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

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Repeals

PART 2

Amendment of Dentists Act 1985

3. Definition

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

10. Declarations by registered dentists in relation to certain matters in State or other jurisdictions, etc.

11. Council may request certain information concerning registered dentists from certain bodies in State or other jurisdictions

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

PART 3

Amendment of Health and Social Care Professionals Act 2005

24. Definition

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

34. Council may request certain information concerning registrant from certain bodies in State or other jurisdictions

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

49. Notifications under Act

50. Amendment of Act of 2005 - insertion of sections 99 and 100

PART 4

Amendment of Pharmacy Act 2007

51. Definition

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

59. Council may request certain information concerning registered pharmacists from certain bodies in State or other jurisdictions

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

PART 5

Amendment of Medical Practitioners Act 2007

77. Definition

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

88. Registration of interns

89. Registration of adapters

90. Prohibition against practice of medicine by persons other than registered medical practitioners, etc.

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

105. Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.

106. Amendment of section 55 of Act of 2007

107. Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions

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

142. Notifications under Act

PART 6

Amendment of Nurses and Midwives Act 2011

143. Definition

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

153. Board may refuse to register on ground that nurse, etc., is not fit and proper person to practise nursing, etc.

154. Appeal to Court against certain decisions of Board - nurses and midwives

155. Appeal to Court against certain decisions of Board - candidates

156. Declarations by registered nurses, etc., in relation to certain matters in State or other jurisdictions, etc.

157. Amendment of section 53 of Act of 2011

158. Board may request certain information concerning registered nurses, etc., from certain bodies in State or other jurisdictions

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

185. Notifications under Act

PART 7

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



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: