Nurses and Midwives Act 2011

50.

Application to have registration removed, etc.

50.— (1) A registered nurse or registered midwife may make an application to the Board to have his or her registration removed from the register of nurses and midwives or a division of the register of nurses and midwives.

(2) Subject to subsection (3), the Board shall determine an application under subsection (1) from a registered nurse or registered midwife by removing the nurse’s or midwife’s registration from the register of nurses and midwives or division, as the case may be.

(3) Where the Board receives an application under subsection (1) from a registered nurse or registered midwife and—

( a) the nurse or midwife is the subject of—

(i) an application for an inquiry under Part V of the Act of 1985 which has not been considered or completed, or

(ii) a complaint which has not been disposed of or otherwise dealt with under Part 7 and, if applicable, Parts 8 and 9,

or

( b) the nurse or midwife has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

F23 [ the Board may consider such an application if the Board is satisfied that the removal of the nurse s or midwife s registration would not be contrary to the public interest ],

(4) A nurse or midwife whose registration has been removed pursuant to subsection (2) may make an application in accordance with the rules, accompanied by the appropriate fee, to the Board to have the nurse’s or midwife’s registration restored F24 [ , otherwise than where the removal of the registration was effected (whether in whole or in part) on the ground that the removal would not be contrary to the public interest as referred to in subsection (3) , ] to the register of nurses and midwives or the division of that register concerned.

(5) The Board shall determine an application under subsection (4) from a nurse or midwife by restoring the registration to the register of nurses and midwives or the division of that register and may impose conditions in accordance with the rules.

(6) Subsections (3) to (5) of section 52 apply, with the necessary modifications, to a determination under subsection (2) or (5) of this section.

(7) Where the Board is satisfied by medical evidence that a registered nurse or registered midwife is suffering from an illness or condition of a permanent or terminal nature which, due to the nature of the condition, renders it impossible for the nurse or midwife—

( a) to practise nursing or midwifery in a safe and competent manner, and

( b) to notify the Board of the nurse’s or midwife’s illness or condition, as the case may be,

then the Board may remove the nurse’s or midwife’s registration.

Annotations:

Amendments:

F23

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 151(a), S.I. No. 409 of 2021.

F24

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 151(b), S.I. No. 409 of 2021.