DRAFT DRAFT DRAFT DRAFT DRAFT CHED MEMORANDUM ORDER (CMO) NO.

: _ 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" x---------------------------------------------------------------------------------------------------------------------------x In accordance with the pertinent provisions of Republic Act (RA) No. 7722,

otherwise known as the "Higher Education Act of 1994," CEB Resolution No. , and to further promote and enhance relevant and quality nursing education in the country, the policies and ". guidelines on the conduct of monitoring and evaluation of Higher Education Institutions (hereafter "HEls") offering Bachelor of Science in Nursing (BSN) and bases for retention and/or phasing-out of nursing

programs 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 for nursing education in the country to be abreast with global standards, fast-paced

trends and changing needs of society. In order that the objectives of this CMO be fully complied with, Article XI -Sanctions provides that in case of noncompliance with the provisions of this CMO, the Commission shall revoke any government permit/recognition or deny the issuance of authority to operate the nursing program. As provided under CMO 14, s. 2009, the initial

implementation of the gradual phase out of the nursing program, for schools with an average of below 30% for a three-year period (SY 2010-2013) in the Philippine Nurse Licensure Examination (PNLE) shall be implemented by theCHEDstarting SY2013-2014. However, due to certain developments that have occurred during the period 20092010, the Commission is compelled to revisit the above stated

transitory provision under Article XI-Sanctions, and pursuant to its mandate and authority under R.A. 7722, initiate the "Proposed Amendment to Article XI-Sanctions of CMO No.14, s. 2009 "Policies and Standards for Bachelor of Science in Nursing (BSN) Program". The results ofthe PNLEhas 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 PNLEshows a very low rating of 35.25%, the lowest Higher Education Development Center Building, C.P. Garcia Ave., UP Campus, Diliman, Quezon City, Philippines Web Site: www.ched.goV.phTel. Nos. 441-1177,385-4391,441-1169,441-1149,441-1170, 441-1216, 392-5296

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 l performance in the PNLEwill be allowed to operate. Thus, the need for the amendment

of Article XI-Sanctions of CMO No. 14 s. 2009, in order that non-compliant nursing programs be monitored by the Commission on Higher Education-Professional Regulation Commission (hereafter "CHED-PRC") Joint Monitoring Team effective SY 2011-2012 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 Section8ofRA7722,"PowersandFunctionsoftheCommission" definesthepowers and functions thereof, specifically items "d" and "e" asfollows: (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 CHED-PRCJoint Monitoring Team on HElsoffering the BSNursing 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 ~I

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-PRCJoint Monitoring Team shall be that provided under CMO No. 28 s. 2010 entitled "System and Procedures for the Joint CHED-PRCInspection

and Evaluation of Higher Education Institutions Offering Board Programs". ARTICLEIII POLICIES A. The following shall apply for nursing schools having an average of above 30% passing rate 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 minirnum requirements set forth under CMO No. 30 s. 2001 (Updated Policies and Standards for Nursing Education) and CMO No. -14s. 2009 (Policies and Standards for Bachelor of Science in Nursing [BSN] Program) that MUST be complied with during the actual visit/evaluation and implementation ofthe program include: a. Presence of

a Qualified Dean/Administrator for the Nursing program; b. Presence of Qualified 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. Presence of simulated hospital set-up for the Nursing Arts Laboratory; and e. At least 900 titles of 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 HEIshall be directed to facilitate the transfer of all currently enrolled students to CHEDrecommended and compliant nursing or other academic programs. Likewise, the concerned CHEDRegionalOfficeshallassistinfacilitating thesaidtransfer ofstudents. B. The following shall refer to performance of graduates in the Nursing

Licensurf. Examination (NLE): b' 3

1. HEls with BS Nursing programs that are found to have an average national 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 HEIshallbedirectedtofacilitate thetransfer ofallcurrently enrolledstudentstoCHEDrecommended compliant nursing

or other academic programs. Likewise, the concerned CHEDRegional Office shall assist in facilitating the said transfer of students. ARTICLE IV TRANSITORY PROVISION The provisions of Batas Pambansa Big. 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. TheHEIthatshall beissuedanorderforimmediatephase-outshallnotacceptfirst year enrollees in the first semester SY 2011-2012, and subsequent school-years thereafter, forthosedeterminedtobenon-compliantwithCMONo.14.s.2009; 2. The HEIshall be ordered to transfer its 2nd and 3rd year nursing students including irregular 4th year students 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 concernedCHEDRegionalOfficeshalleither assistthestudentsofgoodstandingin 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 HEls that are issued

immediate phase-out orders, these shall be allowed to continue offering the program only until March or Summer 2012, and subsequent school-years thereafter, for the purpose of allowing all the qualified graduating 4th year students to finish their BSNursing degree. The President/Head of the HEIshall execute a notarized undertaking that their operations within the alloted period shall be for this sole

purpose. The CHEDRegional Office shall be responsible for strictly monitoring the operation of the nursing program of HElsfalling 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. HElsnotaffectedbythephaseoutshallbeencouragedtoacceptthe2ndand3rdyear 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. ~. 4

.: 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 BSNursing programshallbeimmediately executory.TheHEIconcernedshallbeentitledtofile 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 fin~1. ARTICLEV 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. 14s. 2009 is hereby amended, to read: Effective 2011, nursing programs of HEls whose average national 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 HEls whose average in the (NLE) is above 30% for a three-year period (starting 2008, 2009, 2010, and thereafter), the phase-out shall be implemented by the CHED effective SY 2011 -2012, subject to

the following guidelines: 1. The CHED-PRCJoint Monitoring Team shall conduct the visitation for purposes of evaluation and base their recommendations on the provisions of Article 11/ paragraph A of this CMO. 2. The performance of the school shall be based upon the average rating obtained within a year, namely, ratings in the June and December examinations. If the

school has only one examination undertaken in a year, this shall be considered the annual rating. \ . 5

3. The average national passing percentage that will be utilized for purposes of Article IIIparagraph B shall be the average of the ratings obtained by the HEls for -three consecutive years consisting of two (2) examinations per year i.e. June and December, or a total of six (6) examinations. ARTICLE VI SEPARABILITY AND REPEALING CLAUSE

The other provisions of CMO No. 14, s. 2009 not otherwise inconsistent herewith shall remain in force and effect. ". All CHEDissuances, rules and regulations or parts thereof that are inconsistent with the provisions of this CMO are hereby repealed or amended accordingly. ARTICLE VII EFFECTIVITY CLAUSE This CMO shall take effect and shall

apply to both public and private HEls 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, _ PATRICIA B. LlCUANAN, Ph.D. Chairperson cr CPU central/Nursing/201lIRevised Guidelines to BSN PSG.3 24 II.doc 6