Nurses and Midwives Act 2011


Number 41 of 2011


NURSES AND MIDWIVES ACT 2011

REVISED

Updated to 25 June 2018


This Revised Act is an administrative consolidation of the Nurses and Midwives Act 2011. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, and all statutory instruments up to and including Nurses and Midwives (Registration) Rules 2018 (S.I. No. 221 of 2018), made 5 June 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.


Number 41 of 2011


NURSES AND MIDWIVES ACT 2011

REVISED

Updated to 25 June 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1985, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Freedom of Information Act 2014 (30/2014)

Competition and Consumer Protection Act 2014 (29/2014)

Health Identifiers Act 2014 (15/2014)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012)

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Nurses and Midwives (Registration) Rules 2018 (S.I. No. 221 of 2018)

Nurses and Midwives (Recognition of Professional Qualifications) Rules 2018 (S.I. No. 220 of 2018)

Nurses and Midwives (Register of Nurses and Midwives) Rules 2018 (S.I. No. 219 of 2018)

Nurses and Midwives (Education and Training) Rules 2018 (S.I. No. 218 of 2018)

Nurses and Midwives (Candidate Register) Rules 2018 (S.I. No. 217 of 2018)

Nurses and Midwives Act 2011 (Commencement) Order 2018 (S.I. No. 213 of 2018)

European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017)

Nurses and Midwives Act 2011 (Commencement) Order 2014 (S.I. No. 609 of 2014)

Nursing and Midwifery Board of Ireland Rules Pursuant to the Provisions of Sections 64(3)(c) of the Nurses and Midwives Act 2011 Regarding the Receiving and Recording of Evidence by the Fitness to Practise Committee (S.I. No. 358 of 2014)

Nursing and Midwifery Board of Ireland Rules Specifying Criteria to be Considered For Applications for Restoration to the Register (S.I. No. 88 of 2014)

European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014 (S.I. No. 7 of 2014)

Nurses and Midwives Rules 2013 (S.I. No. 435 of 2013)

Nurses and Midwives Act 2011 (Commencement) (No. 2) Order 2012 (S.I. No. 385 of 2012)

Nurses and Midwives Act 2011 (Commencement) Order 2012 (S.I. No. 275 of 2012)

Nurses and Midwives Act 2011 (Commencement) Order 2011 (S.I. No. 715 of 2011)

All statutory instruments up to and including Nurses and Midwives (Registration) Rules 2018 (S.I. No. 221 of 2018), made 5 June 2018, were considered in the preparation of this revision.


Number 41 of 2011


NURSES AND MIDWIVES ACT 2011

REVISED

Updated to 25 June 2018


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


Number 41 of 2011


NURSES AND MIDWIVES ACT 2011

REVISED

Updated to 25 June 2018


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.

[21 st December, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Work or activity under Act which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, children and vulnerable persons pursuant to Act, is made subject to provisions of National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012) (29.04.2016) by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 2 and sch. 1, part 1 item 15(c) and part 2 item 12(c), S.I. No. 214 of 2016.