Clare Daly (Dublin Fingal, Independent)
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243. To ask the Minister for Health if, under existing legislation or regulations, any sanctions exist for a doctor, consultant or other health care provider who wrongly informs patients that they do not qualify for treatment abroad under the European Union cross-border health care directive. [8071/16]

Leo Varadkar (Dublin West, Fine Gael)
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Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare was adopted by both the Council of Ministers and the European Parliament on 9 March 2011. Following this process the provisions of the Directive are transposed by Member States into their legislative framework. The Directive does not contain any provisions relating to the application of sanctions for a doctor, consultant or other healthcare provider, who wrongly informs patients that they do not qualify for treatment abroad under the Directive. The Directive was transposed in Ireland by S.I. 203 of 2014 and S.I. 65 of 2015.

The Medical Practitioners Act 2007 provides that any person can make a complaint about a registered medical practitioner to the Preliminary Proceedings Committee of the Medical Council on a number of grounds including poor professional performance. It is a matter for the Preliminary Proceedings Committee and the Fitness to Practise Committee of the Medical Council to examine the complaint and to hold an inquiry (if there is a prima facia case) and to determine if the allegation is proven.