HEALTH PROFESSIONAL’S OBLIGATION TO REPORT INCAPACITY

Under Section 43 of the Nurses Act 1999, health professionals have an obligation to provide a report to the Nurses Board if they believe that the ability of the nurse to provide nursing care is seriously impaired.

"Obligation to report incapacity

43. If a health professional who has a nurse as a patient or client believes that the ability of the nurse to provide nursing care is, or may be, seriously impaired by a physical incapacity or a mental incapacity (or both), the health professional must submit a written report to the Board stating—

(a) the grounds on which the belief is based; and

(b) all other prescribed information.

Maximum penalty: $1,250"

"Interpretation

"health professional" means—

(a) a medical practitioner; or

(b) a psychologist or a neuropsychologist; or

(c) any other person who belongs to a profession, or who has an occupation, declared by the Board, by notice in the Gazette, to be a profession or occupation within the ambit of this definition."

Requirements of a report

The report must be in writing to the Nurses Board stating the grounds on which the belief is based and address the information prescribed in Regulation 8, Regulations under the Nurses Act 1999.

"8. For the purposes of section 43 of the Act, the following information is prescribed:

(a) the prognosis of the illness or incapacity of the nurse; and

(b) full details of any treatment being received by the nurse for any illness or
incapacity; and

(c) full details of any form of nursing care that, in the opinion of the health professional, the nurse is unfit to provide; and (d) if the nurse has received treatment for a mental incapacity - whether the nurse has been the subject to any proceedings under the Mental Health Act 1993."

The report should include the following identifying information:

• Date of report;

• Name of the health professional making the report;

• Signature of the health professional making the report;

• Contact address and telephone number of health professional;

• Full name, date of birth of nurse or midwife against whom report relates;

• Nurse or midwive's contact address and telephone number;

• Contact address and telephone number or nurse or midwife's employer:

The report should be an original and a typed copy is preferable.

The report form may be downloaded electronically at the bottom of this page. If you wish you may provide the report on organisational letterhead addressing the prescribed information above.

The report should be forwarded to the Board at the earliest opportunity. This assists in the regulation of the practice of nursing in the public interest.

The Registrar/Investigation Officer may request additional information for the purpose of the investigation.