Medical Practitioners Act 2007

89.

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

89.— (1) Subject to subsection (5), the Council may, with the consent of the Minister, determine the medical specialties which it recognises for the purpose of its functions under this Act.

(2) The Council shall specify, in relation to each medical specialty recognised under subsection (1), the titles and designations of qualifications in specialised medicine granted in the State which may be required to enable a medical practitioner to secure registration in the Specialist Division in respect of that specialty.

(3) Subject to F77 [ section 87 ] , the Council shall, in relation to each medical specialty recognised under subsection (1), with the consent of the Minister and in accordance with the relevant criteria specified in rules made under section 11

( a) 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 specialist training in relation to that medical specialty, and

(ii) the bodies which may grant evidence of the satisfactory completion of specialist training in relation to that medical specialty,

( b) refuse to approve a body as a body which may grant evidence of the satisfactory completion of specialist training in relation to that medical specialty.

(4) Where the Council withdraws an approval under subsection (3) from a body referred to in that subsection, it shall, where appropriate, make every effort to approve under that subsection an alternate body.

(5) The medical specialties recognised under subsection (1) shall include such medical specialties as may be designated as applying to the State in any Directive adopted by the Council of the European Communities relating to specialised medicine.

(6) Where the Council makes a decision under subsection (3)(a) or (b), 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.

(7) Notwithstanding the repeal of F78 [ section 38 of ] the Act of 1978 by section 3

( a) a specialty which was, F79 [ immediately before that repeal ], recognised under section 38(1) of that Act shall be deemed to be a medical specialty recognised under subsection (1)

(i) as if, F79 [ on that repeal ], the Council had recognised it as a medical specialty under that subsection, and

(ii) on the same conditions as the specialty was recognised under section 38(1) of that Act F79 [ immediately before that repeal ],

and the other provisions of this Act shall be construed accordingly, and

( b) a body which was, F79 [ immediately before the repeal of section 38 of that Act, recognised under subsection (3) of that section ] for the purpose of granting evidence of satisfactory completion of specialist training in relation to a specialty recognised under section 38(1) of that Act and which falls within paragraph (a) shall be deemed to be a body approved under subsection (3)(a)(ii) for the purposes of granting evidence of the satisfactory completion of specialist training in relation to that medical specialty—

(i) as if, F79 [ on that repeal ], the Council had approved it as such a body under that subsection, and

(ii) on the same conditions as the body was approved under section 38(3) of that Act F79 [ immediately before that repeal ],

and the other provisions of this Act shall be construed accordingly.

Annotations:

Amendments:

F77

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

F78

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

F79

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

Editorial Notes:

E60

Relevant criteria to be applied in respect of subss. (3) specified (21.07.2010) by 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).