Medical Practitioners Act, 1978

• Jurisdiction: Ireland
• Citation: IR No. 4/1978
• Year: 1978

Number 4 of 1978
MEDICAL PRACTITIONERS ACT, 1978
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Commencement. 4. Establishment day. 5. Repeals.
PART II
The Medical Council
6. Establishment of the Medical Council. 7. Dissolution of Medical Registration Council. 8. Seal of the Council. 9. Membership of the Council. 10. Appointment of persons to be members of Council. 11. Election of members of the Council. 12. First meeting of Council. 13. Committees of the Council. 14. Expenses of members of Council and committees. 15. Removal of Council from office. 16. The Registrar. 17. Other officers and servants of the Council. 18. Age limits. 19. Membership of either House of Oireachtas by officer or servant of the Council. 21. Accounts of the Council. 22. Power of Council to borrow. 23. Acceptance of gifts by Council. 24. Expenses of Council and Minister. 25. Fees.
PART III
Registration
26. Establishment of the register. 27. Persons entitled to be registered in the register. 28. Provisional registration. 29. Temporary registration. 30. The Register of Medical Specialists. 31. Persons entitled to be registered in the Register of Medical Specialists. 32. Registration of additional degrees and diplomas. 33. Application by registered medical practitioner to have his name removed from register. 34. Correction of any register.
PART IV
Education and Training
CHAPTER 1
Functions of the Council
35. Duties of Council in relation to education and training. 36. Functions of the Council in relation to Directives adopted by the Council of the European Communities as to education and training. 37. Primary qualifications. 38. Training bodies and qualifications for the purposes of the Register of Medical Specialists.
CHAPTER 2
The Postgraduate Medical and Dental board
39. Establishment of the Postgraduate Medical and Dental Board. 40. Functions of the Board. 41. Assignment to the Board of additional functions. 42. Membership of the Board. 43. Officers and servants of the Board. 44. Application of Act to Board.
PART V
Fitness to Practise
45. Inquiry by the Fitness to Practise Committee into the conduct of a registered medical practitioner. 46. Erasure or suspension of registeration from register for professional misconduct, unfitness to practise or failure to pay retention fee. 47. Attaching of conditions to retention on register. 48. Powers of Council to advise, admonish, etc.. 49. Erasure from register of persons convicted of indictable offences. 50. Continuance of existing inquiry. 51. Application by Council for order suspending registration. 52. Privilege in respect of certain matters. 53. Erasure or suspension from and restoration to the Register of Medical Specialists. 54. Notification to Minister of name erased or restored and of suspensions imposed and terminated. 55. Restoration to register of name removed or termination of suspension for non-payment of retention fee.
PART VI
Miscellaneous
56. Arrangements with persons to assist Council. 57. Publication of registers. 58. Construction of references to registered medical practitioner. 59. Persons entitled to sign medical certificates. 60. Prohibition of recovery of fees for medical services by unregistered persons. 61. Offences and penalties in relation to the register. 62. Functions in relation to Directives adopted by the Council of the European Communities. 63. Assignment to the Council of additional functions. 64. References in enactments etc. to Medical Registration Council. 65. Regulations. 66. Regulations regarding adaptations. 67. Continuance in force of certain orders. 68. Continuance in force of agreement. 69. General advisory functions of the Council.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Rules in relation to Membership and Meetings of Comhairle na nDochtuiri Leighis (The Medical Council).
THIRD SCHEDULE
Rules in relation to An Bord Miochaine agus Deidliachta Iarcheime (The Postgraduate Medical and Dental Board)
FOURTH SCHEDULE
Primary Qualifications
Number 4 of 1978
MEDICAL PRACTITIONERS ACT, 1978
AN ACT TO PROVIDE FOR THE SETTING UP OF A COUNCIL TO BE KNOWN AS COMHAIRLE NA nDOCHTUIRI LEIGHIS OR THE MEDICAL COUNCIL WHICH SHALL PROVIDE FOR THE REGISTRATION AND CONTROL OF PERSONS ENGAGED IN THE PRACTICE OF MEDICINE AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE PRACTICE OF MEDICINE AND THE PERSONS ENGAGED IN SUCH PRACTICE AND TO PROVIDE FOR THE SETTING UP OF A BOARD TO BE KNOWN AS AN BORD MIOCHAINE AGUS DEIDLIACHTA IARCHEIME OR THE POSTGRADUATE MEDICAL AND DENTAL BOARD WHICH SHALL PROMOTE AND CO-ORDINATE POSTGRADUATE EDUCATION AND TRAINING FOR PERSONS ENGAGED IN THE PRACTICE OF MEDICINE AND DENTISTRY AND TO PROVIDE FOR THE REPEAL OF THE MEDICAL PRACTITIONERS ACTS, 1927 TO 1961, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [21st March, 1978]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Medical Practitioners Act, 1978.
	2.—In this Act—
	Interpretation.	“the Board” means An Bord Míochaine agus Déidliachta Iarchéime or the Postgraduate Medical and Dental Board established by this Act;
	“certificate of experience” means a certificate granted to a person who has complied with the provisions of section 28 of this Act;
	“the Council” means Comhairle na nDochtúirí Leighis or the Medical Council established by this Act;
	“the Dental Board” means the Dental Board constituted under the Dentists Act, 1928 ;
	“employment in a residential medical capacity” has the meaning specified in section 28 of this Act;
	“establishment day” means the day appointed to be the establishment day for the purposes of this Act under section 4 of this Act;
	“Fitness to Practise Committee” means the committee to be established by the Council under section 13 (2) (b) of this Act;
	“formal qualification” means a primary qualification together with a certificate of experience;
	“full registration” means registration other than provisional registration or temporary registration and “fully registered” shall be construed accordingly;
	“the Medical Registration Council” means the Medical Registration Council established under the Medical Practitioners Act, 1927;
	“Member State” means a state other than the State which is a member of the European Economic Community;
	“the Minister” means the Minister for Health;
	“practice of medicine” includes practice of surgery, midwifery and other disciplines of medicine and “medical practitioner” shall be construed accordingly;
	“prescribe” means prescribe by regulations;
	“primary qualification” means a qualification specified in the Fourth Schedule to this Act;
	“provisional registration” means registration by virtue of section 28 of this Act, and “provisionally registered” shall be construed accordingly;
	“the register” means the General Register of Medical Practitioners established under section 26 of this Act;
	“registered dentist” means a person whose name is entered in the Register of Dentists maintained under the Dentists Act, 1928 ;
	“registered medical practitioner” means a person whose name is entered in the register;
	“Register of Medical Specialists” means the register referred to in section 30 of this Act;
	“the Registrar” means the chief officer of the Council;
	“retention fee” means a fee payable by a person entitled to be registered in any register maintained by the Council for the retention of his name in that register;
	“temporary registration” means registration by virtue of section 29 of this Act and “temporarily registered” shall be construed accordingly.
	Commencement.	3.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to a particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
	Establishment day.	4.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.
	Repeals.	5.—The enactments specified in the First Schedule to this Act are hereby repealed.
PART II The Medical Council
	Establishment of the Medical Council.	6.—(1) There shall, by virtue of this section, be established on the establishment day a body to be known as Comhairle na nDochtúiri Leighis, or in the English language as the Medical Council (in this Act referred to as the Council) to fulfil the functions assigned to it by this Act.
	(2) The Council shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name, and to acquire, hold and dispose of land.
	(3) The Council may, subject to the provisions of this Act, regulate its own procedure.
	(4) The Second Schedule to this Act shall apply to the Council.
	Dissolution of Medical Registration Council.	7.—(1) The Medical Registration Council shall, on the establishment day, be dissolved by virtue of this section.
	(2) All property, whether real or personal (including choses-in-action), which immediately before the...