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Amendment of section 11 of Act of 2007
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81. Section 11 of the Act of 2007 is amended—
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(a) in subsection (2) —
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(i) by the insertion of the following paragraphs after paragraph (c):
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“(ca) the form and manner in which the register of interns is to be maintained,
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(cb) the details relating to interns that, in addition to their names, are to be entered into the register of interns or their certificates of registration or both,
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(cc) the form and manner in which the register of adapters is to be maintained,
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(cd) the details relating to adapters that, in addition to their names, are to be entered in the register of adapters or their certificates of registration or both,
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(ce) permits for the purposes of section 38B(3),”,
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(ii) by the substitution of the following paragraph for paragraph (g):
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“(g) subject to subsection (3A), the establishment, membership, functions and procedures of subcommittees of committees, including—
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(i) in the case of the Preliminary Proceedings Committee, subcommittees to give initial consideration to complaints on behalf of that Committee, and
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(ii) in the case of the Fitness to Practise Committee, subcommittees inquiring, on behalf of that Committee, into complaints referred to that Committee,”,
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(iii) by the substitution of the following paragraphs for paragraph (h):
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“(h) the setting of criteria for assessing applications by persons for registration in any division of the register,
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(ha) the setting of criteria for assessing applications by persons for entry in the register of interns,
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(hb) the setting of criteria for assessing applications by relevant persons for entry in the register of adapters,
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(hc) subject to subsection (2A), the setting of criteria to be complied with by persons who wish to—
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(i) resume practising medicine after not having practised medicine for a period specified in the rules, or
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(ii) commence practising medicine after not having practised medicine previously where a period specified in the rules has elapsed since such persons have obtained their respective qualifications in medicine pursuant to which they wish to practise medicine,
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(hd) without prejudice to the generality of paragraphs (h) to (hc), the setting of criteria, for persons referred to in any of those paragraphs, providing for the controls to be carried out to ensure that those persons have a knowledge of either the English language or the Irish language necessary for practising medicine in the State,”,
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(iv) by the substitution of the following paragraphs for paragraphs (i) and (j):
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“(i) the specification of examinations for the purposes of section 44B(1)(b),
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(j) the specification of the grounds for the purposes of section 44B(1)(c),”,
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(v) by the deletion of paragraphs (k) to (q), and
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(vi) in paragraph (r), by the substitution of “section 36F(3)” for “subsection (3) of section 49”,
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(b) by the insertion of the following subsection after subsection (2):
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“(2A) Criteria to be complied with by persons referred to in subsection (2)(hc) may include criteria in relation to—
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(a) the education or training of those persons,
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(b) the manner of verifying that those persons possess the relevant competencies, or
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(c) any other matter where, in the opinion of the Council, the specification in rules made under this section of criteria in relation to that matter is necessary or desirable for the protection of the public.”,
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and
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(c) by the insertion of the following subsection after subsection (3):
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“(3A) Without prejudice to the generality of subsection (2)(g), rules made under that subsection may provide that—
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(a) the chairperson of the Preliminary Proceedings Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(i), or
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(b) the chairperson of the Fitness to Practise Committee, or such other member of that Committee who is authorised by the rules to do so, may establish, in accordance with the rules, a subcommittee referred to in subsection (2)(g)(ii).”.
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