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Application for and registration of medical practitioners in Supervised Division
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101. The Act of 2007 is amended by the substitution of the following section for section 50A:
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“50A. (1) A medical practitioner may make an application to the Council, accompanied by the appropriate fee, to be registered in the Supervised Division.
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(2) Subject to subsection (10), the Council shall register a medical practitioner in the Supervised Division who holds a qualification in medicine where that person meets—
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(a) the requirements specified in this Act relating to the registration of medical practitioners in the Supervised Division, and
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(b) the relevant criteria specified in rules made under section 11 relating to the registration of medical practitioners in the Supervised Division.
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(3) A medical practitioner may not be registered in the Supervised Division for a period in excess of 2 years in aggregate or, with the approval in writing of the Health Service Executive, in excess of 3 years in aggregate in a particular case.
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(4) The registration of a medical practitioner in the Supervised Division shall apply to that medical practitioner only in respect of an individually numbered, identifiable post which has been approved by the Council for the purposes of this section and which post is—
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(a) subject to subsection (7), certified by the Health Service Executive to be a publicly funded post, or
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(b) funded by a third country which is sponsoring that person.
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(5) The Council shall not approve a post pursuant to subsection (4) unless it is satisfied that adequate arrangements for the supervision of the medical practitioner to whom the application for registration relates in the performance of his or her duties in the post have been established, having regard to the level of experience of the practitioner to whom the application for registration relates, the seniority of the post and the duties to be performed by that practitioner.
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(6) A medical practitioner whose name is entered in the Supervised Division may not practise medicine in the State other than—
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(a) in the post referred to in subsection (4) in relation to which that practitioner is registered, and
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(b) in accordance with the terms and conditions of employment relating to that post.
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(7) The Health Service Executive shall not certify that a post is a publicly funded post unless the remuneration and benefits in respect of the post are funded entirely, or to a substantial extent, by the Health Service Executive.
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(8) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, that practitioner shall cease to be so registered.
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(9) Where a medical practitioner registered in the Supervised Division ceases to hold the post to which his or her registration relates, the employer of that medical practitioner shall notify the Council of that fact within 5 days of the practitioner ceasing to hold such post.
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(10) Paragraphs (b)(i), (c) and (d) of section 45(4) shall apply to a medical practitioner who has made an application under subsection (1) as those paragraphs apply to a medical practitioner who has made an application under section 45(1).”.
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