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Impairment Panels
Section 70M of the Nurses and Midwives Act 1991 provides for Impairment Panels to be appointed by the Nurses and Midwives Board whenever the Board decides to refer a matter for consideration by a Panel. Prior to amendments to the legislation commencing on 1 August 2004, Panels were known as Impaired Nurses Panels. 

Section 70N of the Act provides that the Board appoints three members to each Panel, of whom one must be a nurse or midwife and one must be a medical practitioner.

An Impairment Panel meets with the nurse or midwife and reviews available information including medical reports. The Panel may counsel the nurse or midwife or may recommend that the nurse or midwife agree to a voluntary suspension or conditions being imposed on registration or enrolment.

The Board may impose conditions or suspend the registration or enrolment of a nurse or midwife only if a Panel has recommended that the Board do so, and if the Board is satisfied that the nurse or midwife has voluntarily agreed to the conditions.

If a nurse's or midwife's impairment cannot be satisfactorily dealt with by a Panel, the Panel may recommend to the Board that the impairment be dealt with as a complaint. While matters discussed with a Panel and the Panel's report are confidential, section 70K(1A) permits disclosure to the Health Care Complaints Commission if a complaint is subsequently made.

While the Board decides to refer to an Impairment Panel, appoints persons to sit on a Panel, and has the Panel's expenses paid from the Board's account, the Board does not direct the Panel or influence its decision in any way.
     
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