The Supreme Court decision in question confirmed that there is a “seriousness” threshold for cases involving “poor professional performance”. The Court clarified that this threshold is provided for in the definition of poor professional performance in the Medical Practitioners Act 2007, and, it follows, in the other health professional regulatory Acts which the Regulated Professions (Health and Social Care) Amendment Bill 2019 Bill is amending.
The case in question illustrated that registrants who receive one of the minor sanctions are left with limited options to challenge that decision. Accordingly, following consultation with the professional regulators, the Regulated Professions (Health and Social Care) Amendment Bill 2019 which is currently progressing through the Oireachtas provides for a right of appeal to the High Court for registrants receiving a minor sanction.
The Bill is scheduled for Committee stage consideration by the Select Committee on Health on 25 September 2019.