NURSES AND MIDWIVES ACT

to regulate the education and training of nurses and midwives; continue the existence of the General Nursing Council and rename it as the Nursing and Midwifery Council of Zambia and provide for its functions; provide for the registration of, issuance of practising certificates to, nurses and midwives; provide for the scope of practice of nurses and midwives; regulate the practice and professional conduct of nurses and midwives; provide for the licensing of nursing and midwifery facilities; repeal and replace the Nurses and Midwives Act, 1997; and provide for matters connected with, or incidental to, the foregoing.

[26th March, 2021]

Act 10 of 2019,

SI 17 of 2021.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Nurses and Midwives Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"administer" means to give a medicine or an allied substance to a human being orally, by injection, by external application or by introduction into the body in any other way, whether by direct contact with the body or not;

"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"Board" means the Board of the Council constituted in accordance with section 5;

"certificate of accreditation" means a certificate of accreditation of a practical training site issued in accordance with section 43;

"certificate of approval" means a certificate of approval of a training programme issued in accordance with section 35;

"certificate of full registration" means a certificate of full registration as a nurse or midwife issued in accordance with section 18;

"certificate of provisional registration" means a certificate of provisional registration as a nurse or midwife issued in accordance with section 17;

"certificate of registration" means, as the case may be, a certificate of full registration, certificate of provisional registration, certificate of temporary registration or specialist registration certificate;

"Chairperson" means the person appointed as Chairperson of the Board in accordance with section 5;

"clinical practice" means nursing or midwifery services provided by a nurse or midwife;

"Code of Ethics" means the Code of Ethics for nurses and midwives developed and published in accordance with section 65;

"college" means a higher education institution established, declared or registered as a college in accordance with the Higher Education Act, 2013;

"committee" means a committee of the Board constituted in accordance with paragraph 4 of the First Schedule;

"competence examination" means examinations administered by the Council for the purpose of establishing the prospective practitioner’s professional practice competence levels and suitability to be registered and issued with a practising certificate under this Act;

"Council" means the Nursing and Midwifery Council of Zambia established under section 3;

"Defence Force" means the Defence Force established under the Constitution;

"diagnostic centre" means a laboratory or radiological service, or any other related service;

"dispense" means to prepare and give out a medicine or an allied substance and other necessity to patients or clients;

"education and training programme" means a training programme offered by a higher education institution to prepare students for a nursing or midwifery profession;

"Emoluments Commission" means the Emoluments Commission established under the Constitution;

"former Council" means the General Nursing Council established or continued under the repealed Act;

"health facility" has the meaning assigned to the words in the Health Professions Act, 2009;

"Health Professions Council of Zambia" means the Health Professions Council of Zambia established by the Health Professions Act, 2009;

"Higher Education Authority" means the Higher Education Authority established by the Higher Education Act, 2013;

"higher education institution" has the meaning assigned to the words in the Higher Education Act, 2013;

"hospital" has the meaning assigned to the word in the Health Professions Act, 2009;

"indexing" means the process of identifying individual students enrolled in a nursing or midwifery education and training programme by assigning them a unique identification number;

"legal practitioner" has the meaning assigned to the word "practitioner" in the Legal Practitioners Act;

"legally disqualified" means having no legal capacity as provided in section 4 of the Mental Health Act, 2019;

"licensure examinations" means examinations set and conducted by the Council in respect of applicants for registration as nurses or midwives whose nursing or midwifery qualifications have been obtained from a higher education institution whose competence examinations are not set and conducted by the Council;

"member" means a member of the Board;

"medicines and allied substances" has the meaning assigned to the word in the Medicines and Allied Substances Act, 2013;

"midwife" means a person registered as a midwife in accordance with this Act;

"midwifery agency" means a privately-owned facility registered under this Act for the purpose of providing midwives and midwifery services on a contractual arrangement with a provider of healthcare service;

"midwifery care centre" means a privately-owned facility staffed with midwifery personnel and registered under this Act for the purposes of providing midwifery services in a setting in the community;

"nurse" means a person registered as a nurse in accordance with this Act;

"nursing agency" means a facility registered under this Act for the purposes of providing nurses and medical-surgical nursing care services on a contractual arrangement with a provider of healthcare services;

"nursing care centre" means a facility staffed with nursing personnel and registered under this Act for the purpose of providing medical-surgical care in a setting, in the community;

"nursing home" means premises licensed in accordance with this Act and used, or intended to be used, to provide specialised, follow-up or continued nursing care of persons suffering from a chronic disease, chronic injury or chronic infirmity;

"nursing or midwifery institution" means a higher education institution providing nursing or midwifery training, and includes a school of nursing or midwifery in a university;

"nursing or midwifery facility" means a nursing agency, midwifery agency, nursing care centre, midwifery care centre, nursing home or other premises where nursing or midwifery services are provided;

"practical training site" means a site that is accredited for purposes of giving students a supervised practical application of a previously or concurrently studied theory;

"practising certificate" means a certificate, issued to a nurse or midwife in accordance with section 25, authorising the holder to practise as a nurse or midwife;

"prescribe" means to order the use of a medicine or other treatment, and includes filling or writing a prescription for a patient or client;

"private nursing or midwifery institution" means a privately-owned higher education institution whose nursing or midwifery education and training programme is approved in accordance with the provisions of this Act;

"private clinical practice" means clinical practice for commercial or voluntary purposes;

"professional association" means an organisation the majority of whose members are nurses and midwives and which seeks to promote the professional interests of nurses and midwives;

"public nursing or midwifery institution" means a government owned or faith-based higher education institution whose nursing or midwifery education and training programme is approved in accordance with the provisions of this Act;

"register" means a register specified in section 76;

"Registrar" means the person appointed as Registrar of the Council in accordance with section 8;

"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"repealed Act" means the Nurses and Midwives Act, 1997;

"scope of practice" means the range of roles, functions, responsibilities and activities which a nurse or midwife is authorised to perform or carry out under this Act;

"specialist" means a nurse or midwife who has attained postgraduate qualifications and is authorised by the Council to practise as a specialist with advanced expertise in a particular branch of nursing or midwifery practice;

"specialist registration certificate" means a specialist registration certificate issued in accordance with section 19;

"student" means a person enrolled in and undertaking an approved nursing or midwifery, or both education and training programme;

"university" means a higher education institution established, declared or registered as university in accordance with the Higher Education Act, 2013;

"Vice-Chairperson" means the person elected as Vice-Chairperson of the Board in accordance with section 5; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established by the Zambia Qualifications Authority Act, 2011.

PART II
THE NURSING AND MIDWIFERY COUNCIL OF ZAMBIA

3. Continuation and renaming of the General Nursing Council

(1) The General Nursing Council of Zambia established under the Nurses and Midwives Act, 1997, is continued as if established under this Act and is renamed as the Nursing and Midwifery Council of Zambia.

(2) The Council is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to the provisions of this Act, to do all acts and things that a body corporate may by law do or perform.

(3) The provisions of the First Schedule apply to the Council.

4. Functions of the Council

The functions of the Council are to—

(a) register and regulate nurses and midwives;

(b) issue practising certificates to eligible nurses and midwives;

(d) approve, in consultation with the Higher Education Authority and the Zambia Qualifications Authority, training programmes for nurses and midwives and the qualifications obtained;

(e) licence nursing and midwifery facilities;

(f) conduct licensure examinations;

(g) conduct competence examinations and award prescribed qualifications in respect of those examinations;

(h) investigate cases of professional misconduct under this Act;

(i) promote public awareness in matters relating to the nursing and midwifery profession;

(j) promote awareness among nurses and midwives in matters relating to nursing and midwifery education, practice and regulation;

(k) ensure adherence to the—

(i) scope of practice; and

(ii) conditions that promote patient safety and public confidence in the nursing and midwifery profession;

(l) enforce continuing professional development requirements for nurses and midwives;

(m) accredit practical training sites;

(n) promote evidence-based practice through research;

(o) liaise with other national and international organisations on matters relating to nursing and midwifery education, practice and regulation; and

(p) advise the Minister on matters relating to nursing and midwifery.

5. Constitution of Board of Council

(1) There is constituted the Board of the Council which consists of the following part-time members appointed by the Minister—

(a) the head of a professional association with the highest number of nurses and midwives as members;

(b) a nurse or midwife in charge of nursing and midwifery services at the Ministry responsible for health;

(i) Attorney-General;

(ii) Ministry responsible for Higher Education;

(iii) Health Professions Council of Zambia; and

(iv) Churches Health Association of Zambia;

(d) a nurse or midwife from the association representing private nursing and midwifery colleges;

(e) a representative from the business community; and

(f) a person who has distinguished oneself in the service of the public.

(2) The Minister shall appoint the Chairperson from among the members.

(3) The members shall elect one person among themselves as the Vice-Chairperson.

(4) A person shall not be appointed as a member if that person—

(a) has been found guilty of professional misconduct under this Act;

(b) is convicted of an offence under this Act;

(d) is legally disqualified;

(e) has been convicted of an offence involving fraud or dishonesty; or

(f) is an employee of the Council.

6. Functions of Board

(1) The Board is the governing body of the Council.

(2) Without limiting the generality of sub-section (1), the functions of the Board are to—

(a) approve the policies, programmes and strategies of the Council;

(b) approve the annual work plan, action plans and activity reports of the Council;

(d) monitor and evaluate the performance of the Council against budgets and plans; and

(e) advise the Minister on matters relating to nursing and midwifery practice.

7. Delegation of functions of Board

The Board may, by direction in writing and on conditions that the Board considers necessary, delegate to the Registrar any of its functions under this Act.

8. Registrar

(1) The Board shall appoint a Registrar who shall be—

(a) the chief executive officer and secretary of the Council; and

(b) responsible for the day-to-day administration of the Council.

(2) The Registrar shall be a nurse or midwife registered with a valid practising certificate issued under this Act.

(3) The Registrar shall attend meetings of the Board and of committees, and may address those meetings but shall not vote on any matter.

9. Staff of Council

The Council shall appoint other staff of the Council that the Council considers necessary for the performance of the Council’s functions.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

NURSES AND MIDWIVES ACT

Arrangement of Sections

Section

PART I
PRELIMINARY PROVISIONS

1. Short title

2. Interpretation

PART II
THE NURSING AND MIDWIFERY COUNCIL OF ZAMBIA

3. Continuation and renaming of the General Nursing Council

4. Functions of the Council

5. Constitution of Board of Council

6. Functions of Board

7. Delegation of functions of Board

8. Registrar

9. Staff of Council

10. Emoluments and other conditions of service of Registrar and other staff

PART III
INSPECTORATE

11. Inspectorate

12. Power of entry, search and inspection

13. Code of Conduct for inspectors

PART IV
REGISTRATION OF NURSES AND MIDWIVES, AND PRACTISING CERTIFICATES

14. Prohibition of practising without registration

15. Registration as nurse or midwife

16. General qualifications for, and disqualifications from, registration as nurse or midwife

17. Provisional registration

18. Full registration

19. Specialist registration

20. Changes in detail

21. Cancellation of certificate of registration and deregistration

22. Re-registration of nurse or midwife

23. Prohibition of practice without practising certificate

24. Application for and issue of a practising certificate

25. Display of practising certificate

26. Renewal of practising certificate

27. Cancellation of practising certificate

28. Retention of non-practising nurse or non-practising midwife on register

29. Regulations on practising certificates

30. Prohibition of transfer of certificate

31. Duplicate certificate

32. Surrender of cancelled certificate

PART V
EDUCATION AND TRAINING OF NURSES AND MIDWIVES

33. Prohibition of provision of nursing or midwifery training without approval

34. Application for approval of training programme

35. Approval of training programme

36. Display of certificate of approval

37. Review of approved training programme

38. Withdrawal of approval of training programme

39. Re-approval of training programme

40. Regulations on education and training and continuing professional development

41. Prohibition of use of practical training site without accreditation or approval

42. Application for accreditation as practical training site

43. Grant of accreditation

44. Display of certificate of accreditation

45. Renewal of accreditation

46. Suspension and revocation of accreditation

47. Indexing of students

48. Prescription of qualifications and issue of certificates

49. Offences relating to training of nurses and midwives

PART VI
SCOPE OF NURSING AND MIDWIFERY PRACTICE

50. Scope of nursing and midwifery practice

51. Prohibition of prescription of listed medicine and allied substance without certificate of competence

52. Certificate of competence to prescribe listed medicine and allied substance

PART VII
LICENSING OF NURSING AND MIDWIFERY FACILITIES

53. Prohibition of operation nursing or midwifery facility without licence

54. Application for licence

55. Grant of licence

56. Display of licence

57. Transfer of licence

58. Amendment of licence

59. Duplicate licence

60. Renewal of licence

61. Surrender of licence on discontinued operation of nursing or midwifery facility

62. Suspension or revocation of licence

63. Publication of licenced nursing and midwifery facilities

64. Offences relating to nursing and midwifery facilities

PART VIII
DISCIPLINARY MATTERS

65. Code of Ethics

66. Professional misconduct

67. Initiation of disciplinary action

68. Professional Conduct Committee

69. Reference of matters to Professional Conduct Committee

70. Functions of Professional Conduct Committee in relation to complaint or information

71. Sanctions for professional misconduct by Professional Conduct Committee

72. Disciplinary Committee

73. Functions of Disciplinary Committee

74. Proceedings of Disciplinary Committee

75. Powers of Disciplinary Committee at hearing

76. Sanctions for professional misconduct by Disciplinary Committee

77. Reports by Disciplinary Committee

78. Rules by Chief Justice

PART IX
GENERAL PROVISIONS

79. Registers

80. Publication of copies of registers

81. Appeals

82. Jurisdiction over acts committed outside Zambia

83. Prohibition of publication or disclosure of information to unauthorised persons

84. Offences by principal officers of bodies corporate and unincorporate bodies

85. General penalty

86. Administrative penalty

87. Immunity

88. Guidelines

89. Regulations

90. Repeal of Act No. 31 of 1997, and savings and transitional provisions

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT

[On Notice]

Act 10 of 2019.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Nurses and Midwives Act, and shall come into operation on the date appointed by the Minister by statutory instrument.