Uganda Act or statute

Parliament of Uganda

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 c…

Jurisdiction: Uganda
Structure: 55 provisions
Citation: Chapter 274
Dates: As at 31 Dec 2000

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Dates: As at 31 Dec 2000

Source attribution: Source: Uganda Legal Information Institute

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

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.

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Interpretation - Interpretation

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

Section 1

Financial provisions - Financial year

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

Section 15

Registration and enrollment of nurses and midwives - Removal from the register or roll

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).

Section 28

Disciplinary provisions - Appeal from the decision of the council

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.

Section 42

Miscellaneous provisions - Assets and liabilities of former council to vest in council

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.

Section 55

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Showing 55 of 55 provisions

Provision 42Offence 8Substitution 2Interpretation

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

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

Section Interpretation Section In this Act, unless the context otherwise requires— " certificate " means a certificate issued under section 18 ; " chairperson " means the chairperson of the council appointed under section 4 ; " council " means the Nurses and Midwives Council established under section 2 ; " diploma " means a diploma issued under section 18 ; " enrolled " means having the name entered in the roll under section 22 ; " former council " means the council established under the Nurses, Midwives and Nursing Assistants Act, 1964; " Gazette " means the Uganda Gazette and includes the Gazette Extraordinary; " health unit " includes a private hospital, clinic, nursing home, maternity centre or other specialised establishment, as well as a Government unit of the same nature; " midwife " means a person who is trained and qualified in the care of women in relation to childbirth and in the care of infants and who is registered or enrolled under section 23 ; " Minister " means the Minister responsible for health; " nurse " means a person who is trained and qualified in the promotion of health, the prevention of disease and the care of the sick and who is registered or enrolled under section 23 ; " register " means the register kept under section 22 ; " registered " means having the name entered in the register under section 22 ; " registrar " means the registrar of the council appointed under section 10 ; " roll " means the roll kept under section 22 ; " supervisory authority " means a person or body appointed to be a supervisory authority under section 46 ; " traditional birth attendant " means a person recognised by her community as being able to assist women in childbirth.

Section 1Verify source

Part II

Establishment, functions and composition of the council

§ 2Establishment, functions and composition of the council - Establishment of the councilProvision

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.

Section Establishment of the council Section There is established a council to be known as the Nurses and Midwives Council which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, subject to this Act, may do or suffer all other things and acts as bodies corporate do or suffer. The seal of the council shall be such device as the council may determine and shall be authenticated in the manner provided under the Schedule to this Act.

Section 2Verify source

§ 3Establishment, functions and composition of the council - Functions of the councilProvision

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.

Section Functions of the council Section The functions of the council shall be— to regulate the standards of nursing and midwifery in the country; to regulate the conduct of nurses and midwives and to exercise disciplinary control over them; to approve courses of study for nurses and midwives; to supervise and regulate the training of nurses and midwives; to grant diplomas or certificates to persons who have completed the respective courses of study in nursing or midwifery; to supervise the registration and enrollment of nurses and midwives and the publication of the names of registered and enrolled nurses and midwives in the Gazette ; to advise and make recommendations to the Government on matters relating to the nursing and midwifery professions; to exercise general supervision and control over the two professions and to perform any other function relating to those professions or incidental to their practice.

Section 3Verify source

§ 4Establishment, functions and composition of the council - Composition of the councilOffence

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.

Section Composition of the council Section The council shall consist of— ex officio members— twelve members representing the following bodies— No person shall be appointed a member of the council if that person— a chairperson who shall be a senior registered nurse or midwife or both appointed by the Minister ; the commissioner for nursing services; the chief training officer (nursing); the registrar ; the senior principal nursing officer, Mulago Hospital; the senior principal nursing officer, Butabika Hospital; the head of the department of nursing, Makerere University; two representatives elected by the Uganda Nurses and Midwives Association; two tutors representing all nursing and midwifery schools in Uganda, elected from among their number; one representative elected by public health nurses from among their number; one representative elected by psychiatric nurses from among their number; two representatives of nurses and midwives working in nongovernment organisation hospitals; one representative of the Uganda Private Midwives Association; one representative of the Uganda Community-based Health Care Association; one representative of the Uganda Medical and Dental Practitioners Council; one representative of the Uganda Allied Health Professionals Council. The members of the council referred to in subsection (1) shall be appointed by the Minister in consultation with the associations, schools, organisations, councils or bodies they represent. The council shall make rules of procedure for the election of members representing the various categories. has been declared bankrupt or has entered into any composition with his or her creditors; has been convicted of an offence involving moral turpitude; is unable in the opinion of the medical board, by reason of infirmity of mind or body, to perform the duties of a member; has been disqualified under this Act or under the Uganda Medical and Dental Practitioners Act from practising or carrying on the profession or calling. The registrar shall be the secretary to the council .

Section 4Verify source

§ 5Establishment, functions and composition of the council - Term of officeProvision

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

Section Term of office Section A member of the council , including the chairperson , shall hold office for a term of three years from the date of appointment and shall be eligible for reappointment for not more than two terms.

Section 5Verify source

§ 6Establishment, functions and composition of the council - Vacation of officeProvision

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.

Section Vacation of office Section A member of the council shall vacate office if that member— becomes subject to any of the disqualifications under section 4 (4); by writing under the member’s hand addressed to the Minister , resigns the membership of the council . If any member of the council dies, resigns, is removed from office or for any other reason ceases to hold office before the expiration of the term for which he or she was appointed, the Minister may appoint another person to take the place of that member in accordance with section 4 (2), and the person so appointed shall hold office until the expiration of the term of office of the member in whose place he or she was appointed. If a member is unable to discharge the duties of a member of the council due to absence, illness or other cause, the Minister may appoint some other person to temporarily act in that member’s place during the period of inability of that member to discharge the duties.

Section 6Verify source

§ 7Establishment, functions and composition of the council - Remuneration of membersProvision

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.

Section Remuneration of members Section A member of the council or any other person attending a meeting of the council may be paid such remuneration or allowance that the council may, in consultation with the Minister , determine.

Section 7Verify source

§ 8Establishment, functions and composition of the council - Meetings of the councilAmendment

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

Section Meetings of the council Section The Schedule to this Act shall have effect in relation to the meetings of the council and other related matters specified in that Schedule. The Minister may, in consultation with the council , by statutory instrument, amend the Schedule.

Section 8Verify source

Part III

Management and staff of the council

§ 10Management and staff of the council - Registrar of the councilProvision

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.

Section Registrar of the council Section The office of registrar shall become vacant— There shall be a registrar of the council who shall be a public officer appointed by the Health Service Commission from among the registered nurses and midwives. if the registrar resigns office by writing addressed to the Health Service Commission; if, in the opinion of the council , the registrar becomes incapable of performing the duties of registrar and is removed from office; or if the registrar is found by the council guilty of professional misconduct.

Section 10Verify source

§ 11Management and staff of the council - Functions of the registrarProvision

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.

Section Functions of the registrar Section The registrar shall be the chief executive officer of the council and the head of the secretariat and as such shall— remove from any register or roll — keep and maintain the registers and the rolls of nurses and midwives; make necessary alterations and corrections in the registers or rolls in relation to any entry as may be directed by the council from time to time; the name of any person ordered to be removed under this Act; the name of a deceased nurse or midwife ; any entry which may have been incorrectly or fraudulently made in the register or roll ; with the consent of the person concerned, the name of a person who has ceased to practise; reinstate a name removed from the register or roll for a specified period at the request of the person concerned, after payment of the prescribed fee; inspect and have full access, on behalf of the council , to all maternity homes and nurse health units; implement the decisions of the council ; and perform any other duty that may be required under this Act or as the council may direct. The registrar shall be responsible for the recording of all the minutes of the meetings of the council and its committees and shall keep custody of all records and documents of the council .

Section 11Verify source

§ 12Management and staff of the council - Deputy registrarProvision

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.

Section Deputy registrar Section There shall be a deputy registrar who shall be a public officer appointed by the Health Service Commission from among the registered nurses and midwives. Section 10 (2) shall apply to the deputy registrar. The deputy registrar shall carry out such duties as the registrar shall assign to him or her, and the deputy registrar shall deputise the registrar in all his or her duties.

Section 12Verify source

§ 13Management and staff of the council - Other staffProvision

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.

Section Other staff Section The council shall have such other officers and employees as may be appointed by the council , and the officers and employees shall hold office on terms and conditions that shall be determined by the council . Public officers may be seconded to the council .

Section 13Verify source

§ 9Management and staff of the council - The secretariatProvision

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

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

Section 9Verify source

Part IV

Financial provisions

§ 14Financial provisions - Funds of the councilProvision

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

Section Funds of the council Section The funds of the council shall consist of— money appropriated to the council by Parliament from time to time; grants, gifts and donations to the council ; fees and other monies paid for services rendered by the council ; monies that may in any manner become payable to or vested in the council under the provisions of this Act or in relation or incidental to the carrying out of its functions. The council shall operate a bank account in a bank determined by the council , and the account shall be operated in a manner decided by the council .

Section 14Verify source

§ 15Financial provisions - Financial yearProvision

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

Section Financial year Section The financial year of the council shall be the twelve months beginning from the 1st day of July and ending on the 30th day of June.

Section 15Verify source

§ 16Financial provisions - EstimatesProvision

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.

Section Estimates Section The council shall, within three months before the end of each financial year, prepare and submit to the Minister for his or her approval estimates of income and expenditure of the council for the next ensuing year and may, at any time before the end of a financial year, prepare and submit to the Minister for his or her approval any supplementary estimates. No expenditure shall be made out of the funds of the council unless that expenditure is part of the expenditure approved by the Minister under estimates for the financial year in which that expenditure is to be made or in estimates supplementary to that year’s estimates.

Section 16Verify source

§ 17Financial provisions - Accounts and auditProvision

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.

Section Accounts and audit Section The council shall, within three months after the end of each financial year, submit— to the Minister an annual report in respect of that year containing— to the Auditor General— The council shall keep proper books of account and shall prepare the annual financial statement of accounts for the immediately preceding financial year not later than three months into the following year. The annual accounts of the council shall be audited by the Auditor General or an auditor appointed by him or her. financial statements; a report on the operations of the council ; any other information that the Minister may, prior to the completion of the annual report or as otherwise supplementary thereto, direct in writing; the accounts of the council for the financial year; and the annual report referred to under paragraph (a) of this subdivision. The Auditor General shall audit the accounts of the council within two months of the receipt thereof and submit his or her opinion on the accounts and the annual report to the Minister and the council . The Minister shall lay copies of the annual report together with a copy of the audited accounts before Parliament at the first available opportunity after receipt of them.

Section 17Verify source

Part V

Registration and enrollment of nurses and midwives

§ 18Registration and enrollment of nurses and midwives - Council to conduct coursesProvision

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

Section Council to conduct courses Section The council shall prescribe courses of training for nurses and midwives and issue diplomas or certificates, as the case may be, to persons who pass the qualifying examinations.

Section 18Verify source

§ 19Registration and enrollment of nurses and midwives - Eligibility for registration or enrollmentProvision

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

Section Eligibility for registration or enrollment Section A person holding any of the following minimum qualifications shall be eligible for registration or enrollment in the appropriate category to which the qualifications relate— a degree of Bachelor of Science in nursing recognised by the council ; a certificate or diploma in nursing issued by the council ; a person who produces evidence satisfactory to the council that he or she has been registered or enrolled as a nurse or midwife in any other country in which there is for the time being in force a law for registration or enrollment of nurses and midwives and in respect of which country the council is satisfied that the standard of training and examination is not inferior to the standard set by the council ; a nursing or midwifery qualification recognised by the council under section 20 .

Section 19Verify source

§ 20Registration and enrollment of nurses and midwives - Other qualifications recognisedProvision

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.

Section Other qualifications recognised Section The council may, taking into account the entrance requirements, the curriculum followed and, where possible, the professional standards exhibited by persons holding qualifications of the training institution awarding the qualification under consideration, recognise the institutions and qualifications other than those provided under section 19 (a), (b) and (c) for purposes of registration or enrollment under this Act. The training institutions recognised under subsection (1) shall be published in the Gazette as soon as the council recognises them; and the registrar shall, after the 1st day of January and not later than the 31st day of March in each year, cause to be published all qualifications under this section in the Gazette . The council may, at any time, if professional standards so require, withdraw its recognition under subsection (1); but the withdrawal shall not affect the registration or enrollment of any already registered or enrolled nurse or midwife or the entitlement of any provisionally registered or enrolled person to remain on the register or roll and to continue to practise.

Section 20Verify source

§ 21Registration and enrollment of nurses and midwives - Eligibility where qualifications not recognisedProvision

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.

Section Eligibility where qualifications not recognised Section A person holding a qualification which is not recognised by the council and which is not a qualification under section 18 may apply to the council, and the council may make arrangements for that person to attend an interview and sit for an oral or written examination or both for the purpose of having that qualification recognised by the council. The council may after interviewing or examining a person under subsection (1) direct that person to undergo a period of training or to undertake further examination as it may specify. The council shall authorise the registration or enrollment of a person if it is satisfied with the results of an interview or examination under subsection (1) or when the conditions given under subsection (2) are fulfilled to its satisfaction. The council may appoint a committee to assess the suitability for registration or enrollment of a person under this section, and the committee shall submit its findings and recommendations to the council for the council ’s decision.

Section 21Verify source

§ 22Registration and enrollment of nurses and midwives - Register and roll of nurses and midwivesProvision

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.

Section Register and roll of nurses and midwives Section The registrar shall keep and maintain a register and a roll of nurses and midwives and shall enter against the name of a person registered or enrolled — the address of contact; the date of entry; qualifications and additional qualification; and such other particulars as the council may determine. The registrar shall cause to be published in the Gazette the name of a person registered as soon as is practicable and shall, after the 1st day of January and not later than the 31st day of March in each year cause to be published in the Gazette an up-to-date register and roll maintained under this section. Subject to subsection (1), the register and the roll shall be in forms prescribed by the council .

Section 22Verify source

§ 23Registration and enrollment of nurses and midwives - Application for registration or enrollmentProvision

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).

Section Application for registration or enrollment Section A person who qualifies to be registered or enrolled as a nurse or midwife may apply to the council for registration or enrollment; and if the council is satisfied that the applicant is eligible for registration, it shall authorise the registrar to enter that person’s name on the register or roll . An application for registration or enrollment shall be in the prescribed form, and the application shall be accompanied by documentary proof of the qualifications of the applicant together with the prescribed fee. The registrar shall not register or enroll a person under section 19 (c) whose name has been removed from the register or roll in the country in which he had been registered.

Section 23Verify source

§ 24Registration and enrollment of nurses and midwives - Certificate of registration or enrollmentProvision

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.

Section Certificate of registration or enrollment Section On the registration or enrollment of a nurse or midwife , the registrar shall issue to the person registered or enrolled a certificate of registration or enrollment in a prescribed form with the seal of the council affixed on the certificate .

Section 24Verify source

§ 25Registration and enrollment of nurses and midwives - All registered nurses or midwives to be issued with practising licencesProvision

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

Section All registered nurses or midwives to be issued with practising licences Section A registered nurse or midwife practising in a health unit , whether private or public, shall apply to the council for a practising licence. An application for a licence under this section shall be accompanied by a copy of the certificate of registration. The council may, if satisfied that the applicant possesses the necessary qualifications, grant a licence. A practising licence granted under subsection (3) shall be valid for a period of three calendar years and may be renewed subject to conditions that the council may determine. A practising licence granted under subsection (3) shall not be issued subject to a condition which is less advantageous than that already attached unless the applicant has been given an opportunity of being heard by the council .

Section 25Verify source

§ 26Registration and enrollment of nurses and midwives - Titles used by registered or enrolled personsOffence

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.

Section Titles used by registered or enrolled persons Section A person registered under this Part of the Act may take and use the title "Registered Nurse" or "Registered Midwife", as the case may be. A person enrolled under this Part of the Act may take and use the title "Enrolled Nurse" or "Enrolled Midwife", as the case may be. A person who uses a title which he or she is not entitled to use under this section commits an offence.

Section 26Verify source

§ 27Registration and enrollment of nurses and midwives - Registration or enrollment not a right to practise medicineProvision

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.

Section Registration or enrollment not a right to practise medicine Section Registration or enrollment under this Act shall not confer upon any person a right under the Medical and Dental Practitioners Act— to assume a name, title or designation under that Act; to practise medicine, surgery or dentistry; to grant any medical certificate or certificate of death; or to undertake the charge of cases of abnormality or disease in connection with parturition.

Section 27Verify source

§ 28Registration and enrollment of nurses and midwives - Removal from the register or rollOffence

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).

Section Removal from the register or roll Section The council may, after inquiry, cause to be removed from the register or roll the name of any person— who is convicted by a court of law of a criminal offence involving moral turpitude; who is found guilty of professional misconduct by the council ; or who is suspended from practice. When the name of a person is removed from a register or roll in accordance with this Act, the registration of a maternity home or nurse health unit under his or her name shall also, by virtue of the removal, lapse, unless it is registered in a partnership with other registered or enrolled persons or until such time as another qualified person is registered in respect of those premises.

Section 28Verify source

§ 29Registration and enrollment of nurses and midwives - Restoration of name after removalProvision

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.

Section Restoration of name after removal Section The council may, on the application of the person whose name has been removed from the register or roll after the expiration of a prescribed period, cause the name of that person to be reinstated on the register or roll on the payment of a prescribed fee. Where the name of a person is reinstated on the register or roll , the council may restore the registration of the establishment that may have lapsed and may impose any condition it may deem fit.

Section 29Verify source

Part VI

Regulation of private practice

§ 30Regulation of private practice - Private practiceProvision

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.

Section Private practice Section A registered or enrolled midwife who has served in a hospital or health unit for not less than five years may apply to the council for a licence to engage in private practice as a midwife to undertake the care of women in relation to childbirth and of infants and to manage common health conditions in the community. A registered nurse who has served in a hospital or health unit for not less than ten years may apply to the council for a licence to engage in private practice to manage common health conditions in the community. An application for a licence under this section shall be accompanied by a copy of the certificate of registration issued under section 24 . The council may, if satisfied that the applicant possesses the necessary qualifications, authorise the registration and grant a licence to the applicant. A licence for private practice granted under subsection (4) shall be valid for the calendar year in which it is granted, but it may be renewed subject to conditions that the council may determine for a period of one calendar year at a time. A licence renewed under subsection (5) shall not be issued subject to a condition which is less advantageous than that already attached unless the person concerned has been given an opportunity of being heard by the council . The registrar shall keep a register of all persons engaged in private practice.

Section 30Verify source

§ 31Regulation of private practice - Annual report by a licensed personProvision

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.

Section Annual report by a licensed person Section A person who is licensed under this Part of the Act shall, before the 31st day of January in each year, make and submit to the supervisory authority a report of his or her transactions and all the cases he or she attended in the preceding year, and all the registers and records made by that person in the preceding year shall be made available to the supervisory authority for inspection. The supervisory authority shall, if satisfied with the transactions of the licensed person and the report made under subsection (1), issue a letter of competence to that licensed person; and the licensed person shall, before the 31st day of January each year, present the letter of competence, together with the application for renewal, to the registrar for the renewal of a practising licence.

Section 31Verify source

§ 32Regulation of private practice - Registration of maternity homes and nurse health unitsProvision

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.

Section Registration of maternity homes and nurse health units Section On and after the coming into force of this Act any— registered nurse ; and registered or enrolled midwife , who intends to open a nurse health unit or a maternity home shall apply to the council for the registration of such nurse health unit or maternity home. The council shall, after making an inquiry and receiving a fee prescribed by the council , authorise the registration of the nurse health unit or maternity home; and upon registration, a licence shall be issued in respect of that nurse health unit or maternity home. The registrar shall not register a nurse health unit or maternity home in the name of a registered nurse or midwife unless the registrar is satisfied that there is a registered medical practitioner in the locality who will supervise the nurse health unit or maternity home. A licence issued under subsection (2) shall be valid for the calendar year in which it is issued and will be subject to renewal for a period of one year at a time.

Section 32Verify source

§ 33Regulation of private practice - Publication of nurse health units and maternity homes in the GazetteProvision

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.

Section Publication of nurse health units and maternity homes in the Gazette Section The council shall cause to be published in the Gazette soon after registration is authorised and a licence issued in respect of a nurse health unit or maternity home— the name, address, qualifications and the date of registration of the medical or dental practitioner supervising the nurse health unit or the maternity home; the conditions attached to the licence; the name and address of the nurse health unit or maternity home; and the name, address, qualifications and date of registration of the nurse or midwife or those of an enrolled midwife in whose name the nurse health unit or maternity home is registered .

Section 33Verify source

§ 34Regulation of private practice - Protection of patientsSubstitution

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.

Section Protection of patients Section A person registered or enrolled under this Act shall not, except with a special licence or permission, engage in stockpiling, retailing or wholesaling of drugs at his or her nurse health unit or maternity home. In the interest of good practice and the welfare of patients, a nurse or midwife shall not carry out procedures beyond common conditions and health problems and shall refer all cases beyond his or her ability to a medical practitioner. A registered or enrolled nurse or midwife who employs as his or her substitute a person who is not registered or enrolled in the same category as oneself commits an offence.

Section 34Verify source

§ 35Regulation of private practice - Inspection of nurse health unitsProvision

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.

Section Inspection of nurse health units Section The registrar or registered nurse or midwife authorised by the council shall, for the purposes of certifying that the provisions of this Act are complied with, enter and inspect any nurse health unit or maternity home with the assistance of a law enforcement officer, if necessary. If in the opinion of the person who made the inspection any action against the nurse health unit or maternity home is necessary, he or she shall submit a report to that effect to the council within thirty days. On receipt of a report made under subsection (2), the council may, after making or causing to be made such inquiry as is considered necessary and after affording an opportunity to the owner to be heard, take action as it may consider fit.

Section 35Verify source

Part VII

Disciplinary provisions

§ 36Disciplinary provisions - Disciplinary committeeProvision

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.

Section Disciplinary committee Section There shall be a disciplinary committee of the council which shall consist of— the chairperson appointed by the council from among its members who shall preside at all meetings of the committee; three members appointed by the council from among its members; one person appointed by the council who shall be a person registered or enrolled in the same category as the person whose conduct is the subject of an inquiry by the committee; an advocate of not less than five years standing appointed by the council ; a member of the Health Service Commission; a supervisory authority from the area in which the person whose conduct is the subject of inquiry operates; and the registrar , who shall also be the secretary to the committee. At the meeting of the disciplinary committee, five members, including the chairperson and a person registered or enrolled in the same category as the person whose conduct is the subject of inquiry, shall form a quorum.

Section 36Verify source

§ 37Disciplinary provisions - Inquiry by committeeSubstitution

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.

Section Inquiry by committee Section The conduct of a registered or enrolled nurse or midwife may be the subject of inquiry by the disciplinary committee if— he or she is convicted of an offence under this Act or under the Medical and Dental Practitioners Act or any other law substituted for that Act; he or she is convicted of any offence involving dishonesty or fraud; he or she is alleged to have committed any scandalous conduct in respect of his or her professional calling; or his or her name has been struck off the register or roll of any board, hospital, university or other body recognised by the council . A meeting of the committee for the purpose of holding an inquiry under this section shall be convened by the registrar . At least twenty-eight days’ notice prior to the date fixed for an inquiry under this section and in writing signed by the registrar shall be served personally on the nurse or midwife the subject of inquiry or sent to that person by registered post at his or her last known address informing him or her of the time and place fixed for the inquiry and of the substance of the allegation made against him, accompanied, where practicable, by a copy of any document to be produced at the inquiry and any other document which shall be available at all reasonable times before the inquiry for inspection by the person or his or her advocate. A nurse or midwife subject to an inquiry shall be entitled to be present at the proceedings and, if he or she wishes, to be represented by an advocate. If at the time and place fixed for the inquiry, the nurse or midwife subject to an inquiry fails without reasonable excuse to appear and the committee is satisfied that the provisions of subsection (3) have been complied with, it shall be lawful for the committee to proceed with the inquiry as if the nurse or midwife were present. An inquiry under this section shall be deemed to be a judicial proceeding for the purposes of sections 94 and 99 of the Penal Code Act.

Section 37Verify source

§ 38Disciplinary provisions - Power to summon witnessesProvision

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.

Section Power to summon witnesses Section In any inquiry under section 37 , the committee shall have the powers of the High Court to summon witnesses and to call for the production of books, plans and documents and to examine witnesses and parties on oath. Summons for the attendance of witnesses or other persons at any inquiry held under section 37 shall be signed by the registrar, and oaths and affirmations shall be authenticated at the inquiry by the person presiding over the committee.

Section 38Verify source

§ 39Disciplinary provisions - Offences by witnessesOffence

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.

Section Offences by witnesses Section A person who, having been served with summons to attend and give evidence or to produce any book, plan or document at any inquiry held under section 37 — fails without reasonable cause to obey the summons; refuses without reasonable cause to answer all questions put to him by the committee; or wilfully interrupts the proceedings of the committee or insults any member of the committee, An inquiry under section 37 shall be deemed to be a suit or proceeding for the purposes of section 131 of the Evidence Act.

Section 39Verify source

§ 40Disciplinary provisions - Disciplinary powers of the committeeProvision

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

Section Disciplinary powers of the committee Section The committee after due inquiry made in accordance with this Act may— in the case of a registered nurse or midwife , recommend to the council the removal of his or her name from the register ; in the case of any enrolled nurse or midwife , recommend to the council the removal of his or her name from the roll ; order the suspension of the nurse or midwife for a period that it may deem fit; or reprimand the nurse or midwife .

Section 40Verify source

§ 41Disciplinary provisions - Proceedings to be recordedProvision

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.

Section Proceedings to be recorded Section The proceedings of the committee at any inquiry under the provisions of this Act shall be recorded in writing and signed by the person presiding over the committee and when recorded and signed shall be conclusive evidence of the finding and decision. A copy of any direction or order and the notification of any reprimand under section 40 shall be served upon the relevant registered nurse or midwife or the enrolled nurse or midwife either personally or by registered post addressed to his last known address. A nurse or midwife who has been suspended from practice or whose name has been ordered to be removed from the register or roll under this Act shall surrender for retention or cancellation, as the case may be, the registration or enrollment certificate within a period directed by the committee.

Section 41Verify source

§ 42Disciplinary provisions - Appeal from the decision of the councilProvision

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.

Section Appeal from the decision of the council Section A person who is aggrieved by a decision of the council may, within one month from the notification to him or her of the decision, or within a further period that the High Court may in any case allow, appeal to the High Court whose decision shall be final. Every appeal referred to under subsection (1) shall be by petition stating the facts and grounds of appeal, and a copy of the petition shall be served on the registrar . A nurse or midwife whom the council has ordered to be suspended from practice or whose name has been removed from the register or roll shall be informed of his or her right to appeal to the High Court under subsection (1). On hearing any appeal under this section, the High Court may allow or dismiss the appeal or alter or vary the decision of the council or make any other order that may appear just.

Section 42Verify source

Part VIII

Miscellaneous provisions

§ 43Miscellaneous provisions - Committees of the councilProvision

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.

Section Committees of the council Section For the better carrying out of its functions, the council may appoint such committees composed of its members, or its members and other persons, as it may consider necessary. A committee appointed under subsection (1) shall deliberate on any matter assigned to it by the council and make findings and recommendations to the council . The chairperson of a committee under this section shall be appointed by the council from among the members of the council .

Section 43Verify source

§ 44Miscellaneous provisions - Change of practising venueCommencement

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.

Section Change of practising venue Section A person registered or enrolled under this Act who, having been practising in a place, ceases to practise in that place and commences to practise in some other place shall, within seven days before commencing to practise, give notice accompanied by a recommendation from the supervising authority of the place where he or she was practising. A notice under subsection (1) shall contain particulars that may be required by rules made under this Act. A person registered or enrolled under this Act who fails to comply with any of the provisions of this section commits an offence.

Section 44Verify source

§ 45Miscellaneous provisions - Additional qualificationsProvision

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.

Section Additional qualifications Section A person registered or enrolled under this Act who has acquired additional qualifications approved by the council may, on payment of a prescribed fee, have the additional qualification included in the register or roll .

Section 45Verify source

§ 46Miscellaneous provisions - Supervisory authorityOffence

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.

Section Supervisory authority Section It shall be the duty of a supervisory authority — The council may, in respect of any region, district or smaller area, appoint a senior registered nurse or midwife to be the supervisory authority to any registered nurse or registered or enrolled midwife or class of registered nurses or enrolled midwives. to exercise general supervision over nurses and midwives in accordance with the rules made under this Act; to investigate charges of malpractice, negligence or misconduct against a nurse or midwife and make full report to the disciplinary committee of the facts and circumstances of the charge; to suspend from practice for a period not exceeding three months, and in accordance with rules made under this Act, any nurse or midwife if suspension appears necessary; and the authority shall immediately after the suspension make a report, including the circumstances and reasons of the suspension, to the disciplinary committee; to report to the disciplinary committee the name of any nurse or midwife convicted of an offence and the nature of the offence committed as soon as possible after the conviction comes to the knowledge of the supervisory authority .

Section 46Verify source

§ 47Miscellaneous provisions - Notification of the death of a nurse or midwifeProvision

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.

Section Notification of the death of a nurse or midwife Section The supervisory authority appointed under section 46 shall on receiving information of the death of a registered or enrolled nurse or midwife notify the registrar in writing of the death.

Section 47Verify source

§ 48Miscellaneous provisions - Publication prima facie evidenceProvision

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.

Section Publication prima facie evidence Section The publication of any list in the Gazette under this Act shall be prima facie evidence that— a person whose name appears therein is registered or enrolled as indicated in the Gazette ; the nurse , health unit or maternity home mentioned in the Gazette at the time of publication is duly registered under this Act; the absence of the name of any person or health unit from the relevant list means that a person or health unit is not registered under this Act. A copy or extract from a register or roll certified under the hand of the registrar shall be received in evidence in a court of law.

Section 48Verify source

§ 49Miscellaneous provisions - ChargesProvision

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.

Section Charges Section A nurse or midwife engaged in private practice under this Act may demand reasonable charges for the attendance on, treatment of or service rendered to any person under this Act and for any drugs supplied, and shall be entitled to sue for or recover the same, with full costs, in any court of competent jurisdiction.

Section 49Verify source

§ 50Miscellaneous provisions - RegulationsProvision

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.

Section Regulations Section The Minister may, on the recommendation of the council , make regulations generally for better carrying out the provisions of this Act and, without prejudice to the generality of the foregoing, the Minister may— prescribe the fees to be prescribed under this Act, including the fees payable for any registration under this Act; prescribe the application forms that may be necessary; prescribe any other form to be issued under this Act; provide for the procedure of electing members to the council ; prescribe the form of the register or roll to be kept under this Act; prescribe the form of application and other requirements for the registration or enrollment of a person under this Act; prescribe the examinations that may be taken under this Act; provide the curriculum for courses of study under this Act; provide for the standards and grading of examinations for the issue of a certificate or diploma under this Act; prescribe any other thing that may be prescribed under this Act.

Section 50Verify source

§ 51Miscellaneous provisions - Procuring registration by fraudOffence

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.

Section Procuring registration by fraud Section A person commits an offence who— makes or produces or causes to be produced any false or fraudulent representation or declaration, whether verbally or in writing, while procuring or attempting to procure oneself or any other person to be registered or enrolled ; wilfully makes or causes to be made any false entry in the register or roll .

Section 51Verify source

§ 52Miscellaneous provisions - Registered or enrolled nurse or midwife to undergo minimum continuing educationProvision

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.

Section Registered or enrolled nurse or midwife to undergo minimum continuing education Section Every registered or enrolled nurse or midwife engaged in active public or private practice shall be required to have undergone minimum continuing education courses as prescribed by the council in order to remain on the register . The council may delegate the responsibility of arranging the continuing education in subsection (1) to the Uganda Nurses and Midwives Association or any other professional association the council may deem fit. A practitioner who fails to satisfy the council that he or she has engaged in a minimum continuing education shall constitute grounds for the council to take disciplinary action.

Section 52Verify source

§ 53Miscellaneous provisions - Unregistered person using titleOffence

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.

Section Unregistered person using title Section A person not registered or enrolled under this Act who makes use of any of the titles referred to in section 26 or who holds himself or herself directly or indirectly as being registered or enrolled, or wears any prescribed uniform, badge or any other distinguishing device or any initiation calculated to deceive commits an offence. A person who is not registered or enrolled under the provisions of this Act who practises for gain as a nurse or midwife , as the case may be, commits an offence. Subsection (2) shall not affect the traditional birth attendants who shall practise only in local communities.

Section 53Verify source

§ 54Miscellaneous provisions - Offences and penaltiesOffence

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.

Section Offences and penalties Section A person who commits an offence under this Act is liable on conviction to a fine of not less than three hundred thousand shillings and not more than three million shillings or to a term of imprisonment of not less than three months and not more than three years or to both.

Section 54Verify source

§ 55Miscellaneous provisions - Assets and liabilities of former council to vest in councilProvision

Section Assets and liabilities of former council to vest in council Section All rights, assets and liabilities of the former council are vested in the council to the same extent and for the same estate or interest as they were previously vested in the former council , to be held and enjoyed, sued for, recovered, maintained, dealt with and disposed of in accordance with this Act. From and after the coming into operation of this Act, the council shall be subject to and discharge all the obligations and liabilities to which the former council was subject and shall indemnify the former council from these obligations and liabilities and from all costs and expenses in that behalf.

Section 55Verify source

Legislative relationships

2 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Evidence Act
Section 39

N–S

1 instrument

Penal Code
Section 37

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31 Dec 2000 · currentEnglish

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