REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020

• “(4)

  • (a) Paragraph (b) applies where—

    • (i) a registrant becomes the subject of an order under subsection (3)(a), and

    • (ii) the Council has reason to believe that—

      • (I) the registrant is registered in another jurisdiction in a designated profession or has made an application to be registered in a designated profession in another jurisdiction which has not yet been determined, and

      • (II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

  • (b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with a copy of that order and copies of other documents relevant to that order.”.

39. Steps to be taken by Council after receiving report

39. The Act of 2005 is amended by the substitution of the following section for section 64:

“64. On receiving the report of a committee of inquiry concerning a complaint against a registrant, the Council shall do one of the following:

• (a) if the committee finds that no allegation made by the complainant is substantiated, dismiss the complaint;

• (b) if the committee finds that any allegation made by the complainant against the registrant is substantiated, perform its functions under section 66 in relation to the complaint as soon as practicable.”.

40. Direction by Council to impose disciplinary sanction

40. The Act of 2005 is amended by the substitution of the following section for section 66:

“66. (1) Subject to section 53(1A), if a committee of inquiry finds that an allegation made by a complainant against a registrant is substantiated, the Council shall, after considering the committee’s report, direct the board to impose on the registrant, as specified in the direction, one or more than one of the following disciplinary sanctions:

• (a) an admonishment or a censure;

• (b) the attachment of conditions to his or her registration, including restrictions on the practice of the designated profession by the registrant;

• (c) the suspension of his or her registration for a specified period;

• (d) the cancellation of his or her registration;

• (e) a prohibition from applying for a specified period for restoration to the register.

• (2) However, the Council may not direct a registration board to cancel the registration of a registrant on the grounds of a conviction for an offence referred to in section 52(1)(g) unless—

  • (a) in the Council’s opinion, the nature of the offence or the circumstances in which it was committed ought to disqualify the registrant from practising the designated profession, or

  • (b) a conviction for such offence would render a person ineligible for registration as a registrant of the designated profession.

• (3) On giving a direction to a registration board to impose on a registrant a disciplinary sanction referred to in subsection (1)(b), (c) or (e), the Council shall specify in the direction—

  • (a) in the case of a disciplinary sanction referred to in subsection (1)(b), the nature of the conditions to be attached to his or her registration,

  • (b) in the case of a disciplinary sanction referred to in subsection (1)(c), the period of suspension of his or her registration, and

  • (c) in the case of a disciplinary sanction referred to in subsection (1)(e), the period for which he or she is prohibited from applying for restoration to the register.”.

41. Amendment of section 67 of Act of 2005

41. Section 67 of the Act of 2005 is amended by the substitution of the following subsection for subsection (2):

• “(2) If the registration board was directed to impose a disciplinary sanction, the notification under subsection (1) must also specify—

  • (a) the time allowed to the registrant for bringing an application to the Court for cancellation of the direction, and

  • (b) in the case of a disciplinary sanction other than an admonishment or a censure, the time allowed to the Council for bringing an application to the Court for confirmation of the direction.”.

42. Amendment of section 68 of Act of 2005

42. Section 68 of the Act of 2005 is amended—

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

• (b) in subsection (1), by the substitution of “not being” for “other than”, and

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

• “(2) A direction under section 66 to impose a disciplinary sanction (being an admonishment or a censure) on the registrant does not take effect unless—

  • (a) the direction is confirmed by the Court on application under section 69, or

  • (b) the 30 days referred to in section 69(2) within which the registrant may apply to the Court for an order cancelling the direction expires without the registrant making such application.”.

43. Amendment of section 69 of Act of 2005

43. Section 69 of the Act of 2005 is amended—

• (a) in subsection (1), by the deletion of “(other than an admonishment or a censure)”, and

• (b) in subsection (4) —

• (i) in paragraph (a), by the substitution of “direction,” for “direction, and”,

• (ii) in paragraph (b), by the substitution of “appropriate, and” for “appropriate.”, and

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) direct how the costs of the application are to be borne.”.

44. Amendment of section 70 of Act of 2005

44. Section 70 of the Act of 2005 is amended—

• (a) in subsection (1), by the substitution of “not being” for “other than”, and

• (b) in subsection (3), by the insertion of “and direct how the costs of the application are to be borne” after “to do so”.

45. Amendment of section 76 of Act of 2005

45. Section 76 of the Act of 2005 is amended—

• (a) in subsection (1), by the substitution of “notify the Health Service Executive and such other persons as the Council thinks fit” for “notify the Minister”,

• (b) in subsection (2), by the substitution of “, if satisfied that it is in the public interest to do so, notify the Health Service Executive” for “notify the Minister”,

• (c) in subsection (3), by the insertion of “(if satisfied that, in the case of an action referred to in subsection (2), it is in the public interest to do so)” after “ The Council shall”, and

• (d) by the insertion of the following subsections after subsection (3):

• “(4)

  • (a) Paragraph (b) applies where—

    • (i) it comes to the Council’s attention that any action referred to in subsection (1) has been taken in relation to a registrant, and

    • (ii) the Council has reason to believe that—

      • (I) the registrant is registered in another jurisdiction in any designated profession, and

      • (II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council in so far as that profession is concerned.

  • (b) If the registration board concerned has not already done so, the Council shall give notice in writing to that body of that action and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to in section 63(1)).

• (5)

  • (a) Paragraph (b) applies where—

    • (i) it comes to the Council’s attention that any action referred to in subsection (2) has been taken in relation to a registrant, and

    • (ii) the Council has reason to believe that—

      • (I) the registrant is registered in another jurisdiction in any designated profession, and

      • (II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council in so far as that profession is concerned.

  • (b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that action.”.

46. Amendment of section 77 of Act of 2005

46. Section 77 of the Act of 2005 is amended—

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

• (b) in subsection (1) —

• (i) by the substitution of “shall (if satisfied that, in the case of an action referred to in paragraph (h) or (i), it is in the public interest to do so)” for “may, if satisfied that it is in the public interest to do so,”, and

• (ii) in paragraph (i), by the substitution of “Health Service Executive” for “Minister”,

and

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

• “(2) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the Court arising from the performance of a function under section 69 or 70.”.

47. Amendment of section 78 of Act of 2005

47. Section 78 of the Act of 2005 is amended by the deletion of paragraph (d).

48. Information Council may publish in public interest

48. The Act of 2005 is amended by the substitution of the following section for section 78A:

“78A. The Council shall, if it is satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of a committee of inquiry at an inquiry or publish all or any part of a report referred to in section 63(1) of that committee (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings concerned to be identified).”.

49. Notifications under Act

49. The Act of 2005 is amended by the substitution of the following section for section 94:

“94. (1) Where the Council, a registration board, a preliminary proceedings committee, a committee of inquiry or the chief executive officer is required or authorised under this Act to notify a person (being a registrant or former registrant) of a decision or other matter concerning the person, the notification shall be sent by pre-paid post or electronically to him or her at the address stated in the register in which his or her name is or was (as the case may be) entered.

• (2) Where the Council, a registration board, a preliminary proceedings committee, a committee of inquiry or the chief executive officer is required or authorised under this Act to notify a person (not being a registrant or former registrant) who has made an application under this Act of a decision or other matter concerning the application, the notification shall be sent by pre-paid post or electronically to the person at the address stated in the application.

• (3) Where a notification under this Act has been sent to a person in accordance with subsection (1) or (2), the notification shall be deemed, in the absence of evidence to the contrary, to have been duly delivered to the person on the 3rd working day after the day on which it was so sent.”.

50. Amendment of Act of 2005 - insertion of sections 99 and 100

50. The Act of 2005 is amended by the insertion of the following sections after section 98:

“Admissibility of certain documents relating to proceedings in State or other jurisdictions

99. (1) In any proceedings under this Act concerning a relevant person, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

• (2) In any proceedings under this Act concerning a relevant person, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

• (3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

• (4) In this section—

‘final determination’, in relation to any relevant proceedings and a relevant person, 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 relevant person, 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,

      whichever first occurs;

      ‘relevant document’, in relation to a relevant person, means any of the following:

- (a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

- (b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

- (c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the relevant person after the final determination of the proceedings;

- (d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

  ‘relevant person’ means—

- (a) an applicant for registration, or

- (b) a registrant or former registrant;

  ‘relevant proceedings’, in relation to a relevant person, means any disciplinary or judicial proceedings (other than such proceedings under this Act), in respect of which the relevant person is the subject—

- (a) in the State or another jurisdiction which may directly or indirectly result in the relevant person—

    - (i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

    - (ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

- (b) in another jurisdiction which may result in the relevant person being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

- (c) in the State which may result in the relevant person being convicted, in the State, for an offence triable on indictment;

  ‘sanction’ includes any restriction or measure.

  **Power to specify form of documents**

  **100.** (1) Subject to section 37(2), the relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

• (2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

  • (a) include in the specified form of any document referred to in that subsection a statutory declaration—

    • (i) to be made by the person completing the form, and

    • (ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

    and

  • (b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

• (3) The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

• (4) A form specified under this section shall be—

  • (a) completed in accordance with such directions and instructions as are specified in the form,

  • (b) accompanied by such documents as are specified in the form, and

  • (c) if the completed form is required to be provided to—

    • (i) the relevant body,

    • (ii) another person on behalf of the relevant body, or

    • (iii) any other person,

    so provided in the manner, if any, specified in the form.

• (5) Without prejudice to the generality of subsection (1), the registration board of a designated profession may—

  • (a) specify a form to be completed by a registrant in connection with the payment by the registrant of any fee charged under section 18(1)(b), and

  • (b) in that form, require the registrant to supply the registration board with such information that the registrant would have to supply the board if the registrant were not registered but were seeking registration.

• (6) In this section, ‘relevant body’ means—

  • (a) subject to paragraphs (b) to (d), the Council,

  • (b) in relation to a function under this Act performed by a registration board, that board,

  • (c) in relation to a function under this Act performed by the preliminary proceedings committee, that committee, or

  • (d) in relation to a function under this Act performed by a committee of inquiry, that committee.”.

PART 4 Amendment of Pharmacy Act 2007

51. Definition

51. In this Part, “Act of 2007” means the Pharmacy Act 2007.

52. Amendment of section 2 of Act of 2007

52. Section 2 of the Act of 2007 is amended—

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

“ ‘condition’ includes a restriction;

‘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;

‘inspect’ includes search;

‘partner’ shall be construed in accordance with the Partnership Act 1890;

‘record’ includes, in addition to a record in writing—

• (a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

• (b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

• (c) a photograph,

and any reference to a copy of a record includes— (i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,

- (ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied therein, and

- (iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction;

  ‘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;

‘this Act’ includes a statutory instrument made under this Act;”,

and

• (b) by the insertion of the following subsection after subsection (5):

• “(6) 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 Professional Qualifications Regulations as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.

53. Amendment of section 7 of Act of 2007

53.Section 7 of the Act of 2007 is amended in subsection (1) —

• (a) by the insertion of “and pharmaceutical assistants” after “pharmacists” in paragraph (d), and

• (b) by the substitution of the following paragraph for paragraph (e):

• “(e) to—

  • (i) supervise compliance with this Act, and

  • (ii) supervise compliance by pharmacists, pharmaceutical assistants and pharmacy owners in their respective capacities as such, with—

    • (I) the Poisons Acts 1961 and 1977,

    • (II) the Misuse of Drugs Acts 1977 to 2017,

    • (III) the Animal Remedies Acts 1993 and 2006,

    • (IV) the Irish Medicines Boards Acts 1995 and 2006,

    • (V) the Health (Pricing and Supply of Medical Goods) Act 2013,

    • (VI) any statutory instrument made under any of those Acts, and

    • (VII) the European Communities (Animal Remedies) (No. 2) Regulations 2007 (S.I. No. 786 of 2007),

    and”.

54. Amendment of section 11 of Act of 2007

54. Section 11 of the Act of 2007 is amended—

• (a) by the insertion of the following subsections after subsection (2):

• “(2A) The Council may make rules in relation to the specification of grounds for the purposes of section 16(2)(c) after having regard to—

  • (a) the standard of education and training required to obtain recognition as a pharmacist in the State referred to in that section for persons seeking to become pharmacists,

  • (b) the practical experience of such persons, and

  • (c) the continued professional development for such pharmacists.

• (2B) Subject to subsection (2C), the Council may, for the purposes of section 14(1)(a) (including that section as read with section 14(5)) make rules for the purposes of setting criteria to be complied with by persons who wish to— (a) resume practice as a registered pharmacist after not having so practised for a period specified in the rules, or

  • (b) commence practice as a registered pharmacist after not having so practised previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in pharmacy pursuant to which they wish to so practise.

• (2C) Criteria to be complied with by persons referred to in subsection (2B) 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 of criteria in relation to that matter is necessary or desirable for the protection of the public.”,

• (b) in subsection (4), by the substitution of “subsection (2), (2A), (2B) or (3)” for “subsection (2) or (3)”, and

• (c) in subsection (5), by the substitution of “subsection (2), (2A), (2B) or (3)” for “subsection (2) or (3)”.

55. Amendment of section 14 of Act of 2007

55. Section 14 of the Act of 2007 is amended, in subsection (1), by the deletion of paragraph (f).

56. Amendment of section 16 of Act of 2007

56. Section 16 of the Act of 2007 is amended—

• (a) in subsection (2) —

• (i) in paragraph (a), by the substitution of “Regulations,” for “Regulations, or”,

• (ii) in paragraph (b), by the substitution of “the State, or” for “the State.”, and

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) he or she has a qualification in pharmacy from a state other than the State which—

• (i) falls within a ground prescribed for the purposes of this paragraph, and

• (ii) in the opinion of the Council, is of a standard not lower than the standard of that necessary for practice in the State.”,

and

• (b) in subsection (3)(a), by the substitution of “subsection (2)(b) or (c)” for “subsection (2)(b)”.

57. Amendment of section 19 of Act of 2007

57. Section 19 of the Act of 2007 is amended—

• (a) in subsection (1) —

• (i) by the insertion of “(within the meaning of section 66)” after “authorised officer”, and

• (ii) by the insertion of “, and the provisions of Part 7 shall apply accordingly for the purposes of such inspection” after “section 18”,

and

• (b) in subsection (2), by the insertion of “(within the meaning of section 66)” after “authorised officer”.

58. Amendment of Act of 2007 - insertion of sections 21B and 21C

58. The Act of 2007 is amended by the insertion of the following sections before section 22:

“Declarations by registered pharmacists in relation to certain matters in State or other jurisdictions, etc.

21B. (1) Subject to subsections (2) to (4), a registered pharmacist shall, in each year, give to the Council a declaration in writing in the specified form 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 pharmacist because there are no particulars referred to in that subsection which he or she is required to give to the Council, the pharmacist 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 pharmacist 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 pharmacist 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 pharmacist shall, in each year, comply with subsection (1), (2) or (3) —

  • (a) not earlier than 60 days before he or she is required to pay, in that year, the prescribed fee referred to in section 14(1)(c) that applies in the case of the continued registration referred to in section 14(5), and

  • (b) not later than the last day of that 60 days.

• (5) A registered pharmacist 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 pharmacist 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 pharmacist who has made a declaration under this section, require the pharmacist 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 pharmacist shall comply with a notice under subsection (6) given to the pharmacist.

  • (b) Where the Council considers that a registered pharmacist has contravened paragraph (a), the Council shall forthwith make a complaint under section 35.

• (8) In this section—

‘final determination’, in relation to any relevant proceedings and a registered pharmacist, 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 pharmacist, 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,

      whichever first occurs;

      ‘relevant proceedings’, in relation to a registered pharmacist, means any disciplinary or judicial proceedings (other than any such proceedings under this Act) in respect of which the pharmacist is the subject—

- (a) in the State or another jurisdiction which may directly or indirectly result in the pharmacist—

    - (i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

    - (ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

- (b) in another jurisdiction which may result in the pharmacist being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

- (c) in the State which may result in the pharmacist being convicted, in the State, for an offence triable on indictment;

  ‘sanction’ includes any restriction or measure.

  Declarations by pharmacy owner

  **21C.** (1) Subject to subsections (2) to (4), a pharmacy owner shall, in each year, give to the Council a declaration in writing in the specified form providing particulars of any relevant proceedings that are pending or in progress.

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

• (3) If, in any year subsequent to a year in which a pharmacy owner 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 owner 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 pharmacy owner shall, in each year, comply with subsection (1), (2) or (3) —

  • (a) not earlier than 60 days before there is required to be paid, in that year, the prescribed fee referred to in section 17(1)(e) that applies in the case of the continued registration referred to in section 17(3), and

  • (b) not later than the last day of that 60 days.

• (5) A pharmacy owner 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 owner 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 pharmacy owner who has made a declaration under this section, require the owner 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 pharmacy owner shall comply with a notice under subsection (6) given to the owner.

  • (b) Where the Council considers that a pharmacy owner has contravened paragraph (a), the Council shall forthwith make a complaint under section 36.

• (8) In this section, references to a pharmacy owner include references to a director of a corporate body which owns the retail pharmacy business concerned.

• (9) In this section—

‘final determination’, in relation to any relevant proceedings and a pharmacy owner, 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 owner, 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,

      whichever first occurs;

      ‘relevant proceedings’, in relation to a pharmacy owner, means any disciplinary or judicial proceedings (other than any such proceedings under this Act) in respect of which the owner is the subject—

- (a) concerning a contravention or alleged contravention of a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii),

- (b) in another jurisdiction which may result in the owner being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

- (c) in the State which may result in the owner being convicted, in the State, for an offence triable on indictment;

  ‘sanction’ includes any restriction or measure.”.

59. Council may request certain information concerning registered pharmacists from certain bodies in State or other jurisdictions

59. The Act of 2007 is amended by the insertion of the following section after section 23:

“23A. (1) Where a registered pharmacist provides, or has provided, one or more than one kind of health or social care in the State or another jurisdiction, the Council may make a request in writing, accompanied by the relevant statement, to the body, duly authorised in the State or that jurisdiction, as appropriate, to regulate persons who provide that kind of health or social care in the State or that jurisdiction, to provide the Council with any information relevant to either or both of the following:

• (a) any material matter that has occurred in the State or that jurisdiction in relation to the pharmacist;

• (b) the pharmacist’s qualifications, or registration (or equivalent thereof in that jurisdiction), as a person who provides that kind of health or social care.

• (2) In subsection (1) —

‘material matter’, in relation to a registered pharmacist, means—

- (a) any of the following taken by any regulatory body (whether in or outside the State), other than the Council, in relation to the provision of one or more than one kind of health or social care by such pharmacist:

    - (i) the imposition of conditions on any registration or licence;

    - (ii) the suspension, withdrawal or removal of any registration or licence;

    - (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](https://www.irishstatutebook.ie/eli/2016/act/4/section/5) of the [Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016](https://www.irishstatutebook.ie/eli/2016/act/4)) 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;

  ‘registered pharmacist’ includes a person who has made an application under section 14 for registration which has not yet been determined by the Council;

  ‘relevant statement’, in relation to a request under subsection (1), means a statement to the effect that any information provided to the Council, pursuant to that request, by the body to which the request is made may be used in any proceedings under this Act concerning the pharmacist the subject of the request.”.

60. Amendment of section 34 of Act of 2007

60. Section 34 of the Act of 2007 is amended by the insertion of the following subsection after subsection (11):

• “(12) In this section, references to a pharmacy owner include references to a registered pharmacist who is a director of, or a shareholder in, a corporate body which carries on a retail pharmacy business.”.

61. Amendment of section 35 of Act of 2007

61. Section 35 of the Act of 2007 is amended—

• (a) in subsection (1) —

• (i) by the insertion of the following paragraphs after paragraph (eb):

• “(ec) a failure to comply, in his or her capacity as a registered pharmacist, with a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii),

• (ed) the imposition on the pharmacist of—

  • (i) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or

  • (ii) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”,

and

• (ii) in paragraph (f), by the deletion of “or rules made by the Council under this Act”,

and

• (b) by the insertion of the following subsection before subsection (4):

• “(3B)

  • (a) The registrar may, in relation to a complaint heard, being heard or to be heard by a committee of inquiry, whenever he or she considers it necessary to do so, request in writing the Garda Síochána to give to him or her information concerning the criminal record of the registered pharmacist the subject of the complaint that the committee may reasonably require for the performance of its functions.

  • (b) The Garda Síochána shall, subject to section 55 of the Data Protection Act 2018, comply with a request under paragraph (a) as soon as is practicable after receiving the request.

  • (c) The registrar may, whenever he or she considers it necessary to do so, request in writing that the registrar or clerk of a court which has convicted a registered pharmacist of an offence in the State to give to him or her a certificate of conviction (or, in the case of the District Court, a certified copy of the order concerned made by the Court), or a certified copy of the judgment, or both, in respect of the offence that the registrar or Council (including any committee thereof), or both, may reasonably require for the performance of his or her or its functions under this Act in relation to that pharmacist.

  • (d) The registrar or clerk of the court concerned the subject of a request under paragraph (c) shall comply with the request as soon as is practicable after receiving the request.

  • (e) In this subsection, ‘criminal record’, in relation to a registered pharmacist, means a record of the previous convictions (other than spent convictions within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016) of the pharmacist for offences (if any).”.

62. Amendment of section 36 of Act of 2007

62. Section 36 of the Act of 2007 is amended—

• (a) in subsection (1) —

• (i) in paragraph (b), by the substitution of “(whether in the State or another jurisdiction) or has committed misconduct (whether in the State or another jurisdiction)” for “or has committed misconduct”,

• (ii) by the insertion of the following paragraph after paragraph (b):

• “(ba) the pharmacy owner—

  • (i) has failed to comply, in his or her capacity as a pharmacy owner, with a provision of an Act or statutory instrument referred to in section 7(1)(e)(ii), or

  • (ii) has contravened section 21C(7)(a),”,

• (iii) by the deletion of “or” immediately preceding paragraph (d),

• (iv) in paragraph (d), by the substitution of “under section 18, or” for “under section 18.”, and

• (v) by the insertion of the following paragraph after paragraph (d):

• “(e) the pharmacy owner or an employee or partner of the pharmacy owner has contravened a provision of this Act not otherwise referred to in this subsection.”,

and

• (b) by the insertion of the following subsection after subsection (3):

• “(4) Section 35(3B) shall, with all necessary modifications, apply to a pharmacy owner as that section applies to a registered pharmacist within the meaning of that section.”.

63. Amendment of section 45 of Act of 2007

63. Section 45 of the Act of 2007 is amended by the insertion of the following subsection after subsection (5):

• “(6)

  • (a) Paragraph (b) applies where—

    • (i) a registered pharmacist becomes the subject of an order under subsection (1), and

    • (ii) the Council has reason to believe that—

      • (I) the pharmacist is registered in another jurisdiction as a pharmacist or has made an application to be registered as a pharmacist in another jurisdiction which has not yet been determined, and

      • (II) that order may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

  • (b) The Council shall give notice in writing to that body of that order and may, notwithstanding any provision of Directive 2005/36/EC or of the Professional Qualifications Regulations, provide that body with a copy of that order and copies of other documents relevant to that order.”.

64. Amendment of section 46 of Act of 2007

64. Section 46 of the Act of 2007 is amended by the insertion of the following subsection after subsection (1):

• “(1A) If a registered pharmacist or pharmacy owner gives an undertaking or consent the subject of a request under subsection (1) by the committee of inquiry, the inquiry into the complaint shall be considered to be completed.”.

65. Amendment of section 48 of Act of 2007

65. Section 48 of the Act of 2007 is amended by the insertion of the following subsection after subsection (2):

• “(3) If the report referred to in section 47(1) follows an undertaking or consent under section 46(1), then the measures to be taken in respect of the registered pharmacist or the pharmacy owner shall be those contained in the report.”.

66. Amendment of section 49 of Act of 2007

66. Section 49 of the Act of 2007 is amended by the substitution of the following subsection for subsection (2):

• “(2) If the Council has imposed a disciplinary sanction other than a disciplinary sanction arising out of measures referred to in section 48(3), the notification under subsection (1) must also specify—

  • (a) the time within which the registered pharmacist or pharmacy owner may apply to the High Court for cancellation of the decision, and

  • (b) in the case of a disciplinary sanction other than an admonishment or a censure, the time within which the Council may apply to the High Court for confirmation of the decision.”.

67. Amendment of section 50 of Act of 2007

67. Section 50 of the Act of 2007 is amended—

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

• (b) in subsection (1), by the substitution of “not being” for “other than”, and

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

• “(2) A decision under section 48 to impose a disciplinary sanction (being an admonishment or a censure) does not take effect unless—

  • (a) the decision is confirmed by the High Court on application under section 51, or

  • (b) the 30 days referred to in section 51(2) within which the registered pharmacist or pharmacy owner concerned may make an application to the High Court for an order cancelling the decision expires without the registered pharmacist or pharmacy owner making such application.”.

68. Amendment of section 51 of Act of 2007

68. Section 51 of the Act of 2007 is amended—

• (a) in subsection (1), by the substitution of “a disciplinary sanction arising out of measures referred to in section 48(3)” for “an admonishment or a censure”, and

• (b) by the substitution of the following subsection for subsection (4):

• “(4) The High Court may, on an application for an order under subsection (1) —

  • (a) make any other order it considers just, including an order confirming or modifying the decision, and

  • (b) give the Council any direction,

  and direct how the costs of the application are to be borne.”.

69. Amendment of section 52 of Act of 2007

69. Section 52 of the Act of 2007 is amended—

• (a) in subsection (1), by the insertion of “(not being a decision to impose the disciplinary sanction of an admonishment or a censure)” after “decision”, and

• (b) by the insertion of the following subsection after subsection (4):

• “(5) The High Court may direct how the costs of an application under this section are to be borne.”.

70. Amendment of section 56 of Act of 2007

70. Section 56 of the Act of 2007 is amended—

• (a) in subsection (1), by the substitution of “Health Service Executive and such other persons as it thinks fit” for “Minister”,

• (b) in subsection (2), by the substitution of “, if satisfied that it is in the public interest to do so, notify the Health Service Executive” for “notify the Minister”,

• (c) in subsection (3), by the insertion of “(if satisfied that, in the case of an action referred to in subsection (2), it is in the public interest to do so)” after “shall”, and

• (d) by the insertion of the following subsections after subsection (3):

• “(4)

  • (a) Paragraph (b) applies where—

    • (i) it comes to the Council’s attention that any action referred to in subsection (1) has been taken in relation to a registered pharmacist, and

    • (ii) the Council has reason to believe that—

      • (I) the pharmacist is registered in another jurisdiction, and

      • (II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

  • (b) The Council shall give notice in writing to that body of that action and may, notwithstanding any provision of the Professional Qualifications Directive or of the Professional Qualifications Regulations, provide that body with copies of documents relevant to that action (including a copy of the report concerned referred to in section 47).

• (5)

  • (a) Paragraph (b) applies where—

    • (i) it comes to the Council’s attention that any action referred to in subsection (2) has been taken in relation to a registered pharmacist, and

    • (ii) the Council has reason to believe that—

      • (I) the pharmacist is registered in another jurisdiction, and

      • (II) that action may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

  • (b) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that action.”.

71. Amendment of section 57 of Act of 2007

71. Section 57 of the Act of 2007 is amended—

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

• (b) in subsection (1) —

• (i) by the substitution of “(if satisfied that, in the case of an action referred to in paragraph (h) or (i), it is in the public interest to do so)” for “, if satisfied that it is in the public interest to do so,”, and

• (ii) in paragraph (i), by the substitution of “Health Service Executive” for “Minister”,

and

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

• “(2) The Council shall, if it is satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of a committee of inquiry at an inquiry or publish all or any part of a report referred to in section 47 of a committee of inquiry (and, in either case, whether with or without any information which would enable all, or any one or more than one, of the parties to the proceedings to be identified).

• (3) The Council shall not publish anything under this section which is inconsistent with a decision (if any) of the High Court arising from the performance of a function under section 51 or 52.”.

72. Amendment of section 63 of Act of 2007

72. Section 63 of the Act of 2007 is amended, in subsection (5)(a), by the deletion of the definition of “partner”.

73. Amendment of section 66 of Act of 2007

73. Section 66 of the Act of 2007 is amended—

• (a) by the insertion of “and Schedule 3” after “In this Part”,

• (b) by the deletion of the definitions of “inspect”, “record” and “this Act”, and

• (c) by the insertion of the following definition:

“ ‘relevant enactment’ means—

• (a) this Act, or

• (b) any Act or statutory instrument referred to in section 7(1)(e)(ii). ”.

74. Amendment of section 67 of Act of 2007

74. Section 67 of the Act of 2007 is amended—

• (a) in subsection (1)(a), by the substitution of “this Act” for “this Part”,

• (b) in subsection (2), by the substitution of “this Act” for “this Part”,

• (c) in subsection (3) —

• (i) by the substitution of “offence under a relevant enactment” for “offence under this Act”,

• (ii) in paragraphs (c), (d) and (e), by the substitution of “this Act” for “this Part” in each place that it occurs,

• (iii) in paragraph (g), by the substitution of “a relevant enactment” for “this Act”, and

• (iv) in paragraphs (h), (i), (m) and (n), by the substitution of “this Act” for “this Part” in each place that it occurs,

• (d) by the insertion of the following subsection after subsection (3):

• “(3A) Following an investigation under this section by an authorised officer, the officer shall furnish a written report on the investigation to the Council.”,

• (e) in subsection (4), by the substitution of “this Act” for “this Part”,

• (f) in subsection (7)(a), by the substitution of “this Act” for “this Part”,

• (g) in subsection (8), by the substitution of “a relevant enactment” for “this Act”, and

• (h) in subsection (12), by the substitution of “this section” for “this paragraph”.

75. Amendment of section 70 of Act of 2007

75. Section 70 of the Act of 2007 is amended by the substitution of “this Act” for “this Part”.

76. Amendment of Act of 2007 - insertion of sections 78 and 79

76. The Act of 2007 is amended by the insertion of the following sections after section 77:

“Admissibility of certain documents relating to proceedings in State or other jurisdictions

78. (1) In any proceedings under this Act concerning a relevant person, a document that purports to be a relevant document shall be admissible as evidence of any fact stated therein of which evidence would be admissible in those proceedings.

• (2) In any proceedings under this Act concerning a relevant person, a document purporting to be a certification by a court, tribunal or other authority of a document purporting to be a relevant document (and whether or not the certification is incorporated into the document) and to be signed by or on behalf of that court, tribunal or other authority shall be deemed, for the purpose of this section, to be such a certificate and to be so signed, unless the contrary is proved.

• (3) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so and a document purporting to be a certificate under this subsection shall be deemed to be such a certificate, and to be signed by the person purporting to have signed it, unless the contrary is proved.

• (4) In this section—

‘final determination’, in relation to any relevant proceedings and a relevant person, 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 relevant person, 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,

      whichever first occurs;

      ‘relevant document’, in relation to a relevant person, means any of the following:

- (a) a copy of a transcript of all or any part of relevant proceedings that has been certified, by or on behalf of the court, tribunal or other authority before which the proceedings were held, to be a true and accurate copy of that transcript;

- (b) a copy of all or any part of a report arising out of such proceedings certified, by or on behalf of the court, tribunal or other authority which made the report, to be a true and accurate copy of that report;

- (c) if, after the final determination of such proceedings, sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing giving particulars of such sanctions so imposed certified, by or on behalf of the court, tribunal or other authority which imposed the sanctions, to be true and accurate particulars of the sanctions that are, or continue to be, imposed on the relevant person after the final determination of the proceedings;

- (d) if, after the final determination of such proceedings, no sanctions are, or continue to be, imposed on the relevant person in consequence of such proceedings, a statement in writing to that effect certified by or on behalf of the court, tribunal or other authority before which the proceedings were held;

  ‘relevant person’ means—

- (a) a registered pharmacist,

- (b) a person who has made an application under section 14 for registration as a pharmacist which has not yet been determined by the Council,

- (c) the pharmacy owner of a registered retail pharmacy business or an employee or partner of the pharmacy owner,

- (d) the pharmacy owner of a retail pharmacy business who has made an application under section 17 for the registration of the business which has not yet been determined by the Council, or

- (e) where a corporate body owns all or part of a registered retail pharmacy business, any person being a director (including a shadow director as construed in accordance with section 221 of the [Companies Act 2014](https://www.irishstatutebook.ie/eli/2014/act/38)), manager, secretary or any other officer of the corporate body or a person who was purporting to act in any such capacity;

  ‘relevant proceedings’, in relation to a relevant person, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the relevant person is the subject—

- (a) in the State or another jurisdiction which may directly or indirectly result in the relevant person—

    - (i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

    - (ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

- (b) in another jurisdiction which may result in the relevant person being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

- (c) in the State which may result in the relevant person being convicted, in the State, for an offence triable on indictment;

  ‘sanction’ includes any restriction or measure.

  **Power to specify form of documents**

  **79.** (1) The relevant body may specify the form of documents required for the purposes of this Act as the relevant body thinks fit.

• (2) The relevant body’s power under subsection (1) may be exercised in such a way as to—

  • (a) include in the specified form of any document referred to in that subsection a statutory declaration—

    • (i) to be made by the person completing the form, and

    • (ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

    and

  • (b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant body thinks fit.

• (3) The relevant body’s power under subsection (1) may be exercised in such a way as to include in the specified form of any document a statement requiring the person completing the form to verify any particulars contained in the form, or contained in any document accompanying the form, in such manner as is specified in the form.

• (4) A form specified under this section shall be—

  • (a) completed in accordance with such directions and instructions as are specified in the form,

  • (b) accompanied by such documents as are specified in the form, and

  • (c) if the completed form is required to be provided to—

    • (i) the relevant body,

    • (ii) another person on behalf of the relevant body, or

    • (iii) any other person,

    so provided in the manner, if any, specified in the form.

• (5) Without prejudice to the generality of subsection (1), the Council may—

  • (a) specify a form to be completed by a registered pharmacist in connection with the payment by the pharmacist of any fee for continued registration referred to in section 14(5), and

  • (b) in that form, require the pharmacist to supply the Council with such information that the pharmacist would have to supply the Council if the pharmacist were not registered but were seeking registration.

• (6) Without prejudice to the generality of subsection (1), the Council may—

  • (a) specify a form to be completed by a pharmacy owner in connection with the payment by the pharmacy owner of any fee for continued registration referred to in section 17(3) of the retail pharmacy business concerned, and

  • (b) in the form, require the pharmacy owner to supply the Council with such information that the pharmacy owner would have to supply the Council if that retail pharmacy business were not registered but the pharmacy owner was seeking registration of the business.

• (7) In this section, ‘relevant body’ means the following:

  • (a) subject to paragraphs (b) and (c), the Council;

  • (b) in relation to a function under this Act performed by a preliminary proceedings committee, that committee;

  • (c) in relation to a function under this Act performed by a committee of inquiry, that committee.”.

PART 5 Amendment of Medical Practitioners Act 2007

77. Definition

77. In this Part, “Act of 2007” means the Medical Practitioners Act 2007.

78. Amendment of section 2 of Act of 2007

78. Section 2 of the Act of 2007 is amended—

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

• (b) in subsection (1) —

• (i) in the definition of “appropriate fee”, by the insertion of “(if any)” after “means the fee”,

• (ii) in the definition of “certificate of experience”, by the substitution of “an intern pursuant to section 36F(2)” for “a medical practitioner pursuant to section 49(2)”,

• (iii) by the substitution of the following definition for the definition of “certificate of registration”:

“ ‘certificate of registration’ —

• (a) in relation to an intern, means a certificate referred to in section 36B(5),

• (b) in relation to an adapter, means a certificate referred to in section 36L(5), and

• (c) in relation to a medical practitioner, means a certificate referred to in section 43(5);”,

• (iv) in the definition of “conditions”, by the insertion of “and restrictions” after “terms”,

• (v) in the definition of “decision”, by the substitution of “section 36H, 36P, 54, 75, 83, 90 or 92” for “section 54, 75, 83, 90 or 92”,

• (vi) by the substitution of the following definition for the definition of “medical practitioner”:

“ ‘medical practitioner’ means a person who holds a qualification recognised under section 44A(2) or who falls within section 50A(2);”,

• (vii) by the substitution of the following definition for the definition of “Member State”:

“ ‘Member State’ means a state, other than the State, which is a member of the European Union, and includes—

• (a) a State 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

• (b) Switzerland;”,

• (viii) by the substitution of the following definition for the definition of “registered”:

“ ‘registered’, except in Parts 5A and 5B, means registered under section 44, 46, 47, 48, 50 or 50A;”,

• (ix) by the substitution of the following definition for the definition of “registered medical practitioner”:

“ ‘registered medical practitioner’, subject to sections 56A and 56B, means a medical practitioner whose name is entered in the register;”,

• (x) by the substitution of the following definition for the definition of “relevant conditions”:

“ ‘relevant conditions’ —

• (a) in relation to an intern, means any conditions attached to the registration of the intern pursuant to—

  • (i) section 36G(3), (7) or (8),

  • (ii) a decision confirmed or given under section 36H(4),

  • (iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B,

  • (iv) section 81(3) as that section is construed in accordance with section 56B, or

  • (v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B,

• (b) in relation to an adapter, means any conditions attached to the registration of the adapter pursuant to—

  • (i) section 36O(3), (7) or (8),

  • (ii) a decision confirmed or given under section 36P(4),

  • (iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B,

  • (iv) section 81(3) as that section is construed in accordance with section 56B, or

  • (v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B,

  or

• (c) in relation to a registered medical practitioner, means any conditions attached to the registration of the practitioner pursuant to—

  • (i) section 53(3) or (7),

  • (ii) a decision confirmed or given under section 54(4),

  • (iii) a decision referred to in section 78(1),

  • (iv) section 81(3), or

  • (v) a decision confirmed or given under section 83(3);”,

• (xi) by the substitution of the following definition for the definition of “relevant medical disability”:

“ ‘relevant medical disability’, in relation to a person, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair the person’s ability to practise medicine or a particular aspect thereof;”,

• (xii) by the insertion of the following definitions:

“ ‘adapter’ means a relevant person whose name is entered in the register of adapters;

‘approved medical degree’ means a degree awarded in consequence of the completion of a programme of medical education and training approved under section 88(2)(a)(i)(I);

‘authorised officer’ means a member of the staff of the Council appointed under section 58(1) to be an authorised officer to perform the functions specified under section 58(2);

‘certificate of adaptation’ means a certificate of adaptation granted to an adapter pursuant to section 36N(2);

‘general qualification’ shall be construed in accordance with section 44B;

‘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 as a member or former member of a relevant profession;

‘Irish formal qualification’ means—

• (a) an approved medical degree completed mainly in the State, and

• (b) a certificate of experience;

‘investigation’, in relation to a complaint, means an investigation referred to in section 58A(1);

‘investigation report’, in relation to a complaint, means a report referred to in section 58A(3) prepared following the investigation of the complaint;

‘intern’ means a person whose name is entered in the register of interns;

‘intern qualification’ shall be construed in accordance with section 36D;

‘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), other than the Council, 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;

  • (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;

‘registered address’ —

• (a) in relation to a registered medical practitioner, means the address specified in the register of medical practitioners as the practitioner’s address,

• (b) in relation to an intern, means the address specified in the register of interns as the intern’s address, and

• (c) in relation to an adapter, means the address specified in the register of adapters as the adapter’s address;

‘register of adapters’ means the register of adapters established under section 36L(1);

‘register of interns’ means the register of interns established under section 36B(1);

‘register of medical practitioners’ means the register;

‘relevant person’ has the meaning assigned to it by section 36K;

‘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;

‘specialist qualification’ shall be construed in accordance with section 44C;”,

and

• (xiii) by the deletion of the definitions of “basic medical qualification” and “formal qualification”,

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.”.

79. Amendment of section 7 of Act of 2007

79. Section 7 of the Act of 2007 is amended—

• (a) in subsection (2) —

• (i) in paragraph (a), by the insertion of “of medical practitioners, the register of interns and the register of adapters” after “the register”,

• (ii) in paragraph (c), by the insertion of “(including the granting of certificates of experience or certificates of adaptation)” after “continued registration”,

• (iii) in paragraph (i), by the insertion of “, interns and adapters” after “medical practitioners” in each place that it occurs, and

• (iv) in paragraph (l), by the insertion of “, interns and adapters” after “medical practitioners”,

and

• (b) in subsection (5), by the insertion of “, including the making of arrangements with any person to assist the Council or a committee in the proper discharge of any of the Council’s or committee’s (as the case may be) functions” after “its functions”.

80. Amendment of section 8 of Act of 2007

80. Section 8 of the Act of 2007 is amended, in subsection (1)(a), by the substitution of the following subparagraph for subparagraph (i):

• “(i) registered medical practitioners, interns or adapters, their education and training and the practise of medicine by registered medical practitioners, interns and adapters, or”.

81. Amendment of section 11 of Act of 2007

81. Section 11 of the Act of 2007 is amended—

• (a) in subsection (2) —