Nursing Act, 2005 (Act No. 33 of 2005)Chapter 5 : General and Supplementary Provisions58. Regulations |
| (a) | the appointment of members of the Council in terms of section 5(1) and the requirements for a valid nomination of a candidate for appointment as a member of the Council; |
| (b) | the register to be kept, the information which must be recorded in the register and the manner in which alterations may be effected in the register and the diplomas and certificates that may be issued, in terms of this Act; |
| (c) | the conditions under which extracts from the register may be made; |
| (d) | the particulars to be furnished to the Council to enable it to keep the register; |
| (e) | the registration of an additional qualification; |
| (f) | the qualifications, and the conditions to be complied with, which entitle a person to be registered under section 31; |
| (g) | accreditation of institutions as nursing education institutions; |
| (h) | identification symbols provided by the Council that a practitioner may use; |
| (i) | the instituting and holding of professional conduct inquiries; |
| (j) | the conditions under which private practice may be licenced; |
| (k) | the circumstances in which any name may be removed from or restored to a register; |
| (l) | the manner of instituting, and the procedure to be followed at, an appeal hearing in terms of section 57 and any other matter incidental thereto; |
| (m) | mandatory supplementary training or refresher courses to be undergone or taken by persons registered under this Act, the provision of and control over such training or courses, the intervals between such training or courses and sanctions for failure to undergo such training or take such courses; |
| (n) | the performance of community service; |
| (o) | ethical conduct for research; |
| (p) | conditions for limited registration in terms of section 33; |
| (q) | the scope of practice of practitioners; |
| (r) | the fees and fines payable in terms of this Act; and |
| (s) | generally, any matter which in terms of this Act is required or may be done, which the Minister considers necessary or expedient to prescribe in order that the objects of this Act may be achieved. |
| (2) | The Minister may make regulations regarding— |
| (a) | procedures for the proper functioning of the Council where, in the opinion of the Minister, the Council is not fulfilling one or, more of its functions adequately; |
| (b) | disciplinary steps that may be taken against a member, the chairperson or the vice-chairperson for failure to perform his or her duties as required in terms of this Act, including the suspension of a member, chairperson or the vice-chairperson from the office pending an investigation into his or her conduct as a member of a profession or as a member, chairperson or vice-chairperson of the Council, or a criminal investigation involving such person; |
| (c) | interim measures for the continued management and functioning of the Council in the event that the Minister terminates membership of 10 or more members simultaneously in terms of section 8 or that the Minister dissolves the Council in terms of section 5(7); |
| (d) | investigations to be conducted into the affairs of the Council concerning the procedure at Council meetings and meetings of the executive committee of the Council, keeping of records of meetings and resolutions of the Council, the manner in, and extent to, which the Council fulfils its functions in terms of this Act and any other matter which, in the opinion of the Minister, is impeding the Council in the fulfilment of its functions; and |
| (e) | returns, reports, registers, records, documents and forms to be completed and kept by the Council or to be submitted to the Minister or the Director-General by the Council. |
| (3) | A regulation made in terms of this Act may prescribe penalties for any contravention thereof or failure to comply therewith. |
| (4) | A notice issued or regulation or order made under this Act may from time to time be amended or revoked by the authority which issued or made it. |
| (5) | The Minister must, not less than three months before any regulation is made under subsection (1), publish the regulation in the Gazette together with a notice— |
| (a) | declaring his or her intention to make such regulations; and |
| (b) | inviting interested persons to comment thereon or to make representations with regard thereto. |
| (6) | Subsection (5) does not apply in respect of— |
| (a) | any regulation which, after the provisions of subsection (5) have been complied with, has been amended by the Minister in consequence of representations received by him or her as a result of the notice published in terms of subsection (5); and |
| (b) | any regulation in respect of which the Council advises the Minister that the public interest requires it to be made without delay. |