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The Health Care Profession Act, 2003 (Bill No. 13)

SCHEDULES
First Schedule Rules of Procedure and other rules relating to Councils and
Specialist Accreditation Committees
Second Schedule Recognised Qualifications
Third Schedule Professions Complementary to Medicine
Fourth Schedule Professional Associations
Fifth Schedule Specialist Registers
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A BILL

entitled

AN ACT to regulate the Practice of Health Care Professions in

Malta.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I

Title and commencement.

PRELIMINARY

1. (1) The short title of this Act is the Health Care

Professions Act, 2003.
(2) This Act shall come into force on such date as the Minister responsible for health may by notice in the Gazette appoint, and different dates may be so appointed for different purposes and for different provisions of this Act.

Interpretation. 2. In this Act, unless the context otherwise requires -

"Council for Nurses and Midwives" means the Council established by article 21;
"Council for the Professions Complementary to Medicine" means the Council established by article 26;
"European Union" means the European Union referred to in the
Treaty;
"good conduct" means conduct to the satisfaction of the relevant
Council;
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Act;
"health care profession" means a profession regulated by this
"health care professional" means a person who is authorised to practise a health care profession in accordance with the provisions of this Act;
"legal practitioner" means a person who has practised as an advocate in Malta for a period of, or periods amounting in the aggregate to, not less than seven years;
"Medical Council" means the Council established by article 9; "Member State" means a State which is a member of the
European Union or such State as the Minister may prescribe;
"Minister" means the Minister responsible for health;
15;
"Pharmacy Council" means the Council established by article
"practice" in respect of any health care professional means the taking up and, or pursuit of the respective profession and includes the provision of services;
"prescribed" means laid down by regulations in accordance with the provisions of this Act;
"professional and ethical standards" includes standards relating to the general conduct of a member of a health care profession, including the behaviour of such member towards his client or the patient under his care or being attended by him, during or consequential to the exercise of his profession, and the behaviour of such member towards other members of his profession and towards members of other health care professions and towards society;
"professional complementary to medicine" means a health care professional whose name is entered in the Registers of Professions Complementary to Medicine referred to in article 28;
"relevant Council" means:-
(a) in relation to medical practitioners and dental surgeons, the Medical Council;
(b) in relation to pharmacists and pharmacy technicians, the Pharmacy Council;
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(c) in relation to nurses and midwives, the Council for
Nurses and Midwives; and
(d) in relation to the Professions Complementary to Medicine, the Council for the Professions Complementary to Medicine;
"specialist" means a health care professional whose name is entered in the appropriate part of the specialist register kept by the relevant Council in accordance with this Act;

Act V of 2003. Practice of a

health care profession and use of professional title.

Concurrent practice.

"Specialist Accreditation Committee" means a committee set up under article 30;
"the Treaty" has the same meaning as is assigned to it in article
2 of the European Union Act, 2003.

3. (1) No person shall practise a health care profession unless he fulfills the conditions for the taking up and pursuit of that health care profession in Malta, in accordance with the provisions of this Act.

(2) No person shall be entitled to use any professional title or titles, as the case may be, corresponding to a health care profession, unless he fulfills the conditions for the taking up and pursuit of that health care profession in Malta.
(3) A health care professional, who is a citizen of Malta or a person otherwise legally entitled or authorised to work in Malta, and who fulfils the conditions for the taking up and pursuit of his respective profession in Malta, shall be entitled to use his lawful academic title or titles, as the case may be, and where appropriate, the abbreviation thereof deriving from his country of origin or the country from which he comes, in the language of that country:
Provided that the relevant Council may require this lawful academic title to be followed by the name and location of the establishment or examining board which awarded it.

4. It shall not be lawful for a health care professional to practise any two or more of the health care professions concurrently:

Provided that, the Minister may, upon a recommendation of the relevant Council or Councils, prescribe the circumstances in which any health care professional may practise more than one health care profession concurrently.
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5. (1) Health care professionals shall, in the practice of their profession, be subject to special supervision by the relevant Council.

(2) For the purposes of this Act, "special supervision" means the supervision, by the relevant Council, of the professional and ethical standards as prescribed by the relevant Council established under this Act, over the respective health care professional.

6. (1) The procedure and other rules relating to Councils set out in the First Schedule shall apply to and be followed by the Medical Council, the Pharmacy Council, the Councils for Nurses and Midwives and the Council for the Professions Complementary to Medicine and by each of the Specialist Accreditation Committees.

(2) Where not otherwise provided in thge First Schedule or in the Rules of Procedure that may be prescribed, each of the Councils and Committees referred to in subarticle (1) may regulate its own procedures.

PART II

MEDICAL PRACTITIONERS AND DENTAL SURGEONS

7. (1) No person shall practise as a medical practitioner unless he holds a licence for that purpose issued by the President of Malta.

(2) No person shall qualify for a licence to prectise as a medical practitioner unless -
(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in the Medical Register, in accordance with article 11.
(3) Notwithstanding the provisions of subarticle (1), a person who has qualified for the degree of Doctor of medicine and surgery of the University of Malta, or a person who is so required to do in virtue of the provisions of article 11(1)(c), may practise as a house physician and, or surgeon in a government hospital or other hospital recognized for such purpose by the Medical Council, and in the performance of the duties assigned to him in that capacity such person shall, for all purposes of law, be deemed to be a medical practitioner.

Health care professions subject to supervision.

Procedure of relevant Councils.

Conditions to practise as a medical practitioner.

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Conditions to practise as dental surgeon.

The Medical

Council.

(4) In regard to any person exercising the medical profession as provided in subarticle (3), the functions of the Medical Council under article 32 shall include the power to inflict any penalty applicable to medical practitioners and to order that such person shall not practise the medical profession even as a house physician and, or surgeon in a government hospital or other hospital recognized by the Medical Council for the purpose, and that his name shall not be entered in the Medical Register; and where any such order has been made, it shall, for the purposes of this Act, have effect as if the name of such person had been erased from the said Register.

8. (1) No person shall practise as a dental surgeon unless he holds a licence for that purpose issued by the President of Malta.

(2) No person shall qualify for a licence to prectise as a dental surgeon unless -
(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in the Register of Dental
Surgeons referred to in article 12.

9. There shall be a Council to be called the Medical Council, which shall consist of the following members:

(a) a President appointed by the Prime Minister, from among legal practitioners;
(b) one licensed medical practitioner appointed by the
Prime Minister,
(c) one licensed medical practitioner appointed by the
University of Malta;
(d) one licensed dental surgeon appointed by the Prime
Minister;
(e) five licensed medical practitioners elected from amongst and by all medical practitioners, at least one of whom must be a hospital-based specialist and another a general practitioner;
(f) two licensed dental surgeons elected from amongst and by all dental surgeons; and
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(g) two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister.

10. (1) The functions of the Medical Council shall be:

(a) to recommend to the President of Malta the granting of licences to medical practitioners and dental surgeons to practise their profession;
(b) to recommend to the President of Malta the withdrawal of licences in respect of any medical practitioner or dental surgeon, in accordance with Part VII of this Act;
(c) to keep, publish and update registers in respect of the medical and dental professions, and specialist registers of the medical and dental professions as may be prescribed;
(d) to prescribe and maintain professional and ethical standards for the medical and dental professions;
(e) to levy such fees, from its registered medical practitioners and dental surgeons, for initial registration and yearly retention fees thereafter, as may be prescribed in consultation with those associations representing the majority of medical and dental surgeons respectively, and any other body which is deemed appropriate by the Council;
(f) at the request of the Minister, or otherwise, to advise the Minister on any matter affecting the medical and dental professions;
(g) to perform any other function that may be assigned to it by this Act or any otyher law.
(2) The Medical Council may set up committees for the purpose of enforcing professional and ethical standards applicable to the health care professions regulated by it and generally in order to better perform its functions.
(3) Subject to any rules made for it by the Medical Council or to any rule that may be prescribed, any committee established under subarticle (2) may regulate its own procedure.
(4) The Medical Council shall publish an annual activity report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council during the year.

Functions of the Medical Council.

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Medical

Register.

11. (1) The Medical Council shall keep a register, in this Act referred to as "the Medical Register", in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State, who holds -

(a) the degree of Doctor of Medicine and Surgery from the University of Malta:
Provided that the Medical Council shall not enter such name unless the applicant, upon qualifying for such degree, has served as a house physician and, or surgeon in a government hospital or other hospital recognized for that purpose by the Medical Council for a period of one or two years as the Minister may prescribe; or
(b) any of the qualifications listed in Part I of the
Second Schedule; or
(c) a qualification, obtained from any other university, college or medical school recognized for the purpose by the Medical Council:
Provided that the Medical Council may, in respect of such qualification, require the applicant to sit for and pass a professional and linguistic proficiency test, and may also require that he serves as house physician and, or surgeon in a hospital recognized for the purpose by the Medical Council, for such period, being not longer than two years, as the Minister may prescribe, and the provisions of article 7(3) and (4) shall apply to a person required in virtue of this proviso to serve as a house physician or surgeon as if such person were the person referred to in those subarticles.
(2) The Medical Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Medical Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree of Doctor of Medicine and Surgery of the University of Malta or a qualification listed in Part I of the Second Schedule or any other qualification recognised for that purpose by the Medical Council.
(3) The Medical Council shall keep a list of provisional registration in which shall be entered, upon an application to this effect by the person concerned, the name of every person who holds the degree of Doctor of Medicine and Surgery from the University of
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Malta or a qualification recognized by the Medical Council obtained from any other university, college or medical council, and who is serving as a house physician and, or surgeon at a hospital recognized by the Medical Council in terms of this Act.

12. (1) The Medical Council shall keep a register, in this Act referred to as "the Register of Dental Surgeons", in which, following an application to this effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State who holds -

(a) a degree in Dental Surgery from the University of
Malta, or;
(b) any of the qualifications listed in Part II of the
Second Schedule; or;
(c) a qualification, obtained from any other University, College or Medical School recognized for the purpose by the Medical Council:
Provided that the Medical Council may, in respect of such qualification, require the applicant to sit for and pass a professional and linguistic proficiency test.
(2) The Medical Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree in Dental Surgery of the University of Malta or a qualification listed in Part II of the Second Schedule or any other qualification recognised by the Medical Council for the purpose.

PART III

PHARMACISTS AND PHARMACY TECHNICIANS

13. No person shall practise the profession of pharmacist unless he holds a licence for that purpose issued by the President of Malta.

(2) No person shall qualify for a licence to prectise as a pharmacist unless -
(a) he is a citizen of Malta, or of a Member State or is otherwise legally entitled or authorised to work in Malta;

Register of Dental surgeons.

Conditions to practise as a pharmacist.

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(b) he is of good conduct;

Conditions to practise as a Pharmacy Technician.

The Pharmacy

Council.

Functions of the Pharmacy Council.

(c) his name is entered in the Register of Pharmacists referred to in article 17.

14. No person shall practise as a pharmacy technician unless - (a) he is a citizen of Malta, or of a Member State or is

otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in the Register of Pharmacy
Technicians, referred to in article 18.

15. There shall be a Council to be called the Pharmacy

Council, and which shall consist of the following members:
(a) a President appointed by the Prime Minister, from amongst legal practitioners;
(b) one licensed pharmacist appointed by the Prime
Minister;
(c) one licensed pharmacist appointed by the University of Malta;
(d) five licensed pharmacists elected from amongst and by all licensed pharmacists;
(e) one registered pharmacy technician elected from amongst all registered pharmacy technicians;
(f) two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister:
Provided that, when the Pharmacy Council is discussing pharmacy technicians or deciding on any matter relating to a pharmacy technician, there shall also sit on the Pharmacy Council two other pharmacy technicians, one of whom being elected from amongst and by all pharmacy technicians and the other appointed by the Prime Minister.

16. (1) The functions of the Pharmacy Council shall be:

(a) to recommend to the President of Malta the granting of licences to pharmacists to practise their profession;
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(b) to recommend to the President of Malta the withdrawal of licences in respect of any pharmacist in accordance with article 38;
(c) to keep, publish and update registers in respect of the pharmaceutical profession, and specialist registers of the pharmaceutical profession as may be prescribed, as well as registers for special areas of practice, as may be determined by the Pharmacy Council;
(d) to prescribe and maintain professional and ethical standards for pharmacists and pharmacy technicians;
(e) to levy such fees, from registered pharmacists and pharmacy technicians, for initial registration and yearly retention fees thereafter, as may be prescribed in consultation with such associations as appropriate;
(f) at the request of the Minister or otherwise, to advise the Minister on any matter affecting the pharmaceutical profession, either on its own accord or as referred to it by the Minister;
(2) The Pharmacy Council may set up committees for the purposes of enforcing professional and ethical standards applicable to pharmacists and pharmacy technicians, and generally in order top better perform its functions.
(3) Subject to any rules made for it by the Pharmacy Council or to any rule that may be prescribed, any committee established under subarticle (2) may regulate its own procedure.
(4) The Pharmacy Council shall publish an annual activity report, not later than the end of the first quarter of the year reported upon, containing a statement of the activities carried out or pursued by the Council during the year.

17. (1) The Pharmacy Council shall keep a register, in this Act referred to as "the Register of Pharmacists" in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State who holds -

Register of

Pharmacists.

(a) a degree in pharmacy from the University of Malta;
or
(b) a qualification listed in Part III of the Second
Schedule; or
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(c) a qualification in pharmacy, obtained from any other university, college or school recognized by the Pharmacy Council for the purpose:
Provided that the Pharmacy Council may, in respect of such qualification, require the applicant to sit for and pass a professional and linguistic proficiency test and may also require that the applicant undergoes further training in pharmacy in a pharmaceutical establishment recognized for the purpose by the said Council.

Register of Pharmacy Technicians.

Cap. 451.

(2) The Pharmacy Council shall, following an application to that effect by the person concerned, keep a register in which, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, shall be entered the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree in Pharmacy of the University of Malta or a qualification listed in Part III of the Second Schedule or any other qualification recognised by the Pharmacy Council.

18. (1) The Pharmacy Council shall keep a register, in this Act referred to as the "Register of Pharmacy Technicians", in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State who holds -

(a) such qualification in the practice of the profession of pharmacy technician as may be prescribed obtained from the University of Malta or from a training institution recognised by the Pharmacy Council; or
(b) an equivalent qualification obtained from a University, College or training institution within a Member State; or
(c) any other qualification recognized by the said
Council:
Provided that the Pharmacy Council may, in respect of such qualification, require the applicant to sit for and pass a professional and linguistic proficiency test.
(2) For the purposes of subarticle (1)(b), the provisions of the Mutual Recognition of Qualifications Act, and of any regulations made thereunder, shall apply in respect of education and training qualifications, evidence of professional experience, adaptation period and aptitude test.
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(3) The Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds a qualification described in subarticle (1)(a), (b) or (c).

PART IV

NURSES AND MIDWIVES

19. No person shall practise the midwifery profession unless he holds a licence for that purpose issued by the President of Malta.

(2) No person shall qualify for a licence to prectise as a midwife unless -
(a) he is a citizen of Malta or of a Member State is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) he is entered in the Register of Midwives, referred to in article 23.

20. (1) Without prejudice to the provisions of subarticle (2), no person shall practise the nursing profession unless -

(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in any part of the Register of
Nurses, referred to in article 24.
(2) (a) No second level registered nurse may practise his profession unless under the supervision of a first level registered nurse or, in the absence of a first level registered nurse, under the direction of a medical practitioner.
(b) It shall not be lawful for a person whose name is entered in a special part, but not in Part I of the Register of Nurses, to practise the nursing profession except in the special area in respect of which he is registered or as a second level registered nurse outside the special area in respect of which he is registered.

Conditions to practise midwifery profession.

Conditions to practise nursing profession.

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The Council for Nurses and Midwives.

Functions of the Council for Nurses and Midwives.

21. There shall be a Council to be called the Council for

Nurses and Midwives, which shall consist of the following members:
(a) a President appointed by the Prime Minister, from amongst legal practitioners;
(b) the Director of Nursing Services, ex officio;
(c) one first level registered nurse appointed by the
Prime Minister;
(d) one licensed midwife appointed by the Prime
Minister;
(e) five registered nurses elected from amongst and by all nurses, one of whom shall be a second level registered nurse and another shall be a nurse whose name is entered in any of the special parts of the Register of Nurses;
(f) two licensed midwives elected from amongst and by all midwives; and
(g) two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister.

22. (1) The functions of the Council for Nurses and

Midwives shall be:
(a) to recommend to the President of Malta the granting of licences to midwives to practise their profession;
(b) to recommend to the President of Malta the withdrawal of licences in respect of any midwife in accordance with article 38;
(c) to keep, publish and update registers in respect of the nursing and midwifery professions;
(d) to prescribe and maintain professional and ethical standards for the nursing and midwifery professions;
(e) to levy such fees, from registered nurses and midwives, for initial registration and yearly retention fees thereafter, as may be prescribed, in consultation with such associations as appropriate;
(f) at the request of the Minister or otherwise, to advise the Minister on any matter affecting the nursing and midwifery
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professions;
(g) to perform any other function that may be assigned to it by this Act or any other law.
(2) The Council for Nurses and Midwifery may set up committees for the purposes of enforcing professional and ethical standards applicable to nurses and midwives and generally in order to better perform its functions.
(3) Subject to any rules made for it by the Council for Nurses and Midwives or to any rule that may be prescribed, any committee established under subarticle (2) may regulate its own procedure.
(4) The Council for Nurses and Midwives shall publish an annual activity report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council for Nurses and Midwives during the year.

23. (1) The Council for Nurses and Midwives shall keep a register, in this Act referred to as "the Register of Midwives" in which, upon an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State, who holds -

(a) the degree or diploma in midwifery studies from the University of Malta; or the equivalent midwifery qualification granted by the School of Nursing; or
(b) a qualification in midwifery listed in Part IV of the
Second Schedule; or
(c) a qualification in midwifery, obtained from any other university, college or midwifery school recognized by the said Council:
Provided that the Council may, in respect of such qualification, require that the applicant sits and passes a professional and linguistic proficiency test.
(2) The Council for Nurses and Midwives shall keep a register in which, upon an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council for Nurses and Midwives may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree or diploma in midwifery studies granted by the University of Malta, or the

Register of

Midwives.

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Register of

Nurses.

equivalent qualification granted by the School of Nursing or a qualification listed in Part IV of the Second Schedule or any other qualification recognised by the Council for Nurses and Midwives.

24. (1) The Council for Nurses and Midwives shall keep a register, in this Act referred to as "the Register of Nurses", which shall consist of the following parts:

(a) Part I in respect of first level registered nurses;
and
(b) Part II in respect of second level registered nurses;
(c) Special Parts in respect of nurses trained in the different special areas recognized by the Council for Nurses and Midwives.
(2) There shall be entered in the respective Part of the
Register, upon an application to that effect by the person concerned -
(a) in Part I of the said Register, the name of any citizen of Malta, or Member State, who holds -
(i) the degree or diploma in nursing granted by the University of Malta, or the equivalent nursing qualification granted by the School of Nursing; or
(ii) a nursing qualification as listed in Part V of the Second Schedule; or
(iii) a nursing qualification, obtained from any other university, college or nursing school recognized by the Council for Nurses and Midwives:
Provided that the said Council may, in respect of such qualification, require the applicant to sit for and passe a professional and linguistic proficiency test;
(b) in Part II of the said Register the name of every citizen of Malta, or Member State, who -
(i) holds the certificate in nursing granted by the University of Malta, or the equivalent nursing qualification granted by the School of Nursing; or
(ii) an equivalent nursing qualification recognized by the said Council:
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Provided that the said Council may, in respect of such qualification, require the applicant to sit for and passe a professional and linguistic proficiency test;
(c) in the respective Special Parts of the said Register the name of every citizen of Malta, or Member State, who holds -
(i) a nursing qualification in a special area of nursing granted by the University of Malta or the equivalent nursing qualification granted by the School of Nursing; or
(ii) an equivalent nursing qualification, obtained from a university, college or nursing school within a Member State; or
(iii) an equivalent nursing qualification, obtained from any other university, college or nursing school recognized by the Council for Nurses and Midwives:
Provided that for the purposes of paragraph (c)(ii), the provisions of the Mutual Recognition of Qualifications Act, and of any regulations made thereunder, in respect of education and training, qualifications, evidence of professional experience, adaptation period and aptitude test, shall apply:
Provided further that the said Council may, in respect of the qualification referred to in paragraph (c)(iii), where it deems appropriate, require that the applicant sits for and passes a professional and linguistic proficiency test.
(3) The Council for Nurses and Midwives shall keep separate registers as described in subarticle (2)(a), (b) and (c) in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council for Nurses and Midwives may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree, diploma or qualification described in each of the paragraphs of subarticle (2).
(4) For the purposes of this article and of article 23, "School of Nursing" means the School of Nursing established under the Approved Schools Ordinance, now repealed.

Cap. 451.

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PART VI

Conditions to practise a Profession Complementary to Medicine.

Council for the Professions Complementary to Medicine.

PROFESSIONS COMPLEMENTARY TO MEDICINE

25. (1) No person shall practise any of the professions complementary to medicine unless his name is entered in the respective register kept by the Council for Professions Complementary to Medicine, in accordance with the provisions of this Act.

(2) No person shall qualify to be so registered unless -
(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) he is in possession of such qualification as may be prescribed with regard to a profession listed in article 28.

26. (1) There shall be a Council to be called "the Council for the Professions Complementary to Medicine", which shall consist of the following members:

(a) a President appointed by the Prime Minister from amongst legal practitioners;
(b) two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister;
(c) seven persons elected by and from amongst the professions regulated by the said Council:
Provided that, wherever possible, no profession regulated by the said Council shall be represented by more than one member elected under this paragraph;
(d) three persons appointed by the Prime Minister from amongst the professions regulated by the Council:
Provided that no profession regulated by the said Council shall be represented by more than one member appointed under this paragraph, and provided further that a profession regulated by the Council shall not be represented by an member appointed under this paragraph if it is already represented by a member elected under paragraph (c).
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(2) Where the Council for the Professions Complementary to Medicine proposes to discuss matters relating to one or more of the professions complementary to medicine not represented on the Council, two other members from the particular profession complementary to medicine under discussion, one of whom shall be elected by and from amongst the members of such profession, and the other appointed the Minister, shall also sit on the Council for the Professions Complementary to Medicine and attend all meetings in which such matters are proposed and to participate and vote thereat as if they were members appointed or elected under subarticle(1).
(3) At the first meeting after its constitution, the said Council shall set up sub-committees for each of the professions regulated by it, which shall discuss and deliberate upon specific matters pertaining to each of those professions and to report on and advise the Council thereon.
(4) Each sub-committee referred to in subarticle (3) shall consist of the following members:
(a) a Chairman nominated by the Council from among its members, and who shall be a person who is not registered as a member of the profession for which the particular sub- committee is set up; and
(b) two members nominated by the Council and who shall be persons who are registered as members of the profession for which the sub-committee is set up.

27. (1) The functions of the Council for the Professions

Complementary to Medicine shall be:
(a) to keep, publish and update separate registers in respect of the Professions Complementary to Medicine;
(b) to prescribe and maintain professional and ethical standards for the professions complementary to medicine;
(c) to levy such fees, from registered professionals for initial registration and yearly retention fees thereafter, as may be prescribed, in consultation with such associations as appropriate;
(d) at the request of the Minister or otherwise, to advise the Minister on any matter affecting the professions complementary to medicine;
(e) to perform any other function that may be assigned

Functions of the Council for Professions Complementary to Medicine.

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to it by this Act or any other law.
(2) The Council for the Professions Complementary to Medicine may set up committees for the purposes of enforcing professional and ethical standards applicable to the professions regulated by the Council, and in general in order to better perform its functions.
(3) Subject to any rules made for it by the Council for the Professions Complementary to Medicine or to any rule that may be prescribed, any committee established under subarticle (2) may regulate its own procedure.

Registers of Professions Complementary to Medicine.

(4) The Council for the Professions Complementary to Medicine shall publish an annual activity report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council for the Professions Complementary to Medicine during the year.

28. (1) The Council for the Professions Complementary to Medicine shall keep separate registers, in respect of each of the professions complementary to Medicine listed in the Third Schedule, to be known as the Registers of Professions Complementary to Medicine, in which, following an application to this effect by the person concerned, shall be entered the name of any citizen of Malta or of a Member State, who holds -

(a) such qualification, as may be prescribed, obtained from the University of Malta, or from a training institution, or after following a training course organised by the Department of Health, in the profession for which a separate Register is kept; or

Cap. 451.

(b) a qualification obtained from a Member State and recognised in accordance with the Mutual Recognition of Qualifications Act, or any regulations made thereunder; or
(c) a qualification in the said profession obtained from any other university, college or school recognized by the said Council:
Provided that for the purposes of such qualification, the said Council may require that the person concerned sits for and passes a professional and linguistic proficiency test.
(2) The Council for Professions Complementary to Medicine shall keep a separate register for each of the professions listed in the
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Third Schedule, in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds a degree, diploma or qualification referred to in subarticle (1)(a), (b) and (c).

PART VI

SPECIALISTS

29. (1) No person shall practise as, or hold out himself to be, a specialist unless his name is entered in the respective register kept for the registration of specialists by the relevant Council.

(2) It shall not be lawful for any person to assume, whether in writing or otherwise, any title or use, or be party to the use of any description implying that he is a specialist in any of the specialities of the professions regulated by this Act unless his name in entered in the register kept for the registration of specialists by the relevant Council.
(3) A health care professional, who is a citizen of Malta or a person otherwise legally entitled or authorised to work in Malta, and who fulfils the conditions for the taking up and pursuit of a speciality in Malta, shall be entitled to use his lawful professional and academic title or titles, as the case may be, and where appropriate, the abbreviation thereof deriving from their country of origin or the country from which they come, in the language of that country.
(4) Each relevant Council shall keep separate registers in which shall be entered, following an application to that effect by the person concerned, the name of every health care professional regulated by it who -
(a) is in possession of a certificate issued by the Specialist Accreditation Committee for the relevant profession, which shows that he has completed the prescribed specialist training for such speciality as may be prescribed; or
(b) is in possession of a specialist qualification listed in the Second Schedule; or
(c) is in possession of any specialist qualification recognized by the Specialist Accreditation Committee for the relevant profession:
Provided that the Specialist Accreditation Committee shall deem as being in possession of the qualification concerned any

Specialists.

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Specialist Accreditation Committees.

professional who, being a citizen of Malta or of a Member State, and whose qualifications in the speciality do not satisfy the minimum prescribed qualifications, but who is in possession of a certificate issued by the competent authority in a Member State of which he is a citizen or of the Member State from which the person comes stating that such person has been engaged in the specialised area of the profession concerned for a period which is such period of training that is prescribed for the speciality.

30. (1) There shall a Specialist Accreditation Committee for each of the following professions:

(a) for medical practitioners; (b) for dental surgeons;
(c) for pharmacists;
(d) for nurses and midwives;
(e) for professions complementary to medicine.
(2) Each Specialist Accreditation Committee shall be composed of the following members, each of whom shall be registered with the relevant Council as a member of the relevant profession, as follows:
(a) one member appointed by the relevant Council;
(b) one member, not being a member of the relevant Council, appointed by the Dean of the relevant Faculty or Director of the relevant Institute of the University of Malta;
(c) one member, not being a member of the relevant
Council, appointed by the Superintendent of Public Health;
(d) one member, not being a member of the relevant Council, appointed by each of the relevant professional associations.
(3) The members of a Specialist Accreditation Committee shall, every three years, elect a Chairman from among themselves.
(4) The members of the Specialist Accreditation Committee shall be so appointed for a term of three years, and may be re- appointed for a further term or terms.
(5) If by reason of resignation or for any other reason any
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member of a Specialist Accreditation Committee ceases to be a member, it shall be the duty of the body or association which appointed that member, to appoint another member in his stead.
(6) (a) The functions of each Specialist Accreditation
Committee shall be:
(i) to issue certificates of completion of specialist training in the specialities listed in the relevant part of the Fifth Schedule, upon the fulfillment of criteria recommended by the relevant professional associations listed in the Fourth Schedule;
(ii) to advise the Minister and the relevant Council on issues concerning specialist training and registration, and any other matter that may be referred to it;
(iii) to act as the advisory body for training in any of the special areas of practice;
(iv) to accredit post-graduate training programmes;
(v) to levy such fees for accreditation, as may be prescribed.
(b) Each Specialist Accreditation Committee shall publish an annual report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement on the activities carried out or pursued by the Committee during the year.
(7) Where a citizen of a Member State, who wishes to acquire a specialist qualification, is required to fulfill such conditions of training that may be prescribed, the relevant Specialist Accreditation Committee shall take into account, in whole or in part, periods of training completed by that person and attested by a qualification awarded by the state of which that person is a citizen, as well as any professional experience, additional training and continuing education which such person possesses.
(8) The Specialist Accreditation Committees shall regulate their own procedure.
(9) For the purposes of this article -
(a) "relevant professional association" means an association which is recognised by the Minister as fulfilling the requirements of Part I of the Fourth Schedule;
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(b) "speciality" is such speciality as is listed in the Fifth
Schedule or as may be prescribed.

PART VII

Disciplinary action by relevant Council.

Erasure from registers by Councils on grounds of conviction or infamous conduct.

Cap. 9.

DISCIPLINARY ACTION, OFFENCES AND ERASURE OF NAMES

31. (1) The relevant Council shall have the power, either on the complaint of any person or of its own motion, to investigate any allegation of professional misconduct or breach of ethics by a health care professional falling under its supervision.

(2) Any inquiry under subarticle (1) into the misconduct or other failure in terms of article 32(1)(b) and (c) shall be barred by the lapse of two years which shall run from the day from which the complainant or any of the complainants become or ought to have become aware of the facts or incidents that give rise to the complaint and in any case by the lapse of ten years from the date on which the alleged fact or incident was committed.
(3) The period of limitation referred to in subarticle (2) may be interrupted by any act of the inquiry served on the party being investigated.
(4) For the purposes of the foregoing provisions of this article, the relevant Council shall conclude the inquiry within a period of two years from the day on which any act of the inquiry proceedings is served on the party accused in respect of the fact or incident with which he is charged, except where the delay is occasioned through no fault of the relevant Council.
(5) For the purposes of the foregoing provisions of this article, "complainant" includes any person making a complaint to a relevant Council even though such person is not the injured party.

32. (1) If after due inquiry, the relevant Council has found that a health care professional falling under its authority -

(a) has been convicted by any court in Malta of any crime punishable by imprisonment for a term exceeding one year or of any of the crimes mentioned in articles 198 to 205 or in articles 206 to 209 of the Criminal Code; or
(b) has been guilty of professional or ethical misconduct in any respect; or
(c) in any other manner has failed to abide by the
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professional and ethical standards applicable to him,
then the relevant Council may direct any one or more of the following measures, that is:
(i) his name be erased from the appropriate register and, where appropriate, recommend to the President of Malta that the professional’s licence be withdrawn; or
(ii) his name be taken off such register for such period of time as the relevant Council may determine and, where appropriate, recommend to the President of Malta that the professional’s licence be also so suspended; or
(iii) a penalty, not exceeding such amount as may be prescribed, is inflicted on the health care professional concerned; or
(iv) the health care professional concerned is cautioned; or
(v) order that the health care professional undergoes such period of training or practice of the profession under supervision for such period as the relevant Council may determine.
(2) A licence issued by the President of Malta for the practice of a health care profession shall be deemed to be suspended during such period that the name of the licensed person is deleted from the register.

33. Any inquiry held by a relevant Council shall be without prejudice to any other criminal, civil, administrative or disciplinary proceedings which may be taken against the person concerned under the provisions of any other law.

34. Where the name of a health care professional has been erased from a register, the relevant Council may, if it thinks fit, at any time, either after an application to that effect by the person concerned or otherwise of its own motion, direct his name to be restored to the appropriate register:

Provided that an application for the restoration of a name to any register shall not be made to the relevant Council -
(a) before the expiration of eleven months from the date of erasure, or

Saving of proceedings under other laws.

Restoration of names to register.

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Fraudulent and incorrect registration.

Notification of decision of Council and appeal therefrom.

(b) within a period of eleven months after such an application has been made.

35. If a relevant Council is satisfied that any entry in any register kept by it under this Act has been fraudulently or incorrectly made, it may, by order in writing, direct that the entry shall be erased from such register, and where the registration has been fraudulently made, it may direct that no application by such person to have his name entered in the register shall be accepted before such tione as the Council may direct.

36. (1) Where under article 32 or article 38 a relevant Council determines that a person’s name shall be erased from the appropriate register, the registrar of the respective Council shall, within fourteen days from the day that the decision is taken by the relevant Council, serve on the person whose name is to be erased a notification of the decision of the Council, and shall, within the period of twenty-one days, also give notice thereof to the competent authority of each Member State.

(2) The decision of the relevant Council shall only take effect upon the expiry of the term prescribed in subarticle (4) for an appeal if no appeal is lodged, or subject to such modifications, if any on appeal, after the determination of the appeal.
(3) (a) Any notification required to be served in accordance with the provisions of subarticle (2) may be served by a registered letter addressed to the person on whom it is to be served at his address on the appropriate register or at his last known address, and shall, unless the contrary is proved, be deemed to have been served not later than the third day succeeding the day when posted, and in proving service it shall be sufficient to prove that the notification was properly addressed and posted and the letter was delivered.
(b) Failing notification by registered letter as provided in paragraph (a), notification may be made by:
(i) personal service by the registrar of the relevant
Council on the person concerned; or
(ii) by means of a judicial letter; or
(iii) failing (i) or (ii) by the publication of the decision in the Gazette.
(4) At any time within twenty-one days of the service of a notification the person on whom it was served may appeal to the Court of Appeal.
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(5) The Rule-Making Board established under article 29 of the Code of Organization and Civil Procedure may make rules concerning appeals under this article and prescribe the fees to be paid on such appeals.
(6) The Minister responsible for Justice may, after consulting the Minister, prescribe fees to be charged by the registrar of the court in connection with such appeals.
(7) The President of the respective Council shall appear as respondent on any appeal under this article in representation of the Council.
(8) Any costs or fees payable by the President of the Council in connection with any appeal under this article shall be paid by the Government in the same manner as costs or fees payable by it in a case to which it is a party.

37. (1) The President of the relevant Councils in any proceedings under articles 31, 34, 35, and 38 shall have power to summon any person to appear before the relative Council as witness to give evidence on oath and to produce documents and for these purposes they shall have the powers which are conferred by law on the First Hall of the Civil Court.

(2) Every summons shall be signed by the President of the relative Council, and may be served either personally or by registered post, and in the latter case, in proving service, it shall be sufficient to prove that the summons was properly addressed and posted.
(3) The oath referred to in subarticle (1) shall be administered by the President of the relative Council, or in his absence, by the person acting as Chairman.
(4) A relevant Council may appoint experts to assist it in its functions.

38. (1) If after due inquiry, a relevant Council finds that any health care professional is unfit to continue to practise his profession on account of some physical or mental infirmity, the respective Council shall order that his name be erased from the appropriate register.

(2) Without prejudice to the provisions of subarticle (1), a health care professional may make a request to the relevant Council to have his name erased from the appropriate register on account of some physical or mental infirmity.

Cap. 12.

Summoning of witnesses.

Erasure from register or list of provisional registration on ground of infirmity.

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(3) Any health care professional whose name is erased from the appropriate register in accordance with subarticles (1) and (2) may, at any time, make a request to have his name reinstated in the appropriate register.

Penalties for certain offences.

More serious offence.

Cap. 9.

Separate proceedings.

Request for registration.

(4) For the purposes of subarticle (3), the relevant Council shall, if after due inquiry it is satisfied that the health care professional concerned is no longer unfit to continue to practise his profession, reinstate that health care professional with immediate effect.

39. Any person who acts in contravention of the provisions of article 3(1) or (2) or article 29(1) or (2) shall be guilty of an offence and shall be liable -

(a) on a first conviction, to a fine (multa) of not less than one thousand liri, and
(b) on a second or subsequent conviction, to imprisonment for a term of not less than six months and not more than eighteen months or to a fine (multa) of not less than one thousand liri or to both such fine and imprisonment.

40. Where the facts of an offence constitute a more serious offence under the Criminal Code or any other law, the provisions of that Code or other law shall apply in respect of that offence.

41. Proceedings by a relevant Council under this Act shall be without prejudice to the taking of criminal action on the same facts against the party liable, and criminal action on such facts shall not be an obstacle to the taking of disciplinary action by the relevant Council.

PART VIII

REGISTRATION OF CITIZENS OF MEMBER STATES

42. (1) Whenever the relevant Council receives an application from a citizen of a Member State who has qualified to obtain a licence to practise a health care profession in the Member State of which he is a citizen or in the Member State from which he comes, in order to have his name entered in any of the registers kept by the relevant Council, the relevant Council shall decide thereupon not later than three months from the day that the request is received or from the day any documentation evidencing any of the criteria for registration and any other documentation which the relevant Council may request in accordance with this Act is submitted, whichever is the later, and it shall forthwith inform the applicant by registered post

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of its decision:
Provided that in the case of documents attesting to good conduct, it shall be sufficient to produce such documents as may be issued in the applicant’s country of origin.
(2) In pursuance of the foregoing provisions of this article, the relevant Council shall, in the case of refusal of registration, give a reasoned decision.
(3) The provisions of article 49 concerning an appeal from a decision of any of the Councils in respect of registration of a health care professional shall apply mutatis mutandis.
(4) Health care professionals who are citizens of a Member State shall make a declaration concerning the provision of the services in question to, and for registration by, the relevant Council, and produce to the relevant Council such documents as the relevant Council may require before making a provision of services involving a temporary stay in Malta:
Provided that such declaration may, in case of urgency, be made as soon as may be after the provision of the service:
Provided further that where the relevant Council requests the provision of documents, the health care professional concerned shall produce such documents not later than twelve months after such request:
Provided further that the registration process under this subarticle shall not delay or present an obstacle to the provision of such service or incur the health care professional involved in any expense other than such as may be necessary for the production of the requisite documentation.

43. (1) Any citizen of a Member State who does not qualify to obtain a licence or to be registered to practise any health care profession in accordance with the foregoing provisions of this Act, because the training leading to his qualification is not equivalent to that laid down by or under this Act, but who has exercised a health care profession in a regulated area of practice for a period of at least three consecutive years during the preceding five years, in a Member State and is in good professional standing and has the right to practise in the Member State, as determined by the relevant Council, shall nonetheless be entitled to have his name entered in the relevant register.

Acquired right to practise a health care profession.

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Cap. 451.

Examination of foreign accreditations.

Funds of

Councils, etc.

Registers open for inspection.

Temporary licence.

Default powers of the President of Malta.

(2) The provisions of subarticle (1) shall not apply to those professions to whom the Mutual Recognition of Qualifications Act, or any regulations made thereunder, apply.

44. (1) Where a citizen of a Member State who does not qualify to obtain a licence to practice any health care profession in accordance with articles 11, 12, 17, 23 and 24, who holds diplomas, certificates and other evidence of formal qualifications that have been recognised in a Member State applies to be registered under this Act, the relevant Council shall, together with any training undergone and, or professional experience gained in a Member State, examine such diplomas, certificates and other evidence of formal qualifications, and shall decide thereupon not later than three months from the day that the request is received or from the day the documentation referred to in this subarticle is submitted, whichever is the later, and it shall forthwith inform the applicant by registered post.

(2) In the case of refusal of registration, the relevant Council shall give a reasoned decision in writing.
(3) The provisions of article 49 concerning an appeal from a decision of any of the Councils in respect of registration of a health care professional shall apply mutatis mutandis.

PART IX

MISCELLANEOUS PROVISIONS

45. The Registrar of a Council or of a Specialist Accreditation Committee shall, under the direction of the relevant Council or Committee, be responsible for the administration of such funds which the Minister may make available to the Council or Committee as the case may be for its purposes, and for such fees as may be collected by it.

46. All registers kept under this Act shall be open for inspection by the public at all reasonable times or at such times as may be prescribed.

47. The President of Malta may, upon the advice of the relevant Council, grant a temporary licence, for a period not exceeding two years, to any health care professional who is not a citizen of Malta or of a Member State, and may subject such licence to any condition he may deem appropriate.

48. (1) Where the President of Malta, acting on the advice of the Minister, is of the opinion that any of the Councils established under this Act has failed to carry out any of the functions conferred or

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imposed upon it by or under this Act, or has, in carrying out these functions, failed to comply with any regulation relating thereto, he may order an enquiry into the matter.
(2) Where, as a result of an inquiry as is referred to in subarticle (1), it appears that the Council in question has failed to carry out any of the functions conferred or imposed upon it by or under this Act, or has, in carrying out these functions, failed to comply with any regulation relating thereto, the President of Malta, acting on the advice of the Minister, may make an order declaring it to be in default.
(3) Upon the making of an order under subarticle (2) -
(a) the members of the Council which is declared to be in default shall forthwith vacate their office; and
(b) provision shall be made for the appointment of three members to act as pro tempore Council.
(4) The pro tempore Council appointed in pursuance of the provisions of subarticle (3) shall consist of the following members:
(a) a President who shall be a legal practitioner; and
(b) two other members from amongst health care professionals, registered with the relevant Council.
(5) The pro tempore Council shall exercise all the functions and have all the powers of the Council it is replacing.
(6) Not later than three months from the day that the order under subarticle (2) is made, new member of the Council in question shall be appointed or elected, as the case may be, and the pro tempore Council shall, upon the appointment and election of the new members of the Council, be dissolved.

49. (1) There shall be an Appeals Committee for health care professions which shall be composed of the following members:

(a) a President nominated by the Prime Minister, from amongst legal practitioners;
(b) the Rector of the University of Malta, or his representative;
(c) the Superintendent of Public Health, or his representative;

Appeals

Committee.

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(d) one member appointed by the Prime Minister from among health care professionals, as follows:
(i) one from such professionals regulated by the Medical Council where the appeal concerns a member of a health care profession regulated by that Council; or
(ii) one from such professionals regulated by the Pharmacy Council where the appeal concerns a member of a health care profession regulated by that Council; or
(iii) one from such professionals regulated by the Council for Nurses and Midwives where the appeal concerns a member of a health care profession regulated by that Council; or
(iv) one from such professionals regulated by the Council for the Professions Complementary to Medicine where the appeal concerns a member of a health care profession regulated by that Council;
(e) one member elected by and from among health care professionals, as follows:
(i) one from such professionals regulated by the Medical Council where the appeal concerns a member of a health care profession regulated by that Council; or
(ii) one from such professionals regulated by the Pharmacy Council where the appeal concerns a member of a health care profession regulated by that Council; or
(iii) one from such professionals regulated by the Council for Nurses and Midwives where the appeal concerns a member of a health care profession regulated by that Council; or
(iv) one from such professionals regulated by the Council for the Professions Complementary to Medicine where the appeal concerns a member of a health care profession regulated by that Council.
(2) All members of the Appeals Committee shall be so appointed or elected, as the case may be, for a term of three years and may be re-appointed or re-elected for a further term or terms.
(3) The Appeals Committee shall have the following functions:
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(a) upon an application to this effect by the person concerned, to hear and decide upon a decision of the relevant Council whereby registration of a health care professional in the appropriate register is refused;
(b) upon an application to this effect by the person concerned, to hear and decide upon a decision of the relevant Specialist Accreditation Committee whereby the award of a specialist certificate to a health care professional is refused;
(c) upon an application to this effect by the person concerned, aggrieved by a default of the relevant Council to decide upon an application for registration within the time referred to in article 42.
(4) An appeal to the Appeals Committee shall be filed within the peremptory term of twenty days from such decision.
(5) The Appeals Committee shall regulate its own procedure. (6) In the exercise of its functions under this article, the
Appeals Committee may appoint experts to relate on any matter
before it.
(7) The Appeals Committee shall have the right to request from any council or specialist accreditation committee information in respect of any decision which is being investigated by it and may request the said council or committee to submit to it any or all documentation relating to the case being deliberated and it shall be the duty of the said council or committee to provide the requested information and, or documents without delay.
(8) (a) The Appeals Committee shall have the power to confirm, cancel or revoke with or without conditions, and to substitute any decision upon any appeal under subarticle (3)(a) or (b).
(b) Where the Appeals Committee finds in favour of an appellant under subarticle (3)(c) it may either proceed to decide the application itself or else order the relevant Council to determine such application within such time as it may consider reasonable, failing which it will proceed to decide the application itself, and in any case shall make a report of its findings to the Minister.

50. Elections of members of a Council or Committee established by this Act shall be held by postal ballot, in accordance with such procedures as may be prescribed.

Postal ballot.

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Power to make regulations.

Repeal and saving.

Cap. 94. Cap. 31.

51. (1) The Minister may make regulations for the better administration of this Act and for the better implementation of its provisions, and in particular may by such regulations:

(a) prescribe requirements for qualification for entry of a person’s name in any register established by or under this Act, in addition to or in substitution of the qualifications established by this Act;
(b) establish the fees that may be charged by a Council in connection with the initial registration of a person’s name in a register, as well as such annual or other periodic fees for the retention of such names in the register;
(c) establish rules of procedure to be followed by Councils in order to ensure a fair and equitable hearing in any procedures against a health care professional under Part VII of this Act;
(d) authorise a Council to issue such guidelines to health care professionals regulated by it on such matters related to the health care profession in question as may be determined;
(e) cancel, amend or substitute any of the Schedules
(other than the First Schedule) to this Act;
(f) prescribe the manner in which every election that is to be held for the purposes of this Act is to be conducted; and
(g) prescribe anything that is to be or may be prescribed under this Act.
(2) Prior to making any regulation under subarticle (1) the Minister shall consult with and seek the advice of the relevant Council.

PART X

REPEAL, SAVINGS AND OTHER PROVISIONS

52. (1) Without prejudice to anything which may have been done thereunder and subject to subarticle (2), articles 20 to 23, 29 to

37, 46 and 48 to 49 and the Second Schedule to the Department of
Health (Constitution) Ordinance, and articles 1 to 12, 18 to 21, 50 to
87A, 105 to 118 and 124 of the Medical and Kindred Professions
Ordinance are hereby repealed.
(2) Nothing in subarticle (1) shall affect the right of any
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member of a profession regulated under this Act and already licensed and, or regulated under the provisions of the articles hereby repealed, to continue to practise his profession and for this purpose:
(a) anything which has been done by the Medical Council under the provisions repealed by this Act in respect of the registration of medical practitioners, dental surgeons and dentists shall continue to have effect as if carried out by the Medical Council constituted under this Act;
(b) anything which has been done by the Pharmacy Board under the provisions repealed by this Act in respect of the registration of apotecharies and pharmacy technicians shall continue to have effect as if carried out by the Pharmacy Council constituted under this Act;
(c) anything which has been done by the Nursing and Midwifery Board under the provisions repealed by this Act in respect of the registration of nurses and midwives shall continue to have effect as if carried out by the Council for Nurses and Midwives constituted under this Act;
(d) anything which has been done by the Board for the Professions Supplementary to Medicine under the provisions repealed by this Act in respect of the registration of health care professionals referred to in that Ordinance shall continue to have effect as if carried out by the Council for the Professions Complementary to Medicine constituted under this Act.

53. (1) Any person who, before the coming into force of the relevant Part of this Act, was in possession of a warrant or was through registration or enrolment otherwise authorised to practice a health care profession shall be deemed to be qualified to be registered in the appropriate register under this Act and, where appropriate, to hold the relative licence.

(2) The relevant Specialist Accreditation Committee, after consultation with the relevant specialist society and, or the relevant professional association, shall certify as holding the qualifications for registration in the appropriate specialist register any health care professional who, before the coming into force of the relevant Part of this Act, has practised as a specialist to the satisfaction of the Specialist Accreditation Committee.
(3) The relevant Specialist Accreditation Committee shall certify as holding the necessary qualifications any health care professional who, prior to the coming into force of this Act, held an

Transitory provisions.

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appointment with the Government at consultant or senior registrar level in a government hospital or clinic.
(4) Any specialist training undergone before the coming into force of this Act or any specialist training being undergone on the coming into force of this Act shall be taken into account for the purpose of computing the required duration of specialist training under this Act by the relevant Specialist Accreditation Committee and the health care professional shall, on the coming into force of this Act, have the option of continuing such specialist training for the purpose of being certified by such committee under the system in force immediately before the coming into force of this Act.
(5) The Specialist Accreditation Committee for Pharmacists shall certify as having the necessary qualifications for entry in the relevant register any pharmacist who, for three consecutive years, during the five years immediately before the coming into force of the relevant Part of this Act, practised in a specialised area of pharmacy.

Reference in other laws.

(6) For the purpose of the first appointment or election of members of any council established by this Act, health care professionals who, immediately before the coming into force of this Act, were lawfully practising their profession in Malta shall be eligible to appointed, to stand for election and to vote at such elections.

54. Any reference in any other law to any of the provisions repealed by article 52 shall, where applicable, be read and construed as a reference to this Act or to the corresponding provision thereof, as the case may be.

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FIRST SCHEDULE (Article 6)
Rules of Procedure and other rules relating to Councils and Specialist Accreditation Committees
1. Each Council shall have a registrar who shall be a public officer detailed for the purpose by the Minister.
2. Every member of a Council other than the President shall be entitled to one vote.
3. The President of a Council shall only be entitled to vote in cases of equality of votes.
4. Notwithstanding the provisions of the preceding rule, the President shall have both an original and a casting vote in inquiries held for the purposes of article 32 of the Act.
5. The President of a Council shall be appointed for a term of three years.
6. The other members of a Council, whether appointed or elected, shall hold office for three years:
Provided that the Prime MInister may remove any such member from office on grounds of proved misbehaviour or proved incapacity (whether arising from infirmity of body or mind or any other cause) to perform the functions of members.
7. The President and other members of a Council may resign their office before the expiration of their term of office by letter in writing (in the case of the President addressed to the Prime Minister, and in the case of other members addressed to the President of the Council).
8. Where for any cause a vacancy arises in any Council, in the case of an appointed member another member shall be appointed to fill the vacancy, and in the case of an elected member an election shall be held, in each case within one month of the vacancy occurring. The member so appointed or elected shall be so appointed or elected for the unexpired period of the term of office of the member being replaced.
9. All members of a Council may be re-appointed or stand for election after the expiration of their term of office.
10. The following shall be disqualified from being members of

Registrar. Voting. President to

have casting

vote.

President has vote in inquiries.

Term of appointment of President.

Other members.

President or member may resign.

Filling of vacancies.

Members eligible for re- appointment or re-election.

Disqualification for membership.

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a Council:
(a) Members of the House of Representatives;
(b) such senior members of the Health Division as may be prescribed:
Provided that this disqualification shall not apply with regard to such senior members who are to hold office ex officio or whose membership is otherwise provided for by this Act;

Cap. 452. (c) officials (as defined by the Employment and

Industrial Relations Act) of a trade union.

Councils may act notwithstanding vacancies.

Absence of President from meetings.

11. Councils may act notwithstanding any vacancy provided that a quorum is present.
12. In the absence of the President of a Council, the other members shall elect a person to chair the meeting from among themselves; such person shall continue to have his original vote as well as a casting vote.

Quorum. 13. The quorum at a meeting of the Council shall be half the members thereof plus one.

Councils to meet once monthly.

Absentee members.

Application of rules to Specialist Accreditation Committees.

Specialist Accreditation Committees to meet whenever need arises.

14. Each Council shall meet at least once monthly.
15. A member of a Council who absents himself from three consecutive meetings without just cause and without giving notice of the reasons for such absence in writing to the President of the Council before or as soon as may reasonably be after the meeting shall be declared by the Council to have resigned and shall not be eligible for re-appointment or re-election before the lapse of one tear from the date of such declaration.
16. The provisions of the above rules, other than rule 14, shall

mutatis mutandis apply to Specialist Accreditation Committees.

17. Specialist Accreditation Committees shall meet whenever the need arises, and in any case not later than one month after receipt of an application by a person for a certificate indicating that he has the requisites for registration as a specialist.
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SECOND SCHEDULE
(Articles 11, 12, 17, 23, 24 and 29) PART I a
Basic qualifications in medicine
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PART I b
Qualifications in specialised medicine

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PART I c
Titles of training courses in specialised medicine

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PART II a
Basic qualifications in dentistry

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PART II b
Qualifications in specialised dentistry
1. Orthodontics

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2. Oral surgery

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PART III
Basic qualifications in pharmacy

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PART IV
Basic qualifications in midwifery

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PART V
Basic qualifications in nursing (general care)

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THIRD SCHEDULE (Article 28)
Professions Complementary to Medicine
- Acupuncturist
- Dental Hygienist
- Dental Technologist
- Dietitian
- Environmental Health Professional
- Medical Laboratory Technologist
- Nutritionist
- Occupational Therapist
- Optometrist
- Orthoptist
- Perfusionist
- Physiotherapist
- Podiatrist
- Radiographer
- Speech / Language Pathologist
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FOURTH SCHEDULE (Article 30)
Professional Associations
Part I
1. A professional association means an organization consisting wholly of health care professionals and which fulfills the following conditions for recognition:
(a) all members and officials of the executive committee or similar organ thereof are elected following fair and regular elections;
(b) it is regulated by a statute which is available to the public in general;
(c) it actively participates in post-graduate education and continuing professional development;
(d) it has a minimum of fifteen full members registered with the relevant Council;
(e) it represents any one or more of the specialties listed in the Fifth
Schedule or as may be prescribed;
(f) with regard to those specialities listed in item A of the FIfth Schedule, follows the guidelines issued from time to time by the European Union of Medical Specialists or the Union of European General Practitioners, as applicable.
2. If a specialist association ceases to fulfil the above criteria, it shall no longer be entitled to be represented on the Specialist Accreditation Committee.
3. For the purposes of the foregoing provisions of this Part, an association which wishes to be recognised by the Minister shall make an application to this effect, in writing, to the Superintendent of Public Health.
4. An association which is recognised shall, not later than the end of the first quarter of the year reported upon, prepare, and submit to the Superintendent of Public Health, an annual activity report for the year.
5. For the purposes of the foregoing provision, any professional association which is in default in submitting an annual activity report to the Superintendent of Public Health as aforesaid, shall not be entitled to be represented on the relevant Specialist Accreditation Committee, until such time as it remains in default.
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6. The associations listed in Part II shall be deemed to be recognised for the purposes of this Schedule.
Part II
- Medical Practitioners
Medical Association of Malta
Association of Anaesthesiologists of Malta Association of Maltese Psychiatrists Association of Physicians of Malta Association of Surgeons of Malta
Malta Association of Public Health Medicine
Malta College of Family Doctors
Malta College of Obstetricians and Gynaecologists
Malta College of Pathologists Maltese Paedriatric Association Maltese Radiological Society
- Dental Surgeons
Dental Association of Malta
- Pharmacists
Malta Chamber of Pharmacists
- Nurses and Midwives
Malta Union of Midwives and Nurses
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FIFTH SCHEDULE (Article 31) Specialist Registers
A. MEDICAL PRACTITIONERS
The specialities in respect of which the Specialist Accreditation Committee for medical practitioners shall issue certificates of completion of specialist training shall be the following:
1. Accident and Emergency Medicine
2. Anaesthetics and Intensive Care Medicine
3. Audiology / Phoniatry
4. Chemical Pathology
5. Cardiology
6. Cardio-thoracic Surgery
7. Clinical Neurophysiology
8. Clinical Pharmacology and Therapeutics
9. Dermato-Venereology
10. Radiology
11. Endocrinology and Diabetes
12. Family Medicine
13. Immunology
14. Forensic Medicine
15. Gastroenterology
16. General / Internal Medicine
17. Dermatology
18. General Surgery
19. Genetics
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20. Geneto-Urinary Medicine
21. Geriatrics
22. Haemotology
23. Histopathology including Cytopathology
24. Infectious Disease
25. Maxillo-facial Surgery
26. Microbiology / Bacteriology
27. Neonatology
28. Nephrology
29. Neurology
30. Neurosurgery
31. Nuclear Medicine
32. Obstetrics and Gynaecology
33. Occupational Medicine
34. Ophthalmology
35. Orthopaedic Surgery
36. Otorhinolaryngology
37. Paediatric Surgery
38. Paediatrics
39. Palliative Medicine
40. Plastic Surgery
41. Psychiatry
42. Public Health Medicine
43. Oncology
44. Rehabilitation Medicine
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45. Respiratory Medicine
46. Rheumatology
47. Urology
48. Vascular Surgery
49. Virology
50. Baromedicine
B. DENTAL SURGEONS
The specialities in respect of which the Specialist Accreditation Committee for dental surgeons shall issue certificates of completion of specialist training shall be the following:
1. Orthodontics
2. Oral Surgery

Objects and Reasons

The object of this Bill is to ensure that all health care professionals have the necessary qualification for the practice of the health care profession in respect of which they are registered to practise.