Medical Practitioners Act 1950

Act;

"the register" means the register of medical practitioners main tained by the Permanent Secretary under section 6;

"registered medical practitioner" means a medical practitioner whose name is entered in the register;

"specialist" means a person qualified in a speciality by virtue of having not fewer than four years of practice of that speciality of which not fewer than three years were spent in a pro gramme of training approved by the Council;

"speciality" means a speciality in medicine or surgery.

Unqualified persons; offences

2 (1) Without prejudice to any other provision of this Act, a per son who is not a registered medical practitioner or an exempted medical practitioner—

(a) shall not take or use any name, title or description (whether by initials or otherwise) stating or implying that he is a registered or exempted medical practitioner;

(b) shall not—

(i) practise medicine or surgery in Bermuda whether or not such practice is for gain; or

(ii) hold himself out as practising medicine or surgery in Bermuda:

Provided that nothing in this subsection shall have effect in re lation to the practice of dentistry or dental surgery by a registered dental practitioner, or in relation to the practice of midwifery by a registered midwife, or in relation to the practice of his profession by any person registered under the Professions Supplementary to Medicine Act 1973 [title 30 item 18], or in relation to the practice of his profession by any person registered under the Optometrists and Opticians Act 1973 [title 30 item 14].

(2) A person, whether or not a registered medical practitioner or an exempted medical practitioner, shall not take or use, or affix to or use in connection with his premises, any name, title or description (whether by initials or otherwise) reasonably calculated to suggest that he possesses any professional status or qualification as a medical prac titioner other than a professional status or qualification which he in fact possesses, and which, in the case of a registered medical practitioner, is indicated by particulars entered in the register in respect of him.

(3) Any person who contravenes any provision of this section commits an offence against this Act;

Punishment on summary conviction: a fine of $1680 or imprisonment for 6 months or both such fine and imprisonment:

Provided that it shall be a good defence, in respect of proceed ings brought under subsection (1)(b), to prove that the practice com plained of took place in an emergency.

Entitlement to practise medicine and surgery

3 A registered medical practitioner or an exempted medical practi tioner shall, subject as hereinafter in this Act provided, be entitled to practise medicine and surgery in Bermuda, and to recover in due course of law in respect of such practice any fees and expenses and any charges in respect of medicines, drugs or appliances, arising therefrom.

Bar to recovery of fees without proof of entitlement to practise medicine or surgery

4 A person who is not a registered medical practitioner or an ex empted medical practitioner shall not be entitled to recover in any court any fees, expenses or charges in respect of his practice of medicine or surgery in Bermuda, unless he proves—

(a) that at the time of the practice in question he was a reg istered medical practitioner or an exempted medical practitioner entitled to perform such practice; or

(b) that the practice took place in an emergency, and that his charging of fees in respect of his practice was ap proved by the Council:

Provided that nothing in this section shall have effect in relation to the practice of dentistry or dental surgery by a registered dental prac titioner, or in relation to the practice of midwifery by a registered mid wife.

Bermuda Medical Council established

5 (1) There shall be established a body called "the Bermuda Medical Council", whose general function shall be to secure high stan dards of professional competence and conduct in the practice of medicine and surgery in Bermuda, and who shall have such other func tions as may be assigned to the Council by this Act or any other statu-

tory provision.

(2) The Council shall be a body corporate by their aforesaid name, having perpetual succession and a common seal, and may sue and be sued in their said name.

(3) The Council shall consist of seven members, of whom—

(a) two shall be registered medical practitioners appointed to the Council by the Minister;

(b) two shall be persons, not being registered medical prac titioners, so appointed by the Minister as being persons appearing to him to be qualified by their training or ex perience or both to assist the Council in matters of a le gal or ethical nature;

(c) two shall be members of the Bermuda Medical Society, being members in good standing, so appointed by that Society; and

(d) the seventh shall be the Chief Medical Officer ex officio,

and the Minister and the Bermuda Medical Society shall respectively ap point, to act whenever needed as the alternate to each person appointed under paragraph (a) or (b) or (c), a second person having the same quali fications.

(4) Appointment to be a member of the Council under subsec tion (3) (a) (b) or (c) (hereafter in this Act called "an appointed member') shall be for a term not exceeding three years, and a person may be so appointed who has previously been a member of the Council.

(5) The Minister shall appoint one of the persons appointed to the Council under subsection (3) (a) or (c) to be Chairman, and another to be Vice-Chairman, of the Council, in each case for a term not extend ing beyond the expiration of the term for which he has been appointed a member of the Council.

(6) Upon the death or resignation of an appointed member a person shall be appointed in his place in accordance with the provisions applying to the appointment of the person dying or retiring.

(7) The Chief Medical Officer shall, in addition to being a mem ber of the Council, be the executive officer of the Council ex officio.

(8) The First Schedule shall have effect as to the proceedings of the Council and other matters relating to the Council.

Permanent Secretary to keep register

6 (1) The Permanent Secretary shall cause to be kept and main tained a register of medical practitioners (hereinafter in this Act referred to as "the register") containing the names of those medical practitioners entitled to be registered under this Act, and such other particulars re specting those persons as this Act may require or as may from time to time be prescribed.

(2) The Permanent Secretary shall cause to be published in the Gazette, as soon as may be after the first day of January in each year, a list of names entered in the register on that day; and a copy of the Gazette containing the most recent list so published shall be, prima fa cie, evidence in all courts that the persons whose names are included therein are registered medical practitioners; and the absence of the name of any person from the said list shall be, prima facie, evidence that that person is not a registered medical practitioner:

Provided that—

(a) in the case of any person whose name does not appear in any list, a certificate purporting to be signed by the Permanent Secretary of the entry of the name of such person in the register and of the date of such entry shall be prima facie, evidence—

(i) that he is a registered medical practitioner; and

(ii) of the date upon which he became a registered medical practitioner;

(b) in the case of any person whose name does appear in any such list, a certificate as aforesaid of the striking off or removal of the name of that person from the register or of his suspension from practice under this Act and of the date of the striking off or removal or suspension, shall be, prima facie, evidence—

(i) that he is not a registered medical practitioner, or has been suspended from practice; and

(ii) of the date upon which he ceased by virtue of the striking off or removal to be a registered medical practitioner, or, as the case may be, was suspended from practice.

(3) The Permanent Secretary—

(a) shall cause to be entered in the register the name of a person—

(i) who passes an examination held under section 8; or

(ii) whose name, having been struck off or removed from the register, is to be restored to the register under section 19;

(b) shall cause to be made in the register such alterations and additions relating to particulars of registered medi cal practitioners as may from time to time become nec essary; and

(i) who has died; or

(ii) whose name is to be removed from the register under section 11(1); or

(iii) who has, under section 16, applied to have his name removed from the register; and

(d) shall cause to be struck off the register the name of a registered medical practitioner—

(i) whose name is to be struck off the register un der section 14; or

(ii) whose name is ordered to be struck off the reg ister under section 28; and

(e) shall cause to be entered in the register, as may from time to time become necessary, a note of the com mencement or termination of the suspension from prac tice of a registered medical practitioner under sections 17 and 19 respectively; and

(f) may, without prejudice to anything in this section cause such notices to be published in the Gazette as appear to him expedient in the circumstances.

Application for registration

7 (1) A person who applies to be registered under this Act (hereafter in this Act referred to "applicant for registration") shall apply in the prescribed form to the Permanent Secretary, and shall forward with the application—

(a) such documents relating to professional qualifications, experience and character in support of the application (including, where he claims the right to be registered as a specialist, such documents as in his view justify his claim) as may from time to time be prescribed; and

(b) such fee as may be prescribed under the Government Fees Act 1965 [title 15 item 18]:

Provided that any person who is or is appointed to be a Govern ment Medical Officer or the Medical Superintendent or a Medical Officer of the King Edward VII Memorial Hospital shall not be required to for ward any such fee.

(2) The Permanent Secretary shall cause the application and accompanying documents (if any) to be transmitted to the Council, who shall, as soon as conveniently may be, consider the application.

(3) The Council's consideration of an applicant for registration shall be conducted on behalf of the Council and in the Council's name by a credentials committee appointed for the purpose of the application by the Council; and that committee shall determine on behalf of the Council and in their name whether the applicant is a duly eligible applicant.

(4) A credentials committee shall consist of four persons con sidered by the Council to possess qualifications appropriate for dealing with the application.

(5) In any case where an applicant for registration does not ap pear to the credentials committee to be a duly eligible applicant, the committee shall report their decision, and their reasons therefor, to the Council, who shall thereupon transmit the said decision and reasons to the Permanent Secretary as the decision and reasons of the Council.

(6) A person aggrieved by any decision of the Council under this section may appeal to the Cabinet against the decision in the man ner provided in section 23.

(7) In this section "duly eligible applicant" means an applicant for registration who—

(a) has satisfactorily completed such course of study and examination as the committee consider sufficient to be, prima facie, evidence of his competence efficiently to practise medicine and surgery or, in the case of an ap-

plicant for registration as a specialist, the speciality with reference to which he has applied for registration as a specialist;

(b) is of good character;

(d) has supplied the Council with a certificate from the Minister responsible for Immigration that he has or will have, subject to meeting the requirements of this Act, the right to work in the practice of medicine or surgery in Bermuda:

Provided that the Council may dispense with the need for such a certificate in any case where they are satisfied that the applicant for reg istration has that right.

Qualifying examination

8 (1) Where —

(a) an applicant for registration has been determined pur suant to section 7 to be a duly eligible applicant; or

(b) any appeal under section 25 by an applicant for regis tration against any decision of the Council under that section is allowed by the Cabinet,

the Council shall, as soon as may be, conduct an examination of the ap plicant (hereafter in this Act referred to as a "qualifying examination").

(2) The qualifying examination—

(a) where the applicant desires to be registered as a spe cialist shall be such examination as the Council think fit, but need not be a written examination if the Council so decide;

(b) in any other case shall, subject to subsection (3), be set and conducted in such a manner as to ensure, as far as possible, that any person passing the examination is possessed of the competence, skill and knowledge requi site for the efficient practice of medicine or surgery.

(3) Every qualifying examination in a case coming within sub section (2)(b) shall be conducted on behalf of the Council by an exami nation committee of the Council consisting of an appointed member of the Council and not fewer than two registered medical practitioners.

(4) The Council, subject as hereinafter provided, and having due regard to subsections (2) and (3) shall have power—

(a) to determine the nature and scope of a qualifying exami nation;

(b) to regulate the conduct of a qualifying examination; and

(c) to determine whether or not an applicant for registration who has taken a qualifying examination shall be consid ered to have passed or failed and, in an appropriate case, to require such an applicant to continue the ex amination in such respects as the Council may direct, without such a continuation counting as a different ex amination for the purpose of section 7(7)(c).

(5) No appeal shall lie to the Cabinet under this Act against any determination made under and in accordance with this section.

Examination result

9 (1) Where an applicant for registration passes a qualifying ex amination—

(a) the Council shall transmit a notice of the result of the examination to the Permanent Secretary; and

(b) the Permanent Secretary—

(i) shall cause the applicant's name and profes sional qualifications to be entered in the register together with such other particulars as may from time to time be prescribed; and

(ii) shall cause a certificate of registration in the prescribed form to be completed and forwarded to the applicant.

(2) Where an applicant for registration fails in a qualifying ex amination, the Council shall inform the Permanent Secretary and the applicant accordingly.

Application fees

10 (1) Where an applicant for registration has in pursuance of section 7(1) forwarded to the Permanent Secretary the fee prescribed

un der the Government Fees Act 1965 [title 15 item 18] and does not subse quently take a qualifying examination, then in any such case there shall be returned to him by the Permanent Secretary one half of that fee.

(2) Where an applicant for registration who has forwarded a fee as aforesaid and subsequently takes a qualifying examination, then, whether he passes or fails in the examination, there shall not be re turned to him any part of that fee.

Government Medical Officers

11 (1) Notwithstanding anything in the foregoing provisions of this Act but subject to subsection (2), a person appointed to be a Government Medical Officer shall not be required to pass a qualifying examination; and if any such person is found by the Council to be a duly eligible ap plicant for registration for the purposes of section 7, the Council shall inform the Permanent Secretary accordingly and the Permanent Secre tary shall cause his name and qualifications to be entered in the register and shall cause a certificate of registration to be forwarded to him as though he had passed a qualifying examination; and upon the entry of his name in the register such Government Medical Officer shall for the purposes of this or any other Act be deemed to be a registered medical practitioner:

Provided that where a person who is a Government Medical Offi cer ceases to be a Government Medical Officer, then—

(a) unless he had already passed a qualifying examination; or

(b) unless on 1 November 1950 his name was entered in any register of medical practitioners maintained under the Medical Registration Act 1905,

his name shall be removed from the register.

(2) The privilege conferred by subsection (1) upon Government Medical Officers shall be available to each such officer until the expira tion of the period of eighteen months commencing on the day on which he was found by the Council under section 7 to be a duly eligible appli cant, and no longer.

(3) A Government Medical Officer shall not engage in general private practice as a medical practitioner:

Provided that where a private medical practitioner consults a Government Medical Officer with respect to a patient of the private medi cal practitioner, the Government Medical Officer may engage in private practice to the extent involved in the consultation.

Registration of additional qualification

12 Where—

(a) a registered medical practitioner has, since the date of his registration under this Act, been granted any degree, diploma or other qualification in medicine or surgery, or in sanitary science, public health or state medicine; and

(b) the degree, diploma or other qualification appears to the Council to deserve recognition in the register,

the Permanent Secretary upon application made by the registered medi cal practitioner in the prescribed form, shall without charge cause the particulars of the new qualification to be entered in the register.

Professional conduct

13 (1) Where the Council becomes aware of any allegation of dis graceful conduct in a professional respect on the part of a registered medical practitioner they shall as soon as may be enquire into the mat ter; and in respect of any such enquiry—

(a) the Council may take evidence on oath, and for that purpose the Chairman of the Council may administer an oath;

(b) the Council shall afford the registered medical practi tioner every facility—

(i) to appear before the Council at all stages of the enquiry;

(ii) to be represented by counsel;

(iii) to cross-examine witnesses; and

(iv) generally to make a full defence or explanation in the matter;

(c) the Council shall inform the Permanent Secretary of their findings and the Permanent Secretary shall inform the registered medical practitioner accordingly; and

(d) the registered medical practitioner shall be entitled to appeal against any such finding to the Governor in the

manner provided in section 25.

(2) Any proceedings in connection with the holding of an en quiry by the Council under this section shall, for the purposes of the provisions of the Criminal Code [title 8 item 31] relating to perjury, be deemed to be judicial proceedings.

Striking off

14 (1) Where a registered medical practitioner—

(a) is convicted whether in Bermuda or elsewhere of any of fence and as a result of that conviction is sentenced to a term of imprisonment without the option of a fine; or

(b) is found by the Council to be guilty of conduct dis graceful to him in a professional respect; or

then in any such case—

(i) it shall be the duty of the registered medical practitioner to inform the Council in the circum stances set out in paragraph (a) or (c);

(ii) it shall be the duty of the Council, if they are satisfied as to the truth of any of the matters specified in paragraphs (a), (b) and (c), and after giving the registered medical practitioner every opportunity to make such explanation as he may wish to do, to decide as soon as may be whether the name of the medical practitioner should be struck off the register:

Provided that the name of a registered medical practitioner shall not be struck off the register on account of his adopting or refraining from adopting the practice of any particular theory of medicine or surgery.

(2) Where the Council decide that the name of a registered medical practitioner should be struck off the register they shall so inform the Permanent Secretary; and the Permanent Secretary shall cause the registered medical practitioner to be informed by written notice accord ingly.

(3) A registered medical practitioner shall be entitled to appeal against any such decision of the Council to the Governor in the manner provided in section 25.

(4) The Permanent Secretary, where the Council decide that the name of a registered medical practitioner should be struck off the regis ter—

(a) shall, on the tenth day after he has given notice to the registered medical practitioner under subsection (2), cause the name of the registered medical practitioner to be struck off the register, unless in the meantime an ap peal has been duly entered in respect of the decision; or

(b) shall, where an appeal is duly entered, and where the appeal is subsequently dismissed by the Governor, cause the name of the registered medical practitioner to be struck off the register,

and in either such case the Permanent Secretary—

(i) shall cause the medical practitioner to be in formed by written notice that his name has been struck off the register; and

(ii) shall by a notice given as aforesaid require the medical practitioner to return his certificate of registration within seven days after receiving the notice; and

(iii) shall cause a notification of the striking off to be made in the Gazette.

(5) Any registered medical practitioner who contravenes sub section (1)(i) commits an offence against this Act.

Punishment on summary conviction: a fine of $1680.

(6) Any person who fails to return his certificate of registration to the Permanent Secretary in accordance with any requirement duly given under subsection (4)(ii) commits an offence against this Act.

Punishment on summary conviction: a fine of $420.

Striking off for personal or professional unfitness

15 (1) The Council shall have power under and subject to this section to decide that the name of a registered medical practitioner shall be struck off the register.

(2) The Council's power to make in relation to any person a de-

cision referred to in subsection (1) shall arise where they are of opinion that he is unfit, by reason of a defect or defects in his personal character or by reason of his habitual inefficiency or habitual negligence, to have his name continue entered in the register.

(3) It shall be the Council's duty, on or about the first anniver sary of the day on which any person was registered as a specialist, to consider whether they will exercise their power under this section in re lation to him.

(4) Before making in relation to any person a decision referred to in subsection (1) the Council shall first determine whether there is a prima facie case for exercising their power under this section in relation to him; and, where they so determine, they—

(a) shall give him notice in writing of the fact that, and the reasons why, they have so determined; and

(b) shall then proceed to enquire formally into the matter,

and the provisions of section 13 and section 14(2) to (4) and (6) shall have effect mutatis mutandis in relation to, and in consequence of, such an enquiry by the Council as those provisions have in relation to and in consequence of, an enquiry by the Council into an allegation made against a registered medical practitioner of disgraceful conduct in a pro fessional respect.

Voluntary removal

16 Any registered medical practitioner may apply to the Permanent Secretary to have his name removed from the register and upon receiving any such application the Permanent Secretary shall cause his name to be removed accordingly.

Suspension

17 (1) Where it appears to the Council that a registered medical practitioner—

(a) is inefficient or negligent in carrying out his professional functions; or

(b) has become incapable of properly carrying out his pro fessional functions by reason of old age or mental or bodily infirmity; or

(d) throughout the period of three years immediately pre ceding the time when the Council consider the matter did not meet one or other of the following conditions (but so that proof of the contrary shall be upon him), that is to say—

(i) he practised medicine or surgery in Bermuda;

(ii) he practised medicine or surgery somewhere; or

(e) having been registered as a specialist, has practised medicine or surgery in Bermuda otherwise than in ac cordance with the terms of his registration as a special ist; or

(f) has contravened the duty imposed on him by section 13A(6) of the Bermuda Hospitals Board Act 1970 (fees);[title 11 item 26]

the Council, after holding an enquiry into the matter, may, if they find the matter proved, decide to suspend the registered medical practitioner from the practice of medicine and surgery for such period as they think fit, or, where the circumstances so require, for an indefinite period.

(2) The provisions of sections 13 and 14—

(a) which relate to enquiries held by the Council; and

(b) which relate to notification of the findings and decisions of the Council; and

under the said sections 13 and 14, shall apply as nearly as may be to enquires held by the Council under this section and to connected mat ters arising therefrom:

Provided that in any case where a registered medical practitioner is suspended from practice under this section his name shall not be struck off the register and he shall not be required to return his certifi cate of registration.

(3) A medical practitioner suspended from practice under this section shall, until the termination of the suspension under section 18, be deemed for the purposes of sections 2 and 4, and for the purposes of any other Act, not to be a registered medical practitioner.

[Section 17 amended by 1996:17 effective 8 July 1996]

Reprimand

18 (1) Where it appears to the Council that a condition specified in section 17(1)(a), (b), (c), (e) or (f) obtains in the case of a registered medi cal practitioner, the Council may, subject to subsection (2) of this sec tion, direct the Permanent Secretary to record in the register, against the name of the registered medical practitioner, a reprimand in such terms as the Council consider appropriate to the circumstances of the case.

(2) The provisions of sections 13 and 14 relating to enquiries to be held by the Council, notification of findings and decisions of the Council and a right of appeal against any such finding or decision shall apply as nearly as may be in relation to any proceedings under this sec tion as those provisions apply in relation to proceedings under those sections.

Restoration of name

19 (1) Where—

(a) the name of a medical practitioner has been struck off the register under section 14 or 15 or summarily struck off under section 28; or

(b) the name of a medical practitioner has been removed from the register under section 16; or

the medical practitioner, at any time after the expiration of three months from the date of the striking off, removal or suspension, as the case may be, shall be entitled to apply from time to time to the Council for his name to be restored to the register or, as the case may be, for the sus pension to be terminated.

(2) Upon any such application as aforesaid the Council, having regard, as in the circumstances may be material—

(a) to the character of the medical practitioner;

(b) to his conduct subsequent to his name being struck off or subsequent to his suspension;

(d) to his professional ability; and

(e) to the other circumstances of the case,

may decide that his name be restored to the register or, as the case may be, that the suspension be terminated.

(3) The Council, in connection with a decision made under subsection (2), may declare it to be a condition of the restoration of the name of a medical practitioner to the register, or of the termination of his suspension from practice, that the medical practitioner shall pass a fresh qualifying examination as though he were, for the purposes of section 7, a duly eligible applicant for registration.

(4) The Council shall in every case inform the Permanent Sec retary of their decision under subsection (2); and the Permanent Secre tary shall take such steps—

(a) to inform the medical practitioner accordingly;

(b) to make such entries, deletions or otherwise in the reg ister; and

as in the circumstances may be necessary to give effect to the decision.

(5) Where the Council do not decide that the name of a medical practitioner should be restored to the register or, as the case may be, that his suspension from practice should be terminated, the medical practitioner may appeal to the Governor in the manner provided in sec tion 25.

Armed forces medical officers

20 (1) A medical officer of the armed forces, during any period while he is in Bermuda, shall by virtue of his appointment, and subject as hereinafter in this section provided, have the powers and privileges conferred by this or any other Act upon a medical practitioner, and shall for the purposes of this Act be an exempted medical practitioner:

Provided that for the purposes of sections 2, 3 and 4 a medical officer of the armed forces shall not, (except to the extent to which he may be specifically permitted to do otherwise by virtue of subsection (2), and except in case of emergency which shall be interpreted liberally) be entitled to practise medicine or surgery—

(a) except upon or in relation to a person who is a member of the armed forces; or

(b) except upon or in relation to a person who is employed
directly by the armed forces; or

(d) where the medical officer is a medical officer of the naval, military or air forces of Her Majesty, except upon or in relation to the following persons (in addition to those persons mentioned in the foregoing paragraphs of this proviso)—

(i) a person who is a member of any cadet corps maintained in Bermuda, where such person is in annual camp or is otherwise undergoing ac tual military training;

(ii) a person who is employed by the Navy, Army and Air Force Institutes;

(iii) a person who is eligible for payment of a pension in respect of any disablement occurring as a re sult of service in the naval, military or air forces of Her Majesty, where such person is undergoing medical or surgical treatment with a view to the amelioration of the condition which gives rise to his eligibility for the payment of the pension in question; and

(iv) a person who is entitled by virtue of the provi sions of any Act of the Parliament of the United Kingdom relating to health services, or of any regulation, order or rule made thereunder, to re ceive without charge medical or surgical treat ment in Bermuda.

(2) Notwithstanding anything in subsection (1), where it ap pears to the Governor, acting in his discretion after consultation with the Council, to be in the public interest to do so, the Governor, acting in his discretion, may by permission in writing authorize a medical officer of the armed forces to practise medicine or surgery otherwise than as men tioned in the proviso to subsection (1) but subject to such conditions or limitations as the Governor acting in his discretion thinks fit to impose; and the practice of medicine and surgery by a medical officer of the armed forces in accordance with the terms of any such permission shall not be a contravention of this section.

(3) In this section—

(a) "armed forces" means any of the naval, military or air forces of Her Majesty or of the United States of America;

(b) "medical officer", in relation to any of the armed forces, means a medical officer holding a commission therein.

Authorized visiting practitioner

21 (1) Notwithstanding anything in the foregoing provisions of this Act, it shall be lawful for the Council, subject to this section, to authorize for special reasons a person lawfully practising medicine or surgery overseas (in this Act re ferred to as an "authorized visiting practitioner") to practise medicine or surgery in Bermuda for a limited period and subject to such conditions and restrictions as the Council may think fit to impose; and subject to the terms of the authorization and to this section, any such person as aforesaid shall have the powers and privileges conferred by this or any other Act upon a registered medical practitioner, and shall for the pur poses of this Act be an exempted medical practitioner.

(2) The following provisions shall have effect with respect to the granting to an authorized visiting practitioner of an authorization to practise medicine or surgery—

(a) the Council shall satisfy themselves—

(i) as to the need for the authorization; and

(ii) as to the professional qualifications; and general suitability of the authorized visiting practitioner to satisfy that need;

(b) the authorization shall be in the prescribed form;

(c) the authorization shall not be expressed to have effect for a period longer than three months from the date of its being granted, subject to a power of the Council to extend the period by a further period of six weeks;

(d) the authorization shall specify the nature of the practice which is permitted;

(e) the authorization shall specify such other special condi tions or restrictions connected with the practice of medicine or surgery in Bermuda by the authorized vis iting practitioner as the Council may think fit to impose.

(3) An authorized visiting practitioner shall not sign any certifi-
cate required under any Act to be signed by a medical practitioner; and any such certificate purporting to be signed by an authorized visiting practitioner shall be of no effect.

(4) An authorization granted under this section shall be revo cable by the Council at any time during its period of validity; and upon its revocation the authorization shall cease to be of any effect.

(5) Any person (whether or not a medical practitioner) aggrieved by a refusal of the Council to grant an authorization under this section or by the revocation by the Council of any such authorization, and any authorized visiting practitioner aggrieved by any term contained in any such authorization, may appeal against such refusal, revocation or term, as the case may be, to the Governor in the manner provided in section 25.

Locum tenens

22 (1) Notwithstanding anything in the foregoing provisions of this Act, where it appears to the Council that any registered medical practi tioner is leaving Bermuda for a substantial period of time and that it is desirable that another person should undertake his duties as a medical practitioner for the period during which the registered medical practi tioner is absent from Bermuda then the Council may, subject to this section, authorize a qualified person (hereinafter in this Act referred to as a "locum tenens") to practise medicine or surgery in Bermuda for the purpose of discharging those duties; and subject to the terms of the au thorization and to this section, any such locum tenens shall have the powers and privileges conferred by this or any other Act upon a regis tered medical practitioner and shall, for the purposes of this Act, be an exempted medical practitioner.

(2) The Second Schedule shall have effect as to the grant of authorizations for the practice of medicine or surgery under this section.

(3) An authorization granted under this section shall be revo cable by the Council at any time during its period of validity; and upon its revocation the authorization shall cease to be of any effect.

(4) Any person aggrieved by a refusal of the Council to grant an authorization under this section or by the revocation by the Council of any such authorization and any locum tenens aggrieved by any term contained in any such authorization may appeal against such refusal, revocation or term, as the case may be, to the Governor in the manner provided in section 25.

(5) Nothing in this section shall be construed so as to abridge or derogate from the Bermuda Immigration and Protection Act 1956 [title 5 item 16].

Hospital interns

23 (1) A hospital intern, during any period he is employed as such in the King Edward VII Memorial Hospital or in any other approved hos pital, shall by virtue of his employment, and subject as hereinafter pro vided, have the powers and privileges conferred by this or any other Act upon a registered medical practitioner, and shall for the purposes of this Act be an exempted medical practitioner:

Provided that for the purposes of sections 2, 3 and 4 a hospital intern shall not (except in case of emergency) be entitled to practise medicine and surgery—

(a) except upon or in relation to a person who is a patient in the hospital in which he is employed; and

(b) except under the effective supervision of a registered medical practitioner.

(2) A hospital intern shall not sign any certificate required un der any Act to be signed by a medical practitioner, and any such certifi cate purporting to be signed by a hospital intern shall be of no effect.

(3) In this section—

(a) "hospital intern" means a person—

(i) who is entitled, by virtue of a degree, diploma or other qualification, to practise medicine or surgery outside Bermuda; and

(ii) who is employed on a temporary basis in the King Edward VII Memorial Hospital or in any other approved hospital for the purpose of ob taining experience in the practice of medicine or surgery;

(iii) whose terms of employment require his practice of medicine or surgery to be limited to practice upon or in relation to patients in the hospital in which he is employed, and to be limited to prac tice under the effective supervision of a regis tered medical practitioner; and

(b) "approved hospital" means a hospital or institution other than the King Edward VII Memorial Hospital

which is for the purposes of this section approved by the Minister in consultation with the Council.

Unauthorized practice by section 20 21 22 or 23 exempted practi tioner

24 Any exempted medical practitioner who practises medicine or surgery in Bermuda otherwise than in accordance with (as the case may be) section 20, section 21, section 22 or section 23 commits an offence against this Act.

Punishment on summary conviction: a fine of $1680.

Appeals

25 Where a person is aggrieved by any decision of the Council in re spect of which an appeal is allowed under this Act, he may, within seven days of receiving any notice communicating that decision to him, appeal to the Governor by notice in writing addressed to the Secretary to the Cabinet and the Governor shall determine any such appeal, and may make such order as appears to him just; and the Council and the Per manent Secretary, (in so far as regards their duties under this Act) shall govern themselves accordingly.

Unqualified person signing medical certificate

26 Without prejudice to any provision of this or any other Act, a person who, not being a registered medical practitioner or a medical offi cer of the armed forces, signs any certificate required by any Act to be signed by a medical practitioner or any document purporting to be such a certificate, commits an offence against this Act.

Punishment on summary conviction: a fine of $840 or imprisonment for 3 months or both such fine and imprisonment.

False statements

27 Any person who, in connection with any application or other matter falling to be performed under this Act—

(a) makes any statement knowing or having reason to be lieve it to be false in a material particular; or

(b) produces any certificate, diploma or other document knowing or having reason to believe the same to be false,

without prejudice to anything in the Criminal Code [title 8 item 31], commits an offence against this Act.

Punishment on summary conviction: a fine of $1680 or imprisonment for 6 months or both such fine and imprisonment.

Punishment on conviction on indictment: a fine of $8400 or imprison ment for 12 months or both such fine and imprisonment.

Striking off on conviction under section 27

28 Where any person is convicted of an offence under section 27, if his name has already been entered in the register, it may, at the discre tion of the Minister, be summarily struck off the register.

Saving for ship's surgeons

29 Nothing in the foregoing provisions of this Act shall be construed so as to prevent the practice of medicine or surgery by any medical prac titioner employed as such in any ship or aircraft which is not registered in Bermuda, in so far as such practice is confined—

(a) to practice on board the ship or aircraft in question; and

(b) to practice upon or in relation to members of the crew of the ship or aircraft or to persons who are bona fide pas sengers upon that ship or aircraft.

Minister may make regulations

30 (1) The Minister may make regulations for carrying this Act into effect; and without prejudice to the generality of the foregoing provi sion such regulations may provide—

(a) for prescribing the forms, notices or other documents to be used for any of the purposes of this Act;

(b) for specifying the manner in which notices shall or may be served;

(d) for prescribing any other matter or thing which by or under this Act may be or is to be prescribed.

(2) [omitted] [covered by Interpretation Act 1951 section 35]

(3) The negative resolution procedure shall apply to regulations made under this section.

(4) [omitted] [covered by Interpretation Act 1951 section 35]

(5) The Minister shall consult the Council before making, re voking or varying any regulations under this section.

References to medical practitioners in other Acts

31 Any reference in any other Act to a medical practitioner or to a registered medical practitioner shall, unless the context otherwise re quires, and subject as hereinafter provided, be construed as a reference to a medical practitioner who is by virtue of this Act a registered or ex empted medical practitioner:

Provided that where any reference as aforesaid in any other Act relates to the issue or signature of any certificate relating to the health or illness of any person, or to the death or cause of death of any person, or to the still birth of any child or to the sanitary condition of any premises, then any such reference shall, unless the context otherwise requires, be construed as a reference to a medical practitioner who is for the pur poses of this Act a registered medical practitioner or a medical officer of the armed forces.

Transitional provisions

32 [omitted]

Commencement

33 [omitted]

[This Act was brought into operation on 1 November 1950 by GN 44/1950]

FIRST SCHEDULE (Section 5(8))

Bermuda Medical Council

1 A meeting of the Council may not be held unless two members of the Council, being members entitled to vote at meetings of the Council, and the Chief Medical Officer in addition, are present.

2 The Chairman or, in his absence, the Vice-Chairman, shall pre side at any meeting of the Council.

3 All acts of the Council shall be decided by the votes of a majority of the members present at any meeting, so, however, that—

(a) if the votes are equal the person presiding shall have, in addition to his vote as a member of the Council, a cast ing vote; and

(b) neither the Chief Medical Officer nor either of the mem bers of the Council appointed under section 5(3)(b) shall have a vote.

4 Subject to sections 7 and 8, the Council may constitute com mittees, with power to appoint to serve on such committees, along with one or more members of the Council, persons who are not members of the Council, and to delegate to any such committee such of the Council's functions as the Council think it, but without prejudice to the right of the Council themselves to exercise any function so delegated.

5 The validity of any act or proceeding of the Council shall not be affected by any vacancy among the members of the Council or by any defect in the appointment of a member of the Council.

6 A member of the Council (other than the Chief Medical Officer) may at any time resign his office by letter addressed to the Minister.

7 Subject to this Act the Council shall regulate their affairs as they think fit.

SECOND SCHEDULE (Section 22(2))

Authorizations for Locum Tenentes

1 It shall be the duty of the Council to satisfy themselves as to the need for an authorization to be granted, and as to the professional and other suitability of any person in respect of whom an authorization is sought to satisfy that need.

2 Every authorization shall specify the nature and extent of the practice which it authorizes.

3 The Council may attach to the grant of an authorization such conditions as they think fit, but so that, except as provided in paragraph 4, every authorization shall be subject to the following restrictions—

(a) any one authorization shall not be valid for any period in excess of three months;

(b) an authorization shall not be granted to any person after the expiration of one year commencing on the date on which an authorization was first granted to him after the commencement of the Medical Practitioners Amendment Act 1980 (in this Schedule called the "locum year");

Bermuda Consolidated Legislation

Medical Practitioners Act 1950