Regulated Professions (Health and Social Care) (Amendment) Act 2020
Number 16 of 2020
REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2023
REVISED
Updated to 6 June 2023
This Revised Act is an administrative consolidation of the Regulated Professions (Health and Social Care) (Amendment) Act 2023. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, and all statutory instruments up to and including the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) (Amendment) Regulations 2023 (S.I. No. 305 of 2023), made 6 June 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 16 of 2020
REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020
REVISED
Updated to 6 June 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
Amendment of Dentists Act 1985
4. Amendment of section 2 of Act of 1985
5. Amendment of section 13 of Act of 1985
6. Amendment of section 25 of Act of 1985
7. Council’s power to make rules
8. Amendment of Act of 1985 - insertion of sections 26A to 26F
9. Amendment of section 32 of Act of 1985
12. Amendment of section 38 of Act of 1985
13. Amendment of section 39 of Act of 1985
14. Amendment of section 40 of Act of 1985
15. Amendment of section 41 of Act of 1985
16. Amendment of section 42 of Act of 1985
17. Amendment of section 44 of Act of 1985
18. Amendment of section 47 of Act of 1985
19. Information Council may publish in public interest
20. Amendment of section 53 of Act of 1985
21. Amendment of section 58 of Act of 1985
22. Admissibility of certain documents relating to proceedings in State or other jurisdictions
23. Amendment of Act of 1985 - insertion of sections 70 and 71
Amendment of Health and Social Care Professionals Act 2005
25. Amendment of section 3 of Act of 2005
26. Amendment of section 10 of Act of 2005
27. Amendment of section 27 of Act of 2005
28. Amendment of section 31 of Act of 2005
29. Amendment of section 38 of Act of 2005
30. Amendment of section 40 of Act of 2005
31. Amendment of section 40A of Act of 2005
32. Declarations by registrants in relation to certain matters in State or other jurisdictions, etc.
33. Amendment of section 45 of Act of 2005
35. Amendment of section 50 of Act of 2005
36. Amendment of section 52 of Act of 2005
37. Amendment of section 53 of Act of 2005
38. Amendment of section 60 of Act of 2005
39. Steps to be taken by Council after receiving report
40. Direction by Council to impose disciplinary sanction
41. Amendment of section 67 of Act of 2005
42. Amendment of section 68 of Act of 2005
43. Amendment of section 69 of Act of 2005
44. Amendment of section 70 of Act of 2005
45. Amendment of section 76 of Act of 2005
46. Amendment of section 77 of Act of 2005
47. Amendment of section 78 of Act of 2005
48. Information Council may publish in public interest
50. Amendment of Act of 2005 - insertion of sections 99 and 100
Amendment of Pharmacy Act 2007
52. Amendment of section 2 of Act of 2007
53. Amendment of section 7 of Act of 2007
54. Amendment of section 11 of Act of 2007
55. Amendment of section 14 of Act of 2007
56. Amendment of section 16 of Act of 2007
57. Amendment of section 19 of Act of 2007
58. Amendment of Act of 2007 - insertion of sections 21B and 21C
60. Amendment of section 34 of Act of 2007
61. Amendment of section 35 of Act of 2007
62. Amendment of section 36 of Act of 2007
63. Amendment of section 45 of Act of 2007
64. Amendment of section 46 of Act of 2007
65. Amendment of section 48 of Act of 2007
66. Amendment of section 49 of Act of 2007
67. Amendment of section 50 of Act of 2007
68. Amendment of section 51 of Act of 2007
69. Amendment of section 52 of Act of 2007
70. Amendment of section 56 of Act of 2007
71. Amendment of section 57 of Act of 2007
72. Amendment of section 63 of Act of 2007
73. Amendment of section 66 of Act of 2007
74. Amendment of section 67 of Act of 2007
75. Amendment of section 70 of Act of 2007
76. Amendment of Act of 2007 - insertion of sections 78 and 79
Amendment of Medical Practitioners Act 2007
78. Amendment of section 2 of Act of 2007
79. Amendment of section 7 of Act of 2007
80. Amendment of section 8 of Act of 2007
81. Amendment of section 11 of Act of 2007
82. Amendment of section 12 of Act of 2007
83. Amendment of section 17 of Act of 2007
84. Amendment of section 20 of Act of 2007
85. Amendment of section 23 of Act of 2007
86. Amendment of section 24 of Act of 2007
87. Amendment of section 36 of Act of 2007
91. Amendment of section 38 of Act of 2007
92. Circumstances in which persons may practise medicine
93. Amendment of section 41 of Act of 2007
94. Amendment of section 42 of Act of 2007
95. Amendment of section 43 of Act of 2007
96. Amendment of Act of 2007 - insertion of sections 44A to 44C
97. Application for registration (other than in Supervised Division)
98. Medical practitioners to be registered in General Division
99. Medical practitioners to be registered in Specialist Division
100. Medical practitioners to be registered in Trainee Specialist Division
101. Application for and registration of medical practitioners in Supervised Division
102. Amendment of section 52 of Act of 2007
103. Conditions attached to registration
104. Appeal to Court against certain decisions of Council
106. Amendment of section 55 of Act of 2007
108. Application of Parts 7, 8 and 9 to interns and adapters
109. Amendment of section 57 of Act of 2007
110. Amendment of section 58 of Act of 2007
111. Investigation of complaints
112. Amendment of section 59 of Act of 2007
113. Undertakings and consents
114. Amendment of section 60 of Act of 2007
115. Amendment of section 61 of Act of 2007
116. Amendment of section 63 of Act of 2007
117. Fitness to Practise Committee may order that certain information not be published
118. Amendment of section 67 of Act of 2007
119. Amendment of section 68 of Act of 2007
120. Amendment of section 69 of Act of 2007
121. Steps to be taken by Council after receiving report
122. Measures to be taken by Council after receiving report referred to in section 59A(2)(c)
123. Duty of Council to decide on appropriate measures to be taken
124. Amendment of section 71A of Act of 2007
125. Amendment of section 72 of Act of 2007
126. Amendment of section 72A of Act of 2007
127. Amendment of section 73 of Act of 2007
128. Amendment of section 74 of Act of 2007
129. Amendment of section 75 of Act of 2007
130. Amendment of section 76 of Act of 2007
131. Amendment of section 84 of Act of 2007
132. Amendment of section 85 of Act of 2007
133. Amendment of section 86 of Act of 2007
134. Amendment of section 88 of Act of 2007
135. Amendment of section 89 of Act of 2007
136. Amendment of section 91 of Act of 2007
137. Amendment of section 94 of Act of 2007
138. Amendment of section 104 of Act of 2007
139. Amendment of section 105 of Act of 2007
140. Amendment of Act of 2007 - insertion of sections 105A and 105B
141. Amendment of section 107 of Act of 2007
Amendment of Nurses and Midwives Act 2011
144. Amendment of section 2 of Act of 2011
145. Amendment of section 13 of Act of 2011
146. Amendment of section 24 of Act of 2011
147. Amendment of section 28 of Act of 2011
148. Amendment of section 38 of Act of 2011
149. Amendment of section 44 of Act of 2011
150. Amendment of section 48 of Act of 2011
151. Amendment of section 50 of Act of 2011
152. Conditions attached to registration
154. Appeal to Court against certain decisions of Board - nurses and midwives
155. Appeal to Court against certain decisions of Board - candidates
157. Amendment of section 53 of Act of 2011
159. Amendment of section 55 of Act of 2011
160. Amendment of section 56 of Act of 2011
161. Investigation of complaints
162. Amendment of section 57 of Act of 2011
163. Undertakings and consents
164. Amendment of section 58 of Act of 2011
165. Amendment of section 59 of Act of 2011
166. Amendment of section 61 of Act of 2011
167. Fitness to Practise Committee may order that certain information not be published
168. Amendment of section 65 of Act of 2011
169. Amendment of section 66 of Act of 2011
170. Measures to be taken by Board after receiving report referred to in section 57A(2)(c)
171. Amendment of section 70 of Act of 2011
172. Amendment of section 71 of Act of 2011
173. Amendment of section 72 of Act of 2011
174. Amendment of section 73 of Act of 2011
175. Amendment of section 74 of Act of 2011
176. Amendment of section 77 of Act of 2011
177. Amendment of section 82 of Act of 2011
178. Amendment of section 83 of Act of 2011
179. Amendment of section 85 of Act of 2011
180. Amendment of section 87 of Act of 2011
181. Amendment of section 102 of Act of 2011
182. Amendment of section 103 of Act of 2011
183. Admissibility of certain documents relating to proceedings in other jurisdictions
184. Amendment of section 105 of Act of 2011
Miscellaneous Amendments
186. Amendment of section 62 of Health Act 1953
187. Amendment of section 35 of Health Identifiers Act 2014
188. Amendment of Children and Family Relationships Act 2015
Acts Referred to
Animal Remedies Acts 1993 and 2006
Children and Family Relationships Act 2015 (No. 9)
Companies Act 2014 (No. 38)
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4)
Data Protection Act 2018 (No. 7)
Dentists Act 1928 (No. 25)
Dentists Act 1985 (No. 9)
Health (Pricing and Supply of Medical Goods) Act 2013 (No. 14)
Health Act 1953 (No. 26)
Health Act 2004 (No. 42)
Health and Social Care Professionals (Amendment) Act 2017 (No. 32)
Health and Social Care Professionals Act 2005 (No. 27)
Health Identifiers Act 2014 (No. 15)
Irish Medicines Boards Acts 1995 and 2006
Medical Practitioners Act 2007 (No. 25)
Misuse of Drugs Acts 1977 to 2017
Nurses and Midwives Act 2011 (No. 41)
Partnership Act 1890 (53 & 54 Vict., c. 39)
Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)
Pharmacy Act 2007 (No. 20)
Poisons Acts 1961 and 1977
Number 16 of 2020
REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020
REVISED
Updated to 6 June 2023
An Act to give further effect to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051 on the recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 20062, Commission Regulation (EC) No. 1430/2007 of 5 December 20073, Commission Regulation (EC) No. 755/2008 of 31 July 20084, Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20085, Commission Regulation (EC) No. 279/2009 of 6 April 20096, Commission Regulation (EU) No. 213/2011 of 3 March 20117, Act concerning the accession of the Republic of Croatia8, Commission Regulation (EU) No. 623/2012 of 11 July 20129, Council Directive 2013/25/EU of 13 May 201310, Directive 2013/55/EU of the European Parliament and of the Council of 20 November 201311 and Commission Delegated Decision (EU) 2016/790 of 13 January 201612 and, for that purpose, to amend the Dentists Act 1985, the Health and Social Care Professionals Act 2005, the Pharmacy Act 2007, the Medical Practitioners Act 2007 and the Nurses and Midwives Act 2011; to make provision for certain other amendments to those Acts; to make provision for certain amendments to the Health Act 1953, the Health Identifiers Act 2014 and the Children and Family Relationships Act 2015; and to provide for related matters.
[14th October, 2020]
Be it enacted by the Oireachtas as follows: