2. Geraldine Kelly
Ireland

3. Implementation of the Alert Mechanism in Ireland: presentation summary
Outgoing Alerts: what triggers an Alert?
Incoming Alerts: How Ireland deals with incoming Alerts
Experience of one Irish Competent Authority with the Alert Mechanism
Feedback from Irish Competent Authorities

4. Sanctions Leading to Alerts
Recital 29 of Directive 2013/55/EU
“…A specific alert mechanism is necessary for health professionals under Directive 2005/36/EC… All Member States should be alerted if a professional is no longer entitled, due to a disciplinary action or criminal conviction, to practise, even temporarily, the professional activities in a Member State… activated through IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. …The alert procedure should comply with Union law on the protection of personal data and fundamental rights.”

5. Typical Nature of the Disciplinary Process
Complaint received about professional
Public safety concern
High Court immediate interim suspension
Preliminary Proceedings Committee – is there a prima facie case? No
Yes
Alert
Fitness to Practise Committee
Complaint Substantiated
Council considers sanction
Sanction imposed
High Court
Sanction confirmed by High Court
Attach conditions to registration
Suspension of registration
Cancellation of registration
Prohibition on application for restoration for prescribed period
Advice/admonishment/ censure
Fine
No alert
Alert

6. Alerts Issued by Irish CAs
Doctors – 18 Alerts
Nurses – 27 Alerts
Other Health Professions – 6 Alerts – 4 Pharmacists
1 Midwife
1 Dental Practitioner
March 2017

7. Receipt of Alerts
Alerts screened by each competent authority and compared against registers and current applications
If person is applying for qualification recognition No
If on a register  Fitness to Practise/disciplinary proceedings
Primary legislation is being drafted to provide that being subject to an Alert is a ground for complaint

8. Nursing and Midwifery Board of Ireland (NMBI)
Competent authority for nurse and midwife
Has 65,000 registrants
Nationality of Registrants’ qualification:
IE 41,000
UK 13,000
Other EEA 2,580
POL
ROM 430
ESP PT
other EEA 890
third country 8,420

9. Nursing and Midwifery Board of Ireland (NMBI)
Must access Nurse and Other Health Professions modules
Has identified 8 persons who are the subject of an Alert; 7 are on its Register and 1 person sought qualification recognition
To end of March 2017, there were Alerts for 7,439 nurses and 2,965 for other health professionals
NMBI claims that it takes 5-7 minutes on average to check an individual Alert and its own register
867 hours work to identify 8 persons of interest!

10. Thank you