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

“54A. (1) Subject to subsections (2) to (4), a registered medical practitioner, intern or adapter shall, in each year, give to the Council a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

• (2) If, in any year, subsection (1) does not apply to a registered medical practitioner, intern or adapter because there are no particulars referred to in that subsection which he or she is required to give to the Council, the practitioner, intern or adapter 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 medical practitioner, intern or adapter 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 practitioner, intern or adapter 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 medical practitioner, intern or adapter shall, in each year, comply with subsection (1), (2) or (3) —

  • (a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee determined under section 36(1)(b), (cb) or (ce), as appropriate, and

  • (b) not later than the last day of that 6 weeks.

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

  • (b) Where the Council considers that a registered medical practitioner has contravened paragraph (a), the Council shall forthwith make a complaint.

• (8) In this section—

‘final determination’, in relation to any relevant proceedings and a registered medical practitioner, intern or adapter, 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 practitioner, intern or adapter, within the ordinary time in the State or the 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 medical practitioner, intern or adapter, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the practitioner, intern or adapter is the subject—

- (a) in the State or another jurisdiction which may directly or indirectly result in the practitioner, intern or adapter—

    - (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 practitioner, intern or adapter 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 practitioner, intern or adapter being convicted, in the State, for an offence triable on indictment;

  ‘sanction’ includes any restriction or measure.”.

106. Amendment of section 55 of Act of 2007

106. Section 55 of the Act of 2007 is amended by the deletion of subsection (7).

107. Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions

107. The Act of 2007 is amended by the insertion of the following section after section 55:

“55A. (1) Where a registered medical practitioner, intern or adapter 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 that jurisdiction in relation to the practitioner, intern or adapter;

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

• (2) In this section—

‘adapter’ includes a person who has made an application under section 36M for registration which has not yet been determined by the Council;

‘intern’ includes a person who has made an application under section 36E for registration which has not yet been determined by the Council;

‘registered medical practitioner’ includes a person who has made an application under section 45 or 50A 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 medical practitioner, intern or adapter the subject of the request.”.

108. Application of Parts 7, 8 and 9 to interns and adapters

108. The Act of 2007 is amended by the insertion of the following section after section 56A:

“56B. In this Part and in Parts 8 and 9, and notwithstanding the definition of ‘registered medical practitioner’ in section 2—

• (a) a reference to a registered medical practitioner shall be construed as including a reference to an intern and an adapter, and

• (b) a reference to the register shall be construed as including a reference to the register of interns and the register of adapters,

and the provision of this Part and of Parts 8 and 9 shall, with all necessary modifications, be construed accordingly.”.

109. Amendment of section 57 of Act of 2007

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

• (a) in subsection (1) —

• (i) by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (ii) in paragraph (e), by the substitution of “section 59A(1) or 67(1)” for “section 67(1)”, and

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

• “(ea) the imposition on the practitioner 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,”,

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

• “(2A)

  • (a) The chief executive officer may, in relation to a complaint heard, being heard or to be heard by the Fitness to Practise Committee, 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 medical practitioner 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 chief executive officer 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 medical practitioner 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 chief executive officer 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 medical practitioner.

  • (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 medical practitioner, 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 practitioner for offences (if any).

• (2B) Subject to subsection (2C), where the chief executive officer receives a complaint, he or she shall comply with section 58A in respect of the complaint unless— (a) he or she is satisfied that the complaint is not made in good faith, or

  • (b) he or she is satisfied that the complaint is frivolous or vexatious.

• (2C) Subsection (2B) shall not apply to a complaint where the Council is the complainant. (2D) Where the chief executive officer decides that a complaint falls within subsection (2B)(a) or (b), he or she shall give notice in writing to the complainant (and, if the chief executive officer is of the opinion that it is in the interests of the complainant, or the registered medical practitioner to whom the complaint relates, or of both, to do so, to such practitioner) of the decision and the reasons for the decision.”, (c) in subsection (3) —

• (i) by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (ii) in paragraph (a), by the substitution of “the chief executive officer, the Preliminary Proceedings Committee” for “the Committee”, and

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

• “(b) the authorised officers act expeditiously, and”,

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

• “(3A) The chief executive officer may, in relation to the complaint concerned, inform, in addition to the complainant, other parties to the proceedings under this Act concerning the complaint, of the decisions referred to in subsection (3)(a).”,

• (e) by the deletion of subsection (4),

• (f) in subsection (5), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (g) in subsection (6) —

• (i) in paragraph (a) —

• (I) in subparagraph (i), by the substitution of “a person who has permanently ceased to be a fit and proper person to continue to practise medicine” for “permanently unfit to continue to practise medicine”, and

• (II) by the substitution of “section 71(1)(f)” for “section 71(f)”,

and

• (ii) in paragraph(b), by the substitution of “chief executive officer and direct that officer”, for “Preliminary Proceedings Committee and direct the Committee”,

• (h) in subsection (8), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”, and

• (i) by the insertion of the following subsection after subsection (8):

• “(8A) A complaint made before the commencement of section 109 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 which has not been disposed of or otherwise dealt with under this Act before that commencement shall be disposed of or otherwise dealt with under this Act as this Act was in force immediately before that commencement.”.

110. Amendment of section 58 of Act of 2007

110. Section 58 of the Act of 2007 is amended—

• (a) by the substitution of the following subsections for subsections (1) and (2):

• “(1) The chief executive officer may appoint such and so many members of staff as he or she deems appropriate to be authorised officers to investigate complaints and to assist the chief executive officer and the Preliminary Proceedings Committee in relation to complaints for such period and subject to such terms as the chief executive officer may determine.

• (2) Subject to subsection (4), the chief executive officer shall specify the functions to be performed by authorised officers.”,

• (b) in subsection (3) —

• (i) by the substitution of the following paragraphs for paragraph (a):

• “(a) investigating complaints,

• (aa) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the chief executive officer or Preliminary Proceedings Committee;”,

and

• (ii) by the substitution of the following paragraphs for paragraphs (d) to (f):

• “(d) reporting to the chief executive officer;

• (e) requesting persons to provide the chief executive officer with statements in writing concerning any matter relevant to the chief executive officer’s or Preliminary Proceedings Committee’s functions and examining statements given in response to the requests;

• (f) providing the chief executive officer or Preliminary Proceedings Committee with any other advice or assistance required in relation to the preparation of the chief executive officer’s or Preliminary Proceedings Committee’s reports.”,

• (c) in subsection (4) —

• (i) by the substitution of “An authorised officer” for “A person appointed under subsection (1)”,

• (ii) in paragraph (a), by the deletion of “or take affirmations”, and

• (iii) in paragraph (b), by the substitution of “chief executive officer” for “Preliminary Proceedings Committee”,

• (d) in subsection (5), by the substitution of “An authorised officer” for “A person appointed under subsection (1)”,

• (e) by the substitution of the following subsection for subsection (6):

• “(6) The chief executive officer shall provide each authorised officer with a warrant—

  • (a) identifying the authorised officer, and

  • (b) specifying the functions that the authorised officer has the authority to perform by virtue of subsection (2) and, if applicable, subsections (4)(b) and (5).”,

and

• (f) by the substitution of the following subsection for subsection (7):

• “(7) Where an authorised officer performs a function specified in that authorised officer’s warrant provided under subsection (6), the authorised officer shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.”.

111. Investigation of complaints

111. The Act of 2007 is amended by the insertion of the following section after section 58:

“58A. (1) Subject to section 57(2B), the chief executive officer, following the receipt of a complaint, shall cause such investigation as he or she deems appropriate to be carried out and, for the purposes of the investigation, shall appoint an authorised officer to carry out the investigation.

• (2)

  • (a) The chief executive officer and the authorised officer appointed under subsection (1) may, for the purposes of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered medical practitioner the subject of the complaint that arise from the investigation of the complaint as they consider appropriate.

  • (b) References to a complaint in this section (other than subsection (10)), in the definitions of ‘allegation’ and ‘inquiry’ in section 2 and in sections 7(2)( j), 11(2)(g), 20(2), 52(3)(a), 59A to 65, 67 to 71 and 79(2) shall be construed as including references to any of the matters referred to in paragraph (a).

• (3) The authorised officer shall investigate the complaint and prepare a report for the chief executive officer.

• (4) The authorised officer may, by notice in writing given to a complainant, do one or more of the following:

  • (a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;

  • (b) request the complainant to provide, within a reasonable period specified in the notice, further information relating to the matter the subject of the complaint;

  • (c) require that the information requested under paragraph (b) be provided by means of a statutory declaration.

• (5) The chief executive officer may refuse to consider or further consider a complaint if the complainant, without reasonable excuse, does not comply with a notice under subsection (4) given to the complainant.

• (6) The authorised officer shall give notice in writing to the registered medical practitioner, the subject of a complaint, of the complaint, its nature and, if known, the name of the complainant.

• (7) The registered medical practitioner the subject of a complaint may provide to the authorised officer any information that the practitioner believes should be considered by the Preliminary Proceedings Committee or the Fitness to Practise Committee.

• (8) The authorised officer may, by notice in writing given to a registered medical practitioner the subject of a complaint, require the practitioner to provide the authorised officer, within a reasonable period specified in the notice, with such information relating to the complaint as is specified in the notice.

• (9) A registered medical practitioner shall comply with a notice under subsection (8) given to the practitioner.

• (10) Where a complaint is withdrawn before it is considered by the Preliminary Proceedings Committee, the chief executive officer may—

  • (a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

  • (b) proceed as if the complaint had not been withdrawn.

• (11) The chief executive officer shall, following the receipt of the investigation report from the authorised officer, forward the complaint and the investigation report and any other information which the chief executive officer deems appropriate to the Preliminary Proceedings Committee for consideration.

• (12) Subsections (1)(c), (2) (in so far as the last-mentioned subsection relates to the production of records) and (9) of section 66 shall apply to and in relation to the chief executive officer as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee and the other provisions of section 66 (including subsections (4) to (6)) shall, with all necessary modifications, be construed accordingly.”.

112. Amendment of section 59 of Act of 2007

112. Section 59 of the Act of 2007 is amended—

• (a) in subsection (1), by the insertion of “and investigation report and any other information from the chief executive officer” after “receiving a complaint”,

• (b) in subsection (1A)—

• (i) by the substitution of “the investigation of the complaint and the investigation report and other information as it considers” for “its investigation of the complaint as it considers”, and

• (ii) by the substitution of “59A to 65” for “60 to 65”,

• (c) by the deletion of subsections (3) to (8),

• (d) by the insertion of the following subsections after subsection (9):

• “(9A) Where the Preliminary Proceedings Committee is of the opinion that additional information or an additional investigation, or both, is or are required concerning a complaint, it shall advise the chief executive officer that it is of that opinion.

• (9B) Where the chief executive officer is advised under subsection (9A), he or she shall—

  • (a) seek to obtain the additional information required and give it to the Preliminary Proceedings Committee, or

  • (b) ensure that the additional investigation required is undertaken and the further investigation report arising from the additional investigation is given to the Preliminary Proceedings Committee,

  or both if so required by that advisement.”,

• (e) in subsection (10), by the deletion of “, with the Council’s agreement”, and

• (f) in subsection (11), by the insertion of “and the other provisions of section 66 (including subsections (4) to (6)) shall, with all necessary modifications, be construed accordingly” after “chairperson of the Fitness to Practise Committee”.

113. Undertakings and consents

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

“59A. (1) The Preliminary Proceedings Committee may request the registered medical practitioner the subject of the complaint to do one or more than one of the following:

• (a) if appropriate, undertake not to repeat the conduct the subject of the complaint;

• (b) undertake to be referred to a professional competence scheme and to undertake any requirements relating to the improvement of the practitioner’s competence and performance which may be imposed;

• (c) consent to undergo medical treatment;

• (d) consent to being censured by the Council.

• (2) Where a registered medical practitioner gives an undertaking or consent the subject of a request under subsection (1) by the Preliminary Proceedings Committee—

  • (a) the investigation of the complaint shall be considered to be completed,

  • (b) section 63 shall not apply to the complaint, and

  • (c) the Committee shall submit to the Council a report in writing specifying—

    • (i) the nature of the complaint that resulted in the investigation, and

    • (ii) the measures included in the undertaking or consent.

• (3) Where a registered medical practitioner refuses to give an undertaking or consent the subject of a request under subsection (1), the Preliminary Proceedings Committee may proceed as if the request had not been made.”.

114. Amendment of section 60 of Act of 2007

114. Section 60 of the Act of 2007 is amended by the insertion of the following subsection after subsection (4):

• “(5)

  • (a) Paragraph (b) applies where—

    • (i) a registered medical practitioner becomes the subject of an order under subsection (3)(a) or (3A)(a), and

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

      • (I) the practitioner is registered in another jurisdiction as a medical practitioner or has made an application to be registered as a medical practitioner 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 Regulations of 2017, provide that body with a copy of that order and copies of other documents relevant to that order.”.

115. Amendment of section 61 of Act of 2007

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

• (a) In subsection (1), by the substitution of the following paragraphs for paragraph (b):

• “(b) the complaint should be referred to another body or authority,

• (ba) the medical practitioner the subject of the complaint should be referred to a professional competence scheme, or”,

and

• (b) in subsection (2) —

• (i) in paragraph (b), by the substitution of “complaint” for “complainant”, and

• (ii) in paragraph (c), by the insertion of “medical practitioner the subject of the” after “refer the”.

116. Amendment of section 63 of Act of 2007

116. Section 63 of the Act of 2007 is amended—

• (a) by the substitution of “Subject to section 59A(2)(b), where” for “Where”, and

• (b) by the insertion of “together with all other material (including investigation reports) that the Committee is of the opinion are relevant to the complaint and that the Fitness to Practise Committee needs to consider to dispose of or otherwise deal with the complaint” after “Fitness to Practise Committee”.

117. Fitness to Practise Committee may order that certain information not be published

117. The Act of 2007 is amended by the insertion of the following section after section 65:

“65A. (1) Subject to subsections (2) and (3), where the Fitness to Practise Committee is satisfied that there is reasonable cause to believe that all or part of the information (in this section referred to as the ‘relevant information’) relating to all or part of a hearing (in this section referred to as the ‘relevant hearing’) before the committee being held in public should not be disclosed, it may order that the relevant information shall not be disclosed.

• (2) A person may disclose all or part of any relevant information if the disclosure is in such form as to prevent particulars relating to the identity of a party to the proceedings at the relevant hearing being ascertained from it.

• (3) Nothing in this section shall be construed as prohibiting a disclosure of relevant information pursuant to a court order.

• (4) A person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment not exceeding 6 months or both.”.

118. Amendment of section 67 of Act of 2007

118. Section 67 of the Act of 2007 is amended by the insertion of the following subsection after subsection (1):

• “(1A) Where a registered medical practitioner gives an undertaking or consent the subject of a request under subsection (1) by the Fitness to Practise Committee, the inquiry into the complaint shall be considered to be completed.”.

119. Amendment of section 68 of Act of 2007

119. Section 68 of the Act of 2007 is amended by the deletion of “, with the Council’s agreement”.

120. Amendment of section 69 of Act of 2007

120. Section 69 of the Act of 2007 is amended, in subsection (2)(a), by the substitution of the following subparagraphs for subparagraphs (ii) and (iii):

• “(ii) the evidence presented to the Committee,

• (iii) the Committee’s findings as to whether any allegation is proved, whether on the grounds on which the complaint was made or on any other grounds referred to in section 57, and

• (iv) if there is an undertaking or consent under section 67(1), the measures included in the undertaking or consent,”.

121. Steps to be taken by Council after receiving report

121. The Act of 2007 is amended by the substitution of the following section for section 70:

“70. The Council shall, on receiving the report referred to in section 69(1) of the Fitness to Practise Committee in relation to a complaint—

• (a) if there is an undertaking or consent under section 67(1), comply with section 71(2) in respect of the measures concerned, and

• (b) in any other case—

  • (i) if the Committee finds that no allegation against the registered medical practitioner the subject of the complaint is proved, dismiss the complaint,

  • (ii) if the Committee finds that any allegation against the practitioner is proved, decide under section 71(1) or 71A(1), as may be appropriate, one or more than one sanction to be imposed on the practitioner.”.

122. Measures to be taken by Council after receiving report referred to in section 59A(2)(c)

122. The Act of 2007 is amended by the insertion of the following section after section 70A:

“70B. (1) Subsection (2) applies as soon as is practicable after the Council has received and considered the report referred to in section 59A(2)(c) of the Preliminary Proceedings Committee in relation to a complaint concerning—

• (a) a registered medical practitioner, or

• (b) a medical practitioner referred to in section 70A.

• (2) The measures to be taken in respect of the medical practitioner shall be those contained in the report.”.

123. Duty of Council to decide on appropriate measures to be taken

123. The Act of 2007 is amended by the substitution of the following section for section 71:

“71. (1) Subject to sections 57(6)(a) and 72 and subsection (2), the Council shall, as soon as is practicable after receiving and considering the report referred to in section 69(1) of the Fitness to Practise Committee in relation to a complaint concerning a registered medical practitioner where section 70(b)(ii) is applicable, decide that one or more than one of the following sanctions be imposed on the practitioner:

• (a) an advice or admonishment, or a censure, in writing;

• (b) a censure in writing and a fine not exceeding €5,000;

• (c) the attachment of conditions to the practitioner’s registration, including restrictions on the practice of medicine that may be engaged in by the practitioner;

• (d) the transfer of the practitioner’s registration to another division of the register;

• (e) the suspension of the practitioner’s registration for a specified period;

• (f) the cancellation of the practitioner’s registration;

• (g) a prohibition from applying for a specified period for the restoration of the practitioner’s registration.

• (2) Where the report referred to in section 69(1) follows an undertaking or consent under section 67(1), then the measures to be taken in respect of the registered medical practitioner shall be those contained in the report.”.

124. Amendment of section 71A of Act of 2007

124. Section 71A 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 “Subject to subsection (2), in the case” for “In the case”, and

• (ii) by the substitution of “section 70(b)(ii)” for “section 70(b)”,

and

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

• “(2) Where the report referred to in section 69(1) follows an undertaking or consent under section 67(1), then the measures to be taken in respect of the medical practitioner shall be those contained in the report.”.

125. Amendment of section 72 of Act of 2007

125. Section 72 of the Act of 2007 is amended—

• (a) in subsection (1) —

• (i) by the substitution of “section 71(1)(b), (c)” for “section 71(b), (c)”, and

• (ii) in paragraphs (a), (b), (c), (d) and (e), by the substitution of “section 71(1)” for “section 71”,

and

• (b) in subsection (2) —

• (i) by the substitution of “section 71(1)(f)” for “section 71(f)”, and

• (ii) in paragraph (a), by the substitution of “a person who is not a fit and proper person to practise medicine” for “unfit to continue to practise medicine”.

126. Amendment of section 72A of Act of 2007

126. Section 72A of the Act of 2007 is amended—

• (a) by the substitution of “section 71A(1)(b), (c)” for “section 71A(b), (c)”, and

• (b) in paragraphs (a), (b) and (c), by the substitution of “section 71A(1)” for “section 71A”.

127. Amendment of section 73 of Act of 2007

127. Section 73 of the Act of 2007 is amended by the substitution of the following subsection for subsection (2):

• “(2) Where the Council has decided to impose a sanction on a registered medical practitioner (other than a sanction arising from measures referred to in section 71(2) or 71A(2)), the Council shall give notice in writing to the practitioner of the practitioner’s entitlement, under section 75, to appeal to the Court against the decision.”.

128. Amendment of section 74 of Act of 2007

128.Section 74 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 a sanction referred to in section 71(1)(a) or 71A(1)(a) or arising from measures referred to in section 71(2) or 71A(2))” for “(other than a sanction referred to in section 71(a) or 71A(a))”, and

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

• “(2) A decision under section 71(1) or 71A(1) to impose a sanction (being a sanction referred to in section 71(1)(a) or 71A(1)(a)) on a registered medical practitioner shall not take effect unless—

  • (a) the decision is confirmed by the Court on an application under section 75, or

  • (b) the 21 days referred to in section 75(1) within which the practitioner may appeal to the Court against the decision expires without the practitioner making such appeal.”.

129. Amendment of section 75 of Act of 2007

129. Section 75 of the Act of 2007 is amended by the substitution of the following subsection for subsection (1):

• “(1) A registered medical practitioner the subject of a decision under section 71(1) or 71A(1) to impose a sanction (other than a sanction arising from measures referred to in section 71(2) or 71A(2)) may, not later than 21 days after the notice under section 73(1) of the decision was given by the Council, appeal to the Court against the decision.”.

130. Amendment of section 76 of Act of 2007

130. Section 76 of the Act of 2007 is amended—

• (a) in subsection (1), by the substitution of “(other than a sanction referred to in section 71(1)(a) or 71A(1)(a) or arising from measures referred to in section 71(2) or 71A(2))” for “(other than a sanction referred to in section 71(a) or 71A(a))”, 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”.

131. Amendment of section 84 of Act of 2007

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

• (a) in subsection (1) —

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

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

• “(k) the censuring of a registered medical practitioner;

• (l) the advisement or admonishment of a registered medical practitioner.”,

• (b) in subsection (2) —

• (i) by the substitution of “paragraphs (a) to (l)” for “paragraphs (a) to (k)”,

• (ii) by the insertion of “if satisfied that it is in the public interest to do so and” after “shall,”, and

• (iii) by the deletion of “the Minister and”,

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

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

• “(4)

  • (a) Paragraph (b) applies where—

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

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

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

      • (II) that measure 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 measure and may, and notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 69(1)).

• (5)

  • (a) Paragraph (b) applies where—

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

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

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

      • (II) that measure 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 measure.”.

132. Amendment of section 85 of Act of 2007

132. Section 85 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 a measure referred to in section 84(1)(k) or (l) or paragraph (a)(ii), it is in the public interest to do so)” for “, if satisfied that it is in the public interest to do so”, and

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

• “(b) if satisfied that it is in the public interest to do so, publish a transcript of all or any part of the proceedings of the Fitness to Practise Committee at an inquiry or publish all or any part of a report referred to in section 69(1) of the Fitness to Practise 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).”,

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 75 or 76.”.

133. Amendment of section 86 of Act of 2007

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

• (a) by the substitution of the following subsection for subsection (2):

• “(2) The Health Service Executive, in accordance with section 7(4)(b) of the Health Act 2004, shall facilitate the medical education and training of students (including interns) seeking to be registered medical practitioners.”,

• (b) in subsection (3) —

• (i) by the substitution of “shall, with respect to” for “shall, with respect to specialist”, and

• (ii) in paragraphs (b) and (e), by the deletion of “specialist”,

and

• (c) in subsection (6), by the substitution of “Medical” for “Specialist medical”.

134. Amendment of section 88 of Act of 2007

134. Section 88 of the Act of 2007 is amended—

• (a) in subsection (1)(a), by the substitution of “medical qualifications (including medical degrees)” for “basic and specialist medical qualifications”,

• (b) in subsection (2) —

• (i) by the substitution of “in relation to medical degrees (other than postgraduate medical degrees that are not graduate entry degrees for medicine)” for “in relation to basic medical education”,

• (ii) in paragraph (a)(i) —

• (I) by the insertion of “where appropriate,” before “approve, approve subject to conditions”, and

• (II) in clause (I), by the deletion of “basic”,

• (iii) in paragraph (c), by the substitution of “medical degree” for “basic medical qualification”,

• (iv) in paragraph (f), by the deletion of “basic”, and

• (v) in paragraph (i), by the substitution of “medical degree” for “basic medical qualification”,

• (c) in subsection (6), by the deletion of “basic” in each place that it occurs,

• (d) in subsection (7), by the deletion of “basic”, and

• (e) in subsection (8), by the deletion of “basic and specialist”.

135. Amendment of section 89 of Act of 2007

135. Section 89 of the Act of 2007 is amended, in subsection (3), by the substitution of the following paragraph for paragraph (b):

• “(b) refuse to approve—

  • (i) a programme of specialist training in relation to that medical specialty, or

  • (ii) a body as a body which may grant evidence of the satisfactory completion of specialist training in relation to that medical specialty.”.

136. Amendment of section 91 of Act of 2007

136. Section 91 of the Act of 2007 is amended by the substitution of the following subsection for subsection (7):

• “(7) Where, arising from the performance of its duty under subsection (1), the Council considers that a medical practitioner registered in the General Division, the Specialist Division, the Trainee Specialist Division or the Supervised Division has been given every reasonable opportunity by the Council to improve the practitioner’s professional performance but whose professional competence is found by the Council to continue to be below the standards of competence that can reasonably be expected for continued registration in the General Division, the Specialist Division, the Trainee Specialist Division or the Supervised Division, as the case may be, then the Council may make a complaint.”.

137. Amendment of section 94 of Act of 2007

137. Section 94 of the Act of 2007 is amended, in subsection (3), by the substitution of “section 59A(1) or 67(1)” for “section 67(1)”.

138. Amendment of section 104 of Act of 2007

138. Section 104 of the Act of 2007 is amended by the insertion of the following subsection after subsection (1):

• “(1A) In any action for defamation, the proceedings, reports and communications of the chief executive officer under any of Parts 7, 8 and 9 are absolutely privileged.”.

139. Amendment of section 105 of Act of 2007

139. Section 105 of the Act of 2007 is amended—

• (a) in subsection (1), by the substitution of “ The chief executive officer shall, at the request of the Minister, or may, of his or her” for “ The Council shall, at the request of the Minister, or may of its”, and

• (b) in subsection (2) —

• (i) by the substitution of “chief executive officer has carried out an investigation under subsection (1), the chief executive officer shall, if he or she” for “Council has carried out an investigation under subsection (1), the Council shall, if it”,

• (ii) by the substitution of “then the chief executive officer” for “then the Council”, and

• (iii) by the substitution of “the chief executive officer reasonably” for “the Council reasonably”.

140. Amendment of Act of 2007 - insertion of sections 105A and 105B

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

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

105A. (1) In any proceedings under this Act concerning a medical practitioner, intern or adapter, 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 medical practitioner, intern or adapter, 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—

‘adapter’ includes—

- (a) a person who has made an application under section 36M for registration which has not yet been determined by the Council, and

- (b) a former adapter;

  ‘final determination’, in relation to any relevant proceedings and a medical practitioner, intern or adapter, 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 practitioner, intern or adapter, 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;

      ‘intern’ includes—

- (a) a person who has made an application under section 36E for registration which has not yet been determined by the Council, and

- (b) a former intern;

  ‘registered medical practitioner’ includes—

- (a) a person who has made an application under section 45 or 50A for registration which has not yet been determined by the Council, and

- (b) a former registered medical practitioner;

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

- (a) in the State or another jurisdiction which may directly or indirectly result in the practitioner, intern or adapter—

    - (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 practitioner, intern or adapter 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 practitioner, intern or adapter being convicted, in the State, for an offence triable on indictment;

  ‘sanction’ includes any restriction or measure.

  **Prosecution of summary proceedings**

  **105B.** (1) Summary proceedings for an offence under this Act may be prosecuted by the Council.

• (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within 2 years from the date of the alleged commission of the offence.”.

141. Amendment of section 107 of Act of 2007

141. Section 107 of the Act of 2007 is amended—

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

• “(2A) 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.”,

• (b) in subsection (4)(b), by the insertion of “or material matter” after “medical disability”, and

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

• “(4A) Without prejudice to the generality of subsection (1), the Council may—

  • (a) specify a form to be completed by an intern in connection with the payment by the intern of any fee determined under section 36(1)(cb), and

  • (b) in that form, require the intern to provide the Council with such information that the intern would have to provide the Council if the intern were not registered but were seeking registration under section 36E (including information about any relevant medical disability or material matter).

• (4B) Without prejudice to the generality of subsection (1), the Council may— (a) specify a form to be completed by an adapter in connection with the payment by the adapter of any fee determined under section 36(1)(ce), and

  • (b) in that form, require the adapter to provide the Council with such information that the adapter would have to provide the Council if the adapter were not registered but were seeking registration under section 36M (including information about any relevant medical disability or material matter).”.

142. Notifications under Act

142. The Act of 2007 is amended by the insertion of the following section after section 111:

“112. (1) Where the Council, a section 20(2) committee or the chief executive officer is required or authorised under this Act to notify a registered medical practitioner, former registered medical practitioner, intern, former intern, adapter or former adapter 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 of medical practitioners, register of interns or register of adapters (as the case may be) in which his or her name is or was (as the case may be) entered.

• (2) Where the Council or the chief executive officer is required or authorised under this Act to notify a person (not being a registered medical practitioner, former registered medical practitioner, intern, former intern, adapter or former adapter) 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.”.

PART 6 Amendment of Nurses and Midwives Act 2011

143. Definition

143. In this Part, “Act of 2011” means the Nurses and Midwives Act 2011.

144. Amendment of section 2 of Act of 2011

144. Section 2 of the Act of 2011 is amended—

• (a) 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 “conditions”, by the insertion of “and restrictions” after “terms”,

• (iii) in the definition of “decision”, by the insertion of “52A,” after “section 52,”,

• (iv) in the definition of “relevant condition”, in paragraph (b), by the substitution of “section 52(4) or 52A(4)” for “section 52(4)”,

• (v) 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 his or her ability to practise nursing or midwifery or a particular aspect thereof;”,

and

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

“ ‘allegation’, in relation to a complaint, means an allegation—

• (a) arising out of the complaint, and

• (b) which falls within one or more than one of the grounds specified in section 55(1);

‘authorised officer’ means a member of the staff of the Board appointed under section 56(1) to be an authorised officer to perform the functions specified under section 56(2);

‘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;

‘investigation’, in relation to a complaint, means an investigation referred to in section 56A(1);

‘investigation report’, in relation to a complaint, means a report referred to in section 56A(3) following the investigation of the complaint;

‘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 Board, 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 (other than relevant 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 nurse or registered midwife, means the address specified in the register of nurses and midwives as the nurse’s or midwife’s address, and

• (b) in relation to a registered candidate, means the address specified in the candidate register as the candidate’s address;

‘registered candidate’ means a candidate whose name is entered in the candidate register;

‘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;”,

and

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

• “(3) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Board 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.”.

145. Amendment of section 13 of Act of 2011

145. Section 13 of the Act of 2011 is amended—

• (a) in subsection (2), by the substitution of the following paragraphs for paragraph (h):

• “(h) 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,

• (ha) the recognition of a qualification held by a person,”,

and

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

• “(3A) Without prejudice to the generality of subsection (2)(h), 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)(h)(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)(h)(ii).”.

146. Amendment of section 24 of Act of 2011

146. Section 24 of the Act of 2011 is amended—

• (a) in subsection (5)(b), by the substitution of “section 57A(1)(d) or 65(1)(d)” for “section 65(1)(d)”,

• (b) in subsection (11), by the substitution of “subsections (9), (10) and (11A)” for “subsections (9) and (10)”,

• (c) by the insertion of the following subsection after subsection (11):

• “(11A) Paragraph (a) of subsection (11) shall not apply to the Fitness to Practise Committee except in relation to the Committee’s inquiry into a complaint the hearing of which under section 63 has commenced before the date of coming into operation of section 146 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020.”,

and

• (d) by the insertion of the following subsection after subsection (19):

• “(20)

  • (a) Subject to paragraph (c), where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 13, that subcommittee may perform any of the functions of that 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 that subcommittee.

  • (b) Subject to paragraph (c), where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 13, that subcommittee may perform any of the functions of that 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.

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

147. Amendment of section 28 of Act of 2011

147. Section 28 of the Act of 2011 is amended—

• (a) in subsection (1) —

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

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

• “(aa) investigate complaints, and”,

and

• (b) by the substitution of the following subsections for subsection (7):

• “(7) 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 Board designated by the Board, for a period of not more than 6 months in any year as specified by the Board or such further period as specified by the Board with the consent of the Minister.

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

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

148. Amendment of section 38 of Act of 2011

148. Section 38 of the Act of 2011 is amended, in subsection (1), by the insertion of the following paragraph after paragraph (a):

• “(aa) the recognition of a qualification held by a person,”.

149. Amendment of section 44 of Act of 2011

149. Section 44 of the Act of 2011 is amended 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, or

  • (b) any false declaration under section 52B.”.

150. Amendment of section 48 of Act of 2011

150. Section 48 of the Act of 2011 is amended, in subsection (2), by the substitution of “sections 49, 51, 52, 52A and 53” for “sections 49, 51, 52(4) and 53”.

151. Amendment of section 50 of Act of 2011

151. Section 50 of Act of 2011 is amended—

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

• (b) in subsection (4), by the insertion of “, otherwise than where 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”.

152. Conditions attached to registration

152. The Act of 2011 is amended by the substitution of the following section for section 51:

“51. (1) A person (other than a candidate) 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 Board 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 nursing or midwifery by the person which take account of that disability or matter,

  the Board shall specify the proposed conditions which, in the opinion of the Board, 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 Board shall, if the person is registered, at the same time as such registration comply with section 46(8) 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 Board may refuse to register that person.

• (5) A registered nurse or registered midwife 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 Board 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 nurse or midwife to notify the Board within those 30 days, as soon as is practicable in the circumstances.

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

• (7) Where the nurse or midwife 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 nurse’s or midwife’s registration, the Board shall attach those conditions to the registration of the nurse or midwife and, at the same time, comply with section 46(8) in respect of the conditions.

• (8) Where the nurse or midwife 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 Board may, notwithstanding that refusal, attach those conditions to the registration of the nurse or midwife and, at the same time, comply with section 46(8) in respect of the conditions.”.

153. Board may refuse to register on ground that nurse, etc., is not fit and proper person to practise nursing, etc.

153. The Act of 2011 is amended by the insertion of the following section after section 51:

“51A. Nothing in sections 48 to 51 shall operate to prevent the Board from refusing to register or restore the registration of a nurse, midwife or candidate on the ground that he or she is not a fit and proper person to practise nursing or midwifery in the State (including where the Board is of the view that such nurse, midwife or candidate is not so fit and proper based on a relevant finding of a disciplinary body, court or tribunal, whether in the State or in another jurisdiction).”.

154. Appeal to Court against certain decisions of Board - nurses and midwives

154. The Act of 2011 is amended by the substitution of the following section for section 52:

“52. (1) In this section, ‘relevant decision’ means a decision of the Board to—

• (a) refuse to recognise a qualification held by a nurse or midwife as a qualification he or she is entitled to have registered under this Act,

• (b) register a nurse or midwife in a division of the register of nurses and midwives other than the division specified in the application under section 48 for registration,

• (c) attach conditions to the registration of a nurse or midwife pursuant to section 51, or

• (d) refuse to register or restore the registration of a nurse or midwife pursuant to section 51A.

• (2) Where the Board makes a relevant decision, the Board 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 that subsection, 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 substitute such other decision as the Court considers appropriate, which may be a decision to—

      • (I) recognise a qualification held by the person as a qualification he or she is entitled to have registered under this Act,

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

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

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

      • (B) 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, or

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

        and

  • (b) give the Board 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 Board shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the nurse or midwife concerned of the Board’s compliance with the direction.”.