Dáil Éireann Debate, Tuesday - 27 April 2004
585 Ms McManus asked the Minister for Health and Children the regulations that are in place or being considered for the protection of the public with regard to cosmetic/aesthetic practise and the purchase of medical lasers; the qualifications that are required to open clinics to carry out these procedures claiming unachievable results; and if he will make a statement on the matter. [11693/04]
View answerAlthough there are no regulations governing the purchase or use of medical lasers, any such devices in use in this country must carry the CE mark in compliance with EU Medical Devices Directive 1993/42/EEC and Statutory Instrument 252 of 1994 — European Communities (Medical Devices) Regulations. Persons who avail of services whether cosmetic or otherwise should endeavour to seek the services of reputable institutions. When significant procedures, including those by medical laser, are being arranged in cosmetic clinics, persons are strongly advised to check that the services are provided by or under the direction of a registered medical practitioner, and that such a doctor is appropriately registered with the Medical Council. Where difficulties are experienced in any non-medical practice where medical lasers are used, the appropriate point of complaint is the Director of Consumer Affairs.
Where medical practice is concerned, the Medical Council is the statutory body established to provide for the registration and control of persons engaged in the practice of medicine under the Medical Practitioners Act 1978. Section 69(2) of the Medical Practitioners Act 1978, states: "It shall be a function of the Council to give guidance to the medical profession generally on all matters relating to ethical conduct and behaviour". I am informed by the Medical Council of its view that doctors have been given the privilege of regulating their own professional affairs through the Medical Council and subject to the council's ongoing ethical guidance. Independent clinical decision making by doctors on behalf of their patients is a key part of how medicine operates in Ireland. The Medical Council's ethical guidelines are a set of ethical principles for medical practice which doctors must apply in each unique clinical situation in which they work, together with their judgement, experience, knowledge and skills. The question of appropriate advertising is also addressed, regarding which transgressions may constitute professional misconduct. It is the statutory duty of the council to consider all complaints in the event of any alleged lapses from such standards which may lead to fitness-to-practise proceedings.
As the Deputy will be aware, my Department is currently carrying out a comprehensive review of the Medical Practitioners Act 1978. It is my intention that heads of Bill for an amendment to the 1978 Act, which are at an advanced stage, will a Bill be put before Cabinet in the very near future. As part of this review process, consultations have been carried out with a number of bodies, including patient groups, medical representative organisations, and the key stakeholders in health service provision, regulation and post-graduate medical education and training. Some of the main issues which have been considered are greater public interest representation on the Medical Council, measures to improve the public accountability and transparency of the council, improved efficiencies in the fitness-to-practise procedures and measures to ensure the ongoing competence of all doctors to engage in their profession and the procedures they undertake.
