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

{mprestriction ids="1,2,3,5"}

      (c)   proves that the person has sufficient knowledge of the English language.

   (2) Notwithstanding any other provisions of this Act, the minister may direct that a person be registered on the appropriate register of temporarily registered persons under this Act as a result of an international agreement or by arrangement with a Government of any other country.

   (3) A person shall not be registered on the register of temporarily registered persons for a period exceeding two years.

 

10.   Full Registration

Subject to the other provisions of this Act, a person registered on the provisional or temporary register of nurses and midwives shall be fully registered as a nurse or midwife if that person—

      (a)   has been employed for a period not exceeding 12 months in a hospital or health service approved by the Council an produce a certificate of competence from the nurse in charge of such hospital or health service;

      (b)   has complied with the other requirement prescribed under this Act; and

      (c)   is of good character,

 

11.   Specialist register

   (1) A person registered on the Specialist register under the repealed Act, shall continue to be registered as if registered under this Act.

   (2) A person shall qualify to be registered on the specialist registered if that person has—

      (a)   basic qualifications

      (b)   post graduate qualifications from a recognised institution; and

      (c)   paid the prescribed fee.

   (3) The person referred to in subsection (2) shall produce evidence of post graduate qualification before the name of that person is entered on the specialist register.

   (4) The Council shall issue a certificate to any person registered on the specialist register.

 

12.   General provisions for admission on the register

   (1) The Council shall make rules regulating—

      (a)   the conditions under which a person shall be entered on any register including the requisite education and training;

      (b)   the conduct of any examinations set under this Act

      (c)   the type of training to be carried out in an institution recognised by the Council

      (d)   the classification of the nurses registered under this Act; and

      (e)   any other matter connected with or incidental to any condition or examination set under this Act.

   (2) A person shall pay such fees as may be prescribed by the Council for examinations prescribed by the Council

 

13.   Published of copies of the register

   (1) The Registrar shall, on the direction of the Council, copies of the register and all alterations and additions of the register to be printed and published.

   (2) The copies of the register referred to in subsection (1) shall be printed and published in such form as the Council may direct.

 

14.   Published copies of register to be evidence

   (1) Subject to the other provisions of this section, a copy of the last published and printed register shall be prima facie evidence in all legal proceedings of the registration of any person:

Provided that a certified copy of an extra of the register shall be admissible as proof of registration unless the contrary is proved.

   (2) Where a person is registered, and the name of that person is deleted from the register, after the date of publication of the register, a copy of the entries in the register relating to such person certified by the Registrar shall be evidence that such person is registered but was deleted from the register,

 

15.   Appeal against refusal of registration

   (1) any person aggrieved by the decision of the Council with regard to registration under this Act, shall within 30 days of the receipt of the decision appeal to the Minister.

   (2) The Minister shall within 30 days of receipt of the appeal make a decision and shall communicate it to the applicant accordingly.

   (3) The Minister on appeal may—

      (a)   confirm or reverse the decision of the Council;

      (b)   vary the decision of the council; or

      (c)   remit the case to the council for further consideration.

   (4) Any person aggrieved by a decision of the minister shall within 30 days of receipt of the decision, appeal to the High Court.

 

16.   Removal from and restoration on register

   (1) The Council shall make rules prescribing the circumstance and the manner in which a person—

      (a)   may be removed from the register by the Council; and

      (b)   who has been removed from the register may be restored and the fee to be paid for such restoration.

   (2) Any person who is removed from the register in accordance with this section shall cease to b registered person.

 

17.   Offence relating to registration

Any person who—

      (a)   makes or cause to be made any an authorised entry, alteration erasure in a register, or in any other certified copy of any entry, register, or certificate;

      (b)   impersonates or uses the title of a person registered under this Act.

      (c)   uses any badge or uniform of a person registered under this Act;

      (d)   procures or attempts to procure for himself or for any other registration by fraud, false representation or the concealment or a material fact or

      (e)   forges any document purporting to be a registration certificate;

shall be guilty of an offence an liable, upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months or both .

PART IV
EDUCATION AND TRAINING OF NURSES AND MIDWIVES

 

18.   Registration of private nursing college

   (1) A person shall apply to the Council for the registration of private nursing college in the prescribed manner.

   (2) An application referred to in subsection (1) shall state—

      (a)   the name of the private nursing college;

      (b)   the place of business;

      (c)   the type of private nursing college;

      (d)   the name and qualifications of the tutors and lecturer of the private nursing college; and

      (e)   any other details the Minister may, by statutory instrument prescribe.

   (3) Subject to the other provisions of this section, the Council shall register private nursing colleges on the payment of a prescribed fee.

   (4) The Council shall issue a certificate of registration to a private nursing college registered under this section.

   (5) The Council shall keep a register of private nursing colleges.

   (6) Where the Council is not satisfied with the application referred to in subsection (2) it shall refuse to register such private nursing college and shall the reasons for the refusal.

   (7) A person who is aggrieved by a decision of the Council under subsection (8) may, within thirty days of such decision, appeal to the Minister.

   (8) The provisions of section 15 shall, with the necessary medications, apply to private nursing colleges.

PART V
DIPLOMAS AND CERTIFICATES

 

19.   Diplomas and certificate of competence

   (1) The Council shall issue diplomas and certificates of competence to nurses and midwives who qualify in accordance with the regulations made under section 20.

   (2) The Registrar shall keep a list of name of persons to whom a diploma or certificate is issued.

 

20.   Regulations relating to education and training

   (1) The Minister may, on the recommendation of the Council by statutory instrument, make rules prescribing—

      (a)   the type of diplomas and certificate to be issued by the Council;

      (b)   the issuing of the duplicate diplomas and certificate by the Council;

      (c)   the requirements to be fulfilled by any person before a diploma or certificate is issued;

      (d)   the qualifications and age of any person to be admitted into a nursing college;

      (e)   The qualifications of tutors and lecturers of a nursing school;

      (f)   The course content of any course offered in any nursing school;

      (g)   The supervision of persons undergoing training in any nursing school;

      (h)   The setting of examinations;

      (i)   The appointment an remuneration of examiners moderators and invigilators;

      (j)   The entry and disqualification of candidate for examination;

      (k)   The publication of results of examinations.

   (2) The Minister may make different provision for different type of nursing.

PART VI
PROFESSIONAL PRACTIC OF NURSES AND MIDWIFES

 

21.   Nursing and midwifery scope of practice

   (1) A nurse, midwife or specialist shall provide preventive, therapeutic, palliative and rehabilitative care and treatment of illnesses normally carried out in nursing and midwifery practice and in a nursing home.

   (2) A nurse, midwife or specialist referred to in subsection shall administering nursing care—

      (a)   asses, diagnose and provide the relevant therapeutic interventions;

      (b)   carry out physical examinations;

      (c)   insert and remove devices;

      (d)   carry out resuscitation and intubating;

      (e)   carry out vacuum extraction;

      (f)   carry out intravenous infusion procedures;

      (g)   prescribe relevant drugs and other pharmaceutical preparation from a list defined by the National Drug Formulary Committee constituted under the Pharmacy and Poisons Act;

      (h)   Provide counseling to patients relating to any illness; and

      (l)   Provide such other information, care and procedures relevant t nursing and midwifery practice necessary prevent disease, disability or any illness or to protect life.

 

22.   Regulations relating to nursing practice

The Minister may, in consultation with the council, make rules to regulate the scope of nursing practice under the Part.

PART VII
REGISTRATION OF NURSING HOMES AND AGENCIES

 

23.   Registration of nursing homes and agencies

      (i)   A person shall apply to the Council for registration of a nursing home or nursing agency in the prescribed form.

   (2) An application referred to in subsection (1) shall state—

      (m)   the name of the nursing home or nursing agency;

      (n)   the place of business;

      (o)   the names and qualifications of its nursing staff; and

      (p)   any other details the Ministry may, by statutory instrument prescribe.

   [Editorial Note: Numbering of clause (m) to (p) is as found in the original Act.]

   (3) Subject to the other provisions of this Part the Council shall register a nursing home or agency on the payment of a prescribed fee.

   (4) The Council shall issue a certificate of registration to a nursing home or nursing agency registered under this part.

   (5) The Council shall keep a register of nursing homes and nursing agencies registered under this Part.

 

24.   Refusal to register nursing homes and agencies

   (1) Subject to the other provisions of this Act the Council may refuse to register a nursing home if—

      (a)   the proprietor or the person registered under this Act who is in charge of the nursing home is not a proper and fit person;

      (b)   the premises or their location, construction, accommodation or equipment, are not appropriate.

      (c)   The nursing an other staff are not adequately trained; or

      (d)   The person in charge of the nursing home is not registered nurse, midwife or specialist.

   (2) Subject to the other provisions of this Act the Council may refuse to register a nursing agency if—

      (a)   the proprietor or the person registered under this Act who is in charge of the nursing agency is not a proper and fit person;

      (b)   the premises and equipment are not appropriate or adequate for the purpose;

      (c)   the nursing and other staff are not adequately trained; and

      (d)   the person in charge of the operations of the nursing agency is not a registered nurse, midwifery or specialist.

   (3) The Minister may, on the recommendations of the Council, make rules by statutory instruments, prescribing the conditions and requirement for nursing homes and nursing agencies registered under this part.

 

25.   Certificate of registration to be displayed

The certificate of registration issued under subsection (4) of section 23 of a nursing home or nursing agency shall be displayed in a conspicuous place in the nursing home or nursing agency.

 

26.   Cancellation of registration

Subject to the other provisions of this Act, the Council may cancel the registration of a nursing home or nursing agency if—

      (a)   the proprietor or the person in charge of a nursing home or nursing agency has been convicted of an offence under this Act; or

      (b)   any conditions and requirements specified in or under section 23 of a nursing home or nursing agency have been complied with.

 

27.   Procedure for cancellation of registration

   (1) The Council shall give 14 days, notice to the proprietor or the person in charge of a nursing home or nursing agency before canceling the registration .

   (2) The notice referred to in subsection (1) shall state the grounds on which the council intends to cancel the registration of a nursing home or nursing agency an that the proprietor or the person in charge of such nursing home or nursing agency should show cause why the registration of the nursing home or nursing agency should not be cancelled.

 

28.   Appeals

   (1) Any person aggrieved by any receipt of the appeal make a decision and shall communicate it to the appellant accordingly.

   (2) The Minister shall within 30 days of receipt of the appeal make a decision and shall communicate it to the appellant accordingly.

   (3) The Minister on appeal in accordance with subsection (1) may—

      (a)   confirm or reverse the decision of the Council;

      (b)   vary the decision of the Council;

      (c)   remit the matter to the Council for further consideration.

   (4) A person aggrieved with any decision of the Minister, may within 30 days of receipt of the decision, appeal to the High Court.

 

29.   Offences relating to nursing homes and agencies

   (1) A person who contravenes any provisions under this Part, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding three years or to both.

   (2) Where the offence referred to in subsection (1) is committed by a company, every officer of the company concerned, shall unless he proves that the offence was committed without his knowledge or consent, be guilty of an offence.

 

30.   Regulations relating to registration of nursing homes and agencies

   (1) On the recommendation of the Council, the Minister may, by statutory instrument, make regulations relating to nursing homes and agencies to provide for—

      (a)   the form of application for registration;

      (b)   the information and documents to be submitted to the Council in support of such application;

      (c)   the register and the particular to the entered in such register; and

      (d)   the certificate of registration.

   (2) The Minister may make different provision for different classes of nursing homes or agencies.

PART VIII
PROFESSIONAL CONDUCT OF NURSES AND MIDWIVES

 

31.   Professional Conduct Committee

   (1) There shall be a Professional Conduct Committee which shall consist of—

      (a)   the President;

      (b)   not more than five members who are registered as nurses or midwives; and

      (c)   a legal practitioner.

   (2) The Legal Practitioner shall be an assessor at all meetings of the Professional Conduct Committee on any question of law arising in any proceedings before it.

   (3) The members referred to in subsection (1) shall be appointed by the Minister.

   (4) The term of office of members of the Professional Conducts Committee shall be the term of office of the members of the Council.

 

32.   Proceedings of Professional Conduct Committee

   (1) Subject to subsection (2) of section 31, at any meeting of the Professional Conduct Committee five members shall form a quorum.

   (2) The President or any other member elected by the Committee shall preside at any meeting of the Professional Conduct Committee.

   (3) A decision of the Professional Conduct Committee on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the President shall have a casting vote in addition to his deliberative vote.

   (4) For the purpose of any inquiry, the Professional Conduct Committee may hear and receive evidence and may require the production of any book, record or document.

 

33.   Powers of Professional Conduct Committee

   (1) The Professional Conduct Committee may, recommend to the Council that any person registered under this Act, who after due inquiry is found guilty of infamous conduct—

      (a)   be censured

      (b)   be ordered to pay an amount not exceeding six thousand penalty units;

      (c)   be cautioned;

      (d)   shall have the enforcement of the punishment of that person suspected for a period of not exceeding one year on security of good behaviour and conduct during that period;

      (e)   be ordered to pay to the Council may costs connected with or incidental to the proceeding; or

      (f)   be erased from the register.

   (2) Notwithstanding subsection (1) the Professional Conduct Committee may recommend the Council, after due inquiry, that the name of any registered person be erased from the register if that person becomes physically disabled to the extent that the continued practice of such person is contrary to the welfare of the public.

 

34.   Restoration of name on register

   (1) A person whose name has been erased from the register under section 33 may apply to the Council to restore the name of any person on the register by the Council after a period of six months from the date of the erasure.

   (2) The person referred to in subsection (1) shall pay a prescribed fee to the Council for the restoration of is name on the register.

 

35.   Erasures from register on grounds of fraud or error

The Council may erase any entry made in a register which has been fraudulently or incorrectly entered.

 

36.   Appeals to the High Court

   (1) A person may appeal against a decision of the Council to the High Court within 30 days of the decision of the Council—

      (a)   under section 33;

      (b)   rejecting an application for the restoration of a name in the register under section 34; or

      (c)   to erase an entry from the register under section 35.

   (2) The Chief Justice may, by statutory instrument make rules regulating appeals to the High Court under this section.

 

37.   Regulations relating to infamous conduct

The Minister may, in consultation with the Council, by statutory instrument, make regulation specifying any costs or omissions that constitute infamous conduct in a professional respect.

PART XI
INSPECTION

 

38.   Inspection of institution

   (1) The Council shall appoint inspectors to inspect institutions registered under this Act.

   (2) The Registrar shall issue an identity card to each inspector.

 

39.   Powers of inspector

   (1) The inspector shall have power on production of the identity card issued to him under section 38, to inspect any institution registered under this Act to ensure that the provision of this Act are being complied.

   (2) Notwithstanding subsection (1), an inspector inspecting any institution, may inspect any premises and equipment and other documents relating to any institution registered under this Act including any medical records relating to any patient.

   (3) In inspecting the facilities referred to in subsection (1), the inspectors shall ensure that adequate arrangement for the general welfare, education, training, health and records kept are in accordance with the provisions of this Act.

   (4) Any person who obstructs an inspector appointed under section 38 in the exercise of his duty under this Part shall be guilty of an offence an shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three months, or both.

 

40.   Duty of inspection to report to council

Each inspector shall furnish the Council with such reports and other information relating to matter referred to in section 39 as the Council may direct.

PART X
MISCELLANEOUS

 

41.   Savings and transitional provisions

   (1) Subject to the other provisions of this Act, a person who immediately before the appointed date, held office as a member of the former Council shall hold office as a member of the Council for a period of three months.

   (2) After the period referred to in subsection (1) the members of the Council shall be appointed in accordance with this Act.

   (3) Nothing in this Act affects the rights or liabilities of any person employed by the former Council immediately before the appointed date.

   (4) On the appointed date, all property, assets, rights, liabilities and obligations of the former council shall vest in the council established by this Act.

   (5) Any proceeding or cause of action instituted or pending by or against the former council immediately before the appointed date, shall continue against the council as if instituted under this Act.

 

42.   Duty to submit returns

Every institution registered under this Act shall submit such records and other returns as the Minister may, by statutory instrument, prescribe.

 

43.   General penalty

Any person who contravenes any provision for which a penalty has not provided for under this Act, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment not exceeding three years or to both.

 

44.   Regulations

On the recommendation of the Council, the Minister may, by statutory instrument prescribing all matters which by this act are required or permitted to be prescribed or which are necessary for the better carrying out of the purposes of the Act.

 

45.   Repeal of Act No. 55 of 1970 and

The Nurses an Midwives Act and the Medical Aid Societies and Nursing Homes (Dissolution and Prohibition) Act are hereby repealed.

SCHEDULE

[Section 3]

PART I
ADMINISTRATION

 

1.   Composition of Council

   (1) The Council shall consist of the following members—

      (a)   a nurse representing the ministry responsible for health;

      (b)   the President of the Zambia Nurses Association;

      (c)   a nurse tutor qualified to train nurses for an approved program of not less than three years;

      (d)   a nurse tutor qualified to train midwives trained for not less than four years;

      (e)   a nurse tutor representing private nursing colleges;

      (f)   a representative of Churches Medical Association of Zambia

      (g)   a nurse representing nurses registered as a community health nurses;

      (h)   a nurse representing nurses in the defence forces;

      (i)   a nurse representing nurses registered as mental health nurses;

      (j)   a legal practitioner;

      (k)   the chairperson of the Medical Council of Zambia;

      (l)   a representative of the ministry responsible for science and technology; and

      (m)   one other person.

   (2) The President and the Vice-President shall be elected from amongst the members.

   (3) The members referred to in subsection (1) shall be appointed by the Minister.

 

2.   Seal of Council

   (1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Registrar.

   (2) The affixing of the seal shall be authenticated by the President or the Vice President and the Registrar or one other person authorised in that behalf by a resolution of the Council.

   (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Council by the Registrar or any other person generally or specifically authorised by the Council in that behalf.

   (4) Any document purporting to be a document under the seal of the Council shall be received in evidence without further proof, unless the contrary is proved.

 

3.   Tenure of office of member

   (1) Subject to the other provisions of this Act, a member shall hold office for a period of three years from the date of appointment and may be re-appointed for a further period.

   (2) A member may resign by giving one month’s notice in writing to the Registrar and the appointing authority.

   (3) The office of a member shall become vacant—

      (a)   upon his death;

      (b)   if he is absent without reasonable excuse from three consecutive meetings of the Council of which he has had notice;

      (c)   on ceasing to hold the office by virtue of which he was appointed members or on ceasing to be a representative of the organisation which nominated him; or

      (d)   if he is declared bankrupt.

 

4.   Filing of casual vacancy

   (1) Whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates the office.

   (2) The Council shall meet for the transaction of business, at least once in every three months at such places and at such times as the President may decide.

   (3) Upon giving notice of not less than 14 days, a meeting of the Council may be called by the President and shall be called if not less than one third of the members so request in writing:

Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.

   (4) The quorum at any meeting of the Council shall be one third of the members of whom at least three shall be registered nurses.

   (5) There shall preside at any meeting of the Council—

      (a)   the President or the Vice President; or

      (b)   in the absence of the President and the Vice President, such member as the members present may elect from amongst themselves for the purpose of that meeting.

   (6) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

   (7) Where a member is for any reasonable cause unable to attend any meeting of the Council, he may, in writing, nominate another person from the same organisation to attend such meeting in his stead and such person shall be deemed to be a member for the purpose of such meeting.

   (8) The Council may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting of the Council but such person shall have no vote.

   (9) The validity of any proceedings, act or decision of the Council shall not be a affected by any vacancy in the membership of the Council or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part in the proceedings.

   (10) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and every meeting of any committee established by the Council.

 

5.   Committee of Council

   (1) The Council may, for the purpose of performing its functions under this Act, establish committee and delegate to any such committee such of its functions as it thinks fit.

 

6.   Executive and Examination Committee

   (1) Notwithstanding paragraph 5, there shall be an Executive Committee and an Examinations Committee.

   (2)The Executive Committee shall consist of—

      (a)   the President who shall be the chairperson;

      (b)   the Vice President;

      (c)   A legal practitioner ; and

      (d)   Five other member appointed by the President.

   (3) The Examination Committee shall consist of a Chairperson and such other members as the Council may appoint from fully paid up registered nurses or midwives.

 

7.   Remuneration and allowances of members

There shall be paid to members of the Council or any committee of the Council such remuneration and allowances as the Council may, with the approval of the Minister determine.

 

8.   Disclosure of interest

   (1) If a member is present at a meeting of the Council or any committee of the Council at which any matter is the matter is the subject of consideration and in which matter the member or the spouse of the member is directly or indirectly interested in a private capacity, the members shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Council otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.

   (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.

 

9.   Prohibition of publication or of disclosure of information to unauthorised persons

   (1) A person shall not, without the consent in writing given by or an behalf of the Council, publish or disclose to any unauthorised person, otherwise than in the course of the duties for such person, the contents of any documents, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties under this Act.

   (2) Any person who contravenes the provisions of sub paragraph (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding three years or to both

   (3) If any person having any information which to his knowledge has been published or disclosed in contravention of sub-paragraph (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding three months or to both.

PART II
FINANCIAL PROVISIONS

 

10.   Funds of Council

   (1) The funds of the Council shall consist of such moneys as may—

      (a)   be appropriated by Parliament for the purpose of the Council;

      (b)   be paid to the Council by way of fees, levy grants or donations; or

      (c)   vest in or accrue to the Council.

   (2) The Council may—

      (a)   accept money by way of grants or donations from any sources in Zambia and subject to the approval of the Minister from any source out side Zambia;

      (b)   raise by away of loans or otherwise, such moneys as it may require for the discharge of its functions, from any source in Zambia and subject to the approval of the Minister, from any source outside Zambia.

      (c)   in accordance with the regulations made under this Act, charge and collect fees for services provided by the Council.

   (3) There shall be paid from the funds of the Council—

      (a)   the salaries, allowances and loans of the staff of the Council

      (b)   such reasonable traveling, transport and subsistence allowance for members or members of any committee of the Council when engaged in the business of the Council, at such rates as the Council may determine; and

      (c)   any other expenses incurred by the Council in the performance of its functions.

   (4) The Council may invest in such manner as it thinks fit such of its funds as it does not immediately require for the performance of his functions.

 

11.   Financial year

The financial year of the Council shall be the period of 12 months ending on the 31st of December, in each year.

 

12.   Accounts

The Council shall cause to be kept proper books of account and other records relating to its accounts.

 

13.   Annual report

   (1) A soon as is practicable, but not later than six months after the expiry of each financial year, the Council shall submit to the Minister a report concerning its activities during such financial year.

   (2)The report referred to in paragraph (1) shall include information on the financial affairs of the Council and there shall be appended there to—

      (a)   and audited balance sheet;

      (b)   an audited statement of income and expenditure and

      (c)   such other information as the Minister may require.

   (3) The Minister shall, not latter than 30 days after the first sitting of the National Assembly next after the receipt of the report referred to in sub paragraph (1), lay it before the National Assembly.

 
 

Popular Tags