Health and Social Care Professionals Act 2005

PART 1 Preliminary Matters

1. Short title.

1.—This Act may be cited as the Health and Social Care Professionals Act 2005.

2. Commencement.

2.—(1) This Act comes into operation on the day that the Minister may, by order, appoint.

(2) Different days may be appointed under this section, by one or more than one order, for different purposes or different provisions of this Act.

3. Interpretation.

3.—(1) In this Act, except where the context otherwise requires—

F1[“Act of 1956”means theOpticians Act 1956;]

F1[“afocal goggles”or”afocal sunglasses”means goggles or sunglasses containing lenses with no optical power;]

“bye-law” means a bye-law made by a registration board under section 31;

F6["condition" includes a restriction;]

F1[“contact lenses”includes any device, designed to be worn in contact with the ocular surface, for the correction of vision, for the provision of a decorative or cosmetic effect, for a therapeutic purpose, or for any other reason, and regardless of the optical properties or the absence of optical properties of the device;]

“Council” means the Health and Social Care Professionals Council established under section 6;

“Court” means the High Court;

“designated profession” means a health or social care profession that—

(a) is designated in section 4(1), or

(b) is designated by regulation under section 4(2);

F2["Directive 2005/36/EC" has the meaning assigned to“Directive”in Regulation 3(1) of the Professional Qualifications Regulations;]

“establishment day” means—

(a) in relation to the Council, the day appointed under section 6(3) for its establishment, and

(b) in relation to a registration board, the day appointed under section 26(3) for its establishment;

“fee” means a fee set by the Council from time to time under section 18;

“functions” includes duties and responsibilities;

F6["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 or former capacity as a member of a relevant profession;]

“health or social care profession” has the meaning given by section 4(3);

F6["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) 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, or

(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;]

“Minister” means the Minister for Health and Children;

F1[“new name”, in relation to a registration board referred to insection 26(1), means the most recent name (if any) that the board has been given pursuant to regulations undersection 4;]

F3[“professional qualification”, in relation to registration of a person in a designated profession, means a document, other than a document referred to in the definition of "qualification" in this section, that attests to the person’s having achieved a standard of proficiency in that profession, whether or not that standard was achieved in part through practical experience in that profession;]

F4["Professional Qualifications Regulations" means the European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017);]

F3[“qualification”, in relation to registration of a person in a designated profession, means a document that attests to the person’s having achieved the standard of proficiency required for registration in that profession, and that—

(a) in the case of registration sought underF5[section 38(2)(a)], has been approved by bye-law of the registration board of the profession concerned,

(b) in the case of registration sought undersection 91(1), is listed in the third column ofSchedule 3opposite the profession concerned, or

(c) in the case of registration sought undersection 91(5), has been prescribed by regulations made by the Minister undersection 95;]

F1[“ready-made reading spectacles”means spectacles that have 2 single vision lenses each of which has the same positive spherical power not exceeding 4 dioptres and the purpose of which is to relieve the condition known as presbyopia;]

“register” means a register established and maintained under section 36;

“registrant”, in relation to a designated profession, means an individual whose name is entered in the register of members of that profession;

“registration board” means a board established under section 26 or established by regulation under section 4;

F1[“relevant day”means the day on whichsection 2of the Health (Miscellaneous Provisions) Act 2014 is commenced;]

F1[“relevant medical disability”, in relation to a person seeking registration as a member of a designated profession, or who is a registrant of that profession, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair his or her ability to practise that profession or a particular aspect thereof;]

F6["relevant profession" means any of the following professions:

(a) dentist;

(b) a designated profession;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;]

F6["restriction" includes a condition;]

“rule” means a rule made by the Council under section 22;

F1[”spectacles”includes—

(a) contact lenses,

(b) pince-nez, and

(c) monocles,

but does not include—

(i) afocal goggles or similar articles,

(ii) afocal sunglasses or similar articles, or

(iii) ready-made reading spectacles;]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) In this Act “material interest” is to be construed in accordance with section 2(3) of the Ethics in Public Office Act 1995.

(3) Unless the context otherwise requires, any reference in this Act to a register includes a division of the register and “registered” and “registration” are to be construed accordingly.

F6[(3A) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by a registration board of its functions under the Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.]

(4) In this Act—

(a) a reference to a section, Part or Schedule is to a section or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act, unless the context otherwise requires.

4. Designated professions.

4.—(1) For the purposes of this Act, the following health or social care professions are designated:

(a) clinical biochemist;

(b) dietitian;

F7[(ba) dispensing optician;]

(c) medical scientist;

(d) occupational therapist;

F7[(da) optometrist;]

(e) orthoptist;

(f) physiotherapist;

(g) podiatrist;

(h) psychologist;

(i) radiographer;

(j) social care worker;

(k) social worker;

(l) speech and language therapist.

(2) After consulting the Council, the Minister may, by regulation, designate for the purposes of this Act any health or social care profession not already designated under subsection (1), but only if—

(a) the fitness of the members to practise their profession is not regulated by or under another Act of the Oireachtas,

(b) the Minister has given interested persons, organisations and other bodies an opportunity to make representations to him or her concerning the proposed designation,

(c) the Minister considers that it is appropriate and in the public interest that the profession be designated under this Act, and

(d) the steps in subsection (8) have been taken.

(3) A health or social care profession is any profession in which a person exercises skill or judgment relating to any of the following health or social care activities:

(a) the preservation or improvement of the health or wellbeing of others;

(b) the diagnosis, treatment or care of those who are injured, sick, disabled or infirm;

(c) the resolution, through guidance, counselling or otherwise, of personal, social or psychological problems;

(d) the care of those in need of protection, guidance or support.

(4) In considering for the purposes of subsection (2)(c) whether it is appropriate and in the public interest that a health or social care profession be designated under this Act, the Minister shall have regard to the following factors:

(a) the extent to which the profession has a defined scope of practice and applies a distinct body of knowledge;

(b) the extent to which the profession has established itself, including whether there is at least one professional body representing a significant proportion of the profession's practitioners;

(c) the existence of defined routes of entry into the profession and of independently assessed entry qualifications;

(d) the profession's commitment to continuing professional development;

(e) the degree of risk to the health, safety or welfare of the public from incompetent, unethical or impaired practice of the profession;

(f) any other factor that the Minister considers relevant.

F8[(5) Regulations under this section shall, in relation to a profession designated in the regulations, either—

(a) (i) subject tosubsection (5A), include provision for the establishment of a registration board for that profession, and

(ii) specify the name by which the registration board is to be known,

or

(b) specify—

(i) the name (or, if applicable, the new name) of the registration board referred to insection 26(1)that shall be the registration board for that profession, and

(ii) that, in order to take account of the fact referred to insubparagraph (i), from the date on which the first appointment undersection 28A(4)or(5), as the case may be, takes effect, the registration board referred to in that subparagraph—

(I) is to cease to be known by the name (or, if applicable, the new name) it had immediately before that date, and

(II) shall be known by the new name specified for it in the regulations.

(5A) Regulations under this section may establish one registration board for 2 or more professions designated in the regulations.]

(6) Regulations under this section may prescribe a title to be used by registrants of each profession designated by the regulations and, for that purpose, may also prescribe one or more than one variant of the prescribed title.

(7) Regulations under this section may also vary, as the Minister considers necessary or expedient in view of the increase in the number of designated professions F7[(whether effected by virtue of an amendment tosubsection (1)or by regulations under this section)]—

(a) the total number of persons to be appointed as ordinary members of the Council under section 9(3)(b), and

(b) the number of them to be appointed to represent the management of a sector, organisation or body, or to represent an establishment or interest, referred to in any subparagraph of that section.

(8) Regulations may be made under this section only if—

(a) a draft of the proposed regulation has been laid before the Houses of the Oireachtas, and

(b) a resolution approving the draft has been passed by each House.

5. Expenses of administering this Act.

5.—Any expenses incurred by the Minister in administering this Act are, to such extent as may be sanctioned by the Minister for Finance, payable out of money provided by the Oireachtas.

PART 2 Health and Social Care Professionals Council

6. Establishment of Council.

6.—(1) On the establishment day, a body to be known as An Chomhairle um Ghairmithe Sláinte agus Cúraim Shóisialaigh or in the English language as the Health and Social Care Professionals Council is established to perform the functions and exercise the powers assigned to it by this Act.

(2) The Council is a body corporate with perpetual succession and a common seal and it may—

(a) sue and be sued in its corporate name,

(b) acquire, hold and dispose of land or an interest in land, and

(c) acquire, hold and dispose of any other property.

(3) The Minister may, by order, appoint a day as the establishment day of the Council.

(4) Subject to this Act, the Council may regulate its own procedure and the procedure of each registration board.

(5) Schedule 1 applies to the Council.

7. Object of Council.

7.—The Object of the Council is to protect the public by promoting high standards of professional conduct and professional education, training and competence among registrants of the designated professions.

8. Functions and powers of Council.

8.—(1) The Council shall do all things necessary and reasonable to further its object and shall exercise its powers and perform its functions in the public interest.

(2) Without limiting the Council's responsibilities under subsection (1), its functions are to—

(a) oversee and co-ordinate the activities of registration boards,

(b) provide administrative support and secretarial assistance to registration boards and their committees,

(c) receive applications and make decisions under Part 4 concerning the refusal of registration boards to grant or restore registration,

(d) enforce standards of practice for registrants of the designated professions, including the codes of professional conduct and ethics adopted by their registration boards,

(e) establish committees of inquiry into complaints under Part 6 against registrants of the designated professions,

(f) make decisions and give directions under Part 6 relating to the imposition of disciplinary sanctions on registrants of the designated professions,

(g) advise the Minister, either on its own initiative or at the Minister's request, on all matters relating to the Council's functions under this Act,

(h) encourage registration boards to collaborate with each other, where practicable, including in the professional education and training of registrants,

(i) issue assessment guidelines for the purposes of section 91, and

(j) perform any function that may be assigned by the Minister to the Council and that relates to—

(i) the registrants of any designated profession, their education and training and the practice of the profession, or

(ii) the implementation of any directive or regulation of the Council of the European Union concerning the practice of, and persons engaged in, health care or social care.

(3) The Council has power to do anything that appears to it to be requisite, advantageous or incidental to, or to facilitate, the performance of its functions under this Act.

9. Membership of Council.

9.—(1) The Council is to consist of a chairperson and ordinary members, all of whom are to be appointed by the Minister in accordance with this section.

(2) A registrant is not eligible to be appointed chairperson of the Council.

(3) The following are to be appointed as ordinary members:

(a) for each designated profession, one person F10[(referred to in this Act as a "professional member")] who, subject to subsections (6) and (7)—

(i) is an elected member of the registration board of the designated profession concerned, and

(ii) is nominated by that board for appointment to the Council;

(b) 9 persons of whom—

(i) one is representative of the management of the public health sector, the public social care sector or both sectors,

(ii) one is representative of the management of a voluntary or private sector organisation concerned with health or social care,

(iii) one is representative of third level educational establishments involved in the education and training of persons with respect to the practice of the designated professions and is nominated by the Minister for Education and Science, and

(iv) 6 are representative of the interest of the general public and are appointed with the consent of the Minister for Enterprise, Trade and Employment;

(c) 3 persons who have such qualifications, interests and experience as, in the opinion of the Minister, would be of value to the Council in performing its functions.

(4) Before appointing a chairperson under subsection (1) or an ordinary member under subsection (3)(b)(i) or (ii) or (c) or subsection (6), the Minister shall consult with any organisations that he or she considers appropriate.

(5) Persons appointed to represent the interests of the general public may include members of advocacy groups and users of services provided by the designated professions.

F11[(6) The Minister shall, in the circumstances described insubsection (7), appoint as a professional member for a designated profession, instead of a person who meets the criteria insubsection (3)(a), a person who is engaged—

(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.