Publication of decisions following Committee Inquiries

Board Rationale for Publication

Nurses Act, 1985

Section 38 (5) of the Nurses Act, 1985 states: -

"The findings of the Fitness to Practise Committee on any matter referred to it and the decision of the Board on any report made to it by the Fitness to Practise Committee shall not be made public without the consent of the person who has been the subject of the inquiry before the Fitness to Practise Committee unless such person has been found as a result of such inquiry, to be

1. Guilty of professional misconduct,
2. Unfit to engage in the practice of nursing because of physical or mental disability"
   

Section 46 of the Nurses Act, 1985 states:-

"The Board shall notify the Minister, and, in the case of a person the name of whose employer is known to the Board, such employer, on the occasion of-

1. The erasure of the name of a person from the register
2. The restoration of the name of a person to the register
3. The suspension of the name of a person from the register
4. The termination of a period of suspension from the register or
5. The attachment of conditions to the retention of the name of a person on the register,

of the erasure, restoration, suspension, termination of suspension or attachment of conditions, as the case may be."

Section 51 (2) of the Nurses Act, 1985 states:-

"It shall be a function of the Board to give guidance to the nursing profession generally on all matters relating to ethical conduct and behaviour"

Section 51 (3) of the Nurses Act, 1985 states:-

"It shall be a function of the Board to advise the Public on all matters of general interest relating to the functions of the Board"

Public Interest

Board Procedure in Respect of Publication

No finding of misconduct/unfitness to practice

In the event where there is no finding of misconduct/unfitness to practice, against a nurse following Inquiry, and where no sanction is imposed, or where a sanction of advise, admonish or censure imposed, the Board will seek clarification, in writing, from the nurse as to whether he/she would like the finding of the Committee/Board to be published.

In the event that a sanction is imposed by the Board that requires confirmation by the High Court, where no finding was made against the nurse, the Board will seek permission from the High Court to publish such decision.

Finding of misconduct and/or unfitness to practice

Individual consideration
The Board will consider, on an individual basis, whether matters, pursuant to Section 38 (5) of the Nurses Act, 1985, are published. However, the Board would advise that a decision not to publish, pursuant to Section 38 (5) of the Nurses Act, 1985, will only be made in cases of exceptional concern to Board members.

Nurse representation
The Nurse who is the subject of the Report of the Fitness to Practise Committee of Inquiry, will be invited to make a submission to the Board in respect of publication matters prior to the Board decision in the matter.

Decision on publication
The Board will, on an individual case basis, decide on whether matters, pursuant to Section 38 (5) of the Nurses Act, 1985, are published. The Board will also decide on whether the standard information will be published. The Board will also decide on the information to be published to the complainant. Where the nurse holds or held registration with another Regulatory Body, the Board may also direct such further information to be published to the Regulatory Body only.

Standard information to be published
Where the Board decides to publish pursuant to Section 38 (5) of the Nurses Act, 1985, the information to be published will be:-

   1. Report of the Fitness to Practise Committee of Inquiry (anonymised as appropriate);
   2. Board decision on sanction, i.e., Erasure* / Suspension* / Attachment of Conditions* / Advise / Admonish / Censure.

* Must be confirmed by High Court prior to any publication.

Complainant
Where there has been a finding made against a nurse of professional misconduct and/or unfitness to practise by reason of physical or mental disability, information will always by published to the complainant, the extent of such publication to be decided by the Board.

Means of publication
The Board will decide on the means of publication. This includes:-

Press Releases

Use of a Press Release to detail confirmation of Committee/Board decisions on finding and sanction.


An Bord Altranais NEWS

Publication in An Bord Altranais NEWS of Committee/Board decisions on finding and sanction.

Letters

Letters should be sent to:

1. The Minister for Health and Children;
2. Employer;
3. Other Regulatory Bodies, in particular to include any other Regulatory Body where the nurse holds or held registration;
4. Any other appropriate person or organisation to whom the information should be sent.
   

Internet

Information will be published on An Bord Altranais website.
In addition, the Register of Nurses, when available on the website, will include, where appropriate, the conditions attached to the retention of a nurse’s name in the Register.