Regulated Professions (Health and Social Care) (Amendment) Act 2020

96

Amendment of Act of 2007 - insertion of sections 44A to 44C

96. The Act of 2007 is amended by the insertion of the following sections after section 44:

“Application for recognition of qualification

44A. (1) A person may make an application to the Council, accompanied by the appropriate fee—

(a) for the recognition of a qualification, held by that person, as a general qualification, or

(b) for the recognition of a qualification, held by that person, as a specialist qualification.

(2) The Council shall recognise the qualification, the subject of an application under subsection (1)(a), as a general qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44B.

(3) The Council shall recognise the qualification, the subject of an application under subsection (1)(b), as a specialist qualification if the Council is satisfied that the qualification meets the requirements for recognition under section 44C.

(4) 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 as general qualification

44B. (1) Subject to subsection (2), a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘general qualification’) for the purposes of registering that person in the General Division if the person—

(a) has an Irish formal qualification,

(b) has a qualification in medicine from a state other than the State and has passed an examination specified in rules made under section 11 for the purposes of this paragraph, or

(c) has a qualification in medicine from a state other than the State and is exempted from paragraph (b) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this paragraph, for such exemption.

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification in basic medical training recognised—

(a) in accordance with Regulation 10 or 21 of those Regulations,

(b) under Regulation 30(1) of those Regulations, or

(c) under Part 14 of those Regulations,

is a general qualification for the purposes of this Act.

Requirements to be met for recognition of qualification as specialist qualification

44C. (1) Subject to subsection (2), a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a ‘specialist qualification’) for the purposes of registering that person in the Specialist Division if—

(a) the person—

(i) has been granted evidence of the satisfactory completion of specialist training undertaken in the State by a body approved under section 89(3)(a)(ii), or

(ii) has been awarded a qualification in medicine and satisfies the Council that he or she has—

(I) completed a programme of specialist training, and

(II) acquired sufficient experience in specialised medicine,

to a standard that satisfies the Council is adequate for recognition as a specialist qualification,

and

(b) the specialist training or specialist qualification is in relation to a medical specialty recognised by the Council under section 89(1).

(2) Subject to Regulations 82 and 83 of the Regulations of 2017, evidence of a formal qualification as a specialised doctor recognised—

(a) in accordance with Regulation 10 or 21 of those Regulations,

(b) under Regulation 30(3) of those Regulations, or

(c) under Part 14 of those Regulations,

is a specialist qualification for the purposes of this Act.”.

Annotations

Amendments:

F7

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), s. 14(1), not commenced as per subs. (2) as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: amendment relates to insertion of section 44B of the Medical Practitioners Act 2007, subs. (1) substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), s. 14(1), not commenced as per subs. (2) as of date of revision.

44B. F7[(1) Subject to subsection (2), a qualification held by a person meets the requirements for recognition as a qualification (in this Act referred to as a "general qualification") for the purposes of registering that person in the General Division if the person—

(a) has an approved medical degree and—

(i) has passed an examination specified in rules made under section 11 for the purposes of this subparagraph,

(ii) is exempted from subparagraph (i) by virtue of falling within a ground, specified in rules made under section 11 for the purposes of this subparagraph, for such an exemption,

(iii) has been granted a certificate of experience, or

(iv) subject to rules made under section 11 for the purposes of this subparagraph, has been granted a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience,

or

(b) has evidence of a formal qualification in basic medical training completed in a Member State and specified in point 5.1.1 of Annex V to Directive 2005/36/EC.]

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