S.I. No. 20/1983:

THE EUROPEAN COMMUNITIES (RECOGNITION OF MIDWIFERY NURSING QUALIFICATIONS) REGULATIONS 1983.

THE EUROPEAN COMMUNITIES (RECOGNITION OF MIDWIFERY NURSING QUALIFICATIONS) REGULATIONS 1983.

The Minister for Health, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:

1. These Regulations may be cited as the European Communities (Recognition of Midwifery Nursing Qualifications) Regulations, 1983.

2. (1) In these Regulations--

"Directive No. 80/154/EEC" means the Directive so numbered adopted by the Council of the European Communities on the 21st day of January, 1980 and published in the Official Journal of the European Communities Volume 23 No. L 33 dated 11th February 1980.

"Directive No. 80/155/EEC" means the Directive so numbered adopted by the Council of the European Communities on the 21st day of January, 1980 and published in the Official Journal of the European Communities Volume 23 No. L 33 dated 11th February 1980.

"The Board" means An Bord Altranais established under section 7 of the Nurses Act, 1950 (No. 27 of 1950).

(2) In these Regulations, words and phrases shall have the same meaning as in the Directives referred to in paragraph (1).

3. These Regulations shall apply to nationals of Member States of the European Communities who possess diplomas, certificates and other evidence of formal qualifications in midwifery awarded in a Member State.

4. These Regulations shall come into operation on 23rd day of January, 1983.

5. The Nurses Act, 1950 , is hereby amended--

( a ) by the addition to section 2 of the following definitions--

"the expression "Directive No. 80/154/EEC" means the Directive so numbered adopted by the Council of the European Communities on the 21st day of January 1980 and published in the Official Journal of the European Communities Volume 23 No. L 33 dated 11th February 1980.

the expression "Directive No. 80/155/EEC" means the Directive so numbered adopted by the Council of the European Communities on the 21st day of January 1980 and published in the Official Journal of the European Communities Volume 23 No. L 33 dated 11th February 1980."

( b ) by the addition of the following subsection to section 42--

"(4) Notwithstanding the provisions of sub-section (1) the Board shall register in the appropriate division of the register for midwives the name of any person, being a national of a Member State of the European Economic Community, who makes application to the Board for registration in that division of the register and

(i) who at the time of such application, holds a diploma, certificate or other evidence of formal qualifications in midwifery awarded in accordance with Article 1 of Directive No. 80/155/EEC and referred to in Articles 2 and 3 of Directive No. 80/154/EEC; or

(ii) who, at the time of such application, holds a diploma, certificate or other evidence of formal qualifications in midwifery referred to in Article 5 of Directive No. 80/154/EEC awarded prior to and during a period of not more than six years after 23 January 1980 and in respect of whom a certificate has been issued by a competent authority designated in accordance with Article 18 of Directive No. 80/154/EEC stating that such person has been effectively and law-fully engaged in midwifery activities for at least three years during the five years prior to the date of issue of the certificate.".

6. In the exercise of its functions in relation to the award of the certificate of "Registered Midwife" to persons commencing training after the coming into operation of these Regulations the Board shall satisfy itself that the requirements of Article 1 of Directive No. 80/155/EEC have been complied with.

7. The Board is hereby designated, in accordance with Article 18 of Directive No. 80/154/EEC, to be the competent authority or body in the State for the following purposes of that Directive--

to issue and receive--

(i) certificates under Article 4;

(ii) certificates under Article 5;

(iii) certificates under paragraph 1 of Article 7;

(iv) documents under paragraph 2 of Article 7;

(v) information under paragraph 3 of Article 7;

(vi) information under paragraphs 1 and 2 of Article 8;

(vii) certificates under Article 9;

(viii) information under paragraph 1 of Article 13;

(ix) declarations under paragraph 2 of Article 13;

(x) certificates under paragraph 3 of Article 13;

(xi) information under Article 17;

8. The Board--

( a ) shall be the competent authority in the State to carry out investigations of matters under paragraph 3 of Article 7 and under paragraph 2 of Article 8 of Directive No. 80/154/EEC;

( b ) shall ensure the confidentiality of any information issued or received under Articles 7 and 8 of Directive No. 80/154/EEC.

9. In the case of the provision of services in the State pursuant to Article 13 of Directive No. 80/154/EEC by a national of a Member State who, while not established in the practice of midwifery in the State, is so established in another Member State and possesses a diploma, certificate or other evidence of formal qualifications in midwifery referred to in Article 2 of that Directive, the following provisions shall apply--

( a ) the person concerned shall be exempt from the requirement to be registered in the division of the register for midwives maintained by the Board under section 41 of the Nurses Act, 1950 as a condition for the carrying out of functions restricted to midwives by that Act and

( b ) the Board shall require the person concerned to make a prior declaration to the Board in a form to be determined by the Board, concerning the provision of services by the person where they involve a temporary stay in the State; in urgent cases this declaration may be made as soon as possible after the services have been provided;

( c ) the Board shall require the person concerned to supply to it one or more documents, which shall have been issued within the previous twelve months containing the following particulars:

(i) the declaration referred to at (b);

(ii) a certificate stating that the person concerned is lawfully pursuing the activities of midwife in the Member State where he is established, and

(iii) a certificate that the person concerned holds one or other of the diplomas, certificates or other evidence of formal qualifications appropriate for the provision of the services in question and referred to in that Directive;

( d ) where the Board deprives a national of the State or a national of another Member State established in the State of the right to pursue an activity referred to in Article 1 of the Directive, the Board shall ensure the withdrawal of any certificate of the kind referred to at (ii) of paragraph (c) issued by it in respect of that national;

10. The Board may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that other Member State and referred to in Chapters 11 and 111 of Directive No. 80/154/EEC, and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Directive No. 80/155/EEC.

11. The Board may charge such fees as it shall determine from time to time, with the approval of the Minister for Health, for services rendered in its capacity as the designated competent authority or body under Article 6 of these Regulations.

GIVEN under the Official Seal of the Minister for Health this

20th day of January, 1983.

BARRY DESMOND

Minister for Health.

EXPLANATORY NOTE.

Two Directives relating to midwives were adopted by the Council of the European Communities on 21st January 1980. The purpose of the Regulations is to bring into force measures necessary to comply with the Directives.

The first Directive (No. 80/154/EEC) concerns the mutual recognition of midwives' qualifications awarded in the Member States to nationals of the Member States and includes measures to facilitate the exercise of the right of persons holding such qualifications to establish themselves and to provide services anywhere in the Community.

The Second Directive (No. 80/155/EEC) is concerned with setting and maintaining specified minimum standards of midwifery training.

Articles 1 to 3 of the Regulations deal with definitions and other technical matters.

Article 4 specifies 23 January 1983 as the commencement date.

Article 5 adapts the provisions of section 42 of the Nurses Act, 1950 so as to give effect to the requirements of Article 2 of the first Directive which obliges the State to recognise the midwifery qualifications awarded by other Member States to nationals of Member States.

Article 6 obliges An Bord Altranais to satisfy itself that the requirements of the Directives in relation to the training of midwives are complied with.

Article 7 designates An Bord Altranais to be the competent authority or body in the State for the purposes of the functions listed in that Article.

Article 8 designates An Bord Altranais as the competent authority to carry out certain investigations in this country on behalf of other Member States.

Article 9 deals with requirements applicable where a midwife who is established in practice in another Member State comes here to provide a service.

Article 10 provides a means for the resolution of doubts about qualifications.

Article 11 empowers An Bord Altranais to charge fees for services rendered by it in its capacity as the competent authority in this country for the purpose of the Directives.