REGULATION OF HEALTH PROFFESSION. Case study from Tanzania. The Nurses and Midwifery Act,2010

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1 REGULATION OF HEALTH PROFFESSION. Case study from Tanzania. The Nurses and Midwifery Act,2010

2 REASONS FOR THE LAW. Protection,promotion,and preservation of Public health,safety and welfare through regulation and control of nursing and midwifery education and practice.

3 TZ.NURSING AND MIDWIFERY COMPOSITION: COUNCIL Chairperson apptd by Minister from most senior registered nurses. OTHER OFFICERS: The Chief Nursing and Midwifery Officer Rep from the Training section of the Ministry of Health and other members apptd by the Minister. Registrar apptd by Minister.

4 Contd *State attorney from A.G.Chambers. * * 2 members from the public who can contribute to the work of the Council one of whom must be a woman.

5 Contd Council can co-opt a person who has special knowledge and skill to provide expertise on a particular issue. DISQUALIFIED PERSONS:- A bankrupt; convicted criminal; infirm or minds; disqualified under the provisions of the Act.

6 FUNCTIONS OF COUNCIL-2 Issues and cancels licences for Nurses and Midwives. Publishes names of Nurses and Midwives in official Gazette. Advises Minister on matters concerning Nurses and Midwives. Orders removal of Nurse/Midwife who: Have died; have not practised in TZ for a period of 5 yrs.etc.

7 FUNCTIONS OF Contd To caution,censure,order suspension from practice or order removal from roll of Nurse/Midwife for malpractice,negligence,infamous conduct. To terminate suspension of a Nurse or Midwife and restore him/her to roll Prescribes conditions for establishing new schools for Nurses & Midwives.

8 FUNCTIONS OF THE Contd. Establishing standards for establishing Nurses Homes and Maternity Clinics. Grants licences for Nursing Homes and Maternity Clinics.

9 COMMITTEES OF THE COUNCIL Finance Committee Educational and Professional advancemengt committee. Ethical and Disciplinary Committee. Research Committee. Registration and enrolment committee. Committees are answerable to Council

10 BODY CORPORATE. Have perpetual succession and official seal. Capable in its own name to sue and to be sued. Can acquire and dispose immovable and movable property

11 REGISTRAR AND DEPUTY. Registrar apptd from amongst public servants.must be a senior registered nurse or midwife. She/he is the Secretary of the Council and CEO. Dy.Registar- apptd from amongst public senior public servants.

12 REGIONAL SUPERVISORY AUTHORITIES. Council can appoint a sr.registered nurse or midwife to supervise all the nurses in a paricular region,district or health institution. She has power to investigate charges of malpractice,can temporarily suspend and report to council the name of a nurse/midwife who has been convicted or who has ceased to practise.

13 DISCIPLINARY POWERS OF COUNCIL Registrar receives complaints against nurses; submits them to Council. Council may initiate enquiry upon information received by it Instances of unfitness to practise are enumerated in detail including misappropriation of drugs or a patient s property.

14 PRIMA FACIE CASE. Complainant to establish a prima facie case before enquiry is initiated. Before imposing any sentence on a Nurse or Midwife Council grants right of hearing to affected individual. It shall allow nurse/midwife to call evidence in his/her defence.

15 LEGAL REPRESENTATION. The nurse may be defended by counsel at the enquiry. Council can proceed ex parte if satisfied the nurse was served with summons to appear before it but defaulted.

16 INQUIRY TO BE PUBLIC. Charges to be read out to the Nurse at commencement of enquiry. The place where enquiry is being held to be open to public.council may exclude public at any stage of proceedings.

17 POWER OF THE COUNCIL After due enquiry Counsel may: Order removal of nurse from register May order suspension

18 JUDICIAL INQUIRY. Council has power to summon witnesses; To order production of documents. Refusal to respond to summons or answer questions from Council constitutes an offence punishable in law.

19 APPEAL PROCEDURE. Aggrieved nurse to appeal to Minister To within 3 months of the decision. Minister may allow alter,vary or make any other order as he deems fit. The aggrieved nurse to be heard on such an appeal

20 2 ND APPEAL TO H/C Aggrieved nurse may appeal to High Court within 3 months of the decision of the Minister and the High Court will hear the appeal in accordance with Law. Further appeal to C/A e.g.where rules of natural justice were not observed.

21 REGULATIONS(4) NURSING & MIDWIFERY (TRAINING)REGULATIONS THE NURSING & MIDWIFERY (PRACTICE REGULATIONS THE NURSING & MIDWIFERY(FITNESS TO PRACTISE REGULATIONS THE NURSING & MIDWIFERY (REGISTRATIONS,ENROLMENT & LICENSING REGULATIONS) 2010.

22 CPD-CRITERIA FOR RENEWAL OF LICENCE Proof of attendance for CPD one of criteria for renewal of licence. Council makes rules requiring nurses who have not practised for a prescribed period to do so. Nurse to maintain a record of CPD.

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