Pharmacy Act 2007

16.

Qualifications for practice.

16.—F12[(1) A person holds a qualification appropriate for practice if he or she has been awarded a prescribed qualification in the State in accordance with prescribed training and education.]

(2) A person applying for registration in the pharmacists’ register who does not hold a qualification appropriate for practice as a pharmacist by virtue of subsection (1) shall be regarded as having a qualification appropriate for practice if—

F13[(a) he or she is a national of a relevant state and has his or her professional qualifications recognised by the Council under the Professional Qualifications F14[Regulations,]]

(b) he or she has, in a third country received such training and education, passed such examinations and obtained such qualifications as are, in the opinion of the Council, of a standard not lower than the standard of those necessary for practice in the F14[the State, or]

F15[(c) he or she has a qualification in pharmacy from a state other than the State which—

(i) falls within a ground prescribed for the purposes of this paragraph, and

(ii) in the opinion of the Council, is of a standard not lower than the standard of that necessary for practice in the State.]

F16[(3) The Council may

(a) so as to inform itself for the purposes of F14[subsection (2)(b) or (c)] about the standard of training, education, examinations and qualifications in another state, require a person to whom that provision appears to apply to sit an examination,

(b) in any case in which it is in any doubt about a matter referred to in that provision, require a person to whom that provision appears to apply to undergo such training as it may specify.

(4) Schedule 2 makes further provision as to the recognition of professional qualifications in pharmacy.

(5) In this section

national of a relevant state includes a person who is not a national of a relevant state, but who is an eligible person, as defined in Regulation 3 of the Professional Qualifications Regulations;

relevant state means

(a) a Member State,

(b) a state that is a contracting state to the EEA Agreement within the meaning given by the European Communities (Amendment) Act 1993 (other than a Member State or the State),

(c) Switzerland;

third country means a country that is not a relevant state.]

(6) F17[]

(7) F17[]

(8) F17[]

(9) F17[]

(10) F17[]

Annotations

Amendments:

F12

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 91(d)(i), in effect as per reg. 2.

F13

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 91(d)(ii), in effect as per reg. 2.

F14

Substituted (13.02.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 56(a)(i), (ii), (b), S.I. No. 54 of 2021.

F15

Inserted (13.02.2021) by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 56(a)(iii), S.I. No. 54 of 2021.

F16

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 91(d)(iii), in effect as per reg. 2.

F17

Deleted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 91(d)(iii), in effect as per reg. 2.

Editorial Notes:

E35

Qualifications, education and training prescribed for purposes of subs. (1) (1.06.2015) by Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) Rules 2014 (S.I. No. 377 of 2014), in effect as per rule 2.

E36

Fee prescribed for application under subs. (5) (1.09.2014) by Pharmaceutical Society of Ireland (Fees) Rules 2014 (S.I. No. 378 of 2014), rule 4 and sch. ref. 39, in effect as per rule 2.

E37

Previous affecting provision: section amended (02.10.2013) by European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2013 (S.I. No. 377 of 2013), regs. 3 and 4; provisions substituted or deleted as per F-note above.

E38

Previous affecting provision: section amended (30.06.2012) by European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2012 (S.I. No. 235 of 2012), reg. 2; provisions substituted as per F-note above.

E39

Previous affecting provision: section amended (29.11.2008) by European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 (S.I. No. 489 of 2008), regs. 4, 5, 6 and 7 in effect as per reg. 2; provisions substituted or deleted as per F-note above.

E40

Previous affecting provision: fee prescribed for application under subs. (5) (29.11.2008) by Pharmaceutical Society of Ireland (Fees) Rules 2008 (S.I. No. 496 of 2008), rule 4(1) and sch. ref. 33, in effect as per rule 2; revoked (1.09.2014) by Pharmaceutical Society of Ireland (Fees) Rules 2014 (S.I. No. 378 of 2014), rule 6, in effect as per rule 2.

E41

Previous affecting provision: power pursuant to section exercised (29.11.2008) by Pharmaceutical Society of Ireland (Education and Training) Rules 2008 (S.I. No. 493 of 2008), in effect as per rule 2; revoked (1.06.2015) by Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) Rules 2014 (S.I. No. 377 of 2014), rule 23(1), in effect as per rule 2, subject to transitional provision in rule 23(2).