I thank the Chairman and members for inviting us here to talk about the draft regulations to be made by the Minister for Health to protect the title of speech therapist as a variant of speech and language therapist and, dietician, spelled with the letter "c" as a variant of dietitian. As the Chairman said, I am Deirdre Walsh, principal officer in the professional regulation unit and I am joined by my colleague, Aidan Tumbleton, assistant principal.
As the Chairman outlined the Houses of the Oireachtas are being asked to approve the following two regulations in draft: the Health and Social Care Professionals Act 2005 (Section 95 (3)) (Variation of title: Dietician) Regulations 2018; and the Health and Social Care Professionals Act 2005 (Section 95 (3)) (Variation of title: Speech Therapist) Regulations 2018. These regulations are being made pursuant to the Health and Social Care Professionals Act 2005. The Act provides for the protection of the public by promoting high standards of professional conduct, education, training and competence through statutory registration of the health and social care professionals designated under the Act. Regulation under the Act is primarily by way of registration of practitioners and the statutory protection of professional titles. The use of protected titles is restricted to practitioners granted registration under the Act. Registrants must comply with a code of professional conduct and ethics and are subject to "fitness to practice" rules similar to those applying to nurses, midwives and doctors. The structure of the system of statutory regulation comprises registration boards for the professions, a committee structure to deal with disciplinary matters, and the Health and Social Care Professionals Council with overall responsibility for the regulatory system. These bodies are collectively known as CORU.
The Act prohibits a person whose name is not on the register from using the title of a designated profession and provides that CORU may initiate a criminal prosecution summarily to enforce the prohibition on a designated title's misuse. The title of dietitian is currently specified under section 79 of the 2005 Act for the exclusive use of qualified professionals registered with the Dietitians Registration Board. However, the US spelling of dietician with a "c" also appears to be in use in Ireland. CORU report that it has received a number of referrals concerning persons who are not registered with the Dietitians Registration Board using the title "dietician".
Legal advice has been obtained to the effect that a prosecution initiated against an unregistered person using the variant spelling dietician would be unlikely to succeed unless the title is prescribed pursuant to section 95 (3) of the Act. The purpose of the first draft regulation is to protect the public by restricting the use of the variant title dietician to qualified professionals registered with the Dietitians Registration Board.
The Dietitians Registration Board has written to the Department formally requesting that regulations be made to prescribe the title of dietician as a variant of the specified title of dietitian. The registration board has also furnished the opinion of legal counsel, who recommends the variant title be prescribed to remove ambiguity concerning its use. Representations have also been received from the Chairman of the Board of the Irish Nutrition and Dietetic Institute requesting that the variant title dietician is protected.
On the prescription of title of speech therapist as a variant title of speech and language therapist,
the title of speech and language therapist is currently protected under section 79 of the 2005 Act for the exclusive use of qualified professionals registered with the Speech and Language Therapists Registration Board. Historically, professionals were referred to as speech therapists, and, although the profession has long since adopted the title of speech and language therapist, practitioners are often referred to by the outdated title. Legal advice has been obtained by Health and Social Care Professionals Council, CORU, to the effect that a prosecution initiated against an unregistered person using the historic variation speech therapist would be unlikely to succeed unless the title is prescribed pursuant to section 95 (3) of the Act.
The purpose of the second draft regulation is to protect the public by restricting the use of the variant title speech therapist to qualified professionals registered with the Speech and Language Therapist Registration Board.
The Speech and Language Therapist Registration Board has written to the Department requesting that regulations be made to prescribe the title of speech therapist as a variant of the specified title of speech and language therapist. The registration board has also furnished the opinion of legal counsel, who recommends the variant title be prescribed to remove ambiguity concerning its use.
The legal position is that
section 95(3) of the Health and Social Care Professionals Act 2005 Act provides that the Minister for Health, after consulting the registration board of a designated profession and any organisations that he or she considers appropriate, may, by regulation prescribe one or more than one title that is a variant of the title designated in the Act for the profession. Section 95(7) provides that:
A regulation may be made under subsection (3) only if—
(a) draft of the proposed regulation has been laid before the Houses of the Oireachtas, and
(b) a resolution approving the draft has been passed by each House.
The regulations have been laid before both Houses. The Minister made a motion to move both regulations in the Dáil on 24 April 2018, and as the Chairman noted, in the Seanad on 25 April. Subject to the approval of the Houses, it is proposed these regulations will come into effect in the coming weeks.
I am happy to take questions.
