Medical Practitioners Act 2007


Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 18 May 2018


This Revised Act is an administrative consolidation of the Medical Practitioners Act 2007. 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 Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Medical Council (Evidence of Indemnity) Rules 2018 (S.I. No. 222 of 2018), made 17 May 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 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 18 May 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 first passed.

Related legislation

Health Acts 1947 to 2015: this Act is one of a group of Acts included in this collective citation ( Health (General Practitioner Service) Act 2015 (19/2015), s. 4(2)). The Acts in this group are:

Health Act 1947 (28/1947)

Health Act 1953 (26/1953)

Health (Fluoridation of Water Supplies) Act 1960 (46/1960)

Health Act 1970 (1/1970)

Misuse of Drugs Act 1977 (12/1977), s. 36 and s. 42 in so far as it amends the Health Acts 1947 to 1970

Health (Family Planning) Act 1979 (20/1979)

Health (Amendment) Act 1986 (10/1986)

Health (Amendment) Act 1987 (3/1987)

Health (Nursing Homes) Act 1990 (23/1990)

Health (Amendment) Act 1991 (15/1991), other than s. 8

Health (Amendment) Act 1994 (11/1994)

Health (Amendment) Act 1996 (15/1996)

Health (Amendment) (No. 2) Act 1996 (23/1996)

Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22

Health (Provision of Information) Act 1997 (9/1997)

Health (Eastern Regional Health Authority) Act 1999 (13/1999)

Health (Miscellaneous Provisions) Act 2001 (14/2001), except in so far as it relates to the Tobacco (Health Promotion and Protection) Act 1988

Health Act 2004 (42/2004)

Health (Amendment) Act 2005 (3/2005), in so far as it amends the Health Acts 1947 to 2004

Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 5

Health (Repayment Scheme) Act 2006 (17/2006)

Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), except s. 6

Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

Health Act 2007 (23/2007)

Medical Practitioners Act 2007 (25/2007), s. 57(9)

Health Act 2008 (21/2008)

Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64

Health (Amendment) Act 2010 (15/2010)

Health (Amendment) (No. 2) Act 2010 (20/2010)

Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36

Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30

Health Service Executive (Governance) Act 2013 (23/2013)

Local Government Reform Act 2014 (1/2014), s. 5(6) and sch. 2 part 6 in so far as they amend the Health (Flouridation of Water Supplies) Act 1960 (46/1960) and s. 1(14)

Health Service Executive (Financial Matters) Act 2014 (17/2014)

Health (General Practitioner Service) Act 2014 (28/2014)

Health (General Practitioner Service) Act 2015 (19/2015)

Acts previously included in the group but now repealed are:

Health Act 1954 (23/1954)

Health and Mental Treatment Act 1957 (16/1957), s. 1

Health and Mental Treatment (Amendment) Act 1958 (37/1958), s.1

Health (Homes For Incapacitated Persons) Act 1964 (8/1964)

Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1

Health (Mental Services) Act 1981 (17/1981)

Health (Family Planning) (Amendment) Act 1985 (4/1985)

Health (Amendment) Act 2004 (19/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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 1985, 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

Medical Practitioners (Amendment) Act 2017 (10/2017)

Freedom of Information Act 2014 (30/2014)

Health (General Practitioner Service) Act 2014 (28/2014)

Health Identifiers Act 2014 (15/2014)

Local Government Reform Act 2014 (1/2014)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012)

Health (Pricing and Supply of Medical Goods Act 2013 (14/2013)

Medical Practitioners (Amendment) Act 2011 (12/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Health (Miscellaneous Provisions) Act 2010 (18/2010)

Health (Miscellaneous Provisions) Act 2007 (42/2007)

Pharmacy Act 2007 (20/2007)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Medical Council (Evidence of Indemnity) Rules 2018 (S.I. No. 222 of 2018)

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

Medical Council Rules in Respect of the Duties of Council in Relation to Medical Education and Training (Section 88 of the Medical Practitioners Act 2007) (S.I. No. 685 of 2016)

European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014 (S.I. No. 7 of 2014)

Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amenment) Act 2011 (S.I. No. 208 of 2013)

Medical Council (Election of Registered Medical Practitioners) Regulations 2013 (S.I. No. 22 of 2013)

Medical Council Rules in Respect of the Duties of Council in Relation to Medical Education and Training (Section 88 of the Medical Practitioners Act 2007) (S.I. No. 588 of 2012)

Medical Council Annual Retention Rules (S.I. No. 171 of 2012)

Medical Council - Rules for the Maintenance of Professional Competence (No. 2) (S.I. No. 741 of 2011)

Rules Specifying Examinations and Criteria for Registration in the Supervised Division Pursuant to the Medical Practitioners (Amendment) Act 2011 (S. I. No. 733 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Medical Council Registration Rules (S. I. No. 417 of 2011)

Medical Council - Rules for the Maintenance of Professional Competence (S. I. No. 171 of 2011)

Medical Council - Registration Rules V3 2010 (S. I. No. 688 of 2010)

Medical Council Rules in Respect of Training Bodies and Qualifications for the Purposes of the Specialist and Trainee Specialist Divisions (Section 89 of the Medical Practitioners Act 2007) (S. I. No. 529 of 2010)

Medical Council Rules in Respect of the Duties of Council in Relation to Medical Education and Training (Section 88 of the Medical Practitioners Act 2007) (S. I. No. 528 of 2010)

Medical Council Rules Specifying Pre-Registration Examinations and Exemptions VF3 (S. I. No. 480 of 2010)

Medical Practitioners Act 2007 (Commencement) Order 2010 (S. I. No. 150 of 2010)

Medical Council Rules Specifying Criteria to be Considered for Application for Restoration to the Register (S. I. No. 594 of 2009)

Medical Council Rules Regarding the Receiving and Recording of Evidence by the Fitness to Practise Committee (S. I. No. 593 of 2009)

Medical Council Rules Specifying Particulars to be Contained in the Register of Medical Practitioners (S. I. No. 592 of 2009)

Medical Council - Registration Rules 2009 VF2 (S. I. No. 591 of 2009)

Medical Practitioners Act 2007 (Commencement) Order 2009 (S. I. No. 40 of 2009)

Medical Practitioners Act 2007 (Transfer Day) Order 2008 (S. I. No. 555 of 2008)

Medical Practitioners Act 2007 (Commencement) (No. 3) Order 2008 (S. I. No. 554 of 2008)

European Communities (Directive 2006/100/EC) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008 (S.I. No. 393 of 2008)

Medical Practitioners Act 2007 (Commencement) (No. 2) Order 2008 (S. I. No. 231 of 2008)

Medical Practitioners Act 2007 (Commencement) Order 2008 (S. I. No. 24 of 2008)

Medical Council (Election of Registered Medical Practitioners) Regulations 2008 (S. I. No. 23 of 2008)

All statutory instruments up to and including Medical Council (Evidence of Indemnity) Rules 2018 (S.I. No. 222 of 2018), made 17 May 2018, were considered in the preparation of this revision.


Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 18 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Repeals and revocations.

PART 2

Continuance in being of Council and object and functions of Council, etc.

4. Continuance in being of Council.

5. Seal of Council.

6. Object of Council.

7. Functions of Council.

8. Conferral of additional functions on Council.

9. Ministerial directions to Council.

10. Immunity.

11. Council’s power to make rules.

12. Council’s power to issue guidelines.

PART 3

Statement of Strategy, Business Plan and Annual Report of Council

13. Council to prepare and submit statement of strategy.

14. Publication and implementation of statement of strategy.

15. Council to prepare and forward business plan to Minister.

16. Council to submit annual report to Minister.

PART 4

Members, Committees and Staff of Council

17. Members of Council.

18. Elections.

19. First meeting of Council under this Act.

20. Committees of Council.

21. Expenses of members of Council and committees.

22. Payment of allowances.

23. Removal of members of Council from office.

24. Chief executive officer.

25. Staff of Council.

26. Age limits.

27. Superannuation.

28. Membership of either House of Oireachtas by member of staff of Council.

29. Membership of local authority or European Parliament by member of staff of Council.

30. Disclosure of interests by members of Council or committee.

31. Disclosure of interests by members of staff of Council.

PART 5

Accounts and Finances of Council

32. Accounts of Council.

33. Power of Council to borrow.

34. Acceptance of gifts by Council.

35. Expenses of Council and Minister.

36. Fees that Council may charge.

PART 6

Registration of Medical Practitioners

37. Unregistered medical practitioners shall not practise medicine.

38. Circumstances in which unregistered medical practitioners may practise medicine.

38A. Duty of medical practitioner — indemnity.

39. Designated titles.

40. Use of designated titles.

41. Offences and penalties.

42. Recovery of fees, etc.

43. Register.

44. Transitional provisions applicable to register.

45. Registration of medical practitioners — general.

46. Medical practitioners to be registered in General Division.

47. Medical practitioners to be registered in Specialist Division.

48. Medical practitioners to be registered in Trainee Specialist Division.

49. Internship registration in Trainee Specialist Division.

50. Visiting EEA practitioners providing services on temporary and occasional basis.

50A. Registration of medical practitioners in Supervised Division.

51. Registration of additional qualifications.

52. Application to have registration removed, etc.

53. Conditions attached to first registration.

54. Refusal of registration, etc., and appeal to Court against Council’s decision.

55. Correction of register.

56. Publication of register.

PART 7

Complaints to Preliminary Proceedings Committee concerning registered medical practitioners

56A. Application of Parts 7, 8 and 9 to medical practitioners previously registered in Supervised Division.

57. Complaints concerning registered medical practitioners.

58. Persons to assist Preliminary Proceedings Committee.

59. Consideration of complaints by Preliminary Proceedings Committee.

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

61. No further action or referral of complaint to another body or authority or to professional competence scheme.

62. Resolution of complaints by mediation or other informal means.

63. Referral of complaint to Fitness to Practise Committee.

PART 8

Complaints referred to Fitness to Practise Committee

64. Duty to notify registered medical practitioner and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.

65. Conduct of hearing.

66. Powers and protections relating to witnesses and evidence.

67. If registered medical practitioner consents to censure or remedial action, etc.

68. If complaint is withdrawn while it is being considered by Fitness to Practise Committee.

69. Report to Council by Fitness to Practise Committee.

70. Steps to be taken by Council after receiving report.

PART 9

Imposition of sanctions on registered medical practitioners following reports of Fitness to Practise Committee

70A. Sections 71 and 72 not to apply in certain cases.

71. Duty of Council to decide on appropriate sanction.

71A. Duty of Council to decide on appropriate sanction in certain cases (Supervised Division).

72. Provisions supplementary to section 71 .

72A. Provisions supplemental to section 71A.

73. Duty to notify registered medical practitioner of Council’s sanction.

74. Confirmation by Court required before certain decisions become effective.

75. Appeal to Court against Council’s decision under section 71 .

76. Application to Court for confirmation of Council’s decision.

77. Evidence relating to appeal under section 75(1) or application under section 76(1) to Court.

78. Duty to notify registered medical practitioner of compliance with decisions confirmed or given by Court.

79. Removal of registration for failure to pay fee.

80. Restoration, etc., of registration following payment of certain fees.

80A. Removal of registration for failure to provide certain evidence relating to indemnity.

80B. Restoration after removal under section 80A.

81. Restoration of registration which has been cancelled.

82. Removal of conditions attached to registration.

83. Appeal to Court against Council’s decision under section 81 or 82.

84. Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.

85. Information Council may publish in public interest.

PART 10

Education and Training

86. Duties of Health Service Executive in relation to medical and dental education and training.

87. Functions of Council in relation to Directives of European Union relating to medical education and training.

88. Duties of Council in relation to medical education and training.

89. Training bodies and qualifications for the purposes of the Specialist and Trainee Specialist Divisions.

90. Appeal to Court against Council’s decision under section 88 (2)(a)(i)(II) or (ii) or 89(3)(a)(ii) or (b).

PART 11

Maintenance of Professional Competence

91. Duty of Council in relation to maintenance of professional competence of registered medical practitioners.

92. Appeal to Court against Council’s decision under section 91(4)(a) or (b).

93. Duty of Health Service Executive and other employers in relation to the maintenance of professional competence of registered medical practitioners.

94. Duty of registered medical practitioners to maintain professional competence.

95. Confidentiality.

PART 12

Dissolution of Postgraduate Medical and Dental Board

96. Interpretation of Part 12 .

97. Transfer day and dissolution of Board.

98. Minister may require information from Board.

99. Transfer of staff.

100. Transfer of property and liabilities to Health Service Executive.

101. Preservation of certain contracts and adaptation of references.

102. Pending legal proceedings.

103. Preparation of accounts.

PART 13

Miscellaneous

104. Privilege.

105. Investigation.

106. Council to be licensing authority, etc., under Anatomy Act 1832.

107. Power to specify forms.

108. Construction of references to registered medical practitioner and Medical Council, etc.

109. Persons entitled to sign medical certificates.

SCHEDULE 1

Repeals and Revocations

PART 1

Acts Repealed

PART 2

Statutory Instruments Revoked

SCHEDULE 2

Council: Membership and Meetings


Acts Referred to

Anatomy Act 1832

2 & 3 Will. IV c. 75

Carer’s Leave Act 2001

2001, No. 19

Companies Act 1990

1990, No. 27

Dentists Act 1985

1985, No. 9

Ethics in Public Office Act 1995

1995, No. 22

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Acts 1997 and 2003

Health Acts 1947 to 2007

Health Act 2004

2004, No. 42

Health Act 2007

2007, No. 23

Health and Social Care Professionals Act 2005

2005, No. 27

Higher Education Authority Act 1971

1971, No. 22

Local Government (Superannuation) Act 1980

1980, No. 8

Local Government Act 2001

2001, No. 37

Medical Practitioners (Amendment) Act 1993

1993, No. 17

Medical Practitioners (Amendment) Act 2000

2000, No. 24

Medical Practitioners (Amendment) Act 2002

2002, No. 17

Medical Practitioners Act 1927

1927, No. 25

Medical Practitioners Act 1978

1978, No. 4

Medical Practitioners Acts 1978 to 2002

Minimum Notice and Terms of Employment Acts 1973 to 2005

Nurses Act 1985

1985, No. 18

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Pharmacy Acts 1875 to 1977

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Superannuation (Miscellaneous Provisions) Act 2004

2004, No. 7

Redundancy Payments Acts 1967 to 2003

Standards in Public Office Act 2001

2001, No. 31

Unfair Dismissals Acts 1977 to 2005


Number 25 of 2007


MEDICAL PRACTITIONERS ACT 2007

REVISED

Updated to 18 May 2018


AN ACT FOR THE PURPOSE OF BETTER PROTECTING AND INFORMING THE PUBLIC IN ITS DEALINGS WITH MEDICAL PRACTITIONERS AND, FOR THAT PURPOSE, TO INTRODUCE MEASURES, IN ADDITION TO MEASURES PROVIDING FOR THE REGISTRATION AND CONTROL OF MEDICAL PRACTITIONERS, TO BETTER ENSURE THE EDUCATION, TRAINING AND COMPETENCE OF MEDICAL PRACTITIONERS, TO AMEND THE MEMBERSHIP AND FUNCTIONS OF THE MEDICAL COUNCIL, TO INVESTIGATE COMPLAINTS AGAINST MEDICAL PRACTITIONERS AND TO INCREASE THE PUBLIC ACCOUNTABILITY OF THE MEDICAL COUNCIL; TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 2005/36/EC; AND, FOR THAT PURPOSE, TO REPEAL AND REPLACE THE MEDICAL PRACTITIONERS ACTS 1978 TO 2002 AND TO PROVIDE FOR RELATED MATTERS.

[7 th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 25 of 2007

...

...

Medical Practitioners Act 2007

...

...

Sections 4(2)(b), 11 and 35(3)

...

C2

Functions transferred and terms “Minister for Finance” and “Department of Finance”construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7(2), 9(2), 15 and sch. 2 part 1, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.—...

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.—...

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

...

Construction of references.

15.—(1) References to the Minister for Finance contained in any statute or instrument under a statute in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

(2) References to the Minister for Finance contained in the memorandum or articles of association of any company in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

...

No. 25 of 2007

...

...

Medical Practitioners Act 2007

...

...

Section 33

...

Editorial Notes:

E1

Work or activity which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, children and vulnerable persons pursuant to Act included in schedule 1 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012) (29.04.2016) by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 2 and sch. 1, part 1 item 15(a) and part 2 item 12(a), S.I. No. 214 of 2016.