The Nurses, Midwives and Health Visitors (Professional Conduct) (Amendment) (No. 2) Rules 2002 Approval (Scotland) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order, which extends to Scotland only, approves the Nurses, Midwives and Health Visitors (Professional Conduct) (Amendment) (No. 2) Rules 2002 (“the Amendment Rules”), which are set out in the Schedule.

The Amendment Rules amend rules 31, 32, 33, 34, 37, 42 and 49 of, and the Second Schedule to, the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1993 (“the Rules”) (as set out in the Schedule to S.I. 1993/893 and amended as set out in the Schedules to S.S.I.s 2001/54 and 2002/59).

The Rules are made by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“the Council”).

A nurse, midwife or health visitor is referred to in this Explanatory Note as a “practitioner”.

Rule 31 provides for the submission of information received by the Registrar of the Council, raising a question as to the fitness to practise of a practitioner, to professional screeners. The screeners may appoint two medical examiners to examine the practitioner’s fitness to practice. The practitioner may also nominate medical practitioners to report on the practitioner’s fitness to practise. This rule is amended to allow one medical examiner to be appointed or nominated instead of two. The amendment allows for the appointment of two medical examiners where necessary or desirable. A third medical examiner may be appointed in the event of their failure to agree.

Rule 32 provides for the Registrar to make arrangements for the examination of a practitioner by medical examiner(s) and for any examination by a medical practitioner nominated by the practitioner. The rule requires that information received by the Registrar and the professional screeners be sent to the medical examiner(s). This rule is amended to take account of the amendments to rule 31 regarding the number of medical examiners and adds a requirement that the information received by the Registrar and the professional screeners be sent, in addition, to any medical practitioner nominated by the practitioner.

Rule 33 provides for the action to be taken following examination of a practitioner by medical examiner(s). This rule is amended to take account of the amendments to Rule 31 regarding the number of medical examiners and to clarify which information is to be referred to the Health Committee under rule 33(2)(a).

Rule 34 provides for the examination of a practitioner by medical examiner(s) where a case has been referred to the professional screeners by the Preliminary Proceedings Committee, the President or the Professional Conduct Committee of the Council. This rule is amended to allow one medical examiner to be appointed instead of two. The amendment allows for the appointment of two medical examiners where necessary or desirable. A third medical examiner may be appointed in the event of their failure to agree. The medical examiners are to be chosen by the professional screeners in accordance with the Second Schedule to the Rules.

Rule 37 provides for the preliminary circulation of evidence to the Health Committee of the Council. This rule is amended to take account of the amendments to Rule 31 regarding the number of medical examiners.

Rule 42 provides for questions being put in proceedings before the Health Committee. This rule is amended to allow questions to be put to a witness by a medical practitioner nominated by the practitioner.

Rule 49 provides for the termination of a suspension and restoration to the register. Part of the process is an examination as to the applicant’s fitness to practise. This rule is amended to require that the examination be carried out by one medical examiner chosen by the professional screeners in accordance with the Second Schedule to the Rules. Two medical examiners may be appointed if necessary or desirable, and a third, in the event of their failure to agree.

The Second Schedule deals with the nomination of persons from a number of professional bodies to hold the position of “medical examiner” and on the role of such persons. Schedule 2 is amended to require the Council and not the Health Committee to choose from the persons nominated.