Nurses Act, 1985

Erasure or suspension of registration from register for professional misconduct, unfitness to practise or failure to pay retention fee.

39.—(1) Where a nurse—

(a) has been found, by the Fitness to Practise Committee, on the basis of an inquiry and report pursuant to section 38 of this Act, to be guilty of professional misconduct or to be unfit to engage in the practice of nursing because of physical or mental disability, or

(b) has failed to pay a retention fee charged by the Board after the Board had, not less than two months previously by notice in writing sent by pre-paid post to the person, at his address as stated in the register, requested payment of the fee on more than one occasion,

the Board may decide that the name of such person should be erased from the register or that, during a period of specified duration, registration of the person's name in the register should not have effect.

(2) On making a decision under this section, the Board shall forthwith send by pre-paid post to the person to whom the decision relates, at his address as stated in the register, a notice in writing stating the decision, the date thereof and the reasons therefor.

(3) A person to whom a decision under this section relates may, within the period of 21 days, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if such person so applies—

(a) the High Court, on the hearing of the application, may—

(i) cancel the decision, or

(ii) declare that it was proper for the Board to make a decision under this section in relation to such person and either (as the Court may consider proper) direct the Board to erase such person's name from the register or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of the person's name in the register shall not have effect, or

(iii) give such other directions to the Board as the Court thinks proper,

(b) if at any time the Board satisfies the High Court that such person has delayed unduly in proceeding with the application, the High Court shall, unless it sees good reason to the contrary, declare that it was proper for the Board to make a decision under this section in relation to such person and either (as the Court may consider proper) direct the Board to erase the person's name from the register or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of the person's name in the register shall not have effect,

(c) the High Court may direct how the costs of the application are to be borne.

(4) Where a person to whom a decision of the Board under this section relates does not, within the period of 21 days beginning on the date of the decision, apply to the High Court for cancellation of the decision, the Board may apply ex parte to the High Court for confirmation of the decision and, if the Board so applies, the High Court, on the hearing of the application shall, unless it sees good reason to the contrary, declare accordingly and either (as the Court may consider proper) direct the Board to erase the name of such person from the register or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of the person's name in the register shall not have effect.

(5) The decision of the High Court on an application under this section shall be final, save that, by leave of that Court or the Supreme Court, an appeal, by the Board or the person concerned, from the decision shall lie to the Supreme Court on a specified question of law.

(6) (a) On erasing the name of a person from the register under this section, the Board shall forthwith send by pre-paid post to such person, at his address as stated in the register, notice in writing of the erasure.

(b) Where a direction is given under this section that during a specified period registration of the name of a person in the register shall not have effect, the Board shall, before the commencement of that period, send by pre-paid post to such person, at his address as stated in the register, notice in writing of such direction.

(7) The name of any person which has been erased from the register under this section may at any time be restored to that register by direction of the Board but not otherwise, and when a person's name is so restored to that register, the Board may attach to the restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person for registration if he was then being registered for the first time) as the Board thinks fit.

(8) Where the registration of a person in the register has ceased to have effect under this section for a period of specified duration, the Board may, if it so thinks fit, on application made to it by such person, by direction terminate the suspension.

(9) On the hearing of an application under this section, the High Court may, if it thinks proper to do so, admit and have regard to evidence of any person of standing in the nursing profession as to what is professional misconduct.