Why The Nursing Profession In Colombia Is Regulated And Other Provisions

Original Language Title: Por la cual se reglamenta la profesión de Enfermería en Colombia y se dictan otras disposiciones

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ACT

(January 25)

Official Journal No. 42,710 of 5 February 1996

By which the nursing profession is regulated in Colombia and other provisions are dictated.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

OF THE OBJECT AND PRINCIPLES OF PROFESSIONAL PRACTICE

ARTICLE 1o. OBJECT. This Law regulates the exercise of the profession of nursing, defines the nature and purpose of the profession, determines the scope of the professional exercise, develops the principles that govern it, determines its governing bodies the management, organisation, accreditation and control of the professional exercise and the obligations and rights arising from its application.

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ARTICLE 2o. PRINCIPLES OF PROFESSIONAL PRACTICE. It is general principles of professional nursing practice, principles and fundamental values that the National Constitution enshrines and those that guide the system of health and social security for the Colombians.

The following are specific nursing practice principles:

1. Integrality. Orients the nursing care process to the person, family, and community with a unitary vision to address their physical, social, mental, and spiritual dimensions.

2. Individuality. Ensures nursing care that takes into account the sociocultural, historical characteristics and values of the person, family, and community that it serves. It allows us to understand the environment and individual needs to provide humanized nursing care, with respect due to the cultural diversity and dignity of the person without any discrimination.

3. Dialogicity. It is the basis of the nurse-patient interrelationship, family, community, essential element of the nursing care process that ensures effective, respectful communication based on interpersonal relationships. symmetric, conducive to the participatory dialogue in which the person, the family and the community express their needs and expectations of care with freedom and confidence.

4. Quality. Orients nursing care to provide efficient and effective help to the person, family and community, based on the technical-scientific, social, human and ethical values and standards.

The quality is reflected in the satisfaction of the nursing and health service user, as well as in the satisfaction of the nursing staff who provide this service.

5. Continuity. Orients the dynamics of the organization of nursing work to ensure that care is given to the person, family and community without temporary interruption, during all stages and processes of life, in the periods of health and illness.

It is complemented by the principle of opportunity that ensures that nursing care is given when people, family and communities request it, or when they need it, to maintain health, prevent illness or complications.

PARAGRAFO. The practice of nursing is based in general on ethical and moral principles and on respect for human rights.

CHAPTER II.

NATURE AND SCOPE OF EXERCISE

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ARTICLE 3o. DEFINE AND PROPORSITE. Nursing is a liberal profession and a social discipline, whose subjects are the person, the family and the community, with their characteristics sociocultural, their needs and rights, as well as the physical and social environment that influences health and wellbeing.

The exercise of the nursing profession has as a general purpose to promote health, to prevent illness, to intervene in the treatment, rehabilitation and recovery of health, to alleviate the pain, to provide measures of well-being and contribute to a life worthy of the person.

It bases its practice on the solid and up-to-date knowledge of the biological, social and humanistic sciences and its own theories and technologies.

It aims to give integral health care to the person, the family, the community and their environment; to help to develop the individual and collective potentials to the maximum, to maintain healthy living practices that allow to safeguard a optimal health status at all stages of life.

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ARTICLE 4. SCOPE OF THE PROFESSIONAL EXERCISE. The nursing professional exercises his/her practice within an interdisciplinary, multidisciplinary and transdisciplinary dynamic, contributing to the sectorial and inter-sectoral work his knowledge and skills acquired in their university education and updated through experience, research and continuing education.

The nursing professional exercises his functions in the fields where the person lives, works, studies, recreates and develops, and in the institutions that directly or indirectly care for health.

CHAPTER III.

OF THE NATIONAL NURSING TECHNICAL COUNCIL

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ARTICLE 5o. THE NATIONAL TECHNICAL COUNCIL OF NURSING. Create the National Technical Council of Nursing as a permanent body of management, consultation and advice of the National Government, regional and local authorities and nursing, in relation to the development and exercise policies of the nursing profession in Colombia.

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ARTICLE 6o. FUNTIONS. These are the functions of the National Nursing Technical Council:

1. Analyze the nursing needs of the Colombian population and propose goals and plans for short, medium and long-term care at all levels of health care.

2. Propose policies and provisions for the training, updating, distribution, and employment of the nursing human resource.

3. Define criteria for establishing quality standards and standards to provide nursing care.

4. To define the minimum plans for the provision of health services in relation to the nursing staff.

5. Develop plans for nursing care in accordance with the socioeconomic, technical, scientific and social changes in health.

6. To provide guidelines for the development of nursing research.

7. Establish criteria to ensure adequate working conditions, well-being and safety in the professional exercise.

8. Establish requirements to be a member of the Nursing Ethics Tribunal, open convocation, elect its members and present them to the Ministry of Health for ratification.

9. Regulate departmental technical advice.

10. Give your own regulation and organization.

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ARTICLE 7o. INTEGRATION. The National Technical Board of Nursing shall be composed of:

1. The Minister of Health or his delegate.

2. 64 of Act 962 of 2005 > The Minister of Education or his delegate.

3. Two representatives of the National Association of Nurses of Colombia, ANEC.

4. Two representatives of the Colombian Association of Nursing Faculties Acoufaen.

5. A representative of the Health Services Users Association.

PARAGRAFO 1o. The designation of the representatives shall be made by the entities mentioned in the preceding article, within six months of the penalty of this Law, and the representatives of the associations The former will be elected for a period of 2 years and can only be elected for one time.

PARAGRAFO 2o. The Health Services Users Association representative will be designated by the Association with the largest number of existing partners in the country.

Vigency Notes
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ARTICLE 8o. FROM THE DEPARTMENTAL NURSING TECHNICAL COUNCILS. Create the Technical Department of Nursing, in the capitals of the Departments, according to the graduality, necessity and agreement with what the Technical Council rules. National of Nursing.

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ARTICLE 9o. INTEGRATION OF THE TECHNICAL DEPARTMENT OF NURSING. The Technical Technical Councils of Nursing will be integrated by:

1. The Secretary of Health Departmental or his delegate.

2. The Departmental Education Secretary or his delegate.

3. Two representatives of the sectional ANEC of each department.

4. The Dean or his delegate of the faculty of nursing of the Department, and if there are several nursing faculties, one of them will be chosen.

5. A representative of the Association of Nursing Faculties of the Department.

6. A representative of the Association of Users of the Health Services and in case there is more than one will designate the association with greater number of partners.

PARAGRAFO. If in the departments there is no Faculty of Nursing, the designation will be replaced by a nursing professional member of the sectional ANEC. The representatives of the previous associations, and the designation of the dean of nursing when there are more than two nursing faculties will be chosen for a period of two years and will be able to be elected for one time.

CHAPTER IV.

OF THE NURSING ETHICS TRIBUNAL

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ARTICLE 10. FROM THE NATIONAL ETHICAL NURSING TRIBUNAL. Create the National Ethical Nursing Tribunal, with the authority to know the disciplinary, ethical and professional processes that are presented in the practice of nursing professionals in Colombia.

PARAGRAFO. For the fulfillment of the above competencies and for the establishment of their specific functions, the National Ethics Tribunal of Nursing, will take as a reference the established in the Code of Ethics of Nursing, in the This Law and its regulations, in accordance with the constitutional and legal norms on the matter, are laid down in this Law.

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ARTICLE 11. FUNTIONS. These are the functions of the National Ethical Court of Nursing:

1. 74 of the 911 Law of 2004 >

Vigency Notes
Previous Legislation

2. Open investigations of trade, or requested by natural or legal persons, due to faults in the nursing practice. The evidence collected and the results of the investigations carried out by this Tribunal shall have the probative value assigned by the Law to the competent authorities.

3. To select suitable experts to carry out the investigations of the cases related to the faults in the nursing practice.

4. Establish the procedure for natural and legal persons to raise their complaints and requests for investigation and punishment.

5. Establish the categories of sanctions and criteria for their implementation.

6. To notify the Ministry of Health, the nursing staff of the nursing staff and the associations of nursing professionals, the faults of greatest occurrence in the exercise of the practice, in order to adopt preventive measures or corrective measures to ensure the quality of the product.

7. Establish the procedures, resources and failures necessary for the investigation and prosecution.

8. Maintain coordination with the Ethics Courts of the health professions and related.

9. Create and regulate the creation of the Departmental Nursing Ethics Tribunals.

10. Submit to the Ministry of Health and the territorial authorities the annual budget for the operation of the National and Departmental Nursing Ethics Courts.

11. Give yourself your own regulation and organisation.

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ARTICLE 12. INTEGRATION. The National Ethics Tribunal of Nursing will be composed of seven (7) members, nursing professionals, of recognized professional suitability and ethical and moral solvency, with no less than ten (10) years of professional exercise.

PARAGRAFO 1o. The National Technical Council of Nursing will elect the members of the National Ethical Nursing Tribunal and present them to the Ministry of Health for ratification in a time not longer than 30 days, and for the the allocation of resources and the commencement of their operation, in the fiscal year following the penalty of this Law.

PARAGRAFO 2o. Create the Departmental Ethical Tribunals of Nursing in the Capitals of the Departments, which will initiate their functions according to the graduality, necessity and allocation of resources by the departments, according to the Law and regulations that the National Ethical Court of Nursing does in this respect.

CHAPTER V.

OF NURSING PROFESSIONALS ' REGISTRATION

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ARTICLE 13. REGISTRATION AND REGISTRATION OF THE NURSING PROFESSIONAL IN COLOMBIA. The National Association of Nurses of Colombia, ANEC, is the body authorized to carry out the registration and the national single register, of whom the profession of nursing in Colombia.

In such a virtue without prejudice to its own organizational structure, the National Association of Nurses of Colombia, ANEC, will establish the organization and mechanisms for the fulfillment of the purpose of these functions, in accordance with the legal provisions in force.

They may also exercise these functions, other professional nursing associations of the same qualities of ANEC and that are recognized by the National Government.

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ARTICLE 14. REQUIREMENTS FOR REGISTRATION. The National Association of Nurses of Colombia, ANEC, will register as nursing professionals to whom it meets the following requirements:

1. Accredit university degree of nurse issued by a Colombian university higher education institution, recognized by the National Government, or

2. Accredit the validation of the university degree of nurse, issued by a foreign university corresponding to university nursing studies, or

3. Those who prior to this Law have obtained a card as a nursing professional, issued by the Ministry of Health, or the respective health secretariats.

PARAGRAFO. The registration as a nursing professional will be credited with the Professional Card that will be issued according to the corresponding regulations.

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ARTICLE 15. FROM THE REGISTER AS A POST GRADUATE NURSING PROFESSIONAL. The National Association of Nurses of Colombia, ANEC, will register as a post-graduate nursing professional, the nursing professional who accredits the post-graduate degree. issued by a university recognized by the National Government or accredit the validation of the post-graduate degree issued by a foreign university.

PARAGRAFO. The post-graduate nursing professional will be accredited with the professional card, which will be issued according to the corresponding regulations.

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ARTICLE 16. ACCREDITATION OF THE TRAINING PROGRAMS OF NURSING PROFESSIONALS. The Colombian Association of Nursing Faculties, Acoufaen, is an approved body to carry out the accreditation of the university nursing programs of undergraduate and graduate, offered by the institutions of higher education in Colombia.

In such a virtue, without prejudice to its own organizational structure, the Colombian Association of Nursing Faculties, Acoufaen, will establish the organization and mechanisms for the fulfillment of the purpose of the accreditation system of the educational programmes, in accordance with the legal provisions in force.

CHAPTER VI.

DEFINING COMPETENCIES, RESPONSIBILITIES, QUALITY CRITERIA

PROFESSIONALS ' ATTENTION AND RIGHTS

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ARTICLE 17. THE COMPETENCIES OF THE NURSING PROFESSIONAL IN COLOMBIA. According to the principles, definition, purpose, scope and social nature of the exercise and for the purposes of this Law, the nursing professional will exercise the following competencies:

1. Participate in the formulation, design, implementation and control of health care and nursing policies, programs, plans and projects.

2. Establish and develop nursing care policies and models in accordance with national health policies.

3. Define and apply quality criteria and standards in the ethical, scientific and technological dimensions of nursing practice.

4. Lead the health and nursing services.

5. To direct primary health care institutions and programs, with priority in the care of the most vulnerable groups of the population and the priority risks in coordination with the different interdisciplinary and intersectoral teams.

6. Exercise responsibilities and functions of assistance, management, administration, research, teaching, both in general and specialized areas and those related to the nature of their exercise, such as advising, consulting and other related.

PARAGRAFO. Within this legal context of the professional exercise in special regulations, the field of specific performance of the nursing professional with post-graduate education will be assigned: specialization, master's, doctorate and post-doctorate.  

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ARTICLE 18. The National Association of Nurses of Colombia, ANEC, will establish the criteria for fixing the tariff systems and the fees of the nursing professional in the free exercise of their profession.

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ARTICLE 19. OF THE QUALITY OF NURSING CARE. In order to ensure nursing care of scientific, technical, social, human and ethical quality, the following provisions will be fulfilled:

1. The exercise of the nursing profession in Colombia will be carried out within the criteria and standards of quality and attention and education established by the National Association of Nurses of Colombia, ANEC and the Colombian Association of Faculties Nursing, Acoufaen, as defined by the National Technical Council of Nursing and established by government agencies.

2. The direction of the faculties, nursing schools, institutions, departments, careers or programs that work in the universities and educational institutions and whose function is related to the basic training of the nursing professional, will be in charge of nursing professionals.

3. The nursing professionals will organize, direct, control and evaluate the nursing services in the health institutions, through an organic and functional structure.

4. The nursing professionals will organize, direct, control and evaluate the institutions, centers or nursing units that provide their special services in the home, community, clinics or hospitals in the various areas of care in health.

5. Nursing professionals will monitor the qualitative and quantitative conformation of the nursing human resources required by health institutions and nursing centers for their functioning according to the criteria and standards. established by the National Technical Council of Nursing.

PARAGRAFO. The provisions for the calculation of nursing staff, will be based on national and international standards that take into account the health status of the users, who demand more or less nursing care time.

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ARTICLE 20. THE DUTIES OF THE NURSING PROFESSIONAL. Are duties of the nursing professional, the following:

1. Provide comprehensive nursing care in accordance with the general and specific principles of its practice established in this Law, and to this end, it will have to coordinate its work with other appropriate professionals of the health team.

2. Ensure that quality nursing care is provided to all persons and communities without distinction of social or economic class, ethnicity, age, sex, religion, geographic area or other condition.

3. Guide their actions in accordance with the provisions of this Law and in accordance with the principles of the Code of Nursing Ethics to be adopted in Colombia, or in their absence by the principles of the Code of Ethics of the International Council of Nursing, ICN.

4. Organize, direct, control and evaluate the provision of health and nursing services of personnel involved in their execution.

5. Ensure that the institutions whose function is to provide health services, make up the nursing staff plant in accordance with the provisions of this Law and their respective regulations, and have the necessary resources to quality care.

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ARTICLE 21. THE RIGHTS OF THE NURSING PROFESSIONAL. They are the rights of the nursing professional:

1. Have a healthy and safe working environment for your physical, mental and personal health.

2. To receive a dignified, fair and respectful treatment. The exercise of nursing will be covered by constitutional and legal norms, by international national recommendations and conventions.

3. Access and receive opportunities for professional and social progress.

4. Exercise within the framework of the Code of Nursing Ethics.

5. Propose innovations to the health care and nursing care system.

6. To have the necessary and adequate human and material resources to fulfill their functions in a safe and effective manner, which will enable them to meet with dignity to whom they receive their services.

7. As a university professional and as a postgraduate professional according to the titles I accredit, he has the right to be located in the corresponding steps in the system of health, 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, which is based on a fair, vital and dynamic remuneration, proportional to the scientific hierarchy, quality, responsibility and working conditions that its exercise demands.

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ARTICLE 22. OF THE ILLEGAL EXERCISE. Understand by illegal exercise of the nursing profession, any activity carried out within the field of competence of this Law, for those who do not have the quality of nursing professional and are not authorized duly to perform as such.

PARAGRAFO. Who without filling the requirements of this Law and its regulations, exercises the profession of nursing in the country, will receive the sanctions that the ordinary law fixed for the cases of the illegal exercise of the professions, and equal disposition This will apply to employers who do not comply with the provisions of this Law and their regulations.

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ARTICLE 23. VALIDITY. This Law governs from its promulgation and repeals the provisions that are contrary to it.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary of the Honourable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santafe de Bogota, D.C., at 25 January 1996.

ERNESTO SAMPER PIZANO

The Minister of Health,

AUGUSTO GALAN SARMIENTO.

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