PART IV | Discipline and fitness to practise |
24.—(1) A Complaints Committee shall consist of up to 4 members, of whom at least 2 shall be members of the Board.| (2) A member of a Complaints Committee shall, notwithstanding that he has ceased to be a member of the Board on the expiry of his term of office, continue to be a member of the Committee until such time as the Committee has completed its work on any matter referred to the Committee before the member ceased to be a member of the Board. |
| (3) The Board may appoint an advocate and solicitor (referred to in this Part as the Board’s solicitor) for the purposes of a hearing by a Complaints Committee under Division 2 or 3 of this Part, and pay to him, as part of the Board’s expenses, such remuneration as the Board may determine. |
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| Procedure of Complaints Committee |
25.—(1) The Chairman of a Complaints Committee may at any time summon a meeting of the Committee.| (2) Any resolution or decision in writing signed by the Chairman and all the members of a Complaints Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Committee where the Chairman and all its members were present. |
| (3) Any question arising at a meeting of the Complaints Committee shall be determined by a majority of votes and, in the case of an equality of votes, the Chairman shall have a casting vote. |
| (4) Where a Complaints Committee is of the opinion that it will not be able to complete its investigation within the period specified in section 37(6) of the Act, the Committee may apply in writing to the Board for an extension of time to complete its investigation and the Board may grant such extension of time to the Committee as it thinks fit. |
| (5) Subject to the provisions of this Part, all information, including such book, document, paper or other records used by the Complaints Committee in the course of its deliberations, shall be confidential and shall not be disclosed to any person including the respondent unless the Committee in its discretion decides otherwise. |
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| Division 2 — Investigation into disciplinary matter |
| Complaint against registered nurse, etc. |
26.—(1) Where a complaint, or information, referred to in section 37(1)(a) or (b) of the Act has been made or given to the Board, the Registrar shall send to the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse in respect of whom the complaint or information is made or given (referred to in this Division as the respondent) —| (a) | a copy of the complaint or information; and | | (b) | a notice inviting the respondent to submit to the Board any explanation in writing he may wish to offer on the complaint or matter. |
| (2) The Registrar may refer the complaint or matter and any explanation of the respondent to a Complaints Committee. |
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27.—(1) Where a Complaints Committee has, after due investigation, decided to convene a hearing in respect of the complaint or matter, the Chairman of the Committee shall inform the Registrar and the executive secretary of the Board of the decision of the Committee.(2) The Registrar shall thereafter give a notice to the respondent stating —| (a) | the date, time and place of the hearing; and | | (b) | the complaint or matter which the Complaints Committee will inquire into. [S 176/2013 wef 01/04/2013] |
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| (3) The hearing shall not be fixed on a date earlier than 28 days from the date of the notice to the respondent except with the agreement of the respondent. |
| (4) On application to the Complaints Committee, the respondent may request postponement of the hearing, and the Committee may, in its discretion, grant the request and postpone the hearing to such date as it may determine, or refuse the application. |
| (5) An application referred to in paragraph (4) shall be made in writing to the Chairman of the Complaints Committee at least 14 days before the date of the hearing and shall be supported by good reasons. |
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| Supply of documents for hearing |
28.—(1) If the respondent wishes to raise any defence at the hearing, he or his counsel shall, at least 10 days before the date fixed for the hearing, send to the Board’s solicitor —| (a) | a concise statement of the grounds of his defence; | | (b) | any document to be used at the hearing; and | | (c) | a list of the witnesses he intends to call at the hearing. |
| (2) The Board’s solicitor shall, as soon as possible, send to the executive secretary of the Board a copy of any statement, document or list of witnesses received under paragraph (1). |
(3) The Board’s solicitor shall, at least 10 days before the commencement of the hearing, send the following to the executive secretary of the Board and the respondent or his counsel:| (a) | a list of the witnesses he intends to call at the hearing; and | | (b) | copies of any document to be used at the hearing. |
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| (4) The Complaints Committee may give notice to the respondent or his counsel to produce before the Committee any document in the possession of the respondent or his counsel which may be relevant to the matter before the Committee. |
| (5) The Complaints Committee may, in any particular case, waive all or any of the requirements of this regulation. |
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29.—(1) At the hearing, the case against the respondent may be presented by the Board’s solicitor.| (2) The respondent may appear in person or be represented by counsel. |
| (3) Where neither the respondent nor his counsel is present, the Complaints Committee may proceed with the hearing if it is satisfied that regulation 27 has been complied with. |
(4) The Complaints Committee shall adopt the following procedure in respect of the hearing but may make such variations or modifications in any particular case:| (a) | the charge or charges against the respondent shall first be read out to the respondent; | | (b) | the respondent or his counsel may object to any charge on a point of law, and if any such objection is upheld, no further proceedings shall be taken by the Committee on the charge to which the objection relates; | | (c) | the Board’s solicitor shall present the facts on which the complaint or information is based and adduce evidence of the facts alleged in the charge or charges; | | (d) | the respondent or his counsel may adduce evidence of his own to substantiate his defence; | | (e) | both the Board’s solicitor and the respondent or his counsel may cross-examine witnesses of the other party after the evidence-in-chief has been completed and either party may re-examine their witnesses after the cross-examination; | | (f) | at the close of the case, the respondent or his counsel may address the Committee; and | | (g) | the Board’s solicitor shall make his closing address. |
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| (5) The Complaints Committee shall not be bound to act in any formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit. |
| (6) If the Complaints Committee is satisfied that the respondent or his counsel is hampering or attempting to hamper the progress of the hearing, it shall administer a warning to the respondent or his counsel. |
| (7) If the Complaints Committee is satisfied that any such warning is disregarded, the Committee shall proceed to complete the hearing in any manner it thinks fit. |
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30.—(1) If, in any case where the Complaints Committee has adjourned its hearing of a case, it appears to the Chairman of the Committee that the Committee should resume its hearing of the case, the Chairman of the Committee shall notify the Board’s solicitor and the respondent or his council of the date, time and place where the Committee will resume its hearing.| (2) Regulations 28 and 29 shall apply, with the necessary modifications, to any resumed hearing under this regulation. |
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| Hearing for 2 or more persons |
| 31. Nothing in these Regulations shall be construed as preventing one hearing being conducted in respect of matters relating to 2 or more persons. |
32.—(1) Where the legal assessor appointed under section 39 of the Act has been invited to be present at any hearing before a Complaints Committee, he shall —| (a) | advise the Committee only on questions of law arising from the hearing; and | | (b) | inform the Committee forthwith of any irregularity in the conduct of the hearing and advise it of his own motion where it appears to him that, but for such advice, there is a possibility of a mistake of law being made. |
| (2) Subject to paragraph (3), the advice of the legal assessor shall be tendered in the presence of every party to the hearing, or person representing a party, who is present at the hearing. |
| (3) If, in the case of any question referred by the Complaints Committee to the legal assessor after the Committee has begun to deliberate as to its findings, the Committee considers that it would be prejudicial to the discharge of its duties for the advice to be tendered in the presence of the parties or their representatives, the question may be tendered in their absence. |
| (4) If the legal assessor tenders any advice in the absence of the parties or their representatives, he shall, as soon as possible, personally inform them of the question which has been put to him by the Complaints Committee and of his advice thereon, and his advice shall subsequently be put in writing and a copy thereof shall be given to each party or his representative. |
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| Division 3 — Investigation to determine fitness to carry out nursing or midwifery |
| 33. In this Division, “fitness to practise”, in relation to a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse, means his mental or physical ability to perform the functions of a registered nurse, an enrolled nurse, a registered midwife or an Advanced Practice Nurse, as the case may be. |
| Complaint against registered nurse, etc. |
34.—(1) Where a complaint, or information, referred to in section 37(1)(c) of the Act has been referred by the Registrar to a Complaints Committee, the Chairman of the Committee may send to the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse in respect of whom the complaint or information is made or given (referred to in this Division as the respondent) a copy of the complaint or information together with a notice in writing —| (a) | inviting him to agree within 14 days to an examination by at least 2 medical practitioners to be appointed by the Committee and to the medical practitioners furnishing to the Committee reports on his fitness to practise; or | | (b) | if the information received by the Committee includes reports on the respondent by medical practitioners who have recently examined him, and it appears to the Committee that the reports afford sufficient medical evidence that the respondent’s fitness to practise may be impaired by reason of a physical or mental condition, so informing him. |
(2) The Complaints Committee shall, in the notice referred to in paragraph (1) —| (a) | inform the respondent that he may nominate not more than 2 medical practitioners to examine him and report to the Committee on his fitness to practise at his own expense; and | | (b) | invite the respondent to submit any observation or other evidence which he may wish to offer as to his own fitness to practise. |
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(3) If the respondent —| (a) | refuses to be examined; | | (b) | having agreed to a medical examination, fails to submit to the medical examination when it has been arranged by the Complaints Committee; | | (c) | in the case of a medical examination by a medical practitioner nominated under paragraph (2)(a), fails to submit himself to the medical examination within 30 days of the despatch of the notice referred to in paragraph (1) or such further period as the Complaints Committee may allow; or | | (d) | does not reply to the Complaints Committee within 14 days of the despatch of the notice referred to in paragraph (1) or such further period as the Committee may allow, |
| the Complaints Committee may forthwith proceed with its inquiry and make such recommendation as it considers appropriate. |
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35.—(1) If the respondent agrees to submit to a medical examination by medical practitioners appointed by the Complaints Committee, the executive secretary of the Board shall make arrangements for such examination.(2) The Complaints Committee shall send to the medical practitioners referred to in paragraph (1) or medical practitioners nominated by the respondent the information received by the Committee and shall ask them to report to the Committee —| (a) | on the fitness of the respondent to practise, either generally or on a limited basis; and | | (b) | on their recommendations, if any, as to the management of his case. |
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| Provision of medical reports to respondent |
36.—(1) The Complaints Committee shall —| (a) | send to the respondent copies of the reports obtained from the medical practitioners referred to in regulation 35; and | | (b) | invite the respondent to submit any further written observations or other evidence which he may wish to offer as to his own fitness to practise. |
| (2) If, in the opinion of the Complaints Committee, the reports referred to in paragraph (1)(a) contain any material which is not relevant to its inquiry and which it would not be in the best interests of the respondent for him to see, the Committee may exclude such material from the documents sent to the respondent under paragraph (1)(a). |
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37.—(1) Where a Complaints Committee has, after due investigation, decided to convene a hearing, the Chairman of the Committee shall inform the Registrar and the executive secretary of the Board of the decision of the Committee.(2) The Registrar shall thereafter give a notice to the respondent —| (a) | indicating the physical or mental condition by reason of which it is alleged that the respondent’s fitness to practise is impaired; | | (b) | stating the date, time and place at which the hearing will be held; | | (c) | inviting him to state whether he proposes to attend the hearing; and | | (d) | informing him that he may be represented by an advocate and solicitor (referred to in this Part as counsel) at the hearing and be accompanied by his medical adviser. [S 176/2013 wef 01/04/2013] |
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| (3) The notice shall be accompanied by copies of any reports, written statements and other documents before the Complaints Committee. |
| (4) The hearing shall not be fixed on a date earlier than 28 days after the date of the notice except with the agreement of the respondent. |
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38.—(1) The Chairman of the Board may arrange for one or more medical assessors, appointed under section 39(3) of the Act, to assist the Complaints Committee at its hearing.| (2) In choosing a medical assessor to assist the Complaints Committee, the Chairman of the Board shall have regard to any opinion expressed by the Committee as to the nature of the matters on which medical advice would be useful. |
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39.—(1) The Complaints Committee may, at any stage of the hearing —| (a) | with the consent of the respondent; or | | (b) | where, after consultation with the legal assessor, it is satisfied that its reception is desirable to enable it to carry out the inquiry, |
| refer to any written statement or medical reference material, notwithstanding that its author or, in the case of medical reference material, a medical expert may not be called, if a copy of the written statement or medical reference material is made available to the respondent at or before the hearing. |
| (2) Where the Complaints Committee is of the opinion that the written statement or medical reference material which it referred to should be supplemented by oral testimony, the Committee may require the author or, in the case of medical reference material, a medical expert be called as a witness, and adjourn the hearing for that purpose. |
| (3) The Complaints Committee shall be entitled to disregard the written statement or medical reference material upon the resumption of hearing if the oral testimony requested for is not given. |
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| Application of certain regulations |
| 40. Regulations 27(3), (4) and (5), 28, 29, 31 and 32 shall apply, with the necessary modifications, to a hearing under this Division. |
41.—(1) Regulation 30 shall apply to a hearing under this Division in the same manner as it applies to a hearing under Division 2.| (2) Before resuming any hearing, the Chairman of the Complaints Committee may invite the respondent to submit to a further medical examination in the manner provided in regulation 35 with such modifications as the Committee thinks fit. |
| (3) The validity of any hearing by the Complaints Committee shall not be called into question by reason only that any medical assessor who was present at the original hearing was not present at the resumed hearing or that a medical assessor present at the resumed hearing was not present at the original hearing. |
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| Matters which Complaints Committee may consider |
| 42. In making its finding as to the fitness of the respondent to practise, the Complaints Committee shall be entitled to consider the respondent’s current physical or mental condition, or a continuing or episodic condition, or a condition which, although currently in remission, may be expected to recur. |
| Division 4 — Procedure before Board |
| Report of Complaints Committee |
43.—(1) The report of a Complaints Committee to the Board shall consist of the information obtained by the Committee, its findings and recommendations.| (2) The information shall be set out in the form of a narrative but the Complaints Committee may, in its discretion, record any particular question and answer. |
| (3) Where a hearing is conducted, the proceeding shall be recorded in sufficient detail to enable the Board to follow the course of the proceeding. |
(4) The Complaints Committee may recommend to the Board to do any of the following:| (a) | order that the complaint or matter be dismissed; | | (b) | order that a penalty or a combination of the penalties referred to in section 19(2) and (2A) of the Act be imposed; | | (c) | make such other order as the Committee considers appropriate. |
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44.—(1) The Board may, upon considering the report of the Complaints Committee, either —| (a) | accept the recommendation and make the recommended order; | | (b) | require the Committee to reconvene to consider further evidence and to meet for that purpose; or | | (c) | make such other order as the Board thinks fit. |
| (2) The respondent shall be given no less than 14 days’ notice of any further hearing convened by the Complaints Committee under paragraph (1)(b). |
| (3) The Board shall notify the respondent concerned and the person who made the complaint or gave the information, if any, of its decision. |
| (4) The Board may announce any order made in such terms as the Board may approve. |
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| Transcript of notes of investigation |
| 45. Upon the application of any interested party and payment of the applicable fee specified in the Second Schedule, the Board may furnish that party with a transcript of the notes of any investigation by a Complaints Committee and its findings, the Board’s decision or a copy of any document tendered at a hearing by the Committee under this Part. |
| Publication of account of investigation |
| 46. The Board may, in its discretion, publish an account of the investigation by a Complaints Committee and its findings and the Board’s decision. |
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