S.I. No. 222/2018 - Medical Council (Evidence of Indemnity) Rules 2018

1. I declare that the practice arrangement(

s

) I have ticked above reflect the entire scope of the services I will be providing in the State pursuant to the declaration I am submitting under Regulation 13 of the Regulations of 2017.

2. I declare that if having checked practice arrangement 2, 4 or 5 above, or any combination thereof, I am providing with this form a copy of a certificate which specifies my area(

s

) of practice and complies with the other requirements of Rule 5 of the Medical Council (Evidence of Indemnity) Rule 2018 (

S.I. No. 222 of 2018

), and I understand that failure to do so could will result in the loss of my entitlement to provide services on a temporary and occasional basis in the State.

3. I declare that, should I intend to provide any service outside of my declared scope of services, or in an area of practice not specified in my certificate, I will put in place the required minimum level of indemnity, if any, prior to providing such other service.

4. I declare that I have read section 38A of the Medical Practitioner Act 2007 (set out below) and I understand my obligations under it and I undertake to comply with those obligations.

5. I confirm that the declaration(

s

) provided above by me are true and I understand that any false declaration may result in my prosecution and/or may be grounds for complaint under Part 7 of the

Medical Practitioners Act 2007

.

Signed: ______________

Medical Practitioner

Date

Section 38A of the

Medical Practitioners Act 2007

“Duty of medical practitioner — indemnity

6. If your registration is renewed, you will

not

be engaged in the practise of medicine during the period of registration, or your practice of medicine will

not

involve engagement with patients.

(Note that ticking this box excludes you from the entitlement to issue prescriptions)

Section 3

Declarations

7. If registered/restored, you will

not

be engaged in the practise of medicine during the period of registration, or your practice of medicine will

not

involve engagement with patients.

(Note that ticking this box excludes you from the entitlement to issue prescriptions)

Section 3

Declarations

8. The evidence referred to in Rule 7 shall, if practicable, be displayed on white paper or white cardboard in a prominent position at the principal place where the practitioner practises medicine such that it is readily visible to a person each time that person is treated by the medical practitioner.

Rule 4(a)

SCHEDULE 1

Professional Indemnity Declaration Form (First Registration or Restoration)

Full Name

(block capital letters)

Registration number

Section 1

Professional Indemnity Requirements

38A. (1) A registered medical practitioner shall ensure that the minimum level of indemnity (if any) applicable to him or her is in place at all times during which the practitioner’s registration continues.

(2) A medical practitioner who contravenes subsection (1) shall, not later than 14 working days after the contravention occurs, give notice in writing to the Council of the contravention and particulars of the matters giving rise to the contravention (and whether or not the practitioner has, subsequent to the contravention, ceased to contravene that subsection).”

GIVEN under the Official Seal of the Medical Council,

17 May 2018.

DR ANTHONY BRESLIN,

Vice President.

MR WILLIAM PRASIFKA,

Chief Executive Officer.

EXPLANATORY NOTE

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

These Rules set out the evidence in relation to professional indemnity to be submitted to the Medical Council by medical practitioners and to be displayed at the principal place where medical practitioners practise medicine. In addition, these Rules provide for the timing of such submission and the manner of such display.

These Rules may be cited as the Medical Council (Evidence of Indemnity) Rules 2018.

These Rules come into operation on 18th May 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

29

th June

, 2018.

The Medical Council, in exercise of the powers conferred on it by section 11 (as amended by

section 3

of the

Medical Practitioners (Amendment) Act 2017

(No. 10 of 2017)) of the

Medical Practitioners Act 2007

(No. 20 of 2007), hereby makes the following rules:-

Citation