Nurses and Midwives Act 2011
Prohibition on attending childbirth.
40.— (1) No person shall, for reward, attend a woman in childbirth unless the person is—
( a) a registered midwife who maintains adequate clinical indemnity insurance in accordance with the rules,
( b) a registered medical practitioner,
( 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
( d) a person undergoing experience and training in obstetrics who gives such attention as part of a course of professional training.
(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.
(3) A person who contravenes this section is guilty of an offence under this section and is liable—
( a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both,
( b) on conviction on indictment—
(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,
(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.
A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 3, S.I. No. 662 of 2010.