Health (Miscellaneous Provisions) Act 2024
What is this act about?
Is éard atá sa dlí seo ná an tAcht Sláinte (Forálacha Ilghnéitheacha) 2024, a dhéanann leasuithe ar roinnt Achtanna Sláinte eile. Baineann sé le seirbhísí sláinte, cógais, agus sábháilteacht othar.
Who it applies to: Daoine aonair a fhaigheann seirbhísí sláinte, go háirithe iad siúd os cionn 70 bliain d'aois; An Feidhmeannacht Seirbhíse Sláinte (FSS).
At a glance
- Country
- Ireland
- Area of law
- Health and pharmaceutical law
- Articles
- 13
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Leasuithe ar an Acht Sláinte 1970.
- Leasuithe ar an Acht um Bord Leigheasra na hÉireann 1995.
- Leasuithe ar an Acht Cógaisíochta 2007.
- Leasuithe ar an Acht Sláinte (Praghsáil agus Soláthar Earraí Leighis) 2013 agus an tAcht um Shábháilteacht Othar (Teagmhais Inbhraite agus Nochtadh Oscailte) 2023.
Who does this act apply to?
- Daoine aonair a fhaigheann seirbhísí sláinte, go háirithe iad siúd os cionn 70 bliain d'aois.
- An Feidhmeannacht Seirbhíse Sláinte (FSS).
What are the key points?
- Déantar neamhaird ar shuimeanna ábhartha áirithe (de réir bhrí alt 216A den Acht Comhdhlúite Cánacha 1997) agus staid airgeadais duine á mheas ag an FSS.
- Ní áirítear cineálacha áirithe dámhachtainí cúitimh (e.g., ó Thribiúnálacha Heipitíteas C) i ríomh ollioncaim chun críocha áirithe.
- Leasaítear alt 59 den Acht 1970 chun cógaiseoirí cláraithe a áireamh in ionad dochtúirí leighis cláraithe nó fiaclóirí cláraithe.
- Cuirtear seirbhís leighis agus máinliachta dochtúra teaghlaigh ar fáil saor in aisce do dhaoine atá 70 bliain d'aois nó níos sine, agus do chleithiúnaithe daoine cáilitheacha a chomhlíonann teorainneacha ioncaim áirithe (€700 in aghaidh na seachtaine d'aonair, €1,400 in aghaidh na seachtaine do lánúineacha, gan ioncam ó choigilteas suas le €36,000 nó €72,000 faoi seach a áireamh).
Health and pharmaceutical law
Legal text
Legal text
Health (Miscellaneous Provisions) Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Health (Miscellaneous Provisions) Act 2024 Health (Miscellaneous Provisions) Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 23 of 2024 HEALTH (MISCELLANEOUS PROVISIONS) ACT 2024 CONTENTS
PART 1
Preliminary and general Section
Section 1
Section 2
PART 2
Amendment of Act of 1970
Section 3
Section 4
Section 5
Section 6
Section 7
PART 3
Amendment of Act of 1995
Section 8
Section 9
Section 10
PART 4
Amendment of Pharmacy act 2007
Section 11
PART 5
Amendment of Health (Pricing and Supply of Medical Goods) Act 2013
Section 12
PART 6
Amendment of Patient Safety (Notifiable Incidents and open Disclosure) Act 2023
Section 13
PART 1
Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Health (Miscellaneous Provisions) Act 2024.
Definitions 2. In this Act— “Act of 1970” means the Health Act 1970 ; “Act of 1995” means the Irish Medicines Board Act 1995 .
PART 2
Amendment of Act of 1970 Amendment of section 45 of Act of 1970 3. Section 45 of the Act of 1970 is amended— (a) in subsection (2), by the substitution of “Subject to subsection (2A), in deciding” for “In deciding”, and (b) by the insertion of the following subsection after subsection (2): “(2A) In having regard under subsection (2) to a person’s overall financial situation, the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997 ) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) where the relevant sums qualify for relief under section 216A of the Taxes Consolidation Act 1997 .”.
Amendment of section 45A of Act of 1970 4. Section 45A of the Act of 1970 is amended— (a) by the substitution of the following subsection for subsection (5): “(5) In the calculation of the gross income of a person for the purposes of this section and section 45(5A), all gross income from all sources is to be included except for the gross income arising from the following sources of income and any subsequent income from the investment of the monies arising from the sources referred to in paragraphs (a) to (e): (a) compensation awards to persons under the Hepatitis C Compensation Tribunal Acts 1997 to 2006; (b) compensation awards by way of the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002 ; (c) prescribed repayments referred to in section 8
Amendment of section 58 of Act of 1970 5. Section 58 of the Act of 1970 is amended— (a) in subsection (2), by the substitution of “Subject to subsection (2A), in deciding” for “In deciding”, and (b) by the insertion of the following subsection after subsection (2): “(2A) In having regard to a person’s overall financial situation under subsection (2), the Health Service Executive shall disregard any relevant sums (within the meaning of section 216A of the Taxes Consolidation Act 1997 ) arising to the person (or the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) which qualify for relief under section 216A of the Taxes Consolidation Act 1997 .”.
Amendment of section 59 of Act of 1970 6. Section 59 of the Act of 1970 is amended in subsection (1A), by the substitution of “a registered medical practitioner, registered dentist or registered pharmacist” for “a registered medical practitioner or registered dentist”.
General practitioner medical and surgical service for certain persons over 70 years of age 7. The Act of 1970 is amended by the substitution of the following section for section 58A: “General practitioner medical and surgical service for certain persons over 70 years of age 58A. (1) The Health Service Executive shall make available without charge a general practitioner medical and surgical service for a person who is ordinarily resident in the State, who is not a person who comes within a category mentioned in subsection (1) of section 58, and who is in one of the following categories: (a) persons who have attained the age of 70 years; (b) dependants of qualifying persons where the Health Service Executive has, in accordance with subsection (5)(a), confirmed that a condition specified in subsection (2) is met by the qualifying person concerned, for so long as that condition is met.
PART 3
Amendment of Act of 1995 Amendment of section 1 of Act of 1995 8. Section 1 of the Act of 1995 is amended by the insertion of the following definitions: “ ‘authorised medicinal product’ means a medicinal product that is authorised under the Medicinal Products (Control of Placing on the Market) Regulations 2007 ( S.I. No. 540 of 2007 ) or Regulation (EC) No. 726/2004 of the European Parliament and of the Council of 31 March 20041 , as amended; ‘medicinal product shortage’ means where the current or anticipated supply of an authorised medicinal product or products that is placed on the market does not meet the current or, as the case may be, anticipated demand for that medicinal product or products; ‘medicinal product that is in short supply’ means, in relation to a medicinal product shortage, the authorised medicinal product or products that is the subject of the medicinal product shortage; ‘protocol’ means a protocol issued by the Minister under section 32G; ‘registered pharmacist’ means a person registered in the register of pharmacists established under section 13 of the Pharmacy Act 2007 ; ‘substitutable medicinal product’ means the medicinal product or products that registered pharmacists are authorised under a protocol to supply in substitution for the medicinal product that is in short supply;”.
Amendment of section 32 of Act of 1995 9. Section 32 of the Act of 1995 is amended— (a) in subsection (2)— (i) in paragraph (k), by the substitution of the following subparagraph for subparagraph (i): “(i) by a registered pharmacist, or a person, or class of persons, specified in the regulations, being a suitably qualified person or class of persons— (I) concerned in the provision of a health service, whether the health service is provided in a hospital, nursing home, clinic, retail pharmacy business (within the meaning of the Pharmacy Act 2007 ) or otherwise, (II) registered with a relevant professional body, and (III) trained in the administration of the medicinal product, and”, and (ii) in paragraph (l)— (I) in subparagraph (ii), by the substitution of “thereto,” for “thereto, or”, and (II) by the insertion of the following subparagraphs after subparagraph (iii): “(iv) subject to subsection (11A), such medicinal product or class of medicinal products as may be used for the purpose of treating mild or moderate illnesses or ailments, pursuant to a prescription issued by a registered pharmacist— (I) who has reached the required standard of education and training in relation to prescribing medicinal products in accordance with the rules of the Council of the Pharmaceutical Society of Ireland made under section 11 (3A) of the Pharmacy Act 2007 , (II) where the prescription is issued under the governance of a retail pharmacy business (within the meaning of the Pharmacy Act 2007 ) in accordance with regulations made under section 18 of the Pharmacy Act 2007 , and (III) in accordance with such other rules made, and codes of conduct drawn up by the Council of the Pharmaceutical Society of Ireland under sections 7
Insertion of sections 32G to 32I into Act of 1995 10. The Act of 1995 is amended by the insertion of the following sections after section 32F: “Substitution by pharmacists in case of medicinal product shortage 32G. (1) Where the Minister, having consulted with the Health Service Executive and the Health Products Regulatory Authority, is of the opinion that— (a) there is a medicinal product shortage, (b) arising from that shortage, there is likely to be a negative impact on the health service or the health needs of patients that cannot be addressed via other mechanisms, and (c) a protocol under this section would assist in addressing the impacts referred to in paragraph (b), he or she may prepare and issue a protocol to registered pharmacists authorising registered pharmacists to supply such alternative medicinal product or products as are specified in the protocol for the medicinal product that is in short supply under such conditions as are specified in the protocol and without the need for a further prescription.
Regulations governing protocol 32H. (1) The Minister shall make regulations providing for the issuing and operation of a protocol.
Reporting of information to support the security of supply of medicines 32I. (1) The Health Products Regulatory Authority may require a relevant person to provide to the Authority, in such form and manner and within such period as may be prescribed by regulations made by the Minister, such information in relation to medicinal products within the possession or control of the relevant person as the Authority considers necessary for the purpose of the management of the availability of medicinal products in the State, including— (a) the monitoring of the current and future supply of medicinal products, and (b) the identification and management of medicinal product shortages.
PART 4
Amendment of Pharmacy Act 2007 Amendment of Pharmacy Act 2007 11. The Pharmacy Act 2007 is amended— (a) in section 7(1)— (i) by the substitution of the following paragraph for paragraph (a): “(a) to regulate the profession of pharmacy in the State, including prescribing by pharmacists, having regard to the need to protect, maintain and promote the health and safety of the public,”, and (ii) in paragraph (d), by the insertion of “in relation to prescribing and” after “including”, (b) in section 11— (i) by the insertion of the following subsections after subsection (3): “(3A) The Council shall make rules specifying the education and training which a registered pharmacist must receive to enable him or her to prescribe medicinal products in accordance with regulations made under section 32
PART 5
Amendment of Health (Pricing and Supply of Medical Goods) Act 2013 Amendment of Health (Pricing and Supply of Medical Goods) Act 2013 12. The Health (Pricing and Supply of Medical Goods) Act 2013 is amended in section 2— (a) in the definition of “prescriber”, by the substitution of “(a), (b), (c) or (d)” for “(a), (b) or (c)”, and (b) in the definition of “prescription”— (i) in paragraph (b)(iii), by the substitution of “order,” for “order, or”, (ii) in paragraph (c), by the substitution of “ Nurses and Midwives Act 2011 , or” for “ Nurses and Midwives Act 2011 ;”, and (iii) by the insertion of the following paragraph after paragraph (c): “(d) a registered pharmacist who is for the time being registered in the register of pharmacists established under section 13
PART 6
Amendment of Patient Safety (Notifiable Incidents and open Disclosure) Act 2023 Amendment of Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 13. The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 is amended— (a) in section 19(7), by the substitution of “the patient or the relevant person (or both of them) may” for “the patient may”, and (b) in section 50(7), by the substitution of “the patient or the relevant person (or both of them) may” for “the patient may”.
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