New legislation provides for the regulation of all Social Care Workers by 2025

In a significant development for the social care sector, the Government has passed new legislation that paves the way for the commencement of the regulation of social care workers.

The Regulated Professions (Health and Social Care) (Amendment) Act 2023, which was signed into law on 06 June 2023, amends the Medical Practitioners Act 2007, the Health and Social Care Professionals Act 2005, and certain un-commenced sections of the Regulated Professions (Health and Social Care) (Amendment) Act 2020.

It is understood that social care workers will commence being regulated by CORU in November 2023 when the register for social care workers is due to open.

The new legislation brings about a number of key changes to existing provisions of the Health and Social Care Professionals Act 2005, as set out below:
 

1. Grandfathering period – Social care workers will be eligible to apply for registration during this period. Individuals will be able to apply for registration based on an employer's opinion as to their proficiency.
2. Increased powers of the Social Care Workers Registration Board – The new legislation grants the Social Care Workers Registration Board greater powers to determine the competence of an employer or former employer to form an opinion on a social care worker employee's proficiency. The Board can also determine the duration of any employment relationship.
3. Recognition of experience – Social care work experience gained from Ireland, any member state of the EU/EEA or the United Kingdom will be considered for registration which ensures that citizens from other member states with equivalent experience will be treated the same as Irish citizens. This is intended to have a positive impact on service provision in border countries across the EU, facilitating the mobility of social care workers across regions.
4. Experience requirements – Applicants seeking registration through the grandfathering route must have a minimum of two years' experience in social care work. This experience does not need to have been continuous, however it must be gained within five years of the application date, which can be up to two years after the register opens.
5. Other requirements – Applicants must also meet other requirements for registration such as payment of fees, and fit and proper person criteria.

The enactment of the Regulated Professions (Health and Social Care) (Amendment) Act 2023 marks a key milestone in the social care sector in Ireland.

The Regulated Professions (Health and Social Care) (Amendment) Act 2023 can be read here.