Emergency Measures in the Public Interest (Covid-19) Act 2020

13.

Amendment of Medical Practitioners Act 2007 - insertion of sections 110 and 111

13. The Medical Practitioners Act 2007 is amended by the insertion of the following sections after section 109:

“Special measures registration having regard to Covid-19

110. (1) A previous registrant may make an application to the Council to be registered pursuant to this section.

(2) Subject to subsections (3) to (7), the provisions of this Act shall, with all necessary modifications, apply to—

(a) a section 110 registration as they apply to a registration in the register effected by another section of this Act, and

(b) a section 110 registrant as they apply to a registered medical practitioner who is not a section 110 registrant.

(3) No fee shall be charged for, or relating to—

(a) a section 110 application, or

(b) a section 110 registration or the retention of such registration.

(4) Where a previous registrant’s name is entered in the register pursuant to a section 110 registration, the Council shall enter in the register, or cause to be entered in the register, the term ‘(section 110 registration)’ immediately after that name to indicate that his or her registration arises from the operation of this section.

(5) (a) Nothing in this section shall be construed to prevent a previous registrant’s name from being entered in the register pursuant to the operation of another section of this Act, whether or not his or her name is already entered in the register pursuant to a section 110 registration.

(b) Where a previous registrant’s name is entered in the register pursuant to the operation of this Act (other than this section) when his or her name is already entered in the register pursuant to a section 110 registration, the Council shall remove from the register, or cause to be removed from the register, the latter entry at the same time as the first-mentioned entry is made.

(c) The refusal of a section 110 registration for a previous registrant shall not prevent that registrant from making an application under another section of this Act to be registered.

(6) (a) Subject to subsection (7), each section 110 registration that is still in force on the 31st day of July 2020, shall, on and after that date, cease to have effect.

(b) The Council shall remove from the register, or cause to be removed from the register, on the date referred to in paragraph (a), or as soon as is practicable thereafter, each name that was entered in the register pursuant to a section 110 registration.

(7) (a) The Minister may, by order, specify a different date for the purposes of subsection (6) (including a different date for a previous different date specified in an order made under this paragraph) and, if the Minister so specifies, that subsection and section 111(2) shall be construed, with all necessary modifications, to take account of that first-mentioned date.

(b) Section 8(2) shall, with all necessary modifications, apply to an order made under paragraph (a) as that section applies to an order made under section 8.

(8) In this section—

‘previous registrant’ means a former registered medical practitioner whose name was removed from the register;

‘section 110 application’ means an application under subsection (1);

‘section 110 registrant’ means a registered medical practitioner who is such pursuant to—

(a) the Council’s determination of a section 110 application, or

(b) a decision (howsoever called) of the Court arising from the Council’s determination of a section 110 application;

‘section 110 registration’ means a registration effected pursuant to—

(a) the Council’s determination of a section 110 application, or

(b) a decision (howsoever called) of the Court arising from the Council’s determination of a section 110 application.

Modification of operation of section 105(1)(a)

111. (1) Subject to subsection (2), a relevant individual is not, for the purposes of section 105(1)(a), practising medicine in contravention of a provision of this Act if he or she is acting—

(a) under the direction and control of a registered medical practitioner, or

(b) in accordance with a direction in writing given by a registered medical practitioner to that relevant individual.

(2) This section shall cease to have effect on the date on which a section 110 registration (within the meaning of section 110(8)) ceases to have effect pursuant to section 110(6).

(3) In this section, ‘relevant individual’ means—

(a) a dentist registered under the Dentists Act 1985,

(b) a person registered under the Health and Social Care Professionals Act 2005 to practise a profession designated under that Act,

(c) a pharmacist or a pharmaceutical assistant registered under the Pharmacy Act 2007,

(d) a nurse or midwife registered under the Nurses and Midwives Act 2011, or

(e) a person registered in the register under the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000).”.