Regulated Professions (Health and Social Care) (Amendment) Act 2023

Regulated Professions (Health and Social Care) (Amendment) Act 2023 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 2023 Regulated Professions (Health and Social Care) (Amendment) Act 2023 Regulated Professions (Health and Social Care) (Amendment) Act 2023 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 14 of 2023 REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2023 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Amendment of Health and Social Care Professionals Act 2005

Section 3

Section 4

Section 5

PART 3

Amendment of Medical Practitioners Act 2007

Section 6

Section 7

Section 8

Section 9

PART 4

Amendment of Regulated Professions (Health and Social Care) (Amendment) Act 2020

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

PART 4

Report on developing framework to guide future decision making

Section 16

PART 1

Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Regulated Professions (Health and Social Care) (Amendment) Act 2023.

(2)

Section 6

shall come into operation on such day or days as the Minister for Health may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Definition 2. In this Act, “Act of 2007” means the Medical Practitioners Act 2007 .

PART 2

Amendment of Health and Social Care Professionals Act 2005 Definition (Part 2) 3. In this Part, “Act of 2005” means the Health and Social Care Professionals Act 2005 .

Amendment of section 91 of Act of 2005 4. Section 91 of the Act of 2005 is amended— (a) in subsection (1), by the substitution of “Subject to subsections (2) and (4A), the registration board of a designated profession” for “The registration board of a designated profession”, (b) by the substitution of the following subsection for subsection (2): “(2) The Social Care Workers Registration Board shall grant registration to a person who— (a) during the period of 5 years ending on the date on which he or she makes an application under section 37, was engaged in the State, a Member State or the United Kingdom in the practice of the profession of social care worker within the meaning, where the Social Care Workers Registration 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 period) of not less than 2 years or such other period as may be specified in those bye-laws, (b) applies during the transitional period to the Social Care Workers Registration Board for registration, (c) complies with section 37(2) and with any requirement imposed on, or request made to, the person under section 37(3) as applied by this section, (d) meets one or more of the following requirements: (i) the person holds a qualification listed opposite the profession of social care worker in the third column of Schedule 3 or a corresponding qualification; (ii) the person holds a professional qualification that, in the opinion of the Social Care Workers Registration Board, is sufficiently relevant to the profession of social care worker and attests to a standard of proficiency corresponding to a qualification listed opposite the profession in the third column of Schedule 3; (iii) the person successfully completes an assessment of professional competence set by the Social Care Workers Registration Board in accordance with any guidelines issued by the Council; (iv) subject to subsections (2A) and (3), the person’s employer or former employer attests, by written opinion, to the person’s having achieved the standard of proficiency required for the practice of the profession of social care worker, (e) satisfies the Social Care Workers Registration Board that the person is a fit and proper person to engage in the practice of the profession of social care worker, and (f) pays the required fee to the Council.”, (c) by the insertion of the following subsection after subsection (2): “(2A) Nothing in subsection (2)(d)(iv) shall be construed to prevent or restrict the Social Care Workers Registration Board from refusing to grant registration to a person where it is satisfied that it is in the public interest to do so having regard to the person’s proficiency in the profession of social care worker by reference to—

(a) the competence of the employer or former employer concerned to form an opinion, or (b) the duration of the employment relationship between the person and the employer or former employer concerned.”, (d) by the substitution of the following subsection for subsection (3): “(3) An opinion is not valid for the purpose of subsection (2)(d)(iv) unless the employer or former employer concerned has, in forming the opinion, adhered to any assessment guidelines issued by the Council for that purpose, including on— (a) an employer’s competence to form an opinion for the purpose of subsection (2)(d)(iv), and (b) the minimum duration of an employment relationship between the applicant and an employer required to form an opinion for the purpose of subsection (2)(d)(iv).”, (e) by the deletion of subsection (4), and (f) by the insertion of the following subsection after subsection (6): “(7) In this section— ‘Member State’ means— (a) a state, other than the State, which is a member of the European Union, (b) a state, other than a member of the European Union, 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 (c) Switzerland; ‘United Kingdom’ means— (a) the United Kingdom of Great Britain and Northern Ireland, (b) the Channel Islands, and (c) the Isle of Man.”.

Amendment of section 95 of Act of 2005 5. Section 95 of the Act of 2005 is amended— (a) in paragraph (b) of subsection (1), by the deletion of “for the purposes of and”, (b) by the insertion of the following subsection after subsection (3): “(3A) After consulting the registration board of a designated profession and any organisations that he or she considers appropriate, the Minister may, by regulation— (a) prescribe an additional qualification for the purposes of the third column of Schedule 3 that, in the opinion of the Minister, is sufficiently relevant to the corresponding profession listed in the second column of that Schedule and attests to a standard of proficiency corresponding to a qualification specified for that profession in the third column of that Schedule, and (b) vary a reference to a qualification specified in the third column of Schedule 3, where, in the opinion of the Minister, the reference to the qualification concerned is no longer accurate, due to— (i) a change in the title of the qualification concerned, (ii) a change in the name of the institution that awarded the qualification concerned, or (iii) a change in the period specified for the awarding of a specific qualification.”, (c) in subsection (4), by the substitution of “subsection (3) or (3A)” for “subsection (3)”, and (d) in subsection (7), by the substitution of “subsection (3) or (3A)” for “subsection (3)”.

PART 3

Amendment of Medical Practitioners Act 2007 Amendment of section 10 of Act of 2007 6. Section 10 of the Act of 2007 is amended, in subsection (2)— (a) by the substitution of the following paragraphs for paragraphs (d) and (e): “(d) the staff and former staff of the Council, (e) the persons who, before the commencement of section 6 of the Regulated Professions (Health and Social Care) (Amendment) Act 2023, had been previously appointed under section 58(1),”, and (b) by the insertion of the following paragraphs after paragraph (e): “(f) the persons with whom the Council has made an arrangement under section 7(5), (g) the authorised officers and former authorised officers, and (h) the persons appointed or formerly appointed under section 58(1)(b).”.

Amendment of section 49 of Act of 2007 7. Section 49 of the Act of 2007 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) The Council shall register in the Trainee Specialist Division a medical practitioner who has completed a course of study wholly or mainly in the State, a Member State or the United Kingdom, resulting in the award of a basic medical qualification and who intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for the purposes of intern training.”, and (b) by the substitution of the following subsection for subsection (6): “(6) In this section— ‘Member State’ means— (a) a state, other than the State, which is a member of the European Union, (b) a state, other than a member of the European Union, 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 (c) Switzerland; ‘relevant day’ means the date specified in the notice referred to in subsection (5) published in Iris Oifigiúil as the date on which the Council shall commence to grant certificates of experience; ‘United Kingdom’ means— (a) the United Kingdom of Great Britain and Northern Ireland, (b) the Channel Islands, and (c) the Isle of Man.”.

Amendment of section 80A of Act of 2007 8. Section 80A of the Act of 2007 is amended, in subsection (1), by the substitution of “subsection (2) or that subsection as modified in accordance with subsection (3)” for “subsection (1A) or (1B)”.

Amendment of section 80B of Act of 2007 9. Section 80B of the Act of 2007 is amended by the substitution of “subsection (2) or that subsection as modified in accordance with subsection (3) ” for “subsection (1A) or (1B)”.

PART 4

Amendment of Regulated Professions (Health and Social Care) (Amendment) Act 2020 Definition (Part 4) 10. In this Part, “Act of 2020” means the Regulated Professions (Health and Social Care) (Amendment) Act 2020 .

Amendment of section 78 of Act of 2020 11. (1) Section 78 of the Act of 2020 is amended, in subparagraph (xii) of paragraph (b)— (a) by the substitution of the following definition for the definition of “approved medical degree”: “‘approved medical degree’ means— (a) a degree awarded in consequence of the completion of a programme of medical education and training approved under section 88(2)(a)(i)(I), (b) a degree, diploma or other qualification recognised in accordance with section 88(7), or (c) a qualification that meets the requirements for recognition under section 36D(b);”, (b) by the substitution of the following definition for the definition of “authorised officer”: “‘authorised officer’ means a person appointed under section 58(1)(a);”, and (c) by the deletion of the definition of “Irish formal qualification”.

Amendment of section 81 of Act of 2020 12. (1) Section 81 of the Act of 2020 is amended, in paragraph (a), by the substitution of the following subparagraph for subparagraph (iv): “(iv) by— (I) the substitution of the following paragraphs for paragraphs (i) and (j): ‘(i) specification of the examinations for the purposes of subparagraph (i) of section 44B(1)(a), (j) the specification of the rules for the purposes of subparagraph (iv) of section 44B(1)(a),’, and (II) the insertion of the following paragraph after paragraph (i): ‘(ia) the specification of the grounds for the purposes of subparagraph (ii) of section 44B(1)(a),’”.

Amendment of section 88 of Act of 2020 13. (1) Section 88 of the Act of 2020, insofar as that section relates to the insertion of section 36D of the Act of 2007, is amended— (a) by the renumbering of the said section 36D as subsection (1) of that section, (b) by the substitution of the following paragraph for paragraph (a) of the said section 36D: “(a) has been awarded a degree in consequence of the completion, wholly or mainly in the State, of a programme of medical education and training approved under section 88(2)(a)(i)(I),”, (c) in paragraph (b) of the said section 36D— (i) by the substitution of the following subparagraph for subparagraph (i): “(i) arising from a course of study completed wholly or mainly in a Member State, and”, and (ii) in subparagraph (ii), by the substitution of “certificate of experience, or” for “certificate of experience.”, (d) by the insertion of the following paragraph after paragraph (b) of the said section 36D: “(c) has been awarded a medical degree— (i) completed wholly or mainly in the United Kingdom, and (ii) which meets the relevant criteria set for assessing applications by persons for entry in the register of interns specified in rules made under section 11.”, and (e) by the insertion of the following subsection after subsection (1), renumbered under subsection (1), of said section 36D: “(2) In this section, ‘United Kingdom’ means— (a) the United Kingdom of Great Britain and Northern Ireland, (b) the Channel Islands, and (c) the Isle of Man.”.

Amendment of section 96 of Act of 2020 14. (1) Section 96 of the Act of 2020, insofar as that section relates to the insertion of section 44B of the Act of 2007, is amended by the substitution of the following subsection for subsection (1) of the said section 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 approved medical degree and— (i) has passed an examination specified in rules made under section 11 for the purposes of this subparagraph, (ii) is exempted from subparagraph (i) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this subparagraph, for such an exemption, (iii) has been granted a certificate of experience, or (iv) subject to rules made under section 11 for the purposes of this subparagraph, has been granted a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience, or (b) has evidence of a formal qualification in basic medical training completed in a Member State and specified in point 5.1.1 of Annex V to Directive 2005/36/EC.”.

Amendment of section 110 of Act of 2020 15. (1) Section 110 of the Act of 2020 is amended— (a) by the substitution of the following paragraph for paragraph (a): “(a) by the substitution of the following subsections for subsections (1) and (2): ‘(1) The chief executive officer may appoint— (a) such and so many persons (including any members of the staff of the Council) 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, and (b) such other persons as he or she deems appropriate to provide the chief executive officer, the authorised officers or the Preliminary Proceedings Committee with such advice, assistance or expertise as may be required in relation to the consideration or investigation of complaints for such period and subject to such terms as the chief executive officer may determine.

PART 5

Report on developing framework to guide future decision making Report on developing framework to guide future decision making 16. The Minister shall, not later than 6 months after the commencement of this section, prepare a report in writing on the progress made in developing a framework to guide future decision making on the regulation of health and social care professions, and shall cause copies of the report to be laid before each House of the Oireachtas.

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