88. The Act of 2007 is amended by the insertion of the following Part after Part 5:

“PART 5A

Registration of Interns

Definitions

36A. In this Part—

‘intern qualification’ shall be construed in accordance with section 36D;

‘register’ means the register of interns;

‘registered’ means registered under section 36E.

Register of interns

36B. (1) The Council shall establish and maintain a register to be known as the register of interns.

(2) The register shall contain the names of persons registered in it pursuant to section 36E and such other identifying particulars of those persons as the Council considers appropriate.

(3) The register may be established and maintained in paper or electronic form.

(4) A certificate purporting to be signed by the chief executive officer, or another member of the staff of the Council authorised by the chief executive officer to give a certificate under this subsection, and to certify that on a specified day or days or during the whole of a specified period—

(a) a person named in the certificate—

(i) was an intern, or

(ii) was not an intern,

or

(b) the registration of an intern named in the certificate was subject to the relevant conditions specified in the certificate,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer or another member of the staff of the Council so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(5) The Council shall, as soon as is practicable after a person has been registered and the appropriate fee paid, give the person a certificate stating—

(a) the person’s name,

(b) the registration number attached to the person’s registration, and

(c) such other identifying particulars of the person as the Council considers appropriate.

(6) Where relevant conditions have been attached to the registration of an intern, the Council shall enter in the register—

(a) a statement that the intern’s registration is subject to conditions, and

(b) particulars of the conditions.

(7) An intern shall, as soon as may be after the intern has received his or her certificate of registration and if it is practicable to do so, cause the certificate to be displayed—

(a) at the principal place where the intern practises medicine, and

(b) at all times during which the intern’s registration continues and at no other time.

(8) An intern shall, as soon as may be after he or she has received his or her certificate of registration, cause the registration number stated on that certificate to be included on all medical prescriptions and all other documentation and records, whether in paper or electronic form, relating to that intern’s practice as an intern.

(9) (a) In this subsection—

‘person concerned’ means a person whose name is, immediately before the relevant commencement, entered in the Trainee Specialist Division pursuant to section 49;

‘relevant commencement’ means the date of commencement of section 88 of the Regulated Professions (Health and Social Care)(Amendment) Act 2020.

(b) Subject to paragraph (c), this Act as in force immediately before the relevant commencement shall continue to apply and have effect in respect of a person concerned as if section 88 of the Regulated Professions (Health and Social Care) (Amendment) Act 2020 had not been commenced.

(c) Paragraph (b) shall cease to apply to a relevant person immediately upon—

(i) the person’s name ceasing to be entered in the Trainee Specialist Division pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48), or

(ii) the person being granted a certificate of experience,

whichever first occurs.

(d) The Trainee Specialist Division shall cease to have any force or effect, in so far as it relates to a person concerned whose name is entered in it pursuant to section 49 (but without prejudice to any entry of that person’s name in that Division pursuant to section 48) immediately upon—

(i) there being no person concerned to whom paragraph (b) still applies, or

(ii) the 5th anniversary of the relevant commencement,

whichever first occurs.

(e) The Council shall, as soon as practicable after paragraph (d) applies to a person concerned, remove from the Trainee Specialist Division all entries therein that relate to that person and that were entered therein pursuant to section 49.

Application for recognition of qualification

36C. (1) A person may make an application to the Council, accompanied by the appropriate fee, for the recognition of a qualification, held by that person, as an intern qualification.

(2) The Council shall recognise the qualification, the subject of an application under subsection (1), as an intern qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 36D.

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1), request that person to give to the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.

Requirements to be met for recognition of qualification

36D. A qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as an ‘intern qualification’) for the purposes of registering that person if the person—

(a) has been awarded an approved medical degree completed mainly in the State, or

(b) has been awarded a qualification—

(i) arising from the completion of a course of study in a Member State, and

(ii) which is not recognised as a qualification under Part 7 of the Regulations of 2017 but would be so recognised under Directive 2005/36/EC by the person’s home Member State (within the meaning of Regulation 3(1) of the Regulations of 2017) if the person were granted a certificate of experience.

Application for registration

36E. (1) A person may make an application to the Council, accompanied by the appropriate fee, to be registered.

(2) The Council shall determine an application under subsection (1) from a person by registering the person if—

(a) the Council is satisfied that the person holds an intern qualification,

(b) the person satisfies the Council that he or she intends to practise medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training,

(c) the person satisfies the Council that he or she has a knowledge of either the English language or the Irish language necessary for practising medicine in the State,

(d) the person satisfies the Council that he or she is a fit and proper person to practise medicine in the State, and

(e) rules made under section 11 apply to the person, the person satisfies the Council that he or she complies with the rules.

(3) The Council may, by notice in writing given to a person who has made an application under subsection (1), request the person to give the Council, within the period specified in the notice, such further information as the Council may require in order to determine the application.

Provisions supplementary to sections 36B and 36E

36F. (1) To the extent of enabling an intern to participate in an intern training programme but no further, every reference to a medical practitioner or a registered medical practitioner contained in any enactment (other than this Act) or any statutory instrument (other than a statutory instrument under this Act) or any other document shall, unless the context otherwise requires, be construed as including a reference to the intern.

(2) Subject to subsection (3), where an intern has completed a period of internship in the State to the satisfaction of the Council, the Council shall grant the intern a certificate of experience.

(3) The Council shall not grant a certificate of experience to an intern unless the Council is satisfied that the intern has, for the period or periods specified in rules made under section 11 for the purposes of this subsection, been employed as an intern—

(a) in a hospital, health institution, clinic, general medical practice, or other health service setting, as is specified in rules made under section 11 for the purposes of this subsection, and

(b) such hospital, health institution, clinic, general medical practice, or other health service setting, as the case may be, has been inspected and approved by the Council as acceptable for intern training standards.

(4) Without prejudice to the generality of section 56B, the Council may remove an intern’s registration by deleting his or her name from the register if—

(a) the intern makes an application to the Council to have the registration removed,

(b) the intern is not, or is no longer, practising medicine in an individually numbered, identifiable intern post which has been approved by the Council for intern training, or

(c) the intern has not completed a period of internship in the State to the satisfaction of the Council.

Conditions attached to registration

36G. (1) A person making an application for registration shall declare in the application—

(a) whether the person has a relevant medical disability, and

(b) whether any material matter has occurred in relation to the person.

(2) Where the Council is satisfied that—

(a) a person making an application for registration has a relevant medical disability or a material matter has occurred in relation to him or her, and

(b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of medicine by the person which take account of that disability or matter,

the Council shall specify the proposed conditions which, in the opinion of the Council, are necessary to be attached to the registration of the person in those interests and propose that the person accept that those conditions be attached to his or her registration.

(3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council shall, if the person is registered, at the same time as such registration comply with section 36B(6) in respect of the conditions.

(4) Where the person the subject of a decision under subsection (2) does not agree in writing to the attachment of the proposed conditions referred to in that subsection to the person’s registration, the Council may refuse to register that person.

(5) An intern who did not, at the time of his or her registration, have a relevant medical disability but develops a medical disability at any time after registration shall notify the Council when the medical disability becomes a relevant medical disability not later than—

(a) 30 days after the medical disability becomes a relevant medical disability, or

(b) where the relevant medical disability renders it impracticable for the intern to notify the Council within those 30 days, as soon as is practicable in the circumstances.

(6) Where the Council is satisfied, after receiving a notification under subsection (5), that, in the interest of public safety, the registration of the intern should become subject to conditions on the practising of medicine which take account of that relevant medical disability, the Council shall decide that conditions should be attached to the registration of the intern in those interests, specify the proposed conditions and propose that the intern accept that those conditions be attached to his or her registration.

(7) Where the intern the subject of a decision under subsection (6) agrees in writing to the attachment of the proposed conditions referred to in that subsection to the intern’s registration, the Council shall attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions.

(8) Where the intern the subject of a decision under subsection (6) does not agree in writing to the attachment of the proposed conditions referred to in that subsection, the Council may, notwithstanding that refusal, attach those conditions to the registration of the intern and, at the same time, comply with section 36B(6) in respect of the conditions.

Appeal to Court against certain decisions of Council

36H. (1) In this section, ‘relevant decision’ means a decision of the Council to—

(a) refuse to recognise a qualification held by a person as an intern qualification under section 36C(2),

(b) refuse to register a person under section 36E(2) or 36G(4),

(c) refuse to grant a certificate of experience to an intern, or

(d) attach conditions to the registration of an intern pursuant to section 36G(8).

(2) When the Council makes a relevant decision, it shall forthwith give notice in writing to the person, the subject of the decision, of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2), appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a person—

(a) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

(I) recognise a qualification held by the person as an intern qualification,

(II) register the person and with no conditions attached to the registration,

(III) register the person with such conditions attached to the registration as the Court considers appropriate,

(IV)remove some or all, or replace some or all, of the conditions attached to the registration of the person,

(V)require the Council to issue a certificate of experience to the person, or

(VI) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

and

(b) give the Council such directions or, in the case at paragraph (a)(ii)(VI), such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the person concerned of the Council’s compliance with the direction.

Correction of register

36I. (1) For the purpose of keeping the register correct, the Council shall from time to time as occasion requires—

(a) correct all clerical errors in the register,

(b) remove from the register all entries therein procured by fraud or misrepresentation,

(c) enter in the register every change which comes to the Council’s knowledge in the addresses of interns, and

(d) remove the registration of all interns whose death has been notified to, or comes to the knowledge of, the Council.

(2) Where the Council takes any action pursuant to subsection (1) for the purposes of keeping the register correct, the Council shall forthwith notify the intern concerned, or the intern’s next of kin, as may be appropriate, of the action taken and of the reasons therefor.

(3) The Council shall take such steps as it considers necessary from time to time to ensure that the particulars entered in the register are accurate.

(4) Where any particulars entered in the register in respect of an intern change, the intern shall, as soon as is practicable but, in any case, not later than 30 days after the occurrence of the change, give notice in writing to the Council specifying the change.

(5) An intern shall give notice in writing to the Council of any material matter which would be likely to affect the continuation of the intern’s registration not later than 30 days after that matter comes to the knowledge of the intern.

Publication of register

36J. (1) Subject to subsection (2), the Council shall ensure that the register is published in the prescribed manner.

(2) The Council need not make available for inspection or publish the residential addresses, home telephone numbers or e-mail addresses of interns or other similar details that, in its opinion, should, in the interests of the security of the interns, be protected from disclosure.”.