(II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council. (b) The Council shall give notice in writing to that body of that action and may, notwithstanding any provision of the Professional Qualifications Directive or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to in section 47).
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(5)(a) Paragraph (b) applies where— (i) it comes to the Council’s attention that any action referred to in subsection (2) has been taken in relation to a registered pharmacist, and (ii) the Council has reason to believe that— (I) the pharmacist is registered in another jurisdiction, and (II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council. (b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that action.”.
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Amendment of section 57 of Act of 2007 71. Section 57 of the Act of 2007 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1) — (i) by the substitution of “(if satisfied that, in the case of an action referred to in paragraph (h) or (i), it is in the public interest to do so)” for “, if satisfied that it is in the public interest to do so,”, and (ii) in paragraph (i), by the substitution of “Health Service Executive” for “Minister”, and (c) by the insertion of the following subsections after subsection (1): “(2) The Council shall, if it is satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of a committee of inquiry at an inquiry or publish all or any part of a report referred to in section 47 of a committee of inquiry (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified).
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(3)The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the High Court arising from the performance of a function under section 51 or 52.”.
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Amendment of section 63 of Act of 2007 72. Section 63 of the Act of 2007 is amended, in subsection (5)(a), by the deletion of the definition of “partner”.
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Amendment of section 66 of Act of 2007 73. Section 66 of the Act of 2007 is amended— (a) by the insertion of “and Schedule 3” after “In this Part”, (b) by the deletion of the definitions of “inspect”, “record” and “this Act”, and (c) by the insertion of the following definition: “ ‘relevant enactment’ means— (a) this Act, or (b) any Act or statutory instrument referred to in section 7(1)(e)(ii). ”.
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Amendment of section 67 of Act of 2007 74. Section 67 of the Act of 2007 is amended— (a) in subsection (1)(a), by the substitution of “this Act” for “this Part”, (b) in subsection (2), by the substitution of “this Act” for “this Part”, (c) in subsection (3) — (i) by the substitution of “offence under a relevant enactment” for “offence under this Act”, (ii) in paragraphs (c), (d) and (e), by the substitution of “this Act” for “this Part” in each place that it occurs, (iii) in paragraph (g), by the substitution of “a relevant enactment” for “this Act”, and (iv) in paragraphs (h), (i), (m) and (n), by the substitution of “this Act” for “this Part” in each place that it occurs, (d) by the insertion of the following subsection after subsection (3): “(3A) Following an investigation under this section by an authorised officer, the officer shall furnish a written report on the investigation to the Council.”, (e) in subsection (4), by the substitution of “this Act” for “this Part”, (f) in subsection (7)(a), by the substitution of “this Act” for “this Part”, (g) in subsection (8), by the substitution of “a relevant enactment” for “this Act”, and (h) in subsection (12), by the substitution of “this section” for “this paragraph”.
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Amendment of section 70 of Act of 2007 75. Section 70 of the Act of 2007 is amended by the substitution of “this Act” for “this Part”.
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Amendment of Act of 2007 - insertion of sections 78 and 79 76. The Act of 2007 is amended by the insertion of the following sections after section 77: “Admissibility of certain documents relating to proceedings in State or other jurisdictions 78. (1) In any proceedings under this Act concerning a relevant person, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.
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(2)In any proceedings under this Act concerning a relevant person, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.
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(3)Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.
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(4)In this section— ‘final determination’, in relation to any relevant proceedings and a relevant person, means— (a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the relevant person, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or (b) if such an appeal is made— (i) the abandonment or withdrawal of the appeal, or (ii) the determination of the appeal, whichever first occurs; ‘relevant document’, in relation to a relevant person, means any of the following: (a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript; (b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report; (c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the relevant person after the final determination of the proceedings; (d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held; ‘relevant person’ means— (a) a registered pharmacist, (b) a person who has made an application under section 14 for registration as a pharmacist which has not yet been determined by the Council, (c) the pharmacy owner of a registered retail pharmacy business or an employee or partner of the pharmacy owner, (d) the pharmacy owner of a retail pharmacy business who has made an application under section 17 for the registration of the business which has not yet been determined by the Council, or (e) where a corporate body owns all or part of a registered retail pharmacy business, any person being a director (including a shadow director as construed in accordance with section 221 of the
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Companies Act 2014 ), manager, secretary or any other officer of the corporate body or a person who was purporting to act in any such capacity; ‘relevant proceedings’, in relation to a relevant person, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the relevant person is the subject— (a) in the State or another jurisdiction which may directly or indirectly result in the relevant person— (i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or (ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction, (b) in another jurisdiction which may result in the relevant person being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or (c) in the State which may result in the relevant person being convicted, in the State, for an offence triable on indictment; ‘sanction’ includes any restriction or measure.
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Power to specify form of documents 79. (1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.
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(2)The relevant body’s power under subsection (1) may be exercised in such a way as to— (a) include in the specified form of any document referred to in that subsection a statutory declaration— (i) to be made by the person completing the form, and (ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief, and (b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.
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(3)The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.
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(4)A form specified under this section shall be— (a) completed in accordance with such directions and instructions as are specified in the form, (b) accompanied by such documents as are specified in the form, and (c) if the completed form is required to be provided to— (i) the relevant body, (ii) another person on behalf of the relevant body, or (iii) any other person, so provided in the manner, if any, specified in the form.
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(5)Without prejudice to the generality of subsection (1), the Council may— (a) specify a form to be completed by a registered pharmacist in connection with the payment by the pharmacist of any fee for continued registration referred to in section 14(5), and (b) in that form, require the pharmacist to supply the Council with such information that the pharmacist would have to supply the Council if the pharmacist were not registered but were seeking registration.
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(6)Without prejudice to the generality of subsection (1), the Council may— (a) specify a form to be completed by a pharmacy owner in connection with the payment by the pharmacy owner of any fee for continued registration referred to in section 17(3) of the retail pharmacy business concerned, and (b) in the form, require the pharmacy owner to supply the Council with such information that the pharmacy owner would have to supply the Council if that retail pharmacy business were not registered but the pharmacy owner was seeking registration of the business.
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(7)In this section, ‘relevant body’ means the following: (a) subject to paragraphs (b) and (c), the Council; (b) in relation to a function under this Act performed by a preliminary proceedings committee, that committee; (c) in relation to a function under this Act performed by a committee of inquiry, that committee.”.
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PART 5
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Amendment of Medical Practitioners Act 2007 Definition 77. In this Part, “Act of 2007” means the Medical Practitioners Act 2007 .
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Amendment of section 2 of Act of 2007 78. Section 2 of the Act of 2007 is amended— (a) by renumbering the section as subsection (1), (b) in subsection (1) — (i) in the definition of “appropriate fee”, by the insertion of “(if any)” after “means the fee”, (ii) in the definition of “certificate of experience”, by the substitution of “an intern pursuant to section 36F(2)” for “a medical practitioner pursuant to section 49(2)”, (iii) by the substitution of the following definition for the definition of “certificate of registration”: “‘certificate of registration’— (a) in relation to an intern, means a certificate referred to in section 36B(5), (b) in relation to an adapter, means a certificate referred to in section 36L(5), and (c) in relation to a medical practitioner, means a certificate referred to in section 43(5);”, (iv) in the definition of “conditions”, by the insertion of “and restrictions” after “terms”, (v) in the definition of “decision”, by the substitution of “section 36H, 36P, 54, 75, 83, 90 or 92” for “section 54, 75, 83, 90 or 92”, (vi) by the substitution of the following definition for the definition of “medical practitioner”: “‘medical practitioner’ means a person who holds a qualification recognised under section 44A(2) or who falls within section 50A(2);”, (vii) by the substitution of the following definition for the definition of “Member State”: “‘Member State’ means a state, other than the State, which is a member of the European Union, and includes— (a) a State which is a party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by all subsequent amendments to that agreement, and (b) Switzerland;”, (viii) by the substitution of the following definition for the definition of “registered”: “‘registered’, except in Parts 5A and 5B, means registered under section 44, 46, 47, 48, 50 or 50A;”, (ix) by the substitution of the following definition for the definition of “registered medical practitioner”: “‘registered medical practitioner’, subject to sections 56A and 56B, means a medical practitioner whose name is entered in the register;”, (x) by the substitution of the following definition for the definition of “relevant conditions”: “‘relevant conditions’— (a) in relation to an intern, means any conditions attached to the registration of the intern pursuant to— (i) section 36G(3), (7) or (8), (ii) a decision confirmed or given under section 36H(4), (iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B,
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(iv) section 81(3) as that section is construed in accordance with section 56B, or (v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B, (b) in relation to an adapter, means any conditions attached to the registration of the adapter pursuant to— (i) section 36O(3), (7) or (8), (ii) a decision confirmed or given under section 36P(4), (iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B, (iv) section 81(3) as that section is construed in accordance with section 56B, or (v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B, or (c) in relation to a registered medical practitioner, means any conditions attached to the registration of the practitioner pursuant to— (i) section 53(3) or (7), (ii) a decision confirmed or given under section 54(4), (iii) a decision referred to in section 78(1), (iv) section 81(3), or (v) a decision confirmed or given under section 83(3);”, (xi) by the substitution of the following definition for the definition of “relevant medical disability”: “‘relevant medical disability’, in relation to a person, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair the person’s ability to practise medicine or a particular aspect thereof;”, (xii) by the insertion of the following definitions: “‘adapter’ means a relevant person whose name is entered in the register of adapters; ‘approved medical degree’ means a degree awarded in consequence of the completion of a programme of medical education and training approved under section 88(2)(a)(i)(I); ‘authorised officer’ means a member of the staff of the Council appointed under section 58(1) to be an authorised officer to perform the functions specified under section 58(2); ‘certificate of adaptation’ means a certificate of adaptation granted to an adapter pursuant to section 36N(2); ‘general qualification’ shall be construed in accordance with section 44B; ‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity as a member or former member of a relevant profession; ‘Irish formal qualification’ means— (a) an approved medical degree completed mainly in the State, and (b) a certificate of experience; ‘investigation’, in relation to a complaint, means an investigation referred to in section 58A(1);
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‘investigation report’, in relation to a complaint, means a report referred to in section 58A(3) prepared following the investigation of the complaint; ‘intern’ means a person whose name is entered in the register of interns; ‘intern qualification’ shall be construed in accordance with section 36D; ‘material matter’, in relation to a person (howsoever described), means— (a) any of the following taken by any regulatory body (whether in or outside the State), other than the Council, in relation to the provision of one or more than one kind of health or social care by the person: (i) the imposition of conditions on any registration or licence; (ii) the suspension, withdrawal or removal of any registration or licence; (iii) the refusal to grant registration or a licence, or (b) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment; ‘registered address’— (a) in relation to a registered medical practitioner, means the address specified in the register of medical practitioners as the practitioner’s address, (b) in relation to an intern, means the address specified in the register of interns as the intern’s address, and (c) in relation to an adapter, means the address specified in the register of adapters as the adapter’s address; ‘register of adapters’ means the register of adapters established under section 36L(1); ‘register of interns’ means the register of interns established under section 36B(1); ‘register of medical practitioners’ means the register; ‘relevant person’ has the meaning assigned to it by section 36K; ‘relevant profession’ means any of the following professions: (a) dentist; (b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005 ; (c) medical practitioner; (d) midwife; (e) nurse; (f) pharmacist; ‘restriction’ includes a condition; ‘specialist qualification’ shall be construed in accordance with section 44C;”, and (xiii) by the deletion of the definitions of “basic medical qualification” and “formal qualification”, and (c) by the insertion of the following subsection after subsection (1): “(2) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.
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Amendment of section 7 of Act of 2007 79. Section 7 of the Act of 2007 is amended— (a) in subsection (2) — (i) in paragraph (a), by the insertion of “of medical practitioners, the register of interns and the register of adapters” after “the register”, (ii) in paragraph (c), by the insertion of “(including the granting of certificates of experience or certificates of adaptation)” after “continued registration”, (iii) in paragraph (i), by the insertion of “, interns and adapters” after “medical practitioners” in each place that it occurs, and (iv) in paragraph (l), by the insertion of “, interns and adapters” after “medical practitioners”, and (b) in subsection (5), by the insertion of “, including the making of arrangements with any person to assist the Council or a committee in the proper discharge of any of the Council’s or committee’s (as the case may be) functions” after “its functions”.
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Amendment of section 8 of Act of 2007 80. Section 8 of the Act of 2007 is amended, in subsection (1)(a), by the substitution of the following subparagraph for subparagraph (i): “(i) registered medical practitioners, interns or adapters, their education and training and the practise of medicine by registered medical practitioners, interns and adapters, or”.
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Amendment of section 11 of Act of 2007 81. Section 11 of the Act of 2007 is amended— (a) in subsection (2) — (i) by the insertion of the following paragraphs after paragraph (c): “(ca) the form and manner in which the register of interns is to be maintained, (cb) the details relating to interns that, in addition to their names, are to be entered into the register of interns or their certificates of registration or both, (cc) the form and manner in which the register of adapters is to be maintained, (cd) the details relating to adapters that, in addition to their names, are to be entered in the register of adapters or their certificates of registration or both, (ce) permits for the purposes of section 38B(3),”, (ii) by the substitution of the following paragraph for paragraph (g): “(g) subject to subsection (3A), the establishment, membership, functions and procedures of subcommittees of committees, including— (i) in the case of the Preliminary Proceedings Committee, subcommittees to give initial consideration to complaints on behalf of that Committee, and (ii) in the case of the Fitness to Practise Committee, subcommittees inquiring, on behalf of that Committee, into complaints referred to that Committee,”, (iii) by the substitution of the following paragraphs for paragraph (h): “(h) the setting of criteria for assessing applications by persons for registration in any division of the register, (ha) the setting of criteria for assessing applications by persons for entry in the register of interns, (hb) the setting of criteria for assessing applications by relevant persons for entry in the register of adapters, (hc) subject to subsection (2A), the setting of criteria to be complied with by persons who wish to— (i) resume practising medicine after not having practised medicine for a period specified in the rules, or (ii) commence practising medicine after not having practised medicine previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in medicine pursuant to which they wish to practise medicine, (hd) without prejudice to the generality of paragraphs (h) to (hc), the setting of criteria, for persons referred to in any of those paragraphs, providing for the controls to be carried out to ensure that those persons have a knowledge of either the English language or the Irish language necessary for practising medicine in the State,”, (iv) by the substitution of the following paragraphs for paragraphs (i) and (j):
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“(i) the specification of examinations for the purposes of section 44B(1)(b), (j) the specification of the grounds for the purposes of section 44B(1)(c),”, (v) by the deletion of paragraphs (k) to (q), and (vi) in paragraph (r), by the substitution of “section 36F(3)” for “subsection (3) of section 49”, (b) by the insertion of the following subsection after subsection (2): “(2A) Criteria to be complied with by persons referred to in subsection (2)(hc) may include criteria in relation to— (a) the education or training of those persons, (b) the manner of verifying that those persons possess the relevant competencies, or (c) any other matter where, in the opinion of the Council, the specification in rules made under this section of criteria in relation to that matter is necessary or desirable for the protection of the public.”, and (c) by the insertion of the following subsection after subsection (3): “(3A) Without prejudice to the generality of subsection (2)(g), rules made under that subsection may provide that— (a) the chairperson of the Preliminary Proceedings Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(i), or (b) the chairperson of the Fitness to Practise Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(ii).”.
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Amendment of section 12 of Act of 2007 82. Section 12 of the Act of 2007 is amended, in subsection (1), by the insertion of “, interns, adapters” after “medical practitioners”.
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Amendment of section 17 of Act of 2007 83. Section 17 of the Act of 2007 is amended, in subsection (1)(a), by the deletion of “basic”.
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Amendment of section 20 of Act of 2007 84. Section 20 of the Act of 2007 is amended— (a) in subsection (4)(b), by the substitution of “section 59A(1)(c) or 67(1)(c)” for “section 67(1)(c)”, (b) by the deletion of subsection (6), (c) in subsection (8), by the deletion of “, including the chairperson,”, and (d) by the insertion of the following subsections after subsection (14): “(15) (a) Where the Council establishes a subcommittee of a committee, that subcommittee may perform any of the functions of that committee as if it were that committee, and every reference in this Act to that committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee. (b) Subject to paragraph (d), where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Preliminary Proceedings Committee, and every reference in this Act to the Preliminary Proceedings Committee shall, unless the context otherwise requires, be construed as including a reference to the subcommittee. (c) Subject to paragraph (d), where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Fitness to Practise Committee, and every reference in this Act to the Fitness to Practise Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee. (d) Neither paragraph (b) nor (c) shall be construed as entitling a subcommittee referred to in that paragraph to itself establish a subcommittee.
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(16)Where the term of office of one or more members of a committee ends during the consideration of a matter, including the consideration of a complaint under Part 7 or 8, the Council shall decide— (a) that the member or members may continue in office beyond the expiration of his or her term, or their terms, for so long as is required for the committee to finish consideration of the matter, (b) that the committee, as constituted without that member or those members, shall continue to consider that matter provided that the committee can achieve a quorum, or (c) that the consideration of that matter be stopped and that a new constituted committee begin to consider the matter once the vacancy or vacancies created by the expiration of the term or terms has or have been filled, and any decision of the committee on that matter following the Council’s decision shall be valid as if no term of office had so expired.
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(17)On the expiration of the term of office as a Council member of a person who is a member of a section 20(2) committee, that member may continue in office as a member of that committee beyond the expiration of the term so long as it is required for the committee to finish the consideration of a matter being considered by it on the date of that expiration, and the decision of the committee on that matter concerned shall be as valid as if the term of office as a member of the Council had not expired.
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(18)The Council may dissolve a committee other than a section 20(2) committee.”.
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Amendment of section 23 of Act of 2007 85. Section 23 of the Act of 2007 is amended, in subsection (1) — (a) by the insertion of “, in the Minister’s opinion” after “from office if”, and (b) in paragraph (c), by the deletion of “the Minister is satisfied that”.
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Amendment of section 24 of Act of 2007 86. Section 24 of the Act of 2007 is amended— (a) in subsection (1) — (i) in paragraph (a), by the substitution of “business of the Council,” for “business of the Council, and”, and (ii) by the insertion of the following paragraph after paragraph (a): “(aa) investigate complaints, and”, and (b) by the insertion of the following subsections after subsection (4): “(5) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer may be performed, by an employee of the Council designated by the Council, for a period of not more than 6 months in any year as specified by the Council or such further period as specified by the Council with the consent of the Minister.
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(6)The chief executive officer may delegate in writing any of his or her functions to a specified member of staff of the Council, and that member of staff shall be accountable to the chief executive officer for the performance of the functions so delegated.
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(7)The chief executive officer may revoke in writing a delegation made in accordance with this section.”.
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Amendment of section 36 of Act of 2007 87. Section 36 of the Act of 2007 is amended, in subsection (1) — (a) in paragraph (a), by the deletion of “, 49”, (b) in paragraph (b), by the deletion of “, 49”, (c) in paragraph (c), by the substitution of “or 48” for “, 48 or 49”, (d) by the insertion of the following paragraphs after paragraph (c): “(ca) the registration under section 36E of a person, (cb) the annual retention of the registration under section 36E of an intern, (cc) the recognition under section 36C or 44A of a qualification (other than a professional qualification referred to in paragraph (cf)) held by a person, (cd) the registration under section 36M of a relevant person, (ce) the annual retention of the registration under section 36M of an adapter, (cf) the recognition under the Regulations of 2017 of a professional qualification (within the meaning of Regulation 3 of those Regulations) as a medical practitioner or specialised doctor,”, and (e) in paragraph (e), by the insertion of “, intern or adapter” after “medical practitioner”.
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Registration of interns 88. The Act of 2007 is amended by the insertion of the following Part after Part 5: “PART 5A Registration of Interns Definitions 36A. In this Part— ‘intern qualification’ shall be construed in accordance with section 36D; ‘register’ means the register of interns; ‘registered’ means registered under section 36E.
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Register of interns 36B. (1) The Council shall establish and maintain a register to be known as the register of interns.
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(2)The register shall contain the names of persons registered in it pursuant to section 36E and such other identifying particulars of those persons as the Council considers appropriate.
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(3)The register may be established and maintained in paper or electronic form.
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(4)A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period— (a) a person named in the certificate— (i) was an intern, or (ii) was not an intern, or (b) the registration of an intern named in the certificate was subject to the relevant conditions specified in the certificate, shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.
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(5)The Council shall, as soon as is practicable after a person has been registered and the appropriate fee paid, give the person a certificate stating— (a) the person’s name, (b) the registration number attached to the person’s registration, and (c) such other identifying particulars of the person as the Council considers appropriate.
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(6)Where relevant conditions have been attached to the registration of an intern, the Council shall enter in the register— (a) a statement that the intern’s registration is subject to conditions, and (b) particulars of the conditions.
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(7)An intern shall, as soon as may be after the intern has received his or her certificate of registration and if it is practicable to do so, cause the certificate to be displayed— (a) at the principal place where the intern practises medicine, and (b) at all times during which the intern’s registration continues and at no other time.
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(8)An intern shall, as soon as may be after he or she has received his or her certificate of registration, cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic form, relating to that intern’s practice as an intern.
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(9)(a) In this subsection— ‘person concerned’ means a person whose name is, immediately before the relevant commencement, entered in the Trainee Specialist Division pursuant to section 49; ‘relevant commencement’ means the date of commencement of section 88 of the Regulated Professions (Health and Social Care)(Amendment) Act 2020. (b) Subject to paragraph (c), this Act as in force immediately before the relevant commencement shall continue to apply and have effect in respect of a person concerned as if section 88 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 had not been commenced. (c) Paragraph (b) shall cease to apply to a relevant person immediately upon— (i) the person’s name ceasing to be entered in the Trainee Specialist Division pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48), or (ii) the person being granted a certificate of experience, whichever first occurs. (d) The Trainee Specialist Division shall cease to have any force or effect, in so far as it relates to a person concerned whose name is entered in it pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48) immediately upon— (i) there being no person concerned to whom paragraph (b) still applies, or (ii) the 5th anniversary of the relevant commencement, whichever first occurs. (e) The Council shall, as soon as practicable after paragraph (d) applies to a person concerned, remove from the Trainee Specialist Division all entries therein that relate to that person and that were entered therein pursuant to section 49.
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Application for recognition of qualification 36C. (1) A person may make an application to the Council, accompanied by the appropriate fee, for the recognition of a qualification, held by that person, as an intern qualification.
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(2)The Council shall recognise the qualification, the subject of an application under subsection (1), as an intern qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 36D.
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(3)The Council may, by notice in writing given to a person who has made an application under subsection (1), request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.
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Requirements to be met for recognition of qualification 36D. A qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as an ‘intern qualification’) for the purposes of registering that person if the person— (a) has been awarded an approved medical degree completed mainly in the State, or (b) has been awarded a qualification— (i) arising from the completion of a course of study in a Member State, and (ii) which is not recognised as a qualification under Part 7 of the Regulations of 2017 but would be so recognised under Directive 2005/36/EC by the person’s home Member State (within the meaning of Regulation 3(1) of the Regulations of 2017) if the person were granted a certificate of experience.
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Application for registration 36E. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered.
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(2)The Council shall determine an application under subsection (1) from a person by registering the person if— (a) the Council is satisfied that the person holds an intern qualification, (b) the person satisfies the Council that he or she intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training, (c) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State, (d) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and (e) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.
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(3)The Council may, by notice in writing given to a person who has made an application under subsection (1), request the person to give the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.
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Provisions supplementary to sections 36B and 36E 36F. (1) To the extent of enabling an intern to participate in an intern training programme but no further, every reference to a medical practitioner or a registered medical practitioner contained in any enactment (other than this Act) or any statutory instrument (other than a statutory instrument under this Act) or any other document shall, unless the context otherwise requires, be construed as including a reference to the intern.
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(2)Subject to subsection (3), where an intern has completed a period of internship in the State to the satisfaction of the Council, the Council shall grant the intern a certificate of experience.
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(3)The Council shall not grant a certificate of experience to an intern unless the Council is satisfied that the intern has, for the period or periods specified in rules made under section 11 for the purposes of this subsection, been employed as an intern— (a) in a hospital, health institution, clinic, general medical practice, or other health service setting, as is specified in rules made under section 11 for the purposes of this subsection, and (b) such hospital, health institution, clinic, general medical practice, or other health service setting, as the case may be, has been inspected and approved by the Council as acceptable for intern training standards.
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(4)Without prejudice to the generality of section 56B, the Council may remove an intern’s registration by deleting his or her name from the register if— (a) the intern makes an application to the Council to have the registration removed, (b) the intern is not, or is no longer, practising medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training, or (c) the intern has not completed a period of internship in the State to the satisfaction of the Council.
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Conditions attached to registration 36G. (1) A person making an application for registration shall declare in the application— (a) whether the person has a relevant medical disability, and (b) whether any material matter has occurred in relation to the person.
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(2)Where the Council is satisfied that— (a) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and (b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter, the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.
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(3)Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council shall, if the person is registered, at the same time as such registration comply with section 36B(6) in respect of the conditions.
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(4)Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council may refuse to register that person.
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(5)An intern who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than— (a) 30 days after the medical disability becomes a relevant medical disability, or (b) where the relevant medical disability renders it impracticable for the intern to notify the Council within those 30 days, as soon as is practicable in the circumstances.
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(6)Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the intern should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the intern in those interests, specify the proposed conditions and propose that the intern accept that those conditions be attached to his or her registration.
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(7)Where the intern the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the intern’s registration, the Council shall attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions.
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(8)Where the intern the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Council may, notwithstanding that refusal, attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions.
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Appeal to Court against certain decisions of Council 36H. (1) In this section, ‘relevant decision’ means a decision of the Council to— (a) refuse to recognise a qualification held by a person as an intern qualification under section 36C(2), (b) refuse to register a person under section 36E(2) or 36G(4), (c) refuse to grant a certificate of experience to an intern, or (d) attach conditions to the registration of an intern pursuant to section 36G(8).
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(2)When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.
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(3)The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2), appeal to the Court against the decision.
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(4)The Court may, on the hearing of an appeal under subsection (3) by a person— (a) either— (i) confirm the relevant decision the subject of the appeal, or (ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to— (I) recognise a qualification held by the person as an intern qualification, (II) register the person and with no conditions attached to the registration, (III) register the person with such conditions attached to the registration as the Court considers appropriate, (IV)remove some or all, or replace some or all, of the conditions attached to the registration of the person, (V)require the Council to issue a certificate of experience to the person, or (VI) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration, and (b) give the Council such directions or, in the case at paragraph (a)(ii)(VI), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.
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(5)The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the person concerned of the Council’s compliance with the direction.
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Correction of register 36I. (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires— (a) correct all clerical errors in the register, (b) remove from the register all entries therein procured by fraud or misrepresentation, (c) enter in the register every change which comes to the Council’s knowledge in the addresses of interns, and (d) remove the registration of all interns whose death has been notified to, or comes to the knowledge of, the Council.
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(2)Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the intern concerned, or the intern’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.
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(3)The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.
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(4)Where any particulars entered in the register in respect of an intern change, the intern shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.
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(5)An intern shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the intern’s registration not later than 30 days after that matter comes to the knowledge of the intern.
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Publication of register 36J. (1) Subject to subsection (2), the Council shall ensure that the register is published in the prescribed manner.
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(2)The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of interns or other similar details that, in its opinion, should, in the interests of the security of the interns, be protected from disclosure.”.
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Registration of adapters 89. The Act of 2007 is amended by the insertion of the following Part before Part 6: “PART 5B Registration of Adapters Interpretation - Part 5B 36K. (1) In this Part— ‘adaptation period’ has the meaning assigned to it by Regulation 23 of the Regulations of 2017; ‘register’ means the register of adapters; ‘registered’ means registered under section 36M; ‘relevant person’ means a person— (a) to whom Part 5 of the Regulations of 2017 applies who is seeking to pursue the professional activity of medical practitioner in the State, and (b) who is required to complete a period of adaptation in consequence of the Council exercising its power under Regulation 22 of the Regulations of 2017 to require him or her to do so.
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(2)A reference in this Part to an adapter’s adaptation period means the adaptation period stated in his or her certificate of registration pursuant to section 36L(5)(d).
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Register of adapters 36L. (1) The Council shall establish and maintain a register to be known as the register of adapters.
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(2)The register shall contain the names of relevant persons registered in it pursuant to section 36M and such other identifying particulars of those persons as the Council considers appropriate.
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(3)The register may be established and maintained in paper or electronic form.
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(4)A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period— (a) a person named in the certificate— (i) was an adapter, or (ii) was not an adapter, or (b) the registration of an adapter named in the certificate was subject to the relevant conditions specified in the certificate, shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.
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(5)The Council shall, as soon as is practicable after a relevant person has been registered and the appropriate fee paid, give the person a certificate stating— (a) the person’s name, (b) the registration number attached to the person’s registration, (c) such other identifying particulars of the person as the Council considers appropriate, (d) the adaptation period, not exceeding 3 years, required to be completed by the person, and (e) particulars of the training in medical practice to which such adaptation period relates.
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(6)Where relevant conditions have been attached to the registration of an adapter, the Council shall enter in the register— (a) a statement that the adapter’s registration is subject to conditions, and (b) particulars of the conditions.
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(7)An adapter shall, as soon as may be after the adapter has received his or her certificate of registration and if it is practicable to do so, cause the certificate to be displayed— (a) at the principal place where the adapter practises medicine, and (b) at all times during which the adapter’s registration continues and at no other time.
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(8)An adapter shall, as soon as may be after he or she has received his or her certificate of registration, cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic form, relating to that adapter’s practice as an adapter.
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(9)The Council shall, as soon as is practicable after the expiration of an adapter’s adaptation period, remove from the register all entries therein relating to that adapter.
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Application for registration 36M. (1) A relevant person may make an application to the Council, accompanied by the appropriate fee, to be registered in the register.
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(2)The Council shall determine an application under subsection (1) from a relevant person by registering the person if— (a) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State, (b) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and (c) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.
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(3)The Council may, by notice in writing given to a relevant person who has made an application under subsection (1), request the person to give the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.
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Provisions supplementary to sections 36L and 36M 36N. (1) To the extent of enabling an adapter to practise medicine in the State for his or her adaptation period but no further, every reference in the State to a medical practitioner or a registered medical practitioner contained in any enactment (other than this Act) or any statutory instrument (other than a statutory instrument under this Act) or any other document shall, unless the context otherwise requires, be construed as including a reference to the adapter.
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(2)Subject to subsection (3), where an adapter has completed his or her adaptation period to the satisfaction of the Council, the Council shall grant the adapter a certificate of adaptation.
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(3)The Council shall not grant a certificate of adaptation to an adapter unless the Council is of the opinion that the adapter has, during his or her adaptation period, satisfactorily completed the training in medical practice to which such adaptation period relates.
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(4)Without prejudice to the generality of section 56B, the Council may remove an adapter’s registration (that is, by deleting his or her name from the register) if— (a) the adapter makes an application to the Council to have the registration removed, (b) the adapter is not, or is no longer, practising medicine as an adapter, or (c) the Council is of the opinion that the adapter has not, during his or her adaptation period, satisfactorily completed the training in medical practice (under the supervision and responsibility of a registered medical practitioner) to which such adaptation period relates.
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Conditions attached to registration 36O. (1) A relevant person making an application for registration shall declare in the application— (a) whether the person has a relevant medical disability, and (b) whether any material matter has occurred in relation to the person.
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(2)Where the Council is satisfied that— (a) a relevant person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and (b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter, the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.
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(3)Where the relevant person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council shall, if the person is registered, at the same time as such registration comply with section 36L(6) in respect of the conditions.
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(4)Where the relevant person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council may refuse to register that person.
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(5)An adapter who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than— (a) 30 days after the medical disability becomes a relevant medical disability, or (b) where the relevant medical disability renders it impracticable for the adapter to notify the Council within those 30 days, as soon as is practicable in the circumstances.
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(6)Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the adapter should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the adapter in those interests, specify the proposed conditions and propose that the adapter accept that those conditions be attached to his or her registration.
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(7)Where the adapter the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the adapter’s registration, the Council shall attach those conditions to the registration of the adapter and, at the same time, comply with section 36L(6) in respect of the conditions.
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(8)Where the adapter the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Council may, notwithstanding that refusal, attach those conditions to the registration of the adapter and, at the same time, comply with section 36L(6) in respect of the conditions.
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Appeal to Court against certain decisions of Council 36P. (1) In this section, ‘relevant decision’ means a decision of the Council to— (a) refuse to register a relevant person under section 36M(2) or 36O(4), (b) refuse to grant a certificate of adaptation to an adapter, or (c) attach conditions to the registration of an adapter pursuant to section 36O(8).
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(2)When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.
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(3)The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2), appeal to the Court against the decision.
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(4)The Court may, on the hearing of an appeal under subsection (3) by a person— (a) either— (i) confirm the relevant decision the subject of the appeal, or (ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to— (I) register the person and with no conditions attached to the registration, (II) register the person with such conditions attached to the registration as the Court considers appropriate, (III) remove some or all, or replace some or all, of the conditions attached to the registration of the person, (IV) require the Council to issue a certificate of adaptation to the person, or (V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration, and (b) give the Council such directions or, in the case at paragraph (a)(ii)(V), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.
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(5)The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the person concerned of the Council’s compliance with the direction.
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Correction of register 36Q. (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires— (a) correct all clerical errors in the register, (b) remove from the register all entries therein procured by fraud or misrepresentation, (c) enter in the register every change which comes to the Council’s knowledge in the addresses of adapters, and (d) remove the registration of all adapters whose death has been notified to, or comes to the knowledge of, the Council.
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(2)Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the adapter concerned, or the adapter’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.
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(3)The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.
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(4)Where any particulars entered in the register in respect of an adapter change, the adapter shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.
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(5)An adapter shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the adapter's registration not later than 30 days after that matter comes to the knowledge of the adapter.
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Publication of register 36R. (1) Subject to subsection (2), the Council shall ensure that the register is published in the prescribed manner.
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(2)The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of adapters or other similar details that, in its opinion, should, in the interests of the security of the adapters, be protected from disclosure.”.
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Prohibition against practice of medicine by persons other than registered medical practitioners, etc.
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90.The Act of 2007 is amended by the substitution of the following section for section 37: “37. (1) Subject to sections 38 and 38B, a person (including a medical practitioner) shall not practise medicine unless he or she is— (a) a registered medical practitioner, (b) an intern, or (c) an adapter.
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(2)Subject to section 50, a person shall not advertise his or her services as a medical practitioner unless he or she is a registered medical practitioner.”.
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Amendment of section 38 of Act of 2007 91. Section 38 of the Act of 2007 is amended— (a) by the substitution of “A person does not contravene section 37(1)” for “A medical practitioner does not contravene section 37(a)”, (b) in paragraphs (a), (b), (c) and (d), by the substitution of “the person” for “the practitioner”, (c) by the deletion of paragraph (e), and (d) in paragraph (f) — (i) by the substitution of “the person” for “the practitioner”, and (ii) by the substitution of “paragraphs (a) to (d)” for “paragraphs (a) to (e)”.
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Circumstances in which persons may practise medicine 92. The Act of 2007 is amended by the insertion of the following section after section 38A: “38B. (1) A person does not contravene section 37(1) if the person practises medicine only in the course of rendering first aid to another person.
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(2)Subsection (3) applies to a person who is qualified to practise medicine under the law of a place outside the State and— (a) who is in the State for a humanitarian purpose, (b) who is a specialist in a medical specialty recognised under section 89(1) and in the State to provide medical treatment for the purpose of teaching or training in relation to that specialty, or (c) who is in the State for the purpose of accompanying a sports team participating in a sporting event in the State.
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(3)A person to whom this subsection applies does not contravene section 37(1) if the person practises medicine— (a) relevant to a purpose referred to in subsection (2)(a), (b) or (c), and (b) in accordance with a permit issued by the Council to that person and specifying the purpose referred to in subsection (2)(a), (b) or (c) concerned, for not more than the period specified in that permit (being a period not exceeding 30 days).”.
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Amendment of section 41 of Act of 2007 93. Section 41 of the Act of 2007 is amended— (a) in subsection (1), by the substitution of the following paragraph for paragraph (a): “(a) contravenes section 37(1) or (2) or 40(2),”, and (b) by substitution of the following subsection for subsection (4): “(4) A person is guilty of an offence if the person makes or causes to be made— (a) any false declaration or misrepresentation for the purpose of obtaining registration (including registration under Part 5A or 5B), or (b) any false declaration under section 54A.”.
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Amendment of section 42 of Act of 2007 94. Section 42 of the Act of 2007 is amended, in subsection (2)(b), by the insertion of “or in section 38B” after “paragraphs (a) to (g) of section 38”.
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Amendment of section 43 of Act of 2007 95. Section 43 of the Act of 2007 is amended— (a) in subsection (2)(c), by the substitution of “section 44 or 48” for “section 44, 48 or 49”, and (b) in subsection (8), by the substitution of “his or her certificate of registration” for “the certificate referred to in subsection (5)”.
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Amendment of Act of 2007 - insertion of sections 44A to 44C 96. The Act of 2007 is amended by the insertion of the following sections after section 44: “Application for recognition of qualification 44A. (1) A person may make an application to the Council, accompanied by the appropriate fee— (a) for the recognition of a qualification, held by that person, as a general qualification, or (b) for the recognition of a qualification, held by that person, as a specialist qualification.
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(2)The Council shall recognise the qualification, the subject of an application under subsection (1)(a), as a general qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44B.
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(3)The Council shall recognise the qualification, the subject of an application under subsection (1)(b), as a specialist qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44C.
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(4)The Council may, by notice in writing given to a person who has made an application under subsection (1), request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.
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Requirements to be met for recognition of qualification as general qualification 44B. (1) Subject to subsection (2), a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘general qualification’) for the purposes of registering that person in the General Division if the person— (a) has an Irish formal qualification, (b) has a qualification in medicine from a state other than the State and has passed an examination specified in rules made under section 11 for the purposes of this paragraph, or (c) has a qualification in medicine from a state other than the State and is exempted from paragraph (b) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this paragraph, for such exemption.
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(2)Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification in basic medical training recognised— (a) in accordance with Regulation 10 or 21 of those Regulations, (b) under Regulation 30(1) of those Regulations, or (c) under Part 14 of those Regulations, is a general qualification for the purposes of this Act.
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Requirements to be met for recognition of qualification as specialist qualification 44C. (1) Subject to subsection (2), a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘specialist qualification’) for the purposes of registering that person in the Specialist Division if— (a) the person— (i) has been granted evidence of the satisfactory completion of specialist training undertaken in the State by a body approved under section 89(3)(a)(ii), or (ii) has been awarded a qualification in medicine and satisfies the Council that he or she has— (I) completed a programme of specialist training, and (II) acquired sufficient experience in specialised medicine, to a standard that satisfies the Council is adequate for recognition as a specialist qualification, and (b) the specialist training or specialist qualification is in relation to a medical specialty recognised by the Council under section 89(1).
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(2)Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification as a specialised doctor recognised— (a) in accordance with Regulation 10 or 21 of those Regulations, (b) under Regulation 30(3) of those Regulations, or (c) under Part 14 of those Regulations, is a specialist qualification for the purposes of this Act.”.
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Application for registration (other than in Supervised Division) 97. The Act of 2007 is amended by the substitution of the following section for section 45: “45. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in a division of the register other than the Supervised Division.
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(2)An application under subsection (1) by a person shall be accompanied by— (a) subject to paragraph (b), evidence, in the manner specified by rules (if any) made under section 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or (b) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.
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(3)Subsection (2) applies, with all necessary modifications, to a renewal or restoration of registration as it applies to a first registration.
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(4)The Council shall determine an application under subsection (1) from a person by registering the person in that division of the register (other than the Supervised Division) which is considered by the Council to be appropriate if— (a) the Council is satisfied that the person holds a general qualification or specialist qualification, (b) either— (i) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State, or (ii) the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph (1) of that Regulation, (c) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and (d) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.
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(5)Subject to subsection (6), the Council shall not register a person in more than one division of the register.
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(6)A medical practitioner who is registered in the Specialist Division may also be registered in the Trainee Specialist Division if, and only if, the practitioner is undergoing specialist training in a medical specialty other than the specialty in respect of which the practitioner is registered in the Specialist Division.
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(7)Notwithstanding any other provision of this Act, the Council shall not register a person unless the Council is satisfied that the person has provided— (a) subject to paragraph (b), evidence, in the manner specified by rules (if any) made under section 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or (b) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.
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(8)The Council may, by notice in writing given to a person who has made an application under subsection (1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.”.
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Medical practitioners to be registered in General Division 98. The Act of 2007 is amended by the substitution of the following section for section 46: “46. The Council shall register in the General Division a medical practitioner (other than a visiting EEA practitioner) who meets all the requirements of section 45 that apply to him or her but who is not able to be registered— (a) in the Specialist Division pursuant to section 47, or (b) in the Trainee Specialist Division pursuant to section 48.”.
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Medical practitioners to be registered in Specialist Division 99. The Act of 2007 is amended by the substitution of the following section for section 47: “47. (1) The Council shall register in the Specialist Division a medical practitioner (other than a visiting EEA practitioner) who meets all the requirements of section 45 that apply to him or her and who holds a specialist qualification.
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(2)The Council may, until the 1st anniversary of the commencement of section 99 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020, grant registration in any particular list of the Specialist Division to a medical practitioner who— (a) is registered, or is able to be registered, in the General Division, (b) on or before 31 December 2008, both met the qualifying criteria for appointment to a medical post in the State as a consultant and occupied such post, and (c) satisfies the Council that he or she has sufficient competency such that he or she should be registered as a specialist in that list.
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(3)For the purposes of subsection (2), the Council shall, until the 1st anniversary referred to in that subsection, work with the bodies approved under section 89(3)(a) to assist medical practitioners registered in the General Division to achieve the necessary standard for registration in the Specialist Division.”.
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Medical practitioners to be registered in Trainee Specialist Division 100. The Act of 2007 is amended by the substitution of the following section for section 48: “48. (1) The Council shall register in the Trainee Specialist Division a medical practitioner who meets all the requirements of section 45 that apply to him or her and who— (a) holds a general qualification or specialist qualification, and (b) practises medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training.
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(2)A medical practitioner who is registered in the Trainee Specialist Division but who ceases to practise medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training shall, as soon as is practicable after so ceasing to practise medicine but, in any case, not later than 14 days after so ceasing to practise medicine, give notice in writing to the Council of that fact.
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(3)Where— (a) the Council receives a notice under subsection (2) from a medical practitioner, or (b) a medical practitioner fails to comply with subsection (2), sections 45(5) and 46 shall apply to and in relation to the Council and the practitioner.”.
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Application for and registration of medical practitioners in Supervised Division 101. The Act of 2007 is amended by the substitution of the following section for section 50A: “50A. (1) A medical practitioner may make an application to the Council, accompanied by the appropriate fee, to be registered in the Supervised Division.
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(2)Subject to subsection (10), the Council shall register a medical practitioner in the Supervised Division who holds a qualification in medicine where that person meets— (a) the requirements specified in this Act relating to the registration of medical practitioners in the Supervised Division, and (b) the relevant criteria specified in rules made under section 11 relating to the registration of medical practitioners in the Supervised Division.
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(3)A medical practitioner may not be registered in the Supervised Division for a period in excess of 2 years in aggregate or, with the approval in writing of the Health Service Executive, in excess of 3 years in aggregate in a particular case.
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(4)The registration of a medical practitioner in the Supervised Division shall apply to that medical practitioner only in respect of an individually numbered, identifiable post which has been approved by the Council for the purposes of this section and which post is— (a) subject to subsection (7), certified by the Health Service Executive to be a publicly funded post, or (b) funded by a third country which is sponsoring that person.
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(5)The Council shall not approve a post pursuant to subsection (4) unless it is satisfied that adequate arrangements for the supervision of the medical practitioner to whom the application for registration relates in the performance of his or her duties in the post have been established, having regard to the level of experience of the practitioner to whom the application for registration relates, the seniority of the post and the duties to be performed by that practitioner.
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(6)A medical practitioner whose name is entered in the Supervised Division may not practise medicine in the State other than— (a) in the post referred to in subsection (4) in relation to which that practitioner is registered, and (b) in accordance with the terms and conditions of employment relating to that post.
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(7)The Health Service Executive shall not certify that a post is a publicly funded post unless the remuneration and benefits in respect of the post are funded entirely, or to a substantial extent, by the Health Service Executive.
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(8)Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, that practitioner shall cease to be so registered.
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(9)Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, the employer of that medical practitioner shall notify the Council of that fact within 5 days of the practitioner ceasing to hold such post.
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(10)Paragraphs (b)(i), (c) and (d) of section 45(4) shall apply to a medical practitioner who has made an application under subsection (1) as those paragraphs apply to a medical practitioner who has made an application under section 45(1).”.
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Amendment of section 52 of Act of 2007 102. Section 52 of Act of 2007 is amended— (a) in subsection (3), by the substitution of “the Council may consider such an application if the Council is satisfied that the removal of the practitioner’s registration would not be contrary to the public interest” for “then the Council shall not consider the application until such time as the Council has decided whether or not the practitioner’s registration should be removed (including cancelled) pursuant to another provision of this Act”, (b) in subsection (4), by the insertion of “unless the removal of the registration was effected (whether in whole or in part) on the ground that the removal would not be contrary to the public interest as referred to in subsection (3)” after “registration restored”, and (c) by the substitution of the following subsection for subsection (5): “(5) The Council shall determine an application under subsection (4) from a medical practitioner by restoring the practitioner’s registration unless the Council has ceased to be satisfied that the practitioner is a fit and proper person to practise medicine in the State.”.
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Conditions attached to registration 103. The Act of 2007 is amended by the substitution of the following section for section 53: “53. (1) A person making an application for registration shall declare in the application— (a) whether the person has any relevant medical disability, and (b) whether any material matter has occurred in relation to the person.
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(2)Where the Council is satisfied that— (a) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and (b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter, the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.
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(3)Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council shall, if the person is registered, at the same time as such registration comply with section 43(6) in respect of the conditions.
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(4)Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council may refuse to register that person.
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(5)A registered medical practitioner who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than— (a) 30 days after the medical disability becomes a relevant medical disability, or (b) where the relevant medical disability renders it impracticable for the practitioner to notify the Council within those 30 days, as soon as is practicable in the circumstances.
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(6)Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the medical practitioner should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the medical practitioner in those interests, specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the practitioner in those interests and propose that the medical practitioner accept that those conditions be attached to his or her registration.
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(7)Where the medical practitioner the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection, the Council shall attach those conditions to the registration of the practitioner and, at the same time, comply with section 43(6) in respect of the conditions.
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(8)Where the medical practitioner the subject of a decision under subsection (6) refuses, in writing, to agree to the attachment of the proposed conditions, or does not respond within 30 days, the Council shall make a complaint under section 57(1)(c).”.
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Appeal to Court against certain decisions of Council 104. The Act of 2007 is amended by the substitution of the following section for section 54: “54. (1) In this section, ‘relevant decision’ means a decision of the Council to— (a) refuse to recognise a qualification held by a person as a general qualification under section 44A(2), (b) refuse to recognise a qualification held by a person as a specialist qualification under section 44A(3), (c) refuse to register a person under section 45(4), 50A(2) or 53(4), (d) register a person in a division of the register other than the division specified in the person’s application under section 45(1) for registration, or (e) refuse to restore the registration of a medical practitioner under section 52(5).
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(2)When the Council makes a relevant decision, the Council shall forthwith give notice in writing to the person, the subject of the decision, the date of the decision and the reasons for the decision.
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(3)The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2), appeal to the Court against the decision.
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(4)The Court may, on the hearing of an appeal under subsection (3) by a person— (a) either— (i) confirm the relevant decision the subject of the appeal, or (ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to— (I) recognise a qualification held by the person as a general qualification or a specialist qualification, (II) register or restore the registration of the person in such division of the register as the Court considers appropriate and with no conditions attached to that registration, (III) register or restore the registration of the person— (A) in such division of the register as the Court considers appropriate, and (B) with such conditions attached to that registration as the Court considers appropriate, (IV) remove some or all, or replace some or all, of the conditions attached to the registration of the person, or (V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration, and (b) give the Council such directions or, in the case of paragraph (a)(ii)(V), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.
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(5)The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the person concerned of the Council’s compliance with the direction.”.
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Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.
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105.The Act of 2007 is amended by the insertion of the following section after section 54: “54A. (1) Subject to subsections (2) to (4), a registered medical practitioner, intern or adapter shall, in each year, give to the Council a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.
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(2)If, in any year, subsection (1) does not apply to a registered medical practitioner, intern or adapter because there are no particulars referred to in that subsection which he or she is required to give to the Council, the practitioner, intern or adapter shall give to the Council a declaration in writing to that effect.
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(3)If, in any year subsequent to a year in which a registered medical practitioner, intern or adapter gave particulars referred to in subsection (1) to the Council, there has been no material change in the matter to which the particulars relate, the practitioner, intern or adapter may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.
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(4)A registered medical practitioner, intern or adapter shall, in each year, comply with subsection (1), (2) or (3) — (a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee determined under section 36(1)(b), (cb) or (ce), as appropriate, and (b) not later than the last day of that 6 weeks.
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(5)A registered medical practitioner, intern or adapter shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council— (a) a declaration in writing providing particulars of the sanctions (if any) imposed on the practitioner, intern or adapter in consequence of those proceedings, or (b) if no such sanctions were so imposed, a declaration in writing to that effect.
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(6)The Council may, by notice in writing given to a registered medical practitioner, intern or adapter who has made a declaration under this section, require the practitioner, intern or adapter to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.
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(7)(a) A registered medical practitioner, intern or adapter shall comply with a notice under subsection (6) given to the practitioner, intern or adapter. (b) Where the Council considers that a registered medical practitioner has contravened paragraph (a), the Council shall forthwith make a complaint.
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(8)In this section— ‘final determination’, in relation to any relevant proceedings and a registered medical practitioner, intern or adapter, means— (a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the practitioner, intern or adapter, within the ordinary time in the State or the other jurisdiction concerned, as appropriate, for making such an appeal, or (b) if such an appeal is made— (i) the abandonment or withdrawal of the appeal, or (ii) the determination of the appeal, whichever first occurs; ‘relevant proceedings’, in relation to a registered medical practitioner, intern or adapter, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the practitioner, intern or adapter is the subject— (a) in the State or another jurisdiction which may directly or indirectly result in the practitioner, intern or adapter— (i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or (ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction, (b) in another jurisdiction which may result in the practitioner, intern or adapter being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or (c) in the State which may result in the practitioner, intern or adapter being convicted, in the State, for an offence triable on indictment; ‘sanction’ includes any restriction or measure.”.
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Amendment of section 55 of Act of 2007 106. Section 55 of the Act of 2007 is amended by the deletion of subsection (7).
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Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions 107. The Act of 2007 is amended by the insertion of the following section after section 55: “55A. (1) Where a registered medical practitioner, intern or adapter provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Council may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction, as appropriate, to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Council with any information relevant to either or both of the following: (a) any material matter that has occurred in that jurisdiction in relation to the practitioner, intern or adapter; (b) the practitioner’s, intern’s or adapter’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.
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(2)In this section— ‘adapter’ includes a person who has made an application under section 36M for registration which has not yet been determined by the Council; ‘intern’ includes a person who has made an application under section 36E for registration which has not yet been determined by the Council; ‘registered medical practitioner’ includes a person who has made an application under section 45 or 50A for registration which has not yet been determined by the Council; ‘relevant statement’, in relation to a request under subsection (1), means a statement to the effect that any information provided to the Council, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the medical practitioner, intern or adapter the subject of the request.”.
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Application of Parts 7, 8 and 9 to interns and adapters 108. The Act of 2007 is amended by the insertion of the following section after section 56A: “56B. In this Part and in Parts 8 and 9, and notwithstanding the definition of ‘registered medical practitioner’ in section 2— (a) a reference to a registered medical practitioner shall be construed as including a reference to an intern and an adapter, and (b) a reference to the register shall be construed as including a reference to the register of interns and the register of adapters, and the provision of this Part and of Parts 8 and 9 shall, with all necessary modifications, be construed accordingly.”.
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Amendment of section 57 of Act of 2007 109. Section 57 of the Act of 2007 is amended— (a) in subsection (1) — (i) by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”, (ii) in paragraph (e), by the substitution of “section 59A(1) or 67(1)” for “section 67(1)”, and (iii) by the insertion of the following paragraph after paragraph (e): “(ea) the imposition on the practitioner of— (i) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or (ii) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”, (b) by the insertion of the following subsections after subsection (2): “(2A) (a) The chief executive officer may, in relation to a complaint heard, being heard or to be heard by the Fitness to Practise Committee, whenever he or she considers it necessary to do so, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the medical practitioner the subject of the complaint that the Committee may reasonably require for the performance of its functions. (b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018 , comply with a request under paragraph (a) as soon as is practicable after receiving the request. (c) The chief executive officer may, whenever he or she considers it necessary to do so, request in writing that the registrar or clerk of a court which has convicted a medical practitioner of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the chief executive officer or Council (including any committee thereof), or both, may reasonably require for the performance of his or her or its functions under this Act in relation to that medical practitioner. (d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request. (e) In this subsection, ‘criminal record’, in relation to a medical practitioner, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) of the practitioner for offences (if any).
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(2B) Subject to subsection (2C), where the chief executive officer receives a complaint, he or she shall comply with section 58A in respect of the complaint unless— (a) he or she is satisfied that the complaint is not made in good faith, or (b) he or she is satisfied that the complaint is frivolous or vexatious. (2C) Subsection (2B) shall not apply to a complaint where the Council is the complainant. (2D) Where the chief executive officer decides that a complaint falls within subsection (2B)(a) or (b), he or she shall give notice in writing to the complainant (and, if the chief executive officer is of the opinion that it is in the interests of the complainant, or the registered medical practitioner to whom the complaint relates, or of both, to do so, to such practitioner) of the decision and the reasons for the decision.”, (c) in subsection (3) — (i) by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”, (ii) in paragraph (a), by the substitution of “the chief executive officer, the Preliminary Proceedings Committee” for “the Committee”, and (iii) by the substitution of the following paragraph for paragraph (b): “(b) the authorised officers act expeditiously, and”, (d) by the insertion of the following subsection after subsection (3): “(3A) The chief executive officer may, in relation to the complaint concerned, inform, in addition to the complainant, other parties to the proceedings under this Act concerning the complaint, of the decisions referred to in subsection (3)(a).”, (e) by the deletion of subsection (4), (f) in subsection (5), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”, (g) in subsection (6) — (i) in paragraph (a) — (I) in subparagraph (i), by the substitution of “a person who has permanently ceased to be a fit and proper person to continue to practise medicine” for “permanently unfit to continue to practise medicine”, and (II) by the substitution of “section 71(1)(f)” for “section 71(f)”, and (ii) in paragraph(b), by the substitution of “chief executive officer and direct that officer”, for “Preliminary Proceedings Committee and direct the Committee”, (h) in subsection (8), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”, and (i) by the insertion of the following subsection after subsection (8): “(8A) A complaint made before the commencement of section 109 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 which has not been disposed of or otherwise dealt with under this Act before that commencement shall be disposed of or otherwise dealt with under this Act as this Act was in force immediately before that commencement.”.
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Amendment of section 58 of Act of 2007 110. Section 58 of the Act of 2007 is amended— (a) by the substitution of the following subsections for subsections (1) and (2): “(1) The chief executive officer may appoint such and so many members of staff as he or she deems appropriate to be authorised officers to investigate complaints and to assist the chief executive officer and the Preliminary Proceedings Committee in relation to complaints for such period and subject to such terms as the chief executive officer may determine.
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(2)Subject to subsection (4), the chief executive officer shall specify the functions to be performed by authorised officers.”, (b) in subsection (3) — (i) by the substitution of the following paragraphs for paragraph (a): “(a) investigating complaints, (aa) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the chief executive officer or Preliminary Proceedings Committee;”, and (ii) by the substitution of the following paragraphs for paragraphs (d) to (f): “(d) reporting to the chief executive officer; (e) requesting persons to provide the chief executive officer with statements in writing concerning any matter relevant to the chief executive officer’s or Preliminary Proceedings Committee’s functions and examining statements given in response to the requests; (f) providing the chief executive officer or Preliminary Proceedings Committee with any other advice or assistance required in relation to the preparation of the chief executive officer’s or Preliminary Proceedings Committee’s reports.”, (c) in subsection (4) — (i) by the substitution of “An authorised officer” for “A person appointed under subsection (1)”, (ii) in paragraph (a), by the deletion of “or take affirmations”, and (iii) in paragraph (b), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”, (d) in subsection (5), by the substitution of “An authorised officer” for “A person appointed under subsection (1)”, (e) by the substitution of the following subsection for subsection (6): “(6) The chief executive officer shall provide each authorised officer with a warrant— (a) identifying the authorised officer, and (b) specifying the functions that the authorised officer has the authority to perform by virtue of subsection (2) and, if applicable, subsections (4)(b) and (5).”, and (f) by the substitution of the following subsection for subsection (7): “(7) Where an authorised officer performs a function specified in that authorised officer’s warrant provided under subsection (6), the authorised officer shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.”.
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Investigation of complaints 111. The Act of 2007 is amended by the insertion of the following section after section 58: “58A. (1) Subject to section 57(2B), the chief executive officer, following the receipt of a complaint, shall cause such investigation as he or she deems appropriate to be carried out and, for the purposes of the investigation, shall appoint an authorised officer to carry out the investigation.
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(2)(a) The chief executive officer and the authorised officer appointed under subsection (1) may, for the purposes of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered medical practitioner the subject of the complaint that arise from the investigation of the complaint as they consider appropriate. (b) References to a complaint in this section (other than subsection (10)), in the definitions of ‘allegation’ and ‘inquiry’ in section 2 and in sections 7(2)(j), 11(2)(g), 20(2), 52(3)(a), 59A to 65, 67 to 71 and 79(2) shall be construed as including references to any of the matters referred to in paragraph (a).
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(3)The authorised officer shall investigate the complaint and prepare a report for the chief executive officer.
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(4)The authorised officer may, by notice in writing given to a complainant, do one or more of the following: (a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint; (b) request the complainant to provide, within a reasonable period specified in the notice, further information relating to the matter the subject of the complaint; (c) require that the information requested under paragraph (b) be provided by means of a statutory declaration.
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(5)The chief executive officer may refuse to consider or further consider a complaint if the complainant, without reasonable excuse, does not comply with a notice under subsection (4) given to the complainant.
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(6)The authorised officer shall give notice in writing to the registered medical practitioner, the subject of a complaint, of the complaint, its nature and, if known, the name of the complainant.
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(7)The registered medical practitioner the subject of a complaint may provide to the authorised officer any information that the practitioner believes should be considered by the Preliminary Proceedings Committee or the Fitness to Practise Committee.
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(8)The authorised officer may, by notice in writing given to a registered medical practitioner the subject of a complaint, require the practitioner to provide the authorised officer, within a reasonable period specified in the notice, with such information relating to the complaint as is specified in the notice.
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(9)A registered medical practitioner shall comply with a notice under subsection (8) given to the practitioner.
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(10)Where a complaint is withdrawn before it is considered by the Preliminary Proceedings Committee, the chief executive officer may— (a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or (b) proceed as if the complaint had not been withdrawn.
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(11)The chief executive officer shall, following the receipt of the investigation report from the authorised officer, forward the complaint and the investigation report and any other information which the chief executive officer deems appropriate to the Preliminary Proceedings Committee for consideration.
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(12)Subsections (1)(c), (2) (in so far as the last-mentioned subsection relates to the production of records) and (9) of section 66 shall apply to and in relation to the chief executive officer as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee and the other provisions of section 66 (including subsections (4) to (6)) shall, with all necessary modifications, be construed accordingly.”.
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Amendment of section 59 of Act of 2007 112. Section 59 of the Act of 2007 is amended— (a) in subsection (1), by the insertion of “and investigation report and any other information from the chief executive officer” after “receiving a complaint”, (b) in subsection (1A)— (i) by the substitution of “the investigation of the complaint and the investigation report and other information as it considers” for “its investigation of the complaint as it considers”, and (ii) by the substitution of “59A to 65” for “60 to 65”, (c) by the deletion of subsections (3) to (8), (d) by the insertion of the following subsections after subsection (9): “(9A) Where the Preliminary Proceedings Committee is of the opinion that additional information or an additional investigation, or both, is or are required concerning a complaint, it shall advise the chief executive officer that it is of that opinion. (9B) Where the chief executive officer is advised under subsection (9A), he or she shall— (a) seek to obtain the additional information required and give it to the Preliminary Proceedings Committee, or (b) ensure that the additional investigation required is undertaken and the further investigation report arising from the additional investigation is given to the Preliminary Proceedings Committee, or both if so required by that advisement.”, (e) in subsection (10), by the deletion of “, with the Council’s agreement”, and (f) in subsection (11), by the insertion of “and the other provisions of section 66 (including subsections (4) to (6)) shall, with all necessary modifications, be construed accordingly” after “chairperson of the Fitness to Practise Committee”.
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Undertakings and consents 113. The Act of 2007 is amended by the insertion of the following section after section 59: “59A. (1) The Preliminary Proceedings Committee may request the registered medical practitioner the subject of the complaint to do one or more than one of the following: (a) if appropriate, undertake not to repeat the conduct the subject of the complaint; (b) undertake to be referred to a professional competence scheme and to undertake any requirements relating to the improvement of the practitioner’s competence and performance which may be imposed; (c) consent to undergo medical treatment; (d) consent to being censured by the Council.
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(2)Where a registered medical practitioner gives an undertaking or consent the subject of a request under subsection (1) by the Preliminary Proceedings Committee— (a) the investigation of the complaint shall be considered to be completed, (b) section 63 shall not apply to the complaint, and (c) the Committee shall submit to the Council a report in writing specifying— (i) the nature of the complaint that resulted in the investigation, and (ii) the measures included in the undertaking or consent.
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(3)Where a registered medical practitioner refuses to give an undertaking or consent the subject of a request under subsection (1), the Preliminary Proceedings Committee may proceed as if the request had not been made.”.
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Amendment of section 60 of Act of 2007 114. Section 60 of the Act of 2007 is amended by the insertion of the following subsection after subsection (4): “(5) (a) Paragraph (b) applies where— (i) a registered medical practitioner becomes the subject of an order under subsection (3)(a) or (3A)(a), and (ii) the Council has reason to believe that— (I) the practitioner is registered in another jurisdiction as a medical practitioner or has made an application to be registered as a medical practitioner in another jurisdiction which has not yet been determined, and (II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council. (b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with a copy of that order and copies of other documents relevant to that order.”.
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Amendment of section 61 of Act of 2007 115. Section 61 of the Act of 2007 is amended— (a) In subsection (1), by the substitution of the following paragraphs for paragraph (b): “(b) the complaint should be referred to another body or authority, (ba) the medical practitioner the subject of the complaint should be referred to a professional competence scheme, or”, and (b) in subsection (2) — (i) in paragraph (b), by the substitution of “complaint” for “complainant”, and (ii) in paragraph (c), by the insertion of “medical practitioner the subject of the” after “refer the”.
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Amendment of section 63 of Act of 2007 116. Section 63 of the Act of 2007 is amended— (a) by the substitution of “Subject to section 59A(2)(b), where” for “Where”, and (b) by the insertion of “together with all other material (including investigation reports) that the Committee is of the opinion are relevant to the complaint and that the Fitness to Practise Committee needs to consider to dispose of or otherwise deal with the complaint” after “Fitness to Practise Committee”.
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Fitness to Practise Committee may order that certain information not be published 117. The Act of 2007 is amended by the insertion of the following section after section 65: “65A. (1) Subject to subsections (2) and (3), where the Fitness to Practise Committee is satisfied that there is reasonable cause to believe that all or part of the information (in this section referred to as the ‘relevant information’) relating to all or part of a hearing (in this section referred to as the ‘relevant hearing’) before the committee being held in public should not be disclosed, it may order that the relevant information shall not be disclosed.
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(2)A person may disclose all or part of any relevant information if the disclosure is in such form as to prevent particulars relating to the identity of a party to the proceedings at the relevant hearing being ascertained from it.
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(3)Nothing in this section shall be construed as prohibiting a disclosure of relevant information pursuant to a court order.
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(4)A person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment not exceeding 6 months or both.”.
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Amendment of section 67 of Act of 2007 118. Section 67 of the Act of 2007 is amended by the insertion of the following subsection after subsection (1): “(1A) Where a registered medical practitioner gives an undertaking or consent the subject of a request under subsection (1) by the Fitness to Practise Committee, the inquiry into the complaint shall be considered to be completed.”.
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Amendment of section 68 of Act of 2007 119. Section 68 of the Act of 2007 is amended by the deletion of “, with the Council’s agreement”.
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Amendment of section 69 of Act of 2007 120. Section 69 of the Act of 2007 is amended, in subsection (2)(a), by the substitution of the following subparagraphs for subparagraphs (ii) and (iii): “(ii) the evidence presented to the Committee, (iii) the Committee’s findings as to whether any allegation is proved, whether on the grounds on which the complaint was made or on any other grounds referred to in section 57, and (iv) if there is an undertaking or consent under section 67(1), the measures included in the undertaking or consent,”.
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Steps to be taken by Council after receiving report 121. The Act of 2007 is amended by the substitution of the following section for section 70: “70. The Council shall, on receiving the report referred to in section 69(1) of the Fitness to Practise Committee in relation to a complaint— (a) if there is an undertaking or consent under section 67(1), comply with section 71(2) in respect of the measures concerned, and (b) in any other case— (i) if the Committee finds that no allegation against the registered medical practitioner the subject of the complaint is proved, dismiss the complaint, (ii) if the Committee finds that any allegation against the practitioner is proved, decide under section 71(1) or 71A(1), as may be appropriate, one or more than one sanction to be imposed on the practitioner.”.
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Measures to be taken by Council after receiving report referred to in section 59A(2)(c) 122. The Act of 2007 is amended by the insertion of the following section after section 70A: “70B. (1) Subsection (2) applies as soon as is practicable after the Council has received and considered the report referred to in section 59A(2)(c) of the Preliminary Proceedings Committee in relation to a complaint concerning— (a) a registered medical practitioner, or (b) a medical practitioner referred to in section 70A.
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(2)The measures to be taken in respect of the medical practitioner shall be those contained in the report.”.
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Duty of Council to decide on appropriate measures to be taken 123. The Act of 2007 is amended by the substitution of the following section for section 71: “71. (1) Subject to sections 57(6)(a) and 72 and subsection (2), the Council shall, as soon as is practicable after receiving and considering the report referred to in section 69(1) of the Fitness to Practise Committee in relation to a complaint concerning a registered medical practitioner where section 70(b)(ii) is applicable, decide that one or more than one of the following sanctions be imposed on the practitioner: (a) an advice or admonishment, or a censure, in writing; (b) a censure in writing and a fine not exceeding €5,000; (c) the attachment of conditions to the practitioner’s registration, including restrictions on the practice of medicine that may be engaged in by the practitioner; (d) the transfer of the practitioner’s registration to another division of the register; (e) the suspension of the practitioner’s registration for a specified period; (f) the cancellation of the practitioner’s registration; (g) a prohibition from applying for a specified period for the restoration of the practitioner’s registration.
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(2)Where the report referred to in section 69(1) follows an undertaking or consent under section 67(1), then the measures to be taken in respect of the registered medical practitioner shall be those contained in the report.”.
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Amendment of section 71A of Act of 2007 124. Section 71A of the Act of 2007 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1) — (i) by the substitution of “Subject to subsection (2), in the case” for “In the case”, and (ii) by the substitution of “section 70(b)(ii)” for “section 70(b)”, and (c) by the insertion of the following subsection after subsection (1): “(2) Where the report referred to in section 69(1) follows an undertaking or consent under section 67(1), then the measures to be taken in respect of the medical practitioner shall be those contained in the report.”.
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Amendment of section 72 of Act of 2007 125. Section 72 of the Act of 2007 is amended— (a) in subsection (1) — (i) by the substitution of “section 71(1)(b), (c)” for “section 71(b), (c)”, and (ii) in paragraphs (a), (b), (c), (d) and (e), by the substitution of “section 71(1)” for “section 71”, and (b) in subsection (2) — (i) by the substitution of “section 71(1)(f)” for “section 71(f)”, and (ii) in paragraph (a), by the substitution of “a person who is not a fit and proper person to practise medicine” for “unfit to continue to practise medicine”.
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Amendment of section 72A of Act of 2007 126. Section 72A of the Act of 2007 is amended— (a) by the substitution of “section 71A(1)(b), (c)” for “section 71A(b), (c)”, and (b) in paragraphs (a), (b) and (c), by the substitution of “section 71A(1)” for “section 71A”.
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Amendment of section 73 of Act of 2007 127. Section 73 of the Act of 2007 is amended by the substitution of the following subsection for subsection (2): “(2) Where the Council has decided to impose a sanction on a registered medical practitioner (other than a sanction arising from measures referred to in section 71(2) or 71A(2)), the Council shall give notice in writing to the practitioner of the practitioner’s entitlement, under section 75, to appeal to the Court against the decision.”.
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Amendment of section 74 of Act of 2007 128.Section 74 of the Act of 2007 is amended— (a) by renumbering the existing section as subsection (1), (b) in subsection (1), by the substitution of “(not being a sanction referred to in section 71(1)(a) or 71A(1)(a) or arising from measures referred to in section 71(2) or 71A(2))” for “(other than a sanction referred to in section 71(a) or 71A(a) )”, and (c) by the insertion of the following subsection after subsection (1): “(2) A decision under section 71(1) or 71A(1) to impose a sanction (being a sanction referred to in section 71(1)(a) or 71A(1)(a)) on a registered medical practitioner shall not take effect unless— (a) the decision is confirmed by the Court on an application under section 75, or (b) the 21 days referred to in section 75(1) within which the practitioner may appeal to the Court against the decision expires without the practitioner making such appeal.”.
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Amendment of section 75 of Act of 2007 129. Section 75 of the Act of 2007 is amended by the substitution of the following subsection for subsection (1): “(1) A registered medical practitioner the subject of a decision under section 71(1) or 71A(1) to impose a sanction (other than a sanction arising from measures referred to in section 71(2) or 71A(2)) may, not later than 21 days after the notice under section 73(1) of the decision was given by the Council, appeal to the Court against the decision.”.
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Amendment of section 76 of Act of 2007 130. Section 76 of the Act of 2007 is amended— (a) in subsection (1), by the substitution of “(other than a sanction referred to in section 71(1)(a) or 71A(1)(a) or arising from measures referred to in section 71(2) or 71A(2) )” for “(other than a sanction referred to in section 71(a) or 71A(a) )”, and (b) in subsection (3), by the insertion of “and direct how the costs of the application are to be borne” after “to do so”.
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Amendment of section 84 of Act of 2007 131. Section 84 of the Act of 2007 is amended— (a) in subsection (1) — (i) by the substitution of “the Health Service Executive and such other persons as it thinks fit” for “the Minister and the Health Service Executive”, and (ii) by the substitution of the following paragraphs for paragraph (k): “(k) the censuring of a registered medical practitioner; (l) the advisement or admonishment of a registered medical practitioner.”, (b) in subsection (2) — (i) by the substitution of “paragraphs (a) to (l)” for “paragraphs (a) to (k)”, (ii) by the insertion of “if satisfied that it is in the public interest to do so and” after “shall,”, and (iii) by the deletion of “the Minister and”, (c) in subsection (3), by the insertion of “(if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so)” after “shall”, and (d) by the substitution of the following subsections for subsection (4): “(4) (a) Paragraph (b) applies where— (i) it comes to the Council’s attention that any measure referred to in subsection (1) has been taken in relation to a registered medical practitioner, and (ii) the Council has reason to believe that— (I) the practitioner is registered in another jurisdiction, and (II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.