Medical Practitioners (Amendment) Act 2011

Registration of medical practitioners in Supervised Division.

8.— The Act of 2007 is amended by the insertion after section 50 of the following section:

“Registration of medical practitioners in Supervised Division.

50A.— (1) The Council shall register in the Supervised Division a medical practitioner who applies to have his or her name entered in the register where that practitioner 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.

(2) Subsection (1) does not apply in relation to a medical practitioner who—

(a) meets the requirements specified in this Act, and

(b) meets the criteria specified in rules made under section 11,

to permit that practitioner to be registered in another division of the register.

(3) A medical practitioner may not be registered in the Supervised Division for a period in excess of 2 years in aggregate.

(4) The registration of a medical practitioner in the Supervised Division shall apply to that practitioner only in respect of an individually numbered, identifiable post which has been approved by the Council for the purpose of this section and which post is certified by the Health Service Executive to be a publicly funded post.

(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 person 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 practitioner shall notify the Council of that fact within 5 days of the practitioner ceasing to hold such post.”.