Medical Council Act


Amendment 2002

To the Government Gazette of Mauritius No. 9 of 29 January 2002

THE MEDICAL COUNCIL (AMENDMENT) ACT 2002

Act No. 1 of 2002

I assent

CASSAM UTEEM

16 th January 2002
President of the Republic

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ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Section 2 of principal Act amended

4. Section 4 of principal Act amended

4A. Section 5 of principal Act amended

5. Section 8 of principal Act amended

6. Section 9 of principal Act amended

7. Section 12 of principal Act amended

8. Section 13 of principal Act amended

9. Section 14 of principal Act amended

10. Section 19 of principal Act amended

11. Section 21 of principal Act amended

12. Section 22 of principal Act amended

13. Section 23 of principal Act amended

14. Section 25 of principal Act amended

15. Section 26 of principal Act amended

16. Section 42 of principal Act amended

17. Section 43 of principal Act amended

18. Schedule to principal Act amended

19. New Schedule added to principal Act

20. Consequential amendment

An Act

To amend the Medical Council Act 1999

ENACTED by the Parliament of Mauritius, as follows –

1. Short title

This Act may be cited as the Medical Council (Amendment) Act 2001.

2. Interpretation

In this Act -

“principal Act” means the Medical Council Act 1999.

3. Section 2 of principal Act amended

(a) in the definition of “medical institution” by adding after the word “prescribed”, the words “by regulations made by the Minister after consultation with the Council, the World Health Organisation and such other institutions as he may deem fit, as specified in section 43(2)”;

(b) by deleting the definition of “specialist qualification” and replacing it by the following definition –

“specialist qualification” means a post-graduate qualification in a medical speciality obtained from a medical institution after having followed a course of training of not less than 3 years and passed the appropriate examinations pertaining to the course.

4. Section 4 of principal Act amended

Section 4 of the principal Act is amended –

(a) by deleting the words “10 registered medical practitioners” wherever they appear, and replacing them by the words “12 registered medical practitioners”;

(b) by deleting the figure “5”, wherever it appears, and replacing it by the figure “6”;

(c) in subsection (1), by deleting paragraph (c) and replacing it by the following paragraphs –

(d) a representative of the Prime Minister's Office;

(e) a representative of the Attorney-General's Office; and

(f) 4 persons who, not being medical practitioners, shall be appointed by the Minister.

(g) in subsection (2), by inserting the word “First” immediately before the word “Schedule”.

4A. Section 5 of principal Act amended

Section 5 of the principal Act is amended in paragraph (b), by deleting the words “section 4(1)(c)” and replacing them by the words “section 4(1)(e)”.

5. Section 8 of principal Act amended

Section 8 of the principal Act is amended –

(a) by deleting subsection (1) and replacing it by the following subsection

(1) The Council shall elect a Chairperson from among members elected under section 4(2).

(d) by adding immediately after subsection (4) the following new subsection –

(5) A member who intends to stand as candidate for the office of Chairperson under subsection (1) shall, not less than 3 days before the date fixed for the election of the Chairperson, notify the Registrar by registered post of his intention.

6. Section 9 of principal Act amended

Section 9 of the principal Act is amended –

(a) in subsection (1), by deleting the figure “8” and replacing it by the figure “10”;

(b) in subsection (4)(b) -

(i) by deleting the word “Chairperson” and replacing it by the word “Registrar”;

(ii) by deleting the figure “8” and replacing it by the figure “10”.

7. Section 12 of principal Act amended

Section 12 of the principal Act is amended by deleting paragraphs (d) and (f) and relettering paragraphs (e), (g) and (h) as (d), (e) and (f) respectively.

8. Section 13 of principal Act amended

Section 13 of the principal Act is amended by deleting subsection (4) and replacing it by the following subsection –

(4) Notwithstanding section 9(1), for the purposes of an investigation under subsection (1), the Council may appoint an investigating committee consisting of not less than 3 members.

9. Section 14 of principal Act amended

Section 14 of the principal Act is amended in subsection (1) –

(a) in paragraph (b), by deleting the word “or”;

(b) by adding immediately after paragraph (b) the following new paragraph, the existing paragraph (c) being relettered (d) accordingly –

(c) an act of professional misconduct or malpractice, or

10. Section 19 of principal Act amended

Section 19 of the principal Act is amended –

(a) in paragraph (a), by adding the word “or” at the end; and

(b) by deleting paragraphs (c) and (d), the semi-colon at the end of paragraph “(b)” being replaced by a full stop accordingly.

11. Section 21 of principal Act amended

Section 21 of the principal Act is amended -

(a) in subsection (2)(g), by deleting the words “, including evidence of appropriate linguistic skills after proficiency tests”;

(b) in subsection (3), by deleting the words “, with the approval of the Chairperson,”

12. Section 22 of principal Act amended

Section 22 of the principal Act is amended by deleting paragraph (h).

13. Section 23 of principal Act amended

Section 23 of the principal Act is amended –

(a) by numbering the existing provision as subsection (1);

(b) in the new subsection (1), by deleting paragraphs (c) and (d);

(c) by adding the following new subsection -

(2) Notwithstanding subsection (1), a registered person who, before 1 July 2000, obtained a post-graduate qualification listed in the Second Schedule, may be registered as a specialist if the Council is satisfied that the person has, since obtaining his qualification, practised as a specialist in the field in which he has specialised.

14. Section 25 of principal Act repealed

Section 25 of the principal Act is repealed.

15. Section 26 of principal Act amended

Section 26 of the principal Act is amended -

(a) in subsection (1), in paragraph (b), by deleting the words “paragraphs (b) to (h)” and replacing them by the words “paragraphs (b) to (g);

(b) by deleting subsection (2) and replacing it by the following subsection

(2) A non-citizen may be temporarily registered as a specialist if he complies with the requirements set out in section 23.

16. Section 42 of principal Act amended

Section 42 of the principal Act is amended -

(a) in subsection (1), by deleting the words “The Council” and replacing them by the words “Subject to section 43(2), the Council”;

(b) in subsection (1)(h), by deleting the word “Schedule” and replacing it by the words “Schedules”.

17. Section 43 of principal Act amended

Section 43 of the principal Act is amended –

(a) by numbering the existing provision as subsection (1);

(b) by adding the following new subsection -

(2) The Minister may, after consultation with the Council, the World Health Organisation and such other institutions as he deems fit make regulations for the purposes of section (2).

18. Schedule to principal Act amended

The Schedule to the principal Act is amended in its heading by inserting the word “First” immediately before the word “Schedule”.

19. New Schedule added to principal Act

The principal Act is amended by adding the Schedule to this Act as the Second Schedule.

20. Consequential amendment

The Medical Council (Examination and Assessment Board) Regulations 2001 are revoked.

Passed by the National Assembly on the eighteenth day of December two thousand and one.

ANDRÉ POMPON

Clerk of the National Assembly

SCHEDULE

(section 19)


SECOND SCHEDULE

(section 23)

LIST OF POST GRADUATE QUALIFICATIONS

1. AUSTRALIA

Master in Psychological Medicine … Psychiatry

2. BELGIUM

D Phys. Med. … Physical Medicine

3. EGYPT

Masters Degree … Anaesthesiology

Masters Degree … Dermatology

Masters Degree … General Surgery

Masters Degree … Gynaecology

Masters Degree … Internal Medicine

Masters Degree … Ophthalmology

Masters Degree … Paediatrics

Masters Degree … Pathology

Masters Degree … Orthopaedic Surgery

4. INDIA

D.M.R.D. … Radio-diagnosis

D.M.R.E. … Radio-diagnosis

D.T.C.D. … Chest Diseases

5. REPUBLIC OF IRELAND

M.R.C.P.I … Internal Medicine

M.R.C.P.I … Paediatrics

D.M.R.D. … Radio-diagnosis

D.C.H. … Paediatrics

D.A. … Anaesthesiology

6. KENYA

M. Med. … Internal Medicine

M. Med. … Paediatrics

7. SOUTH AFRICA

D.A. … Anaesthesia

8. UNITED KINGDOM

D.P.M. … Psychiatry

D.C.H. … Paediatrics

D.C.P. … Pathology

D.Reh.Med. … Rehabilitation Medicine

D.M.J. … Forensic Medicine

D.Phys.Med. … Physical Medicine

D.O. … Ophthalmology

D.M.R.D. … Radio-diagnosis

D.M.R.T. … Radio-therapy

M.R.C.P. … Internal Medicine

M.R.C.P. … Paediatrics

M.R.C.O.G. … Obstetrics & Gyanecology

M.R.C. (Path) … Pathology

M.R.C. (Psych) … Psychiatry