SOLOMON ISLANDS

THE NURSING COUNCIL (AMENDMENT) ACT 1997

(NO. 6 OF 1997)

Passed by the National Parliament this twenty-eighth day of May 1997.

Assented to in Her Majesty's name and on Her Majesty's behalf this Tenth day of July 1997.

Date of commencement: see section 1.

AN ACT TO Amend the Nursing Council Act 1987.

ENACTED by the National Parliament of Solomon Islands.

ARRANGEMENT OF SECTIONS

Section:

1. Short title and commencement.
2. Amendment of section 3 of Act No. 13 of 1987.
3. Amendment of section 5.
4. Amendment of section 8.
5. Amendment of section 9.
6. Amendment of section 10.
7. Amendment of section 11.
8. Amendment of section 15.
9. Amendment of section 16.
10. Amendment of section 18.
11. Amendment of section 20.
12. Insertion of new section 20A.
13. Insertion of new section 21A.
14. Amendment of Schedule.

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Short title and commencement.

1. This Act may be cited as the Nursing Council (Amendment) Act, 1997, and shall come into operation on such date as the Minister may appoint by notice published in the Gazette.

Amendment of section 3 of Act No. 13 of 1987.

2. (1) Section 3 of the Nursing Council Act (hereinafter referred to as the "principal Act") is hereby amended in the following respects - 

(a) by deleting the word "Midwife" and its definition and inserting instead the definition "Nurse specialist" means a person who has undergone specialist training in any field of nursing and registered pursuant to this Act";

(b) by deleting the word "midwife" in the definition of the word "Practice" and substituting therefor the words "nurse specialist"; and

(c) by inserting therein in proper alphabetical sequence the following new definitions -

"register" means the register of nurses referred to in section 6;

"Registrar" means the person appointed to be the Registrar of nurses under paragraph 9(1) of the Schedule; and

"secretary" means the person appointed under section 8(1) of the Schedule; and

(2) The principal Act is hereby amended by deleting the words "midwife" or "midwives" and substituting therefor the words "Nurse Specialist" or "Nurse specialists" respectively wherever those words appear in the Act.

Amendment of section 5.

3. Section 5 of the principal Act is hereby amended by deleting paragraph (a) and substituting therefor the following new subparagraph - 

"(a) to consider and set examinations for registration of persons wishing to practice nursing in Solomon Islands."

Amendment of section 8.

4. Section 8 of the principal Act is hereby amended by deleting the words "to him" that appear in subsection (2).

Amendment of section 9.

5. Section 9 of the principal Act is hereby amended in the following respects - 

(a) by adding the words "that person" after the word "if";

(b) by deleting the word "he" at the beginning of paragraph (a); and inserting therefor the words "and or education" between the words "training" and "approved" in subsection (a);

(c) by deleting the word "he" at the beginning of paragraph (b);

(d) by deleting the word "he" at the beginning of paragraph (c); and deleting the words "registering him" and substituting therefor the word "registration"; and

(e) by deleting the words "he satisfies the Council as to his" in paragraph (d) and substituting therefor the words "is of".

Amendment of section 10.

6. Section 10 of the principal Act is hereby amended in the following respects - 

(a) by adding the words "that person" after the word "if"; and

(b) by deleting the word "he" that appears at the beginning of subsections (a), (b) and (c).

Amendment of section 11.

7. Section 11 of the principal Act is hereby amended in subsection (2) by deleting -

(a) the word "a" that appears before the word "notice" and substituting therefor the word "the"; and

(b) the words "to him".

Amendment of section 15.

8. Section 15 of the principal Act is hereby amended in subsection (1)(b) by deleting the word "his" that appears after the word "why".

Amendment of 16.

9. Section 16 of the principal Act is hereby amended in subsection (1)(b) by -

(a) deleting the word "he" and substituting therefor the word "the applicant"; and

(b) deleting the word "his" that appears before the word "application" and substituting therefor the word "the".

Amendment of section 18.

10. Section 18 of the principal Act is hereby amended in subsection (1)(b) by deleting the words "he" and "he is" and substituting therefor the following words "the person" and "that person" respectively.

Amendment of section 20.

11. Section 20 of the principal Act is hereby amended by deleting the words "he knows" and substituting therefor the words "are proven".

Insertion of new section 20A.

12. The Principal Act is hereby amended by inserting after section 20 the following new section as section 20A - 

"Protection of members

20A. No member of the Council shall be personally liable for any act or default of the Council done or omitted to be done in good faith in the course of the operation of the Council."

Insertion of new section 221A.

13. The principal Act is hereby amended by inserting immediately after section 21 the following new section as section 21A,

"Registered persons may charge for services.

21A. Every registered person persons under this Act is entitled to practice nursing and provide nursing services in the services areas of expertise, as the case may be, in Solomon Islands, and may demand and recover any reasonable charges for services rendered."

Amendment of Schedule.

14. The Schedule to the principal Act is hereby amended in the following respects - 

"(a) by deleting paragraph 1(1) and substituting therefor the following new paragraph 1(1) - 

1. (1) The Council shall consist of - 

(a) a chairman who shall be the Director of Nursing;

(b) a deputy chairman, who shall be the Assistant Director of Nursing Community;

(c) the heads of approved training and educational institutions;

(d) Assistant Director of Nursing Hospitals;

(e) a registered nurse employed in the service of a religious organisation in Solomon Islands;

(f) a registered nurse nominated by an association representing nurses in Solomon Islands; and

(g) the Registrar as appointed under paragraph 9 to this Schedule."

9. (1) The Council shall with the approval of the Minister, appoint a Registrar.

(2) The duties of the Registrar shall be - 

(a) to register in the Register of Nurses, persons who are approved by the Council to be registered under this Act;

(b) to have custody of the Register of Nurses;

(c) to issue certificates and badges to persons who have been registered under this Act; and

(d) to perform such other duties as may be directed by the Council."

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