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Nursing Act, 2005 (Act No. 33 of 2005)

Chapter 2 : Education, Training, Research, Registration and Practice

44. Removal from and restoration of name to register

 

(1) The Council may instruct the Registrar to remove from the register the name of any practitioner—
(a) who has died;
(b) who has ceased to be a citizen or permanent resident of the Republic and has permanently left the Republic;
(c) who has failed to pay any relevant prescribed fee;
(d) who has failed to notify the Registrar of any change in residential and postal address or the address of his or her practice within six months after any such change;
(e) who has requested that his or her name be removed from the register, in which case he or she may be required to lodge with the Registrar an affidavit or affirmation to the effect that no disciplinary or criminal proceedings are being or are likely to be instituted against him or her;
(f) who has been found guilty of unprofessional conduct and a penalty contemplated in 47(1)(b) or (d) was imposed in terms of this Act;
(g) whose name has been removed from the register, record or roll of any accredited institution or other body from which he or she received the qualification by virtue of which he or she was registered;
(h) who has failed to furnish the Registrar, within a period to be determined by the council, with such information as the Registrar may require under this Act;
(i) whose registration is proved to the satisfaction of the Council to have been made in error or through fraudulent misrepresentation or concealment of material facts or information or in circumstances not authorised by this Act; or
(j) who, after an inquiry in terms of section 51, is found to be mentally impaired.

 

(2) The Registrar must give notice of the removal of a person’s name from the register in terms of paragraph (b) to paragraph (k) of subsection (1) by registered mail addressed to such person at the address of such person as it appears in the register.

 

(3) From the date on which notice was given in terms of subsection (2)—
(a) any registration certificate issued in terms of this Act to the person concerned is considered to have been cancelled; and
(b) a person whose name has been removed from the register must cease to practise as a practitioner and is precluded from performing any act which he or she, in his or her capacity as a registered person, was entitled to perform.

 

(4) The Registrar must restore the name of a person whose name has in terms of this section been removed from the register if the person concerned—
(a) applies on the prescribed form to the Registrar for restoration of his or her name;
(b) pays the prescribed fee, if any;
(c) complies with such other requirements as the Council may determine; and
(d) is otherwise eligible for registration.