24 December 2020

Requisites to perform functions relating to the profession of Nursing by Nurse Educators/Lecturers

1. PURPOSE

The purpose of this correspondence is to reiterate:

1.1 pre-requisites for performing functions relating to the profession of nursing by any person responsible for education and training of nurses and midwives; and

1.2 sanctions/ consequences of non-compliance with the provisions of the Nursing Act and its regulations.

2. LEGAL REQUISITES

2.1 The South African Nursing Council (SANC) is a Statutory Health Professional Council that is mandated to regulate the nursing profession by establishing and maintaining standards of nursing education, training and practice in South Africa. It is an autonomous body established by the Nursing Act, 1944 (Act No. 45 of 1944), and currently operating under the Nursing Act, 2005 (Act No. 33 of 2005).

2.2. The SANC, through the provisions of the Nursing Act, 2005 (the Act), is empowered to, among others:

• accredit nursing education institutions, nursing programmes and monitor assessments by nursing education providers in accordance with this Act or any other law; and
• withdraw or suspend accreditation of a nursing education institution, or nursing programme if the education or training provided does not comply with the prescribed requirements and inform the relevant licensing authority.

2.3. Regulations relating to the Accreditation of Institutions as Nursing Education Institutions (Government Notice No. R 173 of 08 March 2013), prescribes the following requirements, among others:

2(1) An institution may be accredited as a nursing education institution if – 

(a) it has a designated person in charge of the nursing education and training institution who – 

(i) is registered with the Council as a professional nurse;
(ii) has an additional qualification in nursing education;
(iii) is in possession of a management qualification;
(iv) holds at least a bachelor’s degree in nursing; and
(v) holds a nursing qualification that is a level higher than the highest qualification
offered by the nursing education institution or, if the highest qualification offered is a doctoral degree, a nursing qualification at an equal level.

2.4 By virtue of the provisions of section 31(3) of the Act, which states that 

“An employer must not employ or keep in his employment a person to perform the functions pertaining to the profession of, other than a person who holds the necessary qualification and who is registered under section (1) or (2)”.

3. SANC ‘S OBSERVATION

It has come to the attention of the Council of the SANC that some employers, especially in the higher education sector, do not comply with the above prescripts in that they:

• employ and retain in their employ, persons who are not registered with the SANC to perform functions relating to the profession of nursing such as education and training of nurses and midwives; and
• appoint persons who do not possess the required qualifications into a position of a Head of Nursing Education Institution or Head of Nursing.

This is in direct violation of the Act and its regulations. Having noted the concern, the Council of the SANC deliberated on the matter at its virtual meeting of 21-22 October 2020 and resolved that communication be sent to relevant persons and authorities to highlight the gravity of the matter.

4. IMPLICATIONS

Non-compliance with the above –mentioned prescripts may result in:

• Invalidation of accreditation;
• Criminal charges against the person who employed and retained a person that is not registered with the SANC to perform functions relating to the profession of nursing; and
• Criminal charges against a person who performs functions relating to the nursing profession while not registered with the SANC in one of the prescribed categories.

Employers are therefore urged to comply with the provisions of the Act and its regulations.

5. ENQUIRIES

For further information in respect of this correspondence you are advised to contact Ms SJ Nxumalo, SANC Senior Manager: Education &Training at (012) 420 1022 or on e-mail at: jnxumalo@sanc.co.za 

Yours sincerely,

(Signed)

Ms SA Mchunu
Registrar and CEO
South African Nursing Council

22 December 2020

Examinations conducted by the South African Nursing Council

1. PURPOSE

The purpose of this circular is to notify the National Department of Health, Provincial Departments of Health, Nursing Education Institutions (NEIs) and other relevant stakeholders about the following matters pertaining to the examinations that are conducted by the South African Nursing Council:

• Examinations written in October 2020
• Re-writing of failed examination papers/portions
• Late applications for entry into examination
• End date of the SANC-conducted examinations for the legacy nursing qualifications
• SANC examination for the new nursing qualifications

2. EXAMINATIONS WRITTEN IN OCTOBER 2020

2.1 Background

The May 2020 examination was postponed due to the COVID-19 Alert level 5 lockdown. The examination dates were rescheduled and communicated accordingly. The students wrote the postponed examination in October 2020.

2.2 Way forward

• Students who were not successful in the October 2020 examination will rewrite in May 2021; and
• Students who were successful in the October 2020 examination will write the final examination in November 2021.

3. RE-WRITING OF FAILED EXAMINATION PAPERS/PORTIONS

This serves to remind the NEIs that irrespective of the phasing out of the legacy nursing qualifications, the procedure to be followed by the candidates for re-writing of failed examination papers or portions remains the same, i.e.

3.1 A candidate who has failed a portion/paper in the Council examination for the first time follows the process outlined below:

3.1.1 Re-entry into any of the two consecutive examinations after publication of the examination results

• An examination application form and prescribed fee must be submitted to the Council by the NEI;
• These submissions must be made within the prescribed time frames;
• Credits of the passed portion/paper will be retained; and
• A candidate who has failed twice may be offered academic support by the Nursing Education Institution (NEI) in preparation for the third re-entry into an examination. The NEI will keep and maintain records of such academic support. 3.1.2. A candidate who after three attempts (full academic year) fails the

3.1.2. A candidate who after three attempts (full academic year) fails the examination, re-registers for the course and resumes training.

4. LATE APPLICATIONS FOR ENTRY TO EXAMINATION

4.1 Background
The examination schedule which also outlines the closing dates for admission of students to the examination is published in advance during the last quarter of each calendar year for the examination to be conducted during the following year. 

4.1.2 In terms of section (4) (1) of the Regulations relating to the examinations of the South African Nursing Council (Government Notice No. R7. of 8 of January 1993 as amended) on application for admission to an examination, “A candidate shall submit to the Council an application for admission to an examination not later than the seventh day of the month, three months prior to the month in which the examination is to be conducted”.

4.1.3 In terms of section (4)(2): An application for admission to an examination submitted later than the date referred to in sub-regulation (1) may be accepted by the Council-

• if it is submitted within seven days of the date referred to in sub-regulation (1) and is accompanied by the late entry fee prescribed by regulation 16(c); or
• if, in the case of a candidate who has failed one or more portions of an examination but who qualifies for a further examination, it is submitted before or on the date which shall be published together with the results of the examination in which the candidate failed, in which case no late entry fee shall be payable.

4.2 Council resolution 

At the virtual meeting held on 21-22 October 2020 the Council resolved that the NEI, not the students, should be responsible for payment of such late registration fees referred to in section 4.1 above.

4.3 Implications for future examinations

4.3.1 The examination section has been inundated with late submissions of applications which are outside the stipulations as indicated in sections 4.1.2 and 4.1.3 above. This creates an administrative nightmare for the examination section. The practice also exposes SANC to risks. 
It is on this basis that from the year 2021, the following will apply

• NO EXAMINATION APPLICATION WILL BE CONSIDERED WHICH IS OUTSIDE THE EXAMINATION REGULATIONS AS STATED IN SECTIONS
• 4.1.2 AND 4.1.3 ABOVE. NEIs must strictly adhere to the examination schedule that is published on a yearly basis.

4.3.2 NEIs which fail to apply for students’ examination entry as per published examination schedule will be liable for any litigation that may ensue since the affected students will not write the examination.

5. END DATE OF THE SANC CONDUCTED EXAMINATIONS FOR THE LEGACY QUALIFICATIONS

5.1 Background

5.1.1 Circular 3/2020, issued on 28 January 2020 indicated that the end dates of the SANC conducted legacy examinations will be announced in March 2020. The examination dates were not communicated because of the uncertainties due to the COVID-19 pandemic.

5.1.2 The last examination dates are as reflected in the table below:

5.2 Implications

5.2.1 The NEI should bring the contents of this circular to the attention of students.

5.2.2 The end dates will not be changed under any circumstances.

5.2.3 The NEIs and the students should be aware that from beginning of 2024 onwards the SANC will no longer conduct summative examinations for the above nursing programmes as well as the admission examination for foreign applicants/nurses.

6. SANC examination for the new nursing qualifications

6.1. Background

6.1.1 Circular 3/2020 issued on 28 January 2020 communicated future examination practices of SANC for the new nursing qualifications.

6.1.2 Students who are enrolled for the new nursing programmes will be required to write and pass the licensure examination on completion of training before their names are entered in the SANC register.

6.1.3 The licensure examination system is still under way. The Council, at its virtual meeting approved the project to conduct nursing practice analysis/task analysis which will inform the blue print for the licensure examination.

6.1.4 Students who are currently undergoing and are due to complete the Higher certificate in Nursing will however take up the SANC-conducted examination for professional entry in May/November 2021.

6.1.5 Foreign applicants/nurses will also be required to write and pass the licensure examination before they are entered in the SANC register at the beginning of 2024.

6.2 The examination dates

6.3 Implications

6.3.1. NEIs should submit the Completion records by 15 March 2021 as only students who were successful will be considered for the examination.
6.3.2. Students have a choice to select the examination date that suit their needs.
6.3.3. NEIs should submit the examination applications on behalf of the students who intend to write the May 2021 examination as indicated in the schedule above.
6.3.4. Students will be responsible to download the examination application form on the SANC website at www.sanc.co.za in case they choose to write the examination other than May 2021. The form together with proof of payment of applicable examination fees should be emailed to exam@sanc.co.za.
6.3.5. The examination will for now be conducted at the NEI where one was enrolled for the programme.
6.3.6. The examination question paper will be based on the Exit Level Outcomes and Associated Assessment Criteria of the programme.
6.3.7. The students will be required to hand over the examination question paper after writing.
6.3.8. Only one examination paper of 100 marks will be written.

7. IMPLEMENTATION

This Circular becomes implementable and valid on the date of issue. For further information in respect of this Circular, you are advised to contact Ms SJ Nxumalo, SANC Senior Manager: Education &Training at (012) 420 1022 or on e-mail at: jnxumalo@sanc.co.za.

Yours sincerely,

(Signed)

Ms SA Mchunu
Registrar and CEO
South African Nursing Council