Nursing Act, 2005 (Act No. 33 of 2005)

Regulations

Regulations 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)

18. to 20. Referral of allegation from the Impairment Committee to the Professional Conduct Committee
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18.Where the Impairment Committee is considering an allegation or complaint referred to it in terms of these regulations and the Impairment Committee—
(a)at a preliminary assessment meeting held in accordance with regulation 10; or
(b)at the commencement of or during the inquiry by the Impairment Committee;

it appears that the allegation would be better dealt with by the Professional Conduct Committee; the Impairment Committee may refer the allegation to the Professional Conduct Committee, and shall suspend its consideration of the allegation and accordingly inform the Respondent and the complainant, if any.

 

19.Where the Impairment Committee refers an allegation to the Professional Conduct Committee under sub-regulation {1); and the Professional Conduct Committee determines, after the close of the Council's case, that the allegation is not well founded, or that the allegation has not been proved, the Impairment Committee may resume its consideration of the allegation.

 

20.Subject to sub-regulation (2), where the Impairment Committee refers an allegation to the Professional Conduct Committee under paragraph (1); and the Professional Conduct Committee makes a decision on the sanction the Impairment Committee shall have no further function in relation to the allegation.