SHARDA SCHOOL OF NURSING SCIENCE AND RESEARCH
ASSINGMENT ON:
NATIONAL NURSING AND MIDWIFERY COMISSION
SUBMITTED TO SUBMITTED BY
Dr.Imran Sir Minakshi gangwar
Associate Professor Msc 2nd year
SSNSR 2023399539
INTRODUCTION
An Act to provide for regulation and maintenance of standards of education and services by
nursing and midwifery professionals, assessment of institutions, maintenance of a National
Register and State Registers and creation of a system to improve access, research and
development and adoption of latest scientific advancement and for matters connected there with
or incidental there to.
the National Nursing and Midwifery Commission (NNMC) Act, 2023, significant
changes are anticipated in the scope of practice and autonomy for registered nurses
and midwives in India. However, alongside these anticipated advancements, concerns
have emerged regarding various aspects of the Act, necessitating critical examination.
In this article, we aim to explore expected changes in nursing education and service
and concerns about the NNMC Act, providing insights into the implications of the
NNMC Act on the regulation and advancement of the nursing and midwifery
profession in India. The Act is anticipated to introduce uniform standards, implement
entry and exit examinations, recognize midwifery as a distinct discipline, and
determine the scope of practice for nurses and midwives. Moreover, the
implementation of the Nurse Practitioner Program and guidelines for its limited
prescribing authority is anticipated.
Concerns exist regarding the composition of the commission and board members,
adequate stakeholder representation, lacking provisions for ensuring continued
competence, working conditions of nurses and midwives, nomenclature, integrating
new terms, and clearly defining roles. These concerns emphasize the need for viable
career pathways, uniform cadres, and a streamlined registration system, crucial for
advancing nursing and midwifery profession in India.
The coexistence of concerns and anticipation highlights the complexity of enacting
regulatory reforms in nursing and midwifery. Policymakers can lay the foundation for
a comprehensive, inclusive regulatory system that promotes excellence in nursing and
midwifery practice, ultimately benefiting both healthcare providers and patients.
NATIONAL NURSING AND MIDWIFERY COMMISSION
(1) The Central Government shall constitute a Commission, to be known as the National
Nursing and Midwifery Commission, with effect from such date as it may, by notification,
appoint, for exercising such powers and discharging such duties as are laid down under this Act.
(2) The National Commission shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold
and dispose of property, both movable and immovable, and to contract, and shall, by the said
name, sue or be sued.
(3) The head office of the National Commission shall be at New Delhi.
Composition of National Commission. The National Commission shall consist of a
Chairperson, sixteen ex officio Members and twelve Members as follows, namely:— (a) a
person having outstanding ability, proven administrative capacity and integrity and possessing a
postgraduate degree in nursing and midwifery profession from any University with experience of
not less than twenty years in the field of nursing and midwifery, out of which at least ten years
shall be as a nursing and midwifery leader, to be appointed by the Central Government—
Chairperson.
(b) one representative of the Department of Health and Family Welfare, Ministry of Health and
Family Welfare, not below the rank of Joint Secretary to the Government of India who is in-
charge of nursing and midwifery—Member, ex officio
(c) one representative of the Ministry of Defence not below the rank of Additional Director
General, Military Nursing Services to the Government of India in the Directorate General of
Armed Forces Medical Services—Member, ex officio
(d) one representative of the Directorate General of Health Services not below the rank of
Additional Director General—Member, ex officio
(e) one person representing the National Medical Commission not below the rank of Deputy
Secretary to the Government of India—Member, ex officio;
(f) President of each of the Autonomous Boards constituted under section 11—Members, ex
officio.
(g) three persons, not below the rank of Chief Nursing Officer or Nursing Superintendent of any
of the hospitals or Dean or Principal of College of Nursing, as the case may be, to be nominated
by the Central Government from Central Government hospitals or Nursing and Midwifery
Institutions of repute in such manner as may be prescribed—Members, ex officio.
Search-cumSelection Committee for appointment of Chairperson and Members of
National Commission.
The Central Government shall appoint—
(i) the Chairperson and Members referred to in clauses
(ii) the Secretary referred in sub-section
(2) of section 8; and (iii) the President and Members of Autonomous Boards referred in
sub-sections (3), (4) and (5) of section 12,
on the recommendations of a Search-cum-Selection Committee consisting of—
(a) the Secretary, Ministry of Health and Family Welfare—Chairperson;
(b) four nursing and midwifery experts possessing outstanding qualifications and
experience of not less than twenty-five years in the field of nursing and midwifery
education, public health nursing education and nursing health research, to be nominated
by the Central Government in such manner as may be prescribed—Members
(c) one person, possessing outstanding qualifications and experience of not less than
twenty-five years in the field of management or law or economics or science and
technology, to be nominated by the Central Government in such manner as may be
prescribed.
(d) an Additional Secretary or a Joint Secretary to the Government of India in-charge of
nursing in the Ministry of Health and Family Welfare, to be the Convenor—Member.
(2) The Central Government shall, within one month from the date of occurrence of any
vacancy, including by reason of death, resignation or removal of the Chairperson or
Secretary or a Member, or within three months before the end of tenure of the
Chairperson or Secretary or Member, make a reference to the Search-cum-Selection
Committee for filling up of the vacancy. (3) The Search-cum-Selection Committee shall
recommend a panel of at least three names for each vacancy.
(4) The Search-cum-Selection Committee shall, before recommending any person for
appointment of the Chairperson or Secretary or Member, satisfy itself that such person
does not have any financial or other interest which is likely to affect prejudicially his
functions as such Chairperson or Secretary or Member.
(5) No appointment of the Chairperson or Secretary or Member of the National
Commission or, as the case may be, the President or Member of the Autonomous Boards,
shall be invalid merely by reason of any vacancy or absence of a Member in the Search-
cum-Selection Committee.
Term of office and conditions of service of Chairperson and Members of National
Commission:
. (1) The Chairperson, Secretary and Members of the National Commission referred to in
clauses (i), (j), (k) and (l) of section 4, shall hold office for a term not exceeding four
years, as the Central Government may notify in this behalf, from the date on which they
enter upon their office and shall not be eligible for any extension or reappointment.
(2) A person who has completed the age of sixty-five years on the date of application
shall not be eligible for the post of Member of the National Commission.
(3) The term of office of an ex officio Member shall continue as long as such Member
holds the office by virtue of which he is a Member.
(4) Where a Member appointed to the National Commission under clause (i) or clause (j)
or clause (k) or clause (l) of section 4, is absent from three consecutive ordinary meetings
of the National Commission and the cause of such absence is not attributable to any valid
reason in the opinion of the National Commission, such Member shall be deemed to have
vacated the seat. (5) The Chairperson of the National Commission and the Members of
the National Commission referred to in clauses (i), (j), (k) and (l) of section 4, shall
receive such salaries or travelling and other allowances as may be prescribed.
)The Chairperson or a Member of the National Commission referred to in clauses (i), (j),
(k) and (l) of section 4, ceasing to hold office as such, shall not accept, for a period of two
years from the date of demitting such office, any employment, in any capacity including
as a consultant or an expert, in any private nursing and midwifery institution, whose
matter has been dealt with by such Chairperson or Member, either directly or indirectly
Provided that nothing contained herein shall be construed as preventing such person
from accepting an employment in a body or institution, including nursing and midwifery
institution, controlled or maintained by the Central Government or a State Government:
Provided further that nothing contained herein shall prevent the Central Government
from permitting the Chairperson or a Member of the National Commission to accept any
employment in any capacity, including as a consultant or expert in any private nursing
and midwifery institution whose matter has been dealt with by such Chairperson or
Member.
Removal of Chairperson or Member of National Commission. The Central Government may,
by order, remove from office, the Chairperson or any other Member of the National
Commission, who
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member;
or (d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a
Member; or (f) has so misused his position as to render his continuance in office prejudicial to the
public interest. (2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he
has been given a reasonable opportunity of being heard.
Secretary and other employees of National Commission. .
(1) There shall be a secretariat for the National Commission to be headed by a Secretary, to
be appointed by the Central Government in accordance with the provisions of section 5.
(2) The Secretary of the National Commission shall be a person of outstanding ability,
proven administrative capacity and integrity, possessing such qualifications and experience,
as may be prescribed.
(3) The Secretary shall hold the office for a term of four years and shall not be eligible for
any extension or reappointment.
(4) The Secretary shall also be the Member Secretary of each of the Autonomous Boards
constituted under section 11.
(5) The Secretary shall discharge such functions of the National Commission and that of
each of the Autonomous Boards constituted under section 11, as may be specified by
regulations.
(6) The National Commission may, for the optimum discharge of its functions under this
Act, appoint such officers, and other employees of the National Commission other than the
Secretary, as it considers necessary, against the posts created by the Central Government as
recommended by the National Commission.
(7) The salaries and allowances payable to and other terms and conditions of service of the
Secretary, officers and other employees of the National Commission shall be such, as may be
prescribed.
8)The National Commission may engage, in accordance with the procedure, such number of
experts, consultants and professionals of integrity and outstanding ability, as may be specified
by regulations, who have special knowledge of, and experience in such fields, including
nursing and midwifery education, public health nursing, management, health economics,
quality assurance, patient advocacy, nursing research, science and technology, administration,
finance, information technology, statistics, nursing informatics, accounts and law, as it deems
necessary, to assist the National Commission in the discharge of its functions under this Act.
(9) The National Commission may also invite, in accordance with the procedure, such
number of experts and domain specialists from foreign countries to the meetings of the
National Commission, as may be specified by regulations, who have special knowledge of
nursing and midwifery curriculum, practical training and pattern of examination including
licentiate examination of the relevant foreign country, as it deems necessary, to facilitate
global mobility and employability of registered professional.
Meetings of National Commission, administration, etc. .
(1) The National Commission shall meet at least once in every quarter at such time and place
as may be appointed by the Chairperson.
(2) The Chairperson shall preside over the meetings of the National Commission and if for
any reason the Chairperson is unable to attend such meeting, any other Member being the
President of an Autonomous Board, as may be nominated by the Chairperson, shall preside
over that meeting.
(3) Unless the procedure to be followed at the meetings of the National Commission is
otherwise provided by regulations, one-half of the total number of Members of the National
Commission including the Chairperson shall constitute the quorum at the meeting of the
National Commission and all the acts of the National Commission shall be decided by a
majority of the Members, present and voting and in the event of equality of votes, the
Chairperson, or in his absence, the President of the Autonomous Board nominated under sub-
section (2), shall have the casting vote.
(4) The general superintendence, direction and control of the administration of the National
Commission shall vest in the Chairperson.
(5) No act done by the National Commission shall be questioned on the ground of the
existence of a vacancy in, or a defect in the constitution of, the National Commission.
Powers and functions of National Commission. The National Commission shall take
all such steps as it may think fit for ensuring coordinated and integrated development of
education and maintenance of the standards of delivery of services, with periodic revisions, as
may be specified by regulations.
(2) The National Commission may make regulations for the purposes of performing the
following functions, namely:—
(a) to frame policies and regulate standards for the governance of nursing and midwifery
education and training;
(b) to regulate nursing and midwifery institutions, researches, professionals and associates;
(c) to identify and regulate any other category of nursing and midwifery profession;
(d) to provide basic standards of education, physical and instructional facilities, assessment,
examination, training, research, continuing professional education and maximum tuition fee
payable in respect of various categories;
(e) to provide standards for nursing and midwifery faculty and clinical facility in teaching
institutions; (f) to provide for a uniform mechanism for admission into the nursing and
midwifery institutions at various levels.
For the purposes of this clause, it is clarified that the authority as may be designated
by the Central Government shall make admissions into nursing Meetings of National
Commission, administration, etc. Powers and functions of National Commission.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY 9 and midwifery institutions in
such uniform manner at all India level, and the authority as may be designated by the
State Government shall make admissions in the same manner into nursing and
midwifery institutions at State level;
(g) to provide for a mechanism, either through final year undergraduate exam or
otherwise, to ensure adequate competence of the nursing and midwifery professionals
for enrolment in the National Register or State Register, as the case may be, and for
granting licence to practice as a nursing and midwifery professional;
(h) to collaborate with industry and other institutions for use of cutting-edge
technology and hybrid education to drive innovation and research in the field of
nursing and midwifery; (i) to integrate soft skills and elective courses in the
curriculum of nursing and midwifery qualifications and to take measures to enhance
skills and competency of registered professional for facilitating global mobility;
(j) to assess the nursing and midwifery requirements in healthcare, including human
resources for various healthcare settings, provide mechanisms for career development
pathways for all nursing and midwifery related cadres including appropriate lateral
entry as applicable and advise the Central Government on matters pertaining thereto;
(k) to ensure policies and codes to ensure observance of professional ethics in
nursing and midwifery profession and to promote ethical conduct during the
provision of care by nursing and midwifery professionals, including nursing
associates and midwifery associates;
(l) to promote, co-ordinate and frame guidelines and lay down policies for the proper
functioning of the National Commission, the Autonomous Boards, the Advisory
Council and the State Commissions;
(m) to ensure coordination among the Autonomous Boards;
(n) to take such measures, as may be necessary, to ensure compliance of the
guidelines framed and regulations made under this Act by the State Commissions for
their effective functioning;
(o) to exercise appellate jurisdiction with respect to the decisions of Autonomous
Boards; and (p) to perform such other functions as may be prescribed.
(3) The National Commission may delegate such of its functions, except the power to
make regulations, to the Autonomous Boards as it may deem necessary.
(4) The National Commission shall, at least once a year, hold a meeting with the
National Medical Commission, Pharmacy Council of India, National Commission for
Indian System of Medicine, National Commission for Homoeopathy and National
Commission for Allied and Healthcare Professions, or the corresponding National
Regulator for regulating the said professions, at such time and place as they mutually
appoint, to enhance the interface between different workforce categories in modern
system of medicine, develop consensus on issues and promote team based approach
to healthcare delivery.
(5) Every order and decision of the National Commission shall be authenticated by
the signature of its Secretary.
(6) The National Commission may delegate such of its powers of administrative and
financial matters, as it deems fit, to its Secretary.
(7) The National Commission may constitute sub-committees and delegate such of
its powers to such sub-committees as may be necessary to enable them to accomplish
specific tasks.
CONCLUSION
the National Nursing and Midwifery Commission (NNMC) Act, 2023, significant
changes are anticipated in the scope of practice and autonomy for registered nurses
and midwives in India. However, alongside these anticipated advancements, concerns
have emerged regarding various aspects of the Act, necessitating critical examination.
In this article, we aim to explore expected changes in nursing education and service
and concerns about the NNMC Act, providing insights into the implications of the
NNMC Act on the regulation and advancement of the nursing and midwifery
profession in India. The Act is anticipated to introduce uniform standards, implement
entry and exit examinations, recognize midwifery as a distinct discipline, and
determine the scope of practice for nurses and midwives. Moreover, the
implementation of the Nurse Practitioner Program and guidelines for its limited
prescribing authority is anticipated.
REFERENCES
https://prsindia.org/files/bills_acts/acts_parliament/2023/National%20Nu
rsing%20and%20Midwifery%20Commission%20Act,%202023.pdf
https://www.indiacode.nic.in/bitstream/123456789/19796/1/a2023-26.pdf
https://www.jkspmcresult.com/downloads/Nursing%20commission%20bi
ll%20compressed.pdf
https://mohfw.gov.in/sites/default/files/DraftNursingbill_0.pdf