Health and Social Care Professionals Act 2005


Number 27 of 2005


HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005

REVISED

Updated to 13 July 2018


This Revised Act is an administrative consolidation of the Health and Social Care Professionals Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Archives (Amendment) Act 2018 (12/2018), enacted 14 July 2018, and all statutory instruments up to and including Podiatrists Registration Board (Establishment Day) Order 2018 (S.I. No. 239 of 2018), made 4 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 27 of 2005


HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005

REVISED

Updated to 13 July 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Health and Social Care Professionals (Amendment) Act 2017 (32/2017)

Health (Miscellaneous Provisions) Act 2014 (33/2014)

Health Identifiers Act 2014 (15/2014)

Health and Social Care Professionals (Amendment) Act 2012 (46/2012)

All Acts up to and including National Archives (Amendment) Act 2018 (12/2018), enacted 14 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Podiatrists Registration Board (Establishment Day) Order 2018 (S.I. No. 239 of 2018)

Optical Registration Board Approved Qualifications Bye-Law 2018 (S.I. No. 207 of 2018)

Physiotherapists Registration Board Approved Qualifications Bye-Law 2018 (S.I. No. 205 of 2018)

Health and Social Care Professionals Act 2005 (Section 95 (3)) (Variation of title: Dietician) Regulations 2018 (S.I. No. 196 of 2018)

Health and Social Care Professionals Act 2005 (Section 95(3)) (Variation of Title: Speech Therapist) Regulations 2018 (S.I. No. 192 of 2018)

Health and Social Care Professionals Act 2005 (Section 4(2)) (Designation of Professions: Counsellors and Psychotherapists and Establishment of Registration Board) Regulations 2018 (S.I. No. 170 of 2018)

Optical Registration Board (Regulation and Control of Prescribing and Dispensing of Prescriptions and Sale of Spectacles) Bye Law 2018 (S.I. No. 80 of 2018)

Dieticians Registration Board Approved Qualifications Bye-Laws 2017 (S.I. No. 552 of 2017)

Election of Members for Appointment to the Optical Registration Board Bye-law 2017 (S.I. No. 438 of 2017)

Health and Social Care Professionals Act 2005 (Section 28A) (Optical Registration Board) Regulations 2017 (S.I. No. 436 of 2017)

Psychologists Registration Board (Establishment Day) Order 2017 (S.I. No. 324 of 2017)

Physiotherapists Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 184 of 2017)

Physiotherapists Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 183 of 2017)

Occupational Therapists Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 153 of 2017)

Occupational Therapists Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 152 of 2017)

Dietitians Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 138 of 2017)

Dietitians Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 137 of 2017)

Radiographers Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 133 of 2017)

Radiographers Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 132 of 2017)

Optical Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 106 of 2017)

Optical Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 105 of 2017)

Social Workers Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 104 of 2017)

Social Workers Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 103 of 2017)

Speech and Language Therapists Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 85 of 2017)

Speech and Language Therapists Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 84 of 2017)

Health and Social Care Professionals Council Superannuation Scheme 2017 (S.I. No. 83 of 2017)

European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017)

Medical Scientists Registration Board (Establishment Day) Order 2016 (S.I. No. 531 of 2016)

Physiotherapists Registration Board Return to Practice Bye-Law 2016 (S.I. No. 498 of 2016)

Physiotherapists Registration Board Code of Professional Conduct and Ethics Bye-Law 2016 (S.I. No. 497 of 2016)

Physiotherapists Registration Board Application for Registration Bye-Law 2016 (S.I. No. 496 of 2016)

Election of Members for Appointment to the Occupational Therapists Registration Board Bye-law 2016 (S.I. No. 480 of 2016)

Election of Members for Appointment to the Speech and Language Therapists Registration Board Bye-law 2016 (S.I. No. 468 of 2016)

Election of Members for Appointment to the Dietitians Registration Board Bye-law 2016 (S.I. No. 387 of 2016)

Rule Regarding the Receiving and Recording of Evidence by a Committee of Inquiry 2016 (S.I. No. 371 of 2016)

Health and Social Care Professionals Act 2005 (Section 95(3)) (Variation of title: Optician) Regulations 2016 (S.I. No. 51 of 2016)

Health and Social Care Professionals Act 2005 (Section 4(7)) (Membership of Council) Regulations 2015 (S.I. No. 465 of 2015)

Optical Registration Board (Regulation and Control of Prescribing and Dispensing of Prescriptions and Sale of Spectacles) Bye Law 2015 (S.I. No. 455 of 2015)

Optical Registration Board Return to Practice Bye-Law 2015 (S.I. No. 454 of 2015)

Optical Registration Board Code of Professional Conduct and Ethics for Dispensing Opticians Bye-Law 2015 (S.I. No. 453 of 2015)

Optical Registration Board Code of Professional Conduct and Ethics for Optometrists Bye-Law 2015 (S.I. No. 452 of 2015)

Optical Registration Board Conditions for Registration in the Contact Lenses Division of the Register of Dispensing Opticians Bye-Law 2015 (S.I. No. 451 of 2015)

Optical Registration Board Application for Registration Bye-Law 2015 (S.I. No. 450 of 2015)

Occupational Therapists Registration Board Return to Practice Bye-Law 2015 (S.I. No. 295 of 2015)

Radiographers Registration Board Approved Qualifications and Divisions of the Register Bye-Law 2015 (S.I. No. 239 of 2015)

Speech and Language Therapists Registration Board Return to Practice Bye-Law 2015 (S.I. No. 117 of 2015)

Dietitians Registration Board Return to Practice Bye-Law 2015 (S.I. No. 108 of 2015)

Occupational Therapists Registration Board Approved Qualifications Bye-law 2015 (S.I. No. 98 of 2015)

Optical Registration Board (Establishment Day) Order 2015 (S.I. No. 41 of 2015)

Health and Social Care Professionals Act 2005 (Section 28A) (Optical Registration Board) Regulations 2015 (S.I. No. 39/2015)

Radiographers Registration Board Return to Practice Bye-Law 2015 (S.I. No. 25 of 2015)

Occupational Therapists Registration Board Code of Professional Conduct and Ethics Bye-law 2014 (S.I. No. 527 of 2014)

Social Care Workers Registration Board (Establishment Day) Order 2014 (S.I. No. 518 of 2014)

Speech and Language Therapists Registration Board Code of Professional Conduct and Ethics Bye-law 2014 (S.I. No. 472 of 2014)

Speech and Language Therapists Registration Board Approved Qualifications Bye-law 2014 (S.I. No. 471 of 2014)

Speech and Language Therapists Registration Board Application for Registration Bye-law 2014 (S.I. No. 464 of 2014)

Dietitians Registration Board Code of Professional Conduct and Ethics Bye-law 2014 (S.I. No. 448 of 2014)

Dietitians Registration Board Approved Qualifications Bye-law 2014 (S.I. No. 447 of 2014)

Occupational Therapists Registration Board Application for Registration Bye-Law 2014 (S.I. No. 412 of 2014)

Dietitians Registration Board Application for Registration Bye-Law 2014 (S.I. No. 391 of 2014)

Election of Members for Appointment to the Social Workers Registration Board Bye-Law 2014 (S.I. No. 213 of 2014)

Election of Members for Appointment to the Radiographers Registration Board Bye-law 2014. (S.I. No. 150 of 2014)

Radiographers Registration Board Code of Professional Conduct and Ethics Bye-law 2013 (S.I. No. 392 of 2013)

Radiographers Registration Board Application for Registration Bye-law 2013. (S.I. No. 391 of 2013)

Radiographers Registration Board Approved Qualifications and Divisions of the Register Bye-law 2013 (S.I. No. 390 of 2013)

Physiotherapists Registration Board (Establishment Day) Order 2013 (S.I. No. 386 of 2013)

Health and Social Care Professionals Act 2005 (Commencement) Order 2013 (S.I. No. 385 of 2013)

Social Workers Registration Board Return to Practice bye-law 2013 (S.I. No. 319 of 2013)

Speech and Language Therapists Registration Board (Establishment Day) Order 2012 (S.I. No. 441 of 2012)

Occupational Therapists Registration Board (Establishment Day) Order 2012 (S.I. No. 440 of 2012)

Dietitians Registration Board (Establishment Day) Order 2012 (S.I. No. 439 of 2012)

Social Workers Registration Board Criteria for Restoration to the Register Bye-law 2012 (S.I. No. 430 of 2012)

Election of Members for Appointment to the Social Workers Registration Board Bye-law 2012 (S.I. No. 174 of 2012)

Time Limits for Payment of Annual Fees for Retention of Registration Rule 2012 (S.I. No. 77 of 2012)

Radiographers Registration Board (Establishment Day) Order 2011 (S.I. No. 659 of 2011)

Health and Social Care Professionals Act 2005 (Transfer Day) Order 2011 (S.I. No. 145 of 2011)

Health and Social Care Professionals Act 2005 (Part 8) (Commencement) Order 2011 (S.I. No. 144 of 2011)

Code of Professional Conduct and Ethics for Social Workers bye-law 2011 (S.I. No. 143 of 2011)

Application for Registration of Social Workers bye-law 2011 (S.I. No. 142 of 2011)

Approved Qualifications for Social Workers bye-law 2011 (S.I. No. 137 of 2011)

Social Workers Registration Board (Establishment Day) Order 2010 (S.I. No. 279 of 2010)

Health and Social Care Professionals Act 2005 (Commencement) Order 2010 (S.I. No. 263 of 2010)

Data Protection Act 1988 (Section 16(1)) Regulations 2007 (S.I. No. 657 of 2007)

Health and Social Care Professionals Act 2005 (Commencement) Order 2007 (S.I. No. 126 of 2007)

Health and Social Care Professionals Council (Establishment Day) Order 2007 (S.I. No. 124 of 2007)

All statutory instruments up to and including Podiatrists Registration Board (Establishment Day) Order 2018 (S.I. No. 239 of 2018), made 4 July 2018, were considered in the preparation of this revision.


Number 27 of 2005


HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005

REVISED

Updated to 13 July 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Designated professions.

5.

Expenses of administering this Act.

PART 2

Health and Social Care Professionals Council

6.

Establishment of Council.

7.

Object of Council.

8.

Functions and powers of Council.

9.

Membership of Council.

10.

Allowances for expenses of members.

11.

Chief executive officer.

12.

Staff and consultants.

13.

Superannuation.

14.

Membership of either House of Oireachtas or European Parliament.

15.

Disclosure of interests by members of Council or committee.

16.

Disclosure of interests by staff.

17.

Expenses of Council.

18.

Power to charge and recover fees.

19.

Power to borrow.

20.

Gifts.

21.

Accounts and audit.

22.

Council's power to make rules.

23.

Committees of Council.

24.

Removal of members of Council from office.

25.

Annual report of Council.

PART 3

Registration Boards

26.

Establishment of registration boards.

27.

Object, functions and powers of registration boards.

27A.

Functions of registration boards: approval of qualifications, etc.

28.

Membership of registration boards.

28A.

Membership of registration boards of 2 or more designated professions.

29.

Allowances for expenses of members.

30.

Registrar, deputy registrars and administrative support.

31.

Registration board's power to make bye-laws.

32.

Publication and other requirements relating to draft and other bye-laws.

33.

Committees of registration board.

34.

Removal of members of registration board from office.

35.

Annual report of registration board.

PART 4

Registration

36.

Establishment and maintenance of registers.

36A.

Transitional provisions applicable to registers of members of designated professions of optometrist and dispensing optician.

36B.

Transitional provisions applicable to register of radiographers.

37.

Application for registration.

38.

Registration in register of designated profession.

39.

Removal of names from register at registrants' request and restoration to register.

40.

Removal of names from register for failure to pay annual fee and restoration to register.

40A.

Conditions attached to registration.

41.

Certificate of registration and notification of decision.

42.

Content of notification of decision.

42A.

Performance of functions under section 27A.

42B.

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

43.

Right to apply to Council for cancellation of decision refusing to grant or restore registration.

44.

Appeal to High Court from Council's decision under section 43.

45.

Updating of registrant information and correction of errors.

46.

Access to, and publication of, registers.

47.

Evidence relating to registration, etc.

PART 5

Education and Training

48.

Approval of education and training programmes.

49.

Monitoring of continuing suitability of education and training programmes.

PART 6

Complaints, Inquiries and Discipline

50.

Definitions ( Part 6).

51.

Disciplinary committees.

52.

Complaints about conduct or competence of registrants.

53.

Referral of complaints to preliminary proceedings committee.

53A.

Persons to assist preliminary proceedings committee.

54.

If, in opinion of preliminary proceedings committee, complaint does not warrant further action.

55.

Resolution of complaints by mediation or other informal means.

56.

Referral of complaint to mediation, etc., or to committee of inquiry.

57.

Duty to notify registrant of referral to, and hearing by, committee of inquiry.

58.

Conduct of hearing.

59.

Powers and protections relating to witnesses and evidence.

60.

If immediate suspension of registration is necessary to protect the public.

61.

If registrant consents to censure or remedial action, etc.

62.

If complaint is withdrawn.

63.

Report to Council by committee of inquiry.

64.

Steps to be taken by Council after receiving report.

65.

Duty of registration board to recommend appropriate disciplinary sanction.

66.

Direction by Council to impose disciplinary sanction.

67.

Duty to notify registrant of Council's directions.

68.

Confirmation by High Court required before certain directions become effective.

69.

Application to High Court for cancellation of Council's direction.

70.

Application to High Court for confirmation of Council's direction.

71.

Evidence relating to application to High Court and right of appeal from decision under section 69 or 70.

72.

Duty to notify registrant of compliance with directions confirmed or given by High Court.

73.

Restoration to register.

74.

Removal of conditions of registration.

75.

Appeal to High Court from Council's decision under section 73 or 74.

76.

Notification to Minister and employer of certain disciplinary matters.

77.

Disciplinary information may be published in public interest.

78.

Privilege relating to disciplinary proceedings.

78A.

Information Council may publish in public interest.

PART 7

Professional Titles and Offences

79.

Use of professional titles.

80.

Offences.

81.

Prosecution of offences.

PART 7A

Prescription and Sale of Spectacles

81A.

Restriction on prescribing spectacles and dispensing prescriptions for spectacles.

81B.

Restriction on selling spectacles.

81C.

Bye-laws for regulation and control of prescribing, dispensing of prescriptions or sales.

81D.

Bye-laws for control of advertising.

81E.

Saver for manufacture of spectacles, etc.

PART 8

Dissolution of National Social Work Qualifications Board

82.

Definitions ( Part 8).

83.

Transfer day and dissolution of Board.

84.

Transfer of staff.

85.

Transfer of property and liabilities to Council.

86.

Preservation of certain contracts and adaptation of references.

87.

Pending legal proceedings.

88.

Preparation of accounts.

89.

Revocation of order.

PART 9

Transitional Provisions

90.

Definitions ( Part 9).

91.

Registration of existing practitioners.

91A.

Use of professional titles.

PART 9A

Dissolution of Opticians Board

91B.

Definition of ‘Opticians Board’.

91C.

Dissolution of Opticians Board.

91D.

Transfer of staff.

91E.

Transfer of property and liabilities to Council.

91F.

Preservation of certain contracts, etc., and adaptation of references.

91G.

Pending legal proceedings.

91H.

Preparation of accounts.

91I.

Transfer of records.

91J.

Liability of Opticians Board for acts or omissions.

PART 10

Miscellaneous Matters

92.

Liability of Council and registration boards for acts or omissions.

93.

Judicial notice of seals and admissibility of sealed instruments.

94.

How registrants, former registrants and applicants are to be notified.

95.

Minister's power to make regulations.

96.

Minister's power to amend or revoke certain orders.

97.

Investigations.

SCHEDULE 1

The Council: Miscellaneous Provisions

SCHEDULE 2

Registration Boards: Miscellaneous Provisions

SCHEDULE 3

Qualifications Required by Existing Practitioners


Acts Referred to

Carer's Leave Act 2001

2001, No. 19

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Medical Practitioners Act 1978

1978, No. 4

Minimum Notice and Terms of Employment Acts 1973 to 2001

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Act 1998

1998, No. 30

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Redundancy Payments Acts 1967 to 2003

Unfair Dismissals Acts 1977 to 2001


Number 27 of 2005


HEALTH AND SOCIAL CARE PROFESSIONALS ACT 2005

REVISED

Updated to 13 July 2018


AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND FUNCTIONS OF AN CHOMHAIRLE UM GHAIRMITHE SLÁINTE AGUS CÚRAIM SHÓISIALAIGH OR IN THE ENGLISH LANGUAGE THE HEALTH AND SOCIAL CARE PROFESSIONALS COUNCIL AND OF REGISTRATION BOARDS FOR CERTAIN DESIGNATED HEALTH AND SOCIAL CARE PROFESSIONS; TO PROVIDE FOR THE REGISTRATION OF PERSONS QUALIFYING TO USE THE TITLE OF A DESIGNATED PROFESSION AND FOR THE DETERMINATION OF COMPLAINTS RELATING TO THEIR FITNESS TO PRACTISE; AND TO PROVIDE FOR RELATED MATTERS.

[30 th November, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Member of profession under Act included in definition of “health professional” (1.10.2007) by Data Protection Act 1988 (Section 16(1)) Regulations 2007 (S.I. No. 657 of 2007), in effect as per reg. 1(2).