Medical Practitioners Act 2007

PART 11

Maintenance of Professional Competence

Annotations:

Editorial Notes:

E61

Rules made pursuant to provisions of s.11 and Part in respect of the procedures and activities applicable to the professional competence scheme established for the assessment of a practitioner’s knowledge and skill (14.12.2011) by Medical Council - Rules for the Maintenance of Professional Competence (No. 2) (S.I. No. 741 of 2011).

91.

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

91.— (1) It shall be the duty of the Council to satisfy itself as to the ongoing maintenance of the professional competence of registered medical practitioners.

(2) The Council shall, not later than the 1st anniversary of the commencement of this section, or such longer period as the Minister permits in writing at the request of the Council, develop, establish and operate one or more than one scheme for the purposes of performing its duty under subsection (1).

(3) The Council shall, in respect of a professional competence scheme—

( a) review the operation of the scheme periodically, and

( b) may, following such a review, make recommendations to the Minister as to the steps that, in the opinion of the Council, may need to be taken to improve the operation of the scheme.

(4) The Council may, with the consent of the Minister and in accordance with the relevant criteria specified in rules made under section 11

( a) recognise, recognise subject to conditions attached to the recognition of, amend or remove conditions attached to the recognition of, or withdraw the recognition of, a body approved under section 88(2)(a)(i)(II) or 89(3)(a)(ii) with which the Council may make and carry out an arrangement with for the purposes of assisting the Council to perform its duty under subsection (1), or

( b) refuse to recognise a body approved under section 88(2)(a)(i)(II) or 89(3)(a)(ii) as a body with which the Council may make and carry out an arrangement with for those purposes.

(5) The Council shall monitor and assess the performance of bodies recognised under subsection (4) based on the criteria referred to in that subsection.

(6) Where, arising from the performance of its duty under subsection (1), the Council considers that a registered medical practitioner—

( a) who, being required under section 94(2) to co-operate with any requirements imposed on the practitioner in rules made under section 11 , has refused to so co-operate, has failed to so co-operate or has ceased to so co-operate,

( b) has contravened section 94(4) ,

( c) may pose an immediate risk of harm to the public, or

( d) may have committed a serious breach of its guidance on ethical standards and behaviour,

then the Council shall forthwith make a complaint.

(7) Where, arising from the performance of its duty under subsection (1), the Council considers that a medical practitioner registered in the Specialist Division or the Trainee Specialist Division has been given every reasonable opportunity by the Council to improve the practitioner’s professional performance but whose professional competence is found by the Council to continue to be below the standards of competence that can reasonably be expected for continued registration in the Specialist Division, or the Trainee Specialist Division, as the case may be then the Council may make a complaint.

(8) Where the Council makes a decision under subsection (4)(a) or (b), it shall give notice in writing (accompanied by a copy of section 92 ), 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.

Annotations:

Editorial Notes:

E62

Relevant criteria to be applied in respect of subs. (4) specified (18.01.2011) by Medical Council — Rules for the Maintenance of Professional Competence (No. 1) (S.I. No. 171 of 2011).

E63

Rules made under s. 11 for purpose of establishing procedures and activities applicable to schemes established for the purposes of the Medical Council performing its duty under section (14.12.2011) by Medical Council - Rules for the Maintenance of Professional Competence (No. 2) (S.I. No. 741 of 2011).