Health and Social Care Professionals Act 2005

Registration board’s power to make bye-laws.

31

31.—(1) With the Council’s approval and in accordance with any guidelines issued under subsection (7), the registration board of a designated profession may, subject to section 32 , make bye-laws relating to any or all of the following matters:

( a) the conduct of elections for the appointment of members under section 28 F37 [ or 28A , as appropriate, ] to the board;

( b) applications for registration in the register of that profession or for restoration to the register;

( c) qualifications approved for the purposes of section 38 (2)(a) as attesting to the standard of proficiency required for registration;

( d) requirements, for the purposes of section 38(1)(d) , as to knowledge of the language necessary for practising that profession in the State;

F38 [ ( e ) procedures for the assessment of professional qualifications, training, experience, aptitude tests or adaptation periods for the purposes of sections 38(2)( c ) , 91(1)( c )(i)(II) and 91(5)( c )(i)(II) ; ]

( f) the conditions for registration in a division of the register of that profession, but only if division of the register is authorised by any rules or guidelines issued by the Council;

F39 [ ( fa ) criteria or conditions, including criteria or conditions as to further education, training or experience, for persons who wish to

(i) commence the practice of that profession where the person concerned

(I) holds an approved qualification (within the meaning of section 38), or

(II) was awarded a Bachelor of Science in Applied Health Science and a Diploma in Physical Therapy by the Institute of Physical Therapy and Applied Science Dublin after 1 January 2013,

and he or she has not practised the profession, for a period specified in the bye-laws, since obtaining the approved qualification or Bachelor of Science and Diploma concerned, or

(ii) resume the practice of that profession after not having practised the profession for a period specified in the bye-laws,

including criteria or conditions relating to

(I) the education and training of those persons,

(II) the manner of verifying that those persons possess the relevant competencies, or

(III) any other matter where, in the opinion of the registration board concerned, the specification in bye-laws of criteria or conditions relating to that matter is necessary or desirable for the protection of the public; ]

( g) criteria for restoration to the register of that profession F40 [ other than where paragraph (fa) applies ];

( h) the education, training and continuing professional development of registrants of that profession;

( i) the adoption and revision of a code of professional conduct and ethics;

F40 [ ( ia ) the practice of the designated profession, and the period that the registration board considers to be sufficient in the public interest, and that is not less than 500 hours nor more than 4,000 hours, during which that practice is to be engaged in, for persons to be registered under section 91 ; ]

F37 [ ( ib ) if the board is the Optical Registration Board, for the purposes of section 81C or 81D ; ]

( j) any other matter specified by the Council in its guidelines.

F41 [ (2) A code of professional conduct and ethics adopted by the registration board of a designated profession must specify

( a ) the standards of conduct, performance and ethics expected of registrants of that profession, and

( b ) that registrants of that profession act within the limits of their knowledge, skills, competence and experience. ]

(3) If authorised by the Council under section 22(7) , a registration board may make bye-laws providing for the establishment, membership, functions and procedures of committees of the board.

(4) Bye-laws under subsection (1) may establish categories of registrants and may be different for different categories of registrants.

(5) Where a proposed bye-law under paragraph (c) or (h) of subsection (1) might result in an additional burden being imposed on the Exchequer, the bye-law may be made only if—

( a) after receiving a draft of the proposed bye-law for its approval, the Council refers the draft to the Minister, and

( b) both the Council and the Minister approve the draft.

(6) Subsection (5) applies also in relation to a proposed amendment or revocation of a bye-law under paragraph (c) or (h) of subsection (1) .

(7) For the purposes of this section, the Council may issue guidelines applicable to all or any of the registration boards.

Annotations:

Amendments:

F37

Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 17, S.I. No. 588 of 2014.

F38

Substituted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 6(a), S.I. No. 23 of 2013.

F39

Substituted (20.12.2017) by Health and Social Care Professionals (Amendment) Act 2017 (32/2017), s. 5(a), S.I. No. 592 of 2017.

F40

Inserted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 6(b)-(d), S.I. No. 23 of 2013.

F41

Substituted (20.12.2017) by Health and Social Care Professionals (Amendment) Act 2017 (32/2017), s. 5(b), S.I. No. 592 of 2017.

Editorial Notes:

E31

Power pursuant to section exercised (27.09.2019) by Dietitians Registration Board Delayed Entry Applicants Bye-Law 2019 (S.I. No. 487 of 2019), in effect as per art. 1(2).

E32

Power pursuant to section exercised (31.07.2019) by Occupational Therapists Registration Board Delayed Entry Applicants Bye-Law 2019 (S.I. No. 407 of 2019), in effect as per art. 1(2).

E33

Power pursuant to section exercised (30.07.2019) by Speech and Language Therapists Registration Board Delayed Entry Applicants Bye-Law 2019 (S.I. No. 406 of 2019), in effect as per art. 1(2).

E34

Power pursuant to section exercised (18.07.2019) by Radiographers Registration Board Delayed Entry Applicants Bye-Law 2019 (S.I. No. 364 of 2019), in effect as per art. 1(2).

E35

Power pursuant to section exercised (16.07.2019) by Optical Registration Board Delayed Entry Applicants Bye-Law 2019 (S.I. No. 352 of 2019), in effect as per art. 1(2).

E36

Power pursuant to section exercised (11.07.2019) by Physiotherapists Registration Board Delayed Entry Applicants Bye-Law 2019 (S.I. No. 351 of 2019), in effect as per art. 1(2).

E37

Power pursuant to section exercised (23.05.2019) by Optical Registration Board Approved Qualifications Bye-Law 2019 (S.I. No. 228 of 2019), in effect as per art. 2(2).

E38

Power pursuant to section exercised (21.05.2019) by Medical Scientists Registration Board Return to Practice Bye-Law 2019 (S.I. No. 232 of 2019), in effect as per art. 1(3).

E39

Power pursuant to section exercised (8.05.2019) by Dietitians Registration Board Approved Qualifications Bye-law 2019 (S.I. No. 231 of 2019), in effect as per art. 2(2).

E40

Power pursuant to section exercised (20.03.2019) by Medical Scientists Registration Board Criteria For Restoration To The Register Following Removal On Request Bye-Law 2019 (S.I. No. 114 of 2019), in effect as per art. 1(2).

E41

Power pursuant to section exercised (20.03.2019) by Medical Scientists Registration Board Criteria For Restoration To The Register Following Cancellation Of Registration Bye-Law 2019 (S.I. No. 113 of 2019), in effect as per art. 1(2).

E42

Power pursuant to section exercised (20.03.2019) by Medical Scientists Registration Board Application For Registration Bye-Law 2019 (S.I. No. 111 of 2019), in effect as per art. 1(2).

E43

Power pursuant to section exercised (28.02.2019) by Social Care Workers Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 52 of 2019), in effect as per art. 4.

E44

Power pursuant to section exercised (28.02.2019) by Occupational Therapists Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 51 of 2019), in effect as per art. 5.

E45

Power pursuant to section exercised (28.02.2019) by Dietitians Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 50 of 2019), in effect as per art. 5.

E46

Power pursuant to section exercised (28.02.2019) by Speech And Language Therapists Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 49 of 2019), in effect as per art. 5.

E47

Power pursuant to section exercised (28.02.2019) by Optical Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 48 of 2019), in effect as per art. 5.

E48

Power pursuant to section exercised (28.02.2019) by Optical Registration Board Code Of Professional Conduct And Ethics For Dispensing Opticians Bye-Law 2019 (S.I. No. 47 of 2019), in effect as per art. 5.

E49

Power pursuant to section exercised (28.02.2019) by Medical Scientists Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 46 of 2019), in effect as per art. 4.

E50

Power pursuant to section exercised (28.02.2019) by Physiotherapists Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 45 of 2019), in effect as per art. 5.

E51

Power pursuant to section exercised (28.02.2019) by Radiographers Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 44 of 2019), in effect as per art. 5.

E52

Power pursuant to section exercised (28.02.2019) by Social Workers Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 5 of 2019), in effect as per art. 5.

E53

Power pursuant to section exercised (13.06.2018) by Physiotherapists Registration Board Approved Qualifications Bye-Law 2018 (S.I. No. 205 of 2018), in effect as per art. 1(2).

E54

Power pursuant to section exercised (11.10.2017) by Election of Members for Appointment to the Optical Registration Board Bye-law 2017 (S.I. No. 438 of 2017), in effect as per art. 1(2).

E55

Power pursuant to section exercised (26.04.2017) by Physiotherapists Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 184 of 2017), in effect as per art. 1(2).

E56

Power pursuant to section exercised (26.04.2017) by Physiotherapists Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 183 of 2017), in effect as per art. 1(2).

E57

Power pursuant to section exercised (12.04.2017) by Occupational Therapists Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 153 of 2017), in effect as per art. 1(2).

E58

Power pursuant to section exercised (12.04.2017) by Occupational Therapists Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 152 of 2017), in effect as per art. 1(2).

E59

Power pursuant to section exercised (6.04.2017) by Dietitians Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 138 of 2017), in effect as per art. 1(2).

E60

Power pursuant to section exercised (6.04.2017) by Dietitians Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 137 of 2017), in effect as per art. 1(2).

E61

Power pursuant to section exercised (5.04.2017) by Radiographers Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 133 of 2017), in effect as per art. 1(2).

E62

Power pursuant to section exercised (5.04.2017) by Radiographers Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 132 of 2017), in effect as per art. 1(2).

E63

Power pursuant to section exercised (28.03.2017) by Optical Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 106 of 2017), in effect as per art. 1(2).

E64

Power pursuant to section exercised (28.03.2017) by Optical Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 105 of 2017), in effect as per art. 1(2).

E65

Power pursuant to section exercised (23.03.2017) by Social Workers Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 104 of 2017), in effect as per art. 1(3).

E66

Power pursuant to section exercised (23.03.2017) by Social Workers Registration Board Criteria for Restoration to the Register following Cancellation of Registration Bye-Law 2017 (S.I. No. 103 of 2017), in effect as per art. 1(2).

E67

Power pursuant to section exercised (15.03.2017) by 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), in effect as per art. 1(2).

E68

Power pursuant to section exercised (15.03.2017) by 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), in effect as per art. 1(2).

E69

Power pursuant to section exercised (30.09.2016) by Physiotherapists Registration Board Return to Practice Bye-Law 2016 (S.I. No. 498 of 2016), in effect as per art. 1(2).

E70

Power pursuant to section exercised (30.09.2016) by Physiotherapists Registration Board Application for Registration Bye-Law 2016 (S.I. No. 496 of 2016), in effect as per art. 1(2).

E71

Power pursuant to section exercised (13.09.2016) by Election of Members for Appointment to the Occupational Therapists Registration Board Bye-law 2016 (S.I. No. 480 of 2016), in effect as per art. 1(2).

E72

Power pursuant to section exercised (6.09.2016) by Election of Members for Appointment to the Speech and Language Therapists Registration Board Bye-law 2016 (S.I. No. 468 of 2016), in effect as per art. 1(2).

E73

Power pursuant to section exercised (20.07.2016) by Election of Members for Appointment to the Dietitians Registration Board Bye-law 2016 (S.I. No. 387 of 2016), in effect as per art. 1(2).

E74

Power pursuant to section exercised (31.10.2015) by Optical Registration Board Return to Practice Bye-Law 2015 (S.I. No. 454 of 2015), in effect as per art. 1(2).

E75

Power pursuant to section exercised (31.10.2015) by 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), in effect as per art. 1(2).

E76

Power pursuant to section exercised (31.10.2015) by Optical Registration Board Application for Registration Bye-Law 2015 (S.I. No. 450 of 2015), in effect as per art. 1(2).

E77

Power pursuant to section exercised (14.07.2015) by Occupational Therapists Registration Board Return to Practice Bye-Law 2015 (S.I. No. 295 of 2015), in effect as per art. 1(2).

E78

Power pursuant to section exercised (10.06.2015) by Radiographers Registration Board Approved Qualifications and Divisions of the Register Bye-Law 2015 (S.I. No. 239 of 2015), in effect as per art. 2(2).

E79

Power pursuant to section exercised (1.04.2015) by Speech and Language Therapists Registration Board Return to Practice Bye-Law 2015 (S.I. No. 117 of 2015), in effect as per art. 1(2).

E80

Power pursuant to section exercised (30.03.2015) by Dietitians Registration Board Return to Practice Bye-Law 2015 (S.I. No. 108 of 2015), in effect as per art. 1(2).

E81

Power pursuant to section exercised (24.03.2015) by Occupational Therapists Registration Board Approved Qualifications Bye-law 2015 (S.I. No. 98 of 2015), in effect as per art. 1(2).

E82

Power pursuant to section exercised (27.01.2015) by Radiographers Registration Board Return to Practice Bye-Law 2015 (S.I. No. 25 of 2015), in effect as per art. 1(2).

E83

Power pursuant to section exercised (14.10.2014) by Speech and Language Therapists Registration Board Approved Qualifications Bye-law 2014 (S.I. No. 471 of 2014), in effect as per art. 1(2).

E84

Power pursuant to section exercised (14.10.2014) by Speech and Language Therapists Registration Board Application for Registration Bye-law 2014 (S.I. No. 464 of 2014), in effect as per art. 1(2).

E85

Power pursuant to section exercised (7.10.2014) by Dietitians Registration Board Approved Qualifications Bye-law 2014 (S.I. No. 447 of 2014), in effect as per art. 1(2).

E86

Power pursuant to section exercised (16.09.2014) by Occupational Therapists Registration Board Application for Registration Bye-law 2014 (S.I. No. 412 of 2014), in effect as per art. 1(2).

E87

Power pursuant to section exercised (2.09.2014) by Dietitians Registration Board Application for Registration Bye-law 2014 (S.I. No. 391 of 2014), in effect as per art. 1(2).

E88

Power pursuant to section exercised (21.05.2014) by Election of Members for Appointment to the Social Workers Registration Board Bye-law 2014 (S.I. No. 213 of 2014), in effect as per art. 1(2).

E89

Power pursuant to section exercised (26.03.2014) by Election of Members for Appointment to the Radiographers Registration Board Bye-law 2014 (S.I. No. 150 of 2014), in effect as per art. 1(2).

E90

Power pursuant to section exercised (11.10.2013) by Radiographers Registration Board Application for Registration Bye-law 2013 (S.I. No. 391 of 2013), in effect as per art. 1(2).

E91

Power pursuant to section exercised (20.08.2013) by Social Workers Registration Board Return to Practice bye-law 2013 (S.I. No. 319 of 2013), in effect as per art. 1(2).

E92

Power pursuant to section exercised (29.03.2011) by Application for Registration of Social Workers bye-law 2011 (S.I. No. 142 of 2011), in effect as per art. 1(2).

E93

Power pursuant to section exercised (29.03.2011) by Approved Qualifications for Social Workers Bye-Law 2011 (S.I. No. 137 of 2011), in effect as per art. 1(2).

E94

Previous affecting provision: power pursuant to section exercised (20.03.2019) by Medical Scientists Registration Board Return to Practice Bye-Law 2019 (S.I. No. 112 of 2019), in effect as per art. 1(2); revoked (21.05.2019) by Medical Scientists Registration Board Return to Practice Bye-Law 2019 (S.I. No. 232 of 2019), art. 1(2), in effect as per art. 1(3).

E95

Previous affecting provision: power pursuant to section exercised (19.06.2018) by Optical Registration Board Approved Qualifications Bye-Law 2018 (S.I. No. 207 of 2018), in effect as per art. 1(2); revoked (23.05.2019) by Optical Registration Board Approved Qualifications Bye-Law 2019 (S.I. No. 228 of 2019), art. 1, in effect as per art. 2(2).

E96

Previous affecting provision: power pursuant to section exercised (5.12.2017) by Dieticians Registration Board Approved Qualifications Bye-Law 2017 (S.I. No. 552 of 2017), in effect as per art. 2(2); revoked (8.05.2019) by Dietitians Registration Board Approved Qualifications Bye-law 2019 (S.I. No. 231 of 2019), art. 1, in effect as per art. 2(2).

E97

Previous affecting provision: power pursuant to section exercised (30.09.2016) by Physiotherapists Registration Board Code of Professional Conduct and Ethics Bye-Law 2016 (S.I. No. 497 of 2016), in effect as per art. 4; revoked (28.02.2019) by Physiotherapists Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 45 of 2019), art. 2, in effect as per art. 5.

E98

Previous affecting provision: power pursuant to section exercised (31.10.2015) by Optical Registration Board Code of Professional Conduct and Ethics for Dispensing Opticians Bye-Law 2015 (S.I. No. 453 of 2015), in effect as per art. 4; revoked (28.02.2019) by Optical Registration Board Code Of Professional Conduct And Ethics For Dispensing Opticians Bye-Law 2019 (S.I. No. 47 of 2019), art. 2, in effect as per art. 5.

E99

Previous affecting provision: power pursuant to section exercised (31.10.2015) by Optical Registration Board Code of Professional Conduct and Ethics for Optometrists Bye-Law 2015 (S.I. No. 452 of 2015), art. 2, in effect as per art. 4; revoked (28.02.2019) by Optical Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 48 of 2019), in effect as per art. 5.

E100

Previous affecting provision: power pursuant to section exercised (25.11.2014) by Occupational Therapists Registration Board Code of Professional Conduct and Ethics Bye-law 2014 (S.I. No. 527 of 2014), in effect as per art. 4; revoked (28.02.2019) by Occupational Therapists Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 51 of 2019), art. 2, in effect as per art. 5.

E101

Previous affecting provision: power pursuant to section exercised (14.10.2014) by Speech and Language Therapists Registration Board Code of Professional Conduct and Ethics Bye-law 2014 (S.I. No. 472 of 2014), in effect as per art. 4; revoked (28.02.2019) by Speech And Language Therapists Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 49 of 2019), art. 2, in effect as per art. 5.

E102

Previous affecting provision: power pursuant to section exercised (7.10.2014) by Dietitians Registration Board Code of Professional Conduct and Ethics Bye-law 2014 (S.I. No. 448 of 2014), in effect as per art. 4; revoked (28.02.2019) by Dietitians Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 50 of 2019), art. 2, in effect as per art. 5.

E103

Previous affecting provision: power pursuant to section exercised (11.10.2013) by Radiographers Registration Board Code of Professional Conduct and Ethics Bye-law 2013 (S.I. No. 392 of 2013), in effect as per art. 4; revoked (28.02.2019) by Radiographers Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 44 of 2019), art. 2, in effect as per art. 5.

E104

Previous affecting provision: power pursuant to section exercised (11.10.2013) by Radiographers Registration Board Approved Qualifications and Divisions of the Register Bye-law 2013 (S.I. No. 390 of 2013), in effect as per art. 1(2); revoked (10.06.2015) by Radiographers Registration Board Approved Qualifications and Divisions of the Register Bye-Law 2015 (S.I. No. 239 of 2015), art. 1, in effect as per art. 2(2).

E105

Previous affecting provision: subs. (1)(fa) inserted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 6(b), S.I. No. 23 of 2013; substituted as per F-note above.

E106

Previous affecting provision: power pursuant to section exercised (6.11.2012) by Social Workers Registration Board Criteria for Restoration to the Register Bye-law 2012 (S.I. No. 430 of 2012), in effect as per art. 1(2); revoked (23.03.2017) by Social Workers Registration Board Criteria for Restoration to the Register following Removal on Request Bye-Law 2017 (S.I. No. 104 of 2017), art. 1(2), in effect as per art. 1(3).

E107

Previous affecting provision: power pursuant to section exercised (30.05.2012) by Election of Members for Appointment to the Social Workers Registration Board Bye-law 2012 (S.I. No. 174 of 2012), in effect as per art. 1(2); revoked (21.05.2014) by Election of Members for Appointment to the Social Workers Registration Board Bye-Law 2014 (S.I. No. 213 of 2014), art. 1(3), in effect as per art. 1(2).

E108

Previous affecting provision: power pursuant to section exercised (29.03.2011) by Code of Professional Conduct and Ethics for Social Workers bye-law 2011 (S.I. No. 143 of 2011), in effect as per art. 4; revoked (28.02.2019) by Social Workers Registration Board Code Of Professional Conduct And Ethics Bye-Law 2019 (S.I. No. 5 of 2019), art. 2, in effect as per art. 5.