S.I. No. 417/2011 - Medical Council Registration Rules.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th August, 2011.

REGISTRATION RULES

These rules are made pursuant to the provisions of section 11 of the Medical Practitioners Act, 2007 (“the Act”).

GENERAL DIVISION — PURSUANT TO SECTION 46 OF THE ACT (“general registration”)

1. The examination referred to in section 46(b)(i) of the Act is the Pre-Registration Examination System (“the PRES”).

2. The grounds referred to in section 46(b)(ii) of the Act are as follows:

(a) medical practitioners who have been awarded a qualification arising from the satisfactory completion of a programme of basic medical education and training approved under section 88(2)(a)(i)(I) of the Act and who have been awarded a certificate of experience within the meaning of section 49(2) of the Act;

(b) medical practitioners who would have met the requirements of section 46(b)(iii) of the Act if they were a national of a Member State.

(c) medical practitioners who:

i.have been awarded a postgraduate qualification which in the opinion of the Council is at least equivalent to one or more of the qualifications set out in Appendix A hereto and

ii.have completed an internship of a minimum of one year supervised practise (to include at least three months in medicine and three months in surgery) or completed a minimum of three years in an accredited training programme.

(d) medical practitioners who either

i.were registered on the General Register of Medical Practitioners under section 27 (full registration) or 29 (temporary registration) of the Medical Practitioners Act 1978 or

ii.passed Part II of the Temporary Registration Assessment Scheme (“TRAS”) in or after May 2008,

provided that the applicant can provide documentary evidence which in opinion of the Council is adequate to prove that the applicant has been sufficiently engaged in practice since he/she held registration or passed the TRAS.

3. Pursuant to section 46(b)(iv) of the Act, the Council shall determine a document to be the equivalent of a certificate of experience if it:

(a) meets the standards published by the Council pursuant to section 88(3)(d) of the Act; and

(b) meets the criteria set out in Rule 2 of the Rules made pursuant to the provisions of section 11 and 88(3)(a) of the Act; and

(c) has been awarded to a medical practitioner following a period of employment in a hospital, health institution, clinic, general medical practice or other health service setting which provides, in the opinion of the Council, an equivalent standard of training to those hospitals, health institutions, clinics, general medical practices or other health service settings as are specified under the provisions of section 49(3)(a) of the Act.

SPECIALIST DIVISION — PURSUANT TO SECTION 47 OF THE ACT (“specialist registration”)

4. For the purposes of section 47(1)(a) of the Act, the Council shall consider any medical practitioner who satisfies the provisions of section 47(1) subparagraph (b), (c), (d), (e) or (f) of the Act to be a person who has completed specialist training in a medical specialty recognised by the Council.

5. The criteria to be applied to medical practitioners under section 47(1) subparagraphs (b), (c), (d) or (e) of the Act shall be the criteria set out in those subparagraphs and the Council shall consider applications under sections 47(1) subparagraphs (c), (d) and (e) of the Act in accordance with the procedures outlined in EU Directive 2005/36/EC and SI 139/2008.

6. The Council will be satisfied that a medical practitioner has achieved a standard which is adequate for the purposes of registration in the Specialist Division under section 47(1) subparagraph (f) of the Act if:

(a) the Council determines the programme of training completed and experience in specialised medicine acquired by the medical practitioner to be of a standard equivalent to that which would have caused a body referred to in section 47(1)(b) of the Act to have granted evidence of satisfactory completion of specialist training; or

(b) the medical practitioner is a third country national who possesses a degree, diploma or other evidence of formal qualification in specialised medicine or a certificate of acquired rights in specialised medicine who would be entitled to recognition under section 47(1) subparagraphs (c), (d) or (e) if he were a national of the State or a Member State.

7. Any applicant for registration in the Specialist Division who does not meet the criteria set out in Rules 4, 5, or 6 above and who has completed a programme of specialist training mainly outside the State shall have their application for registration considered in accordance with the general system for the recognition of evidence of specialist training set out in EU Directive 2005/36/EC.

TRAINEE SPECIALIST DIVISION — PURSUANT TO SECTION 48 OF THE ACT (“trainee specialist registration”)

8. The provisions of Rule 3 above will apply to sections 48(2)(c) and 48(3)(c) of the Act.

9. The examination referred to in sections 48(3)(a)(i) and 48(4)(a)(i) of the Act is the Pre-Registration Examination System (“the PRES”).

10. The grounds for exemption referred to in sections 48(3)(a)(ii) and 48(4)(a)(ii) of the Act are as follows:

(a) medical practitioners who were registered on the General Register of Medical Practitioners under section 27 (full registration) or 29 (temporary registration) of the Medical Practitioners Act 1978 ;

(b) medical practitioners who have passed Part II of the Temporary Registration Assessment Scheme (“TRAS”) within the past three years;

(c) medical practitioners who have been awarded a postgraduate qualification as set out in Appendix A by a body recognised under section 89(3)(a)(ii) of the Act or a postgraduate qualification which is, in the opinion of the Council, equivalent to such postgraduate qualification;

(d) a medical practitioner shall be exempt from the PRES if they have been accepted into a higher specialist training programme in Ireland, accredited by the Medical Council by virtue of meeting criteria as identified by the Medical Council in guidelines.

INTERNSHIP REGISTRATION IN THE TRAINEE SPECIALIST DIVISION — PURSUANT TO SECTION 49 OF THE ACT (“internship registration”)

11. The period or periods referred to in section 49(3) of the Act are those set out in Rule 2 of the Rules made by Council pursuant to the provisions of sections 11 and 88(3)(a) of the Act; and

12. The health service settings referred to in section 49(3)(a) of the Act shall be a health service setting or settings in which medical practitioners occupy intern training posts approved by the Medical Council under section 88(3)(a) of the Act.

The following are revoked:

1. Medical Council Registration Rules commenced on 1st January 2011 ( SI No. 688 of 2010 .

THESE RULES COMMENCE ON THE 22nd DAY OF JUNE 2011

GIVEN under the Official Seal of the Council,

22 June 2011.

PROFESSOR KIERAN MURPHY,

President.

CAROLINE SPILLANE,

Chief Executive Officer.

APPENDIX A

EXPLANATORY MEMORANDUM

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

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.

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 and any subsequent amendments.

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.

These rules were adopted by the Medical Council and will commence on 22nd June 2011.