CHAPTER 300
NURSES AND MIDWIVES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE GENERAL NURSING COUNCIL OF ZAMBIA

   3.   The General Nursing Council of Zambia

   4.   Functions of Council

   5.   Registrar and other staff

PART III
REGISTRATION OF NURSES AND MIDWIVES

   6.   Registration of nurses and midwives

   7.   Regulations prescribing primary qualifications

   8.   Provisional registration

   9.   Temporary registration

   10.   Full registration

   11.   Specialist register

   12.   General provisions for admission on the register

   13.   Published of copies of the register

   14.   Published copies of register to be evidence

   15.   Appeal against refusal of registration

   16.   Removal from and restoration on register

   17.   Offence relating to registration

PART IV
EDUCATION AND TRAINING OF NURSES AND MIDWIVES

   18.   Registration of nursing private nursing college

   19.   Diplomas and certificate of competence

   20.   Regulations relating to education and training

PART V
PROFESSIONAL PRACTICE OF NURSES AND MIDWIVES

   21.   Nursing and midwifery scope of practice

   22.   Regulations relating to nursing practice

PART VI
REGISTRATION OF NURSING HOMES AND AGENCIES

   23.   Registration of nursing homes and agencies

   24.   Refusal to register nursing homes and agencies

   25.   Certificate of registration to be displayed

   26.   Cancellation of registration

   27.   Procedure for cancellation of registration

   28.   Appeals

   29.   Offences relating to nursing homes and agencies

   30.   Regulations relating to registration of nursing homes and agencies

PART VII
PROFESSIONAL CONDUCT OF NURSES AND MIDWIVES

   31.   Professional Conduct Committee

   32.   Proceedings of Professional Conduct Committee

   33.   Powers of Professional Conduct Committee

   34.   Restoration of name on register

   35.   Erasures from register on grounds of fraud or error

   36.   Appeals to the High Court

   37.   Regulations relating to infamous conduct

PART VIII
INSPECTION

   38.   Inspection of institution

   39.   Powers of inspector

   40.   Duty of inspection to report to Council

PART IX
MISCELLANEOUS

   41.   Savings and transitional provisions

   42.   Duty to submit returns

   43.   General penalty

   44.   Regulations

   45.   Repeal of Act No. 55 of 1970

      SCHEDULE

AN ACT

to revise the law regulating the professional conduct of nurses and midwives; to repeal and replace the Nurses and Midwives Act, and to provide for matters connected with or incidental to the foregoing.

[22nd December, 1997]

Act 31 of 1997.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Nurses and Midwifes Act, 1997.

2.   Interpretation

In this Act unless the context otherwise requires—

“appointed date” means the date appointed by the Minister under section 1

“Council “ means the General Nursing Council of Zambia established under section 3;

“former council” mean the General Nursing Council established under the repealed Act;

“nursing agency” means a registered private organisation established for the purpose of providing quality nursing and midwifery care in any setting in a community at accost to be determined by the agency;

“nursing college” means any premises used or intended to be used for the training of nurses including the premises used for the reception of and the provision of nursing care to persons suffering from any disease, injury or infirmity;

“nursing home” means any premises used or intended to be used for the purpose of providing specialised, follow up or continued nursing care to person suffering from any chronic disease, injury or infirmity.

“President” means the person elected as president under paragraph 1 of the schedule.

“Register” means the register for nurses or midwives kept by the Council under section 6 or under section 18 for the private colleges and the register of nursing homes and agencies kept under section 23;

“Registrar” means the person appointed as Registrar under section 5;

“Repealed Act” means the Nurses and Midwives Act, 1970;

“Specialist register” means the register kept under section 11; and

“Vice president” means the person elected as Vice President under paragraph 1 of the Schedule.

PART II
THE GENERAL NURSING COUNCIL OF ZAMBIA

3.   The General Nursing Council of Zambia

   (1) Notwithstanding section 45 the General Nursing Council established under the Nurses and Midwives Act, 1970, shall continue to exist as if established under this Act.

   (2) The Council shall continue to exist as a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and shall, subject to the provisions of this act, have power to do all such acts and things as a body corporate may by law do or perform.

   (3) The provisions of the Schedule shall apply to the Council.

4.   Functions of Council

   (1) The functions of the Council shall be to—

      (a)   register nurses and midwives;

      (b)   register training colleges for nurses and midwives;

      (c)   register nursing homes and agencies

      (d)   regulate the professional conduct of nurses and midwives;

      (e)   regulate nursing and midwifery education;

      (f)   regulate nursing homes and agencies

      (g)   advise the Minister on matter relating to nurses and midwives; and

      (h)   do all such things that are connected with or incidental to the foregoing.

   (2) The council may, by directions in writing and subject to such conditions as it deems fit, delegate to the Register or any member any of its functions under the Act.

5.   Registrar and other staff

   (1) There shall be a Registrar who shall be appointed by the council and shall be responsible for the day to day administration of the Council under the general supervision of the Council.

   (2) The Council may appoint on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act.

PART III
REGISTRATION OF NURSES AND MIDWIVES

6.   Registration of nurses and midwives

   (1) Any person registered under the repealed Act shall continue to be registered under this Act.

   (2) A person who qualifies to be registered as a nurse or midwife shall apply to the Council for registration in the prescribed form.

   (3) The Council shall register a person who qualifies to be registered as nurse or midwife on the payment of a prescribed fee.

   (4) The register of nurses and midwife referred to in subsection (3) shall contain—

      (a)   a part for nurses and midwives who have undergone an approved program of training for a period of not mote than three years.

      (b)   A part for nurses and midwives who have undergone an approved program of training for a period of more than three years; and

      (c)   Any other part that the Council may prescribe.

   (5) The Council shall issue a certificate to a nurse or midwife registered under this section.

   (6) The council shall keep a register of nurses and midwives registered under subsection (3).

   (7) The Council shall keep a register of—

      (a)   fully registered nurses and midwives;

      (b)   provisionally registered nurses and midwives;

      (c)   temporarily registered nurses and midwives; and

      (d)   persons registered in the Specialist register.

   (8) There shall be entered into the register referred to in subsection (3), (6) and (7) the name, address, qualifications, and such other particulars as may be prescribed by the Council.

   (9) Where the Council is not satisfied with the application referred in subsection (2), it shall refuse to register that person and shall give reasons for its refusal.

7.   Regulations prescribing primary qualifications

The Minister may, after consultation with the Council, by statutory instrument make regulations prescribing certificate, diploma or degrees which shall be basic qualification for the purpose of registration on any register kept under this Act.

8.   Provisional registration

   (1) Subject to the other provisions of this Act, any person who has obtained a certificate, diploma or degree outside Zambia, qualifying such person to be registered as a nurse or a midwife in that country, that person shall be registered on the provisional register for purpose of practicing as a nurse or midwife in Zambia.

   (2) Notwithstanding subsection (1), a person shall not be registered on the provisional register as a nurse or midwife for a period exceeding two years.

9.   Temporary registration

   (1) Subject to the other provisions of this Act, any person who in part qualifies to be registered on the register of fully registered persons, may be registered on the appropriate register of temporarily registered persons if such person—

      (a)   holds basic qualifications prescribed by the Council;

      (b)   produces a certificate, diploma or degree and testimonial or a certificate of internship as proof of having recently practiced as a nurse or a midwife; and

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