1996 (January 25)
Official Gazette No. 42710, of 5 February 1996
Whereby the nursing profession in Colombia is regulated and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.
OBJECT AND PRINCIPLES OF PROFESSIONAL PRACTICE
ARTICLE 1o. OBJECT. This Law regulates the exercise of the nursing profession defines the nature and purpose of the profession, determines the scope of professional practice, develops the principles that govern it, determines its governing bodies of management, organization, accreditation and control exercise professional and obligations and rights arising from its application.
. PRINCIPLES OF PROFESSIONAL PRACTICE. They are general principles of professional nursing practice, principles and core values that the Constitution consecrates and those that guide the health system and social security for Colombians.
Are specific principles of nursing practice the following:
1. Comprehensiveness. Orients the process of nursing care to the individual, family and community with a unified vision to meet their physical, social, mental and spiritual dimensions.
2. Individuality. Ensures nursing care that takes into account the socio-cultural characteristics, historical and values of the individual, family and community it serves. It lets understand the environment and the individual needs to provide humanized nursing care with respect for cultural diversity and the dignity of the person without any discrimination.
3. Dialogicity. Based nurse-patient interaction, family, community, essential element of the process of nursing care that ensures effective, respectful communication, based on symmetrical interpersonal relations, conducive to participatory dialogue in which the person, the family and the community express freedom and confidence their needs and expectations of care.
4. Quality. Orienta nursing care to provide efficient and effective support to the individual, family and community, based on technical and scientific, social, human and ethical values and standards.
The quality is reflected in the satisfaction of the wearer of the nursing service and health and satisfaction of nursing staff providing the service.
5. Continuity. Orients the dynamics of work organization to ensure that nursing care to the individual, family and community are given without temporary interruption during all stages and processes of life, in times of health and illness.
It is complemented by the principle of opportunity that ensures that nursing care are given when individuals, families and communities request, or when they need to maintain health, prevent disease or complications.
PARÁGRAFO. Nursing practice is based in general on ethical and moral principles and respect for human rights.
OF NATURE AND SCOPE OF EXERCISE
ARTICLE 3. DEFINITION AND PURPOSE. Nursing is a profession and a discipline of social character, whose subject of attention are the individual, family and community, with their sociocultural characteristics, needs and rights as well as the physical and social environment influences health and on welfare.
The exercise of the nursing profession has as its general purpose to promote health, prevent disease, involved in the treatment, rehabilitation and recovery of health, relieve pain, provide welfare measures and contribute to a dignified life person.
Bases his practice in solid and updated knowledge of the biological, social and human sciences and their own theories and technologies.
It aims to provide comprehensive health care to the individual, the family, the community and their environment; help develop individual and collective potential to the maximum, to maintain healthy lifestyle practices that safeguard an optimal state of health at all stages of life.
ARTICLE 4. Scope of practice. The nurse exerts its practice within an interdisciplinary, multidisciplinary and transdisciplinary dynamics, it contributes to the sectoral and intersectoral work knowledge and skills acquired in their university and updated through experience training, research and continuing education.
The nurse performs its functions in the areas where people live, work, study, recreates and develops, and institutions that directly or indirectly serve health.
TECHNICAL NATIONAL COUNCIL OF NURSES
The 5th ITEM. TECHNICAL NATIONAL COUNCIL OF NURSES. Create the National Technical Nursing Council as a permanent body management, consultation and advice from the national government, local authorities and nursing organizations in relation to development policy and practice of the nursing profession in Colombia .
ARTICLE 6o. FUNCTIONS. The functions of the National Technical Board of Nursing as follows:
1. Analyze the nursing needs of the Colombian population and propose goals and care plans in the short, medium and long term at all levels of health care.
2. Propose policies and provisions for training, updating, distribution and use of nursing human resources.
3. Define standards and criteria for establishing quality standards for providing nursing care.
4. Define minimum staffing plans health services in relation to nursing staff.
5. Projective develop plans for nursing care in accordance with the socio-economic, technical, scientific and social security system in health.
6. Provide guidelines for the development of nursing research.
7. Establish criteria to ensure proper working conditions, welfare and safety practice.
8. Establish requirements for membership of the Court of Ethics of Nursing, open call, elect their members and submit them to the Ministry of Health for ratification.
9. Regulate the departmental technical advice.
10. Give your own rules and organization.
ARTICLE 7. INTEGRATION. The National Technical Board of Nursing, will be composed of:
1. The Minister of Health or his delegate.
2. The Minister of Education or his delegate.
3. Two representatives of the National Nurses Association of Colombia, ANEC.
4. Two representatives of the Colombian Association of Colleges of Nursing ACOFAEN.
5. A representative of the Association of Users of Health Services. PARAGRAPH 1.
. The appointment of representatives will make the entities mentioned in the previous article, within six months after the enactment of this Act, and representatives of the above associations shall be elected for a period of 2 years and may be elected by just one time. PARAGRAPH 2.
. The representative of the Association of Users of health services, the Association shall appoint the largest number of existing partners in the country. Effective Notes
Article 8. TECHNICAL ADVICE DEPARTMENT OF NURSING. Créanse Technical Departmental Councils of Nursing, in the capitals of the departments, according to the gradualness, and consistent with the need to regulate the National Technical Council of Nursing.
Article 9. INTEGRATION OF TECHNICAL ADVICE DEPARTMENT OF NURSING. Technical Departmental Nursing Councils shall be composed of:
1. Departmental Secretary of Health or his delegate.
2. The Departmental Secretary of Education or his delegate.
3. Two representatives of ANEC branch of each department.
4. The Dean or his delegate nursing faculty of the Department, and if there are several schools of nursing one among them will be chosen.
5. A representative of the Association of Colleges of Nursing Department ACOFAEN.
6. A representative of the Association of Users of health services and in case there are more than one shall designate the association with more partners.
PARÁGRAFO. If there be no departments in the School of Nursing, the designation will be replaced by a professional member of the ANEC sectional nursing. Representatives of the above associations, and the appointment of the dean of nursing When there are two more than two nursing schools be elected for a period of two years and may be elected only once.
THE COURT OF ETHICS OF NURSING
ARTICLE 10. THE NATIONAL COURT ETHICAL NURSING. Create the National Nursing Ethics Court with authority to hear, ethical and professional disciplinary proceedings that arise in the practice of those who practice nursing in Colombia.
PARÁGRAFO. To fulfill the above skills and to establish their specific functions, the Ethical National Court of Nursing, shall refer to the provisions of the Code of Ethics of Nursing, in the legal system established by this Act and its regulations in accordance with the constitutional and legal rules on the subject.
ARTICLE 11. FUNCTIONS. The functions of the National Court Nursing Ethics as follows:
1. Effective Notes
2. Open investigations on its own initiative or requested by the natural or legal persons due to faults in nursing practice. The collected evidence and the results of the investigations conducted by the Court, will have the probative value assigned by law to the competent authorities.
3. Select suitable experts to conduct investigations of cases involving failures in nursing practice.
4. Establish the procedure for natural and legal persons raise their complaints and requests for investigation and punishment.
5. Establish categories of sanctions and criteria for their application.
6. Notify the Ministry of Health, the trainers entities nurses and associations of nurses, the lack of higher occurrence in the course of practice, so that preventive or corrective measures to ensure adoption quality same.
7. Establish procedures, resources and failures necessary for the investigation and trial.
8. Maintain coordination with the Courts of Ethics of the health professions and related industries.
9. Create and regulate the creation of the Courts of Departmental Nursing Ethics.
10. Submit to the Ministry of Health and local authorities, the annual budget for the functioning of the Courts of National and Departmental Ethics Nursing
11. Its own regulations and organization.
ARTICLE 12. INTEGRATION. The National Nursing Ethics Tribunal shall consist of seven (7) members, nurses, recognized professional qualifications and ethical and moral standing, with no less than ten (10) years of professional experience. PARAGRAPH 1.
. The National Technical Board of Nursing elect the members of the Ethics National Court Nursing and submit them to the Ministry of Health for ratification at a time no longer than 30 days, and for allocating resources and start operation in fiscal year following the enactment of this Act.
PARAGRAPH 2.. Créanse Courts Ethical Departmental Nursing in the capitals of the departments, which will begin their functions according to the gradualness, need and resource allocation by departments, according to the law and regulations that the Ethical National Court of Nursing made to respect.
CHAPTER V. REGISTRATION OF NURSING PROFESSIONALS
ARTICLE 13. REGISTRATION AND REGISTRATION OF PROFESSIONAL NURSES IN COLOMBIA. The National Association of Nurses of Colombia, ANEC is authorized for registration and the only national registration, who exercises the nursing profession in Colombia body.
By virtue without prejudice to its own organizational structure, the National Nurses Association of Colombia, ANEC, establish the organization and mechanisms for fulfilling the purpose of these functions, in accordance with existing legislation.
They may also perform these functions, other professional nursing associations of the same qualities of ANEC and which are recognized by the national government.
ARTICLE 14. REQUIREMENTS FOR REGISTRATION. The National Association of Nurses of Colombia, ANEC, registered as nurses who meets the following requirements:
1. Accredits nursing degree issued by an institution of Colombian university higher education, recognized by the National or Government
2. Attesting the recognition of university nursing degree, issued by foreign university corresponding to nursing college, or
three. Who prior to the effective date of this Act has obtained card as a college nurse, issued by the Ministry of Health, or the respective secretariats of health.
PARÁGRAFO. Registration as a nurse is credited with the professional card to be issued in accordance with the relevant regulations.
ARTICLE 15. REGISTRATION AS PROFESSIONAL NURSING POSTGRADUATE. The National Association of Nurses of Colombia, ANEC, registered as professional postgraduate nursing, nursing professionals attesting the title corresponding graduate, issued by university recognized by the Government or attesting the recognition of graduate degree issued by foreign university.
PARÁGRAFO. The professional nursing graduate, is credited with the professional card to be issued in accordance with the relevant regulations.
ARTICLE 16. ACCREDITATION OF TRAINING PROGRAMMES NURSING PROFESSIONALS. The Colombian Association of Colleges of Nursing, ACOFAEN, is authorized to perform the accreditation of college nursing programs and graduate, offered by institutions of higher education in Colombia body.
As such, without prejudice to its own organizational structure, the Colombian Association of Colleges of Nursing, ACOFAEN, establish the organization and mechanisms for fulfilling the purpose of the accreditation system of educational programs, in accordance with the provisions legal force.
DEFINITION OF POWERS, RESPONSIBILITIES, CRITERIA
QUALITY CARE PROFESSIONALS AND RIGHTS
ARTICLE 17. COMPETENCE OF PROFESSIONAL NURSES IN COLOMBIA. According to the principles, definition, purpose, scope and social nature of the exercise and for the purposes of this Act, the nurse shall exercise the following powers:
1. Participate in the formulation, design, implementation and monitoring of policies, programs, plans and projects in health care and nursing.
2. Establish and develop policies and models of nursing care in accordance with national health policies.
3. Define and apply the criteria and quality standards in the ethical, scientific and technological dimensions of nursing practice.
4. Direct health services and nursing.
5. Directing institutions and programs for primary health care, with priority attention to the most vulnerable groups of the population and the priority risks in coordination with the various interdisciplinary and intersectoral teams.
6. Exercise responsibilities and support functions, management, administration, research, teaching, both general and specialized areas and those related to the nature of the exercise, such as advisory, consulting and other related.
PARÁGRAFO. specialization, master's, doctoral and postdoctoral: Within this legal context of professional practice in special regulations, the field-specific performance professional nursing graduate education will be assigned.
ARTICLE 18. The National Association of Nurses of Colombia, ANEC, establish the criteria for determining the tariff systems and professional fees nursing in the free exercise of their profession.
ARTICLE 19. QUALITY OF NURSING. In order to ensure nursing care scientific, technical, social, human and ethical quality the following provisions are met:
1. The exercise of the nursing profession in Colombia is exercised within the criteria and standards of quality care and education established by the National Nurses Association of Colombia, ANEC and the Colombian Association of Colleges of Nursing, ACOFAEN, in accordance with defined by the National Technical Council of Nursing and government agencies established by you.
2. The management of faculties, nursing schools, institutions, departments, courses or programs that work in universities and educational bodies whose function is related to the basic training of professional nursing, will be in charge of nursing professionals.
3. Nurses organize, lead, monitor and evaluate nursing services in health institutions, through an organic and functional structure.
4. Nurses organize, lead, monitor and evaluate the institutions, centers or nursing units providing special services in the home, community, clinics or hospitals in various areas of health care.
5. Nurses monitor the qualitative and quantitative formation of the nursing workforce requiring health institutions and nursing facilities for operation according to the criteria and standards established by the National Technical Council of Nursing.
PARÁGRAFO. The provisions for calculating nursing staff will be based on national and international standards that take into account the health status of users who demand more or less time nursing care.
ARTICLE 20. DUTIES OF PROFESSIONAL NURSING. The duties of the nurse, the following:
1. Provide comprehensive nursing care according to the general and specific practice principles established in this Act, and for that purpose shall coordinate with other appropriate health team professionals.
2. Ensure that professional quality nursing care it provides, to all persons and communities regardless of social or economic class, ethnicity, age, sex, religion, geographic area or other status.
3. Guide their actions in accordance with the provisions of this Act and in accordance with the principles of the Code of Ethics of Nursing is adopted in Colombia, or failing that by the principles of the Code of Ethics of the International Council of Nurses, ICN.
4. Organize, direct, control and evaluate the delivery of health services and nursing personnel involved in its implementation.
5. Ensure that the institutions whose function is to provide health, plant conform nursing staff in accordance with the provisions of this Act and their respective regulations, and have the resources necessary for quality care.
ARTICLE 21. THE RIGHTS OF PROFESSIONAL NURSES. They are rights nurse:
1. Having a healthy working environment and safe for your physical, mental health and personal integrity.
2. To receive a proper, fair and respectful treatment. The nursing practice shall be protected by the constitutional and legal norms, international recommendations and national conventions.
3. Access and receive opportunities for professional and social progress.
4. Exercise within the framework of the Code of Ethics of Nursing.
5. Propose innovations to the health care system and nursing.
6. Have the human and material resources necessary and appropriate to fulfill their duties safely and effectively, to enable it serve worthily who receives services.
7. As a college graduate and postgraduate professional as according to securities attesting entitled to be placed in the appropriate echelons in the health system, education and others.
8. Have rights to working conditions that ensure quality nursing care for the entire Colombian population.
9. Define and perceive a professional salary scale, that is based one, proportional to the scientific hierarchy, quality, responsibility and working conditions that demand its exercise equitable, vital and dynamic compensation.
ARTICLE 22. EXERCISE OF UNLAWFUL. Understood by illegal exercise of the profession of nursing, all activity within the field of competence of this Act, who does not hold the quality of professional nursing and is not duly authorized to act as such.
PARÁGRAFO. Who without fulfilling the requirements of this Act and its regulations, exercise the nursing profession in the country, you will receive sanctions that ordinary law sets for cases of illegal exercise of professions, and the same applies as for employers who do not comply with the principles of this Act and its regulations.
ARTICLE 23. EFFECTIVE DATE. This Act governs from its enactment and repeal the provisions that are contrary.
The President of the honorable Senate, JULIUS CAESAR
The Secretary of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Bogota, DC, 25 January 1996.
Ernesto Samper Pizano The Minister of Health,
AUGUSTO GALÁN SARMIENTO.