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

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

• “(ca) the form and manner in which the register of interns is to be maintained,

• (cb) the details relating to interns that, in addition to their names, are to be entered into the register of interns or their certificates of registration or both,

  • (cc) the form and manner in which the register of adapters is to be maintained,

  • (cd) the details relating to adapters that, in addition to their names, are to be entered in the register of adapters or their certificates of registration or both,

• (ce) permits for the purposes of section 38B(3),”,

• (ii) by the substitution of the following paragraph for paragraph (g):

• “(g) subject to subsection (3A), the establishment, membership, functions and procedures of subcommittees of committees, including—

  • (i) in the case of the Preliminary Proceedings Committee, subcommittees to give initial consideration to complaints on behalf of that Committee, and

  • (ii) in the case of the Fitness to Practise Committee, subcommittees inquiring, on behalf of that Committee, into complaints referred to that Committee,”,

• (iii) by the substitution of the following paragraphs for paragraph (h):

• “(h) the setting of criteria for assessing applications by persons for registration in any division of the register,

• (ha) the setting of criteria for assessing applications by persons for entry in the register of interns,

• (hb) the setting of criteria for assessing applications by relevant persons for entry in the register of adapters,

• (hc) subject to subsection (2A), the setting of criteria to be complied with by persons who wish to—

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

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

• (hd) without prejudice to the generality of paragraphs (h) to (hc), the setting of criteria, for persons referred to in any of those paragraphs, providing for the controls to be carried out to ensure that those persons have a knowledge of either the English language or the Irish language necessary for practising medicine in the State,”,

• (iv) by the substitution of the following paragraphs for paragraphs (i) and ( j):

• “(i) the specification of examinations for the purposes of section 44B(1)(b),

( j) the specification of the grounds for the purposes of section 44B(1)(c),”,

• (v) by the deletion of paragraphs (k) to (q), and

• (vi) in paragraph (r), by the substitution of “section 36F(3)” for “subsection (3) of section 49”,

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

• “(2A) Criteria to be complied with by persons referred to in subsection (2)(hc) 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.”,

and

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

• “(3A) Without prejudice to the generality of subsection (2)(g), rules made under that subsection may provide that—

  • (a) the chairperson of the Preliminary Proceedings Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(i), or

  • (b) the chairperson of the Fitness to Practise Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(ii).”.

82. Amendment of section 12 of Act of 2007

82. Section 12 of the Act of 2007 is amended, in subsection (1), by the insertion of “, interns, adapters” after “medical practitioners”.

83. Amendment of section 17 of Act of 2007

83. Section 17 of the Act of 2007 is amended, in subsection (1)(a), by the deletion of “basic”.

84. Amendment of section 20 of Act of 2007

84. Section 20 of the Act of 2007 is amended—

• (a) in subsection (4)(b), by the substitution of “section 59A(1)(c) or 67(1)(c)” for “section 67(1)(c)”,

• (b) by the deletion of subsection (6),

• (c) in subsection (8), by the deletion of “, including the chairperson,”, and

• (d) by the insertion of the following subsections after subsection (14):

• “(15)

  • (a) Where the Council establishes a subcommittee of a committee, that subcommittee may perform any of the functions of that committee as if it were that committee, and every reference in this Act to that committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

  • (b) Subject to paragraph (d), where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Preliminary Proceedings Committee, and every reference in this Act to the Preliminary Proceedings Committee shall, unless the context otherwise requires, be construed as including a reference to the subcommittee.

  • (c) Subject to paragraph (d), where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 11, that subcommittee may perform any of the functions of that Committee as if it were the Fitness to Practise Committee, and every reference in this Act to the Fitness to Practise Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

  • (d) Neither paragraph (b) nor (c) shall be construed as entitling a subcommittee referred to in that paragraph to itself establish a subcommittee.

• (16) Where the term of office of one or more members of a committee ends during the consideration of a matter, including the consideration of a complaint under Part 7 or 8, the Council shall decide—

  • (a) that the member or members may continue in office beyond the expiration of his or her term, or their terms, for so long as is required for the committee to finish consideration of the matter,

  • (b) that the committee, as constituted without that member or those members, shall continue to consider that matter provided that the committee can achieve a quorum, or

  • (c) that the consideration of that matter be stopped and that a new constituted committee begin to consider the matter once the vacancy or vacancies created by the expiration of the term or terms has or have been filled,

  and any decision of the committee on that matter following the Council’s decision shall be valid as if no term of office had so expired. (17) On the expiration of the term of office as a Council member of a person who is a member of a section 20(2) committee, that member may continue in office as a member of that committee beyond the expiration of the term so long as it is required for the committee to finish the consideration of a matter being considered by it on the date of that expiration, and the decision of the committee on that matter concerned shall be as valid as if the term of office as a member of the Council had not expired.

• (18) The Council may dissolve a committee other than a section 20(2) committee.”.

85. Amendment of section 23 of Act of 2007

85. Section 23 of the Act of 2007 is amended, in subsection (1) —

• (a) by the insertion of “, in the Minister’s opinion” after “from office if”, and

• (b) in paragraph (c), by the deletion of “the Minister is satisfied that”.

86. Amendment of section 24 of Act of 2007

86. Section 24 of the Act of 2007 is amended—

• (a) in subsection (1) —

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

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

• “(aa) investigate complaints, and”,

and

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

• “(5) If the chief executive officer is absent or the position of chief executive officer is vacant, the functions of the chief executive officer may be performed, by an employee of the Council designated by the Council, for a period of not more than 6 months in any year as specified by the Council or such further period as specified by the Council with the consent of the Minister.

• (6) The chief executive officer may delegate in writing any of his or her functions to a specified member of staff of the Council, and that member of staff shall be accountable to the chief executive officer for the performance of the functions so delegated.

• (7) The chief executive officer may revoke in writing a delegation made in accordance with this section.”.

87. Amendment of section 36 of Act of 2007

87. Section 36 of the Act of 2007 is amended, in subsection (1) —

• (a) in paragraph (a), by the deletion of “, 49”,

• (b) in paragraph (b), by the deletion of “, 49”,

• (c) in paragraph (c), by the substitution of “or 48” for “, 48 or 49”,

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

• “(ca) the registration under section 36E of a person,

• (cb) the annual retention of the registration under section 36E of an intern,

  • (cc) the recognition under section 36C or 44A of a qualification (other than a professional qualification referred to in paragraph (cf)) held by a person,

  • (cd) the registration under section 36M of a relevant person,

• (ce) the annual retention of the registration under section 36M of an adapter,

• (cf) the recognition under the Regulations of 2017 of a professional qualification (within the meaning of Regulation 3 of those Regulations) as a medical practitioner or specialised doctor,”,

and

• (e) in paragraph (e), by the insertion of “, intern or adapter” after “medical practitioner”.

88. Registration of interns

88. The Act of 2007 is amended by the insertion of the following Part after Part 5:

“PART 5A

Registration of Interns

Definitions

36A. In this Part—

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

‘register’ means the register of interns;

‘registered’ means registered under section 36E.

Register of interns

36B. (1) The Council shall establish and maintain a register to be known as the register of interns.

• (2) The register shall contain the names of persons registered in it pursuant to section 36E and such other identifying particulars of those persons as the Council considers appropriate.

• (3) The register may be established and maintained in paper or electronic form.

• (4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

  • (a) a person named in the certificate—

    • (i) was an intern, or

    • (ii) was not an intern,

    or

  • (b) the registration of an intern named in the certificate was subject to the relevant conditions specified in the certificate,

  shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate. (5) The Council shall, as soon as is practicable after a person has been registered and the appropriate fee paid, give the person a certificate stating—

  • (a) the person’s name,

  • (b) the registration number attached to the person’s registration, and

  • (c) such other identifying particulars of the person as the Council considers appropriate.

• (6) Where relevant conditions have been attached to the registration of an intern, the Council shall enter in the register—

  • (a) a statement that the intern’s registration is subject to conditions, and

  • (b) particulars of the conditions.

• (7) An intern shall, as soon as may be after the intern has received his or her certificate of registration and if it is practicable to do so, cause the certificate to be displayed—

  • (a) at the principal place where the intern practises medicine, and

  • (b) at all times during which the intern’s registration continues and at no other time.

• (8) An intern shall, as soon as may be after he or she has received his or her certificate of registration, cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic form, relating to that intern’s practice as an intern.

• (9)

  • (a) In this subsection—

  ‘person concerned’ means a person whose name is, immediately before the relevant commencement, entered in the Trainee Specialist Division pursuant to section 49;

  ‘relevant commencement’ means the date of commencement of section 88 of the Regulated Professions (Health and Social Care)(Amendment) Act 2020.

  • (b) Subject to paragraph (c), this Act as in force immediately before the relevant commencement shall continue to apply and have effect in respect of a person concerned as if section 88 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 had not been commenced.

  • (c) Paragraph (b) shall cease to apply to a relevant person immediately upon—

    • (i) the person’s name ceasing to be entered in the Trainee Specialist Division pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48), or

    • (ii) the person being granted a certificate of experience,

    whichever first occurs.

  • (d) The Trainee Specialist Division shall cease to have any force or effect, in so far as it relates to a person concerned whose name is entered in it pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48) immediately upon—

    • (i) there being no person concerned to whom paragraph (b) still applies, or

    • (ii) the 5th anniversary of the relevant commencement,

    whichever first occurs.

  • (e) The Council shall, as soon as practicable after paragraph (d) applies to a person concerned, remove from the Trainee Specialist Division all entries therein that relate to that person and that were entered therein pursuant to section 49.

  Application for recognition of qualification

  36C. (1) A person may make an application to the Council, accompanied by the appropriate fee, for the recognition of a qualification, held by that person, as an intern qualification.

• (2) The Council shall recognise the qualification, the subject of an application under subsection (1), as an intern qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 36D.

• (3) 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.

Requirements to be met for recognition of qualification

36D. A qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as an ‘intern qualification’) for the purposes of registering that person if the person—

- (a) has been awarded an approved medical degree completed mainly in the State, or

- (b) has been awarded a qualification—

    - (i) arising from the completion of a course of study in a Member State, and

    - (ii) which is not recognised as a qualification under Part 7 of the Regulations of 2017 but would be so recognised under Directive 2005/36/EC by the person’s home Member State (within the meaning of Regulation 3(1) of the Regulations of 2017) if the person were granted a certificate of experience.

      **Application for registration**

      **36E.** (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered.

• (2) The Council shall determine an application under subsection (1) from a person by registering the person if—

  • (a) the Council is satisfied that the person holds an intern qualification,

  • (b) the person satisfies the Council that he or she intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training,

  • (c) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State,

  • (d) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and

  • (e) rules made under section 11 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 the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.

Provisions supplementary to sections 36B and 36E

36F. (1) To the extent of enabling an intern to participate in an intern training programme but no further, every reference to a medical practitioner or a registered medical practitioner contained in any enactment (other than this Act) or any statutory instrument (other than a statutory instrument under this Act) or any other document shall, unless the context otherwise requires, be construed as including a reference to the intern.

• (2) Subject to subsection (3), where an intern has completed a period of internship in the State to the satisfaction of the Council, the Council shall grant the intern a certificate of experience.

• (3) The Council shall not grant a certificate of experience to an intern unless the Council is satisfied that the intern has, for the period or periods specified in rules made under section 11 for the purposes of this subsection, been employed as an intern—

  • (a) in a hospital, health institution, clinic, general medical practice, or other health service setting, as is specified in rules made under section 11 for the purposes of this subsection, and

  • (b) such hospital, health institution, clinic, general medical practice, or other health service setting, as the case may be, has been inspected and approved by the Council as acceptable for intern training standards.

• (4) Without prejudice to the generality of section 56B, the Council may remove an intern’s registration by deleting his or her name from the register if—

  • (a) the intern makes an application to the Council to have the registration removed,

  • (b) the intern is not, or is no longer, practising medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training, or

  • (c) the intern has not completed a period of internship in the State to the satisfaction of the Council.

  Conditions attached to registration

  36G. (1) A person making an application for registration shall declare in the application—

  • (a) whether the person has a relevant medical disability, and

  • (b) whether any material matter has occurred in relation to the person.

• (2) Where the Council is satisfied that—

  • (a) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

  • (b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,

  the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

• (3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council shall, if the person is registered, at the same time as such registration comply with section 36B(6) in respect of the conditions.

• (4) Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council may refuse to register that person.

• (5) An intern who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—

  • (a) 30 days after the medical disability becomes a relevant medical disability, or

  • (b) where the relevant medical disability renders it impracticable for the intern to notify the Council within those 30 days, as soon as is practicable in the circumstances.

• (6) Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the intern should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the intern in those interests, specify the proposed conditions and propose that the intern accept that those conditions be attached to his or her registration.

• (7) Where the intern the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the intern’s registration, the Council shall attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions.

• (8) Where the intern the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Council may, notwithstanding that refusal, attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions.

Appeal to Court against certain decisions of Council

36H. (1) In this section, ‘relevant decision’ means a decision of the Council to—

- (a) refuse to recognise a qualification held by a person as an intern qualification under section 36C(2),

- (b) refuse to register a person under section 36E(2) or 36G(4),

- (c) refuse to grant a certificate of experience to an intern, or

- (d) attach conditions to the registration of an intern pursuant to section 36G(8).

• (2) When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

• (3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2), appeal to the Court against the decision.

• (4) The Court may, on the hearing of an appeal under subsection (3) by a person—

  • (a) either—

    • (i) confirm the relevant decision the subject of the appeal, or

    • (ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

      • (I) recognise a qualification held by the person as an intern qualification,

      • (II) register the person and with no conditions attached to the registration,

      • (III) register the person with such conditions attached to the registration as the Court considers appropriate,

      (IV)remove some or all, or replace some or all, of the conditions attached to the registration of the person,

      (V)require the Council to issue a certificate of experience to the person, or

      • (VI) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

      and

  • (b) give the Council such directions or, in the case at paragraph (a)(ii)(VI), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

• (5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the person concerned of the Council’s compliance with the direction.

Correction of register

36I. (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires—

- (a) correct all clerical errors in the register,

- (b) remove from the register all entries therein procured by fraud or misrepresentation,

- (c) enter in the register every change which comes to the Council’s knowledge in the addresses of interns, and

- (d) remove the registration of all interns whose death has been notified to, or comes to the knowledge of, the Council.

• (2) Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the intern concerned, or the intern’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

• (3) The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.

• (4) Where any particulars entered in the register in respect of an intern change, the intern shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.

• (5) An intern shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the intern’s registration not later than 30 days after that matter comes to the knowledge of the intern.

Publication of register

36J. (1) Subject to subsection (2), the Council shall ensure that the register is published in the prescribed manner.

• (2) The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of interns or other similar details that, in its opinion, should, in the interests of the security of the interns, be protected from disclosure.”.

89. Registration of adapters

89. The Act of 2007 is amended by the insertion of the following Part before Part 6:

“PART 5B

Registration of Adapters

Interpretation - Part 5B

36K. (1) In this Part—

‘adaptation period’ has the meaning assigned to it by Regulation 23 of the Regulations of 2017;

‘register’ means the register of adapters;

‘registered’ means registered under section 36M;

‘relevant person’ means a person—

• (a) to whom Part 5 of the Regulations of 2017 applies who is seeking to pursue the professional activity of medical practitioner in the State, and

• (b) who is required to complete a period of adaptation in consequence of the Council exercising its power under Regulation 22 of the Regulations of 2017 to require him or her to do so.

• (2) A reference in this Part to an adapter’s adaptation period means the adaptation period stated in his or her certificate of registration pursuant to section 36L(5)(d).

Register of adapters

36L. (1) The Council shall establish and maintain a register to be known as the register of adapters.

• (2) The register shall contain the names of relevant persons registered in it pursuant to section 36M and such other identifying particulars of those persons as the Council considers appropriate.

• (3) The register may be established and maintained in paper or electronic form.

• (4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

  • (a) a person named in the certificate—

    • (i) was an adapter, or

    • (ii) was not an adapter,

    or

  • (b) the registration of an adapter named in the certificate was subject to the relevant conditions specified in the certificate,

  shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

• (5) The Council shall, as soon as is practicable after a relevant person has been registered and the appropriate fee paid, give the person a certificate stating—

  • (a) the person’s name,

  • (b) the registration number attached to the person’s registration,

  • (c) such other identifying particulars of the person as the Council considers appropriate,

  • (d) the adaptation period, not exceeding 3 years, required to be completed by the person, and

  • (e) particulars of the training in medical practice to which such adaptation period relates.

• (6) Where relevant conditions have been attached to the registration of an adapter, the Council shall enter in the register—

  • (a) a statement that the adapter’s registration is subject to conditions, and

  • (b) particulars of the conditions.

• (7) An adapter shall, as soon as may be after the adapter has received his or her certificate of registration and if it is practicable to do so, cause the certificate to be displayed—

  • (a) at the principal place where the adapter practises medicine, and

  • (b) at all times during which the adapter’s registration continues and at no other time.

• (8) An adapter shall, as soon as may be after he or she has received his or her certificate of registration, cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic form, relating to that adapter’s practice as an adapter.

• (9) The Council shall, as soon as is practicable after the expiration of an adapter’s adaptation period, remove from the register all entries therein relating to that adapter.

Application for registration

36M. (1) A relevant person may make an application to the Council, accompanied by the appropriate fee, to be registered in the register.

• (2) The Council shall determine an application under subsection (1) from a relevant person by registering the person if—

  • (a) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State,

  • (b) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and

  • (c) rules made under section 11 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 relevant person who has made an application under subsection (1), request the person to give the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.

Provisions supplementary to sections 36L and 36M

36N. (1) To the extent of enabling an adapter to practise medicine in the State for his or her adaptation period but no further, every reference in the State to a medical practitioner or a registered medical practitioner contained in any enactment (other than this Act) or any statutory instrument (other than a statutory instrument under this Act) or any other document shall, unless the context otherwise requires, be construed as including a reference to the adapter.

• (2) Subject to subsection (3), where an adapter has completed his or her adaptation period to the satisfaction of the Council, the Council shall grant the adapter a certificate of adaptation.

• (3) The Council shall not grant a certificate of adaptation to an adapter unless the Council is of the opinion that the adapter has, during his or her adaptation period, satisfactorily completed the training in medical practice to which such adaptation period relates.

• (4) Without prejudice to the generality of section 56B, the Council may remove an adapter’s registration (that is, by deleting his or her name from the register) if—

  • (a) the adapter makes an application to the Council to have the registration removed,

  • (b) the adapter is not, or is no longer, practising medicine as an adapter, or

  • (c) the Council is of the opinion that the adapter has not, during his or her adaptation period, satisfactorily completed the training in medical practice (under the supervision and responsibility of a registered medical practitioner) to which such adaptation period relates.

  Conditions attached to registration

  36O. (1) A relevant person making an application for registration shall declare in the application—

  • (a) whether the person has a relevant medical disability, and

  • (b) whether any material matter has occurred in relation to the person.

• (2) Where the Council is satisfied that—

  • (a) a relevant person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

  • (b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,

  the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

• (3) Where the relevant person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council shall, if the person is registered, at the same time as such registration comply with section 36L(6) in respect of the conditions.

• (4) Where the relevant person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council may refuse to register that person.

• (5) An adapter who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—

  • (a) 30 days after the medical disability becomes a relevant medical disability, or

  • (b) where the relevant medical disability renders it impracticable for the adapter to notify the Council within those 30 days, as soon as is practicable in the circumstances.

• (6) Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the adapter should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the adapter in those interests, specify the proposed conditions and propose that the adapter accept that those conditions be attached to his or her registration.

• (7) Where the adapter the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the adapter’s registration, the Council shall attach those conditions to the registration of the adapter and, at the same time, comply with section 36L(6) in respect of the conditions.

• (8) Where the adapter the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Council may, notwithstanding that refusal, attach those conditions to the registration of the adapter and, at the same time, comply with section 36L(6) in respect of the conditions.

Appeal to Court against certain decisions of Council

36P. (1) In this section, ‘relevant decision’ means a decision of the Council to—

- (a) refuse to register a relevant person under section 36M(2) or 36O(4),

- (b) refuse to grant a certificate of adaptation to an adapter, or

- (c) attach conditions to the registration of an adapter pursuant to section 36O(8).

• (2) When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

• (3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2), appeal to the Court against the decision.

• (4) The Court may, on the hearing of an appeal under subsection (3) by a person—

  • (a) either—

    • (i) confirm the relevant decision the subject of the appeal, or

    • (ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

      • (I) register the person and with no conditions attached to the registration,

      • (II) register the person with such conditions attached to the registration as the Court considers appropriate,

      • (III) remove some or all, or replace some or all, of the conditions attached to the registration of the person,

      • (IV) require the Council to issue a certificate of adaptation to the person, or

      • (V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

      and

  • (b) give the Council such directions or, in the case at paragraph (a)(ii)(V), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

• (5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the person concerned of the Council’s compliance with the direction.

Correction of register

36Q. (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires—

- (a) correct all clerical errors in the register,

- (b) remove from the register all entries therein procured by fraud or misrepresentation,

- (c) enter in the register every change which comes to the Council’s knowledge in the addresses of adapters, and

- (d) remove the registration of all adapters whose death has been notified to, or comes to the knowledge of, the Council.

• (2) Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the adapter concerned, or the adapter’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

• (3) The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.

• (4) Where any particulars entered in the register in respect of an adapter change, the adapter shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.

• (5) An adapter shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the adapter's registration not later than 30 days after that matter comes to the knowledge of the adapter.

Publication of register

36R. (1) Subject to subsection (2), the Council shall ensure that the register is published in the prescribed manner.

• (2) The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of adapters or other similar details that, in its opinion, should, in the interests of the security of the adapters, be protected from disclosure.”.

90. Prohibition against practice of medicine by persons other than registered medical practitioners, etc.

90. The Act of 2007 is amended by the substitution of the following section for section 37:

“37. (1) Subject to sections 38 and 38B, a person (including a medical practitioner) shall not practise medicine unless he or she is—

• (a) a registered medical practitioner,

• (b) an intern, or

• (c) an adapter.

• (2) Subject to section 50, a person shall not advertise his or her services as a medical practitioner unless he or she is a registered medical practitioner.”.

91. Amendment of section 38 of Act of 2007

91. Section 38 of the Act of 2007 is amended—

• (a) by the substitution of “A person does not contravene section 37(1)” for “A medical practitioner does not contravene section 37(a)”,

• (b) in paragraphs (a), (b), (c) and (d), by the substitution of “the person” for “the practitioner”,

• (c) by the deletion of paragraph (e), and

• (d) in paragraph (f) —

• (i) by the substitution of “the person” for “the practitioner”, and

• (ii) by the substitution of “paragraphs (a) to (d)” for “paragraphs (a) to (e)”.

92. Circumstances in which persons may practise medicine

92. The Act of 2007 is amended by the insertion of the following section after section 38A:

“38B. (1) A person does not contravene section 37(1) if the person practises medicine only in the course of rendering first aid to another person.

• (2) Subsection (3) applies to a person who is qualified to practise medicine under the law of a place outside the State and—

  • (a) who is in the State for a humanitarian purpose,

  • (b) who is a specialist in a medical specialty recognised under section 89(1) and in the State to provide medical treatment for the purpose of teaching or training in relation to that specialty, or

  • (c) who is in the State for the purpose of accompanying a sports team participating in a sporting event in the State.

• (3) A person to whom this subsection applies does not contravene section 37(1) if the person practises medicine—

  • (a) relevant to a purpose referred to in subsection (2)(a), (b) or (c), and

  • (b) in accordance with a permit issued by the Council to that person and specifying the purpose referred to in subsection (2)(a), (b) or (c) concerned,

  for not more than the period specified in that permit (being a period not exceeding 30 days).”.

93. Amendment of section 41 of Act of 2007

93. Section 41 of the Act of 2007 is amended—

• (a) in subsection (1), by the substitution of the following paragraph for paragraph (a):

• “(a) contravenes section 37(1) or (2) or 40(2),”,

and

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

• “(4) A person is guilty of an offence if the person makes or causes to be made—

  • (a) any false declaration or misrepresentation for the purpose of obtaining registration (including registration under Part 5A or 5B), or

  • (b) any false declaration under section 54A.”.

94. Amendment of section 42 of Act of 2007

94. Section 42 of the Act of 2007 is amended, in subsection (2)(b), by the insertion of “or in section 38B” after “paragraphs (a) to (g) of section 38”.

95. Amendment of section 43 of Act of 2007

95. Section 43 of the Act of 2007 is amended—

• (a) in subsection (2)(c), by the substitution of “section 44 or 48” for “section 44, 48 or 49”, and

• (b) in subsection (8), by the substitution of “his or her certificate of registration” for “the certificate referred to in subsection (5)”.

96. Amendment of Act of 2007 - insertion of sections 44A to 44C

96. The Act of 2007 is amended by the insertion of the following sections after section 44:

“Application for recognition of qualification

44A. (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 general qualification, or

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

• (2) The Council shall recognise the qualification, the subject of an application under subsection (1)(a), as a general qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44B.

• (3) The Council shall recognise the qualification, the subject of an application under subsection (1)(b), as a specialist qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44C.

• (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.

Requirements to be met for recognition of qualification as general qualification

44B. (1) Subject to subsection (2), a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘general qualification’) for the purposes of registering that person in the General Division if the person—

- (a) has an Irish formal qualification,

- (b) has a qualification in medicine from a state other than the State and has passed an examination specified in rules made under section 11 for the purposes of this paragraph, or

- (c) has a qualification in medicine from a state other than the State and is exempted from paragraph (b) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this paragraph, for such exemption.

• (2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification in basic medical training recognised—

  • (a) in accordance with Regulation 10 or 21 of those Regulations,

  • (b) under Regulation 30(1) of those Regulations, or

  • (c) under Part 14 of those Regulations,

  is a general qualification for the purposes of this Act. Requirements to be met for recognition of qualification as specialist qualification

  44C. (1) Subject to subsection (2), a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘specialist qualification’) for the purposes of registering that person in the Specialist Division if—

  • (a) the person—

    • (i) has been granted evidence of the satisfactory completion of specialist training undertaken in the State by a body approved under section 89(3)(a)(ii), or

    • (ii) has been awarded a qualification in medicine and satisfies the Council that he or she has—

      • (I) completed a programme of specialist training, and

      • (II) acquired sufficient experience in specialised medicine,

      to a standard that satisfies the Council is adequate for recognition as a specialist qualification,

      and

  • (b) the specialist training or specialist qualification is in relation to a medical specialty recognised by the Council under section 89(1).

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

  • (a) in accordance with Regulation 10 or 21 of those Regulations,

  • (b) under Regulation 30(3) of those Regulations, or

  • (c) under Part 14 of those Regulations,

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

97. Application for registration (other than in Supervised Division)

97. The Act of 2007 is amended by the substitution of the following section for section 45:

“45. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered in a division of the register other than the Supervised Division.

• (2) An application under subsection (1) by a person shall be accompanied by—

  • (a) subject to paragraph (b), evidence, in the manner specified by rules (if any) made under section 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or

  • (b) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.

• (3) Subsection (2) applies, with all necessary modifications, to a renewal or restoration of registration as it applies to a first registration.

• (4) The Council shall determine an application under subsection (1) from a person by registering the person in that division of the register (other than the Supervised Division) which is considered by the Council to be appropriate if—

  • (a) the Council is satisfied that the person holds a general qualification or 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 for practising medicine 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 that he or she is a fit and proper person to practise medicine in the State, and

  • (d) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.

• (5) Subject to subsection (6), the Council shall not register a person in more than one division of the register.

• (6) A medical practitioner who is registered in the Specialist Division may also be registered in the Trainee Specialist Division if, and only if, the practitioner is undergoing specialist training in a medical specialty other than the specialty in respect of which the practitioner is registered in the Specialist Division.

• (7) Notwithstanding any other provision of this Act, the Council shall not register a person unless the Council is satisfied that the person has provided—

  • (a) subject to paragraph (b), evidence, in the manner specified by rules (if any) made under section 11(2)(va), that the minimum level of indemnity (if any) applicable to that person is in place, or

  • (b) if the person does not fall within any class of medical practitioners in so far as a minimum level of indemnity is concerned, evidence of that fact.

• (8) 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.”.

98. Medical practitioners to be registered in General Division

98. The Act of 2007 is amended by the substitution of the following section for section 46:

“46. The Council shall register in the General Division a medical practitioner (other than a visiting EEA practitioner) who meets all the requirements of section 45 that apply to him or her but who is not able to be registered—

• (a) in the Specialist Division pursuant to section 47, or

• (b) in the Trainee Specialist Division pursuant to section 48.”.

99. Medical practitioners to be registered in Specialist Division

99. The Act of 2007 is amended by the substitution of the following section for section 47:

“ 47. (1) The Council shall register in the Specialist Division a medical practitioner (other than a visiting EEA practitioner) who meets all the requirements of section 45 that apply to him or her and who holds a specialist qualification.

• (2) The Council may, until the 1st anniversary of the commencement of section 99 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020, grant registration in any particular list of the Specialist Division to a medical practitioner who—

  • (a) is registered, or is able to be registered, in the General Division,

  • (b) on or before 31 December 2008, both met the qualifying criteria for appointment to a medical post in the State as a consultant and occupied such post, and

  • (c) satisfies the Council that he or she has sufficient competency such that he or she should be registered as a specialist in that list.

• (3) For the purposes of subsection (2), the Council shall, until the 1st anniversary referred to in that subsection, work with the bodies approved under section 89(3)(a) to assist medical practitioners registered in the General Division to achieve the necessary standard for registration in the Specialist Division.”.

100. Medical practitioners to be registered in Trainee Specialist Division

100. The Act of 2007 is amended by the substitution of the following section for section 48:

“48. (1) The Council shall register in the Trainee Specialist Division a medical practitioner who meets all the requirements of section 45 that apply to him or her and who—

• (a) holds a general qualification or specialist qualification, and

• (b) practises medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training.

• (2) A medical practitioner who is registered in the Trainee Specialist Division but who ceases to practise medicine in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training shall, as soon as is practicable after so ceasing to practise medicine but, in any case, not later than 14 days after so ceasing to practise medicine, give notice in writing to the Council of that fact.

• (3) Where—

  • (a) the Council receives a notice under subsection (2) from a medical practitioner, or

  • (b) a medical practitioner fails to comply with subsection (2),

  sections 45(5) and 46 shall apply to and in relation to the Council and the practitioner.”.

101. Application for and registration of medical practitioners in Supervised Division

101. The Act of 2007 is amended by the substitution of the following section for section 50A:

“50A. (1) A medical practitioner may make an application to the Council, accompanied by the appropriate fee, to be registered in the Supervised Division.

• (2) Subject to subsection (10), the Council shall register a medical practitioner in the Supervised Division who holds a qualification in medicine where that person meets—

  • (a) the requirements specified in this Act relating to the registration of medical practitioners in the Supervised Division, and

  • (b) the relevant criteria specified in rules made under section 11 relating to the registration of medical practitioners in the Supervised Division.

• (3) A medical practitioner may not be registered in the Supervised Division for a period in excess of 2 years in aggregate or, with the approval in writing of the Health Service Executive, in excess of 3 years in aggregate in a particular case.

• (4) The registration of a medical practitioner in the Supervised Division shall apply to that medical practitioner only in respect of an individually numbered, identifiable post which has been approved by the Council for the purposes of this section and which post is—

  • (a) subject to subsection (7), certified by the Health Service Executive to be a publicly funded post, or

  • (b) funded by a third country which is sponsoring that person.

• (5) The Council shall not approve a post pursuant to subsection (4) unless it is satisfied that adequate arrangements for the supervision of the medical practitioner to whom the application for registration relates in the performance of his or her duties in the post have been established, having regard to the level of experience of the practitioner to whom the application for registration relates, the seniority of the post and the duties to be performed by that practitioner.

• (6) A medical practitioner whose name is entered in the Supervised Division may not practise medicine in the State other than—

  • (a) in the post referred to in subsection (4) in relation to which that practitioner is registered, and

  • (b) in accordance with the terms and conditions of employment relating to that post.

• (7) The Health Service Executive shall not certify that a post is a publicly funded post unless the remuneration and benefits in respect of the post are funded entirely, or to a substantial extent, by the Health Service Executive.

• (8) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, that practitioner shall cease to be so registered.

• (9) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, the employer of that medical practitioner shall notify the Council of that fact within 5 days of the practitioner ceasing to hold such post.

• (10) Paragraphs (b)(i), (c) and (d) of section 45(4) shall apply to a medical practitioner who has made an application under subsection (1) as those paragraphs apply to a medical practitioner who has made an application under section 45(1).”.

102. Amendment of section 52 of Act of 2007

102. Section 52 of Act of 2007 is amended—

• (a) in subsection (3), by the substitution of “the Council may consider such an application if the Council is satisfied that the removal of the practitioner’s registration would not be contrary to the public interest” for “then the Council shall not consider the application until such time as the Council has decided whether or not the practitioner’s registration should be removed (including cancelled) pursuant to another provision of this Act”,

• (b) in subsection (4), by the insertion of “unless the removal of the registration was effected (whether in whole or in part) on the ground that the removal would not be contrary to the public interest as referred to in subsection (3)” after “registration restored”, and

• (c) by the substitution of the following subsection for subsection (5):

• “(5) The Council shall determine an application under subsection (4) from a medical practitioner by restoring the practitioner’s registration unless the Council has ceased to be satisfied that the practitioner is a fit and proper person to practise medicine in the State.”.

103. Conditions attached to registration

103. The Act of 2007 is amended by the substitution of the following section for section 53:

“53. (1) A person making an application for registration shall declare in the application—

• (a) whether the person has any relevant medical disability, and

• (b) whether any material matter has occurred in relation to the person.

• (2) Where the Council is satisfied that—

  • (a) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

  • (b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,

  the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

• (3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council shall, if the person is registered, at the same time as such registration comply with section 43(6) in respect of the conditions.

• (4) Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to his or her registration, the Council may refuse to register that person.

• (5) A registered medical practitioner who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—

  • (a) 30 days after the medical disability becomes a relevant medical disability, or

  • (b) where the relevant medical disability renders it impracticable for the practitioner to notify the Council within those 30 days, as soon as is practicable in the circumstances.

• (6) Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the medical practitioner should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the medical practitioner in those interests, specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the practitioner in those interests and propose that the medical practitioner accept that those conditions be attached to his or her registration.

• (7) Where the medical practitioner the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection, the Council shall attach those conditions to the registration of the practitioner and, at the same time, comply with section 43(6) in respect of the conditions.

• (8) Where the medical practitioner the subject of a decision under subsection (6) refuses, in writing, to agree to the attachment of the proposed conditions, or does not respond within 30 days, the Council shall make a complaint under section 57(1)(c).”.

104. Appeal to Court against certain decisions of Council

104. The Act of 2007 is amended by the substitution of the following section for section 54:

“54. (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 general qualification under section 44A(2),

• (b) refuse to recognise a qualification held by a person as a specialist qualification under section 44A(3),

• (c) refuse to register a person under section 45(4), 50A(2) or 53(4),

• (d) register a person in a division of the register other than the division specified in the person’s application under section 45(1) for registration, or

• (e) refuse to restore the registration of a medical practitioner under section 52(5).

• (2) When the Council makes a relevant decision, the Council shall forthwith give notice in writing to the person, the subject of the decision, the date of the decision and the reasons for the decision.

• (3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2), appeal to the Court against the decision.

• (4) The Court may, on the hearing of an appeal under subsection (3) by a person—

  • (a) either—

    • (i) confirm the relevant decision the subject of the appeal, or

    • (ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

      • (I) recognise a qualification held by the person as a general qualification or a specialist qualification,

      • (II) register or restore the registration of the person in such division of the register as the Court considers appropriate and with no conditions attached to that registration,

      • (III) register or restore the registration of the person—

      • (A) in such division of the register as the Court considers appropriate, and

      • (B) with such conditions attached to that registration as the Court considers appropriate,

        • (IV) remove some or all, or replace some or all, of the conditions attached to the registration of the person, or

        • (V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

        and

  • (b) give the Council such directions or, in the case of paragraph (a)(ii)(V), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

• (5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the person concerned of the Council’s compliance with the direction.”.

105. Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.

105. The Act of 2007 is amended by the insertion of the following section after section 54: