Section 52 - National Nursing and Midwifery Commission Act, 2023

The National Nursing and Midwifery Commission Act, 2023

52. Power to make regulations.-

(1) The National Commission may, subject to the condition of previous publication, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the functions to be discharged by the Secretary of the National Commission under sub-section (5) of section 8;

(b) the procedure in accordance with which experts, consultants and professionals may be engaged and the number of such experts, consultants and professionals under sub-section (8) of section 8;

(c) the procedure in accordance with which and the number of experts and domain specialists are to be invited from foreign countries for meetings of the Commission under sub-section (9) of section 8;

(d) the procedure to be followed at the meetings of National Commission, including the quorum at its meetings under sub-section (3) of section 9;

(e) steps to be taken for the coordinated and integrated development of education and maintenance of the standards of delivery of services, with periodic revision under sub-section (1) of section 10;

(f) the purposes of performing its functions by the National Commission under sub-section (2) of section 10;

(g) the manner of making available and the number of experts, consultants, professionals, officers and other employees appointed including the experts and domain specialists invited from foreign countries under section 8, to the Autonomous Boards under section 15;

(h) the manner of determining the minimum requirements and standards of nursing and midwifery education and examination at undergraduate level and postgraduate level under clause (a) of sub-section (1) of section 18;

(i) the manner of developing dynamic competency based curriculum at undergraduate level and postgraduate level under clause (b) of sub-section (1) of section 18;

(j) prescribing qualifications at the undergraduate level and postgraduate level in nursing and midwifery and such other particulars under clause (c) of sub-section (1) of section 18;

(k) the standards for setting up of nursing and midwifery institutions for imparting undergraduate and postgraduate courses, having regard to the needs of the country and the global norms under clause (d) of sub-section (1) of section 18;

(l) the manner of determining the standards and norms for infrastructure, faculty and quality of education in nursing and midwifery institutions providing undergraduate and postgraduate nursing and midwifery education under clause (e) of sub-section (1) of section 18;

(m) the manner of regulating the standards and scope of practice of registered nursing and midwifery professionals, including nurse practitioners, nursing associates and midwifery associates who have obtained the nursing and midwifery qualification as provided by Nursing and Midwifery Undergraduate and Postgraduate Education Board under clause (h), and the manner of regulating the limited prescribing authority in consultation with the National Commission under clause (i), of sub-section (1) of section 18;

(n) the manner of determining the procedure for assessing and rating the nursing and midwifery institutions for their compliance with the standards laid down by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under clause (a) of sub-section (1) of section 19;

(o) the manner of carrying out inspections of nursing and midwifery institution for assessing and rating such institutions under clause (c) of sub-section (1) of section 19;

(p) the time and manner of conducting, or where it deems necessary, empaneling independent rating agencies to conduct, assess and rate all nursing and midwifery institutions, within such period of their opening under clause (d) of sub-section (1) of section 19;

(q) the manner of making available on the website or in public domain the assessment and ratings of nursing and midwifery institutions at regular intervals, under clause (e) of sub-section (1) of section 19;

(r) the measures to be taken including the manner of issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the National Commission for withdrawal of recognition, against a nursing and midwifery institution for failure to maintain the minimum essential standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under clause (f) of sub-section (1) of section 19;

(s) the manner of regulating professional conduct and promoting nursing and midwifery ethics under clause (c) of sub-section (1) of section 20;

(t) the form, particulars and fee for submitting a proposal to the Nursing and Midwifery Assessment and Rating Board for the purposes of obtaining permission under sub-section (1) of section 21, under sub-section (2) of the said section;

(u) the manner of preferring appeal to the National Commission under sub-section (5) of section 21;

(v) other factors to be taken into consideration by the Nursing and Midwifery Assessment and Rating Board or, as the case may be, the National Commission while approving or disapproving a proposal under section 22, and the nursing and midwifery institutions set up in such areas which are eligible for relaxation of the criteria under the said section;

(w) the manner of taking disciplinary actions by the State Commission in respect of any professional or ethical misconduct by a registered professional under sub-section (3) of section 24;

(x) the manner of receiving the complaints and grievances relating to any professional or ethical misconduct against a registered professional in a State by the Nursing and Midwifery Ethics and Registration Board under the first proviso to sub-section (3) of section 24;

(y) the acts of commission or omission which would amount to professional or ethical misconduct under the Explanation to section 24;

(z) such other particulars to be specified in the online and live National Register maintained by the Nursing and Midwifery Ethics and Registration Board under sub-section (1) of section 25;

(za) the form and manner in which the National Register is to be maintained under sub-section (2) of section 25;

(zb) the manner in which a name or qualification may be added to, or removed from, the National Register and the grounds for adding thereto or removal thereof under sub-section (3) of section 25;

(zc) the form and manner in which the National Register shall be made available to the public by placing it on the website of the Nursing and Midwifery Ethics and Registration Board under sub-section (5) of section 25;

(zd) the manner of granting a registration as nursing and midwifery professional to a person who has obtained a recognised nursing and midwifery qualification and getting his name and qualifications enrolled in the National Register or the State Register for Nursing and Midwifery Professionals under sub-section (1) of section 26;

(ze) the manner of getting entered the title, diploma or qualification against his name in the National Register or the State Register under sub-section (3) of section 26;

(zf) the manner of renewal of registration under sub-section (4) of section 26;

(zg) the period and manner in which a foreign citizen may be permitted temporary registration in India under the proviso to sub-section (1) of section 27;

(zh) the manner of listing and maintaining nursing and midwifery qualification granted by any University or nursing and midwifery institution in India by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under sub-section (1) of section 28;

(zi) the manner of listing and maintaining nursing and midwifery qualification granted by any University or nursing and midwifery institution in India by the Nursing and Midwifery Undergraduate and Postgraduate Education Board under sub-section (2) of section 28;

(zj) the manner of examining the application for grant of recognition to an undergraduate or postgraduate or speciality or clinical nurse speciality or nurse practitioner course in all specialities of nursing and midwifery qualification under sub-section (3) of section 28;

(zk) the manner of listing and maintaining all nursing and midwifery qualifications which have been recognised before the date of commencement of this Act and are included in the Part I and Part II of the Schedule to the Indian Nursing Council Act, 1947 under sub-section (7) of section 28;

(zl) the manner of listing and maintaining the nursing and midwifery qualification, which is granted recognition by the National Commission and the manner of practice by a person possessing such qualification under sub-section (2) of section 29;

(zm) the manner of mutual recognition of the qualifications for reciprocal registration of nursing and midwifery professionals between two countries under sub-section (4) of section 29;

(zn) the manner of examining the equivalence in terms of curriculum, practical.

(zo) the manner in which a person possessing necessary qualification shall be permitted to practice under the second proviso to section 32;

(zp) the procedure to be followed at the meetings of Nursing and Midwifery Advisory Council under sub-section (3) of section 36; and

(zq) any other matter in respect of which provision is to be made by regulations for carrying out the purposes of this Act.