Regulated Professions (Health and Social Care) (Amendment) Act 2020
Amendment of section 82 of Act of 2011
177. Section 82 of the Act of 2011 is amended—
(a) in subsection (1) —
(i) by the substitution of “the Health Service Executive and such other persons as it thinks fit” for “the Minister and the Health Service Executive”, and
(ii) by the substitution of the following paragraphs for paragraph (k):
“(k) the censuring of a registered nurse or registered midwife;
(l) the advisement or admonishment of a registered nurse or registered midwife.”,
(b) in subsection (2) —
(i) by the substitution of “paragraphs (a) to (l)” for “paragraphs (a) to (k)”,
(ii) by the insertion of “if satisfied that it is in the public interest to do so and” after “shall,”, and
(iii) by the deletion of “the Minister and”,
(c) in subsection (3), by the insertion of “(if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so)” after “shall”, and
(d) by the substitution of the following subsections for subsection (4):
“(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.”.