The Regulation of Nurses & Midwives Louise Beirne BL

Nurses and Midwives Act, 2011 AN ACT FOR THE PURPOSE OF THE ENHANCEMENT OF THE PROTECTION OF THE PUBLIC IN ITS DEALINGS WITH NURSES AND MIDWIVES

Professional misconduct Poor professional performance Grounds for complaint Professional misconduct Poor professional performance A relevant medical disability

the code of professional conduct & ethics a relevant condition Grounds for complaint Non-compliance with the code of professional conduct & ethics a relevant condition an undertaking or failure to take any action specified in a consent given in response to a request under s.65(1) The Act (including regulations and rules)

Grounds for complaint An irregularity in relation to the custody, prescription or supply of a controlled drug under the Misuse of Drugs Act 1977 and 1984 or another drug that is likely to be abused; or A conviction for an indictable offence in the State or a similar offence in another jurisdiction.

Infamous or disgraceful conduct Professional Misconduct Infamous or disgraceful conduct A ‘serious falling short’ of the expected standards of the profession

Poor professional performance “a failure by the nurse or midwife to meet the standards of competence (whether in knowledge and skill or the application of knowledge and skill or both) that can reasonably be expected of a registered nurse or registered midwife, as the case may be, carrying out similar work”

Relevant Medical Disability “a physical or mental disability of the nurse or midwife (including addiction to alcohol or drugs) which may impair his or her ability to practise nursing or midwifery or a particular aspect thereof”

Section 59: If PPC forms view Decisions the PPC can make Section 61: if PPC forms view prima facie case to warrant further action MUST refer to Fitness to Practise Committee Section 59: If PPC forms view not sufficient cause to warrant further action Complaint should be referred elsewhere Could be resolved by mediation It shall inform the Board. Board can direct matter goes forward to inquiry

Test: Is there sufficient cause to warrant further action? Law Society v Walker “whether the application has any real prospect of being established at an inquiry any doubt in favour of an inquiry being held. The purpose of this stage of the regulatory process is to enable complaints which are frivolous, vexatious, misconceived or lacking in substance to be summarily disposed of.”

When a complaint is received: Conduct investigations How PPC process works in practice When a complaint is received: Conduct investigations Subject of complaint observations & comments Complainant must be kept informed May seek further information from complainant or the subject of the complaint

High Court application Draconian power Immediate Suspension High Court application Draconian power Order will be only be made “where no other order will serve to protect the community”

Allegations must be proven beyond reasonable doubt The Fitness to Practise Inquiry Adversarial Allegations must be proven beyond reasonable doubt Evidence on oath, cross-examination Committee contains 1 nurse or midwife Legal assessor Expert evidence General rule – public hearings Undertakings/consent to censure Findings, reasons

Advice, admonishment, censure Censure and a fine not exceeding €2,000 Sanctions Advice, admonishment, censure Censure and a fine not exceeding €2,000 Conditions Transfer to another division of the register Suspension Cancellation (strike off) Prohibition for applying for restoration for certain period

Confirmation of certain sanctions Judicial review mechanism Supervision by the High Court Appeals Confirmation of certain sanctions Judicial review mechanism