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Voluntary Removal from the NMC Register
Our guide to Voluntary Removal from the NMC Register
Voluntary Removal from the NMC Register – Any nurse or midwife when faced with a fitness to practice referral can make an application to be removed from the register. They can do this at any time in the proceedings. Where the nurse or midwife admits that their fitness to practise is impaired and they do not intend to practise in the future the NMC will consider an application by that nurse or midwife to voluntarily remove themselves from the register where it is not in the public interest to have a full hearing.
Such an application is unlikely to succeed where the allegations against the nurse or midwife are so serious that there is likely to be public interest in proceeding to a full hearing. In considering the application the Assistant Registrar will have regard to the public interest, the interests of the registrant and comments from the person who had made the allegation / initial referral.
Voluntary removal will not be considered when the nurse or midwife is subject to a final suspension or conditions of practise order. Where a nurse or midwife is subject to an interim suspension or conditions of practice order that order will need to be revoked before any application for voluntary removal can be granted.
Voluntary Removal from the NMC Register can sometimes be a complex matter and discussing your situation with a qualified lawyer can help."
Public Interest
The public interest test that will be applied by the Assistant Registrar includes a number of features namely; protection of the public from a nurse who is unfit to practise, maintaining public confidence in the profession by upholds standards and maintaining public confidence in the regulator.
In considering public protection the Assistant Registrar will bear in mind that whilst voluntary removal will provide immediate protection for the public from a nurse or midwife who is unfit to practise, the removal is not necessarily permanent and application can be made in the future for re-admission. Such an application would not be automatic and would be referred to the Registrar for consideration.
Public Confidence
When considering the issue of maintaining public confidence in the profession the Assistant Registrar will consider whether the allegations should be properly scrutinised by a fitness to practise panel, the seriousness of the allegations and the extent of harm caused. In cases where there are allegations that the nurse or midwife may have caused the death of a patient or significant harm to a patient or has been involved in sexual misconduct, voluntary removal may not be appropriate.
Interests of the Nurse or Midwife
A number of factors will be considered under this heading such as the health of the applicant, the length of time since they last practised and the likelihood of them seeking re-admission.
Comments from the maker of the allegation or referrer
When an application for voluntary removal is made the maker of the allegation or referrer will be informed of the application and given an opportunity to comment. The Registrar will have regard to comments made but there is no rule that the maker of the allegation or referrer must give their consent for voluntary removal.
Re-admission
After voluntary removal a nurse or midwife can apply for re-admission at any time however the burden will rest with the nurse or midwife to demonstrate that they are capable of safe and effective practise and are of good health and good character.
If you have been referred to the NMC and are considering voluntary removal call us for help and advice.
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If you are a registered practitioner dealing with issues relating to Voluntary Removal from the NMC Register, we can help. We have considerable experience dealing with a spectrum of regulatory and legal issues faced by nurses and midwives and we have represented numerous nurses and midwives working in a wide variety of clinical settings at all grades and with all manner of experience and skills.
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