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Nursing Act 1969

SAMOA

THE NURSING ACT
No.8 of 1969
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ANALYSIS

Title

PART I

PRELIMINARY AND ADMINISTRATION

1. Short Title
2. Interpretation
3. Registrar of Nurses
4. Board of Nursing constituted
5. Chairman of Board
6. Meetings of Board
7. Functions of Board
8. Remuneration and allowances of Board Members

PART II

REGISTRATION

9. Registers to be kept by Registrar
10. Qualifications of applicants for registration as nurses
11. Qualifications of applicants for registration as midwives
12. Qualifications of applicants for registration as maternity nurses
13. Limitations as to age and character of applicants
14. Applications for registration
15. Certificates of registration and badges
16. Additional diplomas, etc., to be entered in register
17. Person registered to notify change of name or address
18. When name may be removed from register
19. Inspection of registers
20. Penalty for wrongfully procuring registration
21. Correction of register

PART III

EDUCATION

22. Approval of school for nursing education
23. Inclusion of midwivery or maternity education in nursing education
24. Minimum period of nursing education
25. Credit for previous nursing education

PART IV

MISCELLANEOUS

26. Only registered nurses, etc., to be employed
27. Disciplinary powers of Board
28. Appeals from decisions of Board
29. Offences by unregistered persons
30. Certificate of Registrar to be evidence
31. Application of fees
32. Regulations

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An Act to make provision for the registration of, and other matters relating to, nurses and midwives

[3 April 1969

PART I

PRELIMINARY AND ADMINISTRATION

1. Short title – This Act may be cited as the Nursing Act 1969.

As to exemption of nurses from a restriction on charging for treatment, care, etc., see s.31(2) of the Medical Practitioners Act 1975

2. Interpretation - In this Act, unless the context otherwise requires,-

"Board" means the Board of Nursing constituted under this Act:

"Department" means the Department of Health:

"Director" means the Director of Health:

"Maternity nurse" or "registered maternity nurse" means a person registered as a maternity nurse under this Act:

"Midwife" or "registered midwife" means a person registered as a midwife under this Act:

"Minister" means the Minister of Health:

"Nurse" or "registered nurse" means a person registered as a nurse under this Act:

"Prescribed" means prescribed by this Act or by regulations:

"Registrar" means the Registrar of Nurses under this Act:

"Regulations" mean regulations made under this Act:

"Superintendent" means the Superintendent of the Division of Nursing of the Department.

Cf. 1945, No. 7, s. 2 (N.Z.)

3. Registrar of Nurses-The person who for the time being holds office in the Department as the Superintendent shall, without further appointment, be the Registrar of Nurses under this Act.

Cf. 1945, No. 7, s. 3 (N.Z.)

4. Board of Nursing constituted-(1) There is hereby established for the purposes of this Act a Board, to be known as the Board of Nursing.

(2) The Board shall consist of:

(a) The Director; and

(b) The Registrar; and

(c) A medical officer of the Department, to be chosen and appointed by the Minister from a panel of 2 medical officers nomiated by the Western Samoa Medical Association Incorporated; and

(d) Three registered nurses, to be chosen and appointed by the Minister from a panel of 5 registered nurses nominated by the Western Samoa Registered Nurses Association Incorporated; and

(e) One registered midwife, to be chosen and appointed by the Minister from a panel of 2 registered midwives nominated by the Western Samoa Registered Nurses Association Incorporated; and

(f) Two persons chosen and appointed by the Minister.

(3) The members of the Board, other than those who are members by virtue of their office, shall be appointed for a period of 3 years, save that any such member may from time to time be reappointed, or may at any time be removed from office by the Minister for disability, bankruptcy, neglect of duty or misconduct, or may at any time resign his office by writing addressed to the Minister.

(4) If any appointed member of the Board dies, resigns or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.

(5) Unless he sooner vacates his office as provided in subsection (4) of this section, every appointed member of the Board shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

(6) The powers of the Board shall not be affected by any vacancy in the membership thereof.

Cf. 1945, No.7, s.4 (N.Z.)

5. Chairman of Board -(1) The Director shall be the Chairman of the Board.

(2) The Chairman shall preside at all meetings of the Board at which he is present. If at any meeting of the Board the Director is not present such other member of the Board as the members present elect, shall act as the chairman of that meeting, and shall have and may exercise all the powers and functions of the Chairman for the purposes of that meeting.

(3) The Chairman, during the intervals between meetings of the Board, shall have the power to act in all matters on behalf of the Board:

Provided that, when the Chairman acts on behalf of the Board in a matter which by this Act requires a decision of the Board, he shall first consult the Registrar and shall report at the next meeting of the Board the action that has been taken, and the Board may confirm, reverse or modify the decision of the Chairman.

Cf. 1945, No.7, s.5 (N.Z.); 1963, No.56, s.3 (N.Z.)

6. Meetings of Board -(1) Meetings of the Board shall be held at such times and places as the Chairman may from time to time appoint.

(2) At any meeting of the Board 5 members (including at least two female members) shall form a quorum.

(3) Every question before the board shall be determined by a majority of the votes of the members present at the meeting of the Board.

(4) The chairman of each meeting shall have a deliberative vote and in the case of an equality of votes shall also have a casting vote.

(5) If the Director is unable for any reason to be present at any meeting of the Board, another medical officer of the Department appointed by the Director may attend the meeting in his stead.

(6) While any person is attending a meeting of the Board pursuant to an appointment under subsection (5) of this section, he shall be deemed for all purposes to be a member of the Board. The fact that any person so attends shall be sufficient evidence of his authority so to do.

(7) Save as expressly provided in this Act, or in any regulations, the Board may regulate its procedure in such manner as it thinks fit.

Cf. 1945, No.7, s.6 (N.Z.)

7. Functions of Board –The functions of the Board shall be –

(a) To determine courses of nursing education to be undergone by candidates for examination under this Act:

(b) To approve hospitals and other institutions or places as schools for educating nurses in Western Samoa:

(c) To conduct examinations under this Act, to appoint examiners amd make all necessary arrangements for the purposes of the examinations, and to issue certificates of having passed examinations to persons entitled thereto;

(d) To receive and examine applications for registration under this Act and to authorise registration in proper cases:

(e) To regulate and control the practice of nursing in Western Samoa:

(f) To exercise disciplinary control over people registered under this Act as provided in section 27 of this Act:

(g) Generally, within the scope of its authority, to do whatever may in its opinion be necessary for the effective administration of this Act.

Cf. 1945, No.7, s.8 (N.Z.)

8. Remuneration and allowances of Board members –(1) There may be paid, from money appropriated by the Legislative Assembly for that purpose, to each member of the Board who is not a full-time salaried employee of the Government:

(a) Any travelling expenses reasonably incured by him in respect of the performance of his duties as a member of the Board; and

(b) Such sum as cabinet from time to time approves in respect of each day or part of a day which such member spends upon the business of the Board.

(2) Any such approval may be expressed to operate from before the date thereof.

PART II

REGISTRATION

9. Register to be kept by Registrar -(1) The Registrar shall keep in his office the following registers, namely:

(a) A register nurse;

(b) A register of midwives; and

(c) A register of maternity nurses.

(2) There shall be entered in the appropriate register the names and addresses of every person registered under this Act, together with such other particulars as may from time to time be presscribed, or be considered by the Registrar to be useful.

Cf. 1945, No.7, s.9 (N.Z.)

10. Qualifications of applicants for registration as nurses –Except as provided in this Part of this Act, every person shall be entitled to be registered under this Act as a nurse who satisfies the Board –

(a) That he has undergone the prescribed course of nursing education in one or more approved schools for educating nurses in Western Samoa and that he has passed the prescribed examinations for nurses; or

(b) That he is the holder of a certificate which satisfies the Board that he has undergone a course of nursing education and passed examinations elsewhere than in Western Samoa which are equivalent to or better than the nursing education and examinations required in the case of nurses educated and examined in Western Samoa.

Cf. 1945, No.7, s.10 (N.Z.)

11. Qualifications of applicants for registration as midwives-(1) Except as provided in this Part of this Act, every person shall be entitled to be registered under this Act as a midwife who satisfies the Board –

(a) That he has undergone the prescribed course of midwifery education in one or more approved schools for educating midwives in Western Samoa, and has passed the prescribed examinations for midwives; or

(b) That he is the holder of a certificate which satisfies the Board that he has undergone a course of midwifery education and passed examinations elsewhere than in Western Samoa which are equivalent to or better than the midwifery education and examinations required in the case of midwives educated and examined in Western Samoa.

(2) In any case where a maternity nurse is entitled to be registered as a midwife, the Registrar shall remove his name from the register of maternity nurses when he becomes registered as a midwife.

Cf. 1945, No. 7, s. 11 (N.Z.)

12. Qualifications of applicants for registration as maternity nurses- Except as provided in this Part of this Act, every person shall be entitled to be registered under this Act as a maternity nurse who satisfies the Board,-

(a) That he has undergone the prescribed course of maternity nursing education in one or more approved schools

for educating maternity nurses in Western Samoa, and has passed the prescribed examinations for maternity

nurses; or

(b) That he is the holder of a certificate which satisfies the Board that he has undergone a course of maternity nursing education and passed examinations elsewhere than in Western Samoa which are equivalent to or better than the maternity nursing education and examinations required in the case of maternity nurses educated and examined in Western Samoa.

Cf. 1945, No. 7, s. 12 (N.Z.)

13. Limitations as to age and character of applicants- (1) No person who is under the age of 22 years shall be registered as a midwife.

(2) No person who is under the age of 20 years shall be registered as a nurse or as a maternity nurse.

(3) A person shall not be registered under this Act unless in the opinion of the Board that person is of good character and reputation, and is a fit and proper person to be registered in accordance with his application.

Cf. 1957, No. 15, s. 2 (N.Z.); 1965, No. 35, s. 6 (N.Z.)

14. Applications for registration-(1) Except as may be provided by regulations, every application for registration under this Act shall be made in writing addressed to the Registrar. Every application shall be accompanied by such fee as may be prescribed.

(2) No entry of the name of any person shall be made in any register kept under this Act except pursuant to a direction of the Board.

Cf. 1945, No. 7, s. 17 (N.Z.)

15. Certificates of registration and badges-(1) Every person registered under this Act shall, on payment of the prescribed fee, be entitled to receive a certificate of registration under the hand of the Registrar, and, in the case of a person qualified by examination in Western Samoa under this Act, shall also be entitled to obtain and wear a badge of a kind approved by the Board bearing his name and the date of registration.

(2) Every person commits an offence and is liable to a fine not exceeding $4 who, not being a person for the time being registered under this Act, wears any such badge as aforesaid or any colourable imitation thereof, or who, being a person for the time being registered under this Act, wears a badge approved by the Board under this Act of a kind which he is not entitled to wear or any colourable imitation thereof.

Cf. 1945, No. 7, s. 18 (N.Z.)

16. Additional diplomas, etc., to be entered in register-(1) Any person registered under this Act who obtains any approved certificate, diploma or licence other than that by virtue of which he is registered may apply to the Board to amend the register so far as it relates to the qualifications of that person; and on any such application the Board, if satisfied that the applicant is entitled to the certificate, diploma or licence in respect of which the application is made and that it is one of a kind approved by the Board for the purposes of this section, shall direct the Registrar to amend the register accordingly, and the Registrar shall thereupon insert in the register particulars of the certificate, diploma or licence.

(2) It may be a condition of the approval by the Board for the purposes of this section of any certificate, diploma or licence that the course of education or examination therefor shall be such as is approved or required by the Board.

(3) Any approval or requirement for the purposes of this section may be at any time revoked by the Board.

Cf. 1945, No. 7, s. 19 (N.Z.)

17. Person registered to notify change of name or address-(1) Every person registered under this Act who at any time changes his name or address as appearing on the register shall, within 3 months thereafter, send to the Registrar a notice of his new name or address.

(2) Thereupon the Registrar shall correct the register accordingly.

(3) Every person who, without reasonable cause, fails to comply with the provisions of this section shall be liable to a fine not exceeding $1.

Cf. 1945, No. 7, s. 20 (N.Z.); 1963, No. 56, s. 8 (N.Z.)

18. When name may be removed from register-(1) Upon receiving creditable notice of the death of any person registered under this Act, the Registrar shall remove the name of that person from the register.

(2) If any person registered under this Act applies to the Registrar to have his name removed from the register, the Registrar shall, if the Board so directs, remove the name from the register accordingly.

(3) On the coming into effect of any decision of the Board or a Magistrate, under section 27 or section 28 of this Act respectively, to remove the name of a person from the appropriate register or suspend his registration under this Act for a period not exceeding 12 months, the Registrar shall take action in accordance therewith.

Cf. 1945, No. 7, s. 21 (N.Z.); 1960, No. 18, s. 10 (N.Z.)

19. Inspection of registers-Every register kept under this Act shall at all reasonable times be open to the public for inspection at the office of the Registrar at Apia, subject to payment of any prescribed fee.

Cf. 1963, No. 56, s. 7 (N.Z.)

20. Penalty for wrongfully procuring registration-Every person who wilfully makes or causes to be made any false entry in or falsification of any register kept under this Act, or procures or attempts to procure himself or any other person to be registered under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $100.

Cf. 1945, No. 7, s. 22 (N.Z.)

21. Correction of register-(1) If any person has been registered under this Act by reason of any false or fraudulent representation or declaration, made either orally or in writing, or if any person not entitled to be registered under this Act has been so registered, the Board shall cause the name of that person to be removed from the register.

(2) Where it appears to the Registrar that the name of any person is incorrectly stated in, or has been incorrectly removed from, any register kept under this Act, the Registrar may, on his own motion or on application in that behalf and on payment of any prescribed fee, correct the register accordingly.

Cf. 1945, No. 7, ss. 21(4), 23 (N.Z.); 1963, No. 56, s. 8 (N.Z.)

PART III

EDUCATION

22. Approval of school for nursing education-(1) The Board may approve, as a school for educating nurses or midwives or maternity nurses, any hospital or other institution controlled or maintained by the Department.

(2) The approval of any school under this section may, in the discretion of the Board, be so limited that only a defined part of the prescribed course of education may be taken at that school.

(3) The approval of any school by the Board may be at any time revoked by the Board.

Cf. 1945, No. 7, s. 24 (N.Z.)

23. Inclusion of midwifery or maternity education in nursing education-For the purposes of qualification for registration under this Act –

(a) As a nurse; or

(b) Both as a nurse and as a midwife; or

(c) Both as a nurse and as a maternity nurse –

the prescribed course of nursing education may include a course of midwifery or maternity nursing education; and references in this Act to the prescribed course of education shall be construed accordingly:

Provided that in any such case the examinations in midwifery or maternity nursing to be so prescribed shall be equivalent to those prescribed in any separate course of education in midwifery or maternity nursing.

Cf. 1957, No. 15, s. 3 (N.Z.)

24. Minimum period of nursing education-Subject to the provisions of section 25 of this Act, the minimum period of nursing education for a nurse under this Act shall be such period as may be prescribed, being not less than 2 years, and not more than 5 years.

Cf. 1945, No. 7, s. 26 (N.Z.)

25. Credit for previous nursing education-(1) In any case where a person seeking registration as a nurse has undergone elsewhere than in Western Samoa any period of education as a nurse but is not the holder of a certificate of the kind referred to in paragraph (b) of section 10 hereof, the Board may from time to time, in its discretion, direct that it shall not be necessary for that person to undergo and receive such portion or portions as the Board may determine of the prescribed course of education in nursing.

(2) In giving any direction under this section the Board may make such other modifications and impose such conditions as it thinks fit in respect of the education to be undergone by the person in respect of whom the direction is given.

(3) Every person in respect of whom any direction has been given under this section shall, when he has completed the course of education as modified by any such direction and complied with any conditions imposed by the Board under this section, be deemed for the purposes of the provisions of this Act relating to qualifications for registration to have undergone the prescribed course of education in nursing, but nothing in this section shall be deemed to render it necessary for any person to pass the prescribed examinations.

Cf. 1945, No.7, s.27 (N.Z.)

PART IV

MISCELLANEOUS

26. Only registered nurses, etc., to be employed-Except with the approval of the Minister, given on a recommendation made by the Board on special grounds to be specified in the recommendation, the Public Service Commission shall not appoint any person to the staff of any hospital or other institution being controlled or maintained by the Department to carry out the duties of a nurse or of any other class for which registration is provided under this Act unless the person is registered under this Act as a nurse or otherwise, as the case may require:

Provided that nothing in this section shall be construed to restrict the employment in any such hospital or other institution of persons undergoing a prescribed course of nursing education.

Cf. 1945, No. 7, s. 32 (N.Z.)

27. Disciplinary powers of Board-(l) If the Board is satisfied in respect of any person registered under this Act that that person, whether before or after he became registered,-

(a) Has been convicted of any offence punishable by imprisonment the commission of which, in the opinion of the Board, has dishonoured him in the public estimation; or

(b) Has been guilty of negligence or malpractice in respect of his calling; or

(c) Has been guilty of impropriety or misconduct, whether in respect of his calling or not,-

it may, in its discretion, either cause that person's name to be removed from the appropriate register, or suspend his registration under this Act for a period not exceeding 12 months, or impose a fine of such amount as it thinks fit not exceeding $20:

Provided that the Board may not exercise any authority conferred by this subsection in respect of any matter of which it had notice at the time of the registration.

(2) The Board may, if it thinks fit, determine that the decision of the Board under this section in relation to any person shall not come into effect until a notice of appeal is given under section 28 of this Act or if no such notice is given until the period within which such a notice may be given has expired. If within that period such a notice is given, the decision of the Board shall not take effect unless and until it is confirmed by the Magistrate or the appeal is for any reason dismissed by the Magistrate:

Provided that in any such case the decision shall take effect from the date of the decision of the Magistrate or from such other date as the Magistrate may fix.

(3) Before exercising its power under this section the Board, or a Committee of the Board, shall cause to be served on the person concerned a notice stating that it has reason to believe that a ground exists entitling the Board to exercise its powers under this section, specifying the ground with sufficient particularity to enable him to answer the same, and requiring him to appear before the Board to show cause why the Board should not remove his name from the appropriate register or otherwise exercise its powers under this section.

(4) The notice under subsection (3) of this section may require the person to whom the notice is addressed to notify the Board in writing not later than some specified date prior to the date proposed for the hearing of the matter as to whether or not he intends to appear before the Board at the hearing to show cause. If he fails to notify his intention as required by the notice, or notifies the Board that he does not intend to appear, he shall not be entitled to appear and be heard except by leave of the Board granted on such conditions as to the payment of expenses or otherwise as the Board thinks fit.

(5) With the prior written consent of a person on whom a notice has been served under this section, and who has notified the Board that he intends to show cause why the Board should not exercise its powers under this section, a Committee of the Board may hear and determine the matter:

Provided that the determination of the Committee shall be of no effect until it has been confirmed by the Board, which shall have power to determine that no penalty be imposed or to alter any penalty determined by the Committee.

(6) Any hearing of any matter under this section may be adjourned by the Board or the Committee of the Board, as the case may be, from time to time and from place to place.

(7) Every monetary penalty imposed by the Board under this section shall be recoverable as a debt due to the State of Western Samoa and shall be paid into the Public Account to the credit of the Treasury Fund. If any such penalty is not paid within the time specified by the Board in that behalf, or within such extended time as the Board may allow, the Board may suspend the registration of the person liable for the payment of the penalty until the penalty is paid.

(8) Whenever the Board shall exercise any authority under this section in the case of any employee of the Public Service, the Director shall forthwith in writing notify the Public Service Commission of the determination of the Board.

Cf. 1945, No. 7, s. 33 (N.Z.)

28. Appeals from decisions of Board-(1) Every person who is dissatisfied with any decision of the Board relating to an application by him for registration, or to the removal of his name from any register, or to the suspension of his registration, or to the imposition on him of any fine, may, within 3 months after notice of the decision has been communicated to him by the Registrar, give notice of appeal to the Registrar, and to the Registrar,of the Magistrates' Court.

(2) A Magistrate shall hear the appeal as soon as practicable, and may confirm, reverse or modify the decision of the Board, including the giving of any decision which the Board could have given under subsection (1) of section 27 of this Act. The Magistrate's decision shall be final.

(3) On any appeal under this section, the Magistrate may make such order as to costs as he shall think fit.

Cf. 1945, No. 7, s. 34 (N.Z.)

29. Offences by unregistered persons-Every person commits an offence and is liable to a fine not exceeding $4 who wears the uniform or any distinctive part of the uniform prescribed for any class of persons registered under this Act, or uses any name, title, addition or description that might cause any person reasonably to believe that he is registered in any class under this Act, when he is not registered under this Act, or is not registered under this Act for that class.

Cf. 1945, No. 7, s. 36 (N.Z.)

30. Certificate of Registrar to be evidence-A certificate under the hand of the Registrar to the effect that any person was or was not registered under this Act in any specified register at any specified time or during any specified period, or as to any entry in any register kept under this Act, or as to any act or proceeding of the Board or any Committee of the Board, shall, until the contrary is proved, be sufficient evidence of the matters therein certified.

Cf. 1945, No. 7, s. 39 (N.Z.)

31. Application of fees-All fees and other money received under this Act shall be paid into the Public Account to the credit of the Treasury Fund, and all expenses incurred in the administration of this Act shall be paid out of money to be appropriated by Parliament for the purpose.

Cf. 1945, No. 7, s. 40 (N.Z.)

32. Regulations-(1) The Head of State, acting on the advice of Cabinet, may from time to time make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

(2) Without limiting the general power conferred by subsection (1) of this section, regulations may be made for all or any of the following purposes:

(a) Prescribing the form and contents of and the method of keeping the registers under this Act:

(b) Prescribing courses of nursing education to be undergone by persons desirous of become qualified for registration under this Act and minimum periods of such education:

(c) Prescribing the subject-matter of examinations to be conducted by the Board:

(d) Prescribing the forms of applications, certificates, and other documents required under this Act, and the manner in which notices may be served, and the times when they shall be deemed to have been served:

(e) Prescribing the fees payable in respect of education, examination and registration under this Act, in respect of any alteration of or addition to any register kept under this Act, and in respect of any other matters under this Act:

(f) Prescribing the conditions under which any hospital or other institution may be recognised as an approved school of nursing for the purposes of this Act:

(g) Prescribing, or authorising the Board to determine the number of persons who may be undergoing a prescribed course of education at any one time, or accepted for education in any one year, in any approved school of nursing:

(h) Prescribing uniforms or distinctive parts of uniforms and badges to be worn by persons of any class registered under this Act:

(i) Regulating the conduct of appeals under section 28 of this Act:

(j) Prescribing the procedure of the Board:

(k) Prescribing fines, not exceeding $20 for the breach of any regulation.

(3) Without limiting the generality of the foregoing provisions of this section it is hereby declared that such regulations may be made under this section in respect of the practice by nurses, midwives and maternity nurses of their respective professions (whether on their own account or otherwise) as may in the opinion of the Head of State, acting on the advice of Cabinet, be necessary or expedient for all or any of the following purposes:

(a) Safeguarding the health of patients and infants:

(b) Preventing the occurrence or spread of any infection:

(c) Prohibiting or restricting the use by midwives or maternity nurses, except by medical direction or under medical supervision, or except in circumstances to be defined by regulations, of any instruments or drugs in the performance of their duties:

(d) Prescribing methods and procedures to be followed in respect of all or any of the aforesaid matters:

(e) Prescribing precautions to be taken and requirements to be complied with in respect of all or any of the aforesaid matters.

(4) No regulation made under this section shall be deemed to be invalid on the ground that it delegates to or confers on the Board or any other person or body any discretionary authority.

Cf. 1945, No. 7, s. 41 (N.Z.)

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The Nursing Act 1969 is administered in the Department of Health.