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Health and Social Care Professionals (Amendment) Act 2019

In short

This law amends the Health and Social Care Professionals Act 2005 to update how certain professional qualifications are recognized for health and social care professionals. It specifically addresses the approval of qualifications under section 38 of the Principal Act.

What it regulates

  • The recognition of professional qualifications for health and social care professionals.
  • The criteria for a registration board to decide on the standard of proficiency of a professional qualification.
  • The acceptance of documents as proof of recognition for certain professional qualifications.
  • The listing of specific designated professions and the relevant persons who recognize their qualifications.

Who it concerns

  • Individuals holding professional qualifications in health and social care professions.
  • Registration boards responsible for assessing professional qualifications.

Key points

  • A professional qualification may be recognized even if a registration board initially deems it not to meet a certain standard, provided the person successfully completes an aptitude test or adaptation period in the State.
  • The law introduces the concept of a "relevant professional qualification" for "relevant designated professions," which are listed in a new Schedule 4.
  • Proof of recognition for a "relevant professional qualification" is generally accepted unless there is evidence to the contrary.
  • For dispensing opticians and optometrists, recognition of qualifications must have occurred before 31 October 2015, or an assessment for recognition must have started before that date. For other relevant designated professions, this date is either before the register for that profession was established or an assessment started before that establishment date.
Legal text
Legal text

Health and Social Care Professionals (Amendment) Act 2019 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.

  1. 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.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2019 Health and Social Care Professionals (Amendment) Act 2019 Health and Social Care Professionals (Amendment) Act 2019 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 16 of 2019 HEALTH AND SOCIAL CARE PROFESSIONALS (AMENDMENT) ACT 2019 CONTENTS 1. Definition 2. Amendment of section 3 of Principal Act 3. Amendment of section 38 of Principal Act 4. Insertion of additional Schedule to Principal Act 5. Short title Acts Referred to Health Act 2004 (No. 42) Health and Social Care Professionals Act 2005 (No. 27) Number 16 of 2019 HEALTH AND SOCIAL CARE PROFESSIONALS (AMENDMENT) ACT 2019 An Act to amend the Health and Social Care Professionals Act 2005 to provide for the recognition of certain professional qualifications as approved qualifications within the meaning of section 38 of that Act; and to provide for related matters. [4th June, 2019] Be it enacted by the Oireachtas as follows: Definition 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 of the Principal Act is amended, in subsection

(1), in the definition of “qualification”, in paragraph (a), by the substitution of “section 38
(2)(a)” for “section 38”. Amendment of section 38 of Principal Act 3. Section 38 of the Principal Act is amended— (a) in subsection
(2)— (
  1. i)in paragraph (c), by the substitution of the following subparagraph for subparagraph (ii): “(
  2. 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,”, (
  3. ii)in paragraph (d)(ii)(II), by the substitution of “that profession, or” for “that profession.”, and (iii) by the insertion of the following paragraph after paragraph (d): “(
  4. e)in the case of a relevant designated profession, the person is a person, other than a person referred to in paragraph (a), (b), (
  5. c)or (d), who holds a relevant professional qualification in that profession.”, (
  6. b)by the insertion of the following subsection after subsection (2F): “(2G) A document that purports to be evidence of the recognition referred to in the definition of ‘relevant professional qualification’ shall, for the purposes of this Act and in the absence of evidence to the contrary, be taken to be proof of such recognition.”, and (
  7. c)in subsection
(4), by the insertion of the following definitions: “ ‘relevant designated profession’ means a designated profession listed in the second column of Schedule 4; ‘relevant person’, in relation to a relevant designated profession, means the person listed opposite that profession in the third column of Schedule 4; ‘relevant professional qualification’, in relation to a relevant designated profession, means a professional qualification that was recognised by the relevant person— (
  1. a)as a professional qualification that attested to a standard of proficiency that rendered the holder thereof eligible for recruitment by the Health Service Executive (or any specified body within the meaning of section 56 of the Health Act 2004 ) in the profession to which that qualification relates, and (
  2. b)in the case of— (
  3. i)the relevant designated profession of dispensing optician or optometrist, either— (I) before 31 October 2015, or (II) on or after 31 October 2015 where an assessment for the purposes of such recognition was commenced by the relevant person before that date, and (
  4. ii)any other relevant designated profession, either— (I) before the date on which the register for the designated profession was established under section 36
(1), or (II) on or after the date referred to in clause (I) where an assessment for the purposes of such recognition was commenced by the relevant person before that date.”. Insertion of additional Schedule to Principal Act 4. The Principal Act is amended by the insertion of the following Schedule after Schedule 3: “Schedule 4 Section 38 Relevant Professional Qualification: Relevant Designated Profession and Relevant Person ITEM NO.
(1)RELEVANT DESIGNATED PROFESSION
(2)RELEVANT PERSON
(3)
  1. Clinical Biochemist Minister
  2. Dietitian Minister
  3. Dispensing Optician Opticians Board
  4. Medical Scientist Minister, Academy of Medical Laboratory Science or Academy of Clinical Science and Laboratory Medicine
  5. Occupational Therapist Minister
  6. Optometrist Opticians Board
  7. Orthoptist Minister
  8. Physiotherapist Minister or Irish Society of Chartered Physiotherapists
  9. Podiatrist Minister
  10. Psychologist Minister
  11. Radiographer Minister
  12. Radiation Therapist Minister
  13. Social Worker Minister, National Validation Body on Social Work Qualifications and Training or National Social Work Qualifications Board
  14. Speech and Language Therapist Minister ”. Short title
  15. This Act may be cited as the Health and Social Care Professionals (Amendment) Act
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