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Medical Practitioners Act 2007

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Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Repeals and revocations.

PART 2

Continuance in being of Council and object and functions of Council, etc.

4. Continuance in being of Council.

5. Seal of Council.

6. Object of Council.

7. Functions of Council.

8. Conferral of additional functions on Council.

9. Ministerial directions to Council.

10. Immunity.

11. Council’s power to make rules.

12. Council’s power to issue guidelines.

PART 3

Statement of Strategy, Business Plan and Annual Report of Council

13. Council to prepare and submit statement of strategy.

14. Publication and implementation of statement of strategy.

15. Council to prepare and forward business plan to Minister.

16. Council to submit annual report to Minister.

PART 4

Members, Committees and Staff of Council

17. Members of Council.

18. Elections.

19. First meeting of Council under this Act.

20. Committees of Council.

21. Expenses of members of Council and committees.

22. Payment of allowances.

23. Removal of members of Council from office.

24. Chief executive officer.

25. Staff of Council.

26. Age limits.

27. Superannuation.

28. Membership of either House of Oireachtas by member of staff of Council.

29. Membership of local authority or European Parliament by member of staff of Council.

30. Disclosure of interests by members of Council or committee.

31. Disclosure of interests by members of staff of Council.

PART 5

Accounts and Finances of Council

32. Accounts of Council.

33. Power of Council to borrow.

34. Acceptance of gifts by Council.

35. Expenses of Council and Minister.

36. Fees that Council may charge.

PART 6

Registration of Medical Practitioners

37. Unregistered medical practitioners shall not practise medicine.

38. Circumstances in which unregistered medical practitioners may practise medicine.

39. Designated titles.

40. Use of designated titles.

41. Offences and penalties.

42. Recovery of fees, etc.

43. Register.

44. Transitional provisions applicable to register.

45. Registration of medical practitioners — general.

46. Medical practitioners to be registered in General Division.

47. Medical practitioners to be registered in Specialist Division.

48. Medical practitioners to be registered in Trainee Specialist Division.

49. Internship registration in Trainee Specialist Division.

50. Visiting EEA practitioners providing services on temporary and occasional basis.

51. Registration of additional qualifications.

52. Application to have registration removed, etc.

53. Conditions attached to first registration.

54. Refusal of registration, etc., and appeal to Court against Council’s decision.

55. Correction of register.

56. Publication of register.

PART 7

Complaints to Preliminary Proceedings Committee concerning registered medical practitioners

57. Complaints concerning registered medical practitioners.

58. Persons to assist Preliminary Proceedings Committee.

59. Consideration of complaints by Preliminary Proceedings Committee.

60. If immediate suspension of registration is necessary to protect public.

61. No further action or referral of complaint to another body or authority or to professional competence scheme.

62. Resolution of complaints by mediation or other informal means.

63. Referral of complaint to Fitness to Practise Committee.

PART 8

Complaints referred to Fitness to Practise Committee

64. Duty to notify registered medical practitioner and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.

65. Conduct of hearing.

66. Powers and protections relating to witnesses and evidence.

67. If registered medical practitioner consents to censure or remedial action, etc.

68. If complaint is withdrawn while it is being considered by Fitness to Practise Committee.

69. Report to Council by Fitness to Practise Committee.

70. Steps to be taken by Council after receiving report.

PART 9

Imposition of sanctions on registered medical practitioners following reports of Fitness to Practise Committee

71. Duty of Council to decide on appropriate sanction.

72. Provisions supplementary to section 71.

73. Duty to notify registered medical practitioner of Council’s sanction.

74. Confirmation by Court required before certain decisions become effective.

75. Appeal to Court against Council’s decision under section 71.

76. Application to Court for confirmation of Council’s decision.

77. Evidence relating to appeal under section 75(1) or application under section 76(1) to Court.

78. Duty to notify registered medical practitioner of compliance with decisions confirmed or given by Court.

79. Removal of registration for failure to pay fee.

80. Restoration, etc., of registration following payment of certain fees.

81. Restoration of registration which has been cancelled.

82. Removal of conditions attached to registration.

83. Appeal to Court against Council’s decision under section 81 or 82.

84. Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.

85. Information Council may publish in public interest.

PART 10

Education and Training

86. Duties of Health Service Executive in relation to medical and dental education and training.

87. Functions of Council in relation to Directives of European Union relating to medical education and training.

88. Duties of Council in relation to medical education and training.

89. Training bodies and qualifications for the purposes of the Specialist and Trainee Specialist Divisions.

90. Appeal to Court against Council’s decision under section 88 (2)(a)(i)(II) or (ii) or 89(3)(a)(ii) or (b).

PART 11

Maintenance of Professional Competence

91. Duty of Council in relation to maintenance of professional competence of registered medical practitioners.

92. Appeal to Court against Council’s decision under section 91(4)(a) or (b).

93. Duty of Health Service Executive and other employers in relation to the maintenance of professional competence of registered medical practitioners.

94. Duty of registered medical practitioners to maintain professional competence.

95. Confidentiality.

PART 12

Dissolution of Postgraduate Medical and Dental Board

96. Interpretation of Part 12.

97. Transfer day and dissolution of Board.

98. Minister may require information from Board.

99. Transfer of staff.

100. Transfer of property and liabilities to Health Service Executive.

101. Preservation of certain contracts and adaptation of references.

102. Pending legal proceedings.

103. Preparation of accounts.

PART 13

Miscellaneous

104. Privilege.

105. Investigation.

106. Council to be licensing authority, etc., under Anatomy Act 1832.

107. Power to specify forms.

108. Construction of references to registered medical practitioner and Medical Council, etc.

109. Persons entitled to sign medical certificates.

SCHEDULE 1

Repeals and Revocations

PART 1

Acts Repealed

PART 2

Statutory Instruments Revoked

SCHEDULE 2

Council: Membership and Meetings


Acts Referred to

Anatomy Act 1832

2 & 3 Will. IV c. 75

Carer’s Leave Act 2001

2001, No. 19

Companies Act 1990

1990, No. 27

Dentists Act 1985

1985, No. 9

Ethics in Public Office Act 1995

1995, No. 22

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Acts 1997 and 2003

Health Acts 1947 to 2007

Health Act 2004

2004, No. 42

Health Act 2007

2007, No. 23

Health and Social Care Professionals Act 2005

2005, No. 27

Higher Education Authority Act 1971

1971, No. 22

Local Government (Superannuation) Act 1980

1980, No. 8

Local Government Act 2001

2001, No. 37

Medical Practitioners (Amendment) Act 1993

1993, No. 17

Medical Practitioners (Amendment) Act 2000

2000, No. 24

Medical Practitioners (Amendment) Act 2002

2002, No. 17

Medical Practitioners Act 1927

1927, No. 25

Medical Practitioners Act 1978

1978, No. 4

Medical Practitioners Acts 1978 to 2002

Minimum Notice and Terms of Employment Acts 1973 to 2005

Nurses Act 1985

1985, No. 18

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Pharmacy Acts 1875 to 1977

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7

Redundancy Payments Acts 1967 to 2003

Standards in Public Office Act 2001

2001, No. 31

Unfair Dismissals Acts 1977 to 2005

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Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007


AN ACT FOR THE PURPOSE OF BETTER PROTECTING AND INFORMING THE PUBLIC IN ITS DEALINGS WITH MEDICAL PRACTITIONERS AND, FOR THAT PURPOSE, TO INTRODUCE MEASURES, IN ADDITION TO MEASURES PROVIDING FOR THE REGISTRATION AND CONTROL OF MEDICAL PRACTITIONERS, TO BETTER ENSURE THE EDUCATION, TRAINING AND COMPETENCE OF MEDICAL PRACTITIONERS, TO AMEND THE MEMBERSHIP AND FUNCTIONS OF THE MEDICAL COUNCIL, TO INVESTIGATE COMPLAINTS AGAINST MEDICAL PRACTITIONERS AND TO INCREASE THE PUBLIC ACCOUNTABILITY OF THE MEDICAL COUNCIL; TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 2005/36/EC; AND, FOR THAT PURPOSE, TO REPEAL AND REPLACE THE MEDICAL PRACTITIONERS ACTS 1978 TO 2002 AND TO PROVIDE FOR RELATED MATTERS.

[7th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: