Health and Social Care Professionals (Amendment) Act 2012
In short
This law amends the Health and Social Care Professionals Act 2005, primarily concerning the membership of the Health and Social Care Professionals Council and the recognition of professional qualifications obtained outside of Ireland.
What it regulates
- Membership of the Health and Social Care Professionals Council.
- Recognition of professional qualifications obtained outside the State.
- Implementation of certain provisions of Directive 2005/36/EC regarding professional qualifications.
- Functions of registration boards concerning the approval of qualifications.
Who it concerns
- Health and social care professionals.
- Persons seeking registration in a designated profession, especially those with qualifications obtained outside Ireland.
Key points
- The Act defines "professional qualification" and "qualification" for registration purposes.
- It specifies how professional members are appointed to the Council, especially when a registration board has not been established or has not conducted an election.
- Registration boards are designated as the competent authority for their respective professions under Directive 2005/36/EC.
- Registration boards must assess professional qualifications in accordance with specified procedures.
- Bye-laws can set criteria for professionals resuming practice after a break, including periods not less than 500 hours nor more than 4,000 hours for registration under section 91.
Legal text
Health and Social Care Professionals (Amendment) Act 2012 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.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2012 Health and Social Care Professionals (Amendment) Act 2012 Health and Social Care Professionals (Amendment) Act 2012 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 46 of 2012 HEALTH AND SOCIAL CARE PROFESSIONALS (AMENDMENT) ACT 2012 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Amendment of section 3 of Principal Act. 3. Amendment of section 9 of Principal Act. 4. Amendment of section 10 of Principal Act. 5. Amendment of Principal Act — insertion of section 27A (functions of registration boards: approval of qualifications, etc.). 6. Amendment of section 31 of Principal Act. 7. Amendment of section 38 of Principal Act. 8. Amendment of section 42 of Principal Act. 9. Amendment of Principal Act — insertion of sections 42A (performance of functions under section 27A) and 42B (right to apply to Council in relation to performance of functions under section 27A). 10. Amendment of section 44 of Principal Act. 11. Amendment of section 59 of Principal Act. 12. Amendment of section 79 of Principal Act. 13. Amendment of section 80 of Principal Act. 14. Amendment of section 90 of Principal Act. 15. Amendment of section 91 of Principal Act. 16. Amendment of Principal Act — insertion of section 91A (use of professional titles). 17. Amendment of Schedule 1 to Principal Act. 18. Amendment of Schedule 2 to Principal Act. 19. Amendment of Schedule 3 to Principal Act. 20. Short title and commencement. Act Referred to Health and Social Care Professionals Act 2005 2005, No. 27 Number 46 of 2012 HEALTH AND SOCIAL CARE PROFESSIONALS (AMENDMENT) ACT 2012 AN ACT TO AMEND THE HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005 IN RELATION TO MEMBERSHIP OF THE HEALTH AND SOCIAL CARE PROFESSIONALS COUNCIL, IN RELATION TO THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS OBTAINED OUTSIDE THE STATE, INCLUDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND THE COUNCIL OF 7 SEPTEMBER 2005 1 ON THE RECOGNITION OF PROFESSIONAL QUALIFICATIONS, AND TO PROVIDE FOR RELATED MATTERS. [26th December, 2012] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.— In this Act “Principal Act” means the Health and Social Care Professionals Act 2005 . Amendment of section 3 of Principal Act. 2.— Section 3
- a)in the practice of that profession, (
- b)in the education or training of persons with respect to the practice of that profession, or (
- c)as a member of that profession, in the management of services provided by that profession.
- a)the initial appointment of a professional member to the Council as a result of a health or social care profession being designated by regulation; or (
- b)an appointment of a professional member to the Council when the term of a professional member expires and the registration board of the designated profession in the practice of which those professional members are engaged— (
- i)has not been established, or (
- ii)has been established but has not conducted an election for members of that registration board in accordance with section 28
- a)act as the competent authority for the purposes of all matters referred to in Directive 2005/36/EC which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of persons engaged in the designated profession concerned, and (
- b)assess, for the purposes of section 38
- a)by substituting the following for paragraph (e): “(
- e)procedures for the assessment of professional qualifications, training, experience, aptitude tests or adaptation periods for the purposes of sections 38
- b)by inserting the following paragraph after paragraph (f): “(
- fa)criteria or conditions, including criteria or conditions as to further education, training or experience, for persons who wish to resume the practice of that profession after not having practised the profession for a period specified in the bye-laws, including criteria or conditions relating to— (
- i)the education and training of those persons, (
- ii)the manner of verifying that those persons possess the relevant competencies, or (iii) any other matter where, in the opinion of the registration board concerned, the specification in bye-laws of criteria or conditions relating to that matter is necessary or desirable for the protection of the public;”, (
- c)in paragraph (
- g)by inserting “other than where paragraph (
- fa)applies” after “profession”, and (
- d)by inserting the following paragraph after paragraph (i): “(
- ia)the practice of the designated profession, and the period that the registration board considers to be sufficient in the public interest, and that is not less than 500 hours nor more than 4,000 hours, during which that practice is to be engaged in, for persons to be registered under section 91;”. Amendment of section 38 of Principal Act. 7.— Section 38 of the Principal Act is amended— (
- a)in subsection
- fa)and the person has not practised the profession for a period specified in the bye-law, satisfies the board that he or she has met the criteria and fulfilled the conditions specified in that bye-law,”, (
- b)in subsection
- a)the person has been awarded a qualification in the State, (
- b)the person is a person to whom Directive 2005/36/EC applies and whose professional qualification in that profession is recognised in the State in accordance with that Directive, or (
- c)the person is a person other than a person referred to in paragraph (
- a)or (b), who is eligible to practise that profession in a state other than a state in relation to which Directive 2005/36/EC applies and who— (
- i)holds a professional qualification in that profession that the registration board concerned decides is one that attests to a standard of proficiency corresponding to the standard attested to by the relevant qualification referred to in paragraph (a), or (
- ii)holds a professional qualification that is one that the registration board concerned decides is not a professional qualification that attests to such a standard of proficiency, but is the subject of a decision of the registration board that he or she successfully completed, in the State, the aptitude test or adaptation period that the registration board has required of the person.”, and (
- d)by substituting the following for subsection
- a)subject to paragraph (b), of a registrant in relation to that profession, or (
- b)in the case of an adaptation period that takes place during the transitional period, within the meaning of section 90, in relation to that profession, of a registrant in relation to that profession or another person who is practising that profession in the State; ‘aptitude test’, in relation to registration of a person in a designated profession, means a test (which may include assessment of the knowledge of the professional rules applicable to that profession in the State, and other subjects) to assess the professional knowledge of the person that— (
- a)is essential in order for a person to practise the profession in the State, and (
- b)in the opinion of the registration board concerned, was not required in order for the person to obtain his or her professional qualification.”. Amendment of section 42 of Principal Act. 8.— Section 42
- a)or (b), not later than on the expiry of the one month period that begins when the application is submitted, and include in that acknowledgement— (
- i)a statement as to whether all documents required for that assessment have been submitted, or (
- ii)a list of one or more than one further document required to be submitted before the assessment may be undertaken. (
- b)If one or more than one further document is submitted in compliance with paragraph (a)(
- ii)(or otherwise), the registration board shall acknowledge receipt in writing of that further document or those further documents not later than on the expiry of the one month period that begins with that submission, and subparagraphs (
- i)and (
- ii)of paragraph (
- a)shall apply to acknowledgements under this paragraph, with all necessary modifications.
- a)or (b), where that decision was a decision— (
- a)not to recognise a professional qualification referred to in section 38
- a)to acknowledge receipt of an application made by the person, within such period as the Council may specify, where— (
- i)the board has not acknowledged receipt of that application before the expiry of the period within which it was required to do so under section 42A
- b)before the expiry of the period within which it was required to do so under that section, or (
- b)to notify the person of a decision, within such period as the Council may specify, where the board has not notified that person of that decision before the expiry of the period within which it was required to do so under section 42A
- i)if satisfied that the registration board’s decision was properly made, confirm that decision, or (
- ii)if not so satisfied, cancel that decision and do one of the following: (I) direct the registration board to recognise the professional qualifications of the person; (II) direct the registration board to make a new decision; (III) give such other directions to the registration board as the Council considers appropriate, or (
- b)if the application is an application under subsection
- a)the person is entitled by virtue of this section to use that title, or (
- b)the person is a service provider who is pursuing, on a temporary and occasional basis, the profession concerned and his or her professional qualifications have been assessed within the meaning of Article 7.4 of Directive 2005/36/EC.”. Amendment of section 80 of Principal Act. 13.— The following is substituted for section 80
- a)in the definition of “corresponding qualification”, by substituting “means a professional qualification that”, for “means a qualification that has been awarded in another member state and that”, (
- b)by deleting the definitions of “directive”, “member state” and “relevant measure”, and (
- c)by inserting the following definitions: “ ‘directive’ means a directive adopted by an institution of the European Communities or the European Union for the recognition of professional education and training; ‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol done at Brussels on 17 March 1993; ‘relevant measure’ means— (
- a)a measure or decision taken by the Joint Committee under the EEA Agreement having an effect corresponding to that of a directive, and (
- b)a measure that is in force by virtue of the Agreement between the European Community and the Swiss Confederation on the Free Movement of Persons, done at Luxembourg on 21 June 1999;”. Amendment of section 91 of Principal Act. 15.—
- i)by substituting “during the period of 5 years ending on the relevant date, was engaged in the State in the practice of the designated profession, within the meaning, where the registration board concerned has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such period) of not less than 2 years or such other period as may be specified in those bye-laws” for “at any time during the period of 5 years ending on the relevant date, was engaged in the practice of that profession”, and (
- ii)by substituting the following for paragraph (c)(i)(II): “(II) a professional qualification that, in the opinion of the board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification listed opposite the profession in the third column of that Schedule,”, and (
- b)in subsection
- i)by substituting “during the period of 5 years ending on the relevant date, was engaged in the State in the practice of the designated profession, within the meaning, where the board has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such a period) of not less than 2 years or such other period as may be specified in those bye-laws” for “any time during the period of 5 years ending on the relevant date, was engaged in the practice of the designated profession”, and (
- ii)by substituting the following for paragraph (c)(i)(II): “(II) a professional qualification that, in the opinion of the board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification prescribed under section 95 for that profession,”.
- b)where an application is made under section 91, during any period after the end of the transitional period concerned during which— (
- i)the application is being determined, or (
- ii)by virtue of section 91
- a)the Council shall notify the Minister as soon as practicable, and (
- b)the Minister, after consulting any body or organisation that he or she considers appropriate, shall, within 8 weeks after being notified of that vacancy, appoint a person to fill the vacancy.