S.I. No. 332/2019 - European Union (Basic Safety Standards For Protection Against Dangers Arising From Medical Exposure To Ionising Radiation) (Amendment) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th July, 2019.

I, SIMON HARRIS, Minister for Health, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 2013/59/EURATOM of 5 December 20131 , as affected by Corrigendum to Council Directive 2013/59/EURATOM of 17 March 20162 , insofar as it relates to medical exposures, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) (Amendment) Regulations 2019.

(2) The Principal Regulations and these Regulations may be cited together as the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 and 2019.

2. In these Regulations “Principal Regulations” means the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 (S.I. No. 256 of 2018).

3. Regulation 10 of the Principal Regulations is amended by substituting for paragraph (4) the following:

“(4) Practical aspects of a medical radiological procedure may be delegated by—

(a) the undertaking, or

(b) the practitioner,

as appropriate, to—

(i) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011 who meets the standards and requirements set down from time to time by the Nursing and Midwifery Board of Ireland in relation to the prescribing of medical ionising radiation by nurses or midwives,

(ii) a registered dentist within the meaning of the Dentists Act 1985 ,

(iii) a registered medical practitioner within the meaning of the Medical Practitioners Act 2007 ,

(iv) a person whose name is entered in the register established and maintained by the Radiographers Registration Board pursuant to section 36 of the Health and Social Care Professionals Act 2005 , or

(v) a person recognised by the Minister under Regulation 19,

as appropriate, provided that such person has completed training in radiation safety prescribed or approved pursuant to Regulation 22(3) by the appropriate body.”.

4. Regulation 22 of the Principal Regulations is amended by substituting for paragraph (3) the following:

“(3) Subject to paragraph (4), the persons referred to in paragraph (1) must have successfully completed training, including theoretical knowledge and practical experience, in medical radiological practices and radiation protection—

(a) prescribed by the Dental Council,

(b) prescribed by the Irish College of Physicists in Medicine,

(c) prescribed by the Nursing and Midwifery Board of Ireland,

(d) prescribed by a training body approved by the Medical Council having the relevant expertise in medical ionising radiation to provide such course, or

(e) approved by the Radiographers Registration Board under Part 5 of the Health and Social Care Professionals Act 2005 ,

as appropriate, having regard to the European Commission’s Guidelines on Radiation Protection Education and Training of Medical Professionals in the European Union (Radiation Protection No. 175).”.

/images/ls

GIVEN under my Official Seal,

3 July, 2019.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

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

These Regulations amend the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) Regulations 2018 to give further effect to Council Directive 2013/59/EURATOM of 5 December 2013. These Regulations may be cited as the European Union (Basic Safety Standards for Protection Against Dangers Arising from Medical Exposure to Ionising Radiation) (Amendment) Regulations 2019.

1 OJ No. L 13, 17.1.2014, p. 1.

2 OJ No. L 72, 17.3.2016, p. 69.