The South African Nursing Council

Regulations Regarding Professional Identification Devices and Dress Code for Nurses and Midwives

The Minister of Health intends, in terms of section 45(1) of the Nursing Act, 1978 (Act No. 50 of 1978), on the recommendation of the South African Nursing Council, to make the regulations in the Schedule.

Interested persons are invited to submit any substantiated comments or representations on the proposed regulations to the Department of Health (for attention of the Directorate: Human Resource Development), Private Bag X828,Pretoria, 0001, within a period of two months of publication of this notice.

SCHEDULE

1.    Definitions

In these regulations, "the Act" means the Nursing Act, 1978 (Act No. 50 of 1978), and any expression to which a meaning has been assigned in the Act shall bear such meaning and, unless the context indicates otherwise -

"dress code" means a set of rules pertaining to the manner in which a registered practitioner will dress in a clinical health setting;

"professional identification device" means a card or an identification badge issued by the council signifying registration to practise as a registered practitioner;

"protective clothing" means attire worn by a registered practitioner in and appropriate to a clinical health setting in order to protect health care users and the registered practitioner;

"registered practitioner" means a person authorized in terms of the Act to practise as a nurse, midwife or learner.

2.    Dress code, protective clothing and professional identification devices

(1)    A registered practitioner shall wear protective clothing and adhere to a dress code whilst practising in a clinical health setting.

(2)    A dress code that upholds the image of the nursing profession and protective clothing shall be determined by the employer taking into account -

(a)    the safety needs of the health care user and registered practitioner concerned; and

(b)    the nature of the clinical health setting.

(3)    The professional identification devices referred to in subregulations (5) and (6) shall -

(a)    be of a design determined by the council; and

(b)    be issued by the council to a registered practitioner.

(4)    At least one of the professional identification devices referred to in subregulations (5) and (6) shall be visible to a health care user on a registered practitioner whilst practising in a clinical health setting.

(5)    A card shall include the following information:

(a)    The heraldic emblem of the council;

(b)    full names and surname of registered practitioner;

(c)    identity number;

(d)    council reference number;

(e)    registered basic professional capacity namely "registered nurse", registered midwife", "enrolled nurse", "enrolled midwife" or "enrolled nursing auxiliary";

(f)    recent photo of registered practitioner, to be replaced every 10 years;

(g)    registered qualification(s); and

(h)    official special provisions.

(6)    An identification badge shall include the following information:

(a)    The heraldic emblem of the council;

(b)    full names and surname of registered practitioner;

(c)    registered basic professional capacity namely "registered nurse", "registered midwife", "enrolled nurse", "enrolled midwife" or "enrolled nursing auxiliary"; and

(d)    council reference number.

(7)    The council shall be the sole manufacturer, seller, supplier and distributor of the professional identification devices.

3.    Offences

A person who -

(a)    is not registered or enrolled in terms of the Act and wears or uses a professional identification device;

(b)    wears, uses, lends or borrows a professional identification device issued to another registered practitioner;

(c)    manufactures, sells or supplies a professional identification device;

(d)    wears, uses, manufactures, sells or supplies a professional identification device other than the card referred to in regulation 2(5) or the identification badge referred to in regulation 2(6);

(e)    as an employer willfully allows a registered practitioner to practise nursing in violation of these regulations,

shall be guilty of an offence and be liable on conviction to a fine not exceeding R100 or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.

4.    General

(1)    A registered practitioner shall within a period of two years from the promulgation of these regulations, obtain the professional identification devices from the council.

(2)    During the two year period referred to in subregulation (1), a registered practitioner may wear the old or new professional identification devices.

(3)    A registered practitioner who does not obtain the professional identification devices within the two year period referred to in subregulation (1) and still wears the old professional identification devices after such two years, shall be guilty of an offence and be liable on conviction to a fine not exceeding R100 or suspension for a period not exceeding three months from practising his or her profession, or to both such fine and such suspension.

5.    Repeal

The following regulations are hereby repealed:

(a)    The Regulations published under Government Notice No. R.1201 of 31 July 1970, as amended by Government Notices Nos. R.1378 of 13 August 1971, R.1857 of 8 October 1976, R.2359 of 26 October 1984 and R.280 of 15 February 1995;

(b)    the Regulations published under Government Notice No. R.1740 of 29 September 1972, as amended by Government Notices Nos. R.1858 of 8 October 1976, R.2361 of 26 October 1984 and R.278 of 15 February 1995; and

(c)    the Regulations published under Government Notice No. R.1747 of 29 September 1972, as amended by Government Notices Nos. R.1859 of 8 October 1976, R.2360 of 26 October 1984 and R.279 of 15 February 1995.

DR M E  TSHABALALA-MSIMANG
Minister of Health

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