- Establishment of the Disciplinary Committee
The Disciplinary committee of the Uganda Nurses and Midwives Council is established
under Section 37 of The Uganda Nurses and Midwives Act, 1996 to make inquiries into
the conduct of any Nurse or Midwife registered under the Act and come up with
appropriate decisions, depending on the facts of each particular case which may involve
removal of the name from the register or roll, reprimand, suspension for a period that may be deemed necessary, in addition to handing over the matter to police for further prosecution under the law if it involves fraud or is of criminal nature.
2. Composition of the Disciplinary Committee:
a. The Disciplinary Committee of the Council shall consist of;
b. The chairperson who shall preside at all meetings of the committee.
c. Three members appointed by the council from among its members.
d. One person appointed by council who shall be a person registered or enrolled in
the same category as the person whose conduct is the subject of an inquiry by the
committee.
e. An Advocate of not less than five years standing appointed by council.
f. A member of Health Service Commission.
g. A supervisory authority from the area where the person whose conduct is the
subject of inquiry operates.
h. Registrar who shall also be a secretary to the committee.
3. The members of the Disciplinary Committee shall hold office for so long as they are
members of Council and shall be eligible for re-appointment.
4. The Chairperson of the Disciplinary Committee shall be appointed by the Council from
the members of the Committee and shall preside at all meetings at which he or she is
present.
5. During the absence or inability to act of the chairperson the Vice Chairperson shall act as chairperson and in their absence any other person elected by a majority of those present shall preside as the temporary Chairperson for that particular meeting or during the period of such absence or inability to act.
6. For the purposes of enabling the Disciplinary Committee to carry out the duties imposed upon it by the Act, The Disciplinary Committee may make regulations governing its procedure in the making to the committee of applications or complaints under the Act.
7. Quorum
At any sitting, three members including the Chairperson and a person registered or enrolled in the same category as the person whose conduct is the subject of inquiry shall be a quorum for all purposes be it Disciplinary Committee, annual general meeting or
special general meeting and any question before the committee shall be decided by a majority of votes.
8. A quorum shall be constituted even with the absence of the Chairperson or Vice Chairperson.
9. If within half an hour from the time appointed for a meeting a quorum is not constituted, the meeting shall be adjourned for thirty minutes and the members present at the meeting so adjourned shall be a sufficient quorum.
10. The Chairperson of the Disciplinary Committee shall preside over all meetings and in his/her absence the Vice Chairperson and in their absence any other person elected by a majority of those present shall preside as Chairperson for that particular meeting.
11. The secretary to the Council shall be the secretary to the Disciplinary Committee, however the committee may, in the case of the absence or inability to act of the secretary appoint a proper person to act as secretary to the Disciplinary Committee during the period of that absence or inability to act.
12. Roles/Functions of the Disciplinary Committee
a. To ensure that the alleged breaches of the code or professional misconduct lodged with the Council are investigated before hearing.
b. establish investigating teams to probe the alleged breaches of the code;
c. preside over all disciplinary cases on matters of professional misconduct approved
by the Registrar.
d. summon witnesses for purposes of giving evidence during trial of professional
misconduct cases.
e. order the witnesses or any professional under trial to produce any documents or
anything to be used in evidence that they consider would be material to the
disciplinary case under trial.
f. ensure that disciplinary hearings are fair and comply with the procedures set out in this document
g. make decisions after trial of disciplinary cases and make recommendations to the Council for approval of such decisions
h. Recommend findings and appropriate penalties and sanction to professionals who have been found guilty under the Act; and
i. perform such other functions incidental to the above.
13. Procedure for lodging a complaint
Who may lodge a complaint
i. A Nurse or Midwife
ii. Private individual
iii. Institution ( University, Hospitals, Police, Schools, etc)
iv. Government body
v. Organization
Without prejudice to the other provisions of this Act, a complaint against a Nurse of professional misconduct may be made to the Disciplinary Committee by the Council.
14. Form/nature of complaint
a. Every complaint shall contain the names, physical address, occupation of the
complainant and the person against whom a complaint is lodged;
b. A statement of the relevant facts on which the complainant intends to rely for a
claim;
c. Address of the Respondent if known,
d. List of all witnesses and any documents to be relied on,
e. Relief sought.
15. Inquiries/investigations
a. Once a complaint has been lodged, the Registrar to council shall as soon as
practicable refer the matter to the committee for purposes of holding an inquiry into the complaint.
b. The committee so appointed by council shall conduct investigations into the allegations contained in the complaint.
c. Investigations shall include taking of statements from witnesses, collecting
evidence; documents where applicable and writing a report which shall be
submitted to council.
d. After investigating a complaint council will decide whether it is a reasonable or genuine complaint before referring the matter to the Disciplinary Committee.
e. The Disciplinary Committee shall after receiving the complaint from council
serve the Respondent with a copy of the complaint with all the documents
requiring him to file his reply.
f. The Respondent shall within fourteen (14) days from the time of service of the complaint file his/her reply to the complaint with the Registrar or by postdated on the day of filing and properly indicating his/her address of service and the same
shall be served to the complainant.
g. Where the Respondent without any reasonable ground fails to file a reply, the committee will proceed to hear the complaint and determine the matter basing on the evidence available.
h. If the Respondent files a reply within the stated period, the Committee shall set a date for hearing the complaint.
16. Summoning and attendance of witnesses
a. A party may obtain summons to persons whose attendance is required either to
give evidence or produce documents specifying the time and place at which
he/she is required and the reason why his/her attendance is required.
b. If a party without reasonable or lawful excuse fails to attend to give evidence or
produce a document, or refuses without reasonable cause to answer all questions put to him/her or appears but fails to satisfy the committee or willfully interrupts the proceedings of the committee or insults any member of the committee,
commits an offence.
c. If a party is unable to travel him/herself to serve the witness, such party shall pay
council sufficient amount for transport of the person summoned upon service of
summons or after attendance.
17. Notice of hearing
a. The Registrar shall serve a copy of the hearing notice to both parties to the
proceedings notifying them of the date for hearing of the complaint.
b. Service shall be personal and where personal service can not be rendered, by
registered post, substituted service with any of the recognized news papers
preferably New Vision and Monitor, Television or Radio.
c. The parties to the proceedings are supposed to receive on one copy as proof of service.
d. The serving officer or agent may where need arises serve in the company of the District Health Inspector.
18. Proceedings of the Disciplinary Committee
a. All proceedings before the Disciplinary Committee shall be deemed to be judicial proceedings; (a witness shall be entitled to all rights and privileges to which a witness under the Evidence act is entitled but The Evidence Act shall not apply to proceedings before the committee).
b. For the purposes of any application or complaint made to it under any of the
provisions of Act, the Disciplinary Committee may administer oaths or affirmations to the complainant and the Nurse to whom a complaint relates who will subscribe to the same.
c. At the commencement of every disciplinary hearing, the Registrar shall ensure
that members and strangers if any register their names in the register.
d. Any person appearing as a party before the Disciplinary Committee may be represented by an advocate of his/her own choice.
e. Where both parties appear on the date fixed for hearing of the complaint, the committee will proceed to hear and determine the complaint.
f. The complainant shall state his/her case and produce his/her evidence and witnesses if possible and will be cross – examined by the Respondent or his/her
Advocate if represented.
g. The Respondent will then state his/her case at the close of the complainant’s case, his/her evidence and witnesses and will also be cross-examined by the complainant or his/her representative.
h. The Disciplinary committee reserves the right to cross-examine any of the parties
to the proceedings.
i. The evidence of each witness shall be taken down in writing in a narrative form
and signed by the Chairperson.
j. Notwithstanding clause 14 (i) the evidence given may be recorded by mechanical
means.
k. If the complainant does not appear on the date fixed for hearing and without
reasonable ground for non-attendance, the committee will dismiss the complaint.
l. If the Respondent does not appear on the date fixed for hearing the complaint,
upon proof of service of the summons, the committee will proceed to hear and
determine the complaint in his/her absence.
m. If none of the parties appears on the date set for hearing, the Disciplinary
Committee shall upon proof of service of the complaint and hearing notice, and
without reasonable ground for non-attendance of either party, dismiss the
complaint.
n. If summons were not sufficiently served upon the Respondent, or if by any
reasonable cause he/she is unable to appear in person, the committee shall
postpone the hearing to any other date which shall be communicated to the
Respondent.
o. Where a matter is determined by the Disciplinary Committee in the absence of
either or both parties to the proceedings any of the parties may apply to the
Disciplinary Committee upon reasonable cause being shown for hearing of the
matter inter-parties.
p. If upon hearing the Application it is in the opinion of the committee that
reasonable cause has been shown grant the Application and fix the matter for
hearing inter-parties.
q. The Disciplinary committee, after hearing the evidence of both parties will
examine all the available evidence and determine the matter depending on the
evidence produced.
r. The Committee may pronounce judgment immediately after the conclusion of the
hearing or reserve it to a specific date.
s. If the committee reserves the decision, it will give reasons to both parties for the
reservation and inform them of the date when the decision will be pronounced.
t. The committee will submit its decision to council for approval.
u. The Registrar may after approval of the decision by the council immediately
effect the decision of the Disciplinary committee and may send out copies of the
decision to any person, Institute or Organization having interest in the
proceedings.
19. If any person upon whom a summons issued under clause 21 above has been served refuses or omits without sufficient cause to attend at the time and place mentioned in the summons, or refuses without sufficient cause to answer fully and satisfactorily to the best of his or her knowledge and belief all questions put to him or her by or with the
concurrence of the Disciplinary Committee, or refuses or omits without sufficient cause
to produce any documents in his or her possession or under his or her control which are
mentioned in the summons, he or she commits an offence and is liable on conviction to a fine not exceeding fifty thousand shillings.
20. In the event that there is any complaint or matter pending before the Disciplinary
Committee at the date of retirement of any member of the committee, where the
committee had, prior to that date, entered upon the hearing of the complaint or matter in accordance with clause 23, the member shall, if he or she is not reappointed, be deemed to remain in office for the purpose only of that complaint or matter and shall so remain until the complaint or matter has been finally disposed of.
21. After hearing the complainant and the Nurse to whom the complaint relates, if he or she wishes to be heard, and considering the evidence adduced, the Disciplinary Committee may order that the complaint be dismissed or, if of the opinion that a case of professional misconduct on the part of the Nurse has been made out, the committee may order —
a. that the Nurse be admonished/reprimanded;
b. that the Nurse be suspended from practice for a specified period not exceeding
two years;
c. that the name of the Nurse be struck off the roll;
d. that the Nurse pays a fine not less than 300,000/= and not more than 3,000,000/= ;
or
e. that the Nurse pays compensation to any person who has suffered loss as a result
of his or her misconduct,
or such combination of the above orders as the committee thinks fit.
f. Closure of the health unit
g. The Disciplinary Committee may make any such order as to payment by any
party of any costs or witness expenses and of the expenses of the committee in
connection with the hearing of any complaint as it may think fit.
22. A nurse or midwife who has been suspended from practice or whose name has been removed from the register or roll shall surrender the registration or enrollment certificate for cancellation within a period directed by the committee.
23. Where a Nurse belongs to another professional body outside Uganda, or is subject to the jurisdiction for the purposes of discipline of a professional body outside Uganda, the registrar shall also send to that professional body a certified copy of every final order made suspending or striking off the name of the Nurse from the roll.
24. Report and action on a complaint.
a. On the termination of the hearing of a complaint, the committee shall embody its
findings and the order or orders made by it in the form of a report which shall be presented to the registrar, together with the record of evidence taken and any documents put in evidence.
b. The registrar shall give to the complainant and to the Nurse to whom the
complaint relates notice of delivery of the report, which shall be open to inspection by the complainant, the Nurse and their respective advocates, if any, but shall not be open to public inspection.
25. Right of appeal-
A Nurse or Midwife who has been suspended from practice or whose name has been
removed from the register or roll shall be informed of his right to appeal.
26. Where an Appeal is sought
Any Nurse aggrieved by any order of the Disciplinary Committee may, within fourteen
days after the receipt by him or her of the notice, appeal against the order to the High
Court by giving notice of appeal to the registrar, and shall file with the registrar a
memorandum setting out his or her grounds of appeal within thirty days after the giving
by him or her of the notice of appeal.
27. Pending an appeal above, if the Disciplinary Committee has ordered the appellant’s name
to be struck off from the roll or has suspended his or her right to practice, the Nurse shall
not be entitled to practice except in the case where his or her right to practice has been
suspended and the period of suspension lapses before the hearing of the appeal, in which
event he or she shall be entitled to practice after the period of suspension has expired.
28. Discretionary powers of the committee-
a. It may require for additional evidence/information.
b. May reject the complaint for lack of jurisdiction.
c. May taking into consideration the period spent out of service attach a Nurse or
Midwife to a reputable hospital to regain skills.
d. May where necessary refer a Nurse or Midwife to an expert to assess whether
they are fit to practice as Nurses and Midwives. This may be due to mental
disability or other special cases that require an expert’s report.
e. the committee shall have power to interview and correspond with such persons,
including the Nurse to whom the complaint relates, as it thinks fit.
f. May during investigations or during the hearing of the complaint suspend a Nurse
or Midwife against whom a case has been lodged if the nature of the complaint is
as such likely to exposes the public to danger.
g. The Disciplinary Committee may order any Nurse against whom a case of
professional misconduct has been made out to restore any property in his or her
possession or under his or her control to the person appearing to the committee to
be entitled to the property.
29. Reciprocal enforcement of suspensions, etc.
a. If any Nurse or Midwife who is a practitioner (by whatsoever name or style
designated) of, or is entitled to practice as such in, any East African country, is
suspended from practice or struck off the roll or register of Nurses and Midwives
otherwise than at his or her own request in that country by order of a competent
court or other competent authority in that country, he or she shall be deemed to
have been suspended from practice as a Nurse in Uganda for the period for which
his or her suspension from practice in that country remains effective or to have
been struck off the roll, as the case may be; and the registrar shall cause a note of
the suspension (specifying the period of the suspension) to be entered against the
name of the nurse or midwife on the roll or shall strike off the roll or register the
name of the Nurse or Midwife, as the case may require; but if in any such case the
name of the Nurse or Midwife is restored to the aforesaid roll or register as the
case may be in that country, or if he or she otherwise becomes entitled again to
practice as provided in this subsection in that country, his or her name shall, on
request, be replaced on the roll by the registrar.
b. In this section, “East African country” means any East African country in respect
of which the Attorney General declares, by statutory order, that he or she is
satisfied that reciprocal effect will be given under the law of that country to orders
made by the Disciplinary Committee under this Act for the suspension of Nurses
and Midwives from practice or for striking their names off the roll or register.
30. Conflict of Interest
Members must declare any potential conflict of interest to the chairperson prior to discussion of
individual issues. The member must either absent themselves from the discussion and voting or put
it to the committee to decide on whether the member should be absent. A conflict of interest refers
to situations in which personal, occupational or financial considerations may affect or appear to
affect the objectivity or fairness of decisions related to the committee activities.
31. Remuneration
Committee members are entitled to allowances and expense reimbursement in accordance with the
Council policies and guidelines on claiming committee expenses.
32. Amendment, Modification or Variation
This Terms of Reference may be amended, varied or modified in writing after consultation and by
consensus of all the committee members.
33. Additional powers of the committee-
a. The Committee is authorised by the Council to investigate any activity within its
terms of reference.
b. It is authorised to seek any additional information it requires from any employee and
all employees are directed to co-operate with any request made by the Committee.
c. The Committee is authorized by the Council to obtain legal or other independent
professional advice and to secure the attendance of outsiders with relevant experience
and expertise if it considers this necessary.
34. Scope of Terms of Reference
These Terms of Reference shall govern the conduct of business and proceedings of the Council
committees and all members shall be bound by and comply with them.
35. Related policies
The committee shall make linkages to any specific Council or corporate policy and/or
government initiative that is pertain to these teams. Any provision of the terms of reference is
inconsistent with any law, the provisions of the law shall prevail over the terms of reference.