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Professional care and public protection
through standards and regulation

Understanding the role of the Nurses and Midwives Board
Our main aim is to maintain and promote professional standards of nursing and midwifery practice in New South Wales. Board members include representatives of registered nurses, registered midwives, enrolled nurses, a legal practitioner and consumers.

Regulation of Nurses and Midwives 
No person can claim to be a registered nurse, registered midwife, nurse practitioner, midwife practitioner, enrolled nurse or enrolled nurse (mothercraft) in New South Wales unless she or he is currently accredited in that capacity by the Nurses and Midwives Board. The legislation provides for penalties of a substantial fine and/or up to one year imprisonment if a person is found guilty of making such a claim when not legally entitled to do so.

Anyone may contact the Nurses and Midwives Board’s office to verify if a person is currently registered or enrolled and whether there are any conditions on a nurse’s or midwife's practice. Nurses' and midwives’ addresses are confidential and are not provided.


What are registered nurses? 
Registered nurses are persons who have met the requirements for their names to be entered in the Register of Nurses. Education programs for registered nurses in New South Wales are three-year bachelor degree or post-graduate courses offered by universities or equivalent higher education institutions and approved by the Nurses and Midwives Board. These courses include theoretical studies, as well as periods of supervised clinical practice within a variety of health, aged and community care facilities.

Registered nurses are members of the health care team which develops plans of care for patients/clients. As part of such teams and individually, registered nurses are responsible for the planning and implementation of nursing care.


What are registered midwives?
Registered midwives are persons who have met the requirements for their names to be entered in the Register of Midwives. Education programs for registered midwives in New South Wales are three-year bachelor degree or post-graduate courses offered by universities or equivalent higher education institutions and approved by the Nurses and Midwives Board. In broad terms, a course must equip graduates to practise midwifery safely and assume responsibility for providing a professional standard of care for the woman, her baby (born or unborn) her partner and significant others. This care should be provided in partnership with the woman within a continuity of care framework during pregnancy, birthing and early parenting within the chosen environment.

What are nurse practitioners? 
Nurse practitioners are registered nurses who have satisfied additional requirements in regard to education and experience in nursing at an advanced level. In some instances, nurse practitioners may be permitted to prescribe medications. 

What are midwife practitioners? 
Midwife practitioners are registered midwives who have satisfied additional requirements in regard to education and experience in midwifery at an advanced level. In some instances, midwife practitioners may be permitted to prescribe medications.

What are enrolled nurses?
Enrolled nurses are persons who have met the requirements for their names to be entered in the Roll of Nurses. Education programs for enrolled nurses in New South Wales are of at least one year duration and are approved by the Nurses and Midwives Board. The courses provide a theoretical base for the enrolled nurse’s practice, as well as supervised clinical experience in a range of health, aged and community care facilities.

Working under the direction and supervision of registered nurses and registered midwives, enrolled nurses provide nursing care to patients, clients or residents (however titled). At all times the enrolled nurse retains responsibility for her/his actions and remains accountable to the registered nurse for delegation functions.


How are educational standards maintained?
The Nurses and Midwives Board establishes criteria to be met by institutions wishing to conduct courses in nursing and midwifery. Institutions and clinical facilities submit proposals for the approval of the Board. Legislation requires that the Board receive advice on courses from the Nurses Practice Committee or Midwives Practice Committee, as applicable. If a course and the education institution offering the course satisfy the Board’s standards, then the Board “recognises” or “grants recognition” to these institutions and courses. Prospective students can have confidence that, when completed, a recognised course at a recognised institution will satisfy the Board’s requirements for registration or enrolment.

Registered nurses, registered midwives and enrolled nurses are expected to keep up-to-date for their particular area of practice. In order to obtain financial assistance for further study or research, nurses may apply for scholarships which are offered by the Board on a regular basis.

Nurses and midwives who have completed courses that have not been “recognised” by the Nurses and Midwives Board must provide documents including sufficient information to satisfy the Board that their education and other professional achievements can be considered equivalent to the education standard established by the Board. In some cases, persons educated in other countries are unhappy to find that their education is not necessarily considered to be at the standard required by the Board; however legislation requires that protection of the health and safety of the public is the over-riding consideration. Where possible, nurses and midwives who are not eligible for registration or enrolment are provided with advice to assist them in achieving the educational standards required for practice in New South Wales.

In addition, separate legislation known as “mutual recognition” legislation provides for persons licensed to practice any occupation in another state or territory of Australia or in New Zealand to be eligible to practice the equivalent occupation in New South Wales. Therefore nurses and midwives from elsewhere in Australia or from New Zealand are usually able to obtain registration or enrolment in New South Wales without having to show that their education satisfied New South Wales standards. 

Unlicensed nursing or midwifery care providers
Within a total health care plan, the professions of nursing and midwifery consider that initial and regular assessment of the nursing and midwifery needs of individuals is the responsibility of a registered nurse or registered midwife, respectively. Following a nursing or midwifery assessment, the registered nurse or registered midwife may delegate care to other carers who have the ability to safely perform the delegated care. Such workers, who fulfil a variety of roles, may include assistants in nursing, personal care assistants, attendants or carers in either institutional and organised care settings or in private homes. It is important to note that the training and practice of these unlicensed workers is not regulated by the Nurses and Midwives Board.

You have a right to know the qualifications of healthcare workers and feel comfortable in asking them about their qualifications.

While the Board does not have jurisdiction with regard to unlicensed nursing or midwifery care providers, the Board is able to take action in regard to a licensed provider (that is registered nurse, registered midwife or enrolled nurse) who delegates or participates in the inappropriate delegation of aspects of care to other persons.

If accessing telephone health services, internet services or other electronics information systems, you may be receiving health care from health providers in other States and Territories in Australia or even other countries. When using electronic information systems, it is important to inquire into the qualifications and registration status of the people providing advice. 

Maintaining professional standards
In the interest of public health and safety, the Nurses and Midwives Board ensures that any complaints you have about the care provided by registered nurses, registered midwives and enrolled nurses are addressed. If any improper practices are found, a nurse’s or midwife's registration or enrolment may be made subject to conditions or may be cancelled. 

How can I make a complaint about the practice of a nurse or midwife?
It may be most effective if a complaint in relation to the conduct or practice of a nurse or midwife is made by speaking to the nurse or midwife’s supervisor or employer. If you are not comfortable in approaching these people, or if you do not received satisfaction, then the complaint may be made directly to the Health Care Complaints Commission (HCCC), or to the Nurses and Midwives Board.

Initially you might choose to telephone the HCCC, or the Board. Officers will then provide you with advice on the necessary steps. For action to proceed in regard to a complaint, you will need to lodge your complaint in writing to the HCCC or to the Board and provide particulars of the complaint. 

What happens to my complaint once it is received?
Every complaint is considered. The Board’s Conduct Committee, in consultation with the HCCC, undertakes an assessment of the complaint and, depending on the circumstances, the HCCC may be asked to undertake an investigation. Following investigation, a serious matter may be referred to a Professional Standards Committee or the Nurses and Midwives Tribunal for a formal inquiry. Professional Standards Committees deal with less serious matters and hearings are more informal and are usually closed. Nurses and Midwives Tribunals deal with more serious matters, with hearings being more formal and open to the public. If a complaint is proven, the nurse or midwife may be subject to conditions on her/his practice such as being required to work under supervision or to complete an education program. In serious cases, the Nurses and Midwives Tribunal has the power to temporarily suspend or indefinitely cancel a nurse or midwife’s registration or enrolment.

Your complaint or notification may concern a nurse or midwife whose ability to practise nursing may be affected by a physical or mental health problem, a disability, or a condition or disorder such as a drug or alcohol problem. Notifications of this nature may be referred by the Board to an Impairment Panel which may lead to the nurse voluntarily accepting conditions on practice or suspension while undergoing treatment. Where a voluntary undertaking by the nurse may not be sufficient, serious health problems may be referred to a Professional Standards Committee or Nurses and Midwives Tribunal so that conditions may be imposed on the nurse’s practice or the nurse’s registration may be cancelled if necessary to protect the public. 

Nursing and Midwifery - regulated professions
There are approximately 100,000 registered nurses, registered midwives and enrolled nurses in New South Wales. As part of regulated professions, registered nurses, registered midwives and enrolled nurses must have completed education programs of required standards, be of good character and be accountable for their practice.

     
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