Circular 3/2007 Proclamation of commencement of sections of the Nursing Act, 2005 (Act No. 33 of 2005)
23 March 2007
Proclamation of Commencement of Sections of the Nursing Act, 2005 (Act No. 33 of 2005)
The State President has proclaimed some sections of the Nursing Act, 2005 (Act No. 33 of 2005) with effect from 15 December 2006.
The sections of the Act that are proclaimed by this notice and are now in effect are:
Sections 1 to 4; 8; 11; 13; 17 to 29; 30; 31; 37; 40; 58; 59; 61 and 62.
How does this Proclamation affect the profession?
The implementation of Sections 1 to 4; 8; 11; 13; 17 to 29; 58; 59; and 62 do not have a direct bearing on individual nurses. These sections pertain to the functioning of South African Nursing Council and makes provision for the Minister to make new Regulations and for the Council to make new Rules.
The proclamation of Sections 30, 31, 37, 40 and 61 does affect individual nurses and the implementation of each of these sections is explained further.
1. Implementation of Sections 30 and 31
The implementation of Section 30 pertaining to the Scope of profession and practice of nursing and Section 31 pertaining to Registration as prerequisite to practise is dependant on the publications of new regulations. It is important to note that until new Regulations are passed to replace the existing Regulations, the scope of practice, categories and titles of nurses, and the registration of nurses will continue to be regulated by existing Regulations. This effectively implies that until new Regulations are passed:
nurses registered or enrolled prior to the proclamation of the Act will continue to function in the categories in which they are registered or enrolled to practise,
nurses will continue to use their existing titles;
the scope of practice for all existing categories of nurses will remain unchanged; and
new registrations or enrolments will be in accordance with the requirements of existing regulations.
2. Implementation of Section 37: Receipt as Proof
This section does not require new Regulations and is immediately applicable. The section makes provision for the recognition of the “Annual Receipt and Licence to Practice” issued by the Council as proof of your registration or enrolment with the Council or if such receipt is lost a confirmation letter signed by the registrar. Please note that only a receipt that states “Annual Receipt and Licence to Practice” is valid for practice.
NB: An ordinary receipt issued by the Council for receipt of money is not a valid “Annual Receipt and Licence to Practice” and does not entitle a person to practice. Such a receipt only acknowledges a payment made.
3. Implementation of Section 40: Community Service
Section 40 of the Act pertaining to Community Service will be fully implemented when Regulations are passed to give effect to this section. Draft Regulations were already published for public comment in October 2006 and the Regulations will be published in their final form shortly. The Department of Health and the SANC will jointly communicate the details regarding the implementation of community service.
4. Implementation of Section 61: Transitional Provisions
“61 (1) Any proclamation, notice, regulation, authorisation or order issued, made or granted, any registration or enrolment, any removal from a register or roll or any appointment or any other thing done in terms of a provision of any law repealed by section 60(1) is, unless inconsistent with any provision of this Act, deemed to have been issued, made, granted or done under the corresponding provision of this Act.”
The effect of this section is that all existing regulations, registrations, enrolments, removals or any order made in terms of the Nursing Act, 1978 (Act No. 50 of 1978) as amended are still applicable until such time that they are repealed.
You will be kept informed of all further developments regarding the implementation of the Nursing Act through regular communication.
Printed copies of the Nursing Act, 2005 (Act No. 33 of 2005) can be purchased from the Council or from the Government Printers. An electronic (PDF) version can also be found on the Council website at the following location:
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