Stephen Donnelly

The Professions (Health and Social Care) (Amendment) Act 2023 amends the Medical Practitioners Act 2007, the Health and Social Care Professionals Act 2005, and certain uncommenced sections of the Regulated Professions (Health and Social Care) (Amendment) Act 2020.

Amendments introduced by the 2023 Act when applied to existing provisions of the Health and Social Care Professionals Act 2005 include:

• During the grandfathering period, social care workers will be eligible to apply for registration based on an employer’s opinion as to their proficiency.
• The Social Care Workers Registration Board will have greater powers to determine the competence of an employer or former employer to form an opinion, and to determine the duration of any employment relationship.
• Social care work experience for the purposes of grandfathering can be obtained in Ireland, any member state of the EU/EEA or the United Kingdom. This will ensure that member state citizens with equivalent experience will be treated the same as Irish citizens in line with European treaty rights. In terms of broadening this provision to experience gained in the UK, the government said this “reflects the historical cooperation between our two islands in matters relating to cross-border healthcare and it recognises the strong worker mobility between the UK and Ireland”, with a “particular positive impact on service provision in border counties”.
• Applicants seeking registration through grandfathering must have at least two years’ experience in the practice of social care work, but this need not be continuous.
• This experience must be recent. That is, it must be gained within five years of the application date, which can be up to two years after the register opens.
• In addition to experience, applicants must meet the other requirements for registration such as payment of fees, and fit and proper person criteria.

Health minister Stephen Donnelly said: “I’m pleased the president has now signed the Regulated Professions (Health and Social Care) (Amendment) Act 2023 into law, ensuring there is a fair and proportionate pathway for social care workers to register with CORU, Ireland’s multi-profession health regulator, and see member state citizens with equivalent experience treated the same as their Irish counterparts.

“Similarly, this will apply to UK citizens, reflecting the historical cooperation between our two islands in matters relating to cross-border healthcare, while recognising the strong worker mobility between the UK and Ireland, and have a positive impact on service provision in border counties.

“This Act provides greater powers to the Social Care Worker Registration Board to determine the competence of an employer or former employer to form an opinion, and to determine the duration of any employment relationship. Registration of social care workers and the protection of the title from November 2025 are important patient safety measures and I welcome the opening of the register later this year.”