ORDINANCE OF THE STATES OF DELIBERATION

Similar documents
CHAPTER 153. MIDWIVES. ARRANGEMENT OF SECTIONS.

The Nursing and Midwifery Order 2001 (SI 2002/253)

NURSES ACT CHAPTER 257 CAP Nurses LAWS OF KENYA

New Zealand. 9 GEO. VI] Nurses and j}lidwives [1945, No. 7 ANALYSIS

THE KARNATAKA NURSES, MIDWIVES AND HEALTH VISITORS ACT, 1961 PART I

Establishment of the Nursing and Midwifery Council of Nigeria

CHAPTER 113 MEDICAL PRACTITIONERS, PHARMACISTS, MIDWIVES AND NURSES

HOSPITALS AND HEALTH CARE FACILITIES ARRANGEMENT OF SECTIONS

NURSING AND MIDWIFERY (REGISTRATION, ETC.) ACT

Healthcare Professions Registration and Standards Act 2007

HEALTH INSURANCE (APPROVED PRESCRIBING PRACTITIONERS MIDWIVES AND NURSES) (JERSEY) ORDER 2018

NURSES ACT LAWS OF KENYA. Chapter 257

OF THE REPUBLIC OF NAMIBIA CONTENTS. Promulgation of Nursing Professions Act, 1993(Act 30 of 1993), of the Parliament.

No. 1 Nursing and Midwifery 2010 THE NURSING AND MIDWIFERY ACT, 2010 PART I

The Nurses and Midwives Act, Keyword(s): Institution, Medical Council, Nurse, Practitioner, Doctor, Medical

Bill 28 (1999, chapter 24) Midwives Act. Introduced 11 May 1999 Passage in principle 2 June 1999 Passage 17 June 1999 Assented to 19 June 1999

REGISTERED NURSES ACT

Traditional Medicine Practice Act, 2000 ACT 575 TRADITIONAL MEDICINE PRACTICE ACT, 2000 ARRANGEMENT OF SECTIONS

REGISTERED NURSES ACT REGISTRATION AND LICENSING OF NURSES REGULATIONS

THE SOCIALLY DISPLACED PERSONS ACT, Arrangement of Sections PART I PRELIMINARY

SOUTH AFRICAN NURSING COUNCIL

Guidelines on the Keeping of Records in Respect of Medicinal Products when Conducting a Retail Pharmacy Business

The Enrollment Act 1 An Act for enrolling and calling out the national Forces and other purposes March 3, 1863.

The Pharmacy and Pharmacy Disciplines Act SASKATCHEWAN COLLEGE OF PHARMACY PROFESSIONALS REGULATORY BYLAWS

25/02/18 THE SOCIAL CARE WALES (REGISTRATION) RULES 2018

PROFESSIONAL STAFF BY-LAWS GRAND RIVER HOSPITAL CORPORATION KITCHENER, ONTARIO. September 28, 2016

PART I-PRELLMINARY PART II-THE MADHYA PRADESH NURSES REGISTRATION COUNCIL

1. Citation and commencement 2. Definitions 3. Application

Practising as a midwife in the UK

COMMUNITY CARE FACILITIES AND NURSING HOMES ACT

REPUBLIC OF LITHUANIA LAW ON SAFETY AND HEALTH AT WORK. 1 July 2003 No IX-1672 Vilnius (As last amended on 2 December 2010 No.

Legal limitations for nurse prescribers: a focus on dispensing. Andy Gray Division of Pharmacology Discipline of Pharmaceutical Sciences

ENLISTMENT ACT (CHAPTER 93)

25/02/18 THE SOCIAL CARE WALES (REGISTRATION) RULES 2018

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY Part II

PHYSIOTHERAPY ACT STANDARDS AND DISCIPLINE REGULATIONS

The Law relating to the Nurse and Midwife Chapter I Title and Definition Chapter II Formation of Council

downloaded from downloaded from

Information for Midwives in relation to the Midwifery Scope of Practice Further interpretation, March 2005

THE DISASTER PREPAREDNESS AND HAZARD MANAGEMENT LAW,

STATUTORY INSTRUMENTS. S.I. No. 173 of 2017 MISUSE OF DRUGS REGULATIONS 2017

Province of Alberta HOSPITALS ACT. Revised Statutes of Alberta 2000 Chapter H-12. Current as of December 9, Office Consolidation

The Punjab Nurses Registration Act, 1932 Punjab Act-1 of 1952

SCOPE OF PRACTICE. for Midwives in Australia

Northern Ireland Social Care Council. NISCC (Registration) Rules 2017

THE ANDHRA PRADESH GAZETTE PART IV-B EXTRAORDINARY PUBLISHED BY AUTHORITY

The Construction Industry Registration Proclamation

PROPOSED REGULATION - FOR CONSULTATION. Pharmacy Act, 1991 Loi de 1991 sur les pharmaciens ONTARIO REGULATION 202/94 GENERAL DRAFT

HEALTH PRACTITIONERS COMPETENCE ASSURANCE ACT 2003 COMPLAINTS INVESTIGATION PROCESS

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF MINE SAFETY COAL MINE RESCUE TEAM AGREEMENT

Nursing Act 8 of 2004 section 59

Defence Act 1 of 2002 section 94(2)

Occupational Safety and Health Law (Draft) (The Pyidaungsu Hluttaw Law No ) The of M.E. (..th, 2017)

Schedule 3. Access Agreement

Standards for competence for registered midwives

J A N U A R Y 2,

REGISTERED NURSES ACT NURSE PRACTITIONER REGULATIONS

Health (National Cervical Screening Programme) Amendment Act 2004

Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations (2004 Revision)

NIGERIAN DEFENCE ACADEMY ACT

PATIENT RIGHTS TO ACCESS PERSONAL MEDICAL RECORDS California Health & Safety Code Section

Rules for Non Trackside Sponsors joining the Sentinel Scheme

NURSING HOMES OPERATION REGULATION

Sri Lanka Legislative Drafting Workshops

PUBLIC HEALTH (AMENDMENT) ACT 1992 No. 110

PART A. In order to achieve its objectives, this Code embodies a number of functional requirements. These include, but are not limited to:

Advertising Practice Standard

Assembly Bill No. 199 Assemblywomen Woodbury and Titus. Joint Sponsor: Senator Hardy

Health and Social Care Act 2008 (Regulated Activities) Regulations 2010

abcdefghijklmnopqrstu

-ACT- THE DELHI NURSING HOMES REGISTRATION ACT, 1953 N.O.VI OF nd April, 1953.

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Michael Hogard, RPN Chairperson Miranda Huang, RN Member Susan Roger, RN

The Registered Nurses Act, 1988

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000

WORKPLACE SAFETY AND HEALTH ACT (CHAPTER 354A) WORKPLACE SAFETY AND HEALTH (MEDICAL EXAMINATIONS) REGULATIONS 2011

Health Professions Act BYLAWS. Table of Contents

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

PHARMACITS COUNCIL OF NIGERIA ACT (1992 No. 91) REGISTRATION OF PHARMACEUTICAL PREMISES REGULATIONS, 2005.

STATE OF RHODE ISLAND

Mental Health Commission Rules

2.3. Any amendment to the present "Terms and Conditions" will only be valid if approved, in writing, by the Agency.

NATIONAL HEALTH BILL 2008 (SB.50)

Chapter 3. The Scout Troop

An Act respecting end-of-life care

NATIONAL HEALTH SERVICE (SCOTLAND) ACT 1978 HEALTH BOARD ADDITIONAL PHARMACEUTICAL SERVICES (PUBLIC HEALTH SERVICE) (SCOTLAND) DIRECTIONS 2014

MEDICINES FOR HUMAN USE (CLINICAL TRIALS) REGULATIONS Memorandum of understanding between MHRA, COREC and GTAC

Government Gazette Staatskoerant

Explanatory Memorandum to the Domiciliary Care Agencies (Wales) (Amendments) Regulations 2013

NC General Statutes - Chapter 90 Article 18D 1

SUBCHAPTER 32M - APPROVAL OF NURSE PRACTITIONERS

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE

Fact sheet: New obligations for Nurses and Midwives

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 S 1 SENATE BILL 819* Short Title: Update/Modernize Midwifery Practice Act.

MISSION FIRE/RESCUE SERVICE BYLAW

Chapter 5 CIVIL DEFENSE*

1. daa plc, whose principal address is at Old Central Terminal Building, Dublin Airport, Co Dublin (Funder)

NATIONAL HEALTH SERVICE, ENGLAND NATIONAL HEALTH SERVICE ACT Mental Health Act 1983 Approved Clinician (General) Directions 2008

Statutory Instrument 2003 No. 1590

Commonwealth Nurses and Midwives Federation. Constitution

Law on Medical Devices

Transcription:

ORDINANCE OF THE STATES OF DELIBERATION ENTITLED The Nurses, Midwives and Health Visitors Ordinance, 1987 * [CONSOLIDATED TEXT] This consolidated version of the enactment incorporates all amendments listed in the footnote below. It has been prepared for the Guernsey Law website and is believed to be accurate and up to date, but it is not authoritative and has no legal effect. No warranty is given that the text is free of errors and omissions, and no liability is accepted for any loss arising from its use. The authoritative text of the enactment and of the amending instruments may be obtained from Her Majesty's Greffier, Royal Court House, Guernsey, GY1 2PB. States of Guernsey * Recueil d' Ordonnances Tome XXIV, p. 238; as amended by the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989 (Ordres en Conseil Vol. XXXI, p. 278); the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of 2003, Recueil d' Ordonnances Tome XXIX, p. 406); the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016 (No. IX of 2016). States of Guernsey 1

ORDINANCE OF THE STATES OF DELIBERATION ENTITLED The Nurses, Midwives and Health Visitors Ordinance, 1987 1. False claim as to qualifications. 2. Authority to practise. 3. Grant and cessation of authority. ARRANGEMENT OF SECTIONS RULES RELATING TO THE PRACTICE OF MIDWIVES 4. Designated officer. 5. Notice of intention to practise. 6. Attendance by unqualified persons at childbirth. 7. Responsibility and sphere of practice. 8. Restriction on use of medicine etc. 9. Records. 10. Duty to allow inspection, medical examination, and suspension. 11. Duty to attend refresher courses. 12. Falsification of authorisation to practise. 13. Penalties. 14. Interpretation. 15. Repeals and Amendment. 16. Extent. SCHEDULE States of Guernsey 2

(Made on 26th November, 1987.) The Nurses, Midwives and Health Visitors Ordinance, 1987 THE STATES, in pursuance of their Resolution of the 29 th 1987, hereby order: day of July, False claim as to qualifications. 1. (1) A person who, with intent to deceive (whether by words or in writing or by the assumption of any name or description, or by the wearing of any uniform or badge or by any other kind of conduct) falsely represents herself to possess qualifications in nursing, midwifery or health visiting, or falsely represents herself to be authorised to practise as a nurse, midwife or health visitor, shall be guilty of an offence. (2) A person who with intent that any person shall be deceived, causes or permits another person to make any representation about herself which, if made by herself with intent to deceive, would be an offence by her under subsection (1) of this section, or with intent to deceive, makes with regard to another person any representation which (i) is false to her own knowledge, and (ii) if made by the other with that intent would be an offence by the other under subsection (1) of this section, States of Guernsey 3

shall be guilty of an offence. Authority to practise. 2. A person shall not practise as a registered midwife unless she has been authorised to do so by [the Committee]. In section 2, the words in square brackets were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 5(1), Schedule 3, paragraph 6, with effect from 1st May, 2016. Grant and cessation of authority. 3. (1) Any person who applies to [the Committee] to be authorised to practise as aforesaid shall be so authorised if [the Committee] is satisfied that the applicant is duly registered as qualified so to practise in the United Kingdom, and is not the subject of a referral to the Professional Conduct Committee or the Health Committee of the Council. (2) An authorisation under the provisions of this Ordinance shall cease to be valid on a person so authorised ceasing, for any reason, to be registered as qualified so to practise in the United Kingdom. In section 3, the words "the Committee" in square brackets, wherever occurring, were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 5(1), Schedule 3, paragraph 6, with effect from 1st May, 2016. RULES RELATING TO THE PRACTICE OF MIDWIVES States of Guernsey 4

Designated officer. 4. (1) [ The Committee] shall designate a practising midwife (hereinafter referred to as the "designated officer") to exercise general professional supervision over all midwives practising in the Island. (2) The designated officer shall be a registered midwife and either shall have had three years experience as a practising midwife not less than one year of which shall have been in the two years immediately preceding the appointment, or shall be eligible to practise and shall undertake any further midwifery experience as may be required by [the Committee]. (3) The designated officer shall receive such training and preparation for her duties as [the Committee] may deem appropriate. In section 4, the words "T/the Committee" in square brackets, wherever occurring, were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 5(1), Schedule 3, paragraph 6, with effect from 1st May, 2016. Notice of intention to practise. 5. (1) Every registered midwife who intends to practise in the Island shall, subject to subsection (2) below, before commencing to practise as a midwife give notice of her intention to do so to [the Committee], and give like notice by a date in the month of March in every year thereafter during which she continues to States of Guernsey 5

practise in the Island, and the date in the month of March referred to in paragraph above shall be such date as shall be decided by [the Committee] for any year. (2) Notwithstanding the provisions of subsection (1) above, the notice referred to in that subsection may, in an emergency, be given after the time when she commences to practise provided that it is given within forty-eight hours of that time. (3) Every notice shall contain such particulars as may be required in the form from time to time prescribed by the Council. In section 5, the words "the Committee" in square brackets, wherever occurring, were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 5(1), Schedule 3, paragraph 6, with effect from 1st May, 2016. Attendance by unqualified persons at childbirth. 6. (1) A person other than a registered midwife or a registered medical practitioner shall not attend a woman in childbirth. (2) Subsection (1) of this section does not apply where the attention is given in a case of sudden or urgent necessity. be guilty of an offence. (3) A person who contravenes subsection (1) of this section shall Responsibility and sphere of practice. 7. (1) A practising midwife shall be responsible for providing midwifery care to a mother and baby during the antenatal, intranatal and postnatal periods. (2) In any case where there is an emergency or where a practising midwife detects in the health of a mother and baby a deviation from the norm she States of Guernsey 6

shall call to her assistance a registered medical practitioner, and shall forthwith report the matter to [the Committee]. (3) A practising midwife must not, except in an emergency, undertake any treatment which she has not been trained to give either before or after registration as a midwife and which is outside her sphere of practice. In section 7, the words in square brackets were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 5(1), Schedule 3, paragraph 6, with effect from 1st May, 2016. Restriction on use of medicine etc. 8. (1) A practising midwife shall not on her own responsibility administer any medicine, including analgesics unless in the course of her training, whether before or after registration as a midwife, she has been thoroughly instructed in its use and is familiar with its dosage and methods of administration or application. (2) A practising midwife shall not, on her own responsibility, administer an inhalational analgesic by the use of any type of apparatus unless that apparatus is for the time being approved by the Council as suitable for use by a midwife, and that the midwife has ensured that the apparatus has been properly maintained. (3) A practising midwife must not administer any form of pain relief by the use of any type of apparatus or by any other means other than that approved by the Council otherwise than on the instructions of a registered medical practitioner until such methods have been approved by the Council for midwives to undertake on their own responsibility and in accordance with subsection (1) of this section. States of Guernsey 7

Records. 9. (1) A practising midwife shall keep as contemporaneously as is reasonable detailed records of observations, care given and medicine or other forms of pain relief administered by her to all mothers and babies. (2) The records referred to in subsection (1) above shall be kept in accordance with any directions given by [the Committee]. (3) A midwife must not destroy or arrange for the destruction of official records which have been made whilst she is in professional attendance upon a case (for the purpose of this section called "official records"); if she finds it impossible or inconvenient to preserve her official records safely she must transfer them to [the Committee] and details of the transfer must be duly recorded by each party to the transfer. (4) Immediately before ceasing to practise as a midwife authorised by [the Committee] a midwife shall transfer her official records to [the Committee] and details of the transfer must be duly recorded by each party to the transfer. In section 9, the words "the Committee" in square brackets, wherever occurring, were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 5(1), Schedule 3, paragraph 6, with effect from 1st May, 2016. Duty to allow inspection, medical examination, and suspension. 10. (1) A practising midwife shall give to the designated officer every reasonable facility to inspect her methods of practice, her records, her equipment and such part of her residence as may be used for professional purposes. (2) A practising midwife shall, if the designated officer deems it necessary for the prevention of infection, allow herself to be medically examined by a registered medical practitioner. (3) [ The Committee] may suspend a midwife from practice States of Guernsey 8

if it considers it necessary for the purpose of preventing the spread of infection, whether or not she has contravened any part of this Ordinance or any of the rules laid down by the Council, when she has been referred, whether by [the Committee] or otherwise, to the Professional Conduct Committee of the Council, (c) when she has been referred, whether by [the Committee] or otherwise, to the Health Committee of the Council. (4) [ The Committee] in exercising the power given in subsection (3) above to suspend a midwife from practice shall immediately notify the midwife concerned in writing of any decision to suspend her and the reason for such suspension, and in respect of a suspension authorised by paragraphs and (c) above forthwith report any such suspension and the grounds thereof to the Council. In section 10, the words "T/the Committee" in square brackets, wherever occurring, were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 5(1), Schedule 3, paragraph 6, with effect from 1st May, 2016. Duty to attend refresher courses. 11. Every midwife who notifies her intention to practise shall attend courses of instruction in accordance with the prevailing rules and regulations of the Council. States of Guernsey 9

Falsification of authorisation to practise. 12. (1) Any person who procures or attempts to procure, that person' s authorisation to practise under this Ordinance by wilfully making or producing or causing to be made or produced, either in writing or otherwise any declaration, certificate or representation which that person knows to be false or fraudulent, shall be guilty of an offence. (2) Any person who wilfully makes or causes to be made any falsification in any matter relating to authorisation to practise under this Ordinance shall be guilty of an offence. Penalties. 13. A person guilty of an offence under sections 1(1), 1(2), 6, 12(1) or 12(2) of this Ordinance shall be liable on conviction to a fine not exceeding [level 4 on the uniform scale]. In section 13, the words and figure in square brackets were substituted by the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989, section 2(2), with effect from 1st July, 1989. Interpretation. 14. In this Ordinance, unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them, that is to say "[the Committee]" means the States [Committee for Health & Social Care], "the Council" means the United Kingdom Central Council for Nursing, Midwifery and Health Visiting, "emergency" means in the context of section 7(2), any illness of the mother or baby or any abnormality becoming States of Guernsey 10

apparent in the mother or baby during the antenatal, intranatal and postnatal periods, "this Island" means the Islands of Guernsey, Alderney, Herm and Jethou, "medical practitioner" means a person authorised to practise in this Island as a medical practitioner according to the law for the time being in force, "mother and baby" means a woman and her baby whether before or after birth and a reference to "mother and baby" shall be a reference to the woman and her unborn baby during the antenatal and intranatal periods and to the mother and her baby during the period from the birth of the baby to the end of the postnatal period and "mother" and "baby" shall be construed accordingly, "patient" in relation to a practising midwife means a mother or baby to whom she is rendering professional services as a midwife, "postnatal period" means a period of not less than ten and not more than twenty-eight days after the end of labour, during which the continued attendance of a midwife on the mother and baby is requisite, "practising midwife" means a midwife who attends professionally upon a woman during the antenatal, intranatal and/or postnatal period, or who holds a post for which a midwifery qualification is essential and who has been authorised to practice under the provisions of section 3 of this Ordinance, "registered midwife" means a midwife who is registered as qualified to practise as a midwife by the States of Guernsey 11

Council. words importing the feminine gender include the masculine. S In section 14, the words, first, "the Committee" and, second, "Committee for Health & Social Care" in square brackets in the definition of the expression "the Committee" in subsection (1) were substituted by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, respectively section 5(1), Schedule 3, paragraph 6 and section 2, Schedule 1, paragraph 5, with effect from 1st May, 2016. 1 The functions, rights and liabilities of the Health and Social Services Department and of its Minister or Deputy Minister arising under or by virtue of this Ordinance were transferred to and vested in, respectively, the Committee for Health & Social Care and its President or Vice-President by the Organisation of States' Affairs (Transfer of Functions) Ordinance, 2016, section 1, Schedule 1, paragraph 5, with effect from 1st May, 2016, subject to the savings and transitional provisions in section 3 of the 2016 Ordinance. 2 Repeals and Amendment. 15. (1) The Ordinances set out in the first column of Part I of the Schedule to this Ordinance are repealed to the extent set out in the second column of that Schedule. (2) The Ordinance set out in the first column of Part II of the Schedule to this Ordinance is amended to the extent set out in the second column of that Schedule. Extent. 16. This Ordinance shall apply to the Islands of Guernsey, Alderney, Herm and Jethou. The Ordinance was made and came into operation on 26th November, 1987. States of Guernsey 12

SCHEDULE Section 15 PART I The Midwives Ordinance, 1950 a. The Midwives (Amendment) Ordinance, 1955 b. The Midwives (Amendment) Ordinance, 1968 c. The Nurses (Use of Title) Ordinance, 1973 d. The whole Ordinance. The whole Ordinance. The whole Ordinance. The whole Ordinance. PART II The Doctors, Dentists and Pharmacists Ordinance, 1987 e. In section 4(2) the words beginning with the word "midwife" to the end of the said sub-section are repealed and the words "practising midwife as defined in the Nurses, Midwives and Health Visitors Ordinance, 1987" substituted therefor. 1 The words "Committee for Health & Social Care" were previously substituted by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1, paragraph 4, with effect from 6th May, 2004. a b c d e Ordinances Tome X, p. 68. Ordinances Tome XI, p. 178. Ordinances Tome XV, p. 385. Ordinances Tome XIX, p. 126. Ordinances No. XVII of 1987. States of Guernsey 13

2 The functions, rights and liabilities of the Health and Social Services Department and its Minister arising under or by virtue of this Ordinance were previously transferred to and vested in them, respectively, from the Board of Health and its President by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 1, Schedule 1, paragraph 4, with effect from 6th May, 2004, subject to the savings and transitional provisions in section 4 of the 2003 Ordinance. States of Guernsey 14