1 THE NURSING BILL PRESENTATION TO THE SELECT COMMITTEE ON SOCIAL SERVICES COMMITTEE ROOM GH41 GOODHOPE BUILDING 08 MARCH 2005 TRMDLALOSE

2 HISTORICAL OVERVIEW OF SANC  Before 1944 nurses were regulated under the Medical and Dental Council.  In 1944 the first Council was established.  In 1957 the second Act followed based on racial lines.  In 1978 the Nursing Act no.50 of 1978 was passed.

3 HISTORICAL OVERVIEW OF SANC  In 1994 the existing four Nursing Councils were disbanded and an Interim Nursing Council was established to prepare for a democratic permanent Council.  In 1998 the first democratic Council was inaugurated.  The term of office was 5 years.

4 HISTORICAL OVERVIEW OF SANC  The second democratic elected Council was inaugurated in June 2003 and and its term of office ends in May  The Council currently consists of 39 members.

5 BACKGROUND OF THE NURSING BILL  The process to transform the Council was initiated in  In November 2001 the Minister of Health accelerated the process by appointing a task team consisting of members from professional and technical Councils as well as the Department of Health to look at the transformation of Statutory Councils.

6 BACKGROUND OF THE NURSING BILL  Some of the recommendations of the TT are as follows: - The main purpose of Professional Councils is to protect and promote the public’s interests, including ensuring delivery of quality care. - Introduction of good corporate governance. - Introduction of the Charter for Council members.

7 BACKGROUND OF THE NURSING BILL - Council to be receptive to community and public interests. - Smaller but more productive Councils.  The Nursing Bill has incorporated these recommendations.  The Bill was published for a period of 3 months for public comments from December 2003 to March 2004.

8 CHAPTER 1 OF THE NURSING BILL  Deals with definitions in the Bill.  Definitions in line with those in the National Health Act, 2003 (Act no 61 of 2003).  Important features: - The word nurse to be used only by someone registered with the Nursing Council. - Staff Nurse replaces “Enrolled Nurse” since all nurses will have one register. - “Rolls” for lower categories abolished.

9 CHAPTER 2 OF THE NURSING BILL  Deals with continued existence, objects, functions and powers of the SANC.  Main feature is that Council exist to serve and protect the interests of the public not the nurses.  Section 5 deals with the composition and dissolution of Council. Number reduced from 39 to 25. Members appointed by the Minister but nominated by interest groups.

10 CHAPTER 2 CONTINUES Chairperson appointed by the Minister. Members can serve for a maximum of 10 years.  Minister has powers to dissolve the Council if it fails to comply with the provisions of the Act.  Section 12 deals with the introduction of the disciplinary appeal committee.

11 CHAPTER 2 CONTINUES  Section 14 deals with corporate governance which spells out the responsibilities of the Council and that of the Registrar.

12 CHAPTER 3 OF THE NURSING BILL  Deals with Education, Training, Research, Registration and Practice.  The main features are to bring Nursing Education and training in line with the National Qualifications Framework (NQF)and related Legislation.  The Council will keep a single register for all practitioners as opposed to a register and a roll.  The revised scope of the profession will be one of the main features.

13 CHAPTER 3 CONTINUES  Section 36 makes provision for the introduction of Continued Professional Development.  Section 37 makes provision for introduction of community service for nurses registering for the first time.

14 CHAPTER 4 OF THE NURSING BILL  Deals with powers of the Council with regard to professional conduct.  Section 43 deals with powers to institute an inquiry into any complaint against a Director, Manager or owner of an agency registered in terms of this Act.  Section 48 deals with impairment.  Section 49 deals with powers of Council to enter any institution or premises whose learners are trained therein and to confiscate any documents/ objects

15 CHAPTER 5 OF THE NURSING BILL  Deals with penalties for non regulated individuals, false representation and impersonation.

16 CHAPTER 6 OF THE NURSING BILL  Deals with special provisions relating to certain nurses and midwives.  Section 55 establishes the Appeals Committee against Council decision.  Section 56 deals with a list of Regulations to be promulgated by the Minister after consultation with the Council.

17 IMPLICATION OF THE BILL  If passed into law the present Council will be dissolved and a new Council put in place.

18 SANC MEMBERSHIP  Statistics as on 31 December 2003 Professional Nurses/ Midwives – 96,715 Enrolled Nurses/ Midwives - 33,575 Enrolled Nursing Auxiliaries - 47,431 TOTAL -177,721