Medical Practitioners Act, 2007

JurisdictionIreland
CitationIR No. 25/2007


MEDICAL PRACTITIONERS ACT 2007

2007 Number 25

AN ACT FOR THE PURPOSE OF BETTER PROTECTING AND INFORMING THE PUBLIC IN ITS DEALINGS WITH MEDICAL PRACTITIONERS AND, FOR THAT PURPOSE, TO INTRODUCE MEASURES, IN ADDITION TO MEASURES PROVIDING FOR THE REGISTRATION AND CONTROL OF MEDICAL PRACTITIONERS, TO BETTER ENSURE THE EDUCATION, TRAINING AND COMPETENCE OF MEDICAL PRACTITIONERS, TO AMEND THE MEMBERSHIP AND FUNCTIONS OF THE MEDICAL COUNCIL, TO INVESTIGATE COMPLAINTS AGAINST MEDICAL PRACTITIONERS AND TO INCREASE THE PUBLIC ACCOUNTABILITY OF THE MEDICAL COUNCIL; TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 2005/36/EC; AND, FOR THAT PURPOSE, TO REPEAL AND REPLACE THE MEDICAL PRACTITIONERS ACTS 1978 TO 2002 AND TO PROVIDE FOR RELATED MATTERS.

[7th May 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title and commencement.

1 Short title and commencement.

(1) This Act may be cited as the Medical Practitioners Act 2007.

(2) The collective citation "the Health Acts 1947 to 2007" shall include section 57 (9).

(3) The Minister for Health and Children may, by order or orders, appoint such day or days on which this Act shall come into operation, and different days may be so appointed for different purposes and different provisions.

S-2 Interpretation.

2 Interpretation.

2.— In this Act, except where the context otherwise requires—

" Act of 1978 " means the Medical Practitioners Act 1978 ;

" Act of 2002 " means the Medical Practitioners (Amendment) Act 2002 ;

" allegation ", in relation to a complaint, means an allegation—

(a) arising out of the complaint, and

(b) which falls within one or more than one of the grounds specified in section 57 (1);

" appropriate fee ", in relation to a provision of this Act, means the fee determined under section 36 (1) that is appropriate for that provision;

" basic medical qualification " means—

(a) a qualification arising from the satisfactory completion of a programme of basic medical education and training approved under section 88 (2)(a)(i)(I),

(b) a qualification in basic medical training specified in point 5.1.1 of Annex V to Directive 2005/36/EC, or

(c) a degree, diploma or other qualification recognised under section 88 (7) to be at least the equivalent of a qualification referred to in paragraph (a);

" business plan " means a business plan prepared pursuant to section 15 (1);

" cancel ", in relation to the registration of a medical practitioner, means to delete the practitioner's name from the register pursuant to a decision referred to in section 78 (3) to cancel the registration of the practitioner;

" certificate of experience " means a certificate of experience granted to a medical practitioner pursuant to section 49 (2);

" certificate of registration " means a certificate referred to in section 43 (5);

" chief executive officer " means the chief executive officer of the Council appointed under section 24 (1);

" committee" means a committee established under section 20 (1), (2), (3) or (4);

" complainant ", in relation to a complaint, means the person (including the Council) who made the complaint;

" complaint " means a complaint under section 57 (1);

" conditions " includes terms;

" Council " means Comhairle na nDochtir Leighis or the Medical Council established by the Act of 1978 and continued in being by section 4 (1);

" Court " means the High Court;

" decision ", in relation to an appeal under section 54 , 75 , 83 , 90 or 92 , includes part of a decision;

" Dental Council " means An Chomhairle Fiaclóireachta or the Dental Council established by the Dentists Act 1985 ;

" Directive 2005/36/EC " means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications 1 ;

"Fitness to Practise Committee" means the committee established under section 20 (2)(b);

" formal qualification " means—

(a) a basic medical qualification, and

(b) a certificate of experience;

" General Division " means that division of the register referred to in section 43 (2)(a);

"General Register of Medical Practitioners" means the register established under section 26 of the Act of 1978;

"give" includes send, whether by post or electronic or other means, and cognate words shall be construed accordingly;

" Health Service Executive " means the Health Service Executive established under section 6 of the Health Act 2004 ;

" Higher Education Authority " means An tdars um Ard-Oideachas established by section 2 of the Higher Education Authority Act 1971 ;

" inquiry " means an inquiry into a complaint by the Fitness to Practise Committee pursuant to a referral under section 63 ;

" local authority " has the same meaning as it has in the Local Government Act 2001 ;

" material interest " means material interest as construed in accordance with the Ethics in Public Office Act 1995 ;

"medical practitioner" means a person who holds a basic medical qualification;

" Member State" means a state other than the State which is a member of the European Union and includes states which are parties to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the protocol done at Brussels on 17 March 1993 and the Swiss Confederation;

" Minister " means the Minister for Health and Children;

" poor professional performance ", in relation to a medical practitioner, means a failure by the practitioner to meet the standards of competence (whether in knowledge and skill or the application of knowledge and skill or both) that can reasonably be expected of medical practitioners practising medicine of the kind practised by the practitioner;

" practice of medicine " includes practice of surgery and other disciplines of medicine;

" practise medicine " means to engage in the practice of medicine;

" Preliminary Proceedings Committee " means the committee established under section 20 (2)(a);

" professional competence scheme " means a scheme established under section 91 (2);

" published in the prescribed manner ", in relation to any document or information (howsoever described), means the document or information, as the case may be—

(a) is published on a relevant Internet website, and

(b) is available for inspection, at the offices of the Council and at all reasonable times, by members of the public;

" register " means the register of medical practitioners established under section 43 (1);

" registered ", in relation to a medical practitioner, means registered under section 46 , 47 , 48 , 49 or 50 ;

" registered dentist " means a person whose name is entered in the Register of Dentists established under the Dentists Act 1985 ;

" registered medical practitioner " means a medical practitioner whose name is entered in the register;

" register establishment day " means the date specified in the notice referred to in section 44 (3) published in Iris Oifigiil as the date on which the register comes into operation;

" Register of Medical Specialists " means the register established under section 30 of the Act of 1978;

" relevant conditions ", in relation to a registered medical practitioner, means any conditions attached to the registration of the practitioner pursuant to—

(a) section 53 (3),

(b) a decision confirmed or given under section 54 (4),

(c) a decision referred to in section 78 (1),

(d) section 81 (3), or

(e) a decision confirmed or given under section 83 (3);

"relevant Internet website" means an Internet website of the Council (including part of such a website)—

(a) to which access is readily available by members of the public, and

(b) where anything published on the website is readily available for inspection by members of the public;

" relevant medical disability ", in relation to a medical practitioner, means a physical or mental disability of the practitioner (including addiction to alcohol or drugs) which may impair the practitioner's ability to practise medicine or a particular aspect thereof;

" remove ", in relation to the registration of a medical practitioner, means to delete the practitioner's name from the register pursuant to section 52 (2) or (6), 55 (1) or 79 (1);

" restore ", in relation to the registration of a medical practitioner, means to re-enter the practitioner's name in the register pursuant to section 52 (5), 80 or 81 (2) or a decision confirmed or given under section 54 (4) or 83 (3);

"committee" means a committee established under section 20 (2)(a) or (b);

"Specialist Division" means that division of the register referred to in section 43 (2)(b);

" statement of strategy " means a statement of strategy prepared pursuant to section 13 (1);

"third country" means a state other than the State or a Member State;

"Trainee Specialist Division" means that division of the register referred to in section 43 (2)(c);

"unregistered medical practitioner" means a medical practitioner who is not registered;

"visiting EEA practitioner" means a medical practitioner who falls within section 50 (1);

" Visiting EEA Practitioners Division " means that division of the register referred to in section 43 (2)(d).

S-3 Repeals and revocations.

3 Repeals and revocations.

(1) The Acts specified in Part 1 of Schedule 1 are repealed.

(2) The statutory instruments specified in Part 2 of Schedule 1 are revoked.

2 Continuance in being of Council and object and functions of Council, etc.

PART 2

Continuance in being of Council and object and functions of Council, etc.

S-4 Continuance in being of Council.

4 Continuance in being of Council.

(1) Notwithstanding the repeal of the Act of 1978 by section 3 —

(a) the body known as Comhairle na nDochtir Leighis, or in the English language as the Medical Council, established by section 6 of that Act shall continue in being, and

(b) subject to subsections (5) and (6), anything commenced but not completed by that body, or the committee established under section 13(2)(b) of the Act of 1978, before the commencement of...

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