Medical Practitioners Act 2007

Sommaire

1. Art. 1 Short title and commencement.
2. Art. 2 Interpretation.
3. Art. 3 Repeals and revocations.
4. Art. 4 Continuance in being of Council.
5. Art. 5 Seal of Council.
6. Art. 6 Object of Council.
7. Art. 7 Functions of Council.
8. Art. 8 Conferral of additional functions on Council.
9. Art. 9 Ministerial directions to Council.
10. Art. 10 Immunity.
11. Art. 11 Council’s power to make rules.
12. Art. 12 Council’s power to issue guidelines.
13. Art. 13 Council to prepare and submit statement of strategy.
14. Art. 14 Publication and implementation of statement of strategy.
15. Art. 15 Council to prepare and forward business plan to Minister.
16. Art. 16 Council to submit annual report to Minister.
17. Art. 17 Members of Council.
18. Art. 18 Elections.
19. Art. 19 First meeting of Council under this Act.
20. Art. 20 Committees of Council.
21. Art. 21 Expenses of members of Council and committees.
22. Art. 22 Payment of allowances.
23. Art. 23 Removal of members of Council from office.
24. Art. 24 Chief executive officer.
25. Art. 25 Staff of Council.
26. Art. 26 Age limits.
27. Art. 27 Superannuation.
28. Art. 28 Membership of either House of Oireachtas by member of staff of Council.
29. Art. 29 Membership of local authority or European Parliament by member of staff of Council.
30. Art. 30 Disclosure of interests by members of Council or committee.
31. Art. 31 Disclosure of interests by members of staff of Council.
32. Art. 32 Accounts of Council.
33. Art. 33 Power of Council to borrow.
34. Art. 34 Acceptance of gifts by Council.
35. Art. 35 Expenses of Council and Minister.
36. Art. 36 Fees that Council may charge.
37. Art. 36A Definitions.
38. Art. 36B Register of interns.
39. Art. 36C Application for recognition of qualification.
40. Art. 36D Requirements to be met for recognition of qualification.
41. Art. 36E Application for registration.
42. Art. 36F Provisions supplementary to sections 36B and 36E.
43. Art. 36G Conditions attached to registration.
44. Art. 36H Appeal to Court against certain decisions of Council.
45. Art. 36I Correction of register.
46. Art. 36J Publication of register.
47. Art. 36K Interpretation - Part 5B.
48. Art. 36L Register of adapters.
49. Art. 36M Application for registration.
50. Art. 36N Provisions supplementary to sections 36L and 36M.
51. Art. 36O Conditions attached to registration.
52. Art. 36P Appeal to Court against certain decisions of Council.
53. Art. 36Q Correction of register.
54. Art. 36R Publication of register.
55. Art. 37 Unregistered medical practitioners shall not practise medicine.
56. Art. 38 Circumstances in which unregistered medical practitioners may practise medicine.
57. Art. 38A Duty of medical practitioner — indemnity
58. Art. 38B Circumstances in which persons may practise medicine.
59. Art. 39 Designated titles.
60. Art. 40 Use of designated titles.
61. Art. 41 Offences and penalties.
62. Art. 42 Recovery of fees, etc.
63. Art. 43 Register.
64. Art. 44 Transitional provisions applicable to register.
65. Art. 44A Application for recognition of qualification.
66. Art. 44B Requirements to be met for recognition of qualification as general qualification.
67. Art. 44C Requirements to be met for recognition of qualification as specialist qualification.
68. Art. 45 Registration of medical practitioners — general.
69. Art. 46 Medical practitioners to be registered in General Division.
70. Art. 47 Medical practitioners to be registered in Specialist Division.
71. Art. 48 Medical practitioners to be registered in Trainee Specialist Division.
72. Art. 49 Internship registration in Trainee Specialist Division.
73. Art. 50 Visiting EEA practitioners providing services on temporary and occasional basis.
74. Art. 50A Registration of medical practitioners in Supervised Division.
75. Art. 51 Registration of additional qualifications.
76. Art. 52 Application to have registration removed, etc.
77. Art. 53 Conditions attached to first registration.
78. Art. 54 Refusal of registration, etc., and appeal to Court against Council’s decision.
79. Art. 54A Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.
80. Art. 55 Correction of register.
81. Art. 56 Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions.
82. Art. 56 Publication of register.
83. Art. 56A Application of Parts 7, 8 and 9 to medical practitioners previously registered in Supervised Division.
84. Art. 56B Application of Parts 7, 8 and 9 to interns and adapters.
85. Art. 57 Complaints concerning registered medical practitioners.
86. Art. 58 Persons to assist Preliminary Proceedings Committee.
87. Art. 58A Investigation of complaints.
88. Art. 59 Consideration of complaints by Preliminary Proceedings Committee.
89. Art. 59A Undertakings and consents.
90. Art. 60 If immediate suspension of registration is necessary to protect public.
91. Art. 61 No further action or referral of complaint to another body or authority or to professional competence scheme.
92. Art. 62 Resolution of complaints by mediation or other informal means.
93. Art. 63 Referral of complaint to Fitness to Practise Committee.
94. Art. 64 Duty to notify registered medical practitioner and complainant or other witnesses of referral to, and hearing by, Fitness to Practise Committee.
95. Art. 65 Conduct of hearing.
96. Art. 65A Fitness to Practise Committee may order that certain information not be published.
97. Art. 66 Powers and protections relating to witnesses and evidence.
98. Art. 67 If registered medical practitioner consents to censure or remedial action, etc.
99. Art. 68 If complaint is withdrawn while it is being considered by Fitness to Practise Committee.
100. Art. 69 Report to Council by Fitness to Practise Committee.
101. Art. 70 Steps to be taken by Council after receiving report.
102. Art. 70A Sections 71 and 72 not to apply in certain cases.
103. Art. 70B Measures to be taken by Council after receiving report referred to in section 59A(2)(c).
104. Art. 71 Duty of Council to decide on appropriate sanction.
105. Art. 71A Duty of Council to decide on appropriate sanction in certain cases (Supervised Division).
106. Art. 72 Provisions supplementary to section 71.
107. Art. 72A Provisions supplemental to section 71A.
108. Art. 73 Duty to notify registered medical practitioner of Council’s sanction.
109. Art. 74 Confirmation by Court required before certain decisions become effective.
110. Art. 75 Appeal to Court against Council’s decision under section 71.
111. Art. 76 Application to Court for confirmation of Council’s decision.
112. Art. 77 Evidence relating to appeal under section 75(I1) or application under section 76(1) to Court.
113. Art. 78 Duty to notify registered medical practitioner of compliance with decisions confirmed or given by Court.
114. Art. 79 Removal of registration for failure to pay fee.
115. Art. 80 Restoration, etc., of registration following payment of certain fees.
116. Art. 80A 80A Removal of registration for failure to provide certain evidence relating to indemnity
117. Art. 80B Restoration after removal under section 80A
118. Art. 81 Restoration of registration which has been cancelled.
119. Art. 82 Removal of conditions attached to registration.
120. Art. 83 Appeal to Court against Council’s decision under section 81 or 82.
121. Art. 84 Notification to Minister, Health Service Executive and employer of certain matters relating to sanctions.
122. Art. 85 Information Council may publish in public interest.
123. Art. 86 Duties of Health Service Executive in relation to medical and dental education and training.
124. Art. 87 Functions of Council in relation to Directives of European Union relating to medical education and training.
125. Art. 88 Duties of Council in relation to medical education and training.
126. Art. 89 Training bodies and qualifications for the purposes of the Specialist and Trainee Specialist Divisions.
127. Art. 90 Appeal to Court against Council’s decision under section 88(2)(a)(i)(II) or (ii) or 89(3)(a)(ii) or (b).
128. Art. 91 Duty of Council in relation to maintenance of professional competence of registered medical practitioners.
129. Art. 92 Appeal to Court against Council’s decision under section 91(4)(a) or (b).
130. Art. 93 Duty of Health Service Executive and other employers in relation to the maintenance of professional competence of registered medical practitioners.
131. Art. 94 Duty of registered medical practitioners to maintain professional competence.
132. Art. 95 Confidentiality.
133. Art. 96 Interpretation of Part 12.
134. Art. 97 Transfer day and dissolution of Board.
135. Art. 98 Minister may require information from Board.
136. Art. 99 Transfer of staff.
137. Art. 100 Transfer of property and liabilities to Health Service Executive.
138. Art. 101 Preservation of certain contracts and adaptation of references.
139. Art. 102 Pending legal proceedings.
140. Art. 103 Preparation of accounts.
141. Art. 104 Privilege.
142. Art. 105 Investigation.
143. Art. 105A Admissibility of certain documents relating to proceedings in State or other jurisdictions.
144. Art. 105B Prosecution of summary proceedings.
145. Art. 106 Council to be licensing authority, etc., under Anatomy Act 1832.
146. Art. 107 Power to specify forms.
147. Art. 108 Construction of references to registered medical practitioner and Medical Council, etc.
148. Art. 109 Persons entitled to sign medical certificates.
149. Art. 110 Special measures registration having regard to Covid-19
150. Art. 111 Modification of operation of section 105(1)(a)
151. Art. 112 Notifications under Act