Health and Social Care Professionals (Amendment) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 16/2019

Number 16 of 2019
HEALTH AND SOCIAL CARE PROFESSIONALS (AMENDMENT) ACT 2019
CONTENTS
1. Definition
2. Amendment of section 3 of Principal Act
3. Amendment of section 38 of Principal Act
4. Insertion of additional Schedule to Principal Act
5. Short title
Acts Referred to
Health Act 2004 (No. 42)
Health and Social Care Professionals Act 2005 (No. 27)
Number 16 of 2019
HEALTH AND SOCIAL CARE PROFESSIONALS (AMENDMENT) ACT 2019
An Act to amend the Health and Social Care Professionals Act 2005 to provide for the recognition of certain professional qualifications as approved qualifications within the meaning of section 38 of that Act; and to provide for related matters.
[4th June, 2019]
Be it enacted by the Oireachtas as follows:
		Definition
1. In this Act, “Principal Act” means the Health and Social Care Professionals Act 2005 .
		Amendment of section 3 of Principal Act
2. Section 3 of the Principal Act is amended, in subsection (1), in the definition of “qualification”, in paragraph (a), by the substitution of “section 38(2)(a)” for “section 38”.
		Amendment of section 38 of Principal Act
3. Section 38 of the Principal Act is amended—
	(a) in subsection (2)—
	(i) in paragraph (c), by the substitution of the following subparagraph for subparagraph (ii):
	“(ii) holds a professional qualification that is one that the registration board concerned decides is not a professional qualification that attests to such a standard of proficiency, but is the subject of a decision of the registration board that he or she successfully completed, in the State, the aptitude test or adaptation period that the registration board has required of the person,”,
	(ii) in paragraph (d)(ii)(II), by the substitution of “that profession, or” for “that profession.”, and
	(iii) by the insertion of the following paragraph after paragraph (d):
	“(e) in the case of a relevant designated profession, the person is a person, other than a person referred to in paragraph (a), (b), (c) or (d), who holds a relevant professional qualification in that profession.”,
	(b) by the insertion of the following subsection after subsection (2F):
	“(2G) A document that purports to be evidence of the recognition referred to in the definition of ‘relevant professional qualification’ shall, for the purposes of this Act and in the absence of evidence to the contrary, be taken to be proof of such recognition.”,
	and
	(c) in subsection (4), by the insertion of the following definitions:
	“ ‘relevant designated profession’ means a designated profession listed in the second column of Schedule 4;
	‘relevant person’, in relation to a relevant designated profession, means the person listed opposite that profession in the third column of Schedule 4;
	‘relevant professional qualification’, in relation to a relevant designated profession, means a professional qualification that was recognised by the relevant person—
	(a) as a professional qualification that attested to a standard of proficiency that rendered the holder thereof eligible for recruitment by the Health Service Executive (or any specified body within the meaning of section 56 of the Health Act 2004 ) in the profession to which that qualification relates, and
	(b) in the case of—
	(i) the relevant designated...