Nurses and Midwives Act 2011

82.

Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.

82.— (1) The Board shall give notice in writing to F76 [ the Health Service Executive and such other persons as it thinks fit ] as soon as is practicable after any of the following measures take effect under this Part:

( a) the cancellation of a nurse’s or midwife’s registration;

( b) the restoration of a nurse’s or midwife’s registration;

( c) the removal of a nurse’s or midwife’s registration;

( d) the suspension of a nurse’s or midwife’s registration;

( e) the termination of the period during which a nurse’s or midwife’s registration is suspended;

( f) the transfer of a nurse’s or midwife’s registration to another division of the register of nurses and midwives;

( g) the attachment of conditions to a nurse’s or midwife’s registration;

( h) the removal of conditions attached under this Part to a nurse’s or midwife’s registration;

( i) the prohibiting of a nurse or midwife from applying for a specified period for the restoration of the nurse’s or midwife’s registration;

( j) the censuring and fining of a registered nurse or registered midwife;

F76 [ ( k ) the censuring of a registered nurse or registered midwife;

( l ) the advisement or admonishment of a registered nurse or registered midwife. ]

(2) Where it comes to the Board’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of F77 [ paragraphs (a) to (l) ] of subsection (1) has been taken in relation to a registered nurse or registered midwife, the Board shall, F77 [ if satisfied that it is in the public interest to do so and ] as soon as is practicable, give notice in writing to F77 [ ] the Health Service Executive of the measure.

(3) The Board shall F78 [ (if satisfied that, in the case of a measure referred to in subsection (2) , it is in the public interest to do so) ] give notice in writing to an employer (other than the Health Service Executive) where—

( a) it comes to the Board’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a registered nurse or registered midwife employed by the employer, and

( b) the employer’s name is known to the Board.

F79 [ (4) ( a ) Paragraph (b) applies where

(i) it comes to the Board s attention that any measure referred to in subsection (1) has been taken in relation to a registered nurse or registered midwife, and

(ii) the Board has reason to believe that

(I) the nurse or midwife is registered in another jurisdiction, and

(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Board.

( b ) The Board shall give notice in writing to that body of that measure and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 67(1) ).

(5) ( a ) Paragraph (b) applies where

(i) it comes to the Board s attention that any measure referred to in subsection (2) has been taken in relation to a registered nurse or registered midwife, and

(ii) the Board has reason to believe that

(I) the nurse or midwife is registered in another jurisdiction, and

(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Board.

( b ) The Board shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure. ]

Annotations:

Amendments:

F76

Substituted and inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 177(a)(i), (ii), S.I. No. 409 of 2021.

F77

Substituted, inserted and deleted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 177(b)(i)-(iii), S.I. No. 409 of 2021.

F78

Inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 177(c), S.I. No. 409 of 2021.

F79

Substituted and inserted (1.08.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 177(d), S.I. No. 409 of 2021.