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Prohibition on attending childbirth.
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40.— (1) No person shall, for reward, attend a woman in childbirth unless the person is—
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(a) a registered midwife who maintains adequate clinical indemnity insurance in accordance with the rules,
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(b) a registered medical practitioner,
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(c) a person undergoing training to be a registered medical practitioner or a registered midwife who gives such attention as part of a course of professional training, or
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(d) a person undergoing experience and training in obstetrics who gives such attention as part of a course of professional training.
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(2) Subsection (1) shall not apply where the attention is given in a case of sudden or urgent necessity where neither a registered midwife nor a registered medical practitioner is immediately available.
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(3) A person who contravenes this section is guilty of an offence under this section and is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both,
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(b) on conviction on indictment—
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(i) in the case of a first offence, to a fine not exceeding €65,000 or to imprisonment for a term not exceeding 5 years or both,
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(ii) in the case of any subsequent offence, to a fine not exceeding €160,000 or to imprisonment for a term not exceeding 10 years or both.
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