Nurses and Midwives Act

This section provides definitions of terms used in the Act (for example "certificate", "council", "nurse", "midwife", "health unit", and others).

Establishes the Nurses and Midwives Council as a corporate body with a common seal and grants it capacity to sue or be sued and to perform acts of a corporate body; specifies the council's seal and its authentication.

The council must perform a list of functions concerning regulation, supervision, certification, registration, advice to Government, and general control over the nursing and midwifery professions.

Sets out the council's composition; lists member categories; disqualifies certain persons from appointment; requires the Minister to appoint members in consultation and requires the council to make rules; designates the registrar as secretary.

Members of the council, including the chairperson, serve three-year terms from their appointment and may be reappointed for no more than two terms.

Members must vacate office when disqualified or upon written resignation; the Minister may appoint replacements (temporary or full) who serve until the original term expires.

Members of the council and other persons attending council meetings may be paid remuneration or an allowance determined by the council in consultation with the Minister.

The Minister may amend the Schedule by statutory instrument, after consulting the council.

The Health Service Commission appoints the registrar of the council from among registered nurses and midwives; the office becomes vacant on resignation, removal for incapacity, or if found guilty of professional misconduct.

The registrar is the council's chief executive and head of secretariat and has specific duties including maintaining registers, recording minutes, inspecting maternity homes, implementing council decisions, and performing duties directed by the council.

Creates the office of a deputy registrar appointed by the Health Service Commission from among registered nurses and midwives; assigns the deputy registrar duties and power to deputise the registrar.

The council must have other officers and employees (appointed by the council); those officers and employees must hold office on terms determined by the council; public officers may be seconded to the council.

The council must have a secretariat to assist it in carrying out its functions under this Act.

The council must have funds from specified sources and must operate a bank account determined and operated by the council.

The council's financial year must be the twelve months from 1 July to 30 June.

The council must prepare and submit annual estimates of income and expenditure for the next year to the Minister within three months before the end of each financial year; the council may submit supplementary estimates at any time before the end of a financial year.

Requires the council to keep proper accounts, prepare annual financial statements and submit an annual report to the Minister within three months; the Auditor General must audit the accounts within two months of receipt and report opinions to the Minister and the council; the Minister must lay the report and audited accounts before Parliament.

The council must prescribe training courses for nurses and midwives and must issue diplomas or certificates to persons who pass the qualifying examinations.

Persons holding specified nursing or midwifery qualifications are entitled to be registered or enrolled in the appropriate category.

The council may recognise institutions and qualifications (other than those in section 19 (a)-(c)) for registration or enrollment; the registrar must publish qualifications in the Gazette each year between 1 January and 31 March; the council may withdraw recognition if professional standards require, and such withdrawal does not affect existing registrations or provisionally registered persons' entitlement to remain and practise.

A person with a qualification not recognised by the council may apply; the council may arrange interviews/examinations, require training or further exams, appoint a committee to assess suitability, and must authorise registration or enrollment if satisfied with interview/exam results or when specified conditions are fulfilled.

The registrar must keep and maintain a register and a roll of nurses and midwives, enter specified particulars against each registered or enrolled person, publish each registered person's name in the Gazette as soon as practicable, and publish an up-to-date register and roll in the Gazette between 1 January and 31 March each year; the council may determine other particulars and prescribes the forms.

Qualified persons may apply to the council to be registered or enrolled; the council, if satisfied of eligibility, shall authorise the registrar to enter the person's name; applications must be in the prescribed form with documentary proof of qualifications and the prescribed fee; the registrar must not register a person removed under section 19(c).

When a nurse or midwife is registered or enrolled, the registrar must issue that person a certificate of registration or enrollment in a prescribed form with the council's seal affixed.

Registered nurses or midwives practising in a health unit must apply to the council for a practising licence.

Registered persons may use the titles "Registered Nurse" or "Registered Midwife"; enrolled persons may use the titles "Enrolled Nurse" or "Enrolled Midwife". Using a title one is not entitled to use is an offence.

Registration or enrollment under this Act does not give any person rights under the Medical and Dental Practitioners Act, including assuming titles, practising medicine/surgery/dentistry, granting medical or death certificates, or undertaking responsibility for parturition cases.

The council may, after inquiry, remove a person's name from the register or roll for specified grounds (criminal conviction involving moral turpitude, professional misconduct, or suspension).

The council may reinstate a person's name on the register or roll on application after a prescribed period and on payment of a prescribed fee; after reinstatement the council may restore lapsed establishment registration and may impose conditions.

Allows experienced midwives and nurses to apply to the council for licences to engage in private practice; council may grant licences if satisfied; licences valid and renewable for one calendar year; registrar must keep register; renewal conditions set by council and less favourable renewal conditions cannot be imposed without a hearing.

Licensed persons must annually, before 31 January, submit a report of transactions and cases from the preceding year and make registers and records available to the supervisory authority; if the supervisory authority is satisfied it issues a letter of competence, which the licensed person must present with the renewal application to the registrar before 31 January.

Registered nurses and registered or enrolled midwives who intend to open a nurse health unit or maternity home must apply to the council for registration; the council must inquire, receive a prescribed fee, authorise registration and issue a licence; the registrar must not register in a nurse or midwife's name unless satisfied a registered medical practitioner will supervise.

The council must publish in the Gazette, soon after registration and licensing of a nurse health unit or maternity home, specified details including names, addresses, qualifications and registration dates of supervising practitioners and registered nurses/midwives, the unit’s name and address, and licence conditions.

Registered or enrolled nursing personnel must not stockpile, retail or wholesale drugs at their nurse health unit or maternity home except with a special licence; nurses and midwives must not perform procedures beyond common conditions and must refer cases beyond their ability to a medical practitioner; employing an unregistered substitute in the same category is an offence.

The registrar or an authorised registered nurse or midwife must enter and inspect nurse health units or maternity homes (with police assistance if necessary); the inspector must report required actions to the council within thirty days; the council may inquire and take action after hearing the owner.

Establishes a disciplinary committee of the council with specified members (chairperson, three council-appointed members, one person of the same registration/enrolment category as the subject, an advocate of at least five years standing, a member of the Health Service Commission, a supervisory authority from the area, and the registrar who is secretary) and requires five members including the chairperson and a same-category person to form a quorum.

The disciplinary committee may inquire into the conduct of a registered or enrolled nurse or midwife for specified grounds; the registrar must convene the committee and serve at least twenty-eight days' written notice; the nurse or midwife is entitled to attend and be represented; the committee may proceed if the person fails without reasonable excuse.

The committee conducting an inquiry under section 37 has the High Court's powers to summon witnesses, require documents and examine persons on oath; summons must be signed by the registrar; oaths must be authenticated by the person presiding.

A person served with a summons under section 37 must not fail without reasonable cause to obey the summons, must not refuse without reasonable cause to answer questions put by the committee, and must not wilfully interrupt or insult committee members.

The committee, after due inquiry, may recommend removal from register/roll, suspend for a period, or reprimand nurses or midwives.

The committee must record and sign written records of its inquiry proceedings; suspended nurses or those removed from the register must surrender their certificate as directed by the committee.

An aggrieved person may appeal to the High Court within one month of notification (or within any further period the High Court allows); the High Court's decision is final.

The council may appoint committees to assist its functions; such committees must deliberate on matters assigned and make findings and recommendations; the council appoints committee chairpersons from its members.

A registered or enrolled person who leaves one practising place and starts practising elsewhere must, within seven days before starting, give notice with a recommendation from the supervising authority; the notice must include particulars required by rules; failure to comply is an offence.

A person registered or enrolled under the Act who acquires additional qualifications approved by the council may have that additional qualification entered in the register or roll on payment of a prescribed fee.

A supervisory authority must supervise nurses and midwives, investigate and report misconduct, may suspend practice for up to three months when necessary and must report convictions to the disciplinary committee; the council may appoint senior nurses or midwives as supervisory authorities for areas.

The supervisory authority appointed under section 46 must notify the registrar in writing when it receives information of the death of a registered or enrolled nurse or midwife.

Publication of a list in the Gazette is prima facie evidence of registration or non-registration; a registrar-certified copy or extract of a register shall be received in evidence in court.

A nurse or midwife in private practice may charge reasonable fees for attendance, treatment, services and drugs, and is entitled to sue to recover those charges with full costs in a competent court.

The Minister may make regulations (on the council's recommendation) to carry out this Act and may prescribe fees, forms, registers, procedures, examinations, curricula, standards and other matters under the Act.

It is an offence for a person to make false or fraudulent representations to procure registration or enrolment, or to wilfully make false entries in the register or roll.

Registered or enrolled nurses and midwives in active practice must undergo minimum continuing education courses as prescribed by the council to remain on the register; the council may delegate arranging those courses to a professional association; failure to satisfy the council about having engaged in the education can be grounds for disciplinary action.

Unregistered persons who use protected nursing/midwifery titles, portray themselves as registered, wear prescribed distinguishing devices to deceive, or who practise for gain as a nurse or midwife commit an offence; traditional birth attendants are excepted and may practise only in local communities.

A person who commits an offence under this Act is liable on conviction to a fine between three hundred thousand and three million shillings, or to imprisonment between three months and three years, or to both.

All rights, assets and liabilities of the former council are vested in the council, and from the Act's coming into operation the council must discharge those obligations and indemnify the former council for them and related costs.