Nurses & Midwives Act 1991 -Sect 4 Meaning of “professional misconduct” and “unsatisfactory professional conduct”
- Category: Legislation and Acts
- Created: Friday, 19 March 2010 11:27
- Written by Alecomm
(1) For the purposes of this Act, "professional misconduct", in relation to a nurse or midwife, means unsatisfactory professional conduct of a sufficiently serious nature to justify the removal of the nurse’s or midwife’s name from a Register or the Roll.
(2) For the purposes of this Act, "unsatisfactory professional conduct", in relation to a nurse or midwife, includes any of the following:
(a )any conduct that demonstrates that the knowledge, skill or judgment possessed, or care exercised, by the nurse or midwife in the practice of nursing or midwifery is significantly below the standard reasonably expected of a nurse or mid wife of an equivalent level of training or experience,
(b) the nurse’s or midwife’s contravening (whether by act or omission) a provision of this Act or the regulations,
(c) the nurse’s or midwife’s failure to comply with an order or determination made or a direction given under section 48, 55 or 64 or with a condition of registration or enrolment,
(d) the nurse’s or midwife’s failure without reasonable excuse to comply with a direction by the Board to provide information with respect to a complaint under this Act against the nurse or midwife,
(d1) a contravention by the nurse or midwife of section 34A (4) Power of Commission to obtain information, records and evidence) of the Health Care Complaints Act 1993,
(e) any other improper or unethical conduct relating to the practice of nursing or midwifery.
Note: In the case of nurse practitioners and midwife practitioners, a contravention of any guidelines approved by the Director-General relating to the functions of nurses and midwives as nurse practitioners or midwife practitioners may constitute professional misconduct or unsatisfactory professional conduct (see section 78A).