No. 1/1955:

MEDICAL PRACTITIONERS ACT, 1955

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Extension of current term of office.

3 Temporary registration.

4 Effect of temporary registration, etc.

5 Registration of visiting postgraduate medical students.

6 Amendments of Principal Act.

7 Amendments Act of 1951.

8 Regulations.

9 Expenses of the Council.

10 Repeal.

11 Short title and collective citation.

ACT TO AMEND AND EXTEND THE MEDICAL PRACTITIONERS ACTS, 1927 AND 1951

[2nd March, 1955.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

"the Act of 1951" means the Medical Practitioners Act, 1951 (No. 29 of 1951);

"the Minister" means the Minister for Health;

"prescribed" means prescribed by regulations made by the Council;

"the Principal Act" means the Medical Practitioners Act, 1927 (No. 25 of 1927);

"temporary registration" means registration by virtue of section 3 of this Act, and "temporarily registered" shall be construed accordingly.

(2) The Principal Act, the Act of 1951 and this Act shall be construed together as one Act.

2.—Notwithstanding section 4 of the Principal Act, the term of office of the members of the Council which is current at the passing of this Act shall continue until the 31st day of December, 1957.

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

( a ) that a person is or intends to be in the State temporarily for the purpose of employment in the practice of medicine, surgery or midwifery in a hospital or other institution approved of by the Council for the purposes of this section, and

( b ) that such person holds a degree or diploma which, in the opinion of the Council, affords sufficient guarantee that he possesses the requisite knowledge and skill for the efficient practice of medicine, surgery and midwifery and passed the examination appropriate for obtaining such degree or diploma,

the Council may, upon such person's making the prescribed application and paying such fee as may be prescribed with the consent of the Minister, 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.

(3) A person temporarily registered shall cease to be so registered upon the termination of the employment for the purpose of which he was registered.

4.—(1) A person temporarily registered shall be deemed to be registered in the register so far as is necessary in order that the following provisions of The Principal Act, namely, sections 15, 22, 23, 28, 29, 30, 31, 33, 34, 35, 36 and subsection (2) of section 37, may be applicable in his case, but the said provisions shall be applicable only in relation to the employment for the purpose of which such person was registered and to anything done or omitted in the course of such employment, and such person shall, in relation to any other matter, be treated as if he were not registered in the register.

(2) Every person who, for the purpose of being temporarily registered, makes or procures or causes to be made or procured or aids or abets the making or procuring of any representation which to his knowledge is false or fraudulent shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to imprisonment for any term not exceeding twelve months.

(3) Every person who wilfully and falsely represents himself to be or holds himself out as being a person who is temporarily registered or uses any name, title, addition or description implying that he is so registered shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(4) The references in sections 22, 23, 28, 29, 30, 33, 34, 35 and 36 of The Principal Act to a person registered in the register shall be construed as including references to a person temporarily registered.

(5) The Council shall so exercise its powers of making regulations under section 19 of the Principal Act as to secure that persons temporarily registered shall be registered in a separate part of the register, and that where a person who is temporarily registered becomes registered otherwise than temporarily his name shall be removed from the separate part of the register.

(6) The Council may, if it thinks fit, in lieu of or in addition to including the separate part of the register referred to in subsection (5) of this section in the annual publication of the Medical Register of Ireland, cause a list of persons temporarily registered to be prepared at least once in each year.

(7) A list under subsection (6) of this section shall be prepared in the prescribed form and shall be compiled by reference to a date directed by the Council and specified in the list and the Council shall cause copies of the list to be available for purchase by any person on payment of the prescribed fee.

(8) A copy purporting to be a copy referred to in subsection (7) of this section which is for the time being the latest such copy shall be evidence in any court until the contrary is proved that every person whose name is entered therein is temporarily registered in accordance with this Act and that any person whose name is not entered therein is not so registered.

(9) A certificate purporting to be signed by the registrar and to certify that on a specified day or days or during the whole of a specified period a particular person was duly temporarily registered or that on a specified day or days or during the whole of a specified period a particular person was not temporarily registered or that on a specified day the name of a particular person was erased from the separate part of the register referred to in subsection (5) of this section shall, without proof of the signature of the person purporting to sign the certificate or that he was the registrar and notwithstanding any discrepancy between the certificate and any list under subsection (6) of this section or copy thereof, be conclusive evidence of the matters certified by the certificate.

(10) The form and mode of application for temporary registration and the evidence to be given by an applicant for temporary registration of his claim to be so registered shall be such as may be prescribed.

5.—(1) The Council may prepare and establish a register to be known as the Register of Visiting Postgraduate Medical Students

(2) Where the Council is satisfied—

( a ) that a person is or intends to be in the State for the purpose of obtaining a qualification (other than a qualifying diploma) in medicine, surgery or midwifery granted by any of the colleges or bodies mentioned in the Second Schedule to The Principal Act and

( b ) that such person holds a degree or diploma which, in the opinion of the Council, affords sufficient guarantee that he possesses the requisite knowledge and skill for the efficient practice of medicine, surgery and midwifery and passed the examination appropriate for obtaining such degree or diploma,

the Council may, upon such person's making the prescribed application and paying such fee as may be prescribed with the consent of the Minister, register such person in the Register of Visiting Postgraduate Medical Students.

(3) A person registered under this section shall cease to be so registered upon his obtaining the qualification in respect of which he was so registered or on such earlier date as may be determined by the Council at its discretion.

(4) Sections 15 and 22 and subsection (2) of section 37 of the Principal Act shall apply in relation to the Register of Visiting Postgraduate Medical Students in like manner as these provisions apply in relation to the Register of Medical Practitioners.

(5) The name of a person registered in the Register of Visiting Postgraduate Medical Students shall be deemed to be included in the Register of Medical Practitioners for the purposes of any requirement of the college or body granting the qualification in respect of which he was registered in the Register of Visiting Postgraduate Medical Students and for no other purpose.

6.—(1) Subsection (2) of section 14 of the Principal Act is hereby amended by the deletion of "with the approval of the Minister and the consent of the Minister for Finance".

(2) section 17 of the Principal Act is hereby amended—

( a ) by the insertion after "meetings" of "and at meetings of its committees"; and

( b ) by the deletion of "with the approval of the Minister and the consent of the Minister for Finance".

(3) section 19 of the Principal Act is hereby amended—

( a ) by the deletion in paragraph (c) of "with the approval of the Minister";

( b ) by the insertion after "Act" in paragraph (f) of "and with the approval of the Minister"; and

( c ) by the deletion in paragraph (g) of "with the approval of the Minister".

(4) Subsection (5) of section 21 of the Principal Act is hereby amended by the deletion of "with the approval of the Minister".

(5) The reference to "the General Council" contained in subsection (3) of section 25 and in section 29 of the Principal Act and the references to "the General Medical Council" contained in paragraph ( d ) of Article 4 and in Article 6 of the Agreement set forth in the First Schedule to The Principal Act shall be construed as including references to the Medical Disciplinary Committee constituted by the Act of the British Parliament entitled the Medical Act, 1950.

(6) section 27 of the Principal Act is hereby amended by the insertion after "register" where it occurs secondly of "in substitution for or".

(7) section 31 of the Principal Act is hereby amended—

( a ) by the deletion in subsection (1) of "with the approval of the Minister"; and

( b ) by the deletion in subsection (3) of "with the approval of the Minister" and "with the like approval".

(8) Subsection (2) of section 40 of the Principal Act is hereby amended by the deletion of "with the approval of the Minister and "with the sanction of the Minister for Finance".

(9) Subsection (4) of motion 43 of The Principal Act is hereby amended by the insertion after "through" of "of".

7.—(1) Subsection (5) of section 9 of the Act of 1951 is hereby amended by the deletion of "with the approval of the Minister".

(2) Section 10 of the Act of 1951 is hereby amended—

( a ) by the deletion of "with the consent of the Minister";

and

( b ) by the addition at the end thereof of "with, as respects the prescribing of a period under subsection (1) of section 3 or the prescribing of a fee under subsection (2) of section 7, the approval of the Minister".

8.—The Council may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed.

9.—All expenses incurred by the Council in the execution this Act shall be defrayed by the Council out of its own moneys.

10.—section 16 of the Principal Act is hereby repealed.

11.—(1) This Act may be cited as the Medical Practitioners Act, 1955 .

(2) The Principal Act, the Act of 1951 and this Act may be cited together as the Medical Practitioners Acts, 1927 to 1955.