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Amendment of section 82 of Act of 2011
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177. Section 82 of the Act of 2011 is amended—
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(a) in subsection (1) —
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(i) by the substitution of “the Health Service Executive and such other persons as it thinks fit” for “the Minister and the Health Service Executive”, and
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(ii) by the substitution of the following paragraphs for paragraph (k):
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“(k) the censuring of a registered nurse or registered midwife;
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(l) the advisement or admonishment of a registered nurse or registered midwife.”,
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(b) in subsection (2) —
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(i) by the substitution of “paragraphs (a) to (l)” for “paragraphs (a) to (k)”,
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(ii) by the insertion of “if satisfied that it is in the public interest to do so and” after “shall,”, and
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(iii) by the deletion of “the Minister and”,
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(c) in subsection (3), by the insertion of “(if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so)” after “shall”, and
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(d) by the substitution of the following subsections for subsection (4):
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“(4) (a) Paragraph (b) applies where—
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(i) it comes to the Board’s attention that any measure referred to in subsection (1) has been taken in relation to a registered nurse or registered midwife, and
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(ii) the Board has reason to believe that—
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(I) the nurse or midwife is registered in another jurisdiction, and
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(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Board.
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(b) The Board shall give notice in writing to that body of that measure and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 67(1)).
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(5) (a) Paragraph (b) applies where—
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(i) it comes to the Board’s attention that any measure referred to in subsection (2) has been taken in relation to a registered nurse or registered midwife, and
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(ii) the Board has reason to believe that—
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(I) the nurse or midwife is registered in another jurisdiction, and
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(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Board.
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(b) The Board shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure.”.
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