RP Nurses May Be Denied U.S. Visa Screen
Abad Constancio & Mallonga, LLC by: J.T.S. Mallonga, Esq.
In a most recent Decision of the Philippine Court of Appeals, it ruled that the vast majority of examinees who passed the 2006 nursing licensure examination - which was beleaguered by leakage - can now take their oath as professional nurses. Of the total of 17,000 nurse examinees who passed, the oath will be denied to some 1,687 nurses who took the examinations administered in Baguio and Manila. The Court, however, declared that these very same 1,687 nurse examinees would only have to retake Test III (medical-surgical nursing) and Test V (psychiatric).
The Court of Appeals has spoken but the question is: did it achieve closure for the 2006 nursing exam scandal? Or, to put the question in a different way: has the CA decision preserved the credibility of the PRC-administered exam as well as, ultimately, the integrity of the Philippine nursing profession?
Already, the very integrity of 2006 nursing exam administered by the RP Professional Regulation Commission (PRC) is being questioned by the U.S. Commission on Graduates of Foreign Nursing Schools (CGFNS). In a very brief press release issued by CGFNS on October 26, 2006, it stated: “The Board directed its staff and counsel to review and assess whether the licensure process followed in light of the challenged results of the June 2006 exam is “comparable” with that required for nurses licensed in America, as required by U.S. law. Any visa screen applications that CGFNS receives from June 2006 passers will be accepted but deferred for a final decision until this assessment process is complete. x x x If the assessment concludes that the license is not comparable, the Visa Screen application from a June 2006 passer will be denied. (Underscoring Ours)”.
What is the significance of the visa screen certificate? U.S. immigration laws currently require most foreign-born health care professionals (which include nurses) to obtain visa screen certificates from the CGFNS prior to obtaining both non-immigrant and immigrant visas (green card). The visa screen certificate will certify that the applicant’s education, experience, licensure, and English proficiency equal American standards. Consequently, should the CGFNS declare that the R.P. nursing license acquired through the 2006 exam is not “comparable” to that of a U.S. nursing license, then the entire batch of successful 2006 nursing examinees will NOT be allowed to practice in the U.S by simply being denied a visa screen certificate.
Given the critical nursing shortage in the U.S. and the large supply of qualified nurses from the Philippines, the prospective denial of a U.S visa screen certificate literally translates not only in a Filipina nurse’s American dream becoming a nightmare, but also into the loss of great revenues for the Philippine economy. Statistics for the CGFNS/ICHP shows that 4,672 Visa Screens this year 2006 (Jan-July) were issued to Registered Nurses and for the years 2004-2005, a combined total of 30,417 visa screens likewise issued. From 2003 to July, 2006, the Philippines has consistently ranked number one among countries issued visa screen certificates. The top 5 countries include the Philippines, India, Canada, U.S.A. and Korea.
Again, the very credibility (or lack of it) of the 2006 PRC-administered Nursing licensure examinations has been a major factor in the Philippines’ failure to convince the U.S. National Council of State Boards of Nursing (NCSBN) to host U.S. nursing exams in the Philippines for nurses who desire to work in the U.S.
Will other countries follow the U.S. lead, in the wake of the nursing exam scandal? We pray not. Per the Philippine Overseas Employment Administration, the top 6 countries employing Filipino nurses are Saudi Arabia, the United Arab Emirates, Britain, Taiwan, Ireland and the U.S. There is also Japan with whom the Philippines just recently signed a bilateral trade agreement.
The tragic thing about the 2006 nursing exam scandal is that it reinforces, rightly or wrongly, the international perception that corruption is a way of life in the Philippines. Will the Court of Appeals decision on the nursing exam leakage bring final closure? Will the CA decision work to restore both the credibility and integrity of the Philippine nursing profession? For the Philippines’ sake, we all hope so, but I sure am not betting the farm on it.
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About the Author:
J. T. S. Mallonga, Esq. is a Partner in the law firm of Abad Constancio & Mallonga, LLC.
He specializes in Immigration Law. He is currently a member of the New Jersey Governor’s Ethnic Advisory Commission and also serves as the Vice-Chair of the National Federation of Filipino Associations of America (NAFAA), Region I. He can be reached at JTMallonga@acmlaw.com.
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