Guidelines in the Conduct of Inspections and Monitoring of Educational Institutions and Establishments

March 11, 2013

PRC RESOLUTION NO. 732-13

GUIDELINES IN THE CONDUCT OF INSPECTIONS AND MONITORING OF EDUCATIONAL INSTITUTIONS AND ESTABLISHMENTS

WHEREAS, Section 5 of Republic Act No. 8981, called the "PRC Modernization Act of 2000", provides that "The Chairperson of the Commission, and the Commissioners as members thereof shall sit and act as a body to exercise general administrative, executive and policy-making functions of the Commission."

WHEREAS, Section 8 (q) of the "Rules and Regulations to Implement the Provisions of Republic Act No. 8981, provides that one of the powers, functions and responsibilities of the Commission is to "[t]o adopt and promulgate such rules and regulations as may be necessary to effectively implement policies with respect to the regulation and practice of the professions."

WHEREAS, there is an urgent need to promulgate guidelines to govern the conduct of inspections and monitoring of educational institutions and establishments.

WHEREAS, after series of consultations, the members of the Committee on the Revision of Guidelines on the Conduct of Ocular Inspection pursuant to Office Order No. 2013-59, dated February 4, 2013, had agreed to adopt a set of guidelines in the conduct of inspections and monitoring of educational institutions and establishments, which has been recommended for adoption by the Commission.

Now, therefore, the Commission hereby RESOLVES, as it now RESOLVED, to issue and promulgate the "Guidelines in the Conduct of Inspection and Monitoring of Educational Institutions and Establishments", as follows: DACIHc

ARTICLE I

General Provisions

SECTION 1. Title. — This resolution shall be known as the "Inspection and Monitoring Guidelines", or the "Guidelines".

SECTION 2. Coverage. — These guidelines are promulgated by the Professional Regulation Commission (PRC) to govern the inspection and monitoring of educational institutions and establishments by the various Professional Regulatory Boards (PRBs) as provided by their respective professional regulatory laws.

The inspection and evaluation of Higher Educational Institutions (HEIs) shall be in accordance with the Commission on Higher Education (CHED) Memorandum Order (CMO) No. 28, Series of 2010, referred to as the "Systems and Procedures for the Joint CHED-PRC Inspection and Evaluation of Higher Education Institutions Offering Board Programs".

SECTION 3. Purpose. — Inspection and monitoring of HEIs and establishments are anchored on the mandate of the Commission and the regulatory authority of the PRBs over the practice of the professions within the context of development regulation.

These guidelines are set to ensure that:

a. all government-accredited educational institutions offering degree programs that require licensure examinations comply with the policies, standards and minimum requirements of the PRC and the CHED;

b. all establishments whether public or private, where registered/licensed professionals are employed or engaged as consultants, hold valid certificates of registration and professional identification cards, and conform with the provisions of the various professional regulatory laws;

c. all government-accredited educational institutions and establishments whether public or private, which employ foreign professionals comply with PRC Resolution No. 668, Series of 2012; and TCDHaE

d. all non-compliant educational institutions and establishments are properly informed of their deficiencies/violations and guided towards full compliance at the soonest possible time.

SECTION 4. Basic Policies and Principles. — These guidelines are issued pursuant to the powers of the PRC and the PRBs to formulate regulatory measures, programs and activities in the promotion of social protection, public welfare and social responsibility.

ARTICLE II

Procedures in the Conduct of Inspection

SECTION 5. Pre-Inspection. —

5.1 Annual Schedule of Inspections. The PRB shall submit a proposed annual inspection schedule of all establishments and educational institutions to be inspected and monitored in the succeeding year to the Office of the Commission Chairperson through the Commissioner-in-Charge on or before December 1.

 The annual list shall be contained in a resolution signed by all the members of the Board.

 On or before January 31, of the current year, the Standards and Inspection Division (SID) shall inquire in writing from the CHED with regard to the approved schedule of inspections. Upon receipt of the approved list, the SID shall inform the PRB concerned.

5.2 Requests for Inspection of Establishments. To carry out the inspections listed in the annual schedule, the PRB shall submit a written request to the Office of the Commission Chairperson through the Commissioner-in-Charge at least twenty-one (21) working days prior. The Commission shall act upon the request within three (3) working days from receipt thereof. (SID Form No. 01).

 PRBs may file a request for joint inspection. CAacTH

5.3 For provincial inspections, the SID shall upon receipt of the request, inform the PRC Regional Office and coordinate with the same for logistical requirements. The Regional Office concerned shall submit to the SID the name of the representative and driver within two (2) working days from receipt of advice.

5.4 Approval. Upon approval of the written request, the SID shall prepare the necessary Travel Order. (SID Form No. 02).

5.5 Itinerary and Travel Documents. The PRB shall prepare the necessary itinerary, other pertinent travel arrangements such as booking of tickets and hotel, and documents for the conduct of inspection.

SECTION 6. Inspection Proper. —

6.1 Briefing. The Inspection Team shall on the day of the inspection bring the Travel Order and the Inspection and Monitoring Work Program (SID Form No. 03).

 Before the conduct of the actual inspection, the PRB shall present and discuss the work program with the person-in-charge of the establishment.

 The person-in-charge of the establishment should be present during the inspection.

6.2 Exit Conference. The Inspection Team shall present to and discuss with the person-in-charge its findings and recommendations including re-inspection and compliance time tables. The Team shall request the person-in-charge to conform to the findings and recommendations or note his/her refusal to acknowledge receipt of the report. In all cases, the SID shall send a copy of the Team's Inspection and Monitoring Report (SID Form No. 03) to the Head or Official of the establishment.

SECTION 7. Refusal to Acknowledge Authority to Inspect. — In the event the establishment refuses to acknowledge the authority of the Inspection Team to conduct the inspection, the PRB shall submit a report (SID Form No. 05) to the Commission for appropriate action. CIDaTc

Where the cancellation or postponement is due to a fortuitous event, the PRB shall notify the SID at least one (1) week after for the rescheduling of the inspection.

SECTION 8. Post-Inspection. —

8.1. Issuance of a Certificate of Compliance. If the establishment is found to be compliant, the PRB shall recommend the issuance of a Certificate of Compliance in the form of the PRC Quality Seal (PQS) upon payment of the prescribed fee. The certificate of compliance shall be valid for a period of three (3) years.

8.2. Submission of Evaluation Tool. The PRB representative in the CHED Technical Committee shall submit to the SID a copy of the evaluation tool used in the Joint PRC-CHED Inspection within ten (10) working days from the completion of the inspection.

8.3. Minor and Major Deficiencies/Violations. The PRB shall list the deficiencies/violations noted during the inspection and classify them as minor or major non-compliance.

 The corrective actions of the PRB shall be in accordance with Annex "1", which forms an integral part of these Guidelines.

ARTICLE III

Inspection and Monitoring Report, and Liquidation Report

SECTION 9. Inspection Report. — The PRB shall submit the Inspection and Monitoring Report within ten (10) working days after the inspection. All the members of the Inspection Team shall sign the report. A copy of the report shall be furnished to the other members of the PRB and the SID.

Where fake professionals are found practicing in the establishment located in the region, SID shall also furnish a copy of the report to the office of the Regional Director for appropriate action.

SECTION 10. Prosecution of Fake Professionals and Erring Establishments. — The PRB with the assistance of the Legal and Investigation Division may file a criminal complaint against fake professionals and erring establishments. AaSTIH

SECTION 11. Liquidation Report. — For inspections outside of Metro Manila, the Inspection Team shall submit a duly-signed liquidation report (SID Form No. 04) to the Accounting Division within ten (10) working days from the completion of travel. Liquidation of prior inspections shall be a pre-requisite for succeeding inspections.

ARTICLE IV

Final Provisions

SECTION 12. Separability Clause. — If any provision of this Resolution or any portion thereof, is declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part thereof.

SECTION 13. Effectivity. — The herein Resolution shall take effect after fifteen (15) days following its full and complete publication in the Official Gazette or major newspaper of general circulation.

Done in the City of Manila, this 11th day of March, 2013.

 

(SGD.) TERESITA R. MANZALAChairperson

 

(SGD.) JENNIFER JARDIN-MANALILICommissioner

 

(SGD.) ALFREDO Y. POCommissioner

ANNEX 1

 

Matrix of Deficiencies/Violations

 

Deficiencies/Violations	Major	Minor	Corrective Action/s
1.	Person(s) not licensed or	/		Report incident of illegal practice to
	registered as required by			NBI through the Legal and
	law			Investigation Division.
				Send communication to local
				government unit (LGU) or other
				appropriate government agencies
				regarding the violation.
2.	Qualifications/skills of the	/		Send communication to LGU/other
	professional do not			appropriate government agencies
	conform with the legal
	requirements			Undertake a re-inspection
3.	Absence/Lack of facilities	/		Send communication to LGU/other
	or required inventory			appropriate government agencies
				Undertake a re-inspection
4.	Insufficient number of	/		Undertake a re-inspection
	professionals on duty
5.	Outdated tools/facilities/		/	Require establishment preventive
	equipment/instruments			maintenance procedures and
				records
				Require educational institutions
				and establishment to update
				instrument/s
				Undertake re-inspection
				Send communication to LGU/
				appropriate government agencies
6.	Expired Professional	/		Require the institution or
	Identification Cards			professional to submit a
				compliance report on the renewal
				of professional identification cards
7.	Certificate(s) of registration	/		Undertake re-inspection
	of employed professionals
	are not posted in the			Require establishment to submit
	office/clinic			proof of compliance
				Coordinate with the appropriate
				government agency
8.	Non-existent program as		/	Require establishment/schools to
	required by law			submit program
9.	Inadequate Library	/		Require establishment to submit
	Collection (for Boards			proof of compliance
	concerned)

 

Published in the Official Gazette, Vol. 109, No. 13, page 2159 on April 1, 2013.