NURSING AND MIDWIFERY (REGISTRATION, ETC.) ACT

(1) There is hereby established a body to be known as the Nursing and Midwifery Council of Nigeria (in this Act referred to as "the Council") which shall be a body corporate with perpetual succession and a common seal and may sue and be sued by the name aforesaid.
(2) The Council shall be charged with the general duty of-
(a) determining what standards of knowledge and skill are to be attained by persons seeking to become members of the profession of nursing and midwifery (in this Act referred to as "the profession") and reviewing those standards from time to time as circumstances may require;
(b) securing in accordance with the provisions of this Act the establishment and maintenance of a register of persons entitled to practise the profession and the publication from time to time of the lists of those persons;
(c) regulating and controlling the practice of the profession in all its ramifications;
(d) maintaining, in accordance with this Act, of discipline within the profession; and
(e) performing the other functions conferred upon the Council by this Act.
(3) Subject to subsection (4) of this section and to any direction of the Minister under this Act, the Council shall have power to do anything which in its opinion is calculated to facilitate the carrying on of its activities.
(4)
The Council shall not have power to borrow money or to dispose of any property except with the prior consent of the Minister and shall not have power to pay remunerations (including pensions), allowances or other expenses to any member or employee of the Council or to any other person except in accordance with scales approved after consultation with the Federal Civil Service Commission.

(1) The Council shall consist of—
(a) a Chairman who shall be a registered nurse or midwife;
(b) the Director responsible for nursing and midwifery services in the Federal Ministry of Health;
(c) six Directors responsible for nursing and midwifery services of States Ministry of Health, representing the six geopolitical zones, on rotational basis;
(d) two heads of faculties or departments of nursing, representing Nigerian universities offering degree in nursing and midwifery, on rotational basis;
(e) two heads of nursing and midwifery, representing the federal university teaching hospitals or medical centres on rotational basis;
(f) two persons who shall be one nurse educator and one midwife educator in accredited colleges or schools of nursing and midwifery institutions, on rotational basis;
(g) one nurse educator representing nursing specialty programmes, on rotational basis;
(h) two persons representing National Association of Nigeria Nurses and Midwives (NANNM) who shall be the President and the General Secretary;
(i) two persons representing public interest;
(j) one nurse representing the armed forces or paramilitary on rotational basis;
(k) one registered medical practitioner who shall be a qualified gynaecologist and obstetrician;
(l) one person to represent Federal Ministry of Education, not below the rank of a Director; and
(m) the Registrar of the Council who shall be the Secretary to the Council.
(2) The Chairman shall be appointed by the Minister, and shall hold office for a term of three years renewable, subject to satisfactory performance, for further term of three years and no more.
(3)
Members of the Council mentioned under subsection (1) (c), (d), (e), (f), (g), and (i) shall be appointed by the Minister and shall hold office for a term of three years.
(4) The members of the Council shall be paid such remunerations and allowances in accordance with the existing relevant Federal Government policies.
(5) A member of the Council may resign the appointment by notice in writing addressed to the Minister.
(6) A member of the Council, may cease membership if the member
(a) dies or becomes of unsound mind;
(b) becomes bankrupt;
(c) is convicted of a felony or of any offence involving dishonesty;
(d) is guilty of serious misconduct in relation to the office;
(e) when recalled by the recommending authority, or when he is no longer staff of the institution he is representing;
(f) resigns his membership; or
(g) absents himself for two consecutive ordinary sessions of the Council without a leave of the Council.
(7) A member of the Council may be removed, at any time, from office by the Minister, if the Minister is satisfied that it is not in the interest of the Council or the public that the member should continue to hold that office.

(1) The Council shall establish and maintain a fund from which there shall be defrayed all expenditure incurred by the Council.
(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section-
(a) such monies as the Minister may, out of moneys provided by the Federal Government, pay to the Council by way of grant or by way of loan or otherwise howsoever; and
(b) such sums as may, from time to time, be appropriated by the National Assembly”; and
(c) all funds accruing to the Council by way of gifts, grants in aids, testamentary dispositions and sales of publications;
(d) all subscriptions, fees and charges for services rendered by the Council; and
(e) all other sums that may accrue to the Council from any legitimate source”.
(3) The Council shall prepare and submit to the Minister not later than 31 October of the year in which this Act comes into force (so however that for that year the Minister may, if he considers it necessary, extend the period) and in each subsequent year an estimate of its expenditure and income during the next succeeding financial year.
(4) The Council shall keep proper accounts in respect of each financial year and proper records in relation to those accounts, and shall cause the accounts to be audited as soon as may be after the end of each financial year to which the accounts relate by a firm of auditors appointed, as respects that year, from the list and in accordance with guidelines supplied by the Auditor-General for the Federation.
(5) The Council shall prepare and submit to the Minister not later than twelve months after its establishment and once in each year thereafter a report on the activities of the Council during the last preceding financial year and shall include in the report a copy of the audited accounts of the Council for that year and of the auditors' report on the accounts.

The Minister may give to the Council directions of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to comply with the directions.

(1)
There shall be a Registrar of the Council to be appointed by the Council on such terms and conditions of service as may be stipulated in his letter of appointment or on such terms or conditions of service as may be determined from time to time by the Council.
[1988 No.2.]
(2) The Registrar shall be the chief executive of the Council and shall be responsible for the day-to-day running of the affairs of the Council.
(3) The Registrar shall keep the records and conduct the correspondence of the Council and perform such other functions as the Council may from time to time direct.
(4) The Council may appoint such other persons to be employees of the Council as the Council may determine.
(5) The Council shall have the power to advance, confirm, promote, transfer, discipline and terminate appointments of employees of the Council.
(6) The Registrar shall hold office for a term of four years and shall be eligible for re-appointment for one further term of four years and he shall no longer be eligible for reappointment.
(7) The Council shall have power to appoint other staff of the Council in accordance with Federal government policy”.

(1) The person appointed as Secretary-General under section 5 of this Act shall also be the registrar of the Council.
(2) It shall be the duty of the registrar to prepare and maintain. in accordance with rules made by the Council under this section, a register of the names, addresses and approved qualifications, and of such other particulars as may be specified, of all persons who are entitled in accordance with the provisions of this Act to be registered as nurses or midwives and who apply in the specified manner to be so registered.
(3) Subject to the following provisions of this section, the Council shall make rules with respect to the form and the keeping of the register and the making of entries therein, and in particular-
(a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications;
(b) providing for the notification to the registrar, by the person to whom any registered particulars relate, of any change in those particulars;
(c) authorising a registered person to have any nursing or midwifery qualification registered in relation to his name in addition to or, as he may elect, in substitution for any other qualification so registered;
(d) specifying the fees to be paid to the Council in respect of the entry of names on the register and authorising the registrar to refuse to enter a name on the register until any fee specified for the entry has been paid; and
(e) specifying anything falling to be specified under the foregoing provisions of this section:
Provided that rules made for the purposes of paragraph (d) of this subsection shall not come into force until they are confirmed by the Minister and published in the Federal Gazette.
(5) It shall be the duty of the registrar-
(a) to correct, in accordance with the Council's directions, any entry in the register which the Council directs him to correct as being in the Council's opinion an entry which was incorrectly made;
(b) to make from time to time any necessary alterations to the registered particulars of registered persons; and
(c) to remove from the register the name of any registered person who has died, or as the case may be, has ceased to be entitled to be registered.
(6) If the Registrar —
(a) sends by post or by officially recognised electronic communication, to any registered person a registered letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of one month from the date of posting it, and
(b) upon the expiration of that period sends in like manner to the person in question a second and similar letter and receives no reply to that letter within one month from the date of posting it,
the registrar may remove the particulars relating to the person in question from the relevant part of the register, but the Council may for any reason which seems to it to be sufficient, direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection.”

(1) The registrar shall-
(a) cause a list of persons whose names and qualifications are contained in the register to be printed, published and put on sale to members of the public not later than six months from the beginning of the year in which this subsection comes into force;
(b) in each year after that in which a register is first published under paragraph (a) of this subsection, cause to be printed, published and put on sale as aforesaid either a corrected edition of the register or a list of corrections made to the register since it was last printed; and
(c) cause a print of each edition of the register and of each list of corrections to be deposited at all offices of the Council,
and the Council shall cause the registrar to keep the register and lists so deposited to remain open at all reasonable times for inspection by members of the public.
(2)
A document purporting to be a print of an edition of a register published under this section by authority of the registrar in the current year, or documents purporting to be prints of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year shall, without prejudice to any other mode of proof, be admissible in any proceedings as evidence that any person specified in the document or the documents read together as being fully or provisionally registered is so registered and that any person not so specified is not so registered.

(1) Subject to any restriction upon registration otherwise imposed by this Act, the holder of-
(a)
any qualification of a general nature specified in Part A of the Second Schedule to this Act;
[Second Schedule.]
(b) any qualification of a specialised nature specified in Part B of the Second Schedule to this Act, shall be entitled to registration as a nurse in the appropriate part of the general register maintained pursuant to section 6 (2) of this Act.
(2) A registered nurse may apply for registration as a nurse tutor upon the ground that he has undergone requisite practical training in an institution where student nurses are trained and has completed a course for nurse tutors in an institution or university recognised for that purpose by the Council; and if the Council is satisfied as to his qualifications, the Council may direct registration accordingly.
(3) In the application of this section, a certificate or other document produced as evidence shall be deemed to be a valid certificate or document unless the contrary is proved.

(1) An applicant for registration shall, unless otherwise precluded by this Act, be entitled to registration as a midwife if she satisfies the Council that she is of good character, and-
(a)
is the holder of a certificate under Part B of the Second Schedule to this Act; or
[Second Schedule.]
(b) is exempted from examination as the holder of a qualification granted outside Nigeria and for the time being accepted by the Council:
Provided that if the Council so requires, the applicant shall satisfy the Council that she has had sufficient practical experience as a midwife.
(2) Any person aggrieved by a decision of the Council under this section may appeal to the High Court most convenient in terms of access to her, within one month after notice is given to her of the decision of the Council.

The Council shall issue regulation for nurses and midwives trained outside Nigeria to provide for —(a) procedure for the recognition and confirmation of the result;
(b) further training of the nurses and midwives for a specified period of time; and
(c) examination of the nurses and midwives for the purpose of registration by the Council”.

A Nurse or Midwife shall not be allowed to practice or to continue in practice in any year except if the Nurse or Midwife has paid the annual fee for that year as prescribed by the Council.

(1) In the performance of its duties under this Act, the Council shall from time to time, seek to improve methods employed in the basic and post-basic education of nurses and midwives, and for that purpose the Council may co-operate with recognised bodies interested in the preparation of experimental schemes for the basic and post-basic education of nurses and midwives.
(2) Where the Council is of the opinion that a trial should, in the public interest, be made on a scheme of training and examinations to be undergone and passed by persons as a condition prior to registration under this Act (being training and examinations which differ from prescribed training and examinations but appear to the Council to be no less efficient), the Council may adopt the scheme for such period and in relation to such institutions as may be specified in the resolution; but any such resolution shall be subject to confirmation by the Minister.
(3) A scheme of training and examinations adopted by the Council under subsection (2) of this section shall provide that, for the period of its adoption, persons who, in an institution specified in the adopting resolution undergo the training specified therein to the satisfaction of the Council and thereafter pass the prescribed examinations shall, on due compliance with all other requirements of this Act, be entitled to registration according to the requirement of the case, anything to the contrary in this Act notwithstanding.
(4) A scheme of training and examinations under this section may contain such incidental and supplementary provisions (including provision for charging fees in respect of the undergoing of training and examination specified in the scheme) as the Council may consider necessary.
(5) Any scheme of training and examinations adopted under this section may in like manner as is provided for its adoption, be extended for such period as the Council may think fit.

(1) For the purposes of this Act, there shall be constituted by the Council, a State Nursing and Midwifery Committee in each State of the Federation, which shall operate under the general direction and control of the Council.
(2) Nothing in this section shall be construed so as to authorise the appointment to a State Nursing and Midwifery Committee of any person not registered under this Act, without the approval of the Council.

(1) The Council may on the recommendation of the State Nursing and Midwifery Committee approve hospitals and other similar institutions in Nigeria which are owned by government or private organisations or both as nursing and midwifery educational institutions as training schools for nurses and midwives.
(2) Where a State Nursing and Midwifery Committee recommends approval pursuant to subsection (1) of this section, the approval by the Council shall, unless the Council otherwise directs, be conditional upon the attainment by the hospital or other similar institution of the standards prescribed by the Council for training under this Act.
(3) Recommendations under this section shall be submitted to the Council Committee and the Council shall communicate its decision to the affected party within 90 days from the date it received the report.

(1) It shall be the duty of the Council to keep itself informed of the nature of the instruction given to at approved institutions to, and examinations taken by, persons attending approved courses of training and for the purposes of performing that duty the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations.
(2) It shall be the duty of a visitor appointed under subsection (1) of this section to report to the Council on-
(a) the sufficiency of the instruction given to persons attending approved courses of training at institutions visited by him;
(b) the sufficiency of any examinations attended by him; and
(c)
any other matters relating to the institutions on which the Council may, either generally or in a particular case, request him to report, but no visitor shall interfere with the giving of any instruction or the holding of any examination.
(3) On receiving a report made in pursuance of this section, the Council shall as soon as may be send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examination to which the report relates, requesting that person to make observations on the report to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.

(1) The Chief Nursing Officer of the State concerned shall be the supervisory authority over nurses and midwives within the State concerned and it shall be the duty of a supervisory authority-
(a) to work in co-operation with the State Nursing and Midwifery Committee (which is hereby required to keep its supervisory authority informed of its activities under this Act) and generally to exercise supervision as directed by the Council;
(b) if any particular case so requires, to investigate charges of malpractice, negligence, misconduct or contravention of instructions given by the Council to the State Nursing or Midwifery Committee;
(c) to report any matter to the Council and in any particular case, to recommend to the Council that the matter so reported be dealt with by the tribunal under this Act;
(d) to inform the Council as soon as possible of the name of any nurse or midwife convicted of an offence.
(2) A supervisory authority shall not delegate any of the aforesaid duties to any person without the prior authority in writing of the Council.

(1) There is established the Nurses and Midwives Investigation Panel (in this Bill referred to as "the Panel"), which shall be charged with the duty of—
(a) conducting a preliminary investigation into any case where it is alleged that a registered person has committed misconduct in his capacity as a nurse or midwife, or should for any other reason be the subject of proceedings before the Tribunal;
(b) compelling any person by subpoena to give evidence before it;
(c) deciding, if satisfied that to do so is necessary for the protection of members of the public, to make an order for interim suspension from the profession in respect of the person whose case they have decided to refer for inquiry, and for the case to be given accelerated hearing by the Tribunal within three months; or
(d) deciding, if satisfied that to do so is necessary for the protection of members of the public or is in his interest, to make an order for interim conditional registration in respect of that person, and, an order that his registration shall be conditional on his compliance, during such period not exceeding three months or as the Panel may deem fit to impose for the protection of members of the public, or in his interest.
(2) The Panel shall be appointed by the Council and shall consist of seven members, at least four of whom shall be members of the profession.

(1) There is established the Nurses and Midwives Tribunal (in this Act referred to as “the Tribunal”).
(2) The Tribunal shall be charged with the duty of considering and determining any case referred to it by the Panel established under section 16A of this Act, and any other case of which the Tribunal has cognizance under the provisions of this Act.
(3) The Tribunal shall consist of—
(a) the Chairman of the Council who shall be Chairman; and
(b) seven other members to be appointed by the Council.
(4) The provisions of the Third Schedule to this Act shall have effect with respect to the Tribunal.

(1) Where-
(a) a person registered under this Act is convicted by any court in Nigeria or elsewhere having power to award imprisonment for an offence which in the opinion of the Tribunal is incompatible with the status of a nurse or midwife; or
(b) a registered person is judged by the Tribunal to be guilty of infamous conduct in a professional respect; or
(c) the Tribunal is satisfied that the name of any person has been fraudulently registered,
the Tribunal may, if it thinks fit, give a direction-
(i) reprimanding that person; or
(ii) ordering the registrar to strike his name off the relevant part of the register;
or
(iii) suspending him from practice by ordering him not to engage in practice as a nurse or midwife for such period not exceeding six months as may be specified in the direction,
and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require.
(2) The Tribunal may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Tribunal; but-
(a) no decision shall be deferred under this subsection for periods exceeding six months in the aggregate; and
(b) no person shall be a member of the Tribunal for the purpose of reaching a decision which has been deferred or further deferred unless he was present as a member of the tribunal when the decision was deferred.
(3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extention of time) be brought in connection with the conviction.
(4) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the direction, appeal against the direction to the High Court; and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of appeal before the High Court, the Tribunal shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.
(5) A direction of the Tribunal under subsection (1) of this section shall take effect-
(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time; or
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or
(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,
and not otherwise howsoever.
(6) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person; and a direction under this section for the removal of a person's name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

(1) Any registered person who, being employed as a nurse or midwife in any capacity in a hospital, nursing home or institution of any nature whatsoever established to provide medical care for the sick-
(a) without reasonable cause or excuse (the proof of which shall lie on him), leaves his place of employment; or
(b) likewise without reasonable cause or excuse, with the burden of proof as in paragraph (a) of this section, persuades or attempts to persuade any nurse or midwife qualified as aforesaid to leave any such place of employment,
shall be reported to the Council and the Council shall inquire into any such report; and if the case reported is proved to its satisfaction, the Council may take such action by way of suspension of the offender from practice for a period not exceeding three months, or by way of reprimand, as the circumstances may require.
(2) An appeal by any person under this section affected by a suspension from practice shall lie to the appropriate High Court.

(1)
Any person not being a person duly registered under this Act who-
[1988 NO.4.]
(a) for or in expectation of reward practises or holds himself out to practise as such; or
(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as a nurse or midwife,
is guilty of an offence under this section.
(2) Any person who employs any unregistered person as a nurse or midwife is guilty of an offence under this section and liable on conviction to be punished as provided in this section.
(3) It shall be an offence under this section for any registered nurse or midwife to establish a private nursing or maternity home without complying with the provisions of this Act.
(4) If any person for the purpose of procuring the registration of any time, qualification or other matter-
(a) makes a statement which is false in a material particular; or
(b) recklessly makes a statement which is false in a material particular,
he is guilty of an offence under this section.
(5) If the registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to the register he is guilty of an offence under this section.
(6) A person shall not hold an appointment or practice as a Nurse or Midwife in Nigeria unless he is registered with the Council under the provisions of this Act.
(7) A person who violates any of the provisions of this Act commits an offence and is liable on conviction to a fine not more that N500,000 or imprisonment for a term of one year or both.
(8) Where the offence is committed by a body corporate, with the knowledge or negligence of a director, manager, secretary, agent, or employee of the body corporate, or both director, manager, secretary, agent, or employee and the body corporate, the body corporate is liable to a fine not more than N5,000,000, and the director, manager, secretary, agent, or employee of the body corporate is liable on conviction to the punishment under subsection (7).

It shall be an offence for any person without the approval of the Council, to train or purport to train any person as a nurse or midwife or to provide any course of training or establish any school for such purpose or as one of its purposes; and any such person shall be liable-(a) on conviction otherwise than in a High Court, to a fine of N 10,000 or imprisonment for a term of three years, or to both such fine and imprisonment
(b) on conviction in a High Court, to a fine of N10,000,000 or to imprisonment for a term of two years or to both such fine and imprisonment.

Registration under this Act shall not confer the right to assume any name, title or designation suggesting or implying that the person registered is by law entitled to take charge of cases of abnormality or disease in or relating to any pregnancy requiring medical attention.

(1)
A nurse or midwife registered under this Act shall be entitled to carry out nursing or midwifery care as provided for in the training curriculum prescribed and approved by the Council.
[1992 No. 83.]
(2) Any registered nurse or midwife shall be entitled to set up a private nursing home, maternity home or skilled nursing facility (SNF) if —
(a) he has minimum of ten years working experience in a recognised health establishment as a registered nurse or midwife after registration with the Council;
(b) he has complied with all the conditions prescribed by the Ministry of Health of the State, and this shall be without prejudice to section 2 (1) of the Principal Act, and such recommendations are sent to the Nursing and Midwifery Council of Nigeria for approval of the establishment of such nursing home, maternity home or skilled nursing facility; and
(c) he has demonstrated unequivocally that there are adequate arrangements for prompt referral to a practicing obstetrician and gynaecologist or an experienced medical practitioner or a secondary health facility for medical attention when the medical condition is beyond the scope of practice of the nurse or midwife.

A person who has a cause of action against the Council shall —(a) give the Council three months' notice, in writing, of intention to commence an action, disclosing the cause of action and served the processes to the principal office of the Council; and
(b) commence the legal action within two years from the date the cause of action arose.

In addition to any other power to make regulations under this Act, the Minister may make all such other 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.

In this Act, unless the context otherwise requires-
"Committee" means a State Nursing and Midwifery Committee established by section 13 of this Act;
"Council" means the Nursing and Midwifery Council established by section 1 of this Act;
"functions" includes powers and duties;
"Minister" means the Minister charged with responsibility for matters relating to the profession of nursing and midwifery;
"nurse or midwife" means a person who is registered to practise the profession in accordance with the provisions of this Act;
“post” includes courier, and any other electronic means of posting
"register" means the register maintained under section 6 of this Act in respect of those entitled to practise the profession of nursing or midwifery and registered shall be construed accordingly;
"supervisory authority" means the Chief Nursing Officer of a State;
"Tribunal" means the Nurses and Midwives Disciplinary Tribunal established by section 17 of this Act.

This Act may be cited as the Nursing and Midwifery (Registration, etc.) (Amendment) Citation Act, 2022.