Regulation of the Nursing Profession Decree 1655 amended by virtue of Law # 82/10

Transcription

1 Regulation of the Nursing Profession Decree 1655 amended by virtue of Law # 82/10 Putting the urgent law project, referred to the parliament according to Decree number 1077 of 18/3/1978, which aims to regulate the nursing profession, into effect The President of the Republic, According to the constitution and in particular its article # 58, And since the Government has referred to Parliament, under decree # 1077 dated 18/3/78, the urgent project of law aiming at regulating the profession of nursing, And as more than 40 days have elapsed since the transmission of the said urgent project of law to parliament without taking any decision, According to the proposal of the Minister of Health, And after approval of the Council of Ministers dated 3/1/1979, Decides the following: Article 1: Putting into effect the urgent law project referred to Parliament under decree #1077 dated 18/3/1978 aiming at regulating the profession of nursing, the text of which is as follows: Part one : Registered Nurse Chapter one: Definition of the Registered Nurse and his/her functions Article one: Definition of the Registered Nurse He/she is the person who has completed the study of a basic program in the field of nursing, and became qualified and certified to practice the nursing profession on the Lebanese territory, in view of his/her leadership and planning role in the field of nursing, in addition to his/her capabilities to work as a member in a medical team. Article two: Functions of the Registered Nurse 1 Exercise nursing duties within the scope of his/her studies, the general and specific nursing regulations, according to his/her abilities and scientific qualifications. 2 Teach nursing students within the field of his work and provide health instructions. 1

2 3 Contributing to the implementation of general health policies within the limits of his/her capabilities, responsibilities and functions; and suggest needed nursing services. 4 Participating in the nursing research aiming at the development and advancement of these sciences. Chapter two: practicing the profession of Registered Nurse Article three: Nobody is entitled to assume the title of Registered Nurse, unless he/she meets the following conditions: 1- He/she must be Lebanese and has reached nineteen years of age. 2- He/she should be holding the Lebanese baccalaureate certificate (Part two) or its official equivalent. 3- He/she should be holding a University Degree in nursing from a university acknowledged by the Lebanese Government, provided that the university studying period is not less than three years. (The following text has been added to paragraph 3 of article 3, by virtue of Law # 10/82 dated 2/2/1982) Or a high diploma in nursing issued from the Ministry of Vocational and Technical Education General Directorate of Vocational and Technical Education in which the duration of study and programs are duly specified by decree adopted in the Council of Ministers. 4- He/she must have the necessary health, ethical and mental capacities that enable him/her to practice the nursing profession. Article four: Nobody is entitled to practice the profession of Registered Nurse unless he/she has obtained a license from the Ministry of Health after submission of the following documents: 1- True copies of the documents proving that the conditions imposed in Article 3 of this law are fully met. 2- Copy of his/her criminal record free from any sentence for committing a felony, or an attempt to commit felony, or any indecent misdemeanor. 3- A testimony proving that he/she has successfully passed the colloquium examination conducted by the Ministry of National Education and Fine Arts. 4- (The following text has been added to paragraph 3 of the Article 3, by virtue of law # 10/82 dated 2/2/1982) 5- Holders of the high diploma in nursing issued from the Ministry of National Education and Fine Arts are exempted from this condition. 2

3 Part two: The nurse Chapter one: Definition and functions of the Nurse Article five: Definition of the nurse and his/her functions. He/she is the person who has received scientific and technical preparation that enable him/her to provide general but not complex nursing care, and who works under the supervision of the registered nurse. Article six: Functions of the Nurse 1- Knows the basic needs required by the people he/she is entrusted with their care. 2- Contribute in putting a program for the care of these people, along with his fellow staff. 3- Convey correct and accurate observations. 4- Implement instructions of the nurse-in-charge or the treating physician, with full awareness and caution. 5- Contribute with the other members of the medical body in the care of public health, prevention of disease, and rehabilitation of patients. Chapter two: practicing the nursing profession Article seven: Nobody is entitled to assume the title of Nurse, unless he meets the following conditions: 1- He/she must be Lebanese and has reached seventeen years of age. 2- He/she should be holding the Lebanese intermediate studies certificate (Brevet-Grade 9) or its official equivalent. (Article one of Law # 10/82 dated 1/2/ Amendment of the Nursing Profession Law: Exempted from the requirement of holding an intermediate school certificate or its official equivalent, stipulated in articles 7 and 11 of the project of law put into effect by decree # 1655 dated 17/1/79, are students enrolled in an officially recognized nursing school during the academic years , , , , and substituted by a school testimony duly certified by the Ministry of National Education and Fine Arts proving the successful completion of the intermediate stage) 3- He/she must have completed the nursing studies in an officially recognized nursing school, and successfully passed the technical baccalaureate certificate (Part II) - Nursing Care. 3

4 4- The nurse holding a nursing degree from outside Lebanon must obtain its equivalence and succeed the colloquium examination conducted by the Ministry of Education. 5- He/she must have the necessary health, ethical and mental capacities that enable him/her to practice the nursing profession 6- He/she must not be convicted for committing a felony or an attempt to commit felony, or any indecent misdemeanor, and must produce copy of his/her criminal record to prove that. Nobody is entitled to practice the profession of Nurse unless he has obtained a license from the Ministry of Health after submission of a true copy of documents proving that the conditions imposed in this article are met. Article eight: The Nurse is entitled to follow-up academic nursing education to acquire the title of Registered Nurse and shall be exempted from holding the Lebanese baccalaureate certificate Part II or its equivalent. Part three: The Nurse Assistant Chapter one: definition of the Assistant Nurse. Article nine: He/she is the person who has obtained the scientific qualifications and the vocational training that enable him/her to assist the nursing team and deliver nursing care. Article ten: Functions of the Assistant Nurse 1- Ensure the physical and psychological comfort of the people he is entrusted with. 2- Know the patient s natural needs and he/she must observe the physiological and psychological changes that may occur on the patient s health. 3- Convey his verbal or written observations to the nurse-in-charge. 4- Provide the necessary health care under the supervision and responsibility of the registered nurse, or nurse. 5- Ensure the cleanliness and orderliness of all places where he/she works. Chapter two: Practicing the profession of Nurse Assistant Article eleven: Nobody is entitled to assume the title of Nurse Assistant, unless he/she meets the following conditions: 4

5 1- He/she must be Lebanese and has reached the legal age to work. 2- He/she should be holding the Lebanese intermediate studies certificate (Brevet-Grade 9) or its official equivalent, in addition to one academic year in a nursing school or a hospital for which the Ministry of National Education and Fine Arts has agreed to implement the program prepared by the latter specifically for this purpose. 3- He/she must have passed successfully the official vocational examinations conducted by the Ministry of National Education and Fine Arts. 4- He/she must have the necessary health, ethical and mental capacities that enable him/her to carry out his functions. 5- He/she must not be convicted for committing a felony or an attempt to commit felony, or any indecent misdemeanor, and must produce copy of his/her criminal record to prove that. Nobody is entitled to practice the profession of Nurse Assistant unless he has obtained a license from the Ministry of Public Health, after submission of a true copy of documents proving that the conditions required in this article are met. Part four: Non-Lebanese Nurse Article twelve: The non-lebanese nurse licensed to practice the profession in his/her country, and sent by an entity, institution or international organization licensed to operate in Lebanon, may practice the profession within the scope of the functions entrusted to him. Article thirteen: The non-lebanese nurse, member of educational bodies for teaching in Lebanese nursing schools, may practice the profession of teaching nursing within the two following conditions: 1- He/she should be licensed to practice the nursing profession in his/her country. 2- He/she should sign a project of employment contract for a specified period of time with a nursing school in Lebanon whereby he devotes himself to teach nursing, and he shall not be entitled to receive an allowance on his salary, remuneration for his own account for a professional work performed inside or outside the school. Article fourteen:the non-lebanese nurse may practice training in the field of nursing in Lebanon under the following conditions: 5

6 1- He/she should be licensed to practice the nursing profession in his/her country and should succeed the colloquium examination conducted by the Ministry of National Education and Fine Arts. 2-He/she should have signed a project of contract of employment for a determined period with a hospital in Lebanon, through which he devotes himself for training, and he shall not be entitled to receive any allowance on his salary, or remuneration for his own account for a professional work performed inside or outside the hospital. Article fifteen: 1- The percentage of foreign nurses in each nursing school or training hospital shall not exceed 20%. 2- Each school or hospital wishing to employ a non-lebanese nurse must register him/her at the Ministry of Public Health and inform the Ministry at the end of service date. 3- The duration of residence in Lebanon for foreign nurse educators and trainers is limited to 3 years, renewable by decision of the Minister of Public Health. Part five : Specialization Article sixteen: Every registered nurse holding a specialized diploma issued by an officially recognized university or scientific institution is considered a Nurse Specialist, provided that this diploma is the same as that delivered to country nationals where this university or scientific institution which delivered the specialization diploma is located. Types of specialization and duration of study will be determined by a decree. Part Six : Professional secrecy Article seventeen: Nurses shall maintain professional secrecy according to the conditions stipulated in article 579 of the penal code. 6

7 Part seven: Prohibition from exercising the profession Article eighteen: Any nurse convicted for felony or an attempt to commit felony or any indecent misdemeanor or proved to have mental disorder or addicted to alcoholic beverage or drug abuse, shall not, under penalty of sanctions, exercise the profession, and his license shall be withdrawn by justified decision from the Minister of Public Health. This decision may be abolished when the Ministry will get proof that the reasons mentioned in this article are demised. Part eight : Transitional provisions Article nineteen: The title of Nurse is given to whoever is holding a license to practice the profession of legal nurse before 1970 and his/her diploma is equivalent to the technical baccalaureate Part II- nursing care branch, and shall benefit from the provisions of article eight of this law. Article twenty: The legal nurse registered at the Ministry of Public Health before issuing this law, and holding the Lebanese baccalaureate certificate Part II or its official equivalent, and holding a certificate in the study of nursing for three years in a nursing school, is considered a licensed Nurse. Part nine :Sanctions Article twenty-one: Whoever exercises the nursing profession in an illegal way or assumes the title of nurse illegally shall be subject to the application of the sanctions stipulated in article 393 of the penal code. Article twenty-two: Anyone carrying a nursing badge in an illegal way shall be subject to the application of the sanctions stipulated in articles 94 and 95 of the penal code. Article twenty-three:in cases other than the ones stipulated in article 15 of this law, The Ministry of Public Health is entitled to suspend from work by justified decision, or to withdraw definitely the license to exercise nursing from whoever has proved to act in a way affecting this profession or in contradiction with its dignity or interest. In cases of wrongdoing, the sanctions contained in articles 94 and 95 of the penal code shall be applied. The decision of the Minister may be appealed in accordance with the regulations in force. 7

8 Part ten: How to open schools for the science and art of nursing Article twenty-four:the following conditions shall be determined by decree issued by the Council of Ministers according to the proposal of the Minister of National Education and Fine Arts and the Minister of Public Health during the six months following the issuance of this law, to open schools for the science and art of nursing: 1- Construction and equipments specifications. 2- Administration of these schools. 3- Appointment of teaching staff. 4- Admission of students in these schools. 5- Curricula of theoretical and practical studies. Article twenty-five: All provisions in contradiction with the provisions of this law or non-compliant with its contents and particularly law # 50/66 dated 26/8/1966 shall be considered null and void. Article twenty-six: This law enters into force immediately after its publication in the Official Gazette. Art. Two: This decree is published and communicated when necessary, and enters into force immediately after its publication in the Official Gazette. Issued by the President of the Republic Baabdah, Jan. 17 th 1979 Signature: Elias Sarkis The Prime Minister Signature: Salim Al Hoss The Minister of Public Health Signature: Ibrahim Shaito Amendment on the nursing profession The parliament has approved, The President of the Republic has published the following law: Article one: Exempted from the requirement of holding an intermediate school certificate or its official equivalent, stipulated in articles 7 and 11 of 8

9 the project of law put into force by decree # 1655 dated 17/1/79, are students enrolled in an officially recognized nursing school during the years , , , , and substituted by a school statement certified by the Ministry of National Education and Fine Arts proving the successful completion of the intermediate stage. Article two:the following text has been added to the text of paragraph 3 related to article three of the project of law put into effect by virtue of decree # 1655 dated 17/1/1979: Or a high diploma in nursing issued from the Ministry of National Education and Fine Arts Directorate General of Vocational and Technical Education in which the duration of study and programs are duly specified by a decree adopted in the Council of Ministers. Article three: The following text has been added to the text of paragraph 3 related to article four of the project of law put into force by virtue of decree # 1655 dated 17/1/1979: Holders of the high diploma in nursing issued from the Ministry of National Education and Fine Arts are exempted from this condition. Article four: The text of article eight of the project of law put into effect by decree # 1655 dated 17/1/1979 has been amended as follows: The Nurse is entitled to follow undergraduate university nursing studies or to acquire the title of Registered Nurse, and is exempted from holding the Lebanese baccalaureate certificate Part II or its official equivalent. Article five: This law enters into effect from the date of publishing in the official gazette. Issued by the President of the Republic Baabdah, Feb. 2 nd, 1982 The Prime Minister Signature: Elias Sarkis Signature: Chafic Al Wazzan The Minister of National Education and Fine Arts Signature: Rene Mouawad The Minister of Public Health: Signature: Nazih Al Bizri 9