Nurses and Midwives Act 1999

Nurses and Midwives Act 1999

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish the Singapore Nursing Board, to provide for the registration and enrolment of nurses, the registration of midwives and the certification of Advanced Practice Nurses and for matters connected therewith.

[1 May 2000]

PART 1

PRELIMINARY

Short title

1.  This Act is the Nurses and Midwives Act 1999.

Interpretation

2.  In this Act, unless the context otherwise requires —

“accredited” means accredited by the Board;

“Advanced Practice Nurse” means a registered nurse who is certified as an Advanced Practice Nurse under section 32;

“appointed member” means a member appointed under section 3(2)(d);

“Board” means the Singapore Nursing Board established under section 3;

“certificate of enrolment” means a certificate of enrolment granted under section 17;

“certificate of registration” means a certificate of registration granted under section 17;

“Complaints Committee” means a Complaints Committee appointed under section 37;

“enrolled” means enrolled under section 14, 15 or 16, and “enrol”, “enrolling” and “enrolment” have corresponding meanings;

“enrolled nurse” means a person who is enrolled as an enrolled nurse, and includes a person who is deemed to be enrolled as an enrolled nurse under section 46(2);

“medical practitioner” means a person registered under the Medical Registration Act 1997;

“member” means a member of the Board;

“practising certificate” means a practising certificate issued by the Board under section 18;

“Register” means the Register of Nurses or Register of Midwives kept under section 13 (as the case may be) or both the Register of Nurses and the Register of Midwives;

“registered” means registered under section 14, 15 or 16, and “register”, “registering” and “registration” have corresponding meanings;

“registered midwife” means a person who is registered as a registered midwife, and includes a person who is deemed to be registered as a registered midwife under section 46(3);

“registered nurse” means a person who is registered as a registered nurse, and includes a person who is deemed to be registered as a registered nurse under section 46(1);

“Registrar” means the Registrar of the Board, and includes any individual acting in that capacity;

“Roll” means the Roll of Nurses kept under section 13.

[5/2018]

PART 2

SINGAPORE NURSING BOARD

Establishment and membership of Board

3.—(1)  A body called the Singapore Nursing Board is established, which is a body corporate with perpetual succession and a common seal.

(2)  The Board consists of the following members:

(a) the Director‑General of Health or his or her representative;

[Act 11 of 2023 wef 01/05/2023]

(b) the Director-General of Education or his or her representative;

(c) the Chief Nursing Officer;

(d) 14 other members to be appointed by the Minister, of whom at least —

(i) 9 must be registered or enrolled nurses with at least 5 years’ experience in the practice of nursing; and

(ii) 2 must be registered midwives with at least 5 years’ experience in the practice of midwifery.

(3)  Only a citizen or permanent resident of Singapore may be appointed as a member.

(4)  An appointed member holds office for a term of 3 years or such shorter period as the Minister may in any case determine, and is eligible for re‑appointment at the end of his or her term of office.

Removal of appointed member from office

4.  The Minister may remove an appointed member from office if the member —

(a) is an undischarged bankrupt;

(b) has been found guilty in Singapore or elsewhere of professional misconduct;

(c) has been convicted in Singapore or elsewhere of an offence involving dishonesty, fraud or moral turpitude;

(d) is unable to satisfactorily carry out the duties of his or her office because of a mental or physical disability; or

(e) is absent without leave of the Board from 3 consecutive meetings of the Board or any of its committees.

Vacancy in Board

5.—(1)  The office of an appointed member becomes vacant if —

(a) the member dies;

(b) the member’s term of office expires;

(c) the member resigns by written notice to the Minister;

(d) the member ceases to satisfy the qualifications referred to in section 3 by virtue of which the member was eligible for appointment; or

(e) the member is removed from office under section 4.

(2)  Upon the office of an appointed member becoming vacant, the Minister must appoint a person to the vacant office, and the person so appointed holds office for the remainder of the term for which the person’s predecessor would have held office if the vacancy had not occurred.

(3)  The Board may act despite any vacancy in the Board.

(4)  No act done by or by the authority of the Board is invalid in consequence of any defect that is afterwards discovered in the appointment of the members or any of them.

Chairperson of Board

6.—(1)  The Minister must appoint one of the members as the Chairperson of the Board.

(2)  The Chairperson of the Board presides at any meeting of the Board and, in the Chairperson’s absence, a member whom the members present may elect presides at that meeting.

Meetings and quorum

7.—(1)  At any meeting of the Board, 7 members form a quorum.

(2)  Any decision at a meeting of the Board is to be adopted by a simple majority of the votes of the members present and voting and, in the case of an equality of votes, the member presiding at that meeting has a casting vote.

(3)  Subject to this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own procedure.

[5/2018]

Functions of Board

8.  The functions of the Board are —

(a) to approve or reject applications for registration and enrolment of nurses and for registration of midwives;

(b) to approve or reject applications for certification of Advanced Practice Nurses;

(c) to issue practising certificates;

(d) to accredit —

(i) courses in Singapore for the purposes of registration and enrolment of nurses, registration of midwives and certification of Advanced Practice Nurses;

(ii) courses in Singapore which provide qualifications in nursing or midwifery in addition to those required for registration and enrolment; and

(iii) the institutions in Singapore offering any of these courses;

(e) to regulate standards for the training and education of registered nurses, enrolled nurses, registered midwives and Advanced Practice Nurses;

(f) to regulate the standards and scope of practice of registered nurses, enrolled nurses, registered midwives and Advanced Practice Nurses;

(g) to regulate the professional conduct and ethics of registered nurses, enrolled nurses, registered midwives and Advanced Practice Nurses; and

(h) generally to do all such acts, matters and things as are necessary or authorised to be carried out under this Act.

Appointment of executive secretary and other employees

9.  The Board may appoint an executive secretary and such other employees on such terms as the Board may determine.

Appointment of committees

10.—(1)  The Board may appoint one or more committees for any general or special purpose which, in the opinion of the Board, may be better dealt with or managed by a committee.

(2)  The Board may delegate to any committee so appointed, with or without restrictions or conditions as the Board thinks fit, any of the powers or functions which may be exercised or performed by the Board.

(3)  The number and term of office of the members of a committee and the number of those members necessary to form a quorum are to be fixed by the Board.

(4)  A committee may include persons who are not members of the Board.

(5)  This section does not apply to a Complaints Committee.

Payment of members of Board and of committees

11.  There are to be paid to —

(a) the members; and

(b) the members of any committee appointed under section 10 and the members of any Complaints Committee appointed under section 37,

who are not public officers such fees as may be approved by the Minister.

PART 3

REGISTRATION AND ENROLMENT

Registrar

12.—(1)  There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

[5/2018]

Register and Roll

13.—(1)  In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must keep and maintain —

(a) a register to be called the Register of Nurses which consists of such parts as the Board may determine;

(b) a roll to be called the Roll of Nurses which consists of such parts as the Board may determine; and

(c) a register to be called the Register of Midwives.

[5/2018]

(2)  The Registrar must enter in the appropriate part of the Register or Roll, as the case may require, the name of every person who is registered or enrolled, together with such other particulars as the Board may determine.

(3)  Every registered nurse, enrolled nurse and registered midwife must inform the Registrar in writing of any change in his or her name, working address, residential address, or such of his or her other particulars as may be prescribed, within 28 days of the change.

(4)  A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (3) on the date on which the person makes the report.

(5)  The Registrar may disclose, in accordance with any prescribed conditions, any information in the Register or Roll to any prescribed person.

Registration and enrolment

14.—(1)  Subject to sections 15 to 17, a person who satisfies the Board that —

(a) the person has successfully completed —

(i) a course in nursing accredited for the purposes of this subsection in an accredited institution; or

(ii) a course in nursing outside Singapore which in the opinion of the Board is equivalent to a course mentioned in sub‑paragraph (i); and

(b) the person has fulfilled such other conditions as the Board may specify for the person’s case,

may be registered as a registered nurse.

(2)  Subject to sections 15 to 17, a person who satisfies the Board that —

(a) the person has successfully completed —

(i) a course in nursing accredited for the purposes of this subsection in an accredited institution; or

(ii) a course in nursing outside Singapore which in the opinion of the Board is equivalent to a course mentioned in sub‑paragraph (i); and

(b) the person has fulfilled such other conditions as the Board may specify for the person’s case,

may be enrolled as an enrolled nurse.

(3)  Subject to sections 15 to 17, a person who satisfies the Board that —

(a) the person has successfully completed —

(i) a course in midwifery accredited for the purposes of this subsection in an accredited institution; or

(ii) a course in midwifery outside Singapore which in the opinion of the Board is equivalent to a course mentioned in sub‑paragraph (i); and

(b) the person has fulfilled such other conditions as the Board may specify for the person’s case,

may be registered as a registered midwife.

(4)  The registration of a person as a registered nurse or enrolment of a person as an enrolled nurse must be in that part of the Register of Nurses or Roll which the Board considers appropriate to the person’s case.

Medical examination, induction programme, competency assessment and provisional registration and enrolment

15.—(1)  Before registering or enrolling a person under section 14, the Board may require the person to submit himself or herself to a medical examination by a medical practitioner approved by the Board to determine if the person can perform satisfactorily the functions of a registered nurse, an enrolled nurse or a registered midwife (as the case may be) and the Board may refuse to register or enrol the person if the person fails to submit himself or herself to such an examination.

(2)  The medical examination must be at the person’s own expense.

(3)  Before registering or enrolling a person under section 14, the Board may require the person to undergo such induction programme as may be approved by the Board, and the Board may refuse to register or enrol the person if the person fails to undergo or complete such induction programme.

(4)  Before registering or enrolling a person under section 14, the Board may require the person to undergo such competency assessment as may be approved by the Board, and the Board may refuse to register or enrol the person if the person fails or fails to undergo the assessment.

(5)  Subject to section 17, the Board may provisionally register as a registered nurse or registered midwife, or provisionally enrol as an enrolled nurse —

(a) a person who has been required under subsection (1) to submit himself or herself to a medical examination;

(b) a person who has been required under subsection (3) to undergo an induction programme; or

(c) a person who has been required under subsection (4) to undergo a competency assessment.

(6)  The provisional registration of a person as a registered nurse or provisional enrolment of a person as an enrolled nurse must be in that part of the Register of Nurses or Roll which the Board considers appropriate to the person’s case.

(7)  If a person who is provisionally registered or enrolled becomes registered or enrolled under section 14, the person’s registration or enrolment dates from the person’s provisional registration or enrolment.

Temporary registration and enrolment

16.—(1)  Subject to section 17, where a person has fulfilled such conditions as the Board may specify for the person’s case, the Board may temporarily register the person as a registered nurse or registered midwife, or temporarily enrol the person as an enrolled nurse, in order to enable the person —

(a) to teach, undertake research or study in Singapore;

(b) to undergo training under a training scheme approved by the Board; or

(c) to provide voluntary nursing or midwifery service under a volunteer nursing scheme or volunteer midwifery scheme approved by the Board.

(2)  The temporary registration of a person as a registered nurse or temporary enrolment of a person as an enrolled nurse must be in that part of the Register of Nurses or Roll which the Board considers appropriate to the person’s case.

(3)  A temporary registration or enrolment —

(a) must be for a period not exceeding 2 years; and

(b) may be renewed for periods not exceeding 12 months at a time.

General provisions for registration and enrolment

17.—(1)  Every application for registration or enrolment must be made in such form, and must be accompanied by such documents, particulars and fee, as may be prescribed by the Board.

(2)  The Board may, in registering or enrolling a person, impose such conditions on the person as the Board considers appropriate to the person’s case, and may at any time vary or revoke the conditions or impose new conditions on the person.

(3)  Without limiting subsection (2), the conditions may include —

(a) a condition limiting the fields of nursing or midwifery (as the case may be) in which the person may practise; and

(b) in the case of a person to be registered or enrolled under section 14, a condition that the person must work for a specified period —

(i) in a hospital, nursing home, medical clinic, or other organisation, approved by the Board; and

(ii) under the supervision of a person, or a person of a particular class, approved by the Board.

(4)  Upon the registration or enrolment of a person, the Board must grant to the person a certificate of registration or certificate of enrolment, as the case may be.

(5)  The Board may refuse to register or enrol any person who, in the opinion of the Board —

(a) may not be registered or enrolled in accordance with section 14 or 16, as the case may be; or

(b) is not of good reputation and character.

(6)  The Board may refuse to register or enrol any person if the Board is satisfied that —

(a) the person had his or her registration or enrolment as a nurse or his or her registration as a midwife in any country withdrawn, suspended or cancelled; or

(b) because of a mental or physical disability, the person is unable to perform satisfactorily the functions of a registered nurse, an enrolled nurse or a registered midwife, as the case may be.

(7)  Where the Board refuses to register or enrol any person, the Board must, by written notice, inform the person of such refusal.

(8)  A person who is aggrieved by a refusal of the Board to register or enrol the person may, within one month of the notice given under subsection (7), appeal to the Minister whose decision is final.

Practising certificate

18.—(1)  A registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse who desires to obtain a practising certificate must apply to the Board in such form and manner as the Board may prescribe.

(2)  The application referred to in subsection (1) must be accompanied by the prescribed fee.

(3)  A practising certificate is valid for such period as the Board may determine.

(4)  An application for the renewal of a practising certificate must be made no later than one month before the expiry of the practising certificate and must be made in such form and manner as the Board may prescribe.

(5)  A registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse who applies for a practising certificate later than one month before the expiry of the practising certificate is liable to pay to the Board such late application fee as the Board may prescribe.

(6)  The Board may ––

(a) refuse to grant a practising certificate to a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse; or

(b) refuse to renew the practising certificate of a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse,

if the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse (as the case may be) fails to comply with any prescribed condition.

(7)  Where —

(a) a registered nurse (including an Advanced Practice Nurse), an enrolled nurse or a registered midwife has had his or her registration or enrolment cancelled or suspended on any of the grounds specified in section 19(1)(a) to (f); or

(b) an Advanced Practice Nurse has had his or her certification cancelled or suspended under section 19(3),

he or she must surrender his or her practising certificate to the Board within 14 days of such cancellation or suspension and, in the case of such cancellation, his or her practising certificate must be cancelled.

(8)  Where the practising certificate of an Advanced Practice Nurse has been cancelled in accordance with subsection (7)(b), the Board may issue him or her a practising certificate as a registered nurse in lieu thereof.

(9)  Any person who fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Cancellation, etc., of registration or enrolment

19.—(1)  The Board may exercise any one or more of the powers mentioned in subsection (2) and, where applicable, subsection (3), if the Board is satisfied that a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse —

(a) has obtained his or her registration as a registered nurse or registered midwife, enrolment as an enrolled nurse or certification as an Advanced Practice Nurse, fraudulently or by a materially incorrect statement;

(b) has contravened section 13(3) or any condition imposed on him or her under subsection (2)(c) or (12) or section 17(2), or to which he or she is subject by virtue of section 46(4);

(c) has had his or her registration or enrolment as a nurse, registration as a midwife or certification as an Advanced Practice Nurse, in a territory outside Singapore, cancelled or suspended;

(d) has been convicted of an offence in Singapore or elsewhere which in the opinion of the Board renders him or her unfit to remain on the Register or the Roll or to practise as an Advanced Practice Nurse;

(e) has been guilty of any misconduct, or negligence, which in the opinion of the Board renders him or her unfit to remain on the Register or the Roll or to practise as an Advanced Practice Nurse;

(f) is unable to perform satisfactorily the functions of a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse because of a mental or physical disability;

(g) has not renewed his or her practising certificate for a continuous period of not less than the prescribed period; or

(h) is deceased.

(2)  The powers mentioned in subsection (1) are as follows:

(a) cancel the registration of a registered nurse (including an Advanced Practice Nurse) or registered midwife or the enrolment of an enrolled nurse;

(b) suspend the registration of a registered nurse (including an Advanced Practice Nurse) or registered midwife or the enrolment of an enrolled nurse for a period of not more than 2 years;

(c) order that the registration of a registered nurse (including an Advanced Practice Nurse) or registered midwife or the enrolment of an enrolled nurse be conditional on his or her compliance with such conditions as may be imposed by the Board;

(d) impose on the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse, a financial penalty not exceeding $2,000;

(e) censure the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse; or

(f) issue to the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse, a written warning.

(3)  Where the Board is satisfied that there are grounds under subsection (1) to exercise its powers against an Advanced Practice Nurse, the Board may, in addition to or in lieu of any power mentioned in subsection (2) ––

(a) cancel the certification of the Advanced Practice Nurse or suspend his or her certification for a period of not more than 2 years, without cancelling or suspending his or her registration as a registered nurse; or

(b) order that the certification of the Advanced Practice Nurse be conditional on his or her compliance with such conditions as may be imposed by the Board.

(4)  Despite subsection (3), where an Advanced Practice Nurse has had his or her registration as a registered nurse cancelled or suspended under subsection (2), his or her certification as an Advanced Practice Nurse must be correspondingly cancelled or suspended for the same period.

(5)  The Board must, before exercising any of its powers under subsection (2) or (3) —

(a) notify the person of its intention to exercise the power and give the person an opportunity to be heard either personally or by counsel; and

(b) if the complaint or matter against the person has been referred by the Board to a Complaints Committee under section 37(1), consider the findings of the Committee as reported to the Board.

(6)  A person whose registration or enrolment is cancelled or suspended under subsection (2) on any of the grounds specified in subsection (1)(a) to (f) must surrender the person’s certificate of registration or certificate of enrolment (as the case may be) to the Board within 14 days of such cancellation or suspension.

(7)  An Advanced Practice Nurse ––

(a) who is required under subsection (6) to surrender his or her certificate of registration as a registered nurse; or

(b) whose certification as an Advanced Practice Nurse is cancelled or suspended under subsection (3),

must surrender his or her Advanced Practice Nurse certificate to the Board within 14 days of the cancellation or suspension of his or her registration as a registered nurse or certification as an Advanced Practice Nurse, as the case may be.

(8)  Where an Advanced Practice Nurse has had his or her certification cancelled or suspended under subsection (3) or (4), he or she is not to be regarded as being certified as an Advanced Practice Nurse, but immediately upon the expiry of the period of suspension (if any) his or her rights and privileges as an Advanced Practice Nurse are revived, and the Board must return his or her Advanced Practice Nurse certificate to him or her.

(9)  Any person who fails to comply with subsection (6) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

(10)  Where the registration or enrolment of a person has been suspended under subsection (2), the person is not to be regarded as being registered or enrolled (as the case may be) for the purposes of this Act.

(11)  Subject to subsection (12), immediately upon the expiry of the period of suspension, the person’s rights and privileges as a registered nurse, an enrolled nurse or a registered midwife (as the case may be) are revived and the Board must return the person’s certificate of registration or certificate of enrolment to the person.

(12)  Where the registration or enrolment of a person has been suspended under subsection (2) on the ground referred to in subsection (1)(f), the Board may, upon the expiry of the period of suspension, order that the person’s registration or enrolment (as the case may be) be conditional on the person’s compliance with such conditions as may be imposed by the Board.

(13)  Where the person in question is both —

(a) a registered nurse or an enrolled nurse; and

(b) a registered midwife,

the Board may take any action under this section in relation to both the person’s registration as a registered nurse and the person’s registration as a registered midwife, or both the person’s enrolment as an enrolled nurse and the person’s registration as a registered midwife (as the case may be) without having to institute separate proceedings.

Costs

20.—(1)  Where the Board is satisfied that there are grounds under section 19(1)(a), (b), (d), (e) or (f) to exercise its powers against a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse, the Board may, in addition to any power which the Board may exercise under section 19, order the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse (as the case may be) to pay to the Board such sums as the Board thinks fit in respect of the costs and expenses of the inquiry by the Board.

(2)  The General Division of the High Court has jurisdiction to tax the sums ordered to be paid under subsection (1).

[40/2019]

(3)  The sums ordered to be paid under subsection (1) may be recovered as a debt in any court with competent jurisdiction.

Appeal

21.—(1)  Any person who is aggrieved by a decision of the Board under section 19(2) or (3) may, within 3 months of the date of the decision or within such further period as the General Division of the High Court may allow, appeal to the General Division of the High Court against the decision.

[40/2019]

(2)  There is no appeal from a decision of the General Division of the High Court.

[40/2019]

Conviction final and conclusive

22.  The Board in taking action under section 19, and the General Division of the High Court on appeal from an order of the Board under section 19, must accept the conviction of a registered nurse, an enrolled nurse or a registered midwife for a criminal offence as final and conclusive.

[40/2019]

Application for re-registration, re‑enrolment or re‑certification

23.—(1)  A person whose ––

(a) registration or enrolment has been cancelled under section 19(2); or

(b) certification as an Advanced Practice Nurse has been cancelled under section 19(3) or (4),

may apply to the Board to be re-registered as a registered nurse or registered midwife, re‑enrolled as an enrolled nurse or re‑certified as an Advanced Practice Nurse.

(2)  The Board may, after considering all relevant circumstances, and upon the compliance by the applicant with all conditions imposed by the Board (if any) and the payment of the prescribed fee, re‑register or re‑enrol the applicant or re‑certify the applicant as an Advanced Practice Nurse.

(3)  Where the registration or enrolment of a person or certification of an Advanced Practice Nurse has been cancelled on any of the grounds referred to in section 19(1)(b) to (e), no application for the re‑registration, re‑enrolment or re‑certification of that person may be made to the Board —

(a) before the expiry of 3 years from the date of the cancellation; or

(b) more than once in any period of 12 months.

Publication of registered nurses, etc., with practising certificates

24.  The Registrar must prepare and publish in the Gazette a list of the names, addresses and qualifications of all registered nurses, enrolled nurses and registered midwives who have in force practising certificates.

Certificate of Registrar

25.  A certificate purporting to be under the hand of the Registrar to the effect that, at any time or during any period specified in the certificate, any person was or was not a registered nurse, an enrolled nurse or a registered midwife, or had or did not have in force a practising certificate, or as to any entry in the Register or Roll, or the removal from the Register or Roll of any entry is, in the absence of proof to the contrary, and without further proof of the signature appended to the certificate, sufficient evidence of the matters specified in the certificate.

PART 4

OFFENCES

False assumption of title of nurse, etc.

26.—(1)  Any person who —

(a) not being a qualified nurse, takes or uses the name or title of nurse in any language, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform or badge, implying that the person is a qualified nurse or that the person is qualified to carry out an act of nursing;

(b) not being a qualified midwife, takes or uses the name or title of midwife or its equivalent in any language, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform or badge, implying that the person is a qualified midwife or that the person is qualified to practise midwifery;

(c) being a person whose name is included in any part of the Register or Roll, takes or uses any name, title, addition or description or otherwise does any act which falsely implies that the person’s name is included in some other part of the Register or Roll, as the case may be;

(d) knowing that some other person is not a qualified nurse and with intent to deceive, makes any statement or does any act calculated to suggest that that other person is a nurse or qualified nurse; or

(e) knowing that some other person is not a qualified midwife and with intent to deceive, makes any statement or does any act calculated to suggest that that other person is a midwife or qualified midwife,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(2)  For the purposes of this section and sections 27, 28 and 29 —

“act of nursing” means an act of nursing in —

(a) the observation, care and counsel of the ill, injured or infirm;

(b) the maintenance of health or prevention of illness of others; or

(c) the supervision or teaching of nursing,

the proper carrying out of which requires skill and knowledge acquired by undergoing an accredited course of nursing or an equivalent course;

“qualified midwife” means a registered midwife who holds a valid practising certificate authorising him or her to practise midwifery;

“qualified nurse” means a registered or enrolled nurse who holds a valid practising certificate authorising him or her to practise nursing.

Practice of nursing or midwifery by unqualified person

27.—(1)  No person other than a qualified nurse may carry out any act of nursing for a fee or reward.

(2)  No person other than a qualified midwife may attend a woman at childbirth for a fee or reward.

(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

(4)  Subsection (1) does not apply to a person who carries out any act of nursing while undergoing a course in nursing if the act is carried out —

(a) under the supervision of a registered or enrolled nurse; and

(b) in an organisation approved by the Board.

(5)  Subsection (2) does not apply to a person who attends a woman at childbirth while undergoing a course in midwifery if the attendance is carried out —

(a) under the supervision of a registered midwife; and

(b) in an organisation approved by the Board.

(6)  Subsections (1) and (2) do not apply to —

(a) a medical practitioner;

(b) a person rendering assistance in an emergency; or

(c) a person of a prescribed description or class carrying out such act, or acting in such circumstances, as may be prescribed for the person’s case.

(7)  A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of this section.

Employment of unqualified person to practise nursing or midwifery

28.—(1)  A person must not employ or engage a person who is not a qualified nurse to carry out any act of nursing.

(2)  A person must not employ or engage a person who is not a qualified midwife to attend a woman at childbirth.

(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

(4)  Subsections (1) and (2) do not apply to the employment or engagement of —

(a) a medical practitioner;

(b) a person to care for —

(i) the person employing or engaging him or her; or

(ii) a family member, relative or friend of the person employing or engaging him or her; or

(c) a person of a prescribed description or class.

(5)  In any proceeding for an offence under this section, it is a defence for a defendant to prove that —

(a) the defendant did not know that the person concerned was not a qualified nurse or qualified midwife, as the case may be; and

(b) the defendant had exercised due diligence to ascertain if that person was a qualified nurse or qualified midwife, as the case may be.

Nurse’s agents

29.—(1)  A nurse’s agent must not —

(a) arrange for a person who is not a qualified nurse to carry out any act of nursing;

(b) arrange for a person who is not a qualified midwife to attend a woman at childbirth; or

(c) arrange for a registered nurse, an enrolled nurse or a registered midwife to work in contravention of the conditions of his or her registration or enrolment.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)  In any proceeding for an offence in respect of a contravention of subsection (1)(a) or (b), it is a defence for a defendant to prove that —

(a) the defendant did not know that the person concerned was not a qualified nurse or qualified midwife, as the case may be; and

(b) the defendant had exercised due diligence to ascertain if that person was a qualified nurse or qualified midwife, as the case may be.

(4)  In any proceeding for an offence in respect of a contravention of subsection (1)(c), it is a defence for a defendant to prove that —

(a) the defendant was not aware that the registration or enrolment of the person concerned is subject to the condition which was contravened; and

(b) the defendant had exercised due diligence to ascertain the conditions to which the registration or enrolment of that person is subject.

(5)  For the purposes of subsection (1), “nurse’s agent” means a person who carries on, for a fee or reward, the business of arranging the supply of the services of a nurse or a midwife.

Fraudulent registration, etc.

30.  Any person who —

(a) procures or attempts to procure registration, enrolment, a certificate of registration, a certificate of enrolment or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certification, application or representation whether in writing or otherwise;

(b) wilfully makes or causes to be made any false entry in the Register or Roll;

(c) forges or alters a certificate of registration, a certificate of enrolment or a practising certificate;

(d) fraudulently or dishonestly uses as genuine a certificate of registration, a certificate of enrolment or a practising certificate which the person knows or has reason to believe is forged or altered; or

(e) buys, sells or fraudulently obtains a certificate of registration, a certificate of enrolment or a practising certificate,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.