Oireachtas Joint and Select Committees

Thursday, 28 January 2016

Joint Oireachtas Committee on Health and Children

Draft Regulations on the Health and Social Care Professionals Act 2005: Motion

9:30 am

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The joint committee is being asked to consider motions that both Houses of the Oireachtas approve the draft regulations to protect the title of "optician" by confining its use to registrants of the register of optometrists. These regulations are consequential to the transfer of the regulation of the professions of optometrists and dispensing opticians from the Opticians Act 1956 to the Health and Social Care Professionals Act 2005 on 31 October last. On that date, the Opticians Board, established under the 1956 Act, was dissolved and its registrants were transferred to the relevant registers established and maintained by the Optical Registration Board under the 2005 Act.

The purpose of these regulations is to prevent non-registrants of the register of optometrists from operating under the title of "optician". The protected title of "dispensing optician" will still be used by members of the profession of dispensing optician. The motions propose that Dáil Éireann and Seanad Éireann approve the following Regulations in draft:

Health and Social Care Professionals Act 2005 (Section 95(3)) (Variation of title: Optician) Regulations 2016, copies of which have been laid in draft form before Dáil Éireann and Seanad Éireann on 18 January 2016.

Protection of title is a core function of the Health and Social Care Professionals Council. It is vital that when people access the health services that there is no ambiguity regarding the profession and the competence of the health service provider they are attending. The system of statutory regulation of the professions designated under the Health and Social Care Professionals Act 2005 comprises registration boards for the professions, a committee structure to deal with disciplinary matters and a Health and Social Care Professionals Council with overall responsibility for the regulatory system. These bodies are collectively known as CORU and are responsible for protecting the public by regulating the 14 professions currently designated under the Act.

Regulation under the Act is primarily by way of the statutory protection of professional titles by confining their use solely to persons granted registration. The Act provides that only registrants of a registration board who are subject to the Act's regulatory regime are entitled to use the relevant protected title. As matters currently stand, the titles of "optometrist" and "dispensing optician" are specified titles under the 2005 Act and are, therefore, protected for the sole use of registrants of their respective professions. However, it is my view that the title of "optician" needs to be prescribed as a variant of the title of "optometrist" to ensure the use of this title is confined to registrants. This will ensure greater public safety when it comes to protecting the significant numbers of people who use these services.

I formally consulted the Optical Registration Board, its precursor, the Opticians Board, and the various professional bodies regarding this proposal. The consensus is that this title should be protected and I would like to move forward and make this regulation as soon as possible. The Act provides that such regulations may be made only if a draft of the proposed regulation has been laid before the Houses of the Oireachtas and a resolution approving the draft has been passed by each House. I hope the Houses are in agreement with me on the matter and they will approve the draft regulations.