Singapore legislation
Section 19
Section 19
Cancellation, etc., of registration or enrolment
(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 —
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;
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);
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;
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;
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;
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;
has not renewed his or her practising certificate for a continuous period of not less than the prescribed period; or
is deceased.
(2)
The powers mentioned in subsection (1) are as follows:
cancel the registration of a registered nurse (including an Advanced Practice Nurse) or registered midwife or the enrolment of an enrolled nurse;
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;
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;
impose on the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse, a financial penalty not exceeding $2,000;
censure the registered nurse, enrolled nurse, registered midwife or Advanced Practice Nurse; or
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) ––
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
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) —
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
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 ––
who is required under subsection (6) to surrender his or her certificate of registration as a registered nurse; or
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 registered nurse or an enrolled nurse; and
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.