PART III.

Midwives.

23. —(1) The Board shall maintain a roll of midwives.

(2) The Board shall publish the roll of midwives at such times and in such manner as the Minister directs.

(3) The former roll shall, upon the appointed day, become the roll of midwives.

(4) The Board shall cause—

(a) any verbal or clerical errors in the roll of midwives to be rectified,

(b) any entry in the roll of midwives procured by fraud or misrepresentation to be cancelled,

(c) any change in the address of a woman registered in the roll of midwives to be noted therein,

(d) to be removed from the roll of midwives the name of any woman registered therein where they are satisfied that she has died or where they do not receive an answer to a letter sent to her under sub-section (6) of this section within six months after it is sent.

(5) It shall be the duty of a midwife to notify the Board of any change in her name or address.

(6) The Board may send by registered post to any midwife a letter, addressed to her address as stated on the roll of midwives, inquiring whether she has changed her name or address.

(7) The secretary of the Board, acting subject to the directions of the Board, shall be charged with the custody and correction of the roll of midwives.

24. —(1) The Board shall register in the roll of midwives every woman who—

(a) applies in the prescribed manner for registration therein, and

(b) has completed the prescribed courses of training, and

(c) has passed the prescribed examinations, and

(d) satisfies the Board that she is of good character, and

(e) forwards with her application the prescribed fee and the prescribed documents.

(2) Where any woman applies to the Board for registration in the roll of midwives and—

(a) such woman shows to the satisfaction of the Board—

(i) that she is certified by any controlling authority exercising jurisdiction outside the State under any enactment for the time being in force which provides for the certification by such controlling authority of persons entitled to attend women in childbirth, and

(ii) that she has undergone, for the purpose of being so entitled, training and examination of a standard not lower than that adopted by the Board, and

(iii) that she is of good character, and

(b) the Board are satisfied that such controlling authority certifies or is prepared to certify women registered under this Act on reciprocal terms, and

(c) such woman forwards with her application the prescribed fee,

the Board shall register such woman in the roll of midwives.

(3) Notwithstanding anything contained in the foregoing sub-sections of this section, the Board shall not register in the roll of midwives any woman whom the Board consider to be physically, or mentally, unfit to attend women in childbirth and, for the purposes of this sub-section, the Board may require an applicant for registration in the roll of midwives to produce such evidence of her physical and mental fitness as they may direct.

(4) If any question arises under the foregoing sub-sections of this section as to the right of any woman to be registered in the roll of midwives, such question shall be determined by the Minister, whose decision shall be final.

25. —(1) The Board may, in accordance with rules made under this Act, remove the name of any midwife from the roll of midwives.

(2) The rules made for the purposes of this section shall, in particular, provide that, where it is proposed to remove the name of any midwife from the roll of midwives, proceedings in that behalf shall be instituted before the Board and that in those proceedings the defendant shall have the opportunity of answering the allegations made against her.

(3) The name of a midwife shall not be removed from the roll of midwives save where the Board are satisfied as a result of proceedings for removal from the roll of midwives that—

(a) the midwife has been guilty of conduct which in the opinion of the Board is infamous misconduct or professional misconduct, or

(b) the midwife has been convicted in the State of treason or of a felony or misdemeanour or has been convicted outside the State of a crime or offence which would be a felony or misdemeanour if committed in the State, or

(c) has been convicted of an offence under this Act, or

(d) has disobeyed the rules made by the Board under this Act, or

(e) is physically or mentally unfit to attend women in childbirth.

(4) The Board shall give notice of every removal under this section of a name from the roll of midwives to every local supervising authority concerned and to the Minister.

(5) The Board may, if they so think proper, pay all or any part of the costs and expenses incurred by the defendant in relation to any proceedings for removal from the roll of midwives.

(6) The Board shall supply free of charge any form to be filled up by the defendant in any proceedings for removal from the roll of midwives, together with a properly stamped envelope for the return of such form.

26. —(1) In any proceedings for removal from the roll of mid-wives, the Board may, in lieu of removal, caution or reprimand the defendant or suspend her from practice for a specified period not exceeding twelve months.

(2) The Board shall give notice of every caution, reprimand, and suspension under this section to every local supervising authority concerned and to the Minister.

(3) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

27. —(1) In any proceedings for removal from the roll of midwives—

(a) the Board may take evidence on oath and for that purpose the presiding member of the Board may administer oaths, and

(b) the Board may accept a statutory declaration as evidence.

(2) Where in proceedings for removal from the roll of midwives, the Board accept a statutory declaration as evidence, a copy of the declaration shall be given to the defendant not less than ten days before the hearing and she shall be entitled to require the Board to secure the attendance of the declarant for examination at the hearing.

(3) The Board may, by giving, either personally or by post, written notice in that behalf to any person, require such person to attend on the day (being at least seven days after the day on which the notice is given) and at the time and place specified in the notice to give evidence in relation to any matter arising in any proceedings for removal from the roll of midwives or to produce any documents in his possession, custody, or control which relate to any such matter.

(4) A person giving evidence at any proceedings for removal from the roll of midwives shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) It shall not be necessary for a person to attend in compliance with a notice under this section at a place more than ten miles from his ordinary place of residence unless the reasonable and necessary expenses of his attendance have been paid or tendered to him by the Board.

(6) Any person who in compliance with a notice under this section attends at any place shall, save in so far as the reasonable and necessary expenses of his attendance have already been paid to him, be paid such expenses by the Board and such expenses, save as aforesaid, shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(7) Subject to the provisions of sub-section (5) of this section, every person to whom a notice has been given under this section who refuses or wilfully neglects to attend in accordance with the notice, or who wilfully alters, suppresses, conceals, or destroys any document to which the notice relates, or who, having so attended, refuses to take the oath or to give evidence, or refuses or wilfully fails to produce any document to which the notice relates, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

28. —(1) Where by the decision of the Board in any proceedings for removal from the roll of midwives, the name of the defendant is removed from the roll of midwives or the defendant is suspended from practice, the defendant may appeal from the decision of the Board either to the High Court or the Minister (but not to both) within three months after the notification to her of such decision.

(2) The decision of the High Court or the Minister (as the case may be) on an appeal under this section shall be final.

(3) Where an appeal under this section is successful—

(a) in the case of an appeal to the High Court, the court may award costs against the Board, and

(b) the Board shall give notice of the result of the appeal to every local supervising authority concerned and (where the appeal was to the High Court) to the Minister, and

(c) where the decision appealed against was a decision removing a name from the roll of midwives, the name shall be restored to the roll of midwives, and

(d) where the decision appealed against was a decision either removing a name from the roll of midwives or suspending a midwife from practice, the Board may, if they so think fit, pay to the appellant such sum as they consider reasonable compensation for any loss of practice sustained by her between the decision of the Board and the determination of the appeal or, where the appellant was suspended from practice by the Board on the institution of the proceedings before the Board, between the institution of the proceedings and the determination of the appeal.

29. —The Board may, in accordance with rules made under this Act and on payment of the prescribed fee (if any), restore to the roll of midwives for any reason which they consider sufficient the name of any woman whose name has been removed therefrom.

30. —(1) The Board may, on removing the name of any midwife from the roll of midwives, direct that she shall not be in employment in any capacity in a maternity home.

(2) A woman to whom a direction under this section relates shall not, so long as her name remains removed from the roll of midwives, be in employment in any capacity in a maternity home.

(3) A woman who is in employment in contravention of sub-section (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

31. —(1) The Board shall issue to every woman who becomes a midwife or whose name is restored to the roll of midwives a certificate certifying that she is registered in the roll of midwives.

(2) Where the Board, on the application of a midwife, are satisfied that her midwife's certificate has been destroyed, the Board may issue to her a new certificate certifying that she is registered in the roll of midwives.

(3) Where the Board remove the name of any midwife from the roll of midwives, she shall, within fourteen days after the notification to her of the decision of the Board, return her midwife's certificate to the Board for cancellation, and, if she fails to do so, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Where a midwife dies, the person having custody of her midwife's certificate shall, within fourteen days after her death, return the certificate to the Board for cancellation, and, if such person fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(5) In a prosecution for an offence under this section, it shall be a good defence if it is shown to the satisfaction of the court that there was reasonable cause for the failure of the defendant to comply with the requirement to which the prosecution relates.

32. —(1) Where any proceedings for removal from the roll of midwives are instituted, the Board may, in accordance with rules made under this Act, suspend the defendant from practice until the decision of the Board is given in such proceedings.

(2) The Board shall give notice of every suspension from practice under this section to every local supervising authority concerned and to the Minister.

(3) Where any proceedings for removal from the roll of midwives are dismissed by the Board and the defendant was suspended from practice by the Board under this section pending the decision of the Board, the Board may, if they so think fit, pay to the defendant reasonable compensation for any loss of practice sustained by her during the suspension.

(4) If any midwife practises in contravention of a suspension under this section she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

33. —A local supervising authority shall investigate every charge of disobeying the rules of the Board or of other misconduct reported to them against a midwife practising in their district and if, consequent upon such investigation, they consider that there is a prima facie case against the midwife, they shall report to the Board accordingly.

34. —(1) Where a report is made under the next preceding section in relation to any midwife, the local supervising authority concerned may, in accordance with rules made under this Act, suspend the midwife until proceedings for the removal of her name from the roll of midwives have been instituted or it has been decided that such proceedings shall not be instituted.

(2) Notice of every suspension from practice under this section shall be given to the Board and to the Minister.

(3) Where any proceedings for removal from the roll of midwives terminate in favour of the midwife and the midwife was suspended from practice under this section prior to the institution of such proceedings, or where it has been decided, in a case where a midwife is suspended from practice under this section, that proceedings for the removal of her name from the roll of midwives shall not be instituted, the local supervising authority may, if they so think fit, pay to the midwife reasonable compensation for any loss of practice sustained by her during the suspension.

(4) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

35. —(1) A local supervising authority shall, in accordance with rules made under this Act, suspend from practice any midwife practising in their district whenever they are of opinion that it is necessary to do so for the purpose of preventing the spread of infection.

(2) Where a local supervising authority suspends under this section a midwife from practice, such local supervising authority may, if they so think fit, pay to her reasonable compensation for her loss of practice.

(3) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

36. —(1) A local supervising authority may, in accordance with rules made under this Act, suspend from practice any midwife practising in their district against whom proceedings in the District Court in respect of any offence under this Act have been instituted until such proceedings have been finally determined.

(2) Where a local supervising authority suspend under this section a midwife from practice and the proceedings on account of which she was suspended terminate in her favour, such local supervising authority may, if they so think fit, pay to such midwife reasonable compensation for her loss of practice.

(3) If any midwife practises in contravention of a suspension under this section, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

37. —A local supervising authority shall, in accordance with rules made under this Act, exercise general supervision over the midwives practising in their district.

38. —The Board may, by rules made under this Act, make provision for the courses of training and examinations to be taken by candidates for registration in the roll of midwives and such rules may, in particular, provide—

(a) for the keeping by the Board of a register of the candidates and for the conditions to which registration in such register shall be subject, and

(b) for the approval by the Board for the purposes of such rules of lecturers and teachers and of institutions in which the courses of training may be taken, and

(c) for the conditions of admission to the examinations, and

(d) for the granting of certificates to persons taking the courses of training and passing the examinations.

39. —The Board may, by rules made under this Act, make provision for courses of training and examinations for midwives and for the granting to midwives taking such courses and passing such examinations, of certificates or diplomas and such rules may, in particular, provide—

(a) for the approval by the Board for the purposes of such rules of lecturers and teachers and of institutions in which the courses of training may be taken, and

(b) for the conditions of admission to the examinations.

40. —(1) The Board may hold the examinations provided for by rules made under this Act and may, by such rules, regulate the conduct of such examinations.

(2) The examiners (none of whom shall be a member of the Board) at every examination held under this section shall be appointed by the Board, shall hold such qualifications and have such experience in midwifery as the Board think proper, and shall be remunerated in accordance with a scale fixed by the Board with the approval of the Minister.

(3) An entrant for an examination held under this section shall pay to the Board the prescribed fee (which shall not exceed one guinea) in respect of that examination.

41. —A midwife may add to her name the designation “State Certified Midwife”.

42. —(1) It shall not be lawful for any person other than a woman registered in the roll of midwives to take or use the name or title of midwife, either alone or in combination with any other word or words, or to take or use any name, title, addition, or description implying that such person is registered in the roll of midwives or, save in the case of a registered medical practitioner, implying that such person is specially qualified or recognised by law as a practitioner of midwifery.

(2) Any person acting in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

43. —The Board shall by rules made under this Act, regulate supervise, and restrict within due limits the practice of midwifery by midwives and the conduct of midwives.

44. —(1) The Board shall, by rules made under this Act, provide for the issue by the Board to midwives of badges denoting that the wearers are midwives.

(2) Rules for the purposes of this section may, in particular, make provision in respect of the following matters, that is to say:—

(a) the pattern of midwives' badges;

(b) the fee to be paid to the Board on the issue of a midwife's badge; and

(c) the circumstances in which a new midwife's badge may be issued in lieu of a midwife's badge lost, damaged, or destroyed.

(3) Whenever rules for the purposes of this section are for the time being in force, the following provisions shall have effect, that is to say:—

(a) it shall not be lawful for any person other than the midwife to whom a midwife's badge is issued to wear such badge;

(b) it shall not be lawful for any person to whom a midwife's badge is issued to lend the badge to, or permit the badge to be worn by, any other person;

(c) it shall not be lawful for any person to wear a colourable imitation of a midwife's badge;

(d) where the name of any midwife to whom a midwife's badge has been issued is removed from the roll of midwives, she shall within fourteen days from the notification to her of the removal surrender the badge to the Board;

(e) where the name of any woman who has surrendered her midwife's badge under paragraph (d) of this sub-section is restored to the roll of midwives, the Board shall return the badge to her; and

(f) where a midwife to whom a midwife's badge has been issued dies, the person having custody of the badge shall return it to the Board within fourteen days after death.

(4) If any person contravenes (whether by act or omission) any of the provisions of the immediately preceding sub-section of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(5) In a prosecution for an offence consisting of a contravention of paragraph (d) or paragraph (f) of sub-section (3) of this section, it shall be a good defence if it is shown to the satisfaction of the court that there was reasonable cause for the failure of the defendant to comply with the requirement to which the prosecution relates.

45. —(1) Where any midwife proposes to start practising in the district of any local supervising authority, she shall give notice to such local supervising authority of such proposal and of her residence.

(2) Where any midwife who has practised in the district of a local supervising authority during any year proposes to continue practising in that district during the next following year, she shall, during the month of January in the latter year, give notice of such proposal to such local supervising authority.

(3) Where any midwife attends any woman in childbirth in a district of a local supervising authority in which she does not ordinarily practise, she shall immediately give notice of the attendance to such local supervising authority, or if she is unable to give such notice immediately, shall give it not later than forty-eight hours after the attendance.

(4) Where any practising midwife changes her name or address, she shall give notice of such change to every local supervising authority within whose district she is practising.

(5) In addition to the notices specified in the foregoing sub-sections of this section, a midwife shall give to the local supervising authority for every district in which she practises such other notices as are specified in rules made under this Act.

(6) Every notice under this section shall be given in accordance with and in the form specified by rules made under this Act and, if any midwife fails to give as aforesaid any such notice, she shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

46. —(1) Where a midwife attends at a childbirth in which any emergency specified in rules made under this Act occurs, she shall call in to her assistance in accordance with such rules a registered medical practitioner.

(2) Where a midwife calls in to her assistance under this section a registered medical practitioner she shall forthwith report the nature of the emergency and the name of the practitioner to the local supervising authority for the district in which the practitioner attended.

(3) Where a registered medical practitioner has, in response to a call made by a midwife under this section, attended in any emergency, the practitioner may report the nature of the emergency to the local supervising authority for the district in which he attended and thereupon such local supervising authority shall pay to the practitioner the appropriate fee.

(4) Notwithstanding anything contained in sub-section (3) of this section, where a registered medical practitioner who, in response to a call made by a midwife under this section, has attended in an emergency is a medical officer for a dispensary district and the patient is a person eligible for medical assistance under the Public Assistance Act, 1939 (No. 27 of 1939), and resides in the district of such medical officer, no fee shall be payable under the said sub-section.

(5) If for the purposes of sub-section (4) of this section, any doubt, dispute, or question arises as to whether a person is or is not a person eligible for medical assistance under the Public Assistance Act, 1939 , such doubt, dispute, or question shall be decided by the relevant public assistance authority, and such decision shall be final.

(6) Where a local supervising authority pays under this section a fee for the attendance of a registered medical practitioner, the husband or other person responsible for the patient shall, unless the patient is a person eligible for medical assistance under the Public Assistance Act, 1939 , pay the amount of the fee to the local supervising authority, and such amount shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(7) The Minister may by regulations specify the fees to be paid under this section to registered medical practitioners and may by such regulations specify conditions governing the payment of such fees.

(8) Nothing in sub-section (1) of this section or any rules made for the purposes of that sub-section shall be construed as preventing the Minister from requiring a midwife of a dispensary district, when calling in to her assistance under this section a registered medical practitioner, to call in the medical officer of such district, if he is available.

(9) In this section—

the expression “dispensary district” means a dispensary district for the purposes of the Public Assistance Act, 1939 ;

the expression “the appropriate fee” means such fee (if any) as is, in the particular case in question, appropriate in accordance with the regulations made under sub-section (7) of this section.

47. —(1) The Board may, by rules made under this Act, require midwives to attend from time to time such courses of instruction as may be approved of by the Board or provided or arranged by them.

(2) Rules for the purposes of this section shall provide that a midwife employed by a local authority shall not be required to attend any course of instruction to which the rules relate except in accordance with the arrangements made by the local authority in pursuance of sub-section (3) of this section.

(3) A local authority by whom a midwife is employed shall, in accordance with such directions as the Minister may give from time to time,—

(a) grant leave of absence to the midwife to attend any course of instruction to which rules for the purposes of this section relate, and

(b) pay a substitute for the midwife during the attendance, and

(c) pay to the midwife travelling expenses in respect of the attendance (including subsistence allowance during the period of the attendance) in accordance with the relevant regulations under sub-section (1) of section 19 of the Local Government Act, 1941 (No. 23 of 1941), and any relevant authorisation under sub-section (3) of that section in like manner as if the attendance was part of the official duties of the midwife.