Nursing Act, 2005 (Act No. 33 of 2005) Regulations Regulations Relating to the Conducting of Inquiries into Alleged Unfitness to Practice Due to Disability or Impairment of Persons registered in terms of the Nursing Act, 2005 (Act No. 33 of 2005) 1. Definitions

 

In this schedule "the Act" means the Nursing Act, 2005 (Act No. 33 of 2005), and any expression to which a meaning has been assigned in the Act shall bear such meaning, and, unless the context otherwise indicates—

 

"appellant"

means a registered person or pro forma complainant who is aggrieved by any decision of the Impairment Committee and who appeals to the Appeals Committee;

 

"complaint"

means any concern raised regarding the conduct that has been referred to the Impairment Committee due to disability, impairment or both which comes to the attention of the Registrar or the Council, or a formal complaint, charge or allegation of unfitness to practice against such person;

 

"disability"

means any physical or mental condition/illness that may hamper the ability of the nurse to be fit for practice;

 

"health examiner''

means a practitioner registered in terms of the Health Professions Act, 1974 (Act 56 of 1974), appointed by the chairperson or the Impairment Committee to examine the Respondent and to report to the chairperson or the Impairment Committee whether a Respondent is, due to impairment, unfit to practise in terms of the Act;

 

"impairment"

refers to a condition which renders a practitioner incapable of practising nursing with reasonable skill and safety;

 

"Impairment Committee"

means a committee appointed by the Council in terms of section 51(1) of the Act to conduct an inquiry as to whether or not a person registered in terms of the Act is unfit to practise;

 

"in camera"

means conducted in the presence of every party and any person representing a party, but otherwise excluding the public;

 

"practitioner"

means a person registered in terms of section 31(1) of the Act;

 

"preliminary assessment meeting"

means a fact finding meeting of persons appointed by the Impairment Committee to gather information and assess evidence prior to an inquiry;

 

"pro forma complainant''

means a person appointed by the Council in terms of section 47(2) of the Act;

 

"Respondent"

means a person registered in terms of section 31 or 32 of the Act in respect of whom a complaint or an allegation that such a person is or may be unfit to practise has been received by the registrar;

 

"supervisor"

means a person approved and appointed by the Impairment Committee to supervise and report to the Impairment Committee in terms of these regulations regarding a Respondent who was found to be unfit to practise;

 

"therapist"

means a medical practitioner or any other professional person who holds the appropriate registration, nominated by a Respondent and approved by the Impairment Committee to take responsibility for his or her treatment and to submit the required reports thereon and on his or her ability to practise in terms of the Act to the Impairment Committee;

 

"unfit to practice due to disability or impairment"

means that a person registered in terms of the Act is incapacitated as a result of disability or is or may be impaired, whether mentally or otherwise, to such an extent that—