Republic of the Philippines
OFFICE OF THE PRESIDENT
COMMISSION ON HIGHER EDUCATION
CHED MEMORANDUM ORDER (CMO)
Series of 2011
SUBJECT: AMENDMENTS TO ARTICLE XI-SANCTIONS OF CMO NO. 14, S. 2009 “POLICIES AND STANDARDS FOR BACHELOR OF SCIENCE IN NURSING (BSN) PROGRAM”
In accordance with the pertinent provisions of Republic Act (RA) No. 7722, otherwise known as the “Higher Education Act of 1994,” CEB Resolution No. 158 – 2011, and to further promote and enhance relevant and quality nursing education in the country, the amendments to Article XI – Sanctions of CMO 14, s. 2009 on the conduct of monitoring and evaluation of Higher Education Institutions (hereafter “HEIs”) offering Bachelor of Science in Nursing (BSN), the bases for retention and/or phasing-out of nursing programs and corresponding sanctions to be imposed are hereby adopted and promulgated by the Commission, thus:
ARTICLE I RATIONALE
The CHED Memorandum Order No. 14 s. 2009 entitled “Policies and Standards for the Bachelor of Science in Nursing (BSN) program” was issued in order to attain global competitiveness and to keep abreast with global standards, fast-paced trends and changing needs of society- Article XI – Sanctions of CMO No. 14, s. 2009 provide that, the Commission shall revoke any government permit/recognition or deny the issuance of authority to operate nursing program in case of non-compliance by HEIs. Under CMO 14, s. 2009, the initial implementation of the gradual phase out of the nursing program commences in SY 2013-2014, for HEIs with an average passing percentage of below 30% for a three-year period (SY 2010-2013) in the Philippine Nurse Licensure Examination (PNLE).
However, due to certain developments that occurred during the period 2009-2010, the Commission is compelled to review the period of implementation of the gradual phasing out of nursing program under Article Xl-Sanctions. Pursuant to its mandate and authority under R.A. 7722, CHED has initiated amendment to Article Xl-Sanctions of CMO No. 14, s. 2009 “Policies and Standards for Bachelor of Science in Nursing (BSN) Program.”
The results of the PNLE has shown a dwindling and disturbing decline in the national passing percentage indicating that the quality of nursing education has suffered some setback. To date, the result of the latest PNLE shows a very low rating of 35.25%, the lowest recorded from 2006 to present. Further, data of the Department of Labor and Employment show that there is a massive surplus of nursing graduates numbering approximately 280,000, most of whom are currently unemployed/underemployed. Considering the above circumstance, the Commission is called upon to exercise its regulatory jurisdiction as the matter is now imbued with the greatest public interest. The general welfare of the enrolling public comprising of parents, students and those providing material support for their education, are entitled to the protection being currently implemented by the Commission to ensure that only those schools with compliant nursing programs and satisfactory performance in the PNLE will be allowed to operate. Thus, Article Xl-Sanctions of CMO No. 14 s. 2009 shall be hereby amended for purposes of imposition of sanctions for the reasons indicated in this CMO taking to account all the foregoing considerations.
ARTICLE II AUTHORITY OF THE COMMISSION
Section 8 of RA 7722, “Powers and Functions of the Commission” defines the powers and functions thereof, specifically items “d” and “e” as follows:
(d) “Set minimum standards for programs and institutions of higher learning
recommended by panels of experts in the field and subject to public hearing, and enforce the same.”
(e) “Monitor and evaluate the performance of programs and institutions of higher learning for appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation, program termination or school closure.”
The monitoring and evaluation activities to be conducted by the Commission on Higher Education – Professional Regulation Commission (hereafter “CHED-PRC”) on HEIs offering the BS Nursing program aims to:
1. Determine the extent of compliance of nursing schools to existing policies and standards/rules and regulations;
2. Identify possible reasons/causes that contributed to the level of nursing licensure performance of nursing schools;
3. Gather empirical data for possible CHED policy direction in the development/formulation of relevant policies that shall address concerns/problems affecting the nursing profession in the country; and
4. Recommend to the Commission the appropriate actions to be taken on the nursing program that are found to be substandard and with low board performance percentage in the Nurse Licensure Examination (NLE).
5. The authority of the CHED-PRC Joint Monitoring Team shall be that provided under CIVO No. 28 s. 2010 entitled “System and Procedures for the Joint CHED-PRC Inspection and Evaluation of Higher Education Institutions Offering Board Programs.
A. The following shall apply for nursing schools having an average of above 30% passing percentage for (3) consecutive years (Starting 2008, 2009, 2010 and thereafter), which shall be monitored starting 2011 and are determined to be non-compliant with the minimum requirements under CMO No. 30, s. 2001 and CMO No. 14, s. 2009:
1. The minimum requirements set forth under CMO No. 30 s. 2001 (Updated Policies and Standards for Nursing Education) and CMO No. 14 s. 2009 (Policies and Standards for Bachelor of Science in Nursing [BSN] Program) that MUST be complied with during the actual visit/evaluation and implementation of the program include:
a. Dean/Administrator for the Nursing program;
b. Faculty Members vis-a-vis the number of enrolled students satisfying the required faculty ratio for both classroom and RLE;
c. Valid/effective Memorandum of Agreement with qualified Base Hospital and Affiliating Hospitals/Centers;
d. Nursing Arts Laboratory; and
e. Professional nursing books and subscription to the required local and foreign nursing journals.
2. The abovementioned are minimum requirements to operate the BS Nursing program, hence, failure to comply with ANY ONE (1) of the said requirements as stipulated under CMO No. 30, s. 2001 and CMO No. 14, s. 2009 within thirty (30) days after the date the monitoring/inspection was conducted shall subject the HEI concerned to Immediate phase-out/involuntary closure of the Nursing program. In such a case, the concerned HEI shall be directed to facilitate the transfer of all currently enrolled students to CHED-recommended and compliant nursing or other academic programs. Likewise, the concerned CHED Regional Office shall assist in facilitating the said transfer of students.
B. On the other hand, HEIs with BS Nursing programs that are found to have an average passing percentage of 30% and below for a three-year period (starting 2008, 2009, 2010, and thereafter) in the Philippine Nurse Licensure Examination (NLE) shall be issued orders for immediate phase-out in accordance with the provisions of this CMO. The concerned HEI shall be directed to facilitate the transfer of all currently enrolled students to CHED-recommended compliant nursing or other academic programs. Likewise, the concerned CHED Regional Office shall assist in facilitating the said transfer of students.
The provisions of Batas Pambansa Blg. 232, Chapter 1 particularly Section 69 which states that “Sanctions against the schools shall be without prejudice to the interest of the students, teachers and employees” and its pending appeal. Hence, the following are the guidelines for the affected students:
1. The HEI determined to be non-compliant with CMO No. 30, s. 2001 and CMO No. 14. s. 2009 shall be issued an order for immediate phase-out and shall not accept enrollees in the second semester of SY 2011-2012, and subsequent school-years thereafter except for qualified graduating 4lh year students.
2. The HEI shall be ordered to transfer its 1st, 2nd and 3rd year nursing students including irregular 4th year students in the second semester of SY 2011 – 2012 to another HEI with a CHED-recognized and compliant nursing program, upon the choice of the student/s being transferred, and subject to the admission policies of the HEI where the student will be transferred. The concerned CHED Regional Office shall either assist the students of good standing in transferring to another CHED-recognized compliant nursing school, subject to the stated conditions, or encourage the students to shift to another CHED-recognized compliant program offered by their institution.
3. For HEIs that are issued immediate phase-out orders, these shall be allowed to continue offering the program only until March or Summer 2012, for the purpose of allowing all the qualified graduating 4 year students to finish their BS Nursing degree. The President/Head of the HEI shall execute a notarized undertaking that their operations within the allotted period shall be for this sole purpose. The CHED Regional Office shall be responsible for strictly monitoring the operation of the nursing program of HEIs falling under this category and immediately report any violation of its undertaking to the Commission through the Office the Executive Director. Appropriate sanctions shall be imposed for violations under this provision.
4. HEIs not affected by the phase out shall be encouraged to accept the l”, 2nd and 3r0 year students and irregular 4th year students of the HEI with non-compliant nursing programs, and to credit the earned units of the students from their previous schools.
5. Phase-out conducted pursuant to this CMO shall be as prescribed in Section 61, paragraph 3 of the MORPHE, provided that the effectivity thereof shall be in accordance with the provisions of this Article. The Order to phase-out the BS Nursing program shall be immediately executory. The HEI concerned shall be entitled to file one (1) motion for reconsideration stating therein the grounds thereof and its response to the specific adverse findings that led to the phase-out, within (5) days from receipt of the Order of phase-out. The decision of the Commission thereafter shall be final.
ARTICLE V SANCTIONS
Article XI-Sanctions under CMO No. 14 s. 2009 stipulates that non-compliance with the provisions of the CMO shall, after due process, cause the Commission to revoke government permit/recognition or deny issuance of authority to operate the nursing program. Considering the rationale of the Commission in issuing these new guidelines, the implementation of sanctions under Article XI of CMO No. 14 s. 2009 is hereby amended, to read:
Effective 2011, .nursing programs of HEIs whose average passing percentage in the Philippine Nurse Licensure Examination (NLE) is 30% and below for three (3) consecutive examination years (starting 2008, 2009, 2010, and thereafter) shall be immediately phased-out.
For nursing programs of HEIs whose average passing percentage in the (NLE) is above 30% for a three-year period (starting 2008, 2009, 2010, and thereafter), and determined to be non-compliant, the phase-out shall be implemented by the CHED effective SY2011 – 2012, based on the following conditions:
1. The performance of the school shall be based upon the average passing percentage in the NLE obtained within a year. If the school has only one examination undertaken in a year, this shall be considered the annual rating.
2. The three-year average percentage in the NLE that will be utilized for purposes of Article III paragraph B shall be the average of the ratings obtained by the HEIs for three consecutive years.
3. The computation of the passing percentage in the NLE shall only involve the ratings of the examinees who took the NLE for the first time.
SEPARABILITY AND REPEALING CLAUSE
The other provisions of CMO No. 30, s. 2001 and CMO No. 14, s. 2009 not otherwise inconsistent herewith shall remain in force and effect.
All CHED issuances, rules and regulations or parts thereof that are inconsistent with the provisions of this CMO are hereby repealed or amended accordingly.
This CMO shall take effect and shall apply to both public and private HEIs as mandated under CMO 30 s. 2009, fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Quezon City, Philippines, July 29, 2011
(Sgd.) PATRICIA B. LICUANAN, Ph.D.