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

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Amendment of section 38 of Act of 2005

29. Section 38 of the Act of 2005 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (ca):

“(ca) where the board has made a bye-law under subparagraph (i) or (ii) of section 31(1)(fa) in respect of persons who hold an approved qualification (within the meaning of section 38), satisfies the board, if the bye-law applies to him or her, that he or she has met the criteria and fulfilled the conditions specified in that bye-law,”,

and

(b) by the substitution of the following subsections for subsection (2F):

“(2F) The Physiotherapists Registration Board shall grant registration to a person who—

(a) subject to subsection (2FA), applies on or after the date on which section 6 (b) of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation and not later than 30 June 2022, to the Physiotherapists Registration Board for registration,

(b) meets the requirements of paragraphs (a), (c), (d) and (e) of subsection (1),

(c) where the Physiotherapists Registration Board has made a bye-law under section 31(1)(fa) in respect of persons who were awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that Institute, satisfies that Board, if the bye-law applies to him or her, that he or she has met the criteria and fulfilled the conditions specified in that bye-law, and

(d) was awarded both a Bachelor of Science in Applied Health Science by the Institute of Physical Therapy and Applied Science Dublin and a Diploma in Physical Therapy by that institute.

(2FA) (a) Paragraph (b) applies to a person who has made an application—

(i) referred to in subsection (2F)(a), as in force before the relevant commencement, on or before 31 December 2019, and

(ii) which has not, before the relevant commencement, been determined by the Physiotherapists Registration Board.

(b) The Physiotherapists Registration Board may, on or after the relevant commencement, determine the application without the person having to make a further application referred to in subsection (2F)(a).

(c) Paragraph (d) applies to a person who has made an application referred to in subsection (2F)(a), as in force before the relevant commencement, on or after 1 January 2020 but before the relevant commencement.

(d) The Physiotherapists Registration Board may not, on or after the relevant commencement, determine that application but without prejudice to the person’s right to make a further application referred to in subsection (2F)(a).

(e) In this subsection, ‘relevant commencement’ means the commencement of section 29(b) of the Regulated Professions (Health and Social Care) (Amendment) Act 2020.”.