The Nursing and Midwifery Act

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CHAPTER 325
THE NURSING AND MIDWIFERY ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
ESTABLISHMENT OF THE COUNCIL
4. Establishment of Council.
5. Composition of Council.
6. Functions of Council.
7. Committees of Council.
8. Delegation of powers and functions of Council.
part iii
MANAGEMENT AND STAFF OF THE COUNCIL
9. Appointment of Registrar.
10. Functions of Registrar.
11. Deputy Registrar.
12. Officers and employees of Council.
13. Appointment and duties of supervisory authority.
part iv
REGISTRATION, ENROLMENT AND LICENSING
OF NURSES AND MIDWIVES
14. Register and Roll of nurses and midwives.
15. Eligibility for registration or enrolment.
16. Temporary registration.
17. Provisional registration.
18. Removal from Register or Roll.
19. Surrender of certificate on removal of name from Register or Roll.

registration.
17. Provisional registration.
18. Removal from Register or Roll.
19. Surrender of certificate on removal of name from Register or Roll.

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328
20. Restoration of name after removal. 21. Licence to practice nursing or midwife. part v
REGISTRATION AND LICENSING FOR PRIVATE PRACTICE
22. Qualifications for engagement in private practice. 23. Registration and licensing of private nursing, maternity services
or maternity homes. 24. Inspection of private nursing or maternity homes, clinics and schools. part vi
DISCIPLINARY PROVISIONS
25. Receipt of complaint by Registrar. 26. Inquiry by Council. 27. Procedure for inquiry. 28. Disciplinary powers of Council. 29. Power to summon witnesses. 30. Disobedience of summons and refusal to give evidence. 31. Appeal against decision of Council. 32. Appeals. part vii
FINANCIAL PROVISIONS
33. Funds of Council. 34. Financial year. 35. Estimates. 36. Accounts and Audit. 37. Fees. part viii
OFFENCES AND PENALTIES
38. Penalty for illegal practice. 39. Penalty for illegal procuring of registration through false statement
or document. 40. Penalty for commencing private practice without Council’s approval. 41.

for illegal procuring of registration through false statement
or document. 40. Penalty for commencing private practice without Council’s approval. 41.

Penalty for commencing school of nursing or midwifery without
Council’s approval. 42. Penalty for impersonation, misrepresentation, false assumptions
and use of titles. 43. Penalty for refusal to answer summons, questions and interrupting
proceedings of Council.

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
44. Knowingly employing person not licensed.
45. Penalty for assisting or aiding commission of offence.
part ix
MISCELLANEOUS PROVISIONS
46. Notification.
47. Indemnity for bona fide acts.
48. Power to make rules.
49. Power to make regulations.
50. Repeal and savings.
SCHEDULE

ROVISIONS
46. Notification.
47. Indemnity for bona fide acts.
48. Power to make rules.
49. Power to make regulations.
50. Repeal and savings.
SCHEDULE

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Nursing and Midwifery Act. 2. This Act shall apply to Mainland Tanzania. 3.

n of OAG.330
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Nursing and Midwifery Act. 2. This Act shall apply to Mainland Tanzania. 3.

In this Act, unless the context otherwise requires-
“approved nursing institution” means an institution or part
of an institution approved by the Council under the
provisions of this Act, to provide a course leading to the
acquisition of a qualifying award;
“Committee” means the Committee of the Council
established under section 7;
“Council” means Nursing and Midwifery Council established
under section 4;
“clinic” means a health care facility which is mainly used for
health consultation and simple treatment;
“enrolled nurse or midwife” means a nurse or a midwife
enrolled under section 15;
“health facility” means a facility established for the provision
of health care services and includes hospital, health
centre, medical and dental clinics, dispensary, pharmacy,
healthy laboratory, diagnostic centre, radiological unit,
maternity and a nursing home;
Short title
Application
Interpretation
CHAPTER 325
THE NURSING AND MIDWIFERY ACT
An Act to make provisions for protection, promotion and preservation of
the public health, safety and welfare through regulation and control of
nursing and midwifery education and practice. [1st October, 2010]
[GN. No. 378 of 2010]
Act No. 1 of 2010

nd welfare through regulation and control of
nursing and midwifery education and practice. [1st October, 2010]
[GN. No. 378 of 2010]
Act No. 1 of 2010

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E.

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E.

2023]
“internship” means a prescribed period during which a
nurse or a midwife is under supervised placement for the
purpose of gaining expected professional competence
pending full registration;
“licence” means a licence issued under section 21 giving the
bearer permission to practise as a nurse or midwife in
accordance with qualifications obtained; or to operate
a school of nursing or midwifery or maternity home,
nursing home, nursing clinic or maternity clinic;
“midwife” means a person who is authorised by a licence
issued under this Act to practise midwifery as an enrolled
or registered midwife;
“midwifery” means giving care and supervision to a woman
during pregnancy, labour and postpartum period and
caring for the new born babies and infants;
“Minister” means the Minister responsible for health;
“nurse” means a person who is authorised by a licence to
practise as an enrolled or a registered nurse;
“nursing home” means a place of residence for people who
require constant nursing care established by a licensed
nurse or midwife to provide such services in accordance
with the provisions of this Act;
“nursing practice” means assisting individuals or groups
of persons to maintain optimal health throughout the
life process by assessing their health status, establishing
nursing diagnosis, planning and implementing a strategy
of care to accomplish defined goals and evaluating
responses for care and treatment and shall include
provision of nursing care, administration, supervision
and teaching;
“private maternity home” means a place of residence for
people who require constant maternity care established
by licensed midwife under this Act;
“private midwifery services” means private services
established by a midwife for providing reproductive and
child health services as registered under this Act;

midwifery services” means private services
established by a midwife for providing reproductive and
child health services as registered under this Act;

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nia. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E.

2023]
332
“private nursing home” means a home established by a
registered nurse to provide restorative, rehabilitative,
curative and recuperative nursing care to an individual, a
family or the community, by virtue of section 23;
“private nursing services” means private services established
by a nurse for assisting individual or groups of persons
to maintain optimal health throughout the life process
by assessing their health status, establishing nursing
diagnosis, planning and implementing a strategy of care
to accomplish defined goals and evaluating response of
care and treatment;
“private practice” in relation to a nurse or midwife means
to practice as a nurse or midwife as authorised under
section 22;
“private provider” means any nurse who provides nursing
services outside public service;
“professional misconduct” means a conduct which, with
regard to the profession of a nurse or midwife is improper,
disgraceful, dishonorably or unworthy;
“Register” means the register of nurses or midwives
established and maintained by the Council under section
14;
“registered nurse or midwife” means a nurse or midwife
registered under section 15;
“Registrar” means the Registrar of the Council appointed
under section 9;
“Roll” means an official document for enrolling names of
nurses or midwives kept by the Council in accordance
with the provisions of this Act; and
“supervisory authority” means a person appointed by the
Council under section 13.

pt by the Council in accordance
with the provisions of this Act; and
“supervisory authority” means a person appointed by the
Council under section 13.

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
PART II
ESTABLISHMENT OF THE COUNCIL
4.–(1) There is hereby established a Council to be known as
the Tanzania Nursing and Midwifery Council. (2) The Council shall be a body corporate and shall-
(a) have perpetual succession and an official seal;
(b) in its corporate name, be capable of suing and being
sued; and
(c) subject to the provisions of this Act, be capable of
holding, purchasing or otherwise, acquiring in any
other way any movable or immovable property and
disposing of any of its properties.

, be capable of
holding, purchasing or otherwise, acquiring in any
other way any movable or immovable property and
disposing of any of its properties.

5.–(1) The Council shall consist of not more than thirteen
members appointed by the Minister as follows-
(a) a Chairman of the Council who shall be appointed
from amongst senior registered nurses;
(b) the head of nursing and midwifery services in the
country;
(c) a representative of the nursing education section of the
Ministry responsible for health;
(d) a nurse educator;
(e) a representative of the National Nurses Association;
(f) a representative of Regional Nursing Officers or District
Nursing Officers;
(g) one nurse representing national, referral and specialised
hospitals;
(h) one nurse representing private health providers;
(i) a representative of other healthcare professions;
(j) a law officer representing the Office of the Attorney
General;
(k) an enrolled nurse; and
(l) two members appointed from the public who by their
qualifications and experience can contribute to the
work of the Council and the development of nursing
Establishment of
Council
Composition of
Council

qualifications and experience can contribute to the
work of the Council and the development of nursing
Establishment of
Council
Composition of
Council

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334
and midwifery in the country, at least one of whom
shall be a woman. (2) The Council may, whenever necessary, co-opt any
person with special knowledge and skills to provide expertise
on a particular issue but such a co-opted member shall have
no voting right. (3) A person shall not be appointed a member of the
Council who is-
(a) declared bankrupt;
(b) convicted of a criminal offence and has been imprisoned
for a term exceeding six months;
(c) infirm of mind or body to perform the duties of a
member; or
(d) disqualified under the provisions of this Act, from
practising as a nurse or a midwife. (4) The provisions of the Schedule to this Act shall have
effect as to the tenure of office of members, the proceedings of
the Council and any matter relating to the Council. 6.

chedule to this Act shall have
effect as to the tenure of office of members, the proceedings of
the Council and any matter relating to the Council. 6.

The functions of the Council shall be to-
(a) register and enrol duly qualified applicants by
examination, endorsement, reinstatement of fulfilling
any other requirement;
(b) advise the Minister on matters concerning nursing and
midwifery and to make recommendations on policy
matters;
(c) ensure that the Register and Roll of nurses and midwives
are kept, maintained and updated in the prescribed
manner;
(d) establish standards of proficiency necessary to be
admitted to the different parts of the Register or Roll;
(e) collaborate with other relevant authorities on matters
pertaining to nursing and midwifery education training
and practice in approving various standards;
(f) evaluate nursing education programs and approve such
programs to meet the Councils’ requirement;
Functions of
Council

approving various standards;
(f) evaluate nursing education programs and approve such
programs to meet the Councils’ requirement;
Functions of
Council

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E.

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E.

2023]
(g) issue, renew, replace and cancel nursing and midwifery
practising licences;
(h) approve the annual budget of the Council;
(i) establish and keep under review the standards of
conduct, performance and ethics expected from nurses
and midwives and prospective nurses and midwives
and give them guidance on these matters as it sees fit;
(j) caution, censure, order the suspension from practice,
or order the removal or restoration from the Register or
Roll of the name of any registered nurse or midwife or
enrolled nurse or midwife for malpractice, negligence
or professional misconduct;
(k) prescribe uniforms, badges and any other distinctive
identities to the worn by nurses and midwives;
(l) prescribe the form of professional oath to be used
or administered upon all nurses and midwives on
admission and other profession occasions;
(m) prescribe standards and conditions for establishing
private nursing or midwifery services including nursing
homes, nursing clinics, maternity homes and maternity
clinics;
(n) grant licence for establishing private nursing or
midwifery services, schools of nursing or midwifery;
(o) develop, conduct and regulate nursing and midwifery
registration or enrolment examinations; and
(p) perform any other functions as prescribed under this
Act or as may be directed by the Minister.

wifery
registration or enrolment examinations; and
(p) perform any other functions as prescribed under this
Act or as may be directed by the Minister.

7.–(1) The Council shall, for the purpose of ensuring efficient
performance of its functions and exercise of its powers appoint
such number of Committees to perform functions as it may
direct. (2) Without prejudice to the generality of subsection (1),
the Council may establish the following Committees-
(a) the Finance Committee;
(b) the Education and Professional Advancement
Committee;
Committees of
Council

cil may establish the following Committees-
(a) the Finance Committee;
(b) the Education and Professional Advancement
Committee;
Committees of
Council

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336
(c) the Ethical and Disciplinary Committee;
(d) the Research Committee; and
(e) Registration and Enrolment Committee. (3) The composition, procedures and other terms and
restrictions of the Committees shall be as may be determined
by the Council. (4) The Committees shall, in the performance of their
functions under this section, be answerable to the Council. 8.–(1) The Council may, subject to such terms, conditions and
restrictions, as it may specify, delegate to any Committee or to
any employee of the Council, some of its functions, powers or
duties conferred or imposed to it by or under this Act.

delegate to any Committee or to
any employee of the Council, some of its functions, powers or
duties conferred or imposed to it by or under this Act.

(2) A delegation under this section may be made to
the holder of an office of the Council specifying the office
but without naming the holder and in every case where a
delegation is so made each successive holder of the office in
question and each person who occupies or performs the duties
of that office may, without any further authority, perform or
exercise the delegated function, power or duty in accordance
with the delegation made by the Council. (3) Delegation made under this section shall not prevent the
Council from performing or exercising the function, power or
duty delegated. (4) Notwithstanding the aforegoing provisions, the Council
shall not have power to delegate-
(a) its powers to delegate;
(b) the power to approve the annual budget, supplementary
budget, annual balance sheet or any statement of
accounts; or
(c) its powers to approve or change contents of the training,
curriculum and other standards pertaining to nursing
and midwifery professions in Tanzania. Delegation of
powers and
functions of
Council

he training,
curriculum and other standards pertaining to nursing
and midwifery professions in Tanzania. Delegation of
powers and
functions of
Council

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
PART III
MANAGEMENT AND STAFF OF THE COUNCIL
9.–(1) There shall be a Registrar of the Council who shall be
appointed by the Minister from amongst public servants who
are senior registered nurses or midwives. (2) The Registrar shall be the secretary and chief executive
officer of the Council. 10.

public servants who
are senior registered nurses or midwives. (2) The Registrar shall be the secretary and chief executive
officer of the Council. 10.

The functions of the Registrar shall be -
(a) effecting registration and enrolment of nurses and
midwives upon directions of the Council;
(b) keeping and maintaining the Register and Roll of
nurses and midwives;
(c) making necessary alterations and corrections to the
Register or Roll in relation to any entry as may be
directed by the Council;
(d) inspecting and having full access, on behalf of the
Council, to all maternity homes, nursing homes, clinics
and nursing training schools;
(e) recording all the minutes and proceedings of the
meetings of the Council and its committees and having
custody over all records and documents of the Council
and committees;
(f) keeping proper books of accounts and assets, preparing
annual and supplementary estimates and financial
statements;
(g) implementing the decisions of the Council; and
(h) performing any other duty that may be required under
this Act or as the Council may direct subject to the
provisions of this Act. 11.–(1) There shall be a Deputy Registrar to be appointed by
the Minister from amongst public servants. Appointment of
Registrar
Functions of
Registrar
Deputy Registrar

l be a Deputy Registrar to be appointed by
the Minister from amongst public servants. Appointment of
Registrar
Functions of
Registrar
Deputy Registrar

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338
(2) The Deputy Registrar appointed under subsection (1)
shall assist the Registrar in the performance of the functions
under this Act and shall be answerable to the Registrar. (3) Where the Registrar authorises the Deputy Registrar to
act on his behalf in any matter, any reference in this Act to “the
Registrar” shall include a reference to Deputy Registrar. 12.–(1) The Council shall appoint such number of officers
and employees of the Council in various categories as may be
required in accordance with the organisational structure of the
Council. (2) Officers and employees of the Council shall, in the
performance of their functions, be answerable to the Registrar. 13.–(1) The Council may, in respect of any region, district or
health institution, appoint a senior registered nurse or midwife
to be the supervisory authority over all nurses or midwives in
the respective region, district or health institution.

nior registered nurse or midwife
to be the supervisory authority over all nurses or midwives in
the respective region, district or health institution.

(2) It shall be the duty of every supervisory authority in
respect of any registered or enrolled nurse or midwife under
his supervision to-
(a) exercise general supervision in accordance with the
rules made under this Act;
(b) investigate any charges or complaints against a
registered or enrolled nurse or midwife including
malpractice, lack of competence, unfit to practice,
negligence and misconduct;
(c) temporarily suspend from practice any registered or
enrolled nurse or midwife for a period not exceeding
three months;
(d) report to the Council the name of any registered or
enrolled nurse or midwife convicted of any offence and
the nature of the offence committed as soon as possible;
and
(e) submit to the Council, the name of the registered or
enrolled nurse or midwife who has ceased to practice
nursing or midwifery or has died. Officers and
employees of
Council
Appointment
and duties of
supervisory
authority

midwife who has ceased to practice
nursing or midwifery or has died. Officers and
employees of
Council
Appointment
and duties of
supervisory
authority

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
PART IV
REGISTRATION, ENROLMENT AND
LICENSING OF NURSES AND MIDWIVES
14.–(1) Subject to the provisions of this Act, the Council shall
establish, keep and maintain a Register and a Roll of qualified
nurses and midwives. (2) The Register or Roll of nurses and midwives shall contain
the names, addresses, qualifications and other particulars of all
nurses and midwives entitled for registration or enrolment. (3) The Registrar shall-
(a) have custody over the Register and Roll; and
(b) be responsible for the making of entries in the Register
or Roll.

lment. (3) The Registrar shall-
(a) have custody over the Register and Roll; and
(b) be responsible for the making of entries in the Register
or Roll.

15.–(1) Subject to the provisions of this Act and any conditions
for inclusion into the register imposed by regulations made
under this Act, any person shall be entitled to be registered as
a nurse or midwife if such person has-
(a) passed the nursing or midwifery examinations
conducted by the Council;
(b) complied with such other additional requirements
relating to acquisition of practical experience in nursing
or midwifery as the Council may prescribe;
(c) produced evidence to the satisfaction of the Council
that he is registered or that he has been and is still
entitled to be registered as a nurse or a midwife in any
country prescribed in regulations made under this Act;
(d) produced evidence to the satisfaction of the Council
that he is registered as a nurse or a midwife in any
country which is not prescribed in regulations made
under this Act, but is a country in which there was at
the material time a law for the registration of nurses or
midwives; or
Register and Roll
of nurses and
midwives
Eligibility for
registration or
enrolment

material time a law for the registration of nurses or
midwives; or
Register and Roll
of nurses and
midwives
Eligibility for
registration or
enrolment

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340
(e) produced evidence to the satisfaction of the Council
that he-
(i) is a person of good conduct; and
(ii) has successfully completed a course of training as a
nurse of not less than three years or a midwife for
a duration of not less than one year in a country in
which there was at the material time no law for the
registration of nurses or midwives, and the Council
is satisfied that the standard of such training is not
inferior to the standard adopted by the Council. (2) Where in either of the cases referred to in subsection (1)
(c), (d) and (e)(ii) the Council is not satisfied with evidence
provided therein, the person seeking registration shall be
required to pass the examinations as the Council may direct.

is not satisfied with evidence
provided therein, the person seeking registration shall be
required to pass the examinations as the Council may direct.

(3) A person shall be entitled to be enrolled as a nurse or
midwife if he has-
(a) successfully completed a course of nursing for a duration of
not less than two years at an approved nursing institution
or a course of midwifery for duration of not less than one
year at an approved nursing or midwifery school; or
(b) produces evidence to the satisfaction of the Council
that he is certified or enrolled or that he has been and
is still entitled to be certified or enrolled as a nurse or
midwife in any country prescribed in regulations made
under this Act. 16.–(1) Where a person who is not ordinarily a resident of
Tanzania satisfies the Council that he-
(a) is or intends to be employed in Tanzania in the capacity
of registered nurse or a midwife in a hospital or other
institution; and
(b) is the holder of a qualification which is recognised
by the Council as furnishing a sufficient guarantee of
possession of the required knowledge and skill for the
efficient practice of nursing or midwifery,
the Council may, if it considers fit, give direction that he shall
be temporarily registered under this section. Temporary
registration

or midwifery,
the Council may, if it considers fit, give direction that he shall
be temporarily registered under this section. Temporary
registration

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
(2) Subject to subsection (1), termination of registration shall
automatically cease upon termination of such employment. (3) A person registered under this section shall, in
relation to the employment as mentioned in paragraph (a) of
subsection (1) and to things done or omitted to be done in the
course thereof, be treated as fully registered nurse or registered
midwife under this Act. 17.–(1) A person who is not entitled to be registered as a nurse
or a midwife on the ground of insufficient practical experience
referred to in section 15(l)(b), shall, if he produces evidence
satisfactory to the Council that he has been selected for
internship in a hospital recognised by the Council for purposes
of this section and that such internship provides the required
practical experience, be entitled to be provisionally registered. (2) A person who obtains a provisional registration shall,
upon payment of a prescribed fee, be issued with a certificate
of provisional registration.

(2) A person who obtains a provisional registration shall,
upon payment of a prescribed fee, be issued with a certificate
of provisional registration.

(3) A provisionally registered nurse or midwife shall be
deemed to be registered as far as it is necessary, to enable him
to be employed for the purpose of this section in a supervised
nursing capacity in such hospital recognised by the Council
specified in the certificate of provisional registration and to
carry out, under supervision in such hospital, any duties and
responsibilities of a registered nurse or a midwife. 18.–(1) The Council may strike off from the relevant Register
or Roll any name of any registered or enrolled person who fails
to comply with the provisions of this Act. (2) A person who has been stricken off from the Register or
Roll shall not be employed or practice as a nurse or a midwife. 19.–(1) A person whose name has been removed from the Register
or Roll under the provisions of this Act shall, within three months
or upon being notified of such order, surrender to the Council
any certificate and licence issued to him by the Council. Provisional
registration
Removal from
Register or Roll
Surrender of
certificate on
removal of name
from Register or
Roll

issued to him by the Council. Provisional
registration
Removal from
Register or Roll
Surrender of
certificate on
removal of name
from Register or
Roll

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342
(2) A person who contravenes the provisions of
subsection (1) commits an offence and on conviction, shall
be liable to a fine of not exceeding five hundred thousand
shillings or to imprisonment for a term not exceeding two
years or to both. 20. The Council may, on application of the person whose name
has been removed from the Register or Roll, after the expiration
of a prescribed period, cause the name of that person to be
restored in the Register or Roll upon payment of a prescribed
fee and fulfilment of other prescribed conditions. 21.–(1) The Registrar shall, in addition to registration or
enrolment, issue the licence to a registered or enrolled nurse
or midwife. (2) Licences and certificates of all kinds shall be in the
prescribed form and shall be subject to renewal as may be
prescribed by the Council.

dwife. (2) Licences and certificates of all kinds shall be in the
prescribed form and shall be subject to renewal as may be
prescribed by the Council.

PART V
REGISTRATION AND LICENSING
FOR PRIVATE PRACTICE
22.–(1) A registered nurse or midwife who has served in a
recognised health facility for a period of not less than three
years and intends to engage in private practice shall apply to
the Council in the prescribed manner for registration and a
licence to establish and operate private nursing or maternity
services. (2) The Council may, if satisfied that the applicant possesses
the necessary qualifications and after making inspection and
receiving the prescribed fee, authorise the registration and
issuance of a licence in respect of the nursing or maternity
service with or without any conditions as the Council may
deem necessary. Restoration
of name after
removal
Licence to
practice nursing
or midwife
Qualifications for
engagement in
private practice

Council may
deem necessary. Restoration
of name after
removal
Licence to
practice nursing
or midwife
Qualifications for
engagement in
private practice

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.343
THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
23.–(1) A person who intends to establish a private nursing,
maternity services or a maternity homes to be operated by
a licensed nurse or midwife shall apply to the Council for
registration and licensing. (2) The Council shall not register a nursing or maternity
services or a maternity homes under subsection (1) unless
the Registrar is satisfied that there is a licensed nurse or
midwife employed on a full time basis to operate the nursing
or maternity service and who will be responsible to oversee
professional issues. 24. The Registrar, a supervisory authority or any person
authorised by the Council may, for purposes of ensuring
that the provisions of this Act are complied with, enter upon
and inspect any nursing, maternity home, clinic or school of
nursing or midwifery. PART VI
DISCIPLINARY PROVISIONS
25.–(1) The Registrar shall, on behalf of the Council, receive
complaints against any nurse or midwife on unfitness to
practise and present such complaints to the Council.

shall, on behalf of the Council, receive
complaints against any nurse or midwife on unfitness to
practise and present such complaints to the Council.

(2) For the purpose of this section, “unfitness to practise”
means a person whose fitness to practice is impaired by
reason of -
(a) professional misconduct;
(b) lack of competence;
(c) a conviction for criminal offence;
(d) his physical or mental health is impaired; or
(e) a determination by a Medical Board in Tanzania or any
other licensing body responsible for health regulation
in any other jurisdiction. Registration
and licensing of
private nursing,
maternity
services or
maternity homes
Inspection of
private nursing or
maternity homes,
clinics and
schools
Receipt of
complaint by
Registrar

nursing,
maternity
services or
maternity homes
Inspection of
private nursing or
maternity homes,
clinics and
schools
Receipt of
complaint by
Registrar

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nia. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E.

2023]
344
(3) For the purpose of subsection (2), the term “professional
misconduct” shall be construed as, but not limited to
professional-
(a) contravening a provision of this Act or the regulations;
(b) failing to abide by terms, conditions or limitations of a
licence as an enrolled or registered nurse or midwife;
(c) abusing a client verbally, physically, sexually or
emotionally;
(d) having conflict of interest which affects the client and
practitioner relationship;
(e) influencing a client to change his will, advance health
care directive or power of attorney;
(f) abandoning a client who is in need of attention;
(g) misappropriating drugs or other property belonging to
a client or an employer;
(h) failing to report the incompetence, negligence or
professional misconduct of a colleague whose actions
endanger the health of a client;
(i) failure to exercise discretion in respect of the disclosure
of confidential information about the client;
(j) falsifying a record in respect of the observation or
treatment of a client;
(k) failing to maintain the standards of practice and the
code of ethics of the profession; and
(l) any conduct or an act relevant to the performance of
service that, having regard to all the circumstances,
would, reasonably be regarded by the profession as
dishonourable, unprofessional or injurious to a client
care.

aving regard to all the circumstances,
would, reasonably be regarded by the profession as
dishonourable, unprofessional or injurious to a client
care.

(4) A complaint under this section shall be accompanied
by a written statement made by a complainant, or any person
acting on behalf of complainant or by a person interested in
the act or omission giving rise to complaint. (5) Notwithstanding the provisions of subsection (4), the
Council may, on its own motion, initiate any preliminary
inquiry on a nurse or midwife if it is satisfied that information

ions of subsection (4), the
Council may, on its own motion, initiate any preliminary
inquiry on a nurse or midwife if it is satisfied that information

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.345
THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
received by the Council warrants holding a preliminary
inquiry. (6) Except for complaints arising as a result of misconduct
referred to under subsection (3), no inquiry shall proceed
unless a statutory declaration by the complainant has been
obtained. 26. The conduct of a registered or an enrolled nurse or midwife
may be the subject of inquiry by the Council if the nurse or
midwife is-
(a) convicted of an offence under this Act;
(b) convicted of criminal offence involving dishonesty or
fraud or moral turpitude; or
(c) alleged to have committed any malpractice, negligence
or serious professional misconduct or disobeying any
regulation or directive made under this Act. 27.–(1) The Council shall, where it is of the opinion that
a prima facie case has been established by the complainant,
direct that an inquiry be held. (2) The Council shall give opportunity to a nurse or a
midwife against whom misconduct is alleged, to appear
before the Council to be heard, and may be represented by an
advocate.

portunity to a nurse or a
midwife against whom misconduct is alleged, to appear
before the Council to be heard, and may be represented by an
advocate.

(3) The Council may, where at the time and place fixed
for the inquiry, the nurse or midwife subjected to an inquiry,
fails without reasonable excuse to appear and the Council is
satisfied that notice was dully served, proceed with the inquiry
as if the nurse or the midwife were present. 28.–(1) The Council may, upon receipt of-
(a) a complaint against a nurse or midwife; or
(b) a report from a supervisory authority,
temporarily suspend a nurse or midwife from practicing
pending the conduct or completion of inquiry. (2) On completion of inquiry, the Council may suspend,
confirm, extend or reduce the temporary suspension. Inquiry by
Council
Procedure for
inquiry
Disciplinary
powers of Council

, the Council may suspend,
confirm, extend or reduce the temporary suspension. Inquiry by
Council
Procedure for
inquiry
Disciplinary
powers of Council

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346
(3) The Council after due inquiry made in accordance with
the provisions of this Act may-
(a) order the removal of the name of the nurse or midwife
from the Register or Roll;
(b) order the suspension from practice of the nurse or
midwife for a period that it may deem fit; or
(c) caution, censure or otherwise reprimand the nurse or
midwife. (4) A punishment other than an interim or temporary
suspension may not be imposed upon a nurse or a midwife
or in respect of a nursing, maternity home, clinic or school of
nursing or midwifery unless due inquiry is made. (5) Within seven days after the determination of an inquiry,
the Registrar shall communicate the decision of the Council to
the parties. 29. The Council shall have power to summon witness and call
for the production of documents for the purpose of inquiry
conducted under this Act.

ties. 29. The Council shall have power to summon witness and call
for the production of documents for the purpose of inquiry
conducted under this Act.

30.–(1) A person who having been served with a summons to
attend and give evidence or to produce any document at any
inquiry held under the provisions of this Act-
(a) fails without reasonable cause to obey summons;
(b) refuses without reasonable cause to answer questions
put to him by the Council; or
(c) wilfully interrupts the proceedings of the Council or
insults any member of the Council,
commits an offence. (2) A person giving evidence before the Council shall, in
respect of any evidence given by him or any other document
produced by him, be entitled to all privileges which he would
have been entitled to as a witness before the court of law. 31.–(1) A person who is aggrieved by the decision of the
Council may, within three months from the date of notification
of the decision, appeal to the Minister. Power to summon
witnesses
Disobedience of
summons and
refusal to give
evidence
Appeal against
decision of
Council

he decision, appeal to the Minister. Power to summon
witnesses
Disobedience of
summons and
refusal to give
evidence
Appeal against
decision of
Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.347
THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
(2) The Minister may dismiss or allow any appeal or alter or
vary the decision of the Council or make any order, as he deems fit. 32.–(1) The Minister shall, within one month after determination
of the appeal, serve a notice of such determination to the
concerned person. (2) A person aggrieved by the decision of the Minister may,
within three months, refer the matter to the High Court. PART VII
FINANCIAL PROVISIONS
33.–(1) The funds and resources of the Council shall consist
of-
(a) money appropriated by the Parliament;
(b) grants, gifts and donations;
(c) fees paid for services rendered by the Council; and
(d) money that may, in any manner become payable to or
vested in the Council in pursuance of the provisions of
this Act or in relation or incidental to the carrying out
of its functions. (2) The funds and resources of the Council shall be applied
for the purpose for which the Council is established and in
accordance with the directions of the Council.

d resources of the Council shall be applied
for the purpose for which the Council is established and in
accordance with the directions of the Council.

(3) The Council shall open and maintain a bank account in
a bank determined by the Council, and the account shall be
maintained as may be determined by the Council. 34. The financial year of the Council shall be twelve months
beginning the 1st day of July and ending on the 30th day of June. 35.–(1) The Council shall, within six months before the end
of each financial year, prepare and submit to the Minister for
his approval, estimates of its income and expenditure for the
ensuing year. (2) An expenditure shall not be made out of the funds of
the Council unless that expenditure is part of expenditure
approved by the Minister. Appeals
Funds of Council
Financial year
Estimates

of the funds of
the Council unless that expenditure is part of expenditure
approved by the Minister. Appeals
Funds of Council
Financial year
Estimates

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348
36.–(1) The Council shall keep proper books of accounts and
shall prepare the annual financial statements of accounts for
the proceeding financial year not later than three months after
the following year. (2) The annual accounts of the Council shall be audited by
the Controller and Auditor-General. (3) The Council shall within three months after the end of
each financial year submit-
(a) to the Minister an annual report in respect of that year
containing-
(i) financial statements;
(ii) a report on the operations of the Council; and
(iii) any other information that the Minister may, prior
to the completion of the annual report or otherwise
supplementary thereto, direct in writing; and
(b) to the Controller and Auditor-General-
(i) the accounts of the Council for that financial
year; and
(ii) the annual report referred to under paragraph (a).

e Controller and Auditor-General-
(i) the accounts of the Council for that financial
year; and
(ii) the annual report referred to under paragraph (a).

(4) The Controller and Auditor-General shall audit the
accounts of the Council within two months of the receipt
thereof and submit his opinion on the accounts and the annual
report to the Minister and the Council. (5) The Minister shall table copies of the annual report
together with a copy of the audited accounts before the
National Assembly at the first available opportunity after
receipt of them. 37. Subject to the provisions of this Act, fees shall be charged
for every registration including temporary registration,
provisional registration, full registration, enrolment,
registration of a school of nursing or midwifery, registration
of private nursing, maternity home or clinic, registration of
nursing or midwifery school or for the issuance of licences
or permits. Accounts and
Audit
Fees

ate nursing, maternity home or clinic, registration of
nursing or midwifery school or for the issuance of licences
or permits. Accounts and
Audit
Fees

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.349
THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
PART VIII
OFFENCES AND PENALTIES
38.–(1) A person who-
(a) practices nursing as a licensed nurse without a valid
licence;
(b) having been suspended from practice as a nurse or
midwife by an order of the Council, habitually or for
gain practices as a nurse or midwife; or
(c) disobeys any order or directive of the Council,
commits an offence and on conviction, shall be liable to a fine
not less than one million shillings and not more than three
million shillings or to imprisonment for a term not exceeding
five years or to both. (2) Where a person is convicted of an offence under this
section, the court may order any drugs, poison, medicines,
needles, syringes or surgical, medical, dental or diagnostic
instruments or appliances used by or belonging to or found
in the possession of the person convicted, to be forfeited,
destroyed or otherwise disposed of. 39.

nts or appliances used by or belonging to or found
in the possession of the person convicted, to be forfeited,
destroyed or otherwise disposed of. 39.

A person who-
(a) procures or attempts to procure registration,
enrolment, or a licence by making or causing to be
made or producing any false or fraudulent statement
or document;
(b) deliberately makes or causes to be made any falsification
in any matter relating to the Register or Roll; or
(c) assists or aids that person therein,
commits an offence and on conviction, shall be liable to a
fine not less than five hundred thousand shillings and not
exceeding two million shillings or to imprisonment for a term
of three years or to both. 40. A person or institution commencing a nursing, maternity
home or clinic, without approval of the Council, commits
Penalty for illegal
practice
Penalty for
illegal procuring
of registration
through false
statement or
document
Penalty for
commencing
private practice
without Council’s
approval

e
Penalty for
illegal procuring
of registration
through false
statement or
document
Penalty for
commencing
private practice
without Council’s
approval

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
350
an offence and on conviction, shall be liable to a fine not less
than three hundred thousand shillings and not exceeding two
million shillings or to imprisonment for a term not exceeding
five years or to both. 41. A person or institution commencing a nursing or midwifery
training school or purporting to train any cadre of nurses or
midwives without approval of the Council, commits an offence
and on conviction, shall be liable to a fine not less than three
million shillings and not more than five million shillings or to
imprisonment for a term not exceeding five years or to both. 42. A person who impersonates, misrepresents, falsely
assumes, uses and, or becomes known by names, titles,
uniforms or distinctions of registered or enrolled nurse or
midwife commits an offence and on conviction, shall be liable
to a fine not less than five hundred thousand shillings and not
exceeding two million shillings or to imprisonment for a term
not exceeding twelve months or to both. 43.

than five hundred thousand shillings and not
exceeding two million shillings or to imprisonment for a term
not exceeding twelve months or to both. 43.

A person who commits an offence under section 30 of this
Act on conviction, shall be liable to a fine not less than three
hundred thousand shillings and not exceeding one million
shillings or to imprisonment for a term not exceeding six
months or to both. 44. A person who knowingly employs any person to practice
nursing as a registered or enrolled nurse who is not licensed,
commits an offence and on conviction, shall be liable to a fine
not less than one million shillings or to imprisonment for a
period not exceeding six months or to both. 45. A person who assists or aids another person to commit
any offence under this Act commits an offence and on
conviction, shall be liable to a fine not less than five hundred
thousand shillings and not exceeding one million shillings or to
imprisonment for a term not exceeding three years or to both. Penalty for
commencing
school of nursing
or midwifery
without Council’s
approval
Penalty for
impersonation,
misrepresentation,
false assumptions
and use of titles
Penalty for
refusal to answer
summons,
questions and
interrupting
proceedings of
Council
Knowingly
employing person
not licensed
Penalty for
assisting or aiding
commission of
offence

mmons,
questions and
interrupting
proceedings of
Council
Knowingly
employing person
not licensed
Penalty for
assisting or aiding
commission of
offence

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.351
THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
PART IX
MISCELLANEOUS PROVISIONS
46. A notification required to be given or issued by Council
to any person shall be sufficiently given if sent by registered
post to that person at his last known address or his last address
as contained in the register, and the time of receipt shall be
deemed, unless the contrary is shown, to be the time at which
such notification would have arrived in the ordinary course of
post to such address. 47. A matter or thing done by any member of the Council or
its Committee or the Council shall not, if done in good faith
in the execution or purported execution of the functions of
the Council or Committee, render such member or employee
personally liable for such matter or thing. 48.

on or purported execution of the functions of
the Council or Committee, render such member or employee
personally liable for such matter or thing. 48.

Subject to the provisions of this Act, the Minister may,
upon the advice of the Council, make rules generally for the
better carrying out of the provisions of this Act and any such
rules may-
(a) prescribe anything which is permitted or requires to be
prescribed under this Act:
(b) provide for any matters in respect of which rules may
be made under this Act; and
(c) provide for the procedure to be followed by the Council
in any inquiry under this Act. 49.–(1) The Minister may, upon the advice of the Council,
make regulations for better carrying out of the provisions of
this Act. (2) Without prejudice to the generality of subsection (1),
the Minister may make regulations to-
(a) set procedures for the administration of nurses and
midwives’ ethics;
(b) prescribe the form of the Register or Roll of nurses
and midwives, the parts into which the same is to be
divided and any particulars to be entered therein;
Notification
Indemnity for
bona fide acts
Power to make
rules
Power to make
regulations

me is to be
divided and any particulars to be entered therein;
Notification
Indemnity for
bona fide acts
Power to make
rules
Power to make
regulations

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2023]
352
(c) regulate the manner in which applications for
registration or enrolment as a nurse or midwife shall
be made;
(d) prescribe countries having qualifications for the
licensure of nurses or midwives recognised by the
Council;
(e) impose conditions with regard to the inclusion in
the Register or Roll or any part thereof for nurses or
midwives;
(f) regulate the private practice of licensed nurses or
midwives;
(g) prescribe the manner in which nurses or midwives
may be suspended from practice and the manner
in which such names of nurses or midwives may be
removed from the Register or Roll and the procedure
for termination or suspension and restoration to the
Register or Roll for the name of the nurses or midwives
removed therefrom;
(h) impose conditions with regard to the issuance of
licences to nurses and midwives;
(i) prescribe modification to the titles to be used by
registered and enrolled nurses and midwives;
(j) prescribe the particulars required to be given, in any
notification or notice given or issued under this Act;
(k) prescribe the fees to be collected under this Act; and
(l) prescribe any other matter which is to be or may be
prescribed under this Act.

his Act;
(k) prescribe the fees to be collected under this Act; and
(l) prescribe any other matter which is to be or may be
prescribed under this Act.

50.–(1) [Repeals the Nurses and Midwives Registration Act.]
(2) Notwithstanding the repeal made under subsection (1),
anything done or any action taken or purported to have been
done under the repealed Act shall in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been done or
taken under the corresponding provisions of this Act. (3) All subsidiary legislation made or issued under the
repealed Act which are in force on the commencement of this
Repeal and
savings
Act No. 12 of 1997

All subsidiary legislation made or issued under the
repealed Act which are in force on the commencement of this
Repeal and
savings
Act No. 12 of 1997

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THE NURSING AND MIDWIFERY ACT [CAP. 325 R.E. 2023]
Act, shall be deemed to have been made, given or issued under
or in pursuance of the provisions of this Act and shall remain
in force until revoked or suspended by subsidiary legislation
made or issued under this Act. SCHEDULE
(Made under section 5(4))
PROVISIONS RELATING TO THE COUNCIL
1. Members of the Council shall elect one of their members to be the
Vice Chairman who shall, subject to his continuing to be a member,
hold office for a term of one year from the date of his election and may
be eligible for re-election. 2.–(1) A member of the Council shall hold office for a term not
exceeding three years from the date of his appointment and may be
eligible for re-appointment;
Provided that, except for appointment of the head of the nursing and
midwifery service, a member shall not be reappointed for a third term. (2) In the case of a member who is a member by the virtue of his
holding some other office, he shall cease to be a member upon his
ceasing to hold that other office.

of a member who is a member by the virtue of his
holding some other office, he shall cease to be a member upon his
ceasing to hold that other office.

(3) A member appointed may, at any time, resign his office by notice
in writing to the appointing authority. (4) Notwithstanding the foregoing provisions, the appointing
authority may at any lime revoke an appointment of a member. (5) Where a member of the Council who is a member by the virtue of
his office is unable for any reason to attend any meeting of the Council,
he may nominate in writing another person from his institution to
attend the meeting in his behalf. (6) Where any vacancy occurs in the membership of the Council
by any reason of any member thereof or otherwise, the appointing
authority may appoint another person to fill that vacancy and the
person so appointed shall hold office for the unexpired period of office
of the member in whose place is appointed. 3.–(1) The Council shall ordinarily meet for the transaction of its
business at the times and places determined by it but it shall meet at
least once every three months. (2) The Chairman or in his absence the Vice Chairman, shall preside
at every meeting of the Council and in the absence of both of them, the
members present shall appoint one of their number to preside over the
meeting.

at every meeting of the Council and in the absence of both of them, the
members present shall appoint one of their number to preside over the
meeting.

Vice Chairman
Tenure for
appointment
Meeting Council

Vice Chairman
Tenure for
appointment
Meeting Council

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354
(3) A member who fails to attend three consecutive meetings of the
Council without leave of the Chairman shall cease to become a member
of the Council. 4. The secretary to the Council shall give each member adequate notice
of the time and place of every meeting and shall keep record of the
proceedings of every meeting of the Council. 5. The quorum at any meeting of the Council shall be one half of the
total number of members of the Council and where there is an even
number of members, it shall be the whole next number above half. 6.–(1) The matter proposed at the meeting of the Council shall be
decided by a majority of the votes of the members present and voting
and in the event of an equality of votes, the person presiding shall have
a casting vote in addition to his normal or deliberative vote.

nt and voting
and in the event of an equality of votes, the person presiding shall have
a casting vote in addition to his normal or deliberative vote.

(2) Notwithstanding subparagraph (1), a decision may be made by
the Council without a meeting by way of circulation of the relevant
papers among the members, and the expression in writing of the views
of the majority of members. 7.–(1) The Council shall cause to be recorded and kept minutes of all
business conducted or transacted at its meetings and the minutes of
each meeting of the Council shall be read and confirmed or amended
and confirmed at the next meeting and signed by the person presiding
at the meeting. (2) Minutes signed or purporting to have been signed by the person
presiding at the meeting of the Council shall in absence of proof of
error be deemed to be a correct record of the meeting whose minutes
they purport to be. 8. An act or proceeding of the Council shall not be invalid by reason
only of any vacancy among its members or defeat in the appointment
of any of them. 9. All orders, direction, notices or other documents made or issued on
behalf of the Council shall be signed by-
(a) the Chairman of the Council; and
(b) the Registrar or any other officer of the Council appointed in
writing in that behalf by the Registrar. 10.

-
(a) the Chairman of the Council; and
(b) the Registrar or any other officer of the Council appointed in
writing in that behalf by the Registrar. 10.

Subject to the provisions of this Schedule the Council shall regulate
its own proceedings. Notice of meeting
Quorum
Decision of
Council
Council to
confirm minutes
of its meetings
Vacancies etc,. not to invalidate
proceedings
Orders, direction
etc,. Council to
regulate its own
proceedings