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)5. Notice of Referral |
| (1) | The Registrar must notify the person registered in terms of the Act, hereinafter referred to as "the Respondent" of any complaint or allegation against such Respondent, by serving a notice of referral on the Respondent. |
| (2) | The notice of referral must— |
| (a) | provide the details of the allegation or complaint lodged; |
| (b) | inform the Respondent that he or she has a right to be represented by a legal practitioner, medical adviser his or her choice at his or her own cost or union representative and to be accompanied by a family member or friend at the enquiry representative; |
| (c) | inform the Respondent of his or her right to be heard by the Impairment Committee; |
| (d) | invite the Respondent to submit written representation to the Impairment Committee and state that representations must be submitted by the Respondent to the Registrar no later than 28 calendar days after the notice has been served; |
| (e) | request the Respondent to voluntarily submit to examination by a health examiner(s); |
| (f) | inform the Respondent that he or she can within the time specified in such notice submit reports from a medical practitioner of his or her own choice to rebut the allegation or complaint that he or she is unfit to practise due to disability or impairment; |
| (g) | invite the Respondent to submit within the time specified in such notice any observations or other evidence regarding his or her physical or mental condition which he or she may wish to offer; |
| (h) | inform the Respondent that, if he or she refuses to submit voluntarily to examination by a health examiner or if, after having agreed to such examination, he or she subsequently fails to submit to the required examination, the matter may be referred to the Impairment Committee for an inquiry in terms of these regulations; |
| (i) | inform the Respondent that the information, reports and other documentation may be submitted to a health examiner for evaluation and a recommendation; and |
| (j) | inform the Respondent that the Impairment Committee may seek such further information as it considers necessary for the purposes of carrying out its functions in investigating the allegation from the Respondents' employer, if any, or any other source other than the Respondent. |
| (3) | The Registrar must furnish the Respondent with the information received and must enclose copies of any medical reports. |