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Undertakings and consents
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163. The Act of 2011 is amended by the insertion of the following section after section 57:
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“57A. (1) The Preliminary Proceedings Committee may request the registered nurse or registered midwife the subject of the complaint to do one or more than one of the following:
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(a) if appropriate, undertake not to repeat the conduct the subject of the complaint;
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(b) pursuant to section 87(2), demonstrate her or his relevant competencies to the satisfaction of the Board;
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(c) take such steps as may be specified by the Board, which may include taking a course of education or training or gaining clinical practical experience for the express purpose of updating her or his skills and knowledge;
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(d) consent to undergo medical treatment;
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(e) consent to being censured by the Board.
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(2) Where a registered nurse or registered midwife gives an undertaking or consent the subject of a request under subsection (1) by the Preliminary Proceedings Committee—
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(a) the investigation into the complaint shall be considered to be completed,
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(b) section 61 shall not apply to the complaint, and
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(c) the Committee shall submit to the Board a report in writing specifying—
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(i) the nature of the complaint that resulted in the investigation, and
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(ii) the measures included in the undertaking or consent.
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(3) Where a registered nurse or registered midwife refuses to give an undertaking or consent the subject of a request under subsection (1), the Preliminary Proceedings Committee may proceed as if the request had not been made.”.
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