Nurses and Midwives Act 2011

51.

Conditions attached to registration.

F25 [ 51. (1) A person (other than a candidate) making an application for registration shall declare in the application

( a ) whether the person has any relevant medical disability, and

( b ) whether any material matter has occurred in relation to the person.

(2) Where the Board is satisfied that

( a ) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

( b ) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of nursing or midwifery by the person which take account of that disability or matter,

the Board shall specify the proposed conditions which, in the opinion of the Board, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

(3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person s registration, the Board shall, if the person is registered, at the same time as such registration comply with section 46(8) in respect of the conditions.

(4) Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person s registration, the Board may refuse to register that person.

(5) A registered nurse or registered midwife who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Board when the medical disability becomes a relevant medical disability not later than

( a ) 30 days after the medical disability becomes a relevant medical disability, or

( b ) where the relevant medical disability renders it impracticable for the nurse or midwife to notify the Board within those 30 days, as soon as is practicable in the circumstances.

(6) Where the Board is satisfied, after receiving a notification under subsection (5) , that, in the interest of public safety, the registration of the nurse or midwife should become subject to conditions on the practising of nursing or midwifery which take account of that relevant medical disability, the Board shall decide that conditions should be attached to the registration of the nurse or midwife in those interests, specify the proposed conditions and propose that the nurse or midwife accept that those conditions be attached to his or her registration.

(7) Where the nurse or midwife the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the nurse s or midwife s registration, the Board shall attach those conditions to the registration of the nurse or midwife and, at the same time, comply with section 46(8) in respect of the conditions.

(8) Where the nurse or midwife the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Board may, notwithstanding that refusal, attach those conditions to the registration of the nurse or midwife and, at the same time, comply with section 46(8) in respect of the conditions. ]

Annotations:

Amendments:

F25

Substituted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 152, S.I. No. 409 of 2021.