Care Plan and creating the Philippine Medical Care Commission. Prescribing its duties, powers and functions and appropriating funds therefore.

RA 6365 - Which declares the National Policy on Population and created the Commission on Population or POPCOM.

RA 6425 - Dangerous Drugs Act of 1972

RA 6675 - An act to promote, require and ensure the production of an adequate supply, distribution, use and acceptable of Drugs and medicines identified by their generic names.

RA 6713 - The Code of Conduct and Ethical Standards for Public Officials and Employees.

RA 6727 - "An Act To Rationalize Wage Policy Determination By Establishing The Mechanism And Proper Standards Therefore, Amending For The Purpose Article 99 Of, And Incorporating Articles 120, 121, 122, 123, 124, 126 AND 127 INTO, PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, FIXING NEW WAGE RATES, PROVIDING WAGE INCENTIVES FOR INDUSTRIAL DISPERSAL TO THE COUNTRYSIDE, AND FOR OTHER PURPOSES" Approved by the President on June 09, 1989

RA 6758 - An act prescribing a revised compensation and position classification system in the government and for other purposes.

RA 6809 - Which provides that the age of majority, is 18 years old.

Ra 7600 - Rooming In - Breastfeeding Act of 1992.

RA 7160 - Local Autonomy Code of the Philippines.

RA 7164 - Philippine Nursing Act of 1991

RA 7170 - Which is the law that governs organ donation. – Organ Donation Act of 1991

RA 7277 - Magna Carta of Disabled Persons

RA 7392 - Philippine Midwifery Act of 1992.

RA 7394 - Consumer Act of the Philippines.

RA 7432 An act to maximize the Contribution of Senior Citizens to Nation Building. Grants benefits, and special privileges and for other purposes.

RA 7600 - Rooming In and Breastfeeding Act of 1992.

RA 7610 - Special Protection of children against child-abuse Exploitation and Discrimination Act.

RA 7624 "AN ACT INTEGRATING DRUG PREVENTION AND CONTROL IN THE INTERMEDIATE AND SECONDARY CURRICULA AS WELL AS IN THE NONFORMAL, INFORMAL AND INDIGENOUS LEARNING SYSTEMS AND FOR OTHER PURPOSES" Approved by the President on July 11, 1992

RA 7641 - New Retirement Law for private employees.

RA 7658 - Prohibits the employment of children under 15 years old.

RA 7875 - National Health Insurance of 1995, An act instituting a national health insurance program for all Filipinos and establishing the Philippine Health Insurance Commission for the purpose.

RA 7876 AN ACT ESTABLISHING A SENIOR CITIZENS CENTER IN ALL CITIES AND MUNICIPALITIES OF THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR" Approved by the President on February 14, 1995 Origin: House (HB12317 / SB00589)

RA 7877 - The Anti-sexual Harassment law of 1995, An Act Declaring Sexual Harassment unlawful in the following environments: (1) Employment (2) Education (3) Training

RA 7883 - Barangay Health Worker Benefits and Incentive Act of 1995. An Act Granting Benefits and Incentives to Accredit Barangay Health Workers and for other purposes.

RA 8203 - "AN ACT PROHIBITING COUNTERFEIT DRUGS, PROVIDING PENALTIES FOR VIOLATIONS AND APPROPRIATING FUNDS THEREFOR" Approved by the President on September 04, 1996

RA 8344 - An act penalizing the refusal of Hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency or serious cases amending for the purpose Batas Pambansa 702 otherwise known as an act prohibiting the demand of deposits or advance payments for the confinement or treatment of patients in hospitals and medical clinics in certain cases.

RA 8423 - Traditional and Alternative Medicine Act of 1997. An Act creating the

Philippine Institute of Traditional and Alternative Health Care (PITAHC)

To accelerate the development of traditional and alternative health care in

The Philippines.

RA 8504 - An act promulgating policies and prescribing measures for the prevention and control of HIV/AIDS information and education program, establishing a comprehensive HIV/AIDS monitoring system, strengthening the Philippine National AIDS Council and for other purpose.

RA 8749 - An act providing for a comprehensive air pollution control policy and for other purpose. – Philippine Clean Air Act of 1999.

RA 8976 - An act establishing the Philippine Food fortification program and for other purposes.

RA 9003 - Ecological Solid Waste Management Act of 2000.

RA 9165 - Comprehensive Dangerous Drug Act of 2002

RA 9173 - Philippine Nursing Act of 2002. An act providing for a more responsive

Nursing profession repealing

RA 9211 - An act regulating the packaging, use, sale, distribution and advertisement of tobacco products and for other purposes.

RA 9255 - An act allowing illegitimate children to use the surnames of their father,

Amending for the purpose EO 209, otherwise known as the Family Code

of the Philippines.

RA 9257 - Expanded Senior Citizen Act of 2003 - An act granting Additional Benefits and Privileges to Senior Citizens amending for the purpose RA 7432 Otherwise known as “An act to maximize the Contribution of Senior Citizens to Nation Building. Grants benefits, and special privileges and for other purposes.

RA 9262 - An Act defining violence against women and their children, providing for the protective measures for victim prescribing penalties therefore, and for other purposes.

RA 9288 - An act promulgating a comprehensive policy and a national system for ensuring a newborn screening.

RA 9439 An act prohibiting the detention of patients in hospitals and medical clinics on grounds of non-payment of Hospital Bills or medical expenses.

RA 9482 - Anti-rabies act of 2007. An act providing for the control and elimination of human animal rabies, prescribing penalities for violtion thereof and appropriating funds therefore.

Source: COMMITTEE ON HEALTH

House of Representatives

Website: www.doh.gov.ph

PERTINENT  LAWS RELATED TO NURSING PRACTICE:

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