NCM Act 2003


PART III - REGISTRATION

20.Registers

(1) The Registrar shall keep –

(a)  a register for general nurse;

(b)  a register for mental health nurse;

(c)  a register for midwife,

(d)  a register of state enrolled nurse and assistant nurse;

(e)  a register of temporary registered nurse and midwife; and

(f)  such other register as the Council may determine.

(2) The Registrar shall enter in the appropriate register -

(a) the names, addresses, qualifications and other particulars of every person who is registered;

(b) any alterations in the names, addresses, qualifications and other particulars of registered persons;

(c) an annotation as to whether a registered person -

(i) has died;

(ii) has been struck off as a registered nurse or midwife or state enrolled nurse or assistant nurse;

(iii) has been suspended from practising as a nurse, midwife, or state enrolled nurse or assistant nurse;

(iv) has left Mauritius with the intention of settling abroad.

(d) any other information he may with the approval of Council consider necessary.

21. Application for registration

(1) Every person who wishes to be registered under section 20 shall apply in person to the Registrar and in such form as may be approved by the Council.

(2) An applicant under subsection (1) shall submit along with his application -

(a) the original or a certified copy of his qualifications;

(b) a certified translation in English or French of the qualification where the qualification is in a language other than English or French;

(c) his birth certificate or any official documentary evidence ; and

(d) such other particulars as the Council may reasonably require.

(3) A foreign applicant under subsection (1) shall in addition to the requirements under subsection (2), submit a syllabus of the training programme followed and a morality certificate from his country of origin.

(4) Where the Registrar is satisfied that an applicant qualifies for registration under this Act, he may cause the name of the applicant to be entered into the appropriate register and inform the Council accordingly.

(5) Where the Registrar does not register an applicant under subsection (3), the Registrar shall refer the application to the Council for its decision.

(6) Where the Council decides to register an applicant, the applicant shall be so registered.

(7) Where the Council refuses to register an applicant, the Registrar shall notify the applicant accordingly, stating the reasons for the refusal.

22. Registration as general nurse

A person may register as general nurse if he –

(a) is a citizen of Mauritius ;

(b) holds a certificate or diploma in general nursing;

(c) is of good character and has not been convicted of any offence involving fraud or other dishonesty;

(d) has not been removed from the list of nurses under the laws of any country on account of any infamous conduct, professional misconduct, negligence or malpractice;

(e) does not suffer from any mental or physical incapacity which may hamper him in the discharge of his duties; and

(f) has paid such fee as may be prescribed by the Council.

23. Registration as mental health nurse

A person may register as a mental health nurse if he –

(a) is a citizen of Mauritius ;

(b) holds a diploma in psychiatric nursing;

(c) is of good character and has not been convicted of any offence involving fraud or other dishonesty;

(d) has not been removed from the list of nurses under the laws of any country on account of any infamous conduct, professional misconduct, negligence or malpractice;

(e) does not suffer from any mental or physical incapacity which may hamper him in the discharge of his duties; and

(f) has paid such fee as may be prescribed by the Council.

24. Registration as midwife

A person may register as a midwife if she -

(a)  is a citizen of Mauritius ;

(b) holds a certificate in midwifery;

(c) is of good character and has not been convicted of any offence involving fraud or other dishonesty;

(d) has not been removed from the list of midwives under the laws of any country on account of any infamous conduct, professional negligence or malpractice;

(e) does not suffer from any mental or physical incapacity which may hamper her in the discharge of her duties; and

(f) has paid such fee as may be prescribed by the Council.

25. Registration as state enrolled nurse or assistant nurse

A person may be registered as a state enrolled nurse or assistant nurse if he -

(a) is a citizen of Mauritius

(b) holds a certificate in basic nursing;

(c) is of good character and has not been convicted of an offence involving fraud or other dishonesty;

(d) has not been removed from the list of nurse under the laws of any country on account of any infamous conduct or any professional misconduct, negligence or malpractice;

(e)  does not suffer from any mental or physical incapacity which may hamper the discharge of his duties;

(f) is employed by the state as a nurse or assistant nurse; and

(g) has paid such fee as may be prescribed by the Council.

26. Temporary registration

Notwithstanding sections 22(a), 23(a), 24(a) and 25(a), a person may be temporarily registered as a nurse, mental health nurse, state enrolled nurse or assistant nurse, or midwife where he –

(a) satisfies the requirements of sections 21, 22, 23, 24 or 25;

(b) holds a work permit or is exempted from holding a permit under the Non-Citizens (Employment Restriction) Act;

(c) has paid such fees prescribed by the Council.

27. Visitors

(1) Where a person who is not a citizen of Mauritius -

(a) is engaged in the implementation of a scheme agreed upon by the Government of Mauritius and the World Health Organisation or other similar international agency;

(b) is visiting Mauritius and has been invited to offer his services under a scheme approved by the Ministry; or

(c) is visiting Mauritius for the purpose of teaching, research or study in nursing or midwifery under such scheme as may be approved by the Government of Mauritius,

he shall apply for temporary registration and may be granted temporary registration under section 26.

(2) A person registered under subsection (1) shall be exempted from the payment of any registration fee.

(3) Any nurse or midwife of any visiting force or ship lawfully present in Mauritius shall be exempted from registration for the discharge of his duties relating to the visiting force or ship.

28. Certificate of registration

(1) The Registrar shall issue to every person registered under this Act a certificate of registration in such form as the Council may prescribe.

(2) The Registrar may issue to a registered person a duplicate certificate against payment of such fee as may be approved by the Council where he is satisfied that the certificate of registration has been lost, defaced or otherwise destroyed.

29 . Additional qualifications

Where after registration, a registered person obtains further qualification from a recognised nursing institution, the Council may, on application to the Registrar, include in the register the qualification where it is satisfied that the qualification is an appropriate qualification.

30 . Annual List

(1) The Council shall, not later than 1st March of every year, publish in the Gazette an annual list.

(2) Subject to sections 27(3) and 38, a person shall not practise nursing or midwifery, or profess to be a nurse or a midwife unless his name is on the annual list.

(3) Every registered nurse, midwife, or state enrolled nurse or assistant nurse who wishes to have his name on the annual list shall –

(a) in the case of a newly registered nurse, midwife or assistant nurse on registration;

(b) in any other case, not later than 31 January in every year,

pay to the Council such fee as it may be prescribed.

(4) The Registrar shall on receipt of the fee under subsection (3), enter the name of the registered nurse, midwife, or state enrolled nurse or assistant nurse in the annual list.

(5) A registered nurse, midwife, or state enrolled nurse or assistant nurse who fails to comply with subsection (3)(b) may apply to the Council to have his name added to the annual list.

(6) A registered nurse, midwife, or state enrolled nurse or assistant nurse who makes an application under subsection (5), shall state in writing the reason why he was unable to comply with subsection (3)(b).

(7) Where a registered nurse, midwife, or state enrolled nurse or assistant nurse makes an application under subsection (5), the Council may, upon being satisfied of the reasons received pursuant to subsection (6), cause the name of the applicant to be added to the annual list on payment of such fees as may be prescribed by the Council.

(8) Any person who contravenes subsection (2) shall commit an offence.