CHED Memorandum Order No. 18, s.

2011
July 29, 2011
Tags: Commission on Higher Education, departmental issuances

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PRESIDENT

COMMISSION ON HIGHER EDUCATION

CHED MEMORANDUM ORDER (CMO)

No. 18

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.

ARTICLE III

POLICIES

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.

ARTICLE IV

TRANSITORY PROVISION

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 4 lh year
students.

2. The HEI shall be ordered to transfer its 1 st, 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.

ARTICLE VI

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.

ARTICLE VII

EFFECTIVITY CLAUSE

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.

Chairperson

RESOURCES

[PDF]
o CHED Memorandum Order No. 18, July 29, 2011