False assumption of title of nurse, etc.
Open ↗26.—(1) Any person who —(a)
not being a qualified nurse, takes or uses the name or title of nurse in any language, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform or badge, implying that the person is a qualified nurse or that the person is qualified to carry out an act of nursing;
(b)
not being a qualified midwife, takes or uses the name or title of midwife or its equivalent in any language, either alone or in combination with any other words or letters, or any name, title, addition, description, uniform or badge, implying that the person is a qualified midwife or that the person is qualified to practise midwifery;
(c)
being a person whose name is included in any part of the Register or Roll, takes or uses any name, title, addition or description or otherwise does any act which falsely implies that the person’s name is included in some other part of the Register or Roll, as the case may be;
(d)
knowing that some other person is not a qualified nurse and with intent to deceive, makes any statement or does any act calculated to suggest that that other person is a nurse or qualified nurse; or
(e)
knowing that some other person is not a qualified midwife and with intent to deceive, makes any statement or does any act calculated to suggest that that other person is a midwife or qualified midwife,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(2) For the purposes of this section and sections 27, 28 and 29 —“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;
“qualified midwife” means a registered midwife who holds a valid practising certificate authorising him or her to practise midwifery;
“qualified nurse” means a registered or enrolled nurse who holds a valid practising certificate authorising him or her to practise nursing.
Practice of nursing or midwifery by unqualified person
Open ↗27.—(1) No person other than a qualified nurse may carry out any act of nursing for a fee or reward.
(2) No person other than a qualified midwife may attend a woman at childbirth for a fee or reward.
(3) Any person who contravenes subsection (1) or (2) 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.
(4) Subsection (1) does not apply to a person who carries out any act of nursing while undergoing a course in nursing if the act is carried out —(a)
under the supervision of a registered or enrolled nurse; and
(b)
in an organisation approved by the Board.
(5) Subsection (2) does not apply to a person who attends a woman at childbirth while undergoing a course in midwifery if the attendance is carried out —(a)
under the supervision of a registered midwife; and
(b)
in an organisation approved by the Board.
(6) Subsections (1) and (2) do not apply to —(a)
a medical practitioner;
(b)
a person rendering assistance in an emergency; or
(c)
a person of a prescribed description or class carrying out such act, or acting in such circumstances, as may be prescribed for the person’s case.
(7) A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of this section.
Employment of unqualified person to practise nursing or midwifery
Open ↗28.—(1) A person must not employ or engage a person who is not a qualified nurse to carry out any act of nursing.
(2) A person must not employ or engage a person who is not a qualified midwife to attend a woman at childbirth.
(3) Any person who contravenes subsection (1) or (2) 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.
(4) Subsections (1) and (2) do not apply to the employment or engagement of —(a)
a medical practitioner;
(b)
a person to care for —(i)
the person employing or engaging him or her; or
(ii)
a family member, relative or friend of the person employing or engaging him or her; or
(c)
a person of a prescribed description or class.
(5) In any proceeding for an offence under this section, it is a defence for a defendant to prove that —(a)
the defendant did not know that the person concerned was not a qualified nurse or qualified midwife, as the case may be; and
(b)
the defendant had exercised due diligence to ascertain if that person was a qualified nurse or qualified midwife, as the case may be.
Nurse’s agents
Open ↗29.—(1) A nurse’s agent must not —(a)
arrange for a person who is not a qualified nurse to carry out any act of nursing;
(b)
arrange for a person who is not a qualified midwife to attend a woman at childbirth; or
(c)
arrange for a registered nurse, an enrolled nurse or a registered midwife to work in contravention of the conditions of his or her registration or enrolment.
(2) Any person who contravenes subsection (1) 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.
(3) In any proceeding for an offence in respect of a contravention of subsection (1)(a) or (b), it is a defence for a defendant to prove that —(a)
the defendant did not know that the person concerned was not a qualified nurse or qualified midwife, as the case may be; and
(b)
the defendant had exercised due diligence to ascertain if that person was a qualified nurse or qualified midwife, as the case may be.
(4) In any proceeding for an offence in respect of a contravention of subsection (1)(c), it is a defence for a defendant to prove that —(a)
the defendant was not aware that the registration or enrolment of the person concerned is subject to the condition which was contravened; and
(b)
the defendant had exercised due diligence to ascertain the conditions to which the registration or enrolment of that person is subject.
(5) For the purposes of subsection (1), “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.
Fraudulent registration, etc.
Open ↗30. Any person who —(a)
procures or attempts to procure registration, enrolment, a certificate of registration, a certificate of enrolment or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certification, application or representation whether in writing or otherwise;
(b)
wilfully makes or causes to be made any false entry in the Register or Roll;
(c)
forges or alters a certificate of registration, a certificate of enrolment or a practising certificate;
(d)
fraudulently or dishonestly uses as genuine a certificate of registration, a certificate of enrolment or a practising certificate which the person knows or has reason to believe is forged or altered; or
(e)
buys, sells or fraudulently obtains a certificate of registration, a certificate of enrolment or a practising certificate,
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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
