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Nurses and Midwives Act 2011

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Number 41 of 2011


NURSES AND MIDWIVES ACT 2011


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and general

Section

1. Short title and commencement.

2. Interpretation.

3. Regulations.

4. Repeal, revocation, etc.

5. Expenses.

PART 2

Bord Altranais agus Cnáimhseachais na hÉireann

6. Continuance in being of Board.

7. Seal of Board.

8. Object of Board.

9. Functions of Board.

10. Conferral of additional functions on Board.

11. Ministerial directions to Board.

12. Immunity.

13. Board’s power to make rules.

14. Board’s power to issue guidelines.

15. Co-operation with certain bodies.

16. Disclosure of information relating to offences.

17. Prohibition on unauthorised disclosure of information.

PART 3

Statement of Strategy, Business Plan and Annual Report of Board

18. Board to prepare and submit statement of strategy.

19. Publication and implementation of statement of strategy.

20. Board to prepare and forward business plan to Minister.

21. Board to submit annual report to Minister.

PART 4

Members, Committees and Employees of Board

22. Members of Board.

23. First meeting of Board under this Act.

24. Committees of Board.

25. Expenses of members of Board and committees.

26. Payment of allowances.

27. Removal of members of Board from office.

28. Chief executive officer.

29. Employees of Board.

30. Age limits.

31. Superannuation.

32. Membership of either House of Oireachtas by employee of Board.

33. Membership of European Parliament by employee of Board.

PART 5

Accounts and Finances of Board

34. Accounts of Board.

35. Power of Board to borrow.

36. Acceptance of gifts by Board.

37. Expenses of Board.

38. Fees that Board may charge.

PART 6

Registration and Practice

39. Unregistered nurses and midwives not to practise nursing, midwifery.

40. Prohibition on attending childbirth.

41. Circumstances in which practice permitted.

42. Designated titles.

43. Use of designated titles.

44. Offences and penalties.

45. Recovery of fees, etc.

46. Registers.

47. Transitional provisions applicable to registers.

48. Registration — general.

49. Registration in candidate register.

50. Application to have registration removed, etc.

51. Conditions attached to registration.

52. Refusal of registration, etc., and appeal to Court against Board’s decision.

53. Correction of registers.

54. Publication of registers.

PART 7

Complaints to Preliminary Proceedings Committee Concerning Registered Nurses and Registered Midwives

55. Complaints concerning registered nurses and registered midwives.

56. Persons to assist Preliminary Proceedings Committee.

57. Consideration of complaints by Preliminary Proceedings Committee.

58. If immediate suspension of registration is necessary to protect public.

59. No further action, or referral of complaint to another body or authority, etc.

60. Resolution of complaints by mediation or other informal means.

61. Referral of complaint to Fitness to Practise Committee.

PART 8

Complaints referred to Fitness to Practise Committee

62. Duty to notify registered nurse or registered midwife and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.

63. Conduct of hearing.

64. Powers and protections relating to witnesses and evidence.

65. If registered nurse or registered midwife consents to censure or remedial action, etc.

66. If complaint withdrawn during consideration by Fitness to Practise Committee.

67. Report to Board by Fitness to Practise Committee.

68. Steps to be taken by Board.

PART 9

Measures taken with regard to Registered Nurses and Registered Midwives following Reports of Fitness to Practise Committee

69. Duty of Board to decide on appropriate measures to be taken.

70. Provisions supplementary to section 69.

71. Duty to notify registered nurse or midwife of Board’s sanction.

72. Confirmation by Court required before certain decisions become effective.

73. Appeal to Court against Board’s decision under section 69.

74. Application to Court for confirmation of Board’s decision.

75. Evidence relating to appeal under section 73(1) or application under section 74(1) to Court.

76. Duty to notify registered nurse or registered midwife of compliance with decisions confirmed or given by Court.

77. Removal of registration for failure to pay fee.

78. Restoration, etc., of registration following payment of certain fees.

79. Restoration of registration which has been cancelled.

80. Removal of conditions attached to registration.

81. Appeal to Court against Board’s decision under section 79 or 80.

82. Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.

83. Information Board may publish in public interest.

PART 10

Education and Training

84. Duties of Health Service Executive in relation to education and training of nurses and midwives.

85. Duties of Board in relation to education and training of nurses and midwives.

86. Appeal to Court against Board’s decision under section 85(2)(a).

PART 11

Maintenance of Professional Competence

87. Duty of registered nurses and registered midwives to maintain professional competence.

88. Duty of registered nurses and registered midwives to demonstrate professional competence to satisfaction of Board.

89. Duty of Board in relation to maintenance of professional competence of registered nurses and registered midwives.

90. Duty of employers in relation to maintenance of professional competence of registered nurses and registered midwives.

91. Confidentiality.

PART 12

Dissolution of National Council for the Professional Development of Nursing and Midwifery

92. Interpretation of Part 12.

93. Dissolution of Council.

94. Transfer of rights and liabilities.

95. Transfer of property.

96. Final accounts.

97. Final report.

98. Pending legal proceedings.

99. Preservation of contracts and adaptation of references to Council.

100. Transfer of staff.

101. Transfer of records.

PART 13

Miscellaneous

102. Privilege.

103. Investigation.

104. Prosecution of offences.

105. Power to specify forms.

106. Construction of references.

107. Amendment of Freedom of Information Act 1997.

SCHEDULE

Board: Membership and Meetings


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Companies Act 1990

1990, No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Ethics in Public Office Act 1995

1995, No. 22

Ethics in Public Office Acts 1995 and 2001

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Freedom of Information Acts 1997 and 2003

Health Act 2004

2004, No. 42

Health Act 2007

2007, No. 23

Health and Social Care Professionals Act 2005

2005, No. 27

Local Government (Superannuation) Act 1980

1980, No. 8

Local Government Act 2001

2001, No. 37

Maternity Protection Acts 1994 and 2004

Medical Practitioners Act 2007

2007, No. 25

Minimum Notice and Terms of Employment Acts 1973 to 2005

Misuse of Drugs Acts 1977 and 1984

Nurses Act 1985

1985, No. 18

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Petty Sessions (Ireland) Act 1851

14 & 15 Vic, c. 93

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7

Redundancy Payments Acts 1967 to 2007

Standards in Public Office Act 2001

2001, No. 31

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007

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Number 41 of 2011


NURSES AND MIDWIVES ACT 2011


AN ACT FOR THE PURPOSE OF THE ENHANCEMENT OF THE PROTECTION OF THE PUBLIC IN ITS DEALINGS WITH NURSES AND MIDWIVES AND, FOR THAT PURPOSE, TO PROVIDE FOR A BOARD TO BE KNOWN AS BORD ALTRANAIS AGUS CNÁIMHSEACHAIS NA hÉIREANN, OR IN THE ENGLISH LANGUAGE, THE NURSING AND MIDWIFERY BOARD OF IRELAND, TO RECOGNISE MIDWIFERY AS A SEPARATE PROFESSION, TO PROVIDE FOR THE REGISTRATION, REGULATION AND CONTROL OF NURSES AND MIDWIVES, TO ENHANCE THE HIGH STANDARDS OF PROFESSIONAL EDUCATION, TRAINING AND COMPETENCE OF NURSES AND MIDWIVES, TO INVESTIGATE COMPLAINTS AGAINST NURSES AND MIDWIVES AND TO INCREASE THE PUBLIC ACCOUNTABILITY OF THE BOARD, TO DISSOLVE THE NATIONAL COUNCIL FOR THE PROFESSIONAL DEVELOPMENT OF NURSING AND MIDWIFERY, TO REPEAL THE NURSES ACT 1985 AND TO PROVIDE FOR RELATED MATTERS.

[21st December, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: