Residential Institutions Statutory Fund Act 2012

8.

Approved services.

8.— (1) In this Act “approved service” means a service belonging to one of the following classes of service, in relation to which the Board makes a determination under subsection (2) :

( a) a mental health service relating to care and treatment of a person suffering from a mental illness or a mental disorder, a counselling service or a psychological support service;

( b) a health and personal social service, including—

(i) a general practitioner, medical or surgical service provided by a registered medical practitioner (within the meaning of section 2 of the Medical Practitioners Act 2007) in relation to all medical conditions,

(ii) a hospital treatment service,

(iii) a pharmacy service including provision of drugs, medicines, medical or surgical appliances,

(iv) a nursing service provided otherwise than in a hospital,

(v) a service to assist in the maintenance at home of a former resident who is sick or infirm and who, but for the provision of the service, would require to be maintained otherwise than at home,

(vi) a dental, ophthalmic or aural treatment service, including provision of a dental, ophthalmic or aural appliance,

(vii) a service of an ancillary nature such as chiropody, chiropractic, occupational therapy, physiotherapy, podiatry or speech therapy;

( c) an educational service;

( d) a housing support service, including adaptation or improvement of real property but not including financial aid for the purchase, mortgage or charge of real property;

( e) a service prescribed under subsection (3).

(2) The Board may determine whether a service belonging to a class of service referred to in subsection (1) is an approved service and in making such a determination the Board shall have regard to:

( a) the likely effect of the provision of the service on the—

(i) health and general well-being,

(ii) personal and social development,

(iii) educational development, or

(iv) living conditions,

of a former resident;

( b) the need for minimum standards to be met by a provider of an approved service;

( c) any other matter that the Board considers, having regard to the functions of the Board, is a proper matter to be taken into account.

(3) The Minister, on receipt of a recommendation from the Board or following consultation by him or her with the Board, may prescribe a class of service, other than a class of service referred to in paragraph (a), (b), (c) or (d) of subsection (1), to be a class of service in relation to which the Board may make a determination under subsection (2) and—

( a) in so recommending or during such consultation with the Minister the Board shall have regard to the matters referred to in paragraphs (a) to (c) of subsection (2), and

( b) in so prescribing, the Minister shall have regard to—

(i) the matters referred to in paragraphs (a) and (b) of subsection (2) and any matter that the Board considers is a proper matter under paragraph (c) of that subsection, and

(ii) any other matter that the Minister considers is a proper matter to be taken into account.

(4) An approved service may be determined under this section by reference to a particular class of approved service, and different approved services or classes of approved service may be determined by reference to different former residents or classes of former resident.

(5) The Board may amend or revoke a determination under this section, including an amendment thereto under this subsection, that a service is an approved service and that amendment or revocation may provide for incidental, consequential or transitional matters.

(6) Information relating to approved services shall be made available in writing free of charge by the Board to any person on request therefor and shall be published by the Board in such manner, including by electronic means, as it sees fit.

(7) For the purposes of this Act, a service that—

( a) is available outside of the State, and

( b) corresponds to a service in relation to which a determination under subsection (2) is made,

shall be taken to be an approved service.