1. The Regulation of Nurses & Midwives
Louise Beirne BL

2. 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

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

4. 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)

5. 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.

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

7. 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”

8. 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”

9. 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

10. 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.”

11. 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

12. 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”

13. 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

14. 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

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