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(This note is not part of the Order)
This Order which is made under the Nursing and Midwifery Order 2001, approves the Rules made by the Nursing and Midwifery Council (the “Council”) which relate to the practice of midwives and their supervision by the Local Supervising Authorities (“LSAs”) which are: in England, Strategic Health Authorities; in Wales, Health Authorities; in Scotland, Health Boards; and in Northern Ireland, the Regional Agency for Public Health and Social Well-being.
Rule 2 contains definitions used in the Rules.
Rule 3 requires a midwife to give notice to each LSA in whose area she intends to practise. (In an emergency a midwife may give notice after she begins practising in an LSA’s area provided this is done within 48 hours of her beginning to practise). She must subsequently give notice in advance in respect of each period of twelve months in which she intends to continue practising there, by a date specified under rule 3(3). If the midwife does not give notice of her intention to continue practising, she can only recommence practice after giving notice under rule 3(2).
Rule 4 requires an LSA to publish the name and address to which notice must be sent under rule 3. The LSA must inform the Council (in the form and at such frequency as it requires) of notices the LSA receives.
Rule 5 provides that a midwife, in providing care or advice to a woman or care to a baby during childbirth, must do so in accordance with the Council’s standards of conduct, performance and ethics.
Rule 6 requires a midwife to transfer to her employer records relating to the care or advice provided to a woman or care provided to a baby, following their discharge from her care. If the midwife is self-employed, she must preserve the records safely or, if she is unable to do so or when she ceases to be registered with the Council, the midwife is required to transfer the records to the LSA in respect of her main, or former main, geographical area of practice.
Rule 7 requires an LSA to appoint a local supervising authority midwifery officer who will be responsible for exercising its functions in relation to supervision of midwives. A person appointed as a local supervising authority midwifery officer must be a practising midwife and meet standards of experience and education set by the Council.
Rule 8 requires an LSA to appoint an adequate number of supervisors of midwives to supervise practising midwives in its area. A person appointed as a supervisor of midwives must be a practising midwife and meet standards of experience and education set by the Council. The rule requires a supervisor of midwives to complete such periods of relevant learning following her appointment as the Council shall require.
Rule 9 provides that each practising midwife shall have a named supervisor with whom she should meet at least once a year to review the midwife’s practice and to identify her education needs. Supervisors are required to keep records of their supervisory activities. An LSA must ensure that every practising midwife in its area has 24 hour access to a supervisor.
Rule 10 requires an LSA to publish its procedure for reporting and investigating adverse events relating to midwifery practice or allegations of impaired fitness to practice against midwives practising in its area; and the procedure by which it deals with complaints or allegations of impaired fitness to practise against midwifery officers or supervisors of midwives.
Rule 11 provides that a representative of the Council or an LSA may inspect the records or documents held by an LSA or inspect a midwife’s place of work. Persons acting on behalf of the Council in this respect must include a practising midwife. Rule 11(3) and (4) provide that, where she is in a position to do so, a midwife must permit inspection of her place of work.
Rule 12 provides that, where an LSA has concerns about whether a local supervising authority midwifery officer or a supervisor of midwives meets the Council’s standards, it shall report its concerns to the Council as soon as reasonably practicable.
Rule 13 requires an LSA to submit regular reports to the Council containing the information required by the Council. Under that rule, the Council may also request additional information to be provided by an LSA within such period as it may specify.
Rule 14 provides that an LSA may, following an appropriate investigation, suspend a midwife from practice where the LSA intends to refer an allegation to the Council that the midwife’s fitness to practise is impaired. The LSA must immediately notify the midwife concerned, and must notify the Council of the suspension as soon as reasonably practicable. Under Rule 14(3), where the LSA has notified the Council of a suspension, the Practice Committee to which the allegation of impaired fitness to practise has been referred must determine whether to make an interim suspension order or interim conditions of practice order in respect of that midwife. Rule 14(4) provides that an LSA must revoke its suspension of a midwife where the Practice Committee has made a determination in accordance with Rule 14(3).
Rule 15 revokes the Nursing and Midwifery Council (Midwives) Rules 2004.
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