Nurses act, 1985

• Enactment Date: 19 November 1985
• Act Number: 18

Number 18 of 1985
NURSES ACT, 1985
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short Title. 2. Interpretation. 3. Commencement. 4. Establishment day. 5. Repeals.
PART II
An Bord Aitranais
6. Establishment of An Bord Altranais. 7. Dissolution of former Board. 8. Seal of Board. 9. Membership of Board. 10. Appointment of persons to be members of Board. 11. Election of members of the Board. 12. First meeting of the Board. 13. Committees of the Board. 14. Expenses of members of Board and committees. 15. Removal of Board from office. 16. Chief Executive Officer. 17. Other officers and servants of Board. 18. Age limits. 19. Superannuation. 20. Membership of either House of Oireachtas or of Assembly of European Communities by officer or servant of Board. 21. Accounts of Board. 22. Power of Board to borrow. 23. Acceptance of gifts by Board. 24. Expenses of Board and Minister. 25. Fees. 26. Rules.
PART III
Registration
27. The register. 28. Registration in the register of nurses. 29. Correction of register. 30. Registration of persons in ancillary profession.
PART IV
Education and Training
31. Rules for courses of training and examinations for candidates for registration in the register of nurses. 32. Rules for courses of training and examinations for nurses. 33. Holding of examinations, etc. 34. Approval by the Board of hospitals and institutions suitable for training purposes. 35. Entry into hospital etc. for training. 36. Miscellaneous functions of Board in relation to education and training. 37. Duty to ensure compliance with minimum standards specified by Council of European Communities.
PART V
Fitness to Practise.
38. Inquiry by the Fitness to Practise Committee into the conduct of a nurse. 39. Erasure or suspension of registration from register for professional misconduct, unfitness to practise or failure to pay retention fee. 40. Attaching of conditions to retention on register. 41. Powers of Board to advise, admonish, etc. 42. Erasure from register of persons convicted of indictable offences. 43. Continuance of existing inquiry. 44. Application by Board for order suspending registration. 45. Privilege in respect of certain matters. 46. Notification to Minister of name erased or restored and of suspensions imposed and terminated. 47. Restoration to register of name removed or termination of suspension for non-payment of retention fee.
PART VI
Miscellaneous
48. Arrangements with persons to assist Board. 49. Improper use of title of nurse, midwife, etc. 50. Report by Board. 51. General advisory functions of Board. 52. Functions in relation to Directives etc. adopted by Council of European Communities. 53. Assignment to Board of additional functions. 54. References to An Bord Altranais. 55. Regulations. 56. Regulations regarding adaptations. 57. Notice to be given to health board by midwife. 58. Prohibition on attending childbirth. 59. Prosecution of offences.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Rules in relation to membership and meetings of An Bord Altranais (The Nursing Board)
Acts Referred to European Assembly Elections Act, 1977 1977, No. 30 European Assembly Elections Act, 1984 1984, No. 6 Finance Act, 1895 58 and 59 Vic. c. 16 Health Act, 1970 1970, No. 1 Local Government (Superannuation) Act, 1956 1956, No. 10 Local Government (Superannuation) Act, 1980 1980, No. 8 Medical Practitioners Act, 1978 1978, No. 4 Midwives Act, 1944 1944, No. 10 Nurses Act, 1950 1950, No. 27 Nurses Act, 1961 1961, No. 18 Petty Sessions (Ireland) Act, 1851 1851, c. 93
Number 18 of 1985
NURSES ACT, 1985
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BOARD TO BE KNOWN AS AN BORD ALTRANAIS OR, IN THE ENGLISH LANGUAGE, THE NURSING BOARD WHICH SHALL PROVIDE FOR THE REGISTRATION CONTROL AND EDUCATION OF NURSES AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE PRACTICE OF NURSING AND THE PERSONS ENGAGED IN SUCH PRACTICE AND TO PROVIDE FOR THE REPEAL OF THE NURSES ACTS, 1950 AND 1961, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [19th November, 1985]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short Title.	1.—This Act may be cited as the Nurses Act, 1985.
	Interpretation.	2.—In this Act—
	“the Board” means An Bord Altranais or the Nursing Board established by this Act;
	“establishment day” means the day appointed to be the establishment day under section 4 of this Act;
	“Fitness to Practise Committee” means the committee established by the Board under section 13 (2) of this Act;
	“the former Board” means An Bord Altranais established under the Nurses Act, 1950 ;
	“health board” means a health board established under the Health Act, 1970 ;
	“Member State” means a state, other than the State, which is a member of the European Economic Communities;
	“midwife” means a person whose name is entered in the midwives division of the register;
	“the Minister” means the Minister for Health;
	“nurse” means a woman or a man whose name is entered in the register and includes a midwife and “nursing” includes “midwifery”;
	“prescribed” means prescribed by rules made by the Board;
	“the register” means the register of nurses established under section 27 of this Act;
	“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 ;
	“rules” means rules made under section 26 of this Act.
	Commencement.	3.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
	Establishment day.	4.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
	Repeals.	5.—The enactments specified in the First Schedule to this Act are hereby repealed.
PART II An Bord Altranais
	Establishment of An Bord Altranais.	6.—(1) There shall, by virtue of this section, be established on the establishment day a body to be known as An Bord Altranais or, in the English language, as the Nursing Board (in this Act referred to as the Board) the general concern of which shall be to promote high standards of professional education and training and professional conduct among nurses, and which shall, in particular, fulfil the functions assigned to it by this Act.
	(2) The Board shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.
	(3) The Board may, subject to the provisions of this Act, regulate its own procedure.
	(4) The Second Schedule to this Act shall apply to the Board.
	Dissolution of former Board.	7.—(1) The former Board shall, on the establishment day, be dissolved by virtue of this section.
	(2) All property, whether real or personal (including choses-in-action), which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for the former Board, and all rights, powers and privileges relating to or connected with any such property, shall on the establishment day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Board.
	(3) All property transferred by this section which immediately before the establishment day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the former Board shall, upon the request of the Board made at any time on or after the establishment day, be transferred in those books by the bank, corporation or company into the name of the Board.
	(4) Every chose-in-action transferred by this section may, on or after the establishment day, be sued upon, recovered, or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by any such chose-in-action of the transfer effected by this section.
	(5) Every debt or other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day is owing and unpaid and is undischarged by the former Board shall, on the establishment day, become and be the debt or liability of the Board and shall be paid and discharged by and may be recovered from and enforced against the Board accordingly.
	(6) Every contract which was entered into and is in force immediately before the establishment day between the former Board and any person shall continue in force on or after the establishment day but it shall be construed and have effect as if the Board were substituted therein for the former Board and shall be enforceable by or against the Board accordingly.
	(7) Where immediately before the establishment day, any legal proceedings are pending to which...