S.I. No. 733/2011 - Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th January, 2012.

These rules are made pursuant to the provisions of section 11 and Section 50A of the Medical Practitioners Act 2007 as amended (“the Act”) for the purpose of establishing criteria and for specifying examinations to be undertaken by applicants applying for registration in the Supervised Division of the Register of Medical Practitioners,

1. Application Process and Assessments for Registration in the Supervised Division

1.1 The registration application process will comprise two levels. All applicants for registration will be required to undergo:

1.2 Level 1: verification of their documentation (which would include but not be limited to) identification, evidence of medical qualifications, a certificate of good standing or a certificate of current professional status and a letter of offer of employment in an individually numbered, identifiable post certified by the Health Service Executive. In addition production of a declaration demonstrating compliance with the requirements of section 50A(5) of the Act as amended, will be required. This declaration (which the Council requires to be signed by the CEO (or equivalent) of the hospital/clinical site) is attached as Appendix 1 to these rules.

1.3 Level 2: comprising but not necessarily limited to an assessment of clinical competence which will include an examination with three components namely: clinical judgment, communication skills and data interpretation skills.

1.4 The assessment, by examination, will assess general clinical competence and clinical competence in one or more of the specialties recognised by Council as set out in Appendix 2.

1.5 In order to be admitted to Level 2 candidates must apply for Level 2 by a specified date and in a manner specified by the Medical Council and pay the appropriate fee.

2. Attempts

2.1 Candidates will be allowed a maximum of three attempts to pass Level 2.

3. Registration on Passing the Examination

3.1 Once an applicant has passed Level 1 and Level 2, he/she will be registered in the Supervised Division in a supervised post.

THESE RULES COMMENCED ON THE 18th DAY OF JULY 2011

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GIVEN under the Official Seal of the Council

18 July 2011.

PROFESSOR KIERAN MURPHY,

President of the Medical Council.

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MS CAROLINE SPILLANE,

Chief Executive Officer of the Medical Council.

APPENDIX 1 — S 50A DECLARATION

This is a declaration pursuant to Section 50A of the Medical Practitioners (Amendment) Act 2011 , and in particular sub-sections 4 and 5.

I herby confirm and declare that:

(Please tick each box to indicate you have read it and are including it in your declaration)

	(a)	Dr (Insert Full Name of Doctor) has been offered a post in (Insert Hospital Name) hospital in (Insert Specialty) as a (SHO/Registrar — Insert appropriate grade) grade.
	(b)	I enclose a copy of his/her terms and conditions of employment with (Insert Hospital Name) hospital.
	(c)	I understand that this declaration will be used by the Medical Council to approve the post and as part of Dr (Insert Full Name of Doctor) application process for registration in a supervised post in the Supervised Division of the register of medical practitioners.
	(d)	The post in (insert Hospital Name) hospital is a (SHO/Registrar — select appropriate grade) post and is an individually numbered, identifiable post certified by the Health Services Executive.
	(e)	The hospital needs to employ Dr (Insert Full Name of Doctor) because *:
	(f)	The rationale for the designation of the post as (SHO/Registrar — Insert appropriate grade) grade is *:
	(g)	The duties that Dr (Insert Full Name of Doctor) will have to perform in the post are*:
	(h)	The supervision arrangements to supervise Dr (Insert Full Name of Doctor) are *:
	(i)	The supervisor(s) for Dr (Insert Full Name of Doctor), who is/are consultant(s) on the Specialist Division, is/are *:
	(j)	The arrangements that are in place to supervise Dr (Insert Full Name of Doctor) if and when he/she works out of hours are the following *:
	(k)	Dr (Insert Full Name of Doctor) will not practice medicine other than in the post named at (d) above.
	(l)	The duties to be performed by the above doctor in the post named in (f) commensurate both with that doctor’s experience and with the level of seniority of the post.
	(m)	The supervision arrangements to meet (b), (e), (f), (g), (h), (i) and (j) above have been established and are in place.
	(n)	The post is situated in a clinical setting aligned with effective workforce planning and subject to appropriate management systems.
	(o)	This clinical setting provides for comprehensive orientation and induction programmes.
	(p)	The post is situated in a clinical setting which is subject to effective clinical governance, leadership and management systems.
	(q)	Policies, procedures, protocols, and guidelines are in place to identify and address concerns about a doctor’s fitness to practice.
	(r)	Systems are in place to facilitate the doctor to maintain their professional competence pursuant to the professional competence scheme applicable to them.

Signed on behalf of the Employer by:—

.....................................................................................

Chief Executive Officer (Insert Hospital Name) (or equivalent)

* For these questions the employer needs to set out in sufficient detail for the Council to satisfy itself in relation to the following matters:

(i) the nature and seniority of the post,

(ii) the duties to be performed,

(iii) the supervision proposed.

APPENDIX 2 — RECOGNISED MEDICAL SPECIALTIES

Anaesthesia	Paediatrics
• Anaesthesia	• Paediatric Cardiology
	• Paediatrics

Emergency Medicine	Pathology
• Emergency Medicine	• Chemical Pathology
	• Haematology (Clinical & Laboratory)
	• Histopathology
General Practice	• Immunology (Clinical & Laboratory)
• General Practice	• Microbiology
	• Neuropathology

Medicine	Psychiatry
• Cardiology	• Child & Adolescent Psychiatry
• Clinical Genetics	• Psychiatry
• Clinical Neurophysiology	• Psychiatry of Learning Disability
• Clinical Pharmacology & Therapeutics	• Psychiatry of Old Age
• Dermatology
• Endocrinology & Diabetes Mellitus
• Gastroenterology	Public Health Medicine
• General (Internal) Medicine	• Public Health Medicine
• Genito-Urinary Medicine
• Geriatric Medicine
• Infectious Diseases	Radiology:
• Medical Oncology	• Radiation Oncology
• Nephrology	• Radiology
• Neurology
• Palliative Medicine
• Pharmaceutical Medicine	Sports and Exercise Medicine
• Rehabilitation Medicine	• Sports and Exercise Medicine
• Respiratory Medicine
• Rheumatology
• Tropical Medicine
	Surgery
Obstetrics & Gynaecology	• Cardiothoracic Surgery
• Obstetrics & Gynaecology	• General Surgery
	• Neurosurgery
	• Ophthalmic Surgery
Occupational Medicine	• Oral & Maxillo-Facial Surgery
• Occupational Medicine	• Otolaryngology
	• Paediatric Surgery
	• Plastic, Reconstructive & Aesthetic Surgery
Ophthalmology	• Trauma and Orthopaedic Surgery
• Ophthalmology	• Urology

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Memorandum is not part of the Rules and does not purport to be a legal interpretation of the Rules.

Any Reference to the Medical Practitioners Act 2007 includes the amendment of that Act by the Health (Miscellaneous Provisions) Act 2007 and any subsequent amendments.

The definition of EU Directive 2005/36/EC of the European Parliament and of the Council which is provided for in section 2 of the Medical Practitioners Act 2007 includes the amendment of that Directive by Council Directive 2006/100/EC and any subsequent amendments.

In this document, the provisions of section (2) of the Medical Practitioners Act 2007 will apply except where the context otherwise requires.

In this document, the provisions of Article 3 and other relevant definitions contained within EU Directive 2005/36/EC will apply except where the context otherwise requires.

These rules were adopted by the Medical Council and will commence on 18th July 2011.