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

Chapter 2 : Education, Training, Research, Registration and Practice

31. Registration as prerequisite to practise

 

(1) Subject to the provisions of section 37, no person may practise as a practitioner unless he or she is registered to practise in at least one of the following categories:
(a) Professional nurse;
(b) midwife;
(d) auxiliary nurse; or

 

(2) The Minister, after consultation with the Council, may by notice in the Gazette create such other categories of persons to be registered to practise nursing as he or she considers necessary in the public interest.

 

(3) An employer must not employ or retain in employment a person to perform the functions pertaining to the profession of nursing, other than a person who holds the necessary qualification and who is registered under subsection (1) or (2).

 

(4) No person may use as a title any of the categories contemplated in subsection (1) or (2) unless he or she is registered as such in terms of this section.

 

(5) A practitioner who wishes to register in terms of subsection (1) must apply in the prescribed manner to the Registrar and submit with his or her application—
(a) proof of identity;
(b) certificate of good character and standing;
(c) proof of his or her qualifications;
(d) the prescribed registration fee; and
(e) such further documents and information in relation to his or her application as may be required by the Registrar on the instructions of the Council.

 

(6) If the Registrar is satisfied that the information and documentation submitted in support of an application for registration meet the requirements of this Act and upon receipt of the prescribed registration fee, the Registrar must issue a registration certificate authorising the applicant, subject to the provisions of this Act, to practise or engage in any of the categories contemplated in subsection (1) within the Republic.

 

(7) If the Registrar is not satisfied that the information and documentation submitted in support of an application for registration meet the requirements of this Act, he or she must refuse to issue a registration certificate to the applicant and must inform the applicant in writing of the reasons for his or her decision, but must, if so required by the applicant, submit the application to the Council for a decision.

 

(8) The Registrar may only register a person in terms of subsection (1) if the Registrar is satisfied that the person applying for registration is suitably qualified or if the Council is so satisfied.

 

(9) Any entry which is proved to the satisfaction of the Council to have been made in error or through misrepresentation or in circumstances not authorised by this Act may be removed from the register and—
(a) a record of the reason for every such removal must be made in the register;
(b) the person in respect of whom such removal has been made must be notified thereof in writing by the Registrar; and
(c) any certificate issued in respect of such registration is considered to have been cancelled as from the date on which notice has so been given.

 

(10) The Registrar must delete from the register the name of the practitioner or mark in the register the name of any person removed or suspended, respectively, from practice and must notify such person in writing accordingly.

 

(11) A person who contravenes subsection (1), (3) or (4) is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.

 

(12) A person who has completed a programme qualifying him or her for registration in another category must apply to have his or her entry in the register altered accordingly.

 

(13) A person who completed a programme leading to registration in a higher category must, upon application and after evaluation by the Council, have his or her entry in the register altered accordingly.

 

(14) A practitioner must notify the Registrar in writing of any change of particulars within 30 days after such change.