S.I. No. 591/2009 - Medical Council - Registration Rules VF2, 2009.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th October, 2010.

DOCUMENT A

GENERIC RULES FOR REGISTRATION IN THE TRAINEE SPECIALIST, SPECIALIST OR GENERAL DIVISIONS OF THE REGISTER OF MEDICAL PRACTITIONERS TO BE ESTABLISHED PURSUANT TO THE MEDICAL PRACTITIONERS ACT 2007

These rules are made pursuant to the provisions of section 11 of the Medical Practitioners Act 2007 (“the Act”) for the purpose of specifying how medical practitioners may be registered in the Register of Medical Practitioners (“the Register”). These rules should be read in conjunction with the relevant rules specific to the division of the Register in which an applicant wishes to be registered. With the exception of the Visiting EEA Practitioners Division, these rules and the rules specific to the division of the Register in which an applicant is deemed eligible to be registered, if any, will apply and the rules of interpretation shall be as stated in section 2 of the Act unless otherwise stated.

A.1 Eligibility

Eligibility for registration is specific to each of the four divisions of the Register and is outlined in the Rules specific to each division. Eligibility will be determined by the Medical Council on assessment of each application submitted, following which the applicant will be informed if they are eligible and, if so, in which Division of the Register.

A.2 Application Documentation

When making an application for registration a medical practitioner is required to provide the following documentation:

A.2. (i) completed application form, as specified by the Medical Council;

A.2. (ii) notarised/attested evidence of identification as specified by the Medical Council;

A.2. (iii) original Certificate of Current Professional Status/Good Standing, dated within the last three months, to be sent directly from all relevant competent authorities with whom the applicant has been registered within the last five years;

A.2. (iv) notarised/attested copy basic medical qualification;

A.2. (v) notarised/attested copy relevant certificate(s) confirming the applicant’s higher specialist qualification, if appropriate;

A.2. (vi) any other documentation deemed by the Medical Council to be appropriate in the circumstances.

A.3 Registration

A.3. (i) Registration in the Register or any specific division thereof is not automatic upon graduation and/or completion/cessation of postgraduate training. Medical practitioners must apply formally to the Medical Council in the manner specified by the Medical Council and pay the appropriate fee, in order to have their eligibility for registration established.

A.3. (ii) The granting of registration to a medical practitioner is not and should not be taken as an automatic entitlement to any further period(s) of registration in any division(s) of the Register. The provisions at paragraph A.3.(i) above will apply in all cases.

A.3. (iii) The Medical Council reserves the right to seek further information or documentation from an applicant or make any enquiry/ies with any body/ies or person(s) in pursuance of an application for registration.

A.3. (iv) If an applicant provides documentation in support of an application for registration which is later found to be a forgery, the applicant will be refused registration.

A.3. (v) The Certificate of Registration will display the medical practitioner’s registered name, qualifications and year of conferral, registration number, registered address, division of the Register in which the medical practitioner’s name is included and registration status including, at the Medical Council’s discretion, any terms or conditions attached to their registration and/or the medical practitioner’s registration history.

A.3. (vi) At any one time, registration in the General Division or the Specialist Division of the Register may only be granted for the remaining portion of the current registration year. To have their registration renewed, on expiry of a Certificate of Registration, which will occur at least once every twelve months, all medical practitioners entered in the Register must, on receipt of a retention notice, pay the appropriate fee and complete any retention process specified by the Medical Council.

A.3. (vii) Failure to comply with the Medical Council’s registration requirements will preclude the granting of registration. A medical practitioner may not take up duty or continue in employment or return to a previous post unless and until their name has been entered in the appropriate Division of the Register.

A.4. Review of a decision to refuse registration

A.4. (i) All applicants who are refused registration in the first instance by a Committee, or other Group authorised to do so by the Medical Council, may submit a written request that the decision be reviewed at a hearing before a select panel of Medical Council and/or other relevant representatives prior to a final decision being made on their application. The written request must state the grounds for a review of the decision.

A.4. (ii) A formal written report of the review hearing will be prepared by the panel and will be provided to the applicant. The applicant may subsequently make a formal written submission to the Council for consideration prior to a final decision being made on their application.

A.4. (iii) Following review, a final decision will be made by the Council at the next available opportunity. With the exception of those Council Members who have previously considered the application, the Council will consider the report of the panel and any subsequent submissions by the applicant and/or their legal or other representative(s) prior to making a decision to endorse or overturn the original decision to refuse the applicant registration.

A.5 Voluntary Withdrawal

A.5. (i) Under section 52 of the Act, a registered medical practitioner may apply for the withdrawal of their name from the Register on a voluntary basis. If a medical practitioner wishes to have their name removed, they must apply formally in writing, providing satisfactory evidence of identity. If deemed appropriate, voluntary withdrawal will take effect from the requested date, or the date on which a complete application is received, whichever is the later, and the medical practitioner will be notified.

A.5. (ii) A medical practitioner who ceases to practise medicine in an individually numbered, identifiable post which has been approved by the Medical Council for the purposes of medical specialist training prior to the expiry date on their Certificate of Registration is no longer entitled to be registered in the Trainee Specialist Division. Under the provisions of section 48(6) of the Act, where eligible, they will be registered in the appropriate Division.

A.6 Unregistered Medical Practitioners

Each medical practitioner is responsible for ensuring that their registration is current and appropriate for their individual circumstances.

DOCUMENT B

RULES FOR REGISTRATION FOR INTERNSHIP TRAINING IN THE TRAINEE SPECIALIST DIVISION OF THE REGISTER OF MEDICAL PRACTITIONERS TO BE ESTABLISHED PURSUANT TO THE MEDICAL PRACTITIONERS ACT 2007

These rules are made pursuant to the provisions of sections 11 and 49 of the Medical Practitioners Act 2007 (“the Act”) and Medical Council policy on internship training, for the purpose of specifying how medical practitioners may be registered for internship training in the Trainee Specialist Division of the Register of Medical Practitioners (“the Register”). These rules must be read in conjunction with the Generic Rules for Registration in the Register of Medical Practitioners.

B.1. Registration in the Trainee Specialist Division for medical practitioners who intend to practise medicine in an individually numbered, identifiable intern post which has been approved by Council for the purposes of intern training will be known as “internship registration” for the purposes of distinguishing between other individually numbered, identifiable posts which have been approved by the Council for the purposes of medical specialist training in the Trainee Specialist Division of the Register.

B.2. Eligibility

Internship registration may only be granted to a medical practitioner who has completed successfully a course of study in the State or a Member State resulting in the award of a basic medical qualification, within the meaning of the Act and who intends to practise in an individually numbered, identifiable intern training post which has been approved by the Council for the purpose of intern training.

B.3. Duration and Criteria for internship training In order to be eligible for a certificate of experience on completion of internship training, a medical practitioner must complete satisfactorily a minimum aggregate period of twelve months’ internship training in individually numbered, identifiable intern posts which have been approved by the Council for the purposes of intern training.

DOCUMENT C

RULES FOR REGISTRATION FOR MEDICAL SPECIALIST TRAINING IN THE TRAINEE SPECIALIST DIVISION OF THE REGISTER OF MEDICAL PRACTITIONERS TO BE ESTABLISHED PURSUANT TO THE MEDICAL PRACTITIONERS ACT 2007

These rules are made pursuant to the provisions of sections 11 and 48 of the Medical Practitioners Act 2007 (“the Act”) and Medical Council policy on postgraduate training, for the purpose of specifying how medical practitioners may be registered for medical specialist training in the Trainee Specialist Division of the Register of Medical Practitioners (“the Register”). These rules must be read in conjunction with the Generic Rules for Registration in the Register of Medical Practitioners.

C.1. Registration in the Trainee Specialist Division in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training will be known as “trainee specialist registration” for the purposes of distinguishing between internship registration and registration for medical specialist training in the Trainee Specialist Division of the Register.

C.2. Eligibility

C.2. (i) In order to be eligible to apply for trainee specialist registration, a medical practitioner must establish an entitlement to recognition of their professional qualifications under the Act and/or EU Directive 2005/36/EC by meeting the criteria under categories 1 or 2; or meet the criteria under categories 3 or 4.

Category 1: Graduates of medical schools approved by the Medical Council under section 88(2)(a)(i) of the Act within the State who have completed satisfactorily internship training in accordance with Medical Council policy on internship training and been awarded a certificate of experience.

Category 2: Nationals of a Member State who do not meet the eligibility requirements for category 1 above and have been awarded a formal qualification in basic medical training recognised by the Medical Council under EU Directive 2005/36/EC and possess the required accompanying certificate (if any) listed in the aforementioned EU Directive 2005/36/EC as a requirement for formal qualification within the meaning of the Directive or have completed satisfactorily internship training in accordance with Medical Council policy and been awarded a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience; or possess a Certificate of Acquired Rights.

Category 3: Nationals of a Third Country who have been awarded a formal qualification in basic medical training that would be recognised by the Medical Council under EU Directive 2005/36/EC if they were nationals of a Member State and who possess the required accompanying certificate (if any) referred to in the Directive as a requirement for formal qualification within the meaning of the Directive, or have completed satisfactorily internship training in accordance with Medical Council policy and been awarded a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience; or possess a Certificate of Acquired Rights.

Category 4: Medical practitioners not listed in any of the above categories who have completed satisfactorily internship training in accordance with Medical Council policy and been awarded a certificate of experience or equivalent or graduates of medical schools who are entitled to have their qualifications assessed under the general system for the recognition of evidence of training under the Directive; and who hold full registration (or equivalent) with the relevant competent authority in another jurisdiction outside the State.

C.2. (ii) Medical practitioners who have been granted refugee status within the State and who can satisfy the Medical Council that they meet the criteria for at least one of the above categories are eligible to apply for trainee specialist registration.

C.2. (iii) Medical practitioners who are eligible to apply for trainee specialist registration by virtue of meeting the criteria under Category 4 only above, unless previously registered with the Medical Council within the State, shall be required to pass a pre-registration examination specified for the purposes of section 48(3)(a)(i) or 48(4)(a)(i) of the Act or satisfy the criteria for exemption from the examination specified for the purposes of section 48(3)(a)(ii) or 48(4)(a)(ii) of the Act in order to become eligible for trainee specialist registration. Exemption from the examination may be granted at the Medical Council’s discretion in the manner set out by the Medical Council.

C.2. (iv) Candidates will normally be allowed a maximum of three attempts to pass a specified pre-registration examination, or any part thereof. Further attempts at completing the pre-registration examination will be at the discretion of the Council.

C.2. (v) Medical practitioners who are eligible to apply for trainee specialist registration by virtue of meeting the criteria under Category 3 or 4 only above, shall be required to pass or may be exempted from a Medical Council-recognised English Language Test to the level required by the Medical Council. The test score will expire two years from the date the test was taken and must be valid on the date the applicant is declared eligible to sit or be exempted from a specified pre-registration examination. Exemption from the English Language Test requirement may be granted at the Medical Council’s discretion in the manner set out by the Medical Council.

C.2. (vi) Medical practitioners can only be granted trainee specialist registration if they practise in an individually numbered, identifiable post which has been approved by the Council for the purpose of medical specialist training.

DOCUMENT D

RULES FOR REGISTRATION IN THE SPECIALIST DIVISION OF THE REGISTER OF MEDICAL PRACTITIONERS TO BE ESTABLISHED PURSUANT TO THE MEDICAL PRACTITIONERS ACT 2007

These rules are made pursuant to the provisions of sections 11 and 47 of the Medical Practitioners Act 2007 (“the Act”) and Medical Council policy on postgraduate training, for the purposes of specifying how medical practitioners may be registered in the Specialist Division of the Register of Medical Practitioners (“the Register”). These rules must be read in conjunction with the Generic Rules for Registration in the Register of Medical Practitioners.

D.1. Registration in the Specialist Division of the Register will be known as “specialist registration” for the purposes of distinguishing between registration in the Trainee Specialist Division, General Division or Visiting EEA Practitioners Division of the Register.

D.2. Eligibility

D.2. (i) In order to be eligible to apply for specialist registration, a medical practitioner must either be entitled to recognition of their specialist training under EU Directive 2005/36/EC by meeting the criteria under categories B to D; or meet the criteria under category A or E.

Category A: Graduates of higher specialist training programmes supervised by postgraduate training body/ies recognised by the Medical Council under section 89(3)(a)(ii) of the Act (“recognised postgraduate training body/ies”) who have completed satisfactorily higher specialist training and been awarded a Certificate of Satisfactory Completion of Specialist Training (“CSCST”) by that training body.

Category B: Graduates of higher specialist training programmes supervised by postgraduate training bodies in Member States who have been awarded a Certificate of Specialist Training which meets the requirements of EU Directive 2005/36/EC.

Category C: Graduates of higher specialist training programmes in Member States who have been awarded a Certificate of Acquired Rights in specialised medicine which meets the requirements of EU Directive 2005/36/EC.

Category D: Graduates of higher specialist training programmes completed in a Third Country who have been awarded a Certificate of Specialist Training / Acquired Rights and/or are established and recognised as a specialist by the competent authority of a Member State and have the same rights as specialists who have trained in that member state under EU Directive 2005/36/EC and have lawfully practised medicine for at least the required period specified in the Directive. In any case, Article 3(3) of EU Directive 2005/36/EC will apply.

Category E: Medical practitioners who do not meet any of the above criteria but who meet the criteria under section 47(1)(a) and/or 47(1)(f) of the Act.

D.2. (ii) Applicants who are nationals of a Third Country and are eligible to apply for specialist registration shall be required to pass or may be exempted from a Medical Council-recognised English Language Test to the level required by the Medical Council. The test score will expire two years from the date the test was taken and must be valid on the date of application. Exemption from the English Language test requirement may be granted at the Medical Council’s discretion in the manner set out by the Medical Council.

D.2. (iii) The onus is on the applicant to provide sufficient documentation and information in a timely manner and in a format required by the Medical Council and/or the relevant recognised postgraduate training body and to cooperate with the recognised postgraduate training body, so that it may advise the Medical Council on the basis of the information before it. If the applicant fails to provide sufficient documentation or information to adequately assess their application or fails to do so in a timely manner, the Medical Council will declare their application invalid and the application fee paid will be forfeited.

D.3. Refusal

D.3. (i) If an applicant under Category A, B, C or D at paragraph D.2. (i) above is deemed ineligible under that category, the applicant may request that their application be sent to the relevant recognised postgraduate training body for assessment of their training and experience in a specialty recognised by the Council under section 89(1) of the Act. The applicant may be required to provide further documentation to facilitate such an assessment prior to their application being referred to the relevant recognised postgraduate training body.

D.3. (ii) Any applicant refused specialist registration following assessment by the relevant recognised postgraduate training body will receive formal written notification of the further training and experience they are required to undertake and provide evidence of having undertaken before their application for specialist registration may be re-submitted.

D.3. (iii) Any applicant refused specialist registration may, on request, be entered in another appropriate division of the Register, if deemed eligible on compliance with the application requirements and on payment of the appropriate fee.

DOCUMENT E

RULES FOR REGISTRATION IN THE GENERAL DIVISION OF THE REGISTER OF MEDICAL PRACTITIONERS TO BE ESTABLISHED PURSUANT TO THE MEDICAL PRACTITIONERS ACT 2007

These rules are made pursuant to the provisions of sections 11 and 46 of the Medical Practitioners Act, 2007 (“the Act”) and Medical Council policy, for the purpose of specifying how medical practitioners may be registered in the General Division of the Register of Medical Practitioners (“the Register”). These rules must be read in conjunction with the Generic Rules for Registration in the Register of Medical Practitioners.

E.1. Registration in the General Division will be known as “general registration” for the purposes of distinguishing between registration in the Specialist Division, Trainee Specialist Division or Visiting EEA Practitioners Division of the Register.

E.2. Eligibility

E.2. (i) In order to be eligible to apply for general registration, a medical practitioner must either be entitled to recognition of their professional qualifications under the Act and/or EU Directive 2005/36/EC by meeting the criteria under categories 1 or 2; or meet the criteria under categories 3 or 4.

Category 1: Graduates of approved medical schools within the State who have completed satisfactorily internship training in accordance with Medical Council policy on internship training.

Category 2: Nationals of a Member State who do not meet the eligibility requirements for Category 1 and have been awarded a formal qualification in basic medical training recognised by the Medical Council under EU Directive 2005/36/EC and possess the required accompanying certificate (if any) listed in the aforementioned EU Directive 2005/36/EC as a requirement for formal qualification within the meaning of the Directive or have completed satisfactorily internship training in accordance with Medical Council policy and been awarded a document which, in the opinion of the Council, is at least the equivalent of a certificate of experience; or possess a Certificate of Acquired Rights.

Category 3: Nationals of a Third Country who have been awarded a formal qualification in basic medical training that would be recognised by the Medical Council under EU Directive 2005/36/EC if they were nationals of a Member State and who possess the required accompanying certificate (if any) referred to in the Directive as a requirement for formal qualification within the meaning of the aforementioned Directive; or have completed satisfactorily internship training in accordance with Medical Council policy on internship training and been awarded a certificate of experience or equivalent; or possess a Certificate of Acquired Rights.

Category 4: Medical Practitioners not listed in any of the above categories who have completed satisfactorily internship training in accordance with Medical Council policy and been awarded a certificate of experience or equivalent or graduates of medical schools who are entitled to have their qualifications assessed under the general system for the recognition of evidence of training under EU Directive 2005/36/EC; and who hold full registration (or equivalent) with the relevant competent authority in another jurisdiction outside the State.

E.2. (ii) Applicants who are eligible to apply for general registration by virtue of meeting the criteria under Category 4 only above, unless previously registered with the Medical Council within the State, shall be required to pass a pre-registration examination specified for the purposes of section 46(b)(i) of the Act or satisfy the criteria for exemption from the examination specified for the purposes of section 46(b)(ii) of the Act in order to become eligible for general registration. Exemption from a pre-registration examination may be granted at the Medical Council’s discretion in the manner set out by the Medical Council. Candidates will normally be allowed a maximum of three attempts to pass a specified pre-registration examination, or any part thereof. Further attempts at completing the pre-registration examination will be at the discretion of the Council.

E.2. (iii) Medical practitioners who are eligible to apply for general registration by virtue of meeting the criteria under Category 3 or 4 only above, may be required to pass or be exempted from a Medical Council-recognised English Language Test to the level required by the Medical Council. The test score will expire two years from the date the test was taken and must be valid on the date the applicant is declared eligible to sit or be exempted from a specified pre-registration examination. Exemption from the English Language Test may be granted at the Medical Council’s discretion in the manner set out by the Medical Council.

DOCUMENT F

RULES FOR REGISTRATION IN THE VISITING EEA PRACTITIONERS DIVISION OF THE REGISTER OF MEDICAL PRACTITIONERS TO BE ESTABLISHED PURSUANT TO THE MEDICAL PRACTITIONERS ACT 2007

These rules are made pursuant to the provisions of sections 11 and 50 of the Medical Practitioners Act 2007 (“the Act”), for the purpose of specifying how medical practitioners may be registered as a Visiting EEA practitioner in the Register of Medical Practitioners (“the Register”).

F.1. Registration in the Visiting EEA Practitioners Division will be known as “visiting EEA registration” for the purposes of distinguishing from registration in the General, Specialist and/or Trainee Specialist Divisions of the Register.

F.2. Eligibility

In order to be eligible to apply for visiting EEA registration a medical practitioner must:

F.2. (i) be a national of a Member State;

F.2. (ii) be currently lawfully established to practise medicine with the competent authority in another Member State

F.2. (iii) hold a basic medical qualification recognised by the Medical Council for the purposes of registration within the State and (where applicable) a higher specialist qualification; and

F.2. (iv) be in good professional standing with all competent authority/ies in whose jurisdiction the medical practitioner has practised medicine in the last five years.

F.3. Registration

F.3. (i) With the exception of emergency situations, an application for visiting EEA registration must be made in advance and must be supported by the following documents:

(a) a completed Declaration Form, in the format specified by the Medical Council, in accordance with Article 7 of EU Directive 2005/36/EC;

(b) satisfactory evidence that they are a national of a Member State;

(c) Certificate of Current Professional Status/Good Standing, dated within the last three months, sent directly from all competent authority/ies with whom the applicant has been registered within the last five years;

(d) notarised/attested copy evidence of basic medical qualification (unless the Certificate of Current Professional Status/Good Standing clearly displays their basic medical qualification);

(e) notarised/attested copy of relevant certificate(s) confirming the applicant’s higher specialist qualification(s), if relevant.

F.3. (ii) Each application for Visiting EEA registration will be dealt with on a case by case basis, in particular in relation to its duration, frequency, regularity and continuity.

F.3. (iii) The Medical Council may contact any third party to verify details for each provision of service.

F.3. (iv) All eligible medical practitioners who are granted visiting EEA registration will be assigned a registration number which must be cited on all or any prescriptions, reports and documents issued.

F.3. (v) If registration is granted, the medical practitioner will be issued with a Certificate of Registration which will display their registered name, qualifications and year of conferral, registration number, registered address, division of the Register in which the medical practitioner’s name is included and registration status including, at the Medical Council’s discretion, any terms or conditions attached to their registration and/or the medical practitioner’s registration history.

F.3. (vi) Medical practitioners granted Visiting EEA Registration will be subject to Medical Council rules and disciplinary procedures while practising within the State.

F.3. (vii) If the service is to be provided by the applicant on an annual basis, the declaration referred to at paragraph F.3. (i)(a) above must be renewed annually, in writing.

F.3. (viii) The Medical Council will examine the documentation and information submitted in support of an application and advise the applicant within a maximum of one month either of its decision not to check their qualifications or of the outcome of such check. Where there is a difficulty which would result in a delay, the applicant will be advised within a maximum of one month of receipt of the completed application of the reason for the delay and the timescale for a decision, which will then be made within a maximum of two months of receipt of the completed application.

F.3. (ix) In emergency situations, the applicant must advise the Medical Council they are/were attending on an emergency basis, the nature of that emergency and the documentation detailed at paragraph F.3. (i) above must be provided retrospectively within 15 days of the service being provided.

F.3. (x) A medical practitioner holding visiting EEA registration cannot practise medicine outside the service for which they have been registered.

F.3 (xi) If an applicant provides documentation in support of an application for registration which is later found to be a forgery, the applicant will be refused registration.

F.4. Review of a decision to refuse registration

F.4. (i) All applicants who are refused visiting EEA registration in the first instance by a Committee, or other person or persons authorised to do so by the Medical Council, may submit a written request that the decision be reviewed at a hearing before a select panel of Medical Council and/or other relevant representatives prior to a final decision being made on their application. The written request must state the grounds for a review of the decision.

F.4. (ii) A formal written report of the review hearing will be prepared by the panel and will be provided to the applicant. The applicant may subsequently make a formal written submission to the Council for consideration prior to a final decision being made on their application.

F.4. (iii) Following review, a final decision will be made by the Council at the next available opportunity. With the exception of those Council Members who have previously considered the application, the Council will consider the report of the panel and any subsequent submissions by the applicant and/or their legal and/or other representative(s) prior to making a decision to endorse or overturn the original decision to refuse the applicant registration.

THESE RULES COMMENCED ON THE 16TH DAY OF MARCH 2009 AND WERE AMENDED ON THE 29TH DAY OF OCTOBER 2009

GIVEN under the Official Seal of the Council,

29 October 2009.

PROFESSOR KIERAN MURPHY,

President.

JOHN LAMONT,

Chief Executive Officer.

EXPLANATORY NOTE

This note is not part of the Rules and does not purport to be a legal interpretation of the Rules.

The definition of EU Directive 2005/36/EC of the European Parliament and of the Council which is provided for in section 2 of the Medical Practitioners Act 2007 includes the amendment of that Directive by Council Directive 2006/100/EC.

In this document, the provisions of section (2) of the Medical Practitioners Act 2007 will apply except where the context otherwise requires.

In this document, the provisions of Article 3 and other relevant definitions contained within EU Directive 2005/36/EC will apply except where the context otherwise requires.

Any reference to the Medical Practitioners Act 2007 includes the amendment of that Act by the Health (Miscellaneous Provisions) Act 2007 and any subsequent amendments.

These rules were adopted by the Medical Council on 15th January 2009, commenced on 16th March 2009 and amended on 29th October 2009.