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

Chapter 5 : General and Supplementary Provisions

56. Special provisions relating to certain nurses

 

(1) Despite the provisions of this Act or any other law, the Council may register a person who is registered in terms of section 31(1)(a), (b) or (c) to assess, diagnose, prescribe treatment, keep and supply medication for prescribed illnesses and health related conditions, if such person—
(a) provides proof of completion of prescribed qualification and training;
(b) pays the prescribed registration fee; and
(c) complies with subsection 6.

 

(2) The Council must issue a registration certificate to a person who complies with the requirements referred to in subsection (1).

 

(3) The registration certificate referred to in subsection (2) is valid for a period of three years.

 

(4) The Council may renew a registration certificate referred to in subsection (2) subject to such conditions as the Council may determine.

 

(5) A person registered in terms of subsection (1) may—
(a) acquire, use, possess or supply medicine subject to the provisions of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965); and
(b) dispense medicines subject to the provisions of the Medicines and Related Substances Act, 1965.

 

(6) Despite the provisions of this Act, the said Medicines and Related Substances Act, 1965, the Pharmacy Act, 1974 (Act No. 53 of 1974), and the Health Professions Act, 1974 (Act No. 56 of 1974), a nurse who is in the service of—
(b) a provincial department of health;
(c) a municipality; or
(d) an organisation performing any health service designated by the Director-General after consultation with the South African Pharmacy Council referred to in section 2 of the Pharmacy Act, 1974,

and who has been authorised by the Director-General, the head of such provincial department of health, the medical officer of health of such municipality or the medical practitioner in charge of such organisation, as the case may be, may in the course of such service perform with reference to—

(i) the physical examination of any person;
(ii) the diagnosing of any physical defect, illness or deficiency in any person; or
(iii) the keeping of prescribed medicines and their supply, administering or prescribing on the prescribed conditions;

any act which the said Director-General, head of provincial department of health, medical officer of health or medical practitioner, as the case may be, may, after consultation with the Council, determine in general or in a particular case or in cases of a particular nature, if the services of a medical practitioner or pharmacist, as the circumstances may require, are not available.

 

(7) A person contemplated in subsection (1) is not entitled to keep an open shop or pharmacy.

 

(8) For the purpose of subsection (7) "open shop" means a situation where the supply of medicines and scheduled substances to the public is not done by prescription by a person authorised within the scope of practice concerned to prescribe medicine.