Nurses and Midwives Act, 1970
- Commenced on 1 December 1970
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Nurses and Midwives Act.
Part II – General Nursing Council of Zambia
3. Establishment of General Nursing Council of Zambia
4. Establishment and proceedings of committees of CouncilSubject to the provisions of this Act, the Council may appoint from among its members an Executive Committee and an Examinations Committee and such other committees as it may deem expedient and may delegate to a committee such of its powers as it may from time to time determine, and make rules for regulating the proceedings of those committees.
5. Registrar and staff, of Council
6. Office of CouncilThe office of the Council shall be at Lusaka, but this provision shall not prevent the holding of meetings of the Council or of any committee thereof at any other place.
7. Funds of Council
8. Accounts and audit
Part III – Registration and enrolment
9. Establishment of register and roll
10. General provisions as to admission to register and roll
11. Appeal against refusal of registration or enrolment
12. Removal from and restoration to register or roll
13. Custody and keeping of register and roll
14. Publication of copies of register and roll
15. Published copies of register and roll to be evidence
Part IV – Training
16. Power of Council to consider matters relating to training
17. Diplomas and certificates of competency
18. Rules relating to trainingThe Council may, by statutory instrument, make rules as to—
Part V – Prohibitions and restrictions
19. Prohibition of falsely professing to be registered or enrolledAny person, not being registered or enrolled, who by any means whatsoever holds himself out to be a registered or enrolled nurse or a registered or enrolled midwife, or uses any name, title, description or symbol indicating or calculated to lead persons to infer that he is such a nurse or midwife shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand five hundred penalty units.[As amended by Act No. 13 of 1994]
20. Prohibition of false assumption or use of title, uniform, badge, etc., relating to registered or enrolled persons
21. Falsification of register or rollAny person who wilfully makes, or causes to be made, a falsification in a matter relating to the register or the roll shall be guilty of an offence and liable on conviction to a fine not exceeding three thousand penalty units.[As amended by Act No. 13 of 1994]
22. Fees for prohibited acts not recoverableNo remuneration or reward shall be recoverable by legal proceedings in respect of any act pertaining to the profession of a registered or enrolled person where such act is performed by a person who is prohibited by this Act from performing such act for gain.
23. Uniforms and badges
Part VI – Discipline
24. Disciplinary Committee of Council
25. Proceedings of Disciplinary Committee
26. Powers of Disciplinary Committee and inquiries
27. Disiplinary powers
28. Restoration of names to register or roll
29. Deletions from register or roll on grounds of fraud or error
31. Rules relating to disciplinary proceedings
Part VII – Miscellaneous
32. Approval of rulesNo rules made by the Council under this Act shall have the force of law until they have been approved by the Minister.
33. Protection of CouncilSave as provided by this Act, no civil or criminal proceedings shall lie against the Council or any member or employee of the Council in respect of any act or duty performed in accordance with Part VI.
34. Recovery by Council of fees, etc.The Council may by action in a competent court recover any costs ordered to be paid to the Council under section twenty-seven or any fee payable to the Council under this Act.
35. Proof of registration or enrolmentIn any criminal proceedings against any person upon a charge of having performed any act which constitutes an offence if performed by a person who is not registered or enrolled, the person charged shall be deemed not to be registered or enrolled unless he proves the contrary.
36. Notification of deaths of registered or enrolled personsIf the Registrar-General of Births and Deaths receives notice of a death showing that the deceased belonged to a profession in respect of which a register or a roll is maintained under this Act, he shall forthwith notify the Registrar of such death.
37. Notification of prima facie evidence of infamous conductWhenever in the course of any proceedings before any court in Zambia it appears to the court that there is prima facie evidence that a registered or enrolled person has been guilty of infamous conduct in any professional respect, the court shall cause a copy of the record of such proceedings, or of such portion thereof as is material to the issue, to be transmitted to the Registrar.
38. ConstructionIn any written law other than this Act, unless the context otherwise requires—
Part VIII – Transitional
39. Persons deemed to be registered or enrolledFor the purposes of this Act, any person who, at the commencement of this Act—
40. SavingNothing in this Act shall render invalid any diploma or certificate issued under, the Medical and Allied Professions Act, or any qualification or standard of education or instruction attained or received, including any course of instruction or examination undergone, by any person under that Act:Provided that nothing in this section shall prevent or prejudice the exercise by the Council of the powers conferred on it by Part IV in relation to any of the foregoing matters.[Cap. 297]
History of this document
31 December 1996 this version
01 December 1970
|Nurses and Midwives (Appeals) Rules, 1984||Statutory Instrument 10 of 1984|