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

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Regulated Professions (Health and Social Care)(Amendment) Act 2020.

(2) This Act 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 and different provisions.

2. Repeals

2. (1) Sections 27 and 30 of the Dentists Act 1985 are repealed.

(2) Section 65 of the Health and Social Care Professionals Act 2005 is repealed.

(3) Section 49 of the Medical Practitioners Act 2007 is repealed.

PART 2 Amendment of Dentists Act 1985

3. Definition

3. In this Part, “Act of 1985” means the Dentists Act 1985.

4. Amendment of section 2 of Act of 1985

4. Section 2 of the Act of 1985 is amended—

(a) by renumbering the existing section as subsection (1),

(b) in subsection (1), by the insertion of the following definitions:

“ ‘appropriate fee’, in relation to a provision of this Act, means the fee (if any) determined under section 25 that is appropriate for the purposes of that provision;

‘condition’ includes a restriction;

‘Council website’ means an internet website of the Council (including part of such a website)—

(a) to which access is readily available by members of the public, and

(b) where anything published on the website is readily available for inspection by members of the public;

‘dental practitioner qualification’ shall be construed in accordance with section 26B;

‘dental specialist qualification’ shall be construed in accordance with section 26C;

‘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;

‘relevant profession’ means any of the following professions:

(a) dentist;

(b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;

‘restriction’ includes a condition;

‘rules’ means rules made under section 25A or deemed by subsection (7) of that section to be made thereunder;”,

and

(c) by the insertion of the following subsection after subsection (1):

“(2) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.

5. Amendment of section 13 of Act of 1985

5. Section 13 of the Act of 1985 is amended, in subsection (7)(b), by the insertion of “under section 25A” after “made by the Council”.

6. Amendment of section 25 of Act of 1985

6. Section 25 of the Act of 1985 is amended by the insertion of the following paragraphs after paragraph (a):

“(aa) the recognition of a qualification (other than a professional qualification referred to in paragraph (ab)) held by a person,

(ab) subject to Regulation 90(2) of the Regulations of 2017, the recognition under those Regulations of a professional qualification (within the meaning of Regulation 3 of those Regulations) as a dental practitioner or dental specialist,”.

7. Council’s power to make rules

7. The Act of 1985 is amended, in Part II, by the insertion of the following section after section 25:

“25A. (1) Subject to subsection (3), the Council may make rules—

(a) in accordance with which an election referred to in section 13(7)(b) shall be conducted,

(b) specifying courses of training and examinations for the purposes of section 26B, or

(c) setting criteria to be complied with by persons who wish to—

(i) resume practising dentistry after not having practised dentistry for a period specified in the rules, or

(ii) commence practising dentistry after not having practised dentistry previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in dentistry pursuant to which they wish to practise dentistry.

(2) Criteria to be complied with by persons referred to in subsection (1)(c) may include criteria in relation to—

(a) the education or training of those persons,

(b) the manner of verifying that those persons possess the relevant competencies, or

(c) any other matter where, in the opinion of the Council, the specification in rules made under this section of criteria in relation to that matter is necessary or desirable for the protection of the public.

(3) The Council shall ensure that a draft of any rule (including a rule revoking or amending any other rule) that it proposes to make under this section is given to the Minister.

(4) Subject to subsection (5), the Council, after considering the comments (if any) on a draft of a rule made by the Minister before the expiration of 30 days after the date on which the draft was given to the Minister, may—

(a) make the rule in the form of the draft as published or with such changes as the Council determines, or

(b) decide not to make the rule.

(5) The Council shall ensure that, as soon as is practicable after a rule is made under this section, the rule—

(a) is submitted for approval by the Minister, and

(b) if approved by the Minister, is published in the prescribed manner and is submitted to the Minister for laying before each House of the Oireachtas.

(6) Every rule approved under subsection (5) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule is passed by either such House within the next 21 days on which that House sits after that rule is laid before it, the rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) Rules referred to in section 13(7)(b) or 27(2)(d) and in force immediately before the commencement of section 7 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 shall, on the commencement of such section 7, be deemed to be rules made under this section and, accordingly, be liable to be amended or revoked by rules made under this section.

(8) In this section, ‘published in the prescribed manner’, in relation to any rule, means the rule—

(a) is published on the Council website, and

(b) is available for inspection, at the offices of the Council and at all reasonable times, by members of the public.”.

8. Amendment of Act of 1985 - insertion of sections 26A to 26F

8. The Act of 1985 is amended by the insertion of the following sections after section 26:

“Recognition of qualification held by person

26A. (1) A person may make an application to the Council, accompanied by the appropriate fee—

(a) for the recognition of a qualification, held by that person, as a dental practitioner qualification, or

(b) for the recognition of a qualification, held by that person, as a dental specialist qualification.

(2) The Council shall recognise the qualification, the subject of an application under subsection (1)(a), as a dental practitioner qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 26B.

(3) The Council shall recognise the qualification, the subject of an application under subsection (1)(b), as a dental specialist qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 26C.

(4) The Council may, by notice in writing given to a person who has made an application under subsection (1), request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.

Recognition of qualification for register

26B. (1) Subject to subsection (2), a qualification (in this Act referred to as a ‘dental practitioner qualification’) held by a person meets the requirements for recognition as a qualification for registering the person in the register if the person—

(a) was, immediately before the establishment of the register, entitled to be registered in accordance with the Dentists Act 1928 but was not so registered,

(b) has been awarded a primary qualification in dentistry specified in the Second Schedule,

(c) has a qualification as a dental practitioner recognised under the Regulations of 2017,

(d) has a qualification in dentistry from a state other than the State and has passed an examination specified in rules made for the purposes of this paragraph, or

(e) has a qualification in dentistry from a state other than the State and is exempted from paragraph (d) by virtue of falling within a ground, specified in rules made for the purposes of this paragraph, for such exemption.

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a professional qualification as a dental practitioner recognised—

(a) in accordance with Regulation 10 or 21 of the Regulations of 2017,

(b) under Regulation 39 of the Regulations of 2017, or

(c) under Part 14 of the Regulations of 2017,

is a dental practitioner qualification for the purposes of this Act.

Recognition of qualification for Register of Dental Specialists

26C. (1) Subject to subsection (2), a qualification (in this Act referred to as a ‘dental specialist qualification’) held by a person meets the requirements for recognition as a qualification for registering the person in the Register of Dental Specialists if—

(a) the specialty to which the qualification relates is a specialty recognised by the Council under section 37(1), and

(b) either—

(i) the person—

(I) has, in the opinion of the Council, before the establishment of the Register of Dental Specialists, completed his or her training in that specialty,

(II) has been granted evidence of the satisfactory completion of specialist training by a body recognised by the Council under section 37(3), or

(III) satisfies the Council that he or she has completed a programme of training in specialised dentistry of a standard considered by the Council to be adequate,

or

(ii) the qualification is a professional qualification as a specialised dental practitioner recognised under the Regulations of 2017.

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification as a specialised dental practitioner recognised—

(a) in accordance with Regulation 10 or 21 of the Regulations of 2017,

(b) under Regulation 39(2) of the Regulations of 2017, or

(c) under Part 14 of the Regulations of 2017,

is a dental specialist qualification for the purposes of this Act.

Application to be registered in register

26D. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in the register.

(2) The Council shall enter the name of a person who has made an application under subsection (1) in the register if—

(a) the Council is satisfied that the person holds a dental practitioner qualification,

(b) either—

(i) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary to practise as a dental practitioner in the State, or

(ii) the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph (1) of that Regulation,

(c) the person satisfies the Council of his or her fitness to engage in the practice of dentistry, and

(d) rules made by the Council apply to the person, the person satisfies the Council that he or she complies with the rules.

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.

Application to be registered in Register of Dental Specialists

26E. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in the Register of Dental Specialists.

(2) The Council shall enter the name of a person who has made an application under subsection (1) in the Register of Dental Specialists if—

(a) the Council is satisfied that the person holds a dental specialist qualification,

(b) either—

(i) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary to practise as a dental specialist, or

(ii) the person passes the controls referred to in Regulation 85 of the Regulations of 2017 for controlling compliance with the languages obligation under paragraph (1) of that Regulation,

(c) the person satisfies the Council of his or her fitness to engage in the practice of a dental specialty, and

(d) rules made by the Council apply to the person, the person satisfies the Council that he or she complies with the rules.

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1), request the person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.

Notification of relevant decisions under section 26A, 26D or 26E, etc.

26F. (1) In this section, ‘relevant decision’ means a decision of the Council to—

(a) refuse to recognise a qualification held by a person as a dental practitioner qualification under section 26A(2),

(b) refuse to recognise a qualification held by a person as a dental specialist qualification under section 26A(3),

(c) refuse to enter a person’s name in the register under section 26D(2), or

(d) refuse to enter a person’s name in the Register of Dental Specialists under section 26E(2).

(2) On making a relevant decision, the Council shall forthwith send to the person to whom the decision relates a notice in writing stating the decision, the date on which the decision was made and the reasons for the decision.

(3) A person to whom a relevant decision relates may, not later than 2 months after the date on which the person was given notice of the decision pursuant to subsection (2), apply to the High Court for the cancellation of the decision.

(4) The High Court, on the hearing of an application under subsection (3) made by a person in relation to a relevant decision, may—

(a) declare that it was proper for the Council to make the decision,

(b) cancel the decision and direct the Council to, as the Court thinks appropriate—

(i) recognise the qualification held by the person as a dental practitioner qualification or dental specialist qualification, or

(ii) enter the name of the person in the register or the Register of Dental Specialists,

or

(c) cancel the decision and—

(i) direct the Council to make a new decision, or

(ii) give such other directions to the Council as the Court thinks proper.

(5) The High Court may direct how the costs of an application under subsection (3) are to be borne.

(6) Following the decision of the High Court on an application under subsection (3), the Council or the person the subject of that decision may, by leave of that Court or the Court of Appeal, appeal from the decision to the Court of Appeal on a specified question of law.”.

9. Amendment of section 32 of Act of 1985

9. Section 32 of the Act of 1985 is amended, in subsection (5), by the deletion of “by pre-paid post”.

10. Declarations by registered dentists in relation to certain matters in State or other jurisdictions, etc.

10. The Act of 1985 is amended by the insertion of the following section after section 32:

“32A. (1) Subject to subsections (2) to (4), a registered dentist shall, in each year, give to the Council a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year, subsection (1) does not apply to a registered dentist because there are no particulars referred to in that subsection which he or she is required to give to the Council, the dentist shall give to the Council a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a registered dentist gave particulars referred to in subsection (1) to the Council, there has been no material change in the matter to which the particulars relate, the dentist may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A registered dentist shall, in each year, comply with subsection (1), (2) or (3) —

(a) not earlier than 2 months before he or she is required to pay, in that year, the appropriate fee determined under section 25(b), and

(b) not later than the last day of that 2 months.

(5) A registered dentist shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council—

(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the dentist in consequence of those proceedings, or

(b) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The Council may, by notice in writing given to a registered dentist who has made a declaration under this section, require the dentist to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.

(7) (a) A registered dentist shall comply with a notice under subsection (6) given to the dentist.

(b) Where the Council considers that a registered dentist has failed to comply with paragraph (a), the Council shall forthwith make an application under section 38 as regards such failure.

(8) In this section—

‘final determination’, in relation to any relevant proceedings and a registered dentist, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the dentist, within the ordinary time in the State or other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,