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

Chapter 3 : Powers of Council with regard to unprofessional conduct

48. Postponement of imposition and suspension of operation of penalty

 

(1) Where a person has been found guilty of unprofessional conduct, a professional conduct committee may—
(a) postpone the imposition of a penalty for such period and on such conditions as it may determine; or
(b) impose any penalty mentioned in section 47(1)(b) or (c) but may order the execution of the penalty to be suspended for such period and on such conditions as it may determine.

 

(2) If, at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1)(a), the Council is satisfied that a registered person has observed all the relevant conditions of a penalty imposed, the Council must inform such registered person that the penalty contemplated in section 47 will not be imposed upon him or her.

 

(3) If the execution of the penalty or any part thereof has been suspended in terms of subsection (1)(b) and the Council is satisfied that the person concerned has observed all the relevant conditions throughout the period of suspension, the Council must inform that person that the penalty contemplated in section 47 will not be executed.

 

(4) If the execution of the penalty or any part thereof has been suspended in terms of subsection (1)(b) and the practitioner concerned fails to comply with one or more of the conditions of suspension, the Council must put the penalty or part thereof into operation unless the practitioner satisfies the Council that the failure to comply with the conditions concerned was due to circumstances beyond his or her control.