Nursing Act, 2005 (Act No. 33 of 2005)RegulationsRegulations Relating to the Conducting of Inquiries into Alleged Unfitness to Practice Due to Disability or Impairment of Persons registered in terms of the Nursing Act, 2005 (Act No. 33 of 2005)10. Preliminary Assessment |
| (1) | Notwithstanding regulation 9, the Impairment Committee may, after due consideration of the matter referred to it in terms of regulation 4(2), schedule a preliminary assessment meeting and determine whether the matter should be referred for an inquiry. |
| (2) | At the preliminary assessment meeting, the Impairment Committee may— |
| (a) | invite the Respondent to make representations to the Impairment Committee in person; |
| (b) | invite the Respondent, at the cost of the Council, to submit to medical examination by health examiner appointed by the Council; |
| (c) | consult with or seek further information regarding the complaint from any person, including the Respondent. |
| (3) | A preliminary assessment meeting may after due consideration of the matter, decide to— |
| (a) | dismiss the complaint or allegation; |
| (b) | refer the allegation to the Professional Conduct Committee to be dealt with in terms of the regulations relating to professional conduct enquiries, except where it appears that the Respondent may be a regular offender which may necessitate an investigation into possibility of impairment; |
| (c) | refer the allegation for an inquiry in terms of these regulations; or |
| (d) | temporarily suspend the Respondent from practice pending such an inquiry. |
| (4) | The Impairment Committee may adjourn its consideration of such an allegation— |
| (a) | until such time as any further information has been obtained, or |
| (b) | where the Respondent has undertaken an assessment or medical examination, a report on him or her has been prepared, or the Impairment Committee was notified that the Respondent is not mentally fit to stand for assessment. |
| (5) | If preliminary assessment meeting decides, after due consideration of the matter, that there are no grounds for an inquiry, it shall direct the Registrar to communicate in writing its decision to the complainant and the Respondent stating the reason(s) for such decision. |
| (6) | If the preliminary assessment meeting decides, after due consideration of the matter, that an inquiry must be held in terms of section 51 of the Act, it must direct the Registrar who must communicate the decision to the Respondent and then arrange for the holding of an inquiry. |