Removal from Register

(1) When it is brought to the notice of the Council that a nurse or midwife who is included in the Register (in this part of these Rules referred to as “the Respondent”) has been convicted of a felony or misdemeanour or has been guilty of any professional misconduct or is incompetent, addicted to habitual intemperance or negligent in her professional duties, the Secretary, after making such further inquiries relative thereto as she thinks necessary, shall lay the matter before the Disciplinary and Penal Cases Committee of the Council which shall report to the Council. (2) The Committee may at any stage of the case take the advice of Counsel or Attorney-at-Law appointed by the Council, and may instruct him to obtain proofs of evidence in support of the allegations made against the Respondent and may, in such cases as they may think fit, decline to proceed with the matter unless the evidence in support of the charge (other than evidence of a conviction) is verified by statutory declaration. (3) Before reporting on any case to the Council the Committee shall invite the Respondent to furnish any written statement or explanation which she may desire to offer. (4) In any case in which it is proved to the Council by the certificate of the competent officer of the court in which the proceedings took place that the Respondent has been convicted of any felony or misdemeanour and has been sentenced to a term of imprisonment and such conviction has not been subsequently Nurses and Midwives Registration [CAP. 321 17 quashed on appeal, the Council may forthwith and without further inquiry, remove the name of the nurse from the Register and require her to surrender her certificate to the Council. (5) In any other case in which the Council is satisfied upon report of the Disciplinary and Penal Cases Committee that a prima facie case has been made out for the removal of the Respondent from the Register, the Council may direct its Attorney-at-Law to take all necessary steps for verifying the evidence to be submitted to the Council and for obtaining the necessary documents and the attendance of witnesses. (6) The Secretary shall send to the Respondent by registered post or by personal delivery a notice in writing specifying the nature and particulars of the charge against her and informing her of the time and place of the meeting at which the case will be heard and may require her to send or deliver to the Secretary her certificate and badge, if any, not later than the date on which the hearing takes place. Such notice shall be sent to the registered address of the Respondent contained in the Register or to any later address known to the Secretary and shall be posted so as to allow at least twenty-eight days to elapse between the day on which the notice is posted to the date fixed for the hearing. (7) The case shall be heard at a meeting of the Council of which at least seven days’ notice shall be sent by the Secretary to each member of the Council and the Respondent shall be entitled to be represented by a friend or by an Attorney-at-Law, provided that if she intends to be represented by an Attorney- at-Law not less than ten days’ notice of such intention shall be given to the Secretary. (8) At the hearing of the case, the Attorney-at-Law, Secretary or other persons appointed by the Council for the purpose shall first state to the Council the facts of the case and the charge alleged against the Respondent and shall then submit to the Council the evidence in support of the charge and the 18 Respondent or her representative shall be entitled to cross- examine any witness appearing against her on matters relevant to the charge. (9) When the statement of the charge and the evidence in support thereof are concluded, the Respondent or her representative shall be invited by the President to address the Council and to tender evidence in answer to the charge, and the Attorney-at-Law, Secretary or other person appointed by the Council for the purpose shall be entitled to cross-examine any witness tendered in answer to the charge and to reply upon the whole case after the Respondent or her representative has had an opportunity of tendering evidence and of addressing the (10) If the Respondent does not attend, either personally or by a representative, the Council may proceed to hear and determine the case in her absence upon satisfactory proof that notice of the hearing has been served on her. (11) Upon the conclusion of the case the Council shall, after consideration of the relevant evidence, whether oral or documentary, pronounce its decision either forthwith or at a later date in writing or at a subsequent meeting. (12) If the Council finds the charges against the Respondent to be proved either in whole or in part, it may remove her name from the Register altogether or for such period as it may think fit. (13) The Secretary shall forthwith communicate with the Respondent by registered letter informing her of the decision of the Council. (14) In the case of a temporary removal of the Respondent from the Register, the Secretary shall retain the certificate and badge, if any, and shall delete her name from the part or parts of the Register in which it is included during the period of removal and in the case of complete removal shall delete the Nurses and Midwives Registration [CAP. 321 19 Respondent’s name from the part or parts of the Register in which it is included and cancel her certificate and retain the cancelled certificate and badge, if any. (15) If any question or matter shall arise which is not provided for by this Rule, such question or matter shall be decided by the Council.