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NURSES AND MIDWIVES ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
ESTABLISHMENT, FUNCTIONS AND COMPOSITION OF THE COUNCIL.

   2.   Establishment of the council.

   3.   Functions of the council.

   4.   Composition of the council.

   5.   Term of office.

   6.   Vacation of office.

   7.   Remuneration of members.

   8.   Meetings of the council.

PART III
MANAGEMENT AND STAFF OF THE COUNCIL.

   9.   The secretariat.

   10.   Registrar of the council.

   11.   Functions of the registrar.

   12.   Deputy registrar.

   13.   Other staff.

PART IV
FINANCIAL PROVISIONS.

   14.   Funds of the council.

   15.   Financial year.

   16.   Estimates.

   17.   Accounts and audit.

PART V
REGISTRATION AND ENROLLMENT OF NURSES AND MIDWIVES.

   18.   [Repealed].

   19.   Eligibility for registration or enrollment.

   20.   Other qualifications recognised.

   21.   Eligibility where qualifications not recognised.

   22.   Register and roll of nurses and midwives.

   23.   Application for registration or enrollment.

   24.   Certificate of registration or enrollment.

   25.   All registered nurses or midwives to be issued with practising licences.

   26.   Titles used by registered or enrolled persons.

   27.   Registration or enrollment not a right to practise medicine.

   28.   Removal from the register or roll.

   29.   Restoration of name after removal.

PART VI
REGULATION OF PRIVATE PRACTICE.

   30.   Private practice.

   31.   Annual report by a licensed person.

   32.   Registration of maternity homes and nurse health units.

   33.   Publication of nurse health units and maternity homes in the Gazette.

   34.   Protection of patients.

   35.   Inspection of nurse health units.

PART VII
DISCIPLINARY PROVISIONS.

   36.   Disciplinary committee.

   37.   Inquiry by committee.

   38.   Power to summon witnesses.

   39.   Offences by witnesses.

   40.   Disciplinary powers of the committee.

   41.   Proceedings to be recorded.

   42.   Appeal from the decision of the council.

PART VIII
MISCELLANEOUS PROVISIONS.

   43.   Committees of the council.

   44.   Change of practising venue.

   45.   Additional qualifications.

   46.   Supervisory authority.

   47.   Notification of the death of a nurse or midwife.

   48.   Publication prima facie evidence.

   49.   Charges.

   50.   Regulations.

   51.   Procuring registration by fraud.

   52.   Registered or enrolled nurse or midwife to undergo minimum continuing education.

   53.   Unregistered person using title.

   54.   Offences and penalties.

   55.   Assets and liabilities of former council to vest in the council.

 

      Schedule   Seal and meetings of the council.

 

CHAPTER 274
NURSES AND MIDWIVES ACT.

Commencement: 8 November, 1996.

   An Act to provide for the training, registration enrollment and discipline of nurses and midwives of all categories and for other matters connected to the above.

 

PART I
INTERPRETATION.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "certificate" means a certificate issued under section 18;

   (b)   "chairperson" means the chairperson of the council appointed under section 4;

   (c)   "council" means the Nurses and Midwives Council established under section 2;

   (d)   "diploma" means a diploma issued under section 18;

   (e)   "enrolled" means having the name entered in the roll under section 22;

   (f)   "former council" means the council established under the Nurses, Midwives and Nursing Assistants Act;

   (g)   "Gazette" means the Uganda Gazette and includes the Gazette Extraordinary;

   (h)   "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;

   (i)   "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;

   (j)   "Minister" means the Minister responsible for health;

   (k)   "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;

   (l)   "register" means the register kept under section 22;

   (m)   "registered" means having the name entered in the register under section 22;

   (n)   "registrar" means the registrar of the council appointed under section 10;

   (o)   "roll" means the roll kept under section 22;

   (p)   "supervisory authority" means a person or body appointed to be a supervisory authority under section 46;

   (q)   "traditional birth attendant" means a person recognised by her community as being able to assist women in childbirth.

 

PART II
ESTABLISHMENT, FUNCTIONS AND COMPOSITION OF THE COUNCIL.

 

2.   Establishment of the council.

   (1) 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.

   (2) 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.

 

3.   Functions of the council.

   The functions of the council shall be—

   (a)   to regulate the standards of nursing and midwifery in the country;

   (b)   to regulate the conduct of nurses and midwives and to exercise disciplinary control over them;

   (c)–(e)   ...

   (f)   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;

   (g)   to advise and make recommendations to the Government on matters relating to the nursing and midwifery professions;

   (h)   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.

 

4.   Composition of the council.

   (1) The council shall consist of—

   (a)   a chairperson who shall be a senior registered nurse or midwife or both appointed by the Minister;

   (b)   ex officio members—

      (i)   the commissioner for nursing services;

      (ii)   the chief training officer (nursing);

      (iii)   the registrar;

      (iv)   the senior principal nursing officer, Mulago Hospital;

      (v)   the senior principal nursing officer, Butabika Hospital;

      (vi)   the head of the department of nursing, Makerere University;

   (c)   twelve members representing the following bodies—

      (i)   two representatives elected by the Uganda Nurses and Midwives Association;

      (ii)   two tutors representing all nursing and midwifery schools in Uganda, elected from among their number;

      (iii)   one representative elected by public health nurses from among their number;

      (iv)   one representative elected by psychiatric nurses from among their number;

      (v)   two representatives of nurses and midwives working in non-government organisation hospitals;

      (vi)   one representative of the Uganda Private Midwives Association;

      (vii)   one representative of the Uganda Community-based Health Care Association;

      (viii)   one representative of the Uganda Medical and Dental Practitioners Council;

      (ix)   one representative of the Uganda Allied Health Professionals Council.

   (2) 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.

   (3) The council shall make rules of procedure for the election of members representing the various categories.

   (4) No person shall be appointed a member of the council if that person—

   (a)   has been declared bankrupt or has entered into any composition with his or her creditors;

   (b)   has been convicted of an offence involving moral turpitude;

   (c)   is unable in the opinion of the medical board, by reason of infirmity of mind or body, to perform the duties of a member;

   (d)   has been disqualified under this Act or under the Uganda Medical and Dental Practitioners Act from practising or carrying on the profession or calling.

   (5) The registrar shall be the secretary to the council.

 

5.   Term of office.

   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.

 

6.   Vacation of office.

   (1) A member of the council shall vacate office if that member—

   (a)   becomes subject to any of the disqualifications under section 4(4);

   (b)   by writing under the member's hand addressed to the Minister, resigns the membership of the council.

   (2) 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.

   (3) 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.

 

7.   Remuneration of members.

   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.

 

8.   Meetings of the council.

   (1) The Schedule to this Act shall have effect in relation to the meetings of the council and other related matters specif

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