Medical Practitioners Act 2007

88.

Duties of Council in relation to medical education and training.

88.— (1) The Council shall—

( a) set and publish in the prescribed manner the standards of medical education and training for basic and specialist medical qualifications, and

( b) monitor adherence to the standards referred to in paragraph (a).

(2) The Council shall, in relation to basic medical education—

( a) subject to F75 [ section 87 ] , after it has consulted with the Minister for Education and Science, and in accordance with the relevant criteria specified in rules made under section 11

(i) approve, approve subject to conditions attached to the approval of, amend or remove conditions attached to the approval of, or withdraw the approval of—

(I) programmes of basic medical education and training, and

(II) the bodies which may deliver those programmes,

(ii) refuse to approve a body as a body which may deliver those programmes,

( b) prepare and publish in the prescribed manner guidelines on curriculum issues and content to be included in programmes approved under paragraph (a),

( c) prepare and publish in the prescribed manner standards required for the award of a basic medical qualification pursuant to programmes approved under paragraph (a),

( d) monitor adherence to the criteria referred to in paragraph (a), the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

( e) inspect bodies approved under paragraph (a) in order to ensure ongoing compliance with the criteria referred to in that paragraph, the guidelines referred to in paragraph (b) and the standards referred to in paragraph (c),

( f) inspect places in the State where training is provided to persons undertaking training for a basic medical qualification, for the purposes of medical education and training standards,

( g) following inspections under paragraph (f), issue recommendations to the management of any place referred to in that paragraph on any improvements in medical education and training standards which may be required or any other issues arising from such inspections,

( h) publish in the prescribed manner details of all inspections carried out under this subsection,

( i) prepare and publish in the prescribed manner guidelines for bodies approved under paragraph (a) on ethical standards and behaviour appropriate for medical students pursuing a course of study leading to a basic medical qualification pursuant to programmes approved under paragraph (a), and

( j) advise the Minister and the Minister for Education and Science on any issues relating to its functions under this subsection.

(3) The Council shall, in relation to medical education and training for interns—

( a) on foot of proposals received from the Health Service Executive under section 86 (3)(c) , and in accordance with relevant criteria specified in rules made under section 11 , specify the number of intern training posts it approves for the purposes of intern training,

( b) prepare and publish in the prescribed manner guidelines on medical education and training for interns,

( c) advise the Health Service Executive in regard to the minimum entry criteria for posts approved under paragraph (a) in consultation with bodies approved under section 89(3)(a)(ii) ,

( d) specify and publish in the prescribed manner the standards for training and experience required for the granting of a certificate of experience,

( e) inspect places with posts approved under paragraph (a) for the purposes of monitoring adherence to guidelines referred to in paragraph (b) and the standards referred to in paragraph (d),

( f) following inspections under paragraph (e), issue recommendations to the management of any place referred to in that paragraph on any improvements which may be required or any other issues arising from such inspections,

( g) following prior consultation with the Minister, the Health Service Executive and the management of any place referred to in paragraph (e), and having regard to the views expressed in that consultation, remove approval from such place for the purposes of internship training where the Council considers that the guidelines referred to in paragraph (b) or the standards referred to in paragraph (d) are no longer being adhered to in respect of that place,

( h) publish in the prescribed manner details of all inspections carried out under this subsection, and

( i) advise the Minister on any issues relating to its functions under this subsection.

(4) The Council shall, in relation to specialist medical education and training—

( a) on foot of proposals received from the Health Service Executive under section 86(3)(c) , and in accordance with the relevant criteria specified in rules made under section 11 , specify the number and type of posts it approves for the purposes of specialist medical education and training,

( b) prepare and publish in the prescribed manner guidelines on specialist medical education and training,

( c) advise the Health Service Executive in regard to the minimum entry criteria for posts approved under paragraph (a) in consultation with bodies approved under section 89(3)(a)(ii) ,

( d) specify and publish in the prescribed manner the standards for training and experience required for the granting of a specialist medical qualification,

( e) inspect places with posts approved under paragraph (a) for the purposes of monitoring adherence to guidelines referred to in paragraph (b) and the standards referred to in paragraph (d),

( f) following inspections under paragraph (e), issue recommendations to the management of any place referred to in that paragraph on any improvements which may be required or any other issues arising from such inspections,

( g) following prior consultation with the Minister, the Health Service Executive and the management of any place referred to in paragraph (e), and having regard to the views expressed in that consultation, remove approval from such place for the purposes of specialist training where the Council considers that the guidelines referred to in paragraph (b) or the standards referred to in paragraph (d) are no longer being adhered to in respect of that place,

( h) publish in the prescribed manner details of all inspections carried out under this subsection, and

( i) advise the Minister on issues relating to its functions under this subsection.

(5) Where the Council makes a decision under subsection (2)(a)(i)(II) or (ii), it shall give notice in writing (accompanied by a copy of section 90 ), as soon as is practicable after making the decision, to the body the subject of the decision of—

( a) the decision,

( b) the date on which the decision was made, and

( c) the reasons for the decision.

(6) F76 [ Without prejudice to subsection (2)(a) , on the commencement of this subsection ]

( a) a programme of basic medical education and training leading to the qualification of—

(i) Bachelor of Medicine and Bachelor of Surgery of the National University of Ireland,

(ii) Bachelor of Medicine and Bachelor of Surgery of the University of Dublin, or

(iii) Licentiate of the Royal College of Physicians of Ireland and Licentiate of the Royal College of Surgeons in Ireland,

shall be deemed to be a programme of basic medical education and training approved under subsection (2)(a)(i)(I) as if, F76 [ on that commencement ], the Council had approved such programme under that subsection, and the other provisions of this Act (including subsection (7)) shall be construed accordingly,

( b) a body which, immediately before F76 [ the commencement of this subsection ], delivered a programme of basic medical education and training leading to a qualification referred to in paragraph (a) shall be deemed to be a body approved under subsection (2)(a)(i)(II) in respect of such programme as if, on that commencement, the Council had so approved the body, and the other provisions of this Act (including section 17(1)(a) ) shall be construed accordingly.

(7) The Council may recognise a degree, diploma or other qualification awarded in a third country to be at least the equivalent of a qualification awarded following the satisfactory completion of a programme of basic medical education and training approved under subsection (2)(a)(i)(I).

(8) The Council shall prepare and publish in the prescribed manner guidelines on ethical considerations to be taken into account in respect of the acceptance or otherwise of any non-Exchequer funding offered or provided in relation to medical education and training for basic and specialist medical qualifications.

(9) The Council shall, in consultation with the Dental Council, the Health Service Executive and such other appropriate bodies as the Council thinks fit, arrange for the provision of career information to registered medical practitioners and registered dentists.

Annotations:

Amendments:

F75

Substituted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 95(l), in effect as per reg. 2.

F76

Substituted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.

Editorial Notes:

E57

Relevant criteria to be applied in respect of subs. (2)(a)(i)(I) and (II), (ii), (3)(a) and (4)(a) specified (14.12.2016) by 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).

E58

Previous affecting provision: relevant criteria to be applied in respect of subss. (2)(a) and (4)(a) specified (12.12.2012) by 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); revoked (14.12.2016) by 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), rule 4.

E59

Previous affecting provision: relevant criteria to be applied in respect of subss. (2)(a), (3)(a) and (4)(a) specified (21.07.2010) by 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); revoked (14.12.2016) by 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), rule 4.