Health and Social Care Professionals (Amendment) Act 2012

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Amendment of Principal Act — insertion of sections 42A (performance of functions under section 27A) and 42B (right to apply to Council in relation to performance of functions under section 27A).

9.— The Principal Act is amended by inserting the following sections after section 42:

“Performance of functions under section 27A.

42A.— (1) (a) A registration board shall acknowledge receipt in writing of an application by a person for the assessment of his or her professional qualifications under section 27A(2)(a) or (b), not later than on the expiry of the one month period that begins when the application is submitted, and include in that acknowledgement—

(i) a statement as to whether all documents required for that assessment have been submitted, or

(ii) a list of one or more than one further document required to be submitted before the assessment may be undertaken.

(b) If one or more than one further document is submitted in compliance with paragraph (a)(ii) (or otherwise), the registration board shall acknowledge receipt in writing of that further document or those further documents not later than on the expiry of the one month period that begins with that submission, and subparagraphs (i) and (ii) of paragraph (a) shall apply to acknowledgements under this paragraph, with all necessary modifications.

(2) The registration board shall, not later than on the expiry of the 4 month period that begins when the application (and, if applicable, the further document or documents referred to in subsection (1)(b)) is acknowledged, notify the applicant in writing of its decision in relation to the assessment.

Right to apply to Council in relation to performance of functions under section 27A.

42B.— (1) A person may apply to the Council for the cancellation of a decision made by a registration board in the performance of its functions under section 27A(2)(a) or (b), where that decision was a decision—

(a) not to recognise a professional qualification referred to in section 38(2)(b),

(b) that a professional qualification is not one that attests to the standard of proficiency required under section 38(2)(c)(i), or

(c) that there has not been successful completion, in the State, of an aptitude test or adaptation period under section 38(2)(c)(ii).

(2) A person may apply to the Council for a direction by the Council to a registration board—

(a) to acknowledge receipt of an application made by the person, within such period as the Council may specify, where—

(i) the board has not acknowledged receipt of that application before the expiry of the period within which it was required to do so under section 42A(1), and

(ii) if applicable, the board has not acknowledged receipt of the further document or documents referred to in section 42A(1)(b) before the expiry of the period within which it was required to do so under that section,

or

(b) to notify the person of a decision, within such period as the Council may specify, where the board has not notified that person of that decision before the expiry of the period within which it was required to do so under section 42A(2).

(3) The application must be made—

(a) if the application is an application under subsection (1), within 30 days after the person receives notification of the decision from the registration board, or

(b) if the application is an application under subsection (2), within 30 days after the expiry of the period concerned.

(4) On hearing the application or on receipt of appropriate submissions, the Council may—

(a) if the application is an application under subsection (1)—

(i) if satisfied that the registration board’s decision was properly made, confirm that decision, or

(ii) if not so satisfied, cancel that decision and do one of the following:

(I) direct the registration board to recognise the professional qualifications of the person;

(II) direct the registration board to make a new decision;

(III) give such other directions to the registration board as the Council considers appropriate,

or

(b) if the application is an application under subsection (2)—

(i) if satisfied that the registration board did acknowledge receipt of the application (and, if applicable, the document or documents referred to in section 42A(1)(b)) before the expiry of the period within which it was required to do so under section 42A(1), refuse to direct the registration board to acknowledge receipt of the application (and any such document or documents),

(ii) if satisfied that the registration board did make the decision and notify the applicant of that decision, before the expiry of the period within which it was required to do so under section 42A(2), refuse to direct the registration board to make the decision and notify the applicant of that decision,

(iii) direct the registration board to acknowledge receipt of the application (and any such documents) or to make the decision and notify the applicant of that decision, as the case may be, within such period as the Council specifies,

(iv) give such other directions to the registration board as the Council considers appropriate.

(5) As soon as practicable after making a decision under this section, the Council shall notify the applicant of the decision.

(6) For the avoidance of doubt, a person who applies to the Council under this section, whether or not he or she also appeals to the Court under section 44, is not entitled to an appeal of the decision made by the registration board in the performance of its functions under section 27A(2)(a) to which he or she might otherwise be entitled under Regulation 23 of the Recognition of Professional Qualifications (2005/36/EC) Regulations 2008 ( S.I. No. 139 of 2008 ) or any similar appeal.”.