Compliance
Can a clinic hire an ANM? Nurse registration in a small clinic What the Indian Nursing Council Act, 1947 and the NNMC Act, 2023 say about who may work as a nurse, and what the clinic must check.
The second person a growing OPD hires after the receptionist is usually a nurse or an ANM, and the first question is whether a clinic may employ one and what she may do. We read the Indian Nursing Council Act, 1947, the National Nursing and Midwifery Commission Act, 2023, the Indian Nursing Council's own pages on 30 October 2026 and regulation 6.4.2 of the 2002 ethics regulations, and set out the registration a clinic must see and how to write the scope.
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- Under section 11(1)(b) of the Indian Nursing Council Act, 1947, no person is entitled to be enrolled in a State register "as a nurse, midwife, auxiliary nurse-midwife, health visitor, or public health nurse unless he or she holds a recognised qualification". The state nursing council keeps the register; the clinic asks for the registration certificate and its validity.
- The National Nursing and Midwifery Commission Act, 2023 (No. 26 of 2023) will replace the 1947 Act, but section 1(2) brings it into force only by notification and in parts. Its section 27(1), the bar on practising without enrolment in the National or State Register, and section 56, the repeal of the 1947 Act, take effect only when notified; the Indian Nursing Council's site still describes the Council as constituted under the 1947 Act.
- Regulation 6.4.2 of the ethics regulations permits "payment of salaries by a qualified physician to other duly qualified person rendering medical care under his supervision". Supervision is the doctor's duty; what a nurse or ANM may do is set by her qualification and the state register, not by the clinic's appointment letter.
A clinic may hire a nurse or an ANM, provided she holds a qualification recognised by the Indian Nursing Council and is enrolled in the state nursing register, and provided she works under the doctor's supervision within the scope her qualification carries. The clinic's part is to see the registration certificate before the first shift, write the duties down, and keep every prescription in the registered medical practitioner's name. This post covers the registration law and what to put in writing; it does not list clinical procedures, because the law does not, and the state council and the training syllabus do.
Which law governs nurse registration in 2026?
The Indian Nursing Council Act, 1947 still does, with the National Nursing and Midwifery Commission Act, 2023 waiting in the wings. The 2023 Act was published in the Gazette of India on 12 August 2023 as Act No. 26 of 2023, and section 1(2) says it "shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act". Section 56(1) repeals the 1947 Act and dissolves the Indian Nursing Council "with effect from such date as the Central Government may appoint in this behalf". Section 26 (licence to practise and enrolment) and section 27 (bar to practice) likewise operate only from the date notified for them. On 30 October 2026 the Indian Nursing Council's website still describes the Council as "constituted by the Central Government under section 3(1) of the Indian Nursing Council Act, 1947" and runs the Nurses Registration and Tracking System as "A Live Register of Nurses". Until a notification brings sections 26, 27 and 56 into force, a clinic reads the 1947 Act and the state Nurses Act.
What registration must a nurse or ANM have?
Enrolment in the State register under a recognised qualification. Section 2(d) of the 1947 Act defines the "State register" as "a register of nurses, midwives or health visitors maintained under the law of a State". Section 11(1)(a) says "any recognised qualification shall be a sufficient qualification for enrolment in any State register", and section 11(1)(b) that "no person shall ... be entitled to be enrolled in any State register as a nurse, midwife, auxiliary nurse-midwife, health visitor, or public health nurse unless he or she holds a recognised qualification". So the ANM, the GNM and the BSc nurse are all registered persons under the same Act, each under her own qualification, and the State register entry shows which.
| Document | Why | Where it comes from |
|---|---|---|
| State nursing council registration certificate, with the category (ANM, GNM or RN/RM) and the validity date | Section 11(1)(b) of the 1947 Act ties enrolment to the recognised qualification; the certificate is the proof | The state nursing council; the Indian Nursing Council lists every state council on its site |
| The qualification certificate from a recognised institution | The register entry is made on it | The training institution and the examining board |
| NUID or NRTS enrolment, if she has one | The INC's Nurses Registration and Tracking System is described as a live register with a National Unique Identity number and licence renewal once in five years linked to continuing nursing education | nrts.indiannursingcouncil.gov.in |
| Renewal receipt, if the state council requires periodic renewal | A lapsed registration is a lapsed right to be called a registered nurse | The state council |
Verify with the state council, not with the candidate's photocopy alone. Most state councils publish a search or verification page; the Indian Nursing Council's list of state councils is the index. Keep a copy of the certificate and the verification in the staff file with the appointment letter; our post on the employment contract for clinic staff covers the letter.
What may a nurse or ANM do in a small clinic, and what may she not?
The law we read does not list procedures. The 2023 Act, in its definition of a nursing associate, says such a person "provides care for the sick and injured including those in need of nursing care in varied health settings within his authorised scope of practice", and defines a nurse as one who "has completed a formally recognised programme of basic, generalised nursing education" and "demonstrates competency in the practice of nursing". The scope is set by the qualification, the Indian Nursing Council's syllabus for that course and the state council's rules, and it is narrower for an ANM than for a GNM or BSc nurse. The clinic does not widen it by writing a longer duty list.
What the clinic can and must settle is supervision and the line around the doctor's own acts. Regulation 6.4.2 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 permits "payment of salaries by a qualified physician to other duly qualified person rendering medical care under his supervision"; the words "duly qualified" and "under his supervision" are both conditions. Regulation 1.4.1 requires "every physician" to display his registration number "in all his prescriptions, certificates, money receipts given to his patients", so prescriptions and certificates are written and signed by the registered medical practitioner. A nurse's notes in the record are hers; the diagnosis, the prescription and the certificate are the doctor's.
- Write the duties from the qualification outward: what the ANM or GNM syllabus and the state council say she is trained for, and nothing the clinic would like her to do beyond it. If in doubt, ask the state nursing council in writing.
- Name the supervising doctor in the appointment letter and the hours the doctor is present. A nurse alone at the clinic with no doctor reachable is the situation the "under his supervision" condition exists to prevent.
- Keep prescribing, certifying and the clinical decision with the doctor. The nurse may record, prepare and carry out what the doctor has ordered within her scope; the record shows who ordered and who carried out.
- For any task the clinic is unsure about, read the Indian Nursing Council's syllabus for the course and ask the state council. Do not take the answer from a job portal or a vendor blog.
The employment side
A nurse or ANM on the clinic's rolls is an employee for every labour-law count: the state minimum wage order's category for the job (several states list nurses and compounders by name), the Shops Act leave, the appointment letter, and the ten- and twenty-head thresholds for ESI, gratuity and provident fund. Our posts on minimum wages for clinic staff and PF and ESI for small clinics have the figures. She also signs the same confidentiality undertaking and attends the same privacy briefing as the front desk, because she sees more of the record than they do.
If the clinic is run by a doctor who has only just registered, the question of what the clinic itself may do comes first; our post on whether an MBBS doctor can open a clinic covers registration of the doctor and the establishment.
Questions
Can a clinic hire an ANM instead of a GNM nurse?
Yes, if she holds a recognised ANM qualification and is enrolled in the state register as an auxiliary nurse-midwife (Indian Nursing Council Act, 1947, s.11(1)(b)). Her scope is that of an ANM under her syllabus and the state council's rules, which is narrower than a GNM's; the clinic must not assign work outside it.
Is nurse registration required to work in a private clinic?
A person is a nurse, midwife or ANM in law by enrolment in the state register on a recognised qualification (1947 Act, s.11). Once the NNMC Act's section 27 is notified, practising nursing without enrolment in the National or State Register will carry imprisonment up to one year or a fine up to five lakh rupees. Hire only registered staff and keep the certificate on file.
Can a nurse write prescriptions at the clinic?
Prescriptions and certificates carry the registered medical practitioner's registration number under regulation 1.4.1 of the 2002 ethics regulations and are the physician's act. The nurse works "under his supervision" (regulation 6.4.2). Read the regulations and ask your state medical council for anything beyond that; this post gives no clinical guidance.
Has the National Nursing and Midwifery Commission replaced the Indian Nursing Council?
Not as on 30 October 2026 for registration purposes. The 2023 Act comes into force in parts by notification (s.1(2)); the repeal of the 1947 Act in s.56 takes effect only from a date the Central Government appoints, and the Indian Nursing Council's site still describes itself as constituted under the 1947 Act.
Sources
- Indian Nursing Council, The Indian Nursing Council Act, 1947 (Act No. XLVIII of 1947), as amended: ss.2(d), 10, 11 (accessed 30 Oct 2026)
- Ministry of Law and Justice, The National Nursing and Midwifery Commission Act, 2023 (No. 26 of 2023), Gazette of India Extraordinary, 12 Aug 2023: ss.1(2), 2(j), 2(s), 2(t), 26, 27, 56 (accessed 30 Oct 2026)
- Indian Nursing Council, home page (Council constituted under s.3(1) of the 1947 Act; NRTS described as a live register of nurses) and list of State Nursing Councils (accessed 30 Oct 2026)
- Indian Nursing Council, About the Nurses Registration and Tracking System (NUID, licence renewal once in five years linked with 150 hours of CNE) (accessed 30 Oct 2026)
- Medical Council of India, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, amended up to 8 Oct 2016: regulations 1.4.1, 6.4.2 (accessed 30 Oct 2026)
This is operational guidance for clinics, not legal or tax advice. Confirm with your state authority, council or CA.
Drafted with AI assistance; every fact checked against the sources listed; reviewed by the Vitels team.