Part of a comprehensive analysis of the Nurses and Midwives Act 1999
All Parts in This Series
Prohibition of False Assumption of Title and Related Deceptive Acts
Section 26 of the Nurses and Midwives Act 1999 explicitly prohibits any person from falsely assuming the title of nurse or midwife or engaging in acts that may deceive others into believing they are qualified professionals. This provision states:
"False assumption of title of nurse, etc." [26]
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More specifically, Section 26(1) provides that:
"shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000." [26(1)]
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Section 26(2) further defines key terms such as "act of nursing," "qualified nurse," and "qualified midwife," which are essential to understanding the scope of this prohibition:
"‘act of nursing’ means an act of nursing in — (a) the observation, care and counsel of the ill, injured or infirm; (b) the maintenance of health or prevention of illness of others; or (c) the supervision or teaching of nursing, the proper carrying out of which requires skill and knowledge acquired by undergoing an accredited course of nursing or an equivalent course;" [26(2)]
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"‘qualified midwife’ means a registered midwife who holds a valid practising certificate authorising him or her to practise midwifery;" [26(2)]
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"‘qualified nurse’ means a registered or enrolled nurse who holds a valid practising certificate authorising him or her to practise nursing." [26(2)]
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Purpose: This provision exists to protect the public from deception and potential harm caused by unqualified individuals misrepresenting themselves as nurses or midwives. By restricting the use of professional titles to those properly registered and certified, the law ensures that only competent and accountable persons provide nursing and midwifery services, thereby maintaining public trust and safety.
Prohibition Against Unqualified Practice of Nursing or Midwifery
Section 27 prohibits any unqualified person from practising nursing or midwifery for a fee or reward. The section states:
"Practice of nursing or midwifery by unqualified person" [27]
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Section 27(3) prescribes the penalties for contravention:
"shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both." [27(3)]
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Purpose: This provision aims to ensure that nursing and midwifery services are delivered only by individuals who have met the required educational and professional standards. It safeguards patients by preventing unqualified persons from engaging in clinical activities that require specialised knowledge and skills, thus reducing risks of malpractice and harm.
Prohibition on Employing Unqualified Persons to Practise Nursing or Midwifery
Section 28 addresses the responsibility of employers by prohibiting the employment of unqualified persons to practise nursing or midwifery. It states:
"Employment of unqualified person to practise nursing or midwifery" [28]
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The penalties for violations mirror those in Section 27(3):
"shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both." [28(3)]
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Purpose: This provision holds employers accountable for ensuring that only qualified nurses and midwives are engaged in professional practice. It prevents organisations from exposing patients to unqualified care providers and promotes institutional compliance with professional standards.
Regulation of Nurse’s Agents
Section 29 regulates the activities of nurse’s agents, who are persons or entities that arrange for the supply of nursing or midwifery services for a fee or reward. It prohibits nurse’s agents from arranging for unqualified persons to practise or for nurses and midwives to work in contravention of their registration conditions:
"Nurse’s agents" [29]
Section 29(2) prescribes penalties consistent with Sections 27 and 28:
"shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both." [29(2)]
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Additionally, Section 29(5) defines a nurse’s agent as:
"‘nurse’s agent’ means a person who carries on, for a fee or reward, the business of arranging the supply of the services of a nurse or a midwife." [29(5)]
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Purpose: This provision ensures that intermediaries facilitating nursing and midwifery services comply with professional standards and do not contribute to unqualified practice. It closes potential loopholes where unqualified individuals might be supplied through agents, thereby protecting the integrity of nursing and midwifery services and safeguarding public health.
Prohibition of Fraudulent Registration and Use of Certificates
Section 30 prohibits fraudulent acts related to registration, enrolment, or the use of certificates in nursing or midwifery. It states:
"Fraudulent registration, etc." [30]
The penalties for offences under this section are similarly stringent:
"shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both." [30]
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Purpose: This provision protects the integrity of the nursing and midwifery registers and certification processes. By criminalising fraudulent registration and misuse of certificates, the law prevents unqualified individuals from gaining illegitimate credentials, thereby maintaining professional standards and public confidence in the healthcare system.
Summary of Penalties for Non-Compliance
The Nurses and Midwives Act 1999 imposes clear and escalating penalties to deter and punish violations of its provisions concerning professional qualifications and conduct:
- False assumption of title (Section 26): Fine not exceeding $10,000.
- Unqualified practice (Section 27): First offence: fine not exceeding $10,000; second or subsequent offence: fine not exceeding $20,000 or imprisonment up to 6 months or both.
- Employing unqualified persons (Section 28): Same penalties as unqualified practice.
- Nurse’s agents arranging unqualified practice or contravention (Section 29): Same penalties as unqualified practice.
- Fraudulent registration, enrolment, or certificate use (Section 30): Same penalties as unqualified practice.
These penalties reflect the seriousness with which the law treats breaches of professional standards in nursing and midwifery, aiming to uphold public safety and trust.
Cross-References and Related Regulatory Framework
While the provisions analysed do not explicitly reference other Acts, they mention terms such as "the Register or Roll," "the Board," and "a medical practitioner," which imply a broader regulatory context. These terms suggest the existence of a regulatory body responsible for maintaining professional registers and overseeing nursing and midwifery practice, likely established under the Nurses and Midwives Act or related healthcare legislation.
The absence of direct cross-references in these sections indicates that the provisions are self-contained but operate within a wider legal and regulatory framework governing healthcare professionals in Singapore.
Conclusion
The Nurses and Midwives Act 1999 establishes a comprehensive legal framework to regulate the nursing and midwifery professions in Singapore. Sections 26 to 30 specifically address the prevention of unqualified practice, false representation, and fraudulent registration, with clearly defined penalties to enforce compliance.
These provisions exist to protect the public from harm, maintain professional standards, and ensure that nursing and midwifery services are delivered by competent and duly authorised individuals. The regulation of nurse’s agents further strengthens the system by addressing intermediaries who facilitate the supply of nursing services.
Overall, the Act’s provisions promote the integrity and reliability of nursing and midwifery care, which are critical components of Singapore’s healthcare system.
Sections Covered in This Analysis
- Section 26 – False assumption of title of nurse or midwife
- Section 27 – Practice of nursing or midwifery by unqualified person
- Section 28 – Employment of unqualified person to practise nursing or midwifery
- Section 29 – Nurse’s agents
- Section 30 – Fraudulent registration, enrolment, or use of certificates
Source Documents
For the authoritative text, consult SSO.