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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Irish Medical Council Register.

Doctors removed from the Medical Council register

Summary

Leonard questioned how the public is protected when doctors are struck off and whether unregistered doctors might still practise. Desmond cited offences and registration requirements under the Medical Practitioners Act, explaining that about 500 names were removed for unpaid retention fees, mostly for reasons suggesting they had stopped practising; he did not know whether any were still practising and undertook to ask the Medical Council.

asked the Minister for Health the action he proposes to take to protect the public in the light of the large number of doctors struck off the Irish Medical Council's register recently.

Comment on this

I do not propose to take any action in this matter. It is an offence in law for a person falsely to represent himself to be a registered medical practitioner when he is not so registered. The law also requires every person, whose name is registered in the register of medical practitioners, to display his certificate of registration at the place where he conducts practice of medicine at all times during which his registration continues and at no other time. Doctors employed in the public health services are required to be registered as a condition for employment and for continuing in employment as medical practitioners.

I understand the medical council have decided to remove from the register the names of a number of doctors who have not paid the annual retention fee, the non-payment of which is one of the grounds on which the council can take action. Most of the doctors in question would already have ceased to practise in this country for one reason or another. Should any doctor who is continuing to practise here find himself in this situation he would be well advised to pay the retention fee. The medical council are obliged to restore to the register the name of any person removed from the register for non-payment of a retention fee on payment by the person concerned of a special fee.

Comment on this

Is the Minister satisfied that there are no doctors practising at present who have been removed from that register?

Comment on this

I understand that the medical council have decided to remove the names of some 500 doctors who have not paid the annual retention fee for the current year. Most of those would have ceased to practise for various reasons, for health purposes, or they may have gone abroad, or be deceased, or for domestic reasons, for example, in the case of some married women doctors. But I would point out that the medical council are obliged to restore the name of any person removed from the register on payment of a special fee of £56 in addition to the ordinary registration fee of £28. That is the situation as I understand it at present.

Comment on this

My question asked if there had been any doctors removed from the register and, if there were, would it not cause a difficulty and possible legal consequences if somebody consulted a doctor who was no longer registered?

Comment on this

The legal authority to practise ensures that one must pay the fee, that is under the Medical Practitioners Act, 1978. Section 46 of that Act gives the medical council power to remove the name of a person from the register for non-payment of the retention fee. Section 61 then makes it an offence for a person to falsely misrepresent himself or herself to be a registered medical practitioner when he or she is not so registered. Section 26 obliges a person to display his or her certificate. Therefore, there is a requirement and it is a condition of service for medical practitioners employed in the public health services, that they must be registered at the time of appointment and must continue to be registered while they hold the office. Therefore, if there is anybody going around who has not paid his or her registration fee — if they are continuing to practise — they may find themselves in serious legal difficulties.

Comment on this

The Minister said there may be some but is it not a very loose arrangement and one that the Minister should have examined closely very quickly?

Comment on this

The provisions of the Act are quite clear: it is an offence for a person to practise unless he or she is registered and displays his or her certificate.

Comment on this

Is there evidence that there are doctors practising at present who have not paid their retention fee, or are most of these doctors people who have emigrated, who have died or for some other reason are not practising medicine in this country at present?

Comment on this

I do not have that information. I will inquire from the medical council about the situation in that regard and I will write to the Deputies concerned. It would be interesting to find out.

Comment on this