Medical Practitioners Act 2007

84.

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

84.— (1) The Council shall give notice in writing to the Minister and the Health Service Executive as soon as is practicable after any of the following measures take effect under this Part:

( a) the cancellation of a medical practitioner’s registration;

( b) the restoration of a medical practitioner’s registration;

( c) the removal of a medical practitioner’s registration;

( d) the suspension of a medical practitioner’s registration;

( e) the termination of the period during which a medical practitioner’s registration is suspended;

( f) the transfer of a medical practitioner’s registration to another division of the register;

( g) the attachment of conditions to a medical practitioner’s registration;

( h) the removal of conditions attached under this Part to the registration of a medical practitioner’s registration;

( i) the prohibiting of a medical practitioner from applying for a specified period for the restoration of the practitioner’s registration;

( j) the censuring and fining of a registered medical practitioner;

( k) the censuring of a registered medical practitioner.

(2) Where it comes to the Council’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of paragraphs (a) to (k) of subsection (1) has been taken in relation to a registered medical practitioner, the Council shall, as soon as is practicable, give notice in writing to the Minister and the Health Service Executive of the measure.

(3) The Council shall give notice in writing to an employer (other than the Health Service Executive) where—

( a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a registered medical practitioner employed by the employer, and

( b) the employer’s name is known to the Council.

(4) Where—

( a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a registered medical practitioner, and

( b) the Council has reason to believe that—

(i) the practitioner is registered in another jurisdiction, and

(ii) those measures may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council,

the Council shall give notice in writing to that body of those measures.

Annotations:

Amendments:

F172

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 131(a), (b)(i), (d), not commenced as of date of revision.

F173

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 131(b)(ii), (c), (d), not commenced as of date of revision.

F174

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 131(b)(iii), not commenced as of date of revision.

Modifications (not altering text):

C73

Prospective affecting provision: subss. (1), (2), and (3) amended, subss. (1)(k) and (4) substituted, and subss. (1)(l) and (5) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 131, not commenced as of date of revision.

84.— (1) The Council shall give notice in writing to F172 [ the Health Service Executive and such other persons as it thinks fit ] as soon as is practicable after any of the following measures take effect under this Part:

...

F172 [ ( k ) the censuring of a registered medical practitioner; ]

F173 [ ( l ) the advisement or admonishment of a registered medical practitioner. ]

(2) Where it comes to the Council’s attention that, under the law of a state other than the State, a measure corresponding to one referred to in any of F172 [ paragraphs (a) to (l) ] of subsection (1) has been taken in relation to a registered medical practitioner, the Council shall, F173 [ if satisfied that it is in the public interest to do so and ] as soon as is practicable, give notice in writing to F174 [ ] the Health Service Executive of the measure.

(3) The Council shall F173 [ (if satisfied that, in the case of a measure referred to in subsection (2), it is in the public interest to do so) ] give notice in writing to an employer (other than the Health Service Executive) where—

( a) it comes to the Council’s attention that any measure referred to in subsection (1) or (2) has been taken in relation to a registered medical practitioner employed by the employer, and

( b) the employer’s name is known to the Council.

F172 [ (4) ( a ) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any measure referred to in subsection (1) has been taken in relation to a registered medical practitioner, and

(ii) the Council has reason to believe that—

(I) the practitioner is registered in another jurisdiction, and

(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

( b ) The Council shall give notice in writing to that body of that measure and may, and notwithstanding any provision of Directive 2005/36/EC or of the Regulations of 2017, provide that body with copies of documents relevant to that measure (including a copy of the report concerned referred to in section 69(1) ). ]

F173 [ (5) (a) Paragraph (b) applies where—

(i) it comes to the Council’s attention that any measure referred to in subsection (2) has been taken in relation to a registered medical practitioner, and

(ii) the Council has reason to believe that—

(I) the practitioner is registered in another jurisdiction, and

(II) that measure may not have come to the attention of the body duly authorised to perform functions in that jurisdiction that correspond to the functions of the Council.

( b ) The Council shall, if satisfied that it is in the public interest to do so, give notice in writing to that body of that measure. ]