Health and Social Care Professionals Act 2005

Registration in register of designated profession.

38

38.—(1) The registration board of a designated profession shall grant registration to any person who—

( a) complies with section 37 and with any requirement imposed on, or request made to, him or her under that section,

( b) F46 [ subject to subsections (1A) and (2A) to (2D) , ] holds an approved qualification in that profession,

( c) satisfies the board that he or she is a fit and proper person F46 [ (including, subject to section 40A , physically and mentally a fit and proper person) ] to engage in the practice of the profession,

F47 [ ( 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 ), and a person to whom the bye-law applies satisfies the board that he or she has met the criteria and fulfilled the conditions specified in that bye-law, ]

( d) F48 [ ] satisfies the board as to his or her knowledge of the language necessary for practising the profession in the State, and

( e) pays the required fee to the Council.

F46 [ (1A) ( a ) Paragraph (b) of subsection (1) does not apply in the case of a person seeking registration as a member of the designated profession of optometrist if he or she was at any prior time registered in the Register of Optometrists within the meaning of the Act of 1956.

( b ) Paragraph (b) of subsection (1) does not apply in the case of a person seeking registration as a member of the designated profession of dispensing optician if he or she was at any prior time registered in the Register of Dispensing Opticians within the meaning of the Act of 1956. ]

F49 [ (2) F50 [ Subject to subsections (2A) and (2D) , a person holds ] an approved qualification in a designated profession if

( a ) the person has been awarded a qualification in the State,

( b ) the person is a person to whom Directive 2005/36/EC applies and whose professional qualification in that profession is recognised in the State in accordance with F50 [ that Directive, ]

( c ) the person is a person other than a person referred to in paragraph (a) or (b) , who is eligible to practise that profession in a state other than a state in relation to which Directive 2005/36/EC applies and who

(i) holds a professional qualification in that profession that the registration board concerned decides is one that attests to a standard of proficiency corresponding to the standard attested to by the relevant qualification referred to in paragraph (a) , or

F51 [ (ii) holds a professional qualification that is one that the registration board concerned decides is not a professional qualification that attests to such a standard of proficiency, but is the subject of a decision of the registration board that he or she successfully completed, in the State, the aptitude test or adaptation period that the registration board has required of the person, ] ]

F52 [ ( d ) the person is a person, other than a person referred to in paragraph (a), (b) or (c) , who

(i) was lawfully engaged in the practice of that profession for a period of not less than 5 years, and

(ii) holds a qualification (being a qualification that has never been, or that has formerly been, a qualification within the meaning of section 3(1) ) awarded in the State

(I) listed opposite that profession in the third column of Schedule 3 , or

(II) prescribed under section 95 for F51 [ that profession, or ] ]

F53 [ ( e ) in the case of a relevant designated profession, the person is a person, other than a person referred to in paragraph (a) , (b) , (c) or (d) , who holds a relevant professional qualification in that profession. ]

F54 [ (2A) Subject to subsection (2B) , a person seeking registration as a member of the designated profession of optometrist shall not be registered as such unless he or she has undergone such courses of training and passed such examinations that, immediately before the relevant day, were specified for the purposes of section 24 of the Act of 1956 in rules made under section 18 of that Act.

(2B) Subject to subsection (2C) , subsection (2A) shall cease to be in operation immediately upon the coming into operation of a bye-law (if any) made by the Optical Registration Board relating to

( a ) the designated profession of optometrist, and

( b ) a matter falling within section 31(1)(c) .

(2C) Subsection (2A) shall not cease to be in operation by virtue of subsection (2B) in the case of a person seeking registration as a member of the designated profession of optometrist who has, before the coming into operation of the bye-law referred to in subsection (2B) , undergone the courses of training referred to in subsection (2A) and passed the examinations referred to in subsection (2A) .

(2D) Subject to subsection (2E) , a person seeking registration as a member of a designated profession (other than the profession of optometrist) in respect of which the registration board of the profession has not yet made a bye-law relating to that profession and on a matter falling within section 31(1)(c) (or, if the board has made such bye-law, the bye-law has not yet come into operation) shall not be registered as such unless he or she holds a qualification (not being a qualification within the meaning of section 3(1) ) awarded in the State that renders that person eligible to be appointed as an employee of the Health Service Executive to perform, as such employee, the functions of a member of that profession.

(2E) Subsection (2D) shall cease to be in operation in relation to a particular designated profession immediately upon the coming into operation of a bye-law (if any) made by the registration board of that profession relating to that profession and on a matter falling within section 31(1)(c) . ]

F55 [ (2F) The Physiotherapists Registration Board shall grant registration to a person who

( a ) 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 31 December 2019, 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)(i) in respect of persons who were 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 a person to whom the bye-law applies satisfies that board that he or she has met the criteria and fulfilled the conditions specified in that bye-law, and

( d ) 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. ]

F53 [ (2G) A document that purports to be evidence of the recognition referred to in the definition of relevant professional qualification shall, for the purposes of this Act and in the absence of evidence to the contrary, be taken to be proof of such recognition. ]

(3) A registration board may register a person in more than one division of a register if the person satisfies the conditions specified in the bye-laws for registration in each division.

F49 [ (4) In this section

adaptation period , in relation to registration of a person in a designated profession, means the practice of that profession, whether or not that practice is accompanied by other training, under the supervision

( a ) subject to paragraph (b) , of a registrant in relation to that profession, or

( b ) in the case of an adaptation period that takes place during the transitional period, within the meaning of section 90 , in relation to that profession, of a registrant in relation to that profession or another person who is practising that profession in the State;

aptitude test , in relation to registration of a person in a designated profession, means a test (which may include assessment of the knowledge of the professional rules applicable to that profession in the State, and other subjects) to assess the professional knowledge of the person that

( a ) is essential in order for a person to practise the profession in the State, and

( b ) in the opinion of the registration board concerned, was not required in order for the person to obtain his or her professional qualification. ]

F53 [ relevant designated profession means a designated profession listed in the second column of Schedule 4 ;

relevant person , in relation to a relevant designated profession, means the person listed opposite that profession in the third column of Schedule 4 ;

relevant professional qualification , in relation to a relevant designated profession, means a professional qualification that was recognised by the relevant person

( a ) as a professional qualification that attested to a standard of proficiency that rendered the holder thereof eligible for recruitment by the Health Service Executive (or any specified body within the meaning of section 56 of the Health Act 2004 ) in the profession to which that qualification relates, and

( b ) in the case of

(i) the relevant designated profession of dispensing optician or optometrist, either

(I) before 31 October 2015, or

(II) on or after 31 October 2015 where an assessment for the purposes of such recognition was commenced by the relevant person before that date,

and

(ii) any other relevant designated profession, either

(I) before the date on which the register for the designated profession was established under section 36(1) , or

(II) on or after the date referred to in clause (I) where an assessment for the purposes of such recognition was commenced by the relevant person before that date. ]

Annotations:

Amendments:

F46

Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 22(a)-(c), S.I. No. 588 of 2014.

F47

Substituted (20.12.2017) by Health and Social Care Professionals (Amendment) Act 2017 (32/2017), s. 6(a), S.I. No. 592 of 2017.

F48

Deleted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 7(b), S.I. No. 23 of 2013.

F49

Substituted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 7(c) and (d), S.I. No. 23 of 2013.

F50

Substituted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 22(d)(i), (ii), S.I. No. 588 of 2014.

F51

Substituted (4.06.2019) by Health and Social Care Professionals (Amendment) Act 2019 (16/2019), s. 3(a)(i), (ii), commenced on enactment.

F52

Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 22(d)(iv), S.I. No. 588 of 2014.

F53

Inserted (4.06.2019) by Health and Social Care Professionals (Amendment) Act 2019 (16/2019), s. 3(a)(iii), (b), (c), commenced on enactment.

F54

Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 22(e), S.I. No. 588 of 2014.

F55

Inserted (20.12.2017) by Health and Social Care Professionals (Amendment) Act 2017 (32/2017), s. 6(b), S.I. No. 592 of 2017.

Editorial Notes:

E113

Subs. (2)(c)(ii) sought to be amended (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 22(d)(iii), S.I. No. 588 of 2014; however the text referred to as “of the person,” actually reads “of the person.” The replacement version reads “of the person, or”.

E114

Previous affecting provision: subs. (1)(ca) inserted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 7(a), S.I. No. 23 of 2013; substituted as per F-note above.