…aimed at bringing greater regulation to nursing profession
WHEN the Nurses and Midwives Bill 2018 is enacted into law, it can see stiff fines and penalties coming to those who make fraudulent representation or falsify documents under the practice.
On Thursday in the National Assembly, the Bill was presented for the first time by Minister of Public Health Volda Lawrence.
It states that to make provision for the registration and regulation of nurses, midwives, nursing assistants and specialist nurses, a15-member Nurses and Midwives Council would be set up.
The council will have the power to appoint several committees which include an Examination and Education Committee; Disciplinary Committee; Registration Committee and a Finance Committee.
Some of its functions include advising the minister on matters related to nursing personnel; promoting the interest of nursing personnel and establishing standards of educating and training, among others.
Among a list of its powers, it will have the ability to register, enrol, certify or licence nursing personnel; revoke, cancel, suspend or place conditions on any certificate or license issued, as well as impose fines.
As such, penalties will result for persons who practise without being registered; make fraudulent representation or falsification of registers with a stiff fine of $500,000 and imprisonment of up to 12 months.
Meanwhile, anyone who advertises falsely to be nursing personnel can face a $200,000 fine and imprisonment for six months; and professional misconduct can cause nursing personnel a fine not exceeding $100,000.
The Bill also stipulates the conditions under which licences may be revoked or suspended: these include being convicted for an offence which the council believes makes one unfit to serve; non-compliance with provisions or regulations under the Act; and engaging in conduct which is inimical and prejudicial to the nursing profession.
Should a person refuse to give up his/her licence in this case, he or she can face a hefty $150,000 fine or even three months imprisonment.
Provisions have been made, however, for persons aggrieved by the council’s decision to revoke or suspend their licence to appeal against the ruling to a judge. Regarding the renewal of licences, persons who fail to do so within three months of the December 31 expiration date each year can run the risk of paying a fine of up to $50,000.
The Bill also indicates through which means persons can also complain to the council if aggrieved by an act of professional misconduct committed by any nurse. With the council’s permission, such complaints will be dealt with by the Disciplinary Committee.
The committee will be able to make rules regulating the presentation, hearing and determination of applications received by the council. It will also have the power to summon witnesses and to call for the production of relevant documentary evidence.
Apart from these, it should be noted that funds for the council shall come from monies paid to the council in respect of fees due under the Act; and monies appropriated by Parliament for the purpose of the council.
