South African Nursing Council

Regulations Regarding Fees and Fines Payable to the South African Nursing Council

The Minister of Health has, in terms of section 58(1)(r) of the Nursing Act, 2005 (Act No. 33 of 2005), after consultation with the South African Nursing Council, made the regulations in the Schedule.

SCHEDULE

Definitions

1.    In these regulations “the Act” means the Nursing Act, 2005 (Act No. 33 of 2005), and any word or expression to which a meaning has been assigned in the Act will bear such meaning and, unless the context indicates otherwise─

“account number” means the Council’s file number of an individual or an entity which is used as a reference number in all correspondence between the Council and the individual or entity, which is also used as the individual’s or entity’s account number for financial transactions;

“annual fee year” means the calendar year in respect of which an annual fee must be paid (i.e. the period 1 January to 31 December inclusive); and

“transaction type code” means an alphabetic code used by the Council’s bank account direct deposit processing program to identify the required service for which a direct deposit payment is being made.

Fees payable to the Council

2. (1)    The following fees are payable to the Council in terms of the Act─

(a)    an accreditation fee (nursing education institution), payable on accreditation as a nursing education institution;

(b)    an accreditation fee (nursing education programme), payable on accreditation of a nursing education programme;

(c)    an annual fee, payable annually in advance on application for an annual practising certificate;

(d)    an annual nursing education institution fee, payable annually in advance by accredited nursing education institutions in order to maintain accreditation status;

(e)    an application fee (clinical facility), payable on application for evaluation of a clinical facility to be used for nursing education and training;

(f)    an application fee (foreign additional qualification), payable on application for evaluation of an additional qualification obtained outside South Africa;

(g)    an application fee (foreign basic qualification), payable on application for evaluation of a basic qualification obtained outside South Africa;

(h)    an application fee (nursing education institution), payable on application for evaluation to become a nursing education institution;

(i)    an application fee (nursing education programme), payable on application for evaluation of a nursing education programme or a revised nursing education programme;

(j)    an audit visit fee, payable prior to an on-site audit visit by an audit visit team to a nursing education institution in terms of the Council’s accreditation regulations;

(k)    a certificate of status fee, payable on application for a certificate of status;

(l)    a duplicate certificate fee, payable on application for a duplicate certificate of registration;

(m)    an examination fee, payable per paper on application to be admitted to a Council examination;

(n)    an extract fee, payable on application for an extract from the register;

(o)    a focus visit fee (clinical facility), payable prior to a focus visit of the clinical facilities of a nursing education institution in terms of the Council’s accreditation regulations;

(p)    a focus visit fee (nursing education institution), payable prior to a focus visit of the nursing education institution in terms of the Council’s accreditation regulations;

(q)    a late entry fee, payable together with the examination fees on application to be admitted to a Council examination where the application is submitted after the closing date for applications;

(r)    a licence fee (private practice), payable on application for a licence to conduct a private practice;

(s)    a registration fee (additional qualification), payable on application for registration of an additional qualification;

(t)    a registration fee (assessors, moderators and verifiers), payable per field on application to be registered as an assessor, a moderator or a verifier;

(u)    a registration fee (learner), payable annually in advance on application for registration as a learner;

(v)    a registration fee (practitioner), payable per category on application for registration as a practitioner;

(w)    a registration fee (section 56 registration), payable on application for registration in terms of section 56(1) of the Act;

(x)    a remarking fee, payable on application for remarking an examination paper;

(y)    a restoration fee (reduced), payable on application for restoration to the register for practitioners following the voluntary removal of the person’s name from the register;

(z)    a restoration fee (regular), payable on application for restoration to the register for practitioners in all cases not covered in section (y) of this subregulation;

(aa)    a transcript of training fee, payable on application for a transcript of training records;

(bb)    a verification fee, payable on application for a verification to be sent to a registering body in another country; and

(cc)    any other fees in terms of the Act.

(2)    The Council will recover any of the fees due to it in terms of subregulation (1) in cases where an institution or person fails to make such payment on the determined dates.

(3)    The application fees referred to in paragraphs (e), (f), (g), (h) and (i) of subregulation (1) are not refundable.

(4)    The examination and late entry fees referred to in paragraphs (m) and (q) of subregulation (1) respectively are not refundable.

(5)    The focus visit fees referred to in paragraphs (o) and (p) of subregulation (1) are not refundable.

(6)    The remarking fee referred to in paragraph (x) of subregulation (1) is not refundable.

Determination of fee amounts and the date on which the fee amounts become effective

3.    The Council will, from time to time, determine the amounts of the various fees and the date on which the amounts become effective, and will publish the fee amounts and the date on which the fee amounts becomes effective by way of notice in the Gazette.

Annual nursing education institution fee

4. (1)    The due date for payment of the annual nursing education institution fee is 31 December in the year preceding the year for which it is due and payment must reach the Council by this due date.

(2)    The annual nursing education institution fee may be paid from 1 October of the year preceding the year for which it is due and payment will not be accepted before this date.

Annual fee

5. (1)    In terms of section 36(2) of the Act, in order to remain on the register following the first year of registration, a practitioner must pay an annual fee in respect of each annual fee year; on receipt of which the Registrar will issue the practitioner with an annual practising certificate.

(2)    The due date for payment of the annual fee is 31 December in the year preceding the annual fee year and payment must reach the Council by this due date.

(3)    The annual fee may be paid from 1 July of the year preceding the annual fee year and payment will not be accepted before this date.

(4)    The Registrar will remove from the register the name of a practitioner─

(a)    whose annual fee has not been received by the Council by the due date mentioned in subregulation (2); and

(b)    who has not been granted voluntary removal of his/her name by the due date mentioned in subregulation (2).

(5)    The removal date of a practitioner removed in terms of subregulation (4) will be set to 1 January of the annual fee year and the reason for removal will be set to “non-payment of annual fee”.

(6)    Notwithstanding the provisions of subregulations (1), (2), (4) and (5), the annual fee is not payable during the 12 months following the date on which a practitioner is registered for the first time under the Act and in such a case─

(a)    the due date for payment of the annual fee will be the last day of the 12 month period and payment must reach the Council by this due date; and

(b)    the Registrar will remove from the register the name of a practitioner─

(i)    whose annual fee has not been received by the Council by the due date mentioned in paragraph (a); and

(ii)    who has not been granted voluntary removal of his/her name by the due date mentioned in paragraph (a).

(c)    the removal date of a practitioner removed in terms of paragraph (b) will be set to the day following the due date mentioned in paragraph (a) and the reason for removal will be set to “non-payment of annual fee”.

(7)    A practitioner must pay the annual fee applicable to the category in which he/she is registered. A practitioner registered in more than one category pays only the highest applicable annual fee.

(8)    If, during the course of a year, a practitioner is restored to the register or is required to pay the annual fee for the first time, the full amount of the annual fee must be paid.

Restoration fee

6. (1)    In order to qualify for the reduced restoration fee referred to in paragraph (y) of regulation 2(1), a practitioner must─

(a)    have been removed from the register at his/her own request in terms of section 44(1)(e) of the Act; or

(b)    be 60 years old or older on 1 January of the annual fee year during which they wish to be restored.

(2)    An application to be removed at own request, which is submitted after the person has already been removed for any other reason, will not be taken into consideration when checking if the person qualifies to pay the reduced restoration fee.

(3)    A practitioner must pay the restoration fee referred to in paragraph (z) of regulation 2(1) applicable to the category in which he/she is registered.

(4)    A practitioner registered in more than one category pays only the highest applicable restoration fee.

Fines payable to the Council

7. (1)    The following fines are payable to the Council in terms of the Act─

(a)    An admission of guilt fine, which may be paid before or on the date appearing in the summons; and

(b)    an imposed fine, which is payable before or on the date indicated in the notification of the fine.

(2)    The amount of a fine is not negotiable.

(3)    The Council will, from time to time, determine the limits of fines for various offences under the Act and the dates on which the limits become effective, and will publish the limits and the dates on which the limits become effective by way of notice in the Gazette.

Method of payment of fees and fines

8. (1)    Fees and fines may be paid to the Council─

(a)    by bank guaranteed cheque, credit card or debit card in person at the offices of the Council;

(b)    by cash or bank guaranteed cheque, deposited into the Council’s bank account;

(c)    by Internet transfer or other electronic banking means, provided that the payment is made into the Council’s bank account; or

(d)    by any other method made available by the Council from time to time.

(2)    In respect of any payment mentioned in sub regulation (1), the correct Council account number of the person for whom or organisation for which the payment is made, must be supplied together with the transaction type code for the required service or services.

(3)    The Council will publish a list of the valid transaction type codes mentioned in subregulation (2) on its website, which may be revised from time to time according to the Council’s requirements.

(4)    In the case of a bank deposit, the account number and transaction type code mentioned in subregulation (2) must be written in the place marked “Reference” on the deposit slip. In the case of Internet or other electronic payment systems, the reference number and transaction type code must be provided in the information which will appear on the Council’s bank statement.

(5)    Payments that cannot be correctly allocated because of failure to comply with subregulations (1), (2), (3) or (4) will be regarded as not received in time if there is a deadline by which the payment is due.

(6)    Notwithstanding anything to the contrary contained in these regulations, organisations wishing to make a single bulk payment other than those in respect of annual fees in respect of two or more persons must first contact the Council regarding the necessary arrangements to ensure that the payment is correctly allocated to the organisation and that the Council can correctly sub-allocate the various amounts to the persons for whom the payments are made.

(7)    Payments made in terms of paragraphs (b) and (c) of subregulation (1) will be considered to have been paid on time only if the item appears on the Council’s bank statement with a transaction date before or on the due date for payment. No exceptions will be considered where transactions are dated after the due date. A person paying by Internet or other electronic banking must take into account the banking rules pertaining to the transaction date that will apply to such payment.

Implementation

9. (1)    The following regulation is hereby repealed:

 (2)    All Council fees referred to in the regulations listed in the following table are hereby substituted by the corresponding fees prescribed in these regulations: