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4 1978

MEDICAL PRACTITIONERS ACT, 1978

PART III

Registration

Establishment of the register.

26. —(1) As soon as may be after the establishment of the Council the Council shall prepare and establish a register of medical practitioners (in this Act referred to as the register) to be known as the General Register of Medical Practitioners.

(2) The register shall be in such form as the Council shall specify and shall indicate whether each person whose name is registered therein is fully registered, provisionally registered or temporarily registered.

(3) Every person whose name is entered in the register shall, as soon as may be after his registration has been completed, be sent by the Council a certificate stating that his name has been entered in the register.

(4) Every person whose name is entered in the register shall, as soon as may be after he has received the certificate specified in subsection (3) of this section, cause the said certificate to be displayed at the place where he conducts the practice of medicine at all times during which his registration continues and at no other time.

(5) Notwithstanding the repeal of the Medical Praticitioners Act, 1927, effected by this Act, the Register of Medical Practitioners prepared and established by the Medical Registration Council under that Act shall be maintained and kept by the Council until such time as the Council prepares and establishes the register pursuant to subsection (1) of this section and the Register of Medical Practitioners shall until that time be deemed, for the purposes of this Act, to be the register.

Persons entitled to be registered in the register.

27. —(1) Subject to the provisions of this Act, every person whose name, at the date of the establishment of the register, is entered in the Register of Medical Practitioners maintained by the Medical Registration Council pursuant to the Medical Practitioners Acts, 1927 to 1961, shall be registered in the register.

(2) Any person who—

(a) immediately before the establishment of the register was entitled to be registered in accordance with the Medical Practitioners Acts, 1927 to 1961, and was not so registered, or

(b) following the establishment of the register, is awarded any of the primary qualifications specified in the Fourth Schedule to this Act, or

(c) is a national of a Member State and has been awarded a qualification in medicine by a competent body or authority designated for that purpose by a Member State, pursuant to any Directive adopted by the Council of the European Communities, or

(d) satisfies the Council that he has undergone such courses of training and passed such examinations as are specified for the purposes of this section in rules made by the Council, or

(e) any person entitled to be registered pursuant to an order made under section 26 of the Medical Practitioners Act, 1927,

shall, on making application in the form and manner determined by the Council and on payment of the appropriate fee, be registered in the register.

(3) Nothing in this section shall operate to prevent the Council from refusing to register the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of medicine.

(4) On making a decision under subsection (3) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(5) A person to whom a decision under subsection (3) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies, the High Court, on the hearing of the application may either—

(a) declare that it was proper for the Council to make the decision, or

(b) cancel the decision and direct the Council to register the name of the person making the application.

Provisional registration.

28. —(1) A person who has been awarded a primary qualification shall not become registered in the register otherwise than by way of provisional registration, unless he has been granted a certificate of experience by the body which awarded him that primary qualification.

(2) A certificate of experience shall not be granted to any person for the purposes of subsection (1) of this section unless, after he had been awarded a primary qualification, that person had been engaged in employment in a residential medical capacity in one or more hospitals approved by the Council for this purpose and had been so engaged for such period or periods as may be determined by the Council.

(3) In this section “employment in a residential medical capacity” means employment in the practice of medicine where the person in question is resident in a hospital where he is employed or conveniently near thereto, and he is, by the terms of his employment, required to be so resident.

Temporary registration.

29. —(1) Where the Council is satisfied—

(a) that a person, who is not otherwise entitled to registration, is or intends to be in the State temporarily for the purpose of employment in the practice of medicine in a hospital approved of by the Council for the purposes of this section, and

(b) that such person holds a degree, diploma or other qualification which in the opinion of the Council, affords sufficient guarantee that he has the requisite knowledge and skill for the efficient practice of medicine, has passed an examination appropriate for obtaining such degree, diploma or other qualification and possesses a certificate of experience considered by the Council to be equivalent to that required for formal qualification, the Council may, subject to subsection (2) of this section, and upon such person's making application in the form and manner determined by the Council and on payment of the appropriate fee, temporarily register such person in the register for such period as the Council may determine.

(2) The Council may extend a period determined under subsection (1) of this section for such further period or periods as the Council may determine, provided that the aggregate of such periods shall not exceed five years.

The Register of Medical Specialists.

30. —The Council may, with the consent of the Minister, prepare and establish a register to be known as the Register of Medical Specialists containing therein a division in respect of each specialty from time to time recognised by the Council pursuant to section 38 of this Act.

Persons entitled to be registered in the Register of Medical Specialists.

31. —(1) Subject to the provisions of this Act, the following persons, who comply with the conditions specified in subsection (2) of this section, shall be entitled to be registered in the Register of Medical Specialists, that is to say—

(a) every registered medical practitioner who, prior to the establishment of that register, has, in the opinion of the Council, completed his specialist training in a specialty recognised by the Council pursuant to section 38 (1) of this Act,

(b) every registered medical practitioner who following the establishment of that register, is granted evidence of satisfactory completion of specialist training by a body recognised by the Council pursuant to section 38 (3) of this Act,

(c) every national of a Member State who possesses a diploma, certificate or other evidence of formal qualification in specialised medicine recognised by the Council and awarded by a competent body or authority designated for that purpose by a Member State, pursuant to any Directive adopted by the Council of the European Communities, and

(d) any person who satisfies the Council that he has completed a programme of training in specialised medicine of a standard considered by the Council to be adequate.

(2) Before any person is registered in the Register of Medical Specialists, he shall—

(a) be fully registered in the register,

(b) apply for registration in the Register of Medical Specialists in the form and manner determined by the Council, and

(c) pay such fee as may be determined by the Council including, if he applies for registration in more than one division of the Register of Medical Specialists, a separate fee in respect of each such registration.

(3) Nothing in this section shall operate to prevent the Council from refusing to register the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of medicine.

(4) On making a decision under subsection (3) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(5) A person to whom a decision under subsection (3) of this section relates, may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies, the High Court, on the hearing of the application may either—

(a) declare that it was proper for the Council to make the decision, or

(b) cancel the decision and direct the Council to register the name of the person making the application.

Registration of additional degrees and diplomas.

32. —(1) Subject to subsection (2) of this section, any person, who is registered in the register, may at any time after his first registration, apply in the manner and form determined by the Council to have a further qualification entered in the register in addition to his qualifications already entered therein.

(2) The Council shall determine the qualifications not being qualifications required for the purpose of registration, which, on application by any person registered in the register and on payment of the appropriate fee, may be entered in the register as additional qualifications.

(3) Whenever, on an application by any registered medical practitioner, the Council decides to enter in the register, pursuant to this section, any additional qualification in respect of that medical practitioner, the Council shall, as soon as may be after the registration has been completed, send to that medical practitioner a certificate stating that such additional qualification has been entered in the register.

Application by registered medical practitioner to have his name removed from register.

33. —(1) Any registered medical practitioner may apply to the Council to have his name removed from any register maintained by the Council in which his name is registered and, on receipt of such application and on payment of the appropriate fee, the Council may remove the name of the registered medical practitioner from any such register.

(2) Any person, whose name has been removed pursuant to subsection (1) of this section from any register maintained by the Council, may, at any time, apply to the Council to have his name restored to such register, and, subject to the provisions of this Act and on payment of the appropriate fee, the Council may restore the name of that person to any register from which it has been so removed.

(3) In any case where a registered medical practitioner applies to the Council pursuant to this section to have his name removed from any register maintained by the Council and—

(a) an application has been made pursuant to section 45 of this Act for an inquiry into the conduct of that registered medical practitioner, or

(b) that registered medical practitioner has been convicted in the State of an offence triable on indictment or has been convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

the Council shall not consider the application by that registered medical practitioner to have his name so removed until such time as the Council has decided whether or not the name of such registered medical practitioner should be erased from any such register pursuant to the provisions of this Act.

(4) Nothing in this section shall operate to prevent the Council from refusing to restore the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of medicine.

(5) On making a decision under subsection (4) of this section, the Council shall forthwith send by pre-paid post to the person to whom the decision relates a notice in writing stating the decision, the date thereof and the reasons therefor.

(6) A person to whom a decision under subsection (4) of this section relates may, within the period of two months, beginning on the date of the decision, apply to the High Court for cancellation of the decision and if he so applies, the High Court, on the hearing of the application may either—

(a) declare that it was proper for the Council to make the decision, or

(b) cancel the decision and direct the Council to restore the name of the person making the application.

Correction of any register.

34. —(1) For the purpose of keeping any register correct the Council shall from time to time as occasion requires correct all verbal or clerical errors in such register, remove therefrom all entries therein procured by fraud or misrepresentation, enter in any register every change which comes to their knowledge in the addresses of the persons registered therein, and remove from any register the names of all persons whose death has either been notified to, or come to the knowledge of, the Council.

(2) Whenever the Council takes any action pursuant to subsection (1) of this section for the purposes of keeping any register correct, the Council shall forthwith notify the person concerned, or his next of kin, as the case may be, of the action taken and of the reasons therefor.