Nurses and Midwives Act 2011
Number 41 of 2011
NURSES AND MIDWIVES ACT 2011
REVISED
Updated to 9 May 2022
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 the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, and all statutory instruments up to and including Nurses and Midwives (Fitness to Practise Subcommittee) Rules 2022 (S.I. No. 236 of 2022), made 16 May 2022, 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 9 May 2022
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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
• Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020)
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)
• 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)
• Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)
All Acts up to and including Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Nurses and Midwives (Fitness to Practise Subcommittee) Rules 2022 (S.I. No. 236 of 2022)
• Nurses and Midwives Act 2011 (Commencement) Order 2022 (S.I. No. 226 of 2022)
• Nurses and Midwives (Register of Nurses and Midwives) (Amendment) Rules 2020 (S.I. No. 503 of 2020)
• Nurses and Midwives (Recognition of Professional Qualifications) (Amendment) Rules 2020 (S.I. No. 502 of 2020)
• Nurses and Midwives (Education and Training) (Amendment) Rules 2020 (S.I. No. 501 of 2020)
• 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 (Fitness to Practise Subcommittee) Rules 2022 (S.I. No. 236 of 2022), made 16 May 2022, were considered in the preparation of this revision.
Number 41 of 2011
NURSES AND MIDWIVES ACT 2011
REVISED
Updated to 9 May 2022
ARRANGEMENT OF SECTIONS
Preliminary and general
Section
1. Short title and commencement.
Bord Altranais agus Cnáimhseachais na hÉireann
6. Continuance in being of Board.
10. Conferral of additional functions on Board.
11. Ministerial directions to Board.
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.
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.
Members, Committees and Employees of Board
23. First meeting of Board under this Act.
25. Expenses of members of Board and committees.
27. Removal of members of Board from office.
32. Membership of either House of Oireachtas by employee of Board.
33. Membership of European Parliament by employee of Board.
Accounts and Finances of Board
36. Acceptance of gifts by Board.
38. Fees that Board may charge.
Registration and Practice
39. Unregistered nurses and midwives not to practise nursing, midwifery.
40. Prohibition on attending childbirth.
41. Circumstances in which practice permitted.
47. Transitional provisions applicable to registers.
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.
52A. Appeal to Court against certain decisions of Board - candidates.
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.
56A. Investigation of complaints.
57. Consideration of complaints by Preliminary Proceedings Committee.
57A. Undertakings and consents.
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.
Complaints referred to Fitness to Practise Committee
63A. Fitness to Practise Committee may order that certain information not be published.
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.
Measures taken with regard to Registered Nurses and Registered Midwives following Reports of Fitness to Practise Committee
68A. Measures to be taken by Board after receiving report referred to in section 57A(2)(c).
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.
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.
83. Information Board may publish in public interest.
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).
Maintenance of Professional Competence
87. Duty of registered nurses and registered midwives to maintain professional competence.
Dissolution of National Council for the Professional Development of Nursing and Midwifery
92. Interpretation of Part 12.
94. Transfer of rights and liabilities.
98. Pending legal proceedings.
99. Preservation of contracts and adaptation of references to Council.
Miscellaneous
103A. Admissibility of certain documents relating to proceedings in other jurisdictions.
106. Construction of references.
106A. Notifications under Act.
107. Amendment of Freedom of Information Act 1997.
108. Special measures registration having regard to Covid-19.
Board: Membership and Meetings
Acts Referred to
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Adoptive Leave Acts 1995 and 2005 |
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2001, No. 19 |
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1990, No. 33 |
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1993, No. 8 |
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1995, No. 22 |
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Ethics in Public Office Acts 1995 and 2001 |
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1997, No. 2 |
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1997, No. 13 |
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Freedom of Information Acts 1997 and 2003 |
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2004, No. 42 |
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2007, No. 23 |
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2005, No. 27 |
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1980, No. 8 |
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2001, No. 37 |
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Maternity Protection Acts 1994 and 2004 |
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2007, No. 25 |
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Minimum Notice and Terms of Employment Acts 1973 to 2005 |
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Misuse of Drugs Acts 1977 and 1984 |
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1985, No. 18 |
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1997, No. 20 |
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Parental Leave Acts 1998 and 2006 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic, c. 93 |
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2003, No. 29 |
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2001, No. 45 |
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Public Service Management (Recruitment and Appointments) Act 2004 |
2004, No. 33 |
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Public Service Superannuation (Miscellaneous Provisions) Act 2004 |
2004, No. 7 |
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Redundancy Payments Acts 1967 to 2007 |
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2001, No. 31 |
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Terms of Employment (Information) Acts 1994 and 2001 |
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Unfair Dismissals Acts 1977 to 2007 |
Number 41 of 2011
NURSES AND MIDWIVES ACT 2011
REVISED
Updated to 9 May 2022
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.
[21st 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.