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Number 16 of 2020
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REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement
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2. Repeals
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PART 2
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Amendment of Dentists Act 1985
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3. Definition
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4. Amendment of section 2 of Act of 1985
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5. Amendment of section 13 of Act of 1985
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6. Amendment of section 25 of Act of 1985
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7. Council’s power to make rules
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8. Amendment of Act of 1985 - insertion of sections 26A to 26F
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9. Amendment of section 32 of Act of 1985
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10. Declarations by registered dentists in relation to certain matters in State or other jurisdictions, etc.
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11. Council may request certain information concerning registered dentists from certain bodies in State or other jurisdictions
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12. Amendment of section 38 of Act of 1985
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13. Amendment of section 39 of Act of 1985
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14. Amendment of section 40 of Act of 1985
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15. Amendment of section 41 of Act of 1985
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16. Amendment of section 42 of Act of 1985
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17. Amendment of section 44 of Act of 1985
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18. Amendment of section 47 of Act of 1985
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19. Information Council may publish in public interest
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20. Amendment of section 53 of Act of 1985
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21. Amendment of section 58 of Act of 1985
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22. Admissibility of certain documents relating to proceedings in State or other jurisdictions
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23. Amendment of Act of 1985 - insertion of sections 70 and 71
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PART 3
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Amendment of Health and Social Care Professionals Act 2005
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24. Definition
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25. Amendment of section 3 of Act of 2005
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26. Amendment of section 10 of Act of 2005
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27. Amendment of section 27 of Act of 2005
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28. Amendment of section 31 of Act of 2005
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29. Amendment of section 38 of Act of 2005
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30. Amendment of section 40 of Act of 2005
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31. Amendment of section 40A of Act of 2005
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32. Declarations by registrants in relation to certain matters in State or other jurisdictions, etc.
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33. Amendment of section 45 of Act of 2005
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34. Council may request certain information concerning registrant from certain bodies in State or other jurisdictions
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35. Amendment of section 50 of Act of 2005
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36. Amendment of section 52 of Act of 2005
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37. Amendment of section 53 of Act of 2005
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38. Amendment of section 60 of Act of 2005
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39. Steps to be taken by Council after receiving report
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40. Direction by Council to impose disciplinary sanction
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41. Amendment of section 67 of Act of 2005
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42. Amendment of section 68 of Act of 2005
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43. Amendment of section 69 of Act of 2005
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44. Amendment of section 70 of Act of 2005
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45. Amendment of section 76 of Act of 2005
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46. Amendment of section 77 of Act of 2005
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47. Amendment of section 78 of Act of 2005
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48. Information Council may publish in public interest
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49. Notifications under Act
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50. Amendment of Act of 2005 - insertion of sections 99 and 100
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PART 4
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Amendment of Pharmacy Act 2007
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51. Definition
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52. Amendment of section 2 of Act of 2007
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53. Amendment of section 7 of Act of 2007
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54. Amendment of section 11 of Act of 2007
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55. Amendment of section 14 of Act of 2007
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56. Amendment of section 16 of Act of 2007
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57. Amendment of section 19 of Act of 2007
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58. Amendment of Act of 2007 - insertion of sections 21B and 21C
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59. Council may request certain information concerning registered pharmacists from certain bodies in State or other jurisdictions
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60. Amendment of section 34 of Act of 2007
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61. Amendment of section 35 of Act of 2007
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62. Amendment of section 36 of Act of 2007
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63. Amendment of section 45 of Act of 2007
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64. Amendment of section 46 of Act of 2007
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65. Amendment of section 48 of Act of 2007
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66. Amendment of section 49 of Act of 2007
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67. Amendment of section 50 of Act of 2007
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68. Amendment of section 51 of Act of 2007
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69. Amendment of section 52 of Act of 2007
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70. Amendment of section 56 of Act of 2007
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71. Amendment of section 57 of Act of 2007
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72. Amendment of section 63 of Act of 2007
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73. Amendment of section 66 of Act of 2007
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74. Amendment of section 67 of Act of 2007
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75. Amendment of section 70 of Act of 2007
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76. Amendment of Act of 2007 - insertion of sections 78 and 79
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PART 5
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Amendment of Medical Practitioners Act 2007
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77. Definition
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78. Amendment of section 2 of Act of 2007
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79. Amendment of section 7 of Act of 2007
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80. Amendment of section 8 of Act of 2007
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81. Amendment of section 11 of Act of 2007
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82. Amendment of section 12 of Act of 2007
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83. Amendment of section 17 of Act of 2007
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84. Amendment of section 20 of Act of 2007
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85. Amendment of section 23 of Act of 2007
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86. Amendment of section 24 of Act of 2007
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87. Amendment of section 36 of Act of 2007
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88. Registration of interns
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89. Registration of adapters
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90. Prohibition against practice of medicine by persons other than registered medical practitioners, etc.
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91. Amendment of section 38 of Act of 2007
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92. Circumstances in which persons may practise medicine
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93. Amendment of section 41 of Act of 2007
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94. Amendment of section 42 of Act of 2007
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95. Amendment of section 43 of Act of 2007
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96. Amendment of Act of 2007 - insertion of sections 44A to 44C
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97. Application for registration (other than in Supervised Division)
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98. Medical practitioners to be registered in General Division
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99. Medical practitioners to be registered in Specialist Division
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100. Medical practitioners to be registered in Trainee Specialist Division
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101. Application for and registration of medical practitioners in Supervised Division
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102. Amendment of section 52 of Act of 2007
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103. Conditions attached to registration
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104. Appeal to Court against certain decisions of Council
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105. Declarations by registered medical practitioners, etc. in relation to certain matters in State or other jurisdictions, etc.
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106. Amendment of section 55 of Act of 2007
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107. Council may request certain information concerning medical practitioners, etc., from certain bodies in State or other jurisdictions
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108. Application of Parts 7, 8 and 9 to interns and adapters
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109. Amendment of section 57 of Act of 2007
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110. Amendment of section 58 of Act of 2007
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111. Investigation of complaints
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112. Amendment of section 59 of Act of 2007
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113. Undertakings and consents
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114. Amendment of section 60 of Act of 2007
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115. Amendment of section 61 of Act of 2007
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116. Amendment of section 63 of Act of 2007
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117. Fitness to Practise Committee may order that certain information not be published
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118. Amendment of section 67 of Act of 2007
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119. Amendment of section 68 of Act of 2007
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120. Amendment of section 69 of Act of 2007
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121. Steps to be taken by Council after receiving report
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122. Measures to be taken by Council after receiving report referred to in section 59A(2)(c)
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123. Duty of Council to decide on appropriate measures to be taken
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124. Amendment of section 71A of Act of 2007
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125. Amendment of section 72 of Act of 2007
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126. Amendment of section 72A of Act of 2007
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127. Amendment of section 73 of Act of 2007
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128. Amendment of section 74 of Act of 2007
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129. Amendment of section 75 of Act of 2007
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130. Amendment of section 76 of Act of 2007
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131. Amendment of section 84 of Act of 2007
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132. Amendment of section 85 of Act of 2007
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133. Amendment of section 86 of Act of 2007
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134. Amendment of section 88 of Act of 2007
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135. Amendment of section 89 of Act of 2007
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136. Amendment of section 91 of Act of 2007
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137. Amendment of section 94 of Act of 2007
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138. Amendment of section 104 of Act of 2007
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139. Amendment of section 105 of Act of 2007
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140. Amendment of Act of 2007 - insertion of sections 105A and 105B
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141. Amendment of section 107 of Act of 2007
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142. Notifications under Act
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PART 6
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Amendment of Nurses and Midwives Act 2011
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143. Definition
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144. Amendment of section 2 of Act of 2011
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145. Amendment of section 13 of Act of 2011
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146. Amendment of section 24 of Act of 2011
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147. Amendment of section 28 of Act of 2011
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148. Amendment of section 38 of Act of 2011
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149. Amendment of section 44 of Act of 2011
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150. Amendment of section 48 of Act of 2011
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151. Amendment of section 50 of Act of 2011
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152. Conditions attached to registration
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153. Board may refuse to register on ground that nurse, etc., is not fit and proper person to practise nursing, etc.
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154. Appeal to Court against certain decisions of Board - nurses and midwives
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155. Appeal to Court against certain decisions of Board - candidates
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156. Declarations by registered nurses, etc., in relation to certain matters in State or other jurisdictions, etc.
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157. Amendment of section 53 of Act of 2011
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158. Board may request certain information concerning registered nurses, etc., from certain bodies in State or other jurisdictions
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159. Amendment of section 55 of Act of 2011
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160. Amendment of section 56 of Act of 2011
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161. Investigation of complaints
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162. Amendment of section 57 of Act of 2011
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163. Undertakings and consents
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164. Amendment of section 58 of Act of 2011
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165. Amendment of section 59 of Act of 2011
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166. Amendment of section 61 of Act of 2011
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167. Fitness to Practise Committee may order that certain information not be published
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168. Amendment of section 65 of Act of 2011
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169. Amendment of section 66 of Act of 2011
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170. Measures to be taken by Board after receiving report referred to in section 57A(2)(c)
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171. Amendment of section 70 of Act of 2011
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172. Amendment of section 71 of Act of 2011
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173. Amendment of section 72 of Act of 2011
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174. Amendment of section 73 of Act of 2011
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175. Amendment of section 74 of Act of 2011
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176. Amendment of section 77 of Act of 2011
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177. Amendment of section 82 of Act of 2011
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178. Amendment of section 83 of Act of 2011
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179. Amendment of section 85 of Act of 2011
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180. Amendment of section 87 of Act of 2011
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181. Amendment of section 102 of Act of 2011
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182. Amendment of section 103 of Act of 2011
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183. Admissibility of certain documents relating to proceedings in other jurisdictions
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184. Amendment of section 105 of Act of 2011
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185. Notifications under Act
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PART 7
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Miscellaneous Amendments
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186. Amendment of section 62 of Health Act 1953
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187. Amendment of section 35 of Health Identifiers Act 2014
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188. Amendment of Children and Family Relationships Act 2015
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Acts Referred to
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Animal Remedies Acts 1993 and 2006
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Children and Family Relationships Act 2015
(No. 9)
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Companies Act 2014
(No. 38)
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Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
(No. 4)
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Data Protection Act 2018
(No. 7)
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Dentists Act 1928
(No. 25)
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Dentists Act 1985
(No. 9)
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Health (Pricing and Supply of Medical Goods) Act 2013
(No. 14)
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Health Act 1953
(No. 26)
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Health Act 2004
(No. 42)
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Health and Social Care Professionals (Amendment) Act 2017
(No. 32)
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Health and Social Care Professionals Act 2005
(No. 27)
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Health Identifiers Act 2014
(No. 15)
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Irish Medicines Boards Acts 1995 and 2006
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Medical Practitioners Act 2007
(No. 25)
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Misuse of Drugs Acts 1977 to 2017
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Nurses and Midwives Act 2011
(No. 41)
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Partnership Act 1890
(53 & 54 Vict., c. 39)
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Petty Sessions (Ireland) Act 1851
(14 & 15 Vict., c. 93)
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Pharmacy Act 2007
(No. 20)
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Poisons Acts 1961 and 1977
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Number 16 of 2020
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REGULATED PROFESSIONS (HEALTH AND SOCIAL CARE) (AMENDMENT) ACT 2020
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An Act to give further effect to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051
on the recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 20062
, Commission Regulation (EC) No. 1430/2007 of 5 December 20073
, Commission Regulation (EC) No. 755/2008 of 31 July 20084
, Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20085
, Commission Regulation (EC) No. 279/2009 of 6 April 20096
, Commission Regulation (EU) No. 213/2011 of 3 March 20117
, Act concerning the accession of the Republic of Croatia8
, Commission Regulation (EU) No. 623/2012 of 11 July 20129
, Council Directive 2013/25/EU of 13 May 201310
, Directive 2013/55/EU of the European Parliament and of the Council of 20 November 201311
and Commission Delegated Decision (EU) 2016/790 of 13 January 201612
and, for that purpose, to amend the
Dentists Act 1985
, the
Health and Social Care Professionals Act 2005
, the
Pharmacy Act 2007
, the
Medical Practitioners Act 2007
and the
Nurses and Midwives Act 2011
; to make provision for certain other amendments to those Acts; to make provision for certain amendments to the
Health Act 1953
, the
Health Identifiers Act 2014
and the
Children and Family Relationships Act 2015
; and to provide for related matters.
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[14th October, 2020]
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Be it enacted by the Oireachtas as follows:
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1 OJ No. L 255, 30.9.2005, p. 22
2 OJ No. L 363, 20.12.2006, p. 141
3 OJ No. L 320, 6.12.2007, p. 3
4 OJ No. L 205, 1.8.2008, p. 10
5 OJ No. L 311, 21.11.2008, p. 1
6 OJ No. L 93, 7.4.2009, p. 11
7 OJ No. L 59, 4.3.2011, p. 4
8 OJ No. L 112, 24.4.2012, p. 5
9 OJ No. L 180, 12.7.2012, p. 9
10 OJ No. L 158, 10.6.2013, p. 368
11 OJ No. L 354, 28.12.2013, p. 132
12 OJ No. L 134, 24.5.2016, p. 135 |
