Nursing Act, 2005 (Act No. 33 of 2005)Chapter 1 : South African Nursing Council4. Functions of Council |
| (1) | The Council must— |
| (a) | in all its decisions, take cognizance of national health policies as determined by the Minister and implement such policies in respect of nursing; |
| (b) | where authorised by this Act, enter, remove from or restore to the register the name of a person; |
| (c) | conduct examinations, and appoint examiners and moderators and grant diplomas and certificates in respect of such examinations; |
| (d) | conduct inspections and investigations of nursing education institutions, nursing education programmes and health establishments, in order to ensure compliance with this Act and the rules and standards determined by the Council in terms of this Act; |
| (e) | report to the relevant statutory body any non-compliance established after an inspection and investigation referred to in paragraph (d); |
| (f) | ensure that persons registered in terms of this Act behave towards users of health services in a manner that respects their constitutional rights to human dignity, bodily and psychological integrity and equality, and that disciplinary action is taken against persons who fail to do so; |
| (g) | investigate complaints against persons registered in terms of this Act and take appropriate disciplinary action against such persons in accordance with the provisions of this Act in order to protect the interests of the public; |
| (h) | publish in the Gazette the details of the unprofessional conduct and the names and qualifications of the persons against whom disciplinary action was taken in terms of this Act within 30 days of the conclusion of such disciplinary action; |
| (i) | ensure that a register of persons registered in terms of this Act is available to the public as prescribed; |
| (j) | investigate and take action against non-accredited nursing education institutions; |
| (k) | withdraw or suspend accreditation of a nursing education institution or nursing education programme if the education or training provided does not comply with the prescribed requirements and inform the relevant licensing authority; |
| (l) | determine— |
| (i) | the scope of practice of nurses; |
| (ii) | the conditions under which nurses may practise their profession; |
| (iii) | the acts or omissions in respect of which the Council may take steps against any person registered in terms of this Act; and |
| (iv) | the requirements for any nurse to remain competent in the manner prescribed; |
| (m) | determine prescribed licence or registration fees, payable under this Act; |
| (n) | monitor the assessment by education and training providers, including the recognition of prior learning, register constituent assessors and moderators and grant diplomas and certificates in accordance with the requirements of this Act and any other law; |
| (o) | be regarded as an education and training quality assurer in terms of section 5 of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), for all nursing qualifications; |
| (p) | submit to the Minister— |
| (i) | a five-year strategic plan within six months of the Council coming into office which includes details as to how the Council plans to achieve its objectives under this Act; |
| (ii) | a report every six months on the status of nursing and on matters of public importance compiled by the Council in the course of the performance of its functions under this Act; and |
| (iii) | an annual report within six months of the end of the financial year; |
| (q) | ensure that an annual budget is drawn up in terms of sections 23 and 24 and that the Council operates within the parameters of such budget; and |
| (r) | perform such other functions as may be prescribed. |
| (2) | The Council may— |
| (a) | make extracts from the register; |
| (b) | acquire, hire or dispose of property, borrow money on the security of the assets of the Council, accept or make any donation and administer any trust; |
| (c) | institute or defend any legal action in its name; |
| (d) | appoint experts and advisers as may be required to assist the Council in the performance of its functions in terms of this Act; |
| (e) | delegate to any person or organisation any function referred to in this section, provided that the Council is not divested of any function so delegated; |
| (f) | accredit nursing education institutions and nursing education programmes and monitor all assessments by education and training providers in accordance with this Act or any other law; |
| (g) | carry out quality control inspections in accordance with the prescribed conditions; |
| (h) | investigate complaints against any health establishment in respect of its nursing service; |
| (i) | subject to prescribed conditions and upon payment of a prescribed fee, issue a licence for a professional nurse to conduct a private practice; |
| (j) | consider any matter affecting nursing, and make representations to the Minister and Director-General or take such action in connection therewith as the Council may find advisable; |
| (k) | require nursing education institutions to submit annual returns of learner nurses and to submit any information that the Council may require; |
| (l) | require employers to submit annual returns of nurses in their employ and any other information necessary to enable the Council to perform its functions and fulfill its objectives; |
| (m) | in consultation with the Minister of Finance, establish, manage and administer a pension or provident fund for the employees of the Council; |
| (n) | recommend to the Minister regulations relating to any matter under this Act which may be prescribed; and |
| (o) | generally, do all such things as it may find necessary or expedient to achieve the objects of this Act. |