- Amendments to Article XI-Sanctions of CMO No. 14, s. 2009
- CHED Memorandum Order No. 018-11
July 29, 2011
CHED MEMORANDUM ORDER NO. 018-11
|SUBJECT||:||Amendments to Article XI-Sanctions of|
In accordance with the pertinent provisions of DHSCEc
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 XI-Sanctions. Pursuant to its mandate and authority under
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 XI-Sanctions of
Authority of the Commission
Section 8 of
(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." DSIaAE
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
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
1. The minimum requirements set forth under
a. Dean/Administrator for the Nursing program;
b. Faculty Members vis- -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. SCETHa
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 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 "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
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 4th 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. SAcCIH
4. HEIs not affected by the phase out shall be encouraged to accept the 1st, 2nd and 3rd 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 XI-Sanctions under
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 SY 2011-2012, 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
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 HTDCAS
Quezon City, Philippines, July 29, 2011.
(SGD.) PATRICIA B. LICUANAN, Ph.D.