Regulated Professions (Health and Social Care) (Amendment) Act 2020

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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.”.