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1. Zanzibar Nurse Practice Act. RN, BSc, N .ABDULLA KHAMIS
NGWALI
2. Objectives. At the end of this presentation each student
should able to: Define Nurse Practice Act in Zanzibar. Interpret
different terms applied on Nurse Practice Act.
3. Objectives. Determine the members of Zanzibar Nurses and Mid
Wife Council. Explain the functional roles of the Council . List
down the committees of the Council. Describe the delegation of
power and functions of the Council. Explain Appointment of
inspectors and their power
4. Objective Understand Appointed Registrar and their
Deputy(ies) with their functions Understand Officers and Employees
of the council appointment and their duties of the supervisor.
Understand the Registration and License. Understand Disciplinary
provisions.
5. Introduction Zanzibar nursing and midwifery Act was
establish 2014 after the bill presented in house of representative
2013. This act passed under legislatures law then empower the
Administrative agencies i.e Ministry of Health under Minister to
establish the nursing and midwifery council.
6. Introduction. It is important to know this act because
nurses are accountable for their professional judgment, action that
regulate and effect nursing practice. Nursing act present as
guideline to the nurses their responsibilities, accountabilities,
rights, legality as well as justice of client in providing quality
health care.
7. Definition Zanzibar Nurse Practice Act is defined as the
scope of practice created by the board of Nurses under the law that
govern the general conduct of Nursing as a Profession. It serves as
a direction in which the Nurses have to adhere with, and it
involves the rights, roles as well as responsibilities of
Nurses.
8. Cont It also involves all matters of laws as well as legal
aspects in the Profession including punishments to any one who goes
against or fails to adhere with those laws.
9. The Nurse Practice Act consists of 8 parts 1. Preliminary
provisions 2. Establishment of the Council 3. Management and Staff
of the Council 4. Registration and licensing of Nurses and Midwives
5. Disciplinary provisions 6. Financial provisions 7. Offences and
penalties 8. Miscellaneous provisions
10. PRELIMINARY PROVISIONS PART 1
11. PRELIMINARY PROVISIONS This part consists of 2 sections:
Section 1: This section state the Sort Title in which the Act shall
be cited as the Zanzibar Nursing and Midwifery Act, 2014 and shall
come into operation on such date as the Minister may, by notice
published in the Gazette, appoint.
12. PRELIMINARY PROVISIONS. Section 2 Interpretation : In this
part explain the terminologies which applied in Nursing Act, these
include: Approved nursing or midwifery training programme means a
programme or a part of programme approved by the Council under the
provisions.
13. PRELIMINARY PROVISIONS. Clinic means a health care facility
which is mainly used for health consultation and treatment; of this
Act, to provide a course leading to the acquisition of a qualifying
award for nursing or midwifery
14. PRELIMINARY PROVISIONS. Council means the Zanzibar Nursing
and Midwifery Council established under section 3 of this Act;
Ethical code of conduct means ethical code of conduct for nurses
and midwives. Full registration means a registration provided to a
nurse, midwife or institution after reaching the required
conditions;
15. PRELIMINARY PROVISIONS. Internship means a prescribed
period during which a nurse or a midwife is under supervised
placement for the purpose of gaining expected professional
competence pending full registration; Minister means the Minister
for the time being responsible for health services;
16. PRELIMINARY PROVISIONS. License means a license issued
under section 18 of this Act giving the bearer permission to
practice as a nurse or midwife in accordance with qualifications
obtained; or to operate a nursing or midwifery training programme
or maternity home, nursing home, nursing clinic or maternity
clinic;
17. PRELIMINARY PROVISIONS. Midwife means a person who has
successfully completed an approved midwifery programme in Zanzibar
or in any other country and duly recognized by the Council and has
acquired the qualification requisite for registration and licensing
to practice midwifery Nursing home means a place of residence for
people who require constant nursing care established by a licensed
nurse or midwife to provide such services in accordance with the
provision of this Act;
18. PRELIMINARY PROVISIONS. Nurse means a person who has
completed an approved nursing programme recognized by the Council,
registered and legally authorized to render services designed to
promote health and prevent diseases, conduct research, alleviate
the suffering and rehabilitate the need under this Act;
Professional Ethics means nursing ethics regarding to the values
and ethical principles governing nursing practice, conduct, and
relationships;
19. PRELIMINARY PROVISIONS. Professional misconduct means a
conduct which, with regard to the profession of a nurse or midwife
is improper, disgraceful, dishonorably or unworthy; Registered
nurse or midwife means a nurse or midwife registered under section
15 of this Act Registrar means the registrar of the Council
appointed under section 9 of this Act
20. PRELIMINARY PROVISIONS. Register means the register of
nurses or midwives established and maintained by the Council under
section 14 of this Act; Temporary registration means a registration
provided temporarily to a person who intends to work as a nurse or
midwife;
21. PRELIMINARY PROVISIONS. Nursing practice means assisting
individuals or groups to maintain optimal health throughout the
life process by assessing their health status, establishing nursing
diagnosis, planning and implementing a strategy of care to
accomplish defined goals and evaluating responses for care and
treatment.
22. ESTABLISHMENT OF THE COUNCIL PART II
23. ESTABLISHMENT OF THE COUNCIL This part of Nursing Act
explains about on how the Council is established which consist the
following contents: 1. Establishment of the Council 2. Composition
of the Council 3. Functions of the Council 4. Committees of the
Council 5. Delegation of powers and function of the Council 6.
Appointment of inspectors and their power
24. 1.ESTABLISHMENT OF THE COUNCIL Section 3 (1) established a
Council to be known as Zanzibar Nursing and Midwifery Council
25. Establishment of council. Section 3 (2): The Council shall
be a body corporate and shall:- a) Have perpetual succession and an
official Seal; b) In its corporate name, be capable of suing and
being sued; c) Subject to the provisions of this Act, be capable of
holding, purchasing or otherwise acquiring in any other way any
movable or immovable property and disposing of any of its
properties.
26. 2. Composition of the council Section 4(1) explain and
mention the members of council The Council shall consist of the
following members:- (a)A chairperson of the Council who shall have
at least a degree in nursing or midwifery, principal Nursing
Officer, experienced in nursing or midwifery practices for at least
twenty years and has held different leadership positions; (b)The
Chief Nursing officer in the Ministry responsible for health;
27. Composition of the council.. (c)The Assistant Chief Nursing
Officer Pemba; (d)The head of school of nursing from Zanzibar
Government training institution; (e)Representative from Zanzibar
Nurses Association; (f)Representative from Midwives Association;
(g)The matron of Zanzibar Referral Government Hospital;
28. Composition of the council.. (h)Two representatives from a
private health institution/facility; (i)a representative from other
health care professions; (J)a State Attorney from Attorney Generals
Office; and (k)two members appointed from the community who by
their experience can contribute to work with the Council and the
development of nursing and midwifery in the country, one shall be a
woman.
29. 3. FUNCTION OF COUNCIL Section no. 5 explain the function
of council this including: (a)Oversee the nursing and midwifery
practices; (b)Register duly qualified applicants by examination,
endorsement, or by fulfilling any other requirements; (c)Advise the
Minister on matters concerning nursing and midwifery practice;
(d)Ensure that the register of nurses and midwives are kept,
maintained and updated in the prescribed manner;
30. FUNCTION OF COUNCIL. (e)Approve nursing and midwifery
training programmes and curricula (f)Collaborate with other
relevant authorities on matters pertaining to nursing and midwifery
education training and practice in approving various standards;
(g)Issue, renew, replace and cancel nursing and midwifery
practicing licenses;
31. FUNCTION OF COUNCIL (h)Develop, conduct and regulate
nursing and midwifery registration examination, to appoint and to
decide upon the places where and the time at which such
examinations shall be held; (i)Prescribe and regulate
syllabuses/curriculum of instruction and courses of training for
nurses and midwives; (J)Deal with the complaints
32. 4. COMMITTEES OF COUNCIL The Council may, for the purpose
of ensuring efficient performance of its functions and exercise of
its powers to form such number of committees to perform function as
it may see fit.
33. COMMITTEES OF COUNCIL. Without prejudice to the generality
of subsection of this section, the Council may establish the
following committees:- (a)The finance Committee (b)Education and
Professional Advancement Committee (c)the Ethical and Discipline
Committee (d)the Policy, Planning and Research Committee
34. 5.DELEGATION OF POWER AND FUNCTIONS OF COUNCIL The Council
may subject to such terms conditions and restrictions, as it may
specify, delegate in writing to any committee or to Registrar of
the Council, some of its functions, powers, or duties conferred or
imposed to it by or under this Act Delegation made under this
section shall not prevent the Council from performing or exercising
the function, power or duty delegated.
35. APPOINTMENT OF INSPECTORS AND THEIR POWER For the purpose
of this Act, the Council with approval of Minister may appoint any
nurse, midwife or public officer as an inspector and publish the
name in the Gazette. For ensuring compliance under this Act, an
inspector or inspectors may: (i)At all reasonable time, enter any
nursing or midwifery training programme for the purpose of
examination and inspection;
36. Appointment (ii)Temporary suspend any nursing or midwifery
training programme found to contravene any provision of this Act;
(iii)Exercise general supervision on all matters regulated under
this Act. Any person who willfully hinders by whatever means or
constrains an inspector or registrar or any officer authorized by
the Council not to exercise his power shall commit an offence
37. MANAGEMENT AND STAFF OF THE COUNCIL PART III
38. The Minister in consultation with the Council shall appoint
a registrar of the Council who shall be the secretary and Chief
Executive Officer of the Council.
39. 8.FUNCTIONS OF APPOINTED REGISTRAR. Effecting registration
of nurses and midwives upon directions of the Council. Keeping and
maintaining the register of nurses and midwives. Making necessary
alterations, corrections and deletion to the register in relation
to any entry as may be directed by the Council.
40. Cont Officers and employees of the Council shall, in the
performance of their functions be answerable to the Registrar. With
the inspection committee, inspecting and having full access, on
behalf of the Council, to all maternity homes, nursing homes,
clinics , nursing training schools/institutions;
41. 9. APPOINTMENT AND DUTIES OF THE SUPERVISOR The Council
may, in respect of any district or health institution, appoint a
senior registered nurse or midwife to be the supervisor over all
nurses or midwives in the respective district or health institution
as the case may be. Recording all the minutes and proceedings of
the meetings of the Council and its committees and having custody
over all records and documents of the Council and its
committees;
42. Cont Ensure proper keeping of books of accounts and assets,
preparing annual and supplementary estimates and financial
statements; Implementing the decision of the Council; and
Performing any other functions that may be required under this Act
or as the Council may direct subject to the provision of this Act.
Prepare work plan and annual budget of the Council
43. 10. DEPUTY REGISTRARS In accordance with Public Service
Act, there shall be two deputy registrars of the Council, one from
Pemba and another one from Unguja. The Deputy Registrars shall be
appointed by the Minister amongst senior registered nurses or
midwives.
44. Cont. The deputy registrars shall assist the registrar in
the performance of the functions provided under this Act and shall
be answerable to the registrar.
45. 11. OFFICERS AND EMPLOYEES OF THE COUNCIL The Council shall
appoint a number of officers and employees in various categories as
may be required in accordance with the organizational structure of
the Council in accordance with public service Act. Officers and
employees of the Council shall, in the performance of their
functions be answerable to the Registrar.
46. 12. APPOINTMENT AND DUTIES OF THE SUPERVISOR The Council
may, in respect of any district or health institution, appoint a
senior registered nurse or midwife to be the supervisor over all
nurses or midwives.
47. Cont It shall be the duty of every supervisor in respect of
any registered nurse or midwife under his supervision to:- a).
Investigate any charges or complaints against a registered nurse or
midwife including malpractice, negligence and misconduct and submit
to the Council.
48. Cont. b). Report to the Council the name of any registered
nurse or midwife convicted of any offence and the nature of the
offence committed.
49. REGISTRATION AND LICENSING OF NURSES AND MIDWIVES PART
IV
50. 13. REGISTRATION AND LICENSE Register of nurses and
midwives Subject to the provision of this Act, the Council shall
establish, keep and maintain a register for nurses and midwives.
The register shall contain name, addresses, qualifications and
other particular of all nurses and midwives entitled for
registration.
51. The registrar shall; a) Be the custodian of the register ;
b) Be responsible for the making of entries in the register; and c)
Update entries of nurses and midwives.
52. 14.ELIGIBILITY FOR REGISTRATION 1) Subject to the provision
of this Act, any person shall be eligible to be registered as a
nurse or midwife after fulfilling in the requirements as provided
in this section. 2) A person shall be entitled to be registered as
a nurse or midwife if such person has:-
53. Cont. Produced evidence to the satisfaction of the Council
that, he: Has successfully completed a course of training as a
nurse or midwife of not less than three years and has been awarded
a diploma, degree or above from an institution recognized by the
Council; and Is a person of good conduct Passed the nursing or
midwifery examinations conducted by council.
54. Cont. For a person who comes outside the country shall:
Produce evidence to the satisfaction of the Council that he is
registered or that he has been and is still entitled to be
registered as a nurse or a midwife in a country of his original
registration. Produce evidence that he successfully completed a
course of training as a nurse or midwifery.
55. 15.TEMPORARY REGISTRATION 1. Where a person who is not
ordinarily a resident of Tanzania, satisfies the Council that he
has met the requirement of section 15 of this Act and intend to
practice in Zanzibar whether in government or private he will be
granted temporary registration.
56. 16.PROVISIONAL REGISTRATION A person who intends to be
registered as a nurse or a midwife after completion of the course
shall, if he produces evidence satisfactory to the Council that he
has been selected for internship in a hospital recognized by the
Council for the purposes of this section and that such internship
provides the required practical experience, be entitled to be
provisionally registered.
57. Cont... Any registration issued under this section shall be
valid for the period of one year starting from the date of such
registration.
58. Cont. A provisional registered nurse or midwife shall be
deemed to be registered as far as it is necessary, to enable him to
be employed for the purpose of this section in a supervised nursing
capacity in such hospital recognized by the Council specified in
the certificate of provisional registration and to carry out, under
supervision in such hospital, any duties and responsibilities of a
registered nurse or a midwife.
59. Cont. The provisional registration issued under this
section shall be valid for the period of one year starting from the
date of attachment of such internship.
60. 17.LICENSE TO PRACTICE NURSING AND/OR MIDWIFERY Any nurse
or midwife who intend to practice shall apply to the registrar for
a license to practice after the payment of fees prescribed by the
Council; The registrar shall, in addition to registration , issue
the license to a registered nurse or midwife who want to practice
nursing or
61. 18. APPLICATION FOR ENGAGEMENT IN NURSING AND MIDWIFERY 1.
No person or organization shall be allowed to provide nursing or
midwifery training programme unless is approved by the Council. 2.
A person or organization shall apply to the Council in the
prescribed manner for registration and a licence to establish and
operate nursing or midwifery training programme.
62. 19. INSPECTIONS OF NURSING OR MIDWIFERY TRAINING PROGRAMME
The registrar in collaboration with the inspectors or any person
authorized by the Council, may for purposes of ensuring that the
provisions of this Act are complied with, enter upon and inspect
any institution provide nursing or midwifery training
programme.
63. Cont. 3. For the purpose of subsection (2) of this section,
the term professional misconduct shall be construed as provided
under Second Schedule of this Act , but not limited to
professional:- Contravening a provision of this Act or the
regulation; Failing to abide by terms, conditions or limitations of
a license as a registered nurse or midwife.
64. Cont. Abusing a client verbally, physically, sexually or
emotionally. Having conflict of interest which affects the client
and practitioner relationship Influencing a clients to change his
will, advance health care directive or power of attorney;
Abandoning a client who is in need of attention
65. PROVISIONS Receipt of Complaint by the Registrar The
Registrar shall, on behalf of the Council, receive complaints from
any person against any nurse, midwife or health facility on
malpractice and present such complaints to the Council. For the
purpose of this section, unfitness to practice means a person whose
fitness to practice is impaired by reason of:-
66. Cont... Professional misconduct; Lack of competence; A
conviction for criminal offence; His physical or mental health is
impaired; or A determination by a recognized Medical board Or any
other licensing body responsible for heath regulation in any other
jurisdiction
67. Cont Abandoning a client who is in need of attention;
Misappropriating drugs or other property belonging to a client or
an employer; Failing to report the incompetence, negligence or
professional misconduct of a colleague whose actions endanger the
health of a client; Failure to exercise discretion in respect of
the disclosure of confidential information about the client;
68. Cont Falsifying record in respect of the observation or
treatment of a client; Failing to maintain the standards of
practice and the code of ethics of the profession; and Any conduct
or an act relevant to the performance of services that, having
regard to all the circumstances would,
69. Cont. Every complaint under this section shall be
accompanied by a written statement made by a complainant, or any
person acting on behalf of complainant or by a person interested in
the act or omission giving rise to complaint. Not withstanding the
provisions of subsection (4) of this section, the Council may, on
its own motion initiate any preliminary inquiry on a nurse or
midwife if it is satisfied that information received by the Council
warrants holding a preliminary inquiry
70. DISCIPLINARY PROVISIONS PART V
71. 21. INQUIRY BY THE COUNCIL The conduct of a registered
nurse or midwife may be the subject of inquiry by the Council if
the nurse or midwife is:- Accused of an offence under this Act;
Accused of criminal offence involving dishonesty or fraud or moral
turpitude; or Alleged to have committed any malpractice, negligence
or serious professional misconduct or disobeying any regulation or
directive made under this Act.
72. 22.DISCIPLINARY POWERS OF THE COUNCIL The Council may upon
receipt of a complaint against a nurse or midwife from the Ethical
and Disciplinary Committee and a report from a supervisory
authority temporarily suspend a nurse or midwife from practicing
pending the conduct or completion of inquiry. On completion of
inquiry, the Council may suspend, confirm, extend or reduce the
temporary suspension.
73. Cont The Council after due inquiry made in accordance with
the provisions of this Act may:- Order the removal of the name of
the nurse or midwife from the register; Order the suspension from
practice of the nurse or midwife for a period that it may deem fit;
or Caution, censure or otherwise reprimand the nurse or
midwife.
74. Cont No punishment other than an interim or temporary
suspension may be imposed upon a nurse or a midwife or in respect
of a nursing or midwifery training programme unless due inquiry is
made. Within seven days after the determination of an inquiry, the
Registrar shall communicate the decision of the Council to the
parties.
75. 23.REMOVAL FROM REGISTER The Council may strike off from
the relevant register any name of any registered person who fails
to comply with the provisions of these Act. Any person who has been
stricken off from the register shall not be employed or practice as
a nurse or a midwife.
76. 24. SURRENDER OF CERTIFICATE ON REMOVAL OF NAME FROM
REGISTER Any person whose name has been ordered to be removed from
Register under the provisions of this Act shall within 30 days of
the notification to her of such order or the dismissal of any
appeal lawfully against such order, whichever is the later,
surrender to the Council any certificate issued to her by the
Council.
77. Cont Any person, who fails to comply with subsection (1) of
this section, shall commit an offence against this Act and shall be
liable on conviction to a fine not less than two hundred thousand
Tanzania shilling or imprisonment for a term not exceeding six
months and the court shall order that certificate be
cancelled.
78. 26. APPEAL AGAINST SUSPENSION FROM PRACTICE OR REMOVAL FROM
REGISTER. Any person, who considers herself aggrieved by any order
or decision of the Council, may appeal to the Minister against that
decision
79. 27.RESTORATION OF NAME AFTER REMOVAL The Council may, on
application of the person whose name has been removed from the
register, after the expiration of a prescribed period, because the
name of that person to be restored in the register upon payment of
a prescribed fee and fulfillment of other prescribed
conditions.
80. 28.CONDITION FOR RESTORATION OF THE NAME TO THE REGISTER A
council shall restore the name in register of a person to practice
if he fulfill the following conditions: Out of practice for a
period of two years after his application be heard by the Council
and proved for the fitness to practice Proved that not guilty of
the offence suspected to commit
81. cont. Proved innocent after comply to the condition imposed
by the Council Not withstanding with the subsection (1) of this
section, the Council may impose other conditions for restorations
to be fulfilled after the determination of the nature of the
offense or misconduct.
82. FINANCIAL PROVISIONS PART VI
83. 29.FINANCIAL PROVISIONS a) Funds of the Council The funds
and resources of the Council shall consist of:- Money appropriated
by the House of Representatives for the purpose of the Council;
Grants, gifts and donations bequeathed as the Council receives from
any person or organization;
84. FINANCIAL PROVISIONS. Fees paid for services rendered by
the Council and fines charged in accordance with the provisions of
this Act The funds and resources of the Council shall be applied
for the purpose for which the Council is established
85. 30. ESTIMATES Within six months before the end of each
financial year, The Council shall, prepare and submit their
estimation to the Minister for his approval. No expenditure shall
be made out of the funds of the Council unless that expenditure is
within the budget approved by the Council.
86. 31.ACCOUNTS AND AUDIT The Council shall keep proper books
of accounts and shall approve the annual financial statement of
accounts for the proceeding financial year not later than three
months after the following year. This shall be done by controller
and auditor or a person authorized by him
87. Accounts and audit. The Council shall within three months
after the end of each financial year submit:- (a) to the Minister
an annual report in respect of the year containing:- financial
statements; a report on the operations of the Council; and any
other information that the Minister may, prior to the
completion
88. Accounts and audit. of the annual report or otherwise
supplementary thereto, direct in writing; to the Controller and
Auditor General:- the account of the Council for the financial
year; the annual report referred to under subsection 3(a) of this
section.
89. 32.PAYMENT OF FEES Subject to the provisions of this Act,
fees shall be charged for every registration including temporary
registrations, provisional registration, full registration or
approval of a nursing training programme for the issuance of
Licenses or permits.
90. OFFENCES AND PENALTIES PART VII
91. 33.OFFENCES AND PENALTIES Penalty for illegal practice Any
person who:- Practices nursing or midwifery without a registration
and a valid license, Has been suspended from practice as a nurse or
Midwife by an order of the Council, habitually or for gain
practices as a nurse or midwife
92. OFFENCES AND PENALTIES.. Disobey any order or directive of
the Council commits an offence and shall, upon conviction, be
liable to a fine not less than one million shillings or to
imprisonment for a term not exceeding one year or both.
93. 34. PENALTY FOR ILLEGAL PROCURING OF REGISTRATION THROUGH
FALSE STATEMENT OR DOCUMENT Any person who: Procure or attempts to
procure registration or a License by making or causing to be made
or producing any false or fraudulent statement or document;
Deliberately makes or causes to be made any falsification in any
matter relating to the register; or
94. Penalty for illegal procuring. Assist or aids that person
therein commits an offence and shall, upon conviction, be liable to
a fine not less than two million shillings or to imprisonment for a
term of two years or to both
95. 35.PENALTY FOR COMMENCING NURSING OR MIDWIFERY PROGRAMME
Any person or institution commencing a nursing or midwifery
training school or purporting to train any cadre of nurse, or
midwives without approval of the Council, commits an offence and
shall, upon conviction, be liable to a fine not less than three
million shillings or not more than five million shillings or to
imprisonment for a term not exceeding three years or to both
96. 36.PENALTY FOR IMPERSONATION, MISREPRESENTATION, FALSE
ASSUMPTIONS AND USE OF TITLES Any person who impersonates,
misrepresents, falsely assumes and uses names titles and uniforms
or distinctions of registered nurse or midwife commits an offence
and shall, upon conviction, be liable to a fine not less than five
hundred thousand shillings or to imprisonment for a term not
exceeding one year or to both.
97. interrupting proceedings of the Council Any person who
commits an offence under section 24 of this Act shall, upon
conviction, be liable to a fine not less than three hundred
thousand shillings or to imprisonment for a term not exceeding six
months or to both.
98. 37.KNOWINGLY EMPLOYING A PERSON NOT REGISTERED OR LICENSED
Any person who knowingly employs any person to practice nursing or
midwifery as a registered nurse or midwife, who is not registered
or licensed, commits an offence and shall, upon conviction, be
liable to a fine not less than one million shillings or to
imprisonment for a period not exceeding six months or to both.
99. 38.PENALTY FOR ASSISTING OR AIDING COMMISSION OF OFFENCE
Any person who assists or aids another person or to commit any
offence under this Act commits an offence and shall upon
conviction, be liable to a fine not less than five hundred thousand
shillings or to imprisonment for a term not exceeding three years
or to both.
100. 39.PENALTY FOR HINDERING OR CONSTRAIN AN INSPECTION Any
person who willfully hinders by whatever means or constrain an
inspector or registrar or any officer authorized by the Council to
do an inspection or to exercise his power shall commit an offence
and shall upon conviction, be liable to a fine not less than five
hundred thousand shillings or to imprisonment for a term not
exceeding three years or to both
101. 40.GENERAL PENALTY Any person who, commits an offence
under this Act for which no specific penalty provided shall be
liable upon conviction to a fine not less than three hundred
thousand shillings or imprisonment for a term not less than six
month or both
102. MISCELLANEOUS PROVISIONS PART VIII
103. 41.NOTIFICATION Any notification required to be given or
issued by Council to any person shall be sufficiently given if sent
by registered post to the person at his last known address or his
last address as contained in the register, and the time of receipt
shall be deemed unless the contrary is shown, to be the time at
which such notification would have arrived in the ordinary course
of post to such address.
104. 42.INDEMNITY FOR BONAFIDE ACTS No matter or thing done by
any member of the Council or it committee or the Council shall if
done in good faith in the execution or purported execution of the
functions of the Council or committee, as the case may be, renders
such member or employee personally liable for such matter or
thing.
105. 43.POWER TO MAKE RULES Subject to the provisions of this
Act, the Council may make rules generally for the better carrying
out of the provision of this Act.
106. 44.POWER TO MAKE REGULATIONS The Minister may, upon the
advice of the Council for better carrying out of the provisions of
this Act, make regulations. to the generality of subsection (1) of
this section, the Minister may make regulations to:- set procedures
for the administration of nurses and midwives ethics;
107. Power to make regulations.. prescribe the form of the
register of nurses and midwives, the parts into which the same is
to be divided and any particulars to be entered therein; regulate
the manner in which application for registration as a nurse or
midwife shall be made; prescribe countries having qualification for
the licensure of nurses or midwives recognized by the Council;
108. Power to make regulations.. prescribe the form of the
register of nurses and midwives, the parts into which the same is
to be divided and any particulars to be entered therein; regulate
the manner in which application for registration as a nurse or
midwife shall be made; prescribe countries having qualification for
the licensure of nurses or midwives recognized by the Council;
109. Power to make regulations.. impose conditions with regard
to the issuance of Licences and certificates to nurses and
midwives; prescribe modification to the titles to be used by
registered nurses and midwives; prescribe the particulars required
to be given, in any notification or notice given or issued under
this Act; prescribe the fees to be collected under this Act;
prescribe the form of certificate, and any particulars to be
contained therein additional to those required by the provisions of
this Act
110. Power to make regulations.. prescribe the procedure to be
followed by the Council in any inquiry under this Act; regulate,
prescribing for any matter or thing which is required or permitted
to be regulated, prescribed or provided in connection with private
nursing training programme; prescribe any other matter which is to
be or may be prescribed under this Act.
111. 45.REPEALS The Nurses and Midwives Act No. 9 of 1986 is
hereby repealed. Notwithstanding the repeal made under subsection
(1) of this section, anything done or any action taken or purported
to have been done under the repealed Act shall in so far as it is
not inconsistent with the provisions of this Act, be deemed to have
been done or taken under the corresponding provision of this
Act.
112. Repeals All subsidiary legislation made or issued under
the repealed Act which are in force on the commencement of this
Act, shall be deemed to have been made, given or issued under or in
pursuance of the provisions of this Act and shall remain in force
until revoked or suspended by subsidiary legislation made or issued
under this Act.
113. Reference Zanzibar Nursing and Midwifery Association
(ZANA)