"Accredited nursing education institution"

"Auxiliary Midwife"

"Nursing agency"

"Learner midwife"; "learner nurse"

"Midwifery"

There are two definitions pertaining to nursing education institution. This could cause confusion. The SANC proposes that to avoid the confusion of having two definitions "accredited nursing education" is deleted and any reference made to "accredited nursing education institution" in the Bill is changed to refer to "nursing education institution" as only institutions that are accredited by the SANC are referred to as a "nursing education institution".

"Auxiliary Midwife" this category of nurse is not currently trained in South Africa and the SANC suggests that all reference to this category of nurse be removed from the Bill. There is also no new scope of practice pertaining to this category of nurse. (refer to transitional arrangements proposed by the SANC regarding the existing enrolled midwife)

Nursing agencies are not provided for in the Nursing Bill the regulation of nursing agencies is provided for in the Health Act.

"Learner" the SANC proposes that all learners be referred to as learners and this should cover all categories of learners.

Delete the term "accredited nursing education institution"

Revise Definition"Auxiliary Midwife" "a person who prior to the commencement of the Nursing Act was enrolled/or eligible to be enrolled with the Council as such."

Delete definition of Nursing agency

Delete "learner nurse" and "learner midwife" and replace with the following

"learner" is a person registered as such in terms of section 32;

"Midwifery" replace the term "patient" with "health care user"

"Nursing service" amend to read "means any service within the scope of practice of a nurse and midwife"

ADD New Definitions

"Accredit" "means to recognise or certify as meeting the minimum prescribed nursing education requirements in terms of this Act and any other Act;

"Proforma Complainant" a person appointed to investigate and prosecute a case contemplated in Chapter 3 of this Act.

"professional conduct"

Revise to read 4(1) (j) "investigate and take action against non-accredited institutions providing nursing education and training"

4(1) (f) and (g) delete the words "disciplinary"

Revise to read 4(2) (f) "accredit nursing education institutions and nursing education programmes"

"5.(1) The Council will consist of not more than 25 Members of whom

(a) at least 16 must be nurses registered in terms of section 31 (1) taking into account their expertise in nursing education; clinical nursing ; community health; Primary Health Care; occupational health; mental health; health service management and Midwifery;

(b) at least 9 members with expertise in Human rights, Finance, Medicine, Law, Pharmacy, Research; Policy and planning; Human resource and skills development and Education and Community engagement including Community mobilisation; community development at an urban and rural areas and advocacy

Chairperson and vice-chairperson

The appointment of a chairperson must be done after the Minister has consulted with the Council

Make provision for the election of the vice chairperson

(10). (1) (A)

the sentence should read "The Minister must appoint one of the members of the Council as chairperson of the Council after consultation with Council members."

SANC proposes that the addition of 10.(1)"(c) a vice-chairperson must be elected from amongst the members of Council"

Duties of chairperson

Due to the onerous fiduciary responsibilities of the Council the Executive Committee should include a person who has special knowledge of financial matters.

Revise 14 (1) (e)" a person appointed in terms of 5 (1) (b) (iii); and"

Delete "disciplinary committees" under 15.(1)

Revise 15 (4) replace "may" with "must" as the Council is obliged to appoint an appeal committee.

The reference to "disciplinary" should be changed to "professional conduct"

Remuneration of members of council & committees

The section is titled scope of the profession yet it only refers to the scope of the different professional categories

The provision of licensing a professional nurse to conduct a private practice (sub-sections 4. (2) (i) is an important one to ensure that the public is procuring the services of a nurse in private practice is adequately protected. This provision enables the Council to prescribe standards and an ethical code that will be applicable to those in such practice. Historically nurses have worked in health facilities however recently there are more nurses engaging in private practice and there are not mechanisms in the current legislation that applies specifically to private practice.

(a) apply to the Council in writing for a licence and submit information on—

(i) the details of the service to be provided; and

(ii) furnish the Council with any additional information required by the Council

for purposes of issuing a licence for conducting a private practice; and

(b) pay the prescribed fee.

(2) The Council may refuse any application made in terms of subsection (1) if it is not satisfied that the prescribed minimum standards are met.

(3) Subject to subsections (1) and (2), the Council must issue a licence

certificate to the nurse to conduct a private practice.

43. (1) Delete "Registered Auxiliary Midwife" "RAM"

(2) Delete the whole of this sub-section

Section 44 delete (1) (b) (c) (f) the provisions of these sections are excessive and unnecessary

Revise 47.(3).(a) to read" investigate all matters of alleged professional misconduct"

period and in the prescribed manner appeal against such decision to the Registrar

contemplated in subsection (2) and appointed by the Council.

(2) The appeal committee referred to in subsection (1) consists of—

(a) as chairperson, either a retired judge, retired senior magistrate or an attorney

with at least 10 years’ experience; and

(b) not more than two registered persons who have professional qualifications

that are the same as those of the person who is subject to the disciplinary

proceedings.

(3) An appeal under subsection (1) must be heard on the date, place and time fixed by

the appeal committee.

(4) The appeal committee must ensure that the appellant as well as the Council are

informed of the date, place and time contemplated in subsection (3) at least 14 days

before such appeal is heard.

(5) The appeal committee may for the purposes of an appeal lodged with it—

(a) summon any person who, in its opinion, may be able to give material

information concerning the subject of the appeal or who it believes has in his

or her possession or custody or under his or her control any document which

has any bearing upon the subject of the appeal to appear before it at a time and

place specified in the summons, to be interrogated or to produce that

document, and may retain for examination any document so produced; and

(b) administer an oath to or accept affirmation from any person called as a witness

at the appeal.

(6) The chairperson of the appeal committee must determine the procedure to be

followed during the appeal hearing and notify the appellant and the Council of such

determined procedure.

(7) The appeal committee may after hearing the appeal—

(a) confirm, set aside or vary the relevant decision of the professional Conduct Committee; and

(b) direct the Council to execute the decision of the appeal committee in that

regard.

(8) (a) The decision of the appeal committee must be in writing, and a copy must be

furnished to the appellant as well as to the Council.

(b) The decision of the appeal committee contemplated in paragraph (a) must be

conveyed to the appellant and the Council within 14 days of the decision being reached.

(9) The members of the appeal committee who are not in the full-time employment of

the State may be paid such remuneration and allowances as the Minister may determine

Add 56.(1) (c) proof of meeting the requirements of section (5) and (6) (2)

(6) (i) and (ii) delete "physical"

Delete regulations for nursing agencies 58 (1) j and replace with

roll which will be kept by the Council

2. The scope of practice of the enrolled midwife will be regulated by Council
3. The Council will determine a date on which the roll will be closed.
4. An enrolment fee will be payable as determined by the Council.
5. The provisions of Chapter 3 will apply to an enrolled midwife.