Dáil Éireann debate -
Wednesday, 17 Apr 2002

Vol. 552 No. 1

Written Answers. - Nursing Legislation.

David Stanton

Question:

313 Mr. Stanton asked the Minister for Health and Children the person or persons in this jurisdiction who are legally entitled to use the title nurse; the Acts and sections of Acts which govern this use; the number of people who have been prosecuted in the past ten years for using this title illegally; and if he will make a statement on the matter. [11298/02]

Minister for Health and Children (Mr. Martin)

The Nurses Act, 1985, number 18 of 1985, provides inter alia for the registration, control and education of nurses and to provide for other matters relating to the practice of nursing and the persons engaged in such practice.

Section 2 of the Act provides the following interpretations: "Midwife" means a person whose name is entered in the midwives division of the register; "nurse" means a woman or a man whose name is entered in the register and includes a midwife and "nursing" includes "midwifery"; "the register" means the register of nurses established under Section 27 of this Act. A nurse therefore is a person whose name is entered in the Register of Nurses established pursuant to Section 27 of the Nurses Act, 1985. Section 49 of the Act creates an offence for the improper use of the title of nurse or midwife and a person found guilty on summary conviction would be liable to a fine not exceeding €1,269 or to a term of imprisonment not exceeding 12 months or at the discretion of the court to both penalties.

In 1994 a successful prosecution was taken by An Bord Altranais against a person for the unlawful use of the title of nurse and for making a false declaration in relation to an application for registration. This was the only prosecution taken by An Bord Altranais under the 1985 Act. An Bord Altranais has not received any other communications from any other body seeking to take a prosecution against a person for the unlawful use of the title of nurse.