Pastoral Care
Pastoral Care
Personal Information
2. Educational Background
Presentation Agenda 3. Professional Identification (ID) Picture
A. License to Practice Nursing 4. Examination Fee
● Definition of License 5. Good Moral Character Certificate
● Need for Licensure 6. NBI clearance
● Definition of Registration
● Registration Required Registration by Reciprocity
● Registration by Reciprocity Registration by ● A certificate of registration/professional license
Examination Examination and Registration may be issued without examination to nurses
Requirements for Examination registered under the laws of a foreign state or
● Fees for examination and registration Scope of country:
Examination ● Provided, That the requirements for registration
or licensing of nurses in said country are
B. License to Practice Nursing substantially the same as those prescribed
● Citizenship Requirements under this Act:
● Rating of the Nursing Licensure Examination ● Provided, further, That the laws of such state or
Oath Taking of Nurses country grant the same privileges to registered
● Annual Registration nurses of the Philippines on the same basis as
● Renewal of Nurse's License the subjects or citizens of such foreign state or
● Revocation or Suspension of certificates of country.
Registration
● Re-issuance of revoked Certificates Registration by Examination
● Due Process of Law ● All applicants for license to practice nursing
● Fundamental Requirement of Due process shall be required to pass a written examination,
which shall be given by the Board in such
What is a License? places and dates as may be designated by the
• An official document or certification granted by Commission:
a government agency or regulatory body that ● Provided, That it shall be in accordance with
allows an individual to legally engage in a Republic Act No. 8981, otherwise known as
particular profession, trade, or activity. the "PRC Modernization Act of 2000".
• Serves as proof that an individual has met the
education, training, and other qualifications Examination and Registration
required to perform a particular job or activity In order to be admitted to the examination for nurses,
safely and competently (e.g., professional an applicant must, at the time of filing his/her
licenses , business licenses, driver's licenses, application, establish to the satisfaction of the Board
and firearm licenses). that:
(a) He/she is a citizen of the Philippines, or a citizen or
Requirements for Licensure subject of a country which permits Filipino nurses to
To obtain a nursing license in the Philippines, nurses practice within its territorial limits on the same basis as
must meet the following requirements: the subject or citizen of such country: Provided, That the
1.Graduate from an accredited nursing program requirements for the registration or licensing of nurses
2.Pass the Nursing Licensure Examination (NLE) in said country are substantially the same as those
3. Register with the PRC prescribed in this Act;
4.Join the Philippine Nurses Association (PNA) (b) He/she is of good moral character; and
5. Renew your license fee. (c) He/she is a holder of a Bachelor’s Degree in Nursing
from a college or university that complies with the
What is Registration? standards of nursing education duly recognized by the
• Refers to the process of enrolling or applying for proper government agency.
the licensure exam with the Professional
Regulation Commission (PRC). Requirements for Examination & Fees for
Examination and Registration
Requirements
• The requirements for registration with the A. Checklist of Requirements for First-time Takers:
Professional Regulation Commission (PRC) (Original and Photocopy)
vary depending on the profession and the type
of registration being sought.
A. Nursing Board Exam Requirements For Filing For other related disciplines and competencies in
First-Time Test Takers: determining the subjects of examinations.
1.) Duly accomplished Nurses’ Application Form (NAF)
2.) Original and Photocopy of Transcript of Records Scope of Examination
(TOR) from your school with: Special Order (SO) The Nurses Licensure Examination (NLE) consists of
• Date of graduation five subjects:
• Seal of the school 1. Nursing Practice I - Community Health Nursing
• Scanned picture 2. Nursing Practice II - Care of Healthy/At Risk Mother
• Remarks “For Board Examination Purposes and Child
Only” (CHED recognition and permit to operate 3. Nursing Practice III - Care of Clients with
for graduates of new schools / programs) Physiologic and Psychosocial Alterations (Part A)
3.) Birth Certificate from the Philippine Statistics 4. Nursing Practice IV - care of Clients with Physiologic
Authority (PSA); and Psychosocial Alterations (Part B)
4.) PSA Marriage Certificate/Contract (for married 5. Nursing Practice V- Care of Clients with Physiologic
female applicants); and Psychosocial Alterations (Part C
5.) Duly-notarized copies of the summary of Related
Learning Experience (RLE) and OR & DR cases (For Citizenship Requirements
first-timers only) a.) Citizen- Is one who, under the constitution and laws
• Minor Scrubs - 3 of a particular state, is a member of a political
• Delivery Room Handled - 3 community, owing allegiance and being entitled to the
• Assisted - 3 enjoyment of full civil rights
• Cord Dressing - 3 b.) Citizenship- Is member in the said political
• If under CMO 30 - Certificate of Undertaking community and one who is not a citizen is considered
• Notarized Certificate of Undertaking (CMO #14 as an alien.
Series of 2009)
Two principles widely accepted in determining
A. Checklist of Requirements for Repeaters or citizenship of a person
Second-Takers: (Original and Photocopy)
● Must provide the same documentary Acquisition of Nationality birth
requirements except for the copies of the • Principle of jus soli- The place of birth of a
summary of Related Learning Experience person determines his citizenship
(RLE) and OR & DR cases. • Principle of jus sanguinis- Citizenship of the
parents determines the citizenship of the child
OTHER REQUIREMENTS: • Naturalization- The act of adopting a foreigner
a.) Examination Fee Php: 900.00 (complete)/ 450.00 and clothing him/her with the privileges of a
(conditioned) natural citizen
b.) 4 pcs passport pictures in white background with • Expatriation- Voluntary act of abandoning the
complete name tag country and becoming citizen of others
c.) 1-piece window mailing envelope with metered • Repatriation- Regaining one's nationality after
postage stamp expatriation
d.) Current Community Tax Certificate (cedula)
RATING OF THE NURSING LICENSURE
Requirements for Examination & Fees for EXAMINATION
Examination and Registration SEC. 15. Ratings. — In order to pass the examination,
● Persons required to pay examination and an examinee must obtain a general average of at least
registration fees set by the and registration fees seventy-five percent (75%) with a rating of not below
set by the Commission sixty percent (60%) in any subject.
● All applicants for admission to the NLE a All
applicants for registration as professional nurse RATING OF THE NURSING LICENSURE
practitioner EXAMINATION
● An examinee who obtains an average rating of
Scope of Examination seventy-five percent (75%) or higher but gets a
• The scope of the examination for the practice of rating below sixty percent (60%) in any subject
nursing in the Philippines shall be determined must take the examination again but only in the
by the Board. The Board shall take into subject or subjects where he/she is rated below
consideration the objectives of the nursing sixty percent (60%).
curriculum, the broad areas of nursing, and ● In order to pass the succeeding examination,
an examinee must obtain a rating of at least
seventy-five percent (75%) in the subject or Provided, however, That the suspension of the
subjects repeated. certificate of registration/professional license shall
be for a period not to exceed four (4) years
OATH TAKING OF NURSES
SEC. 16. Oath. — All successful candidates in the Re-issuance of Revoked Certificates
examination shall be required to take an oath of - Sec 24. Re-Issuance of Revoked Certificates
profession before the Board or any government official and Replacement of Lost Certificates
authorized to administer oaths prior to entering upon the
nursing practice. Conditions of Re-issuance:
● That there is a proper application with the BON
ANNUAL REGISTRATION CONTENTS OF for the re-issuance of the revoked COR/ PL
CERTIFICATE OF REGISTRATION ● That the application is made after the the
a. Full name of registrant expiration of a maximum of 4 years from the
b. Serial number of board certificate date of revocation of the certificate.
c. Signature of PRC chairperson ● That the re-issuance is sought for reasons of
d. Signature of members of BON e. Official seal of PRC equity and justice
f. Official seal of BON ● That the cause of revocation has disappeared
or has been cured or corrected
SEC. 19. Automatic Registration of Nurses. — All ● That the required fees have been paid
nurses whose names appear at the roster of nurses
shall be automatically or ipso facto registered as nurses Due Process of Law
under this Act upon its effectivity. ● Is fair and orderly process which aims to protect
and enforce a person's right
RENEWAL OF NURSE'S LICENSE ● Defines as a law which HEARS BEFORE IT
“Every 3 YEARS” CONDEMNS, which proceeds upon injury and
PRC Res. Number 2004-179 s. 2004 renders judgement only after trial
● Standardizes Guidelines and Procedures for ● Means that every citizen shall hold his life,
the Implementation of the Continuing liberty, property and immunities under
Professional Education for Professionals protection of the general rule which governs
society
CPE - refers to the inculcation, assimilation and
acquisition of knowledge, skills, proficiency and ethical Two-fold Aspect of Due Process
and moral values, after the initial registration of a 1. Substantive
professional, that raise and enhance the professional's ● There must be a valid law allowing the
technical skills and competence. deprivation of life, liberty or puberty
● Provides the ground for disciplinary action
Definition of Terms: 2. Procedural (2 fundamental requirement)
• Suspension- means temporary stop, 1) notice
interruption or cessation of practicing nursing 2) hearing
until final judgement of the case is rendered
• Revocation- the withdrawal or recall of some Fundamental Requirements of Due Process
power, authority, or things granted; it is the total Provided in all Article III 14 of the New Constitution
repeal or cancellation of something that exists. stating that, "No person shall be held to answer for a
• Cancellation- means destruction of the force, criminal offece without process law."
effectiveness or validity 1.The accused is presumed innocent untill the contrary
is proved.
Revocation or Suspension of Certificates of 2.The right to free access to the courts and adequate
Registration legal assistance.
Grounds for Suspension and Revocation: 3.The right to remain silent to have competent and
a.) Unprofessional and unethical conduct; independent counsel preferably of his/her own choice.
b.) Gross incompetence or serious ignorance; If he/she cannot affourt the services of a counsel,
c.) Malpractice or negligence he/she must be provided one.
d.) Use of fraud, deceit, or false statements to obtain 4.The right to bail and protection against excessive bail
license; e.) Violation of RA 9173, Code of Ethics, and 5.The right to presumption of innocence untill the
policies of the Board and Commission; contrary is proved
f.) Practice while on Suspension 6. The right to be informed of the nature or the cause of
the accusation against him/her
7. The right to have a speedy, impartial and public trial.
8. The right to meet the witness face to face salary, date and time of effectivity including
9. The right to have a compulsory process to secure the fringe benefits, if any, are specified. If a private
attention of witness face to face and production of duty nurse is asked by a physician to go special
evidence on his/her behalf duty for his patient and the patient himself and
10. The right again self incrimination the relatives do not object to the service, it is
11. The right when under investigation for the implied that the private duty nurse will be paid
commission for an offence, to remain silent and to under the doctrine of "facio ut des" which
counsel, and to be informed of his/her right. means "I do that you may give.”
12. The right to use of force, violence, threat, 4. IMPLIED CONTRACT
intimidation, or any other means which vitiates the free ● An implied contract is one that is concluded as
will. a result of acts of conduct of the parties to which
13. The right against cruel and unusual punishment the law ascribes an objective intention to enter
14. The right against excessive fines into a contract. To avoid subsequent problems,
15. The right against double jeopardy nurses are advised to clarify the terms and
conditions of employment before assumption of
work with the prospective employer.
TOPIC: CONTRACTS 5. VOID CONTRACT
Table of content ● A void contract is one that is inexistent from the
● Kinds of contracts very beginning and therefore may not be
● Requisites of a contract enforced
● Voidable contract 6. ILLEGAL CONTRACT
● Illegal contracts ● An illegal contract is one that is expressly
● Breach of contract prohibited by law
● Legal excuses in refusing/neglecting a contract
II. REQUISITES OF A CONTRACT
WHAT IS A CONTRACT? 1.) To have a contract, two or more persons must
● A CONTRACT is a meeting of minds between participate.
two persons whereby one binds himself, with 2.) The parties involved must give consent to the
respect to the other, to give something or to contract.
render some service. 3.) The object must be specified such as:
● A contract is a promise or a set of promises a. All things which are not outside the commerce of
which the law recognizes as a duty and when man;
that duty is not performed, the law provides a b. All rights which are not intransmissible;
remedy. c. Future inheritance in cases expressly authorized by
● When a nurse enters into a contract with an law; and
employer, it is usually an agreement to be paid d. All services which are not contrary to law, morals,
a certain amount of money and be provided good customs,
certain benefits in exchange for such services. public order, and public policy.
4.) The cause of obligation is established. The time,
I. KINDS OF CONTRACT price, and subject matter are expressed. Generally, the
1. FORMAL CONTRACT length of time of a contract for services is at least equal
● A formal contract refers to an agreement to the period for which wages or salaries are payable.
among parties involved and is required to be in 5.) Contracting parties must have the legal capacity to
writing by some special laws. enter into a contract. They must:
2. INFORMAL CONTRACT ● Be of legal age;
● An informal contract is one which is concluded ● Be of sound mind;
as the result of a written document or ● Not be under the influence of intoxicating drugs,
correspondence where the law does not require or fear of bodily harm; and
the same to be in writing, or as the result of oral ● Not be suffering from a physical disability such
and spoken discussion between the parties or as those who are mentally incompetent.
conduct between the parties, evidence and
intention to contract. III. VOIDABLE CONTRACTS
3. EXPRESSED CONTRACT ● A void contract, also known as a void
● An express contract is one in which the agreement, is not actually a contract. A void
conditions and terms of the contract are given contract cannot be enforced by law. Void
orally or in writing by the parties concerned. contracts are different from voidable contracts,
● An example of this is usually found in formal which are contracts may be (but not necessarily
contracts wherein the kind of services offered, will be) nullified.
● An agreement to carry out an illegal act is an 4. Those which contemplate an impossible service.
example of a void contract or void agreement. EXAMPLE:
● Example: a contract between drug dealers and If a blind man enters into a contract which requires the
buyers is a void contract simply because the use of his eyesight, the contract is void although in this
terms of the contract are illegal. In such a case, particular case, we have only a relative impossibility.
neither party can go to court to enforce the
contract, although some drug users mistakenly 5. Those where the intention of the parties relative
believe the opposite, and therefore take their to the principal object cannot be ascertained.
disputes to court. EXAMPLE:
Anna sold his land to Ben. Anna has many lands. It
The following contracts are void or inexistent from cannot be determined which land was intended by the
the beginning parties to be the subject of the sale. Therefore, the
1.Those whose cause, object or purpose are contrary to contract shall be null and void and it is as if the parties
law morals, good customs, have not entered into any contract at all.
public order or public policy.
EXAMPLES: 6. Those expressly prohibited or declared void by
Contrary to Law law.
● An agreement whereby Anna is to render EXAMPLE:
service as a servant to Ben without Contracts upon future inheritance except in cases
compensation as long as Anna has not paid his expressly authorized by law.
debt is reprehensible and censurable.
Contrary to Morals 7. Those which are absolutely simulated or
● A contract, whereby Anna promised to live as fictitious.
the common-law wife of Ben without the benefit EXAMPLE:
of marriage in consideration of P50,000.00, is Anna is indebted to Ben. Upon learning that Ben is
immoral and, therefore, void. going to enforce her credit, Anna pretended to sell her
Contrary to Good Customs land to Felimon, his father-in-law. Anna did not receive
● A notarized legal separation agreement a single centavo for the deed of sale she executed and
between Anna and Ben is contrary to good she continued in possession of the land as the contract
customs. was merely simulated or fictitious. There is no contract
Contrary to Public Order of sale in this case as the parties do not intend to be
● A stipulation in a contract of lease whereby the bound at all.
landlord can use force to eject the tenant in
case of failure of the latter to pay the rent VOIDABLE CONTRACTS
agreed upon is void as being against public The following contracts are voidable or annullable, even
order. though there may have been no damage to the
Contrary to Public Policy contracting parties.
● A contract entered into by a prosecutor not to I. Those contracts wherein one of the parties is
prosecute a carnapper in consideration for incapable of giving consent to a contract.
P1,000.00 is against the public policy to punish 2. Those whose consent is vitiated by mistake, violence,
crimes. intimidation, undue influence or fraud.
VOIDABLE VOID
2. Those whose cause or object did not exist from
the time of transaction. a.) may be ratified a.) cannot be ratified
EXAMPLE: b.) produces effects 'til b.) generally, effects are not
Sandra sells to Ben a parcel of land. In the deed of sale, annulled produced at all
P100,000.00 is stated as the price of the land. If this c.) defects is due to c.) the defects is that
incapacity or vitiated ordinarily, public policy is
statement is false, then there is no contract of sale.
consent militated against
d.) valid 'til annulled d.) void from the very
3. Those whose object is outside the commerce of e.) may be cured by beginning so generally, no
man. prescription action is required to set it
EXAMPLE: f.) defense may be aside, unless the has
If the object is outside the commerce of man, such as invoked only by the already been performed
sidewalks or public plazas or public bridges, they cannot parties (those e.) cannot be cured by
principally or prescription
be the object of contracts of alienation (but may be the
subsidiarily liable), or f.) defense may be availed
object, for example, of a contract for repair) their successors by anybody, whether he is a
interest or privies party to the contract or not,
VI. LEGAL EXCUSES IN REFUSING/ NEGLECTING
g.) referred to as as long as this interest is
relative or conditional directly affected A CONTRACT
nullity g.) referred to as absolute Following are legal excuses in refusing, neglecting or
nullity failure to perform a contract:
1. Discovery of material misrepresentation made and
relied upon
2. Where performance would be illegal
IV. ILLEGAL CONTRACTS
3. Where performance is made impossible by reason of
Contracts obtained through use of fraud (deception and
illness
trickery) undue (unlawful) influence or duress (coercion)
4. Where performance is made impossible by death of
in securing such, and those that are expressly
patient or nurse; 5. Where performance is made for
prohibited by law are illegal.
other reasons; and
1. Those that are made in protection of the law. If
6. Where contract is insufficient.
a nurse proceeds to administer intravenous
injection without special training and according
ADVANTAGES OF WRITTEN CONTRACTS
to protocol established, she/he violates RA
Many nurses fear written contracts. The following are
9173, the Philippine Nursing Act of 2002.
2. Consent obtained by fraud. If a nurse obtained the advantages of written contracts over oral ones.
1. A written contract is certain. It avoids the uncertainty
the consent of a patient or the family to be given
of human memory.
services, through misrepresentation that
2. It can specify a definite time within which it is binding
she/he is licensed although she/he is not, such
so as to protect both sides against sudden changes
contract is illegal.
without notice. It also fixes a time limit after which
3. Those obtained under duress. Duress means
actual or threat of violence or imprisonment in conditions are no longer binding but may be opened for
discussion.
order to obtain consent. A nurse may be forced
3. It sets a standard and relieves an individual
to sign a contract under threat of dismissal.
professional person from haggling over compensation
4. Those obtained under undue influence. If a
4. It is more likely to be open and well-known so that the
nurse who has been taking care of an elderly
use of written contracts tends to establish minimum
patient uses her close relationship to acquire
standards for professional practitioners and to protect
high salary or other options as property, such
them against discrimination in compensation.
contract is invalid as it is illegal.
5. It is definite and can be definite on many details which
5. Those obtained through material
may otherwise stimulate favouritism or caprice even
misrepresentation. Aside from fraud, material
among professionals, such as hours of work, vacation
misrepresentation may permit a person to avoid
allowances, holiday privileges, health and insurance
or cancel a contract. Suppose a midwife applied
provisions.
as nurse in an agency and was soon found not
6. It can provide a definite procedure in case of
to be a registered nurse, the contract that she
complaints about substandard work, so that the
signed becomes illegal because she misled the
employer has a clear course and the professional nurse
employer that she is a nurse.
has protection against arbitrary action.
7. It creates a minimum of certainty and security for the
V. BREACH OF CONTRACT
professional employee so that he/she is free to
● Breach of contract is failure to perform an
concentrate on his/her work without concern for the
agreement, whether expressed or implied,
details which the written contract has settled.
without cause.
UNITED STATES
VISA APPLICATION
○ U.S. Immigration law now requires that
healthcare professionals, other than
physicians, complete a screening
program in order to qualify for certain
occupational visas. VisaScreen, a
program offered by
○ The International Commision on
Healthcare Professions (ICHP), a HOW MUCH DOES THE H-1B VISA COST?
division of CGNFS, enables healthcare ● I-129 basic filing fee – $460/ ₱25,000
professionals to meet the government's ● ACWIA fee – $750-$1,500/ ₱40,000-₱80,000
minimum eligibility standards. ● Anti-fraud fee – $500/ ₱28,000
● Public Law fee – $4,000/ ₱220,000
In order to legally migrate to the United States, you ● DS-160 Form (for consular processing) – $190/
must meet federal requirements: ₱10,000
1) .Obtain a Registered Nurse Immigrant Visa ("Green ● Attorney fees - $2,400/ ₱133,000
Card") or H-1B visa.
2) U.S. law requires nurses to complete a screening THE CGFNS CERTIFICATION PROGRAM
program before they can receive an occupational
visa. VisaScreen® Service
3) CGFNS is approved by the U.S. Department of ● Comprehensive screening service for
Homeland Security to validate the credentials of healthcare professionals seeking an
nine foreign healthcare professions for occupational occupational visa to work in the United States.
visas, including registered nurses. ● CGFNS Int'l is approved by the United States
4) Completing CGFNS’ VisaScreen®: Visa Department of Homeland Security of nine
Credentials Assessment Service foreign healthcare professions for occupational
visas, and only this organization validate seven
UNITED STATES of those professions.
● You will need a “U.S.-based employer” that will Required Documents
serve as the petitioner for your visa. Your ● Secondary School Information
VisaScreen® certificate must be included on ● License/Registration/ Diploma Infomation
every visa or green card petition filed on your ● Nursing Knowledge for RN Only
behalf. ● Professional Educational Information