Recognition of the Professional Qualifications of Nurses and Midwives (Directive 2005/36/Ec) Regulations, 2008

• Jurisdiction: Ireland
• Year: 2008
• Citation: IR SI 164/2008

S.I. No. 164 of 2008

RECOGNITION OF THE PROFESSIONAL QUALIFICATIONS OF NURSES AND MIDWIVES (DIRECTIVE 2005/36/EC) REGULATIONS, 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th June, 2008.

The Minister for Health and Children, in exercise of the powers conferred on her by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), as amended by the European Communities Act 2007 (No. 18 of 2007), and for the purpose of giving effect to

Council Directive No. 2005/36/EC of 7 September 2005

Council Directive No. 2006/100/EC of 20 November 2006

Article 24 of Council Directive No. 2004/38/EC of 29 April 2004

Article 27 of Council Directive No. 2004/83/EC of 29 April 2004

Hereby makes the following Regulations:

Citation

1. (1) These Regulations may be cited as the Recognition of the Professional Qualifications of Nurses and Midwives (Directive 2005/36/EC) Regulations, 2008;

(2) These Regulations shall come into operation on the date they are signed by the Minister.

Purpose of these Regulations

2. These Regulations govern the recognition in the State of the professional qualifications of nurses responsible for general care and midwives pursuant to Directive 2005/36/EC of the European Parliament and the Council, of 7 September 2005, on the recognition of professional qualifications.

Interpretation

3. (1) In these Regulations, except where the context otherwise requires—

“adaptation period” means a period of pursuit of the profession of nurse responsible for general care or midwife in the State under the responsibility of a qualified member of that profession, such period of supervised practice possibly being accompanied by further training. This period of supervised practice shall be the subject of an assessment. The detailed procedures governing the adaptation period and its assessment as well as the status of an applicant under supervision shall be laid down by the Board;

“aptitude test” means a test limited to the professional knowledge of the applicant, made by the Board with the aim of assessing the ability of the applicant to perform the relevant profession. In order to permit this test to be carried out, the Board shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the State and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant.

The aptitude test must take account of the fact that the applicant is a qualified professional in the relevant state in which he or she is established. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to pursue the profession in the State. The test may also include knowledge of the professional rules applicable to the activities in question in the State.

The detailed application of the aptitude test and the applicant’s status in the State shall be determined by the Board;

“attestation of competence” means any evidence of qualifications—

(a) attesting to education and training other than education and training constituting a diploma or certificate, or

(b) awarded following an assessment of the personal qualities, aptitudes or knowledge which it is considered essential that the applicant have for the pursuit of a profession by an authority designated in accordance with the laws, regulations or administrative provisions of a Member State without proof of prior education and training being required;

“the Board” means An Bord Altranais or the Nursing Board, established by the Nurses Act, 1985 (No. 18 of 1985);

“competent authority” means any authority or body empowered by a relevant state specifically to issue or receive training diplomas and other documents or information and to receive the applications, and take the decisions, referred to in the Professional Qualifications Directive in respect of the professions of nurse responsible for general care or midwife;

“establishment” means the actual pursuit of an economic activity, as referred to in Article 43 of the Treaty, by the provider for an indefinite period and, where applicable, through a stable infrastructure from where the business of providing services is actually carried out;

“evidence of formal qualifications” means diplomas, certificates and other evidence issued by an authority in a relevant state designated pursuant to legislative, regulatory or administrative provisions in that relevant state and certifying successful completion of professional training obtained mainly in a relevant state;

“Minister” means the Minister for Health and Children;

“national of a relevant state” includes a person who is not a national of a relevant state, but who is, by virtue of any enforceable Community right, entitled to be treated no less favourably than a national of such a state and, in particular:

(a) family members of European Union citizens, as defined in Article 2(2) and Article 3 of Council Directive 2004/38/EC, who have been given the right of residence or permanent residence, under that Directive; and

(b) persons granted refugee or subsidiary protection status in the State, and their dependent family members, as set out in Council Directive 2004/83/EC;

“professional experience” means the actual and lawful pursuit in another Member State of a corresponding profession;

“the Professional Qualifications Directive” means Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons by reason of the accession of Bulgaria and Romania;

“the Professional Qualifications Regulations” means the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations, 2008 ( S.I. No. 139 of 2008 );

“the register” means the register of nurses established under Section 27 of the Nurses Act, 1985 (No. 18 of 1985);

“relevant state” means—

(a) a Member State of the European Union,

(b) a State that is a contracting state to the EEA Agreement within the meaning given by the European Communities (Amendment) Act, 1993 (other than a Member State of the European Union),

(c) the Swiss Confederation;

“service” means any self-employed economic activity normally provided for remuneration, as referred to in Article 50 of the Treaty;

“the Treaty” means the Treaty establishing the European Community, signed at Rome on 25 March 1957, as amended;

“visiting service provider” means a person seeking to provide service in the State pursuant to Regulation 11(1).

(2) For the purposes of these Regulations, the professional activities of nurses responsible for general care and midwives are the activities pursued on a professional basis and referred to in Annex V, points 5.2.2 and 5.5.2 respectively, of the Professional Qualifications Directive.

(3) In relation to the professional activities of midwives, Article 42 of the Professional Qualifications Directive shall apply.

(4) A word or expression that is used in these Regulations and is also used in the Professional Qualifications Directive has, unless a contrary intention appears, the meaning in these Regulations that it has in the Professional Qualifications Directive.

(5) In these Regulations—

(a) a reference to a Regulation is a reference to a Regulation of these Regulations unless it is indicated that reference to some other Regulations is intended,

(b) a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,

(c) any reference to an Annex of the Professional Qualifications Directive shall be treated as encompassing the Annexes set out in the Professional Qualifications Directive as updated by the additions in Council Directive 2006/100/EC on foot of the accession of Bulgaria and Romania,

(d) any reference to an Annex of the Professional Qualifications Directive shall be treated as encompassing subsequent updates made from time to time on foot of the accession of additional Member States, or on the basis of decisions made by the Committee established under Article 58 of the Professional Qualifications Directive.

Competent Authority

4. (1) The Board is hereby designated as the competent authority in the State for the purposes of—

(a) the Professional Qualifications Directive and the Professional Qualifications Regulations in relation to the nursing and midwifery professions including the professions of nurse responsible for general care and midwife

and,

(b) the award of evidence of the formal qualifications of nurse responsible for general care and midwife listed in Annex V, points 5.2.2 and 5.5.2 respectively, of the Professional Qualifications Directive.

(2) The functions of the competent authority in the State under the Professional Qualifications Directive and the Professional Qualification Regulations, in relation to the nursing and midwifery professions including the professions of nurse responsible for general care and midwife shall be performed by the Board.

Training of general nurses and midwives

5. The Board shall ensure that the training and qualifications in general nursing and midwifery granted in the State satisfy the requirements of Articles 31 and 40, respectively, of the Professional Qualifications Directive, in relation to training.

Registration of nurses responsible for general care and midwives under automatic system of recognition

6. (1) (a) Every person, being a national of a relevant state, on making an application in the form and manner specified by the Board and on paying the prescribed fee, and who at the time of such application provides...