| (1) | A person registered in terms of this Act who, after an inquiry has been held by the Council, is found guilty of unprofessional conduct is liable to one or more of the following penalties: |
| (a) | A caution or a reprimand or both; |
| (b) | suspension for a specified period from practising or, in the case of a learner nurse or a learner midwife, extension or suspension for a specified period of the prescribed period of education and training; |
| (c) | removal of his or her name from the register; |
| (e) | payment of the costs of the proceedings. |
| 2) | The Council must appoint a pro forma complainant to act on behalf of the Council in terms of this Chapter. |
| (3) | A preliminary investigating committee appointed by the Council may— |
| (a) | investigate all matters of alleged unprofessional conduct; |
| (b) | based on evidence, determine whether the case should be referred for a professional conduct inquiry; and |
| (c) | in the case of a minor offence, recommend a prescribed fine instead of a full professional conduct inquiry. |
| (4) | The Registrar may then issue a summons on the prescribed form against the defendant carrying an endorsement by the committee of preliminary investigation that the defendant may admit that he or she is guilty of unprofessional conduct and that he or she may pay the fine specified in the summons, without having to appear at an inquiry in terms of section 46. |
| (5) | If a summons referred to in subsection (4) is issued against a defendant he or she may, without appearing at an inquiry in terms of section 46, admit that he or she is guilty of unprofessional conduct by paying the prescribed admission of guilt fine to the Council on or before the date specified in the summons. |
| (a) | A penalty imposed under this section, excluding an admission of guilt fine, is effective within 14 days after notification. |
| (b) | The imposition of a fine under this section has the effect of a judgment in civil proceedings in the magistrate’s court of the district in which the inquiry in question under section 46 took place or the district wherein the defendant is subsequently resident or employed. |
| (7) | A penalty referred to in subsection (1) imposed by a professional conduct committee or the preliminary investigation committee referred to in subsection (3), other than a reprimand, is not effective until confirmed by the Council, but a penalty referred to in subsection (1) imposed by a professional conduct committee or any order made by such committee under subsection (1) must, if such committee so directs in the public interest, come into operation forthwith, and must then lapse after expiry of a period of six months unless confirmed by the Council within that period. |
| (a) | During an inquiry in terms of this section, the defendant must be afforded an opportunity of pleading to the charge and of being heard in his or her defence. |
| (b) | Any party in a professional conduct hearing has the right to be represented by a person of his or her choice, but such representative must adhere to the prescribed procedure pertaining to such inquiry. |
| (c) | Despite a plea of guilty by a defendant, the Council or a professional conduct committee may require the pro forma complainant or defendant to lead evidence. |
| (9) | Any penalty imposed under subsection (1) must be reduced to writing and signed by the chairperson of the Council and dealt with in the prescribed manner. |
| (a) | The Council or a professional conduct committee may— |
| (i) | take evidence from any witness who has been subpoenaed by the Registrar; |
| (ii) | administer an oath to, or take an affirmation from, any witness; and |
| (iii) | examine any book, record, document or thing which a witness has been , required to produce. |
| (b) | A subpoena to appear before the Council or a professional conduct committee as a witness or to produce any book, record, document or thing must be in the prescribed form and must be served either by registered post or in the same manner as a subpoena issued by a magistrate's court. |
| (c) | A person subpoenaed under this subsection who— |
| (i) | refuses or, without sufficient cause, fails to attend and give evidence relevant to the inquiry at the time and place specified in the subpoena; |
| (ii) | refuses to take the oath or to make an affirmation when required by the chairperson to do so; |
| (iii) | refuses to produce any book, record, document or thing which he or she is in terms of the subpoena required to produce; |
| (iv) | wilfully misIeads the Council or a professional conduct committee; or |
| (v) | refuses to answer any question that is not self-incriminatory or to answer, to the best of his or her knowledge and belief, any question lawfully put to him or her, |
is guilty of an offence and on conviction liable to a prescribed fine.
| (d) | A person so subpoenaed is entitled to all the privileges to which a witness subpoenaed to give evidence before a magistrate's court is entitled. |
| (11) | The chairperson of a professional conduct committee may appoint assessors to advise the Council or such committee on matters of law, procedure or evidence when holding an inquiry. |
