Schedule C., The Medical Practitioners, Dentists and Druggists Ordinance

SIERRA LEONE. THE MEDICAL PRACTITIONERS, DENTISTS AND DRUGGISTS ORDINANCE. Certificate of Examination. No. of We, whose names are hereunto subscribed, members of the Board of Sierra Leone. Examiners for druggists in Sierra Leone, hereby certify that ......................................... . of.......................................... has satisfied us as to his fitness, skill and competency in the exercise of the business or calling of a druggist and is qualified to act as ""' a druggist under the Medical Practitioners, Dentists and Druggists Ordinance. Given at Freetown this .......................................... day of... ....................................... l9 .......... .. A.B. (President) C.D. Members of the Board of Examination. Fee for Certificate, lOs. 25. Sec. SCHEDULE D. THE MEDICAL PRACTITIONERS, DENTISTS AND DRUGGISTS ORDINANCE. Druggists' Licence. No. of On the Certificate of the Board of Examiners for druggists in Sierra Sierra Leone. Leone (or of the Director of Medical Services) this licence is hereby granted to .......................................... of.......................................... to dispense and sell drugs and poisons at his shop situate at .......................................... Street in .......................................... subject to the provisions of the Medical Practitioners, Dentists and Druggists Ordinance. This licence expires on the 31st December, 19 ............ . Dated this ..........................................day of. ........................................ .l9 ............ . Fee for licence, £2 2s. DirectfJr of Medical Services. Endorsement of renewal: Fee for renewal, lOs. SCHEDULE E. REGISTER OF LICENCES GRANTED. Board I Licence. Certificate. Name Resi- Fees received for -No. - of dence. Applicant. Date. No. Date. Application. Certificate Licence. -- SCHEDULE F. APPROVED SIMPLE MEDICAL SuBSTANCES. Acid Citric Acid Tartaric Alum Amylum Asafoetida Borax Borax and Honey Boracic Ointment Basilicon Ointment Camphor Camphorated Oil Carbonate of Magnesia Castor Oil Chalk, Camphorated Chalk, Precipitated Chalk, Prepared Cinchona Bark Cochineal Cod Liver Oil Cold Cream Cream of Tartar Epsom Salts Extract of Malt Extract of Malt and Cod Liver Oil Fuller's Earth Glauber's Salts Glycerine Glycerine and Borax Lanoline Linseed Meal Linseed Oil Magnesia Magnesium Carbonate Magnesium Sulphate (Epsom Salts) Menthol Menthol Cones Naphthalene Quinine Resin Rhubarb Senna Seidlitz Powder Sodium Bicarbonate Sodium Carbonate Sodium Sulphate (Glauber's Salts) Soft Soap Stockholm Tar Sulphur Sulphur Ointment Turpentine Vaseline Zinc Ointment. Sec. 24. Sections 19 and 29. Sections 30 and 31. Sec. 28. SCHEDULE G. SALE OF PoiSONS BooK. Name and Quantity of Name and Poison or of Purpose Signature Date. Address of Patent, for which of the Purchaser. Proprietary or it is Purchaser. Homooopathic required. Medicines sold. SCHEDULE H. FEES. On application .. . On certificate .. . On licence On renewal of licence Signature of Person introducing Purchaser (if any). I Signature of Druggist or Seller. £ s. d. 0 5 0 0 10 0 2 2 0 0 10 0 CHAPTER 152. NURSES. ARRANGEMENT OF SECTIONS. SECTION. 1. Short title and commencement. 2. Interpretation. 3. Establishment of Board. 4. Appointment of Registrar, etc. 5. The Register. 6. Persons who are entitled to registration. 7. The Auxiliary Roll. 8. Persons entitled to enrolment. 9. Registration and enrolment. 10. Certificates. 11. Rights not conferred by registration or enrolment. 12. Publication of lists in Gazette. 13. Duties and powers of Board. 14. Surrender of certificates and badges. 15. Supervisory Authorities. 16. Duties of Supervisory Authorities. 17. Notice of intention to practise and of change of address. 18. Enrolled persons may only practise under supervision. 19. Power of Board to clear Register and Auxiliary Roll. 20. Fees, and expenses of administration. 21. Appeals. 22. (1) Penalty for false claim to be a registered nurse. (2) Penalty for false claim to be an enrolled person. (3) Penalty for false claim to be specially qualified. 23. Penalties for unlawful practising. 24. Employment of substitutes by registered nurse. 25. Offences connected with registration and enrolment. 26. Saving. S.L.-VoL. III-26 18 of 1955. 11 of 1957. Short title. Interpretation. CHAPTER 152. NURSES. An Ordinance to Provide for the Registration and Training of Nurses and for the Training and Enrolment of other Persons Engaged in Nursing and to Regulate the Practice of Nurses and Enrolled Persons. [Sections 1, 2, 3, 4, 5, 6, 7, 8, 13, 15, 16, 20, 25, 26-lst November, 1956. Remainder-14th May, 1959.] 1. This Ordinance rna y be cited as the Nurses Ordinance and shall come into operation on such day as the Governor may by Order appoint: Provided that the Governor may, if he considers it necessary or expedient, either by one Order or different Orders, appoint different days for the coming into operation of different provisions hereof. 2.. (1) In this Ordinance, unless the context otherwise reqmres- " Auxiliary Roll" means the Auxiliary Roll of Nursing Assistants and Attendants kept by the Registrar in terms of section 4; "Board" means the Nurses' Board established under section 3; " Director " means the Director of Medical Services; "enrolled" with its grammatical variations and cognate expressions means enrolled in the Auxiliary Roll under the provisions of this Ordinance ; " nurse " means a person, either male or female, who holds any of the qualifications specified in section 6; " nursing " includes both surgical and medical nursing and the nursing of persons suffering from mental or infectious diseases and of sick children, but does not include attendance on a woman for the purpose of delivering her of a child, or nursing on an ocean-going ship or aircraft in transit through Sierra Leone; " Register " means the Nurses' Register kept by the Registrar in terms of section 4; "registered" with its grammatical variations and cognate expressions, except in the expression " registered medical practitioner ", means registered in the Register under the provisions of this Ordinance; "Registrar" means the Registrar of Nurses appointed under section 4 ; " Supervisory Authority " means a Supervisory Authority appointed by the Board under the provisions of section 15. (2) Every person shall be deemed to practise nursing within the meaning of this Ordinance who for the sake of gain holds himself or herself out, whether directly or by implication, as practising, or being prepared to practise, nursing. 3. (1) For the purposes of this Ordinance there shall be Establish. established a Nurses' Board consisting of the following persons- ¥;~~;d~f (a) the Director of Medical Services; (b) one registered medical practitioner to be appointed by the Minister of Health; (c) one registered medical practitioner to be appointed by n of 1957. the professional association which in the opinion of the Minister of Health represents the majority of medical practitioners registered as such in Sierra Leone; (d) one Senior Nursing Sister or Sister Tutor to be appointed by the Minister of Health; (e) one person to be appointed by the Minister of Education; {f) one registered nurse to be appointed by the Medical Workers' Association; (g) two other persons registered in the United Kingdom as State Registered Nurses or holding qualifications recognised by the General Nursing Council for England and Wales as entitling them to registration in the United Kingdom as such nurses, to be appointed by the Minister of Health. {2) The period of appointment of the persons referred to in paragraphs (c), (d), (e), {f) and (g) of sub-section (1) shall be three years, but such persons shall be eligible for re-appointment: Provided that on the inability to act or absence from Sierra Leone of any such person, the Minister who appointed such person, or in the case of a person appointed in accordance with ~aragraph {f) of sub-section {1) the Medical Workers AssociatiOn, may appoint temporarily or otherwise, to fill the vacancy ?au.sed thereby, any person qualified in the manner respectively Indicated by such paragraphs. . S.L.-VoL. III-26* Appointment of Registrar, etc. The Register. (3) The Director shall be the President of the Board and shall be the Chairman of all meetings which he attends. In his absence from any meeting the members present at that meeting shall elect a Chairman out of their number for that meeting. (4) The Board shall meet at such places and times as the President thereof may appoint and at any meeting four members shall form a quorum. (5) The Board, subject to the provisions of this Ordinance and any rules made under section 13, shall have power to regulate its own procedure. (6) Every question which comes before the Board at any meeting shall be decided by a majority of the votes of the members present. (7) In the case of an equality of votes on any question at any such meeting the Chairman shall have a casting vote as well as an original vote in respect of such question. 4. (1) For the purposes of this Ordinance there shall be- (a) a Registrar of Nurses; (b) a Nurses' Register; and (c) an Auxiliary Roll of Nursing Assistants and Attendants. (2) The Registrar, who shall be the Deputy Director of Medical Services, shall keep the Register and the Auxiliary Roll, making from time to time all necessary alterations and corrections therein, and shall perform such other duties in connection with the Register and Auxiliary Roll as may be prescribed by rules made under section 13. 5. (1) The Register shall consist of the following parts- (a) a general part containing the names of all female nurses registered by reason of the provisions of paragraphs (a), (b), (c) or (d) of section 6; (b) a general part containing the names of all male nurses registered by reason of the provisions of paragraphs (a), (b), . (c) or (d) of section 6; (c) a supplementary part containing the names of nurses trained in Health Visiting; (d) a supplementary part containing the names of nurses trained in Nurse Tutoring; (e) any other part prescribed by rules made under section 13. Where any person is entitled to have his or her name entered in any supplementary or prescribed part of the Register, such name may be included in that part of the Register notwithstanding that it is also included in one of the general parts thereof. (2) Every entry into the Register shall indicate the qualifications by virtue of which registration was made. 6. Subject to the provisions of this Ordinance, the following persons shall be entitled to be registered- (a) any person registered as, or possessing the qualifications entitling him or her to registration as, a State Registered Nurse in the United Kingdom; (b) any person holding a valid certificate of competency in nursing, issued by the Board in pursuance of rules made under section 13; (c) any person holding a valid certificate of competency in nursing issued by the Director prior to the commencement of this Ordinance; (d) any person who has habitually practised nursing over a period immediately preceding the commencement of this Ordinance of not less than five years and who furnishes to the satisfaction of the Board evidence of good character and competency in such practice and applies for registration within six months of the date of such commencement; (e) any person registered as, or possessing the qualifications entitling him or her to registration as, a Health Visitor in the United Kingdom; (j) any person holding a valid certificate of competency in health visiting, issued by the Board in pursuance of rules made under section 13 ; (g) any person registered as, or possessing the qualifications entitling him or her to registration as, a Nurse Tutor in the United Kingdom. 7. The Auxiliary Roll shall consist of the following parts- (a) a general part containing the names of both male and female persons trained in general assistant nursing; (b) a supplementary part containing the names of both male and female persons trained as mental hospital attendants; (c) a supplementary part containing the names of both male and female persons trained as infectious disease attendants. Persons who are entitled to registration. The Auxiliary Roll. Persons entitled to enrolment. Registration enrolment. 8. Subject to the provisions of this Ordinance, the following persons shall be entitled to be enrolled- (a) any person holding a valid certificate of competency in general assistant nursing, issued by the Board in pursuance of rules made under section 13; (b) any person holding a valid certificate of competency as a mental hospital attendant, issued by the Board in pursuance of rules made under section 13 ; (c) any person holding a valid certificate of competency as an infectious disease attendant, issued by the Board in pursuance of rules made under section 13. 9. (1) Any person entitled to be registered or enrolled may apply to the Registrar for registration or enrolment, as the case may be. Every such application shall be made in such manner and shall be accompanied by such documents, photographs and particulars as may be prescribed. Proof of identity shall be furnished in each case to the satisfaction of the Registrar. (2) Upon compliance with the provisions of sub-section (1), and with any rules relating thereto, and on payment of the prescribed fee, the name of such person shall, subject to the provisions of sub-section (3), be entered in the Register or Auxiliary Roll, as the case may be, by the Registrar upon direction by the Board. (3) If any person has been or is convicted of any offence which in the opinion of the Board renders such person unfit to be registered or enrolled, the Board may direct the Registrar to refuse to register or enrol such person, or, if such person is already registered or enrolled, to remove the name of such person from the Register or the Auxiliary Roll, as the case may be. 10. Certificates. (1) Where a person has been registered, the Board shall Rights not conferred by registration or enrolment Cap. 151. Cap. 153. issue a certificate of registration, and a photograph of such person shall be affixed to the certificate. (2) Where a person has been enrolled, the Board shall issue a certificate of enrolment, and a photograph of such person shall be affixed to the certificate. 11. Neither registration nor enrolment shall confer upon any person any right to be registered or licensed under the Medical Practitioners, Dentists and Druggists Ordinance, the Midwives Ordinance, or any Ordinance which may be enacted to provide for the control of persons engaged in the sale of medicines and poisons, or to assume any name, title or description implying authority in law to practise under any of these Ordinances. 12. (1) The Registrar shall publish annually in the Gazette, as soon as practicable after the first day of January of each year, a list of all persons registered and a list of all persons enrolled. (2) The publication of such lists shall be prima facie evidence that the persons named therein are registered or enrolled, as the case rna y be. (3) The absence of the name of any person from such a list shall be prima facie evidence that such person is not registered or enrolled, as the case may be. {4) A certificate under the hand of the Registrar that the name of a person appearing in such a list has been removed from the Register or Auxiliary Roll, as the case may be, shall be conclusive evidence of the fact that such person is not registered or enrolled and of the date upon which that person ceased to be registered or enrolled, as the case may be. (5) A certificate under the hand of the Registrar that a person is not registered or that a person is not enrolled shall be conclusive evidence of the fact that such person is not registered or enrolled, as the case may be. (6) The removal of the name of a person from and the addition of the name of a person to the Register or the Auxiliary Roll shall be notified in the Gazette as soon as practicable. Publication of lists in Gazette. 13. The duties and powers of the Board shall be to make any Duties and l .e powers of ru e or do any act or per.torm any duty which is reasonably Board. necessary for the carrying out of the provisions and purposes of this Ordinance, and, without prejudice to the generality of the powers hereby conferred, the Board may- (a) make rules prescribing all or any of the following matters- (i) the proceedings of the Board; (ii) the functions of a Supervisory Authority appointed under the provisions of section 15; (iii) the duties of the Registrar; (iv) the form of the Register and of the Auxiliary Roll and the mode in which they shall be kept; 1600 Cap. 152] Nurses (v) the manner in which applications for registration and enrolment may be made; (vi) the fees to be paid in respect of proceedings under, and certificates issued under, this Ordinance or any rule made under this section; (vii) the procedure to be adopted at inquiries before the Board; (viii) the issue and form of any certificates, notices and other documents required for carrying out the purposes of this Ordinance; (ix) the preliminary standard of education, the course of training and the conduct of examination of candidates for registration and enrolment; (x) the conditions of registration and of enrolment; (xi) the practice of nursing both by registered nurses and by enrolled persons; (xii) the issue by the Board of badges, and the wearing of such badges; (xiii) the conditions under which registered nurses or enrolled persons may be suspended from practice; (xiv) the particulars to be furnished in any notice given under the provisions of section 17 ; rules made under this paragraph shall be signed by the President and not less than two other members of the Board, and shall be subject to the approval of the Governor in Council; (b) appoint examiners and pay them such remuneration as may be approved by the Director; (c) decide upon the places where, and the times when, examinations shall be held; (d) caution, censure, suspend, or remove from the Register or Auxiliary Roll, as the case may be, the name of any registered nurse or enrolled person for malpractice, incompetence, negligence, misconduct or habitual drunkenness, or for failing to carry out any duty imposed by any law from time to time in force, or on conviction of a criminal offence, and may also order the restoration to the Register or to the Auxiliary Roll, as the case may be, of the name of any person so suspended or whose name has been so removed, and for any such purpose may hold an inquiry if the Board so thinks fit; (e) issue, suspend and cancel certificates. Nurses [Cap. 152 160K~:r1~--------------------------------'.,' ,' >' / ~t..::.:~" 14. Any person whose name has been ordered to be removed from the Register or Auxiliary Roll shall within fourteen days of such order surrender any certificate and any badge issued to him or her by the Board, and on failure so to do shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding five pounds. 15. The Board may appoint any person or body of persons to be a Supervisory Authority over any registered nurse or class of registered nurses or over any enrolled person or class of enrolled persons or over any person undergoing training under supervision in nursing, and may cancel any such appointment. 16. (1) It shall be the duty of every Supervisory Authority in respect of any registered nurse or class of registered nurses, or of any enrolled person or class of enrolled persons, or of any person undergoing training under supervision in nursing, placed under its authority- (a) to exercise general supervision in accordance with any rules made under section 13; (b) to investigate any charge made against a registered nurse or enrolled person or person undergoing training under supervision in nursing of malpractice, incompetence, negligence, misconduct or habitual drunkenness, and, if a prima facie case be established, to make a report to the Board; (c) to suspend from practice or duty, as the case may be, any registered nurse or enrolled person or person undergoing training under supervision in nursing in accordance with any rules made under section 13, if such suspension appears necessary in order to prevent the spread of infection; (d) to report forthwith to the Board the name of any registered nurse or enrolled person or person undergoing training under supervision in nursing, convicted of a criminal offence. (2) Vi1 ith the approval of the Board, any Supervisory Authority may delegate in writing, with or without restrictions or conditions, any duty imposed upon it by sub-section (1) to any person or body Qf persons in any particular place or area. 17. (1) Every registered nurse shall before commencing practice, give written notice to the Board of his or her intention so to do. (2) If any registered nurse who has been engaged in practice in any place transfers to another place for the purpose of Surrender of certificates and badges. Supervisory Authorities. Duties of Supervisory Authorities. Notice of intention to practise and of change of address. . - ..... ~ Enrolled persons may only practise under supervision. Power of Board to clear Register and Auxiliary Roll. practice there, he or she shall within seven days of such transfer give notice thereof to the Board. (3) Every such notice shall contain such particulars as are required by any rule made under section 13. (4) Every registered nurse who fails to comply with any of the provisions of this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding :five pounds. (5) The provisions of this section shall not apply to any person in the service of the Medical Department of the Government of Sierra Leone or of any statutory Local Authority or Health Authority. 18. {1) No enrolled person may practise nursing otherwise than in the employment of, and under the supervision of a Supervisory Authority. (2) Any Supervisory Authority who engages an enrolled person to practise nursing shall within seven days give written notice to the Board of such engagement. (3) If any enrolled person ceases to be employed and supervised by a Supervisory Authority, the Supervisory Authority shall give notice to the Board within seven days that such enrolled person has ceased to be so employed or supervised by that Authority. (4) Every notice required by this section shall contain such particulars as are required by any rules made under section 13. 19. The Registrar may, upon the direction of the Board from time to time by registered letter addressed to any registered nurse or enrolled person whose name appears in the Register or the Auxiliary Roll at the address as appearing therein, enquire whether such person has ceased practice or changed residence; and if within a period of six months from the sending of the letter no answer is received thereto, the Board may direct the Registrar to remove the name of such nurse or person from the Register or Auxiliary Roll, as the case may be, and cancel any certificate issued under the provisions of this Ordinance to him or her, but without prejudice to the power of the Board subsequently to direct the restoration of the name to the Register or Auxiliary Roll, as the case may be, and to reissue the certificate if it appears to the Board to be proper so to do, 20. {1) All fees paid under the provisions of any rule made under section 13 shall be paid into, and form part of, the general revenue of Sierra Leone. (2) No member of the Board nor any person employed by or acting on behalf of the Board shall do any act of any kind in respect of any matter with regard to which a fee is payable under the provisions of any rule made under section 13, until such fee is paid: Provided that no fee for any matter provided for by this Ordinance or by any rule made under section 13 shall be payable by any person in the service of the Medical Department of the Government of Sierra Leone. (3) The expenses connected with or related to the carrying out of the provisions and purposes of this Ordinance shall be paid out of the general revenue of Sierra Leone. 21. Any person aggrieved by a decision of the Board removing his or her name from the Register or Auxiliary Roll or refusing to enter his or her name in the Register or Auxiliary Roll, as the case may be, may, within one month of the date of notification to him or her by the Registrar of such decision, but not otherwise, appeal, in accordance with rules made by the Chief Justice, to the Supreme Court, upon which the necessary jurisdiction is hereby exclusively conferred. The decision of the Supreme Court shall be final. 22. (1) Any person who, not being a registered nurse, takes or uses the title of registered nurse or any name, title, description or badge implying that he or she is registered or is recognised by law as a registered nurse shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding fifty pounds or to imprisonment with or without hard labour, for a period not exceeding six months, or to both such fine and imprisonment. (2) Any person who, not being an enrolled person, takes any name, title, description, or badge implying that he or she is enrolled or is recognised by law as an enrolled person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment with or without hard labour, for a period not exceeding six months, or to both such fine and imprisonment. {3) Any person not being a registered medical practitioner, nor a registered nurse, nor an enrolled person acting under the supervision of a Supervisory Authority, nor a person undergoing Fees. and expenses of administration. Appeals. false claim to be a registered nurse. false claim to be an enrolled person. false claim to be specially qualified. Penalties for unlawful practising. Employment of substitutes by registered nurses. training under supervision in nursing in accordance with rules made under section 13, who does any act implying that he or she is a person specially qualified to practise nursing shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a period not exceeding six months, or to both such fine and imprisonment. 23. (I) Any person who, being a person whose name is included in any part of the Register or Auxiliary Roll, at any time- (a) takes or uses any name, title, addition, description, uniform or badge, or otherwise does any act of any kind implying that his or her name is included in some other part of the Register or Auxiliary Roll, as the case may be, when, in fact, his or her name is not included in such other part; or (b) practises any type of nursing other than a type of nursing in respect of which he or she is registered or enrolled or for which he or she is undergoing training under supervision in accordance with rules made under section 13 ; shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a period not exceeding six months, or to both such fine and imprisonment. (2} Any person other than- (a) a registered medical practitioner; (b) a registered nurse; (c) an enrolled person acting under the supervision of a Supervisory Authority; or (d) a person undergoing training under supervision in nursing in accordance with rules made under section 13; who practises nursing within Sierra Leone, shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a period not exceeding six months, or to both such fine and imprisonment. 24. Any registered nurse who employs an unregistered person as his or her substitute shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a period not exceeding six months, or to both such fine and imprisonment. 25. Any person who- (a) procures or attempts to procure registration or enrolment, or a certificate, by making, producing or causing to be made or produced any false or fraudulent declaration in writing or otherwise, or who aids and abets any other person therein; or (b) wilfully makes or causes to be made any false entry in the Register or Auxiliary Roll; shall be guilty of an offence and shall be liable, on summary conviction, to imprisonment with or without hard labour for a period not exceeding twelve months or to a fine not exceeding fifty pounds or to both such imprisonment and fine. 26. The provisions, restrictions and prohibitions in this Ordinance contained shall not apply to nursing performed in the execution of duty by any person serving in or employed by the naval, military or air forces of the Crown. Offences connected with registration enrolment. Saving.