The Role of the NMC and Complaints Procedures
The Nursing and Midwifery Council (NMC) is the regulatory body responsible for nurses and midwives in the UK. In order to work as a nurse or midwife in the UK, it is essential to be accepted on to the NMC Register. There are currently over 600,000 qualified nurses and 35,000 qualified midwives on the Register. The remit of the NMC is set out in the Nursing and Midwifery Order 2001. The work of the NMC is governed by this and other associated legislation.
Most cases of alleged impairment are referred by employers and the police. However, anyone can refer an allegation to the NMC. The NMC ask that referrers first have their concerns investigated at the local level. If the matter does require referral, the local investigating officer will do this.
Fitness to Practise: when the NMC can take action
The Fitness to Practise (FtP) Directorate processes allegations of impairment of fitness to practise made against nurses and midwives on grounds including misconduct, lack of competence and ill health.
On 16 October 2008, the Commencement Order was brought into force changing the standard of proof at FtP hearings to the civil standard of proof. This means that any hearings commencing on or after 3 November 2008 will be determined using the civil standard of proof. Any cases for which the charge is read out before that date will continue using the criminal standard of proof.
Complaints made on or after 1 August 2004 are governed by the Nursing and Midwifery Order 2001 (New Rule). The FtP Panels under the New Rule are the Investigating Committee Panel, the Conduct and Competence Committee Panel and the Health Committee Panel.
Complaints made on or before 31 July 2004 are governed by the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1993 (Old Rule). The FtP Panels under the Old Rule are the Preliminary Proceedings Committee Panel, the Professional Conduct Committee Panel and the Health Committee Panel. Unfortunately, we are unable to advise on cases governed by the Old Rule.
NMC Sanction and Disposal options
- Striking off Order
- Removal - incorrect or fraudulent entry
- Caution Order (1 to 5 years)
- Conditions of Practice Order (up to 3 years)
- Interim Suspension Order (up to 18 months)
- Interim Conditions of practise order (up to 18 months)
- Suspension Order (up to 12 months
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