Regulated Professions (Health and Social Care) (Amendment) Act 2020

163

Undertakings and consents

163. The Act of 2011 is amended by the insertion of the following section after section 57:

“57A. (1) The Preliminary Proceedings Committee may request the registered nurse or registered midwife the subject of the complaint to do one or more than one of the following:

(a) if appropriate, undertake not to repeat the conduct the subject of the complaint;

(b) pursuant to section 87(2), demonstrate her or his relevant competencies to the satisfaction of the Board;

(c) take such steps as may be specified by the Board, which may include taking a course of education or training or gaining clinical practical experience for the express purpose of updating her or his skills and knowledge;

(d) consent to undergo medical treatment;

(e) consent to being censured by the Board.

(2) Where a registered nurse or registered midwife gives an undertaking or consent the subject of a request under subsection (1) by the Preliminary Proceedings Committee—

(a) the investigation into the complaint shall be considered to be completed,

(b) section 61 shall not apply to the complaint, and

(c) the Committee shall submit to the Board a report in writing specifying—

(i) the nature of the complaint that resulted in the investigation, and

(ii) the measures included in the undertaking or consent.

(3) Where a registered nurse or registered midwife refuses to give an undertaking or consent the subject of a request under subsection (1), the Preliminary Proceedings Committee may proceed as if the request had not been made.”.