| (1) |
Whenever it appears to the Council that a person registered in terms of the Act is or may be incapacitated as a result of disability or is or may be impaired, whether mentally or otherwise, to such an extent that— |
| (a) |
it would be detrimental to the public interest to allow him or her to continue to practise; |
| (b) |
he or she is unable to practise the profession with reasonable skill and safety; or |
| (c) |
in the case of a learner, has become unfit to continue with the education programme, |
the Council must appoint a committee to conduct an inquiry in the prescribed manner.
| (2) |
If the Council after holding an inquiry finds the person registered in terms of the Act incapacitated or impaired as referred to in subsection (1), the Council may— |
| (a) |
allow that person to continue practising the profession and in the case of a learner to continue with the education programme under such conditions as it may think fit; or |
| (b) |
suspend that person for a specified period or stop that person from practising and, in the case of a learner, from continuing with his or her education and training programme. |
| (3) |
If a person referred to in subsection (2) applies for re-instatement, the Council must evaluate the person’s ability to continue practising and may extend or withdraw the period of operation of the suspension. |
| (4) |
Section 49 must, with the necessary changes, apply in respect of a practitioner suspended in terms of subsection (2). |
| (5) |
A practitioner registered under this Act who contravenes or fails to comply with the provisions of subsection (2)(a) or (b) is guilty of an offence. |
| (6) |
The committee referred to in subsection (1) may appoint persons with relevant expertise and experience as assessors to advise such committee. |
| (7) |
For the purposes of this section "impairment" refers to a condition which renders a practitioner incapable of practising nursing with reasonable skill and safety. |
Older Persons Act, 2006
