1.1 Health Professions Regulatory Bodies Act, 2013 (Act 857) & the N&MC Mandate

1.1 Health Professions Regulatory Bodies Act, 2013 (Act 857) & the N&MC Mandate

Quick Answer: The Nursing and Midwifery Council of Ghana (N&MC) is established by Part Three of the Health Professions Regulatory Bodies Act, 2013 (Act 857), sections 53 to 77. The Act makes the Council a body corporate (s. 53), gives it the object of securing "in the public interest the highest standards of training and practice of nursing and midwifery" (s. 54), lists its functions—including conducting the licensing examination (s. 55(g))—and sets out who may be registered, the three types of register, suspension and cancellation, and criminal offences (ss. 57–73).

---

Why This Law Appears on the Licensing Examination

Regulation questions rarely ask you to recite the whole Act. They test whether you know what the law requires of a practitioner: you may not practise unless registered, you must pass the Council's examination to qualify, your registration must be renewed, and certain conduct is a criminal offence. They also test whether you can separate the regulator (N&MC), which protects the public, from bodies that represent nurses or train them.

Act 857 replaced the Nurses and Midwives Act, 1972 (NRCD 117), which section 77 repeals. Registers and documents issued under NRCD 117 continue in force, and until new Regulations are made, the disciplinary provisions in Part III of NRCD 117 continue to apply (s. 77(2)).

Where the Council Sits in Act 857

Act 857 brought several health regulators under one statute:

The Object and Functions of the Council (ss. 54–55)

Object (s. 54): "to secure in the public interest the highest standards of training and practice of nursing and midwifery."

To achieve that object, section 55 says the Council shall:

1. (a) establish standards and provide guidelines for curriculum development for the training of nurse assistants, nurses and midwives;
2. (b) register and maintain a register of practitioners;
3. (c) exercise disciplinary powers over practitioners;
4. (d) prescribe and maintain professional standards and conduct for practitioners;
5. (e) in collaboration with appropriate government agencies, ensure that nursing and midwifery institutions are accredited;
6. (f) determine and implement post-registration, continuing education and continuing professional development (CPD) programmes;
7. (g) conduct licensing examinations for registration of nurses, midwives and nurse assistants;
8. (h) ensure that education and training take place at approved institutions;
9. (i) advise the Minister on matters relating to the practice of nursing and midwifery;
10. (j) monitor and inspect training institutions and health facilities in collaboration with the Health Facilities Regulatory Agency; and
11. (k) perform any other functions ancillary to its object.

[!IMPORTANT] Exam Alert: If a question asks which body conducts the national licensing examination, keeps the register or disciplines practitioners, the answer is the N&MC, acting under Act 857. The Ghana Registered Nurses and Midwives Association (GRNMA) is a professional association that represents its members; it does not register or license anyone.

Governing Board, Registrar and Committees

The Board (s. 56 and ss. 145–146)

The governing body is a Board appointed by the President in accordance with article 70 of the Constitution. It consists of:

• a chairperson who is a registered nurse or midwife of not less than ten years' standing as a practitioner;
• one representative of registered nurses nominated by the nurses' professional associations;
• one registered midwife nominated by the professional associations;
• one representative from a university nursing school;
• one representative of a nursing and midwifery school;
• one representative of the Attorney-General not below the level of Principal State Attorney;
• one representative of the Ministry of Health not below the rank of Director;
• one representative of nurses and midwives within the security agencies;
• two other persons who are not health professionals; and
• the Registrar of the Council.

Members hold office for not more than three years and may be reappointed, but not for more than two terms (s. 145). The Board meets at least once every three months, and the quorum is five members (s. 146).

The Registrar (ss. 143–144)

The President appoints the Registrar under article 195 of the Constitution. For this Council the Registrar must be a registered nurse or midwife with at least ten years' professional experience and five years' administrative or managerial experience. The Registrar serves a four-year term, may be reappointed for one more term, is secretary to the Board and runs the Council's day-to-day administration.

Committees (s. 148)

The Board may set up committees, and every council must have a Disciplinary Committee (s. 148(5)). Cancellation of a practitioner's registration follows a recommendation of that committee (s. 65).

Registration Rules Candidates Must Know (ss. 57–72)

Offences and Penalties (s. 73)

Section 73 makes it an offence, among other things, to make a false declaration for registration, falsely use a title implying a qualification, practise as a practitioner without being registered, fail to renew registration and continue to practise, provide service in an unlicensed facility, fail to conform to practice standards, keep practising after suspension or cancellation, fail to comply with Board sanctions, or engage unqualified persons to practise.

• Penalty: a fine of not less than 500 and not more than 5,000 penalty units, imprisonment of not more than ten years, or both;
• Continuing offence: a further 20 penalty units for each day the offence continues after the Council serves written notice.

The N&MC's licence-renewal notice cites section 73(d) when it warns that practising without a valid PIN or AIN attracts a penalty or imprisonment.

Exam Traps at a Glance

• The Council's object is public protection and standards, not nurses' salaries or welfare.
• Graduating from a college does not by itself confer the right to practise: section 58 also requires a pass in the Council's examination.
• Newly qualified practitioners go on the provisional register, not the temporary register.
• An employer who engages an unqualified person also commits an offence (s. 73(j)).