Medical Council Act


General Information for Registered Medical Practitioners

COURTS ACT

Section 180 - penalty on giving false evidence

Any person who gives false evidence, after making an affirmation or declaration without oath, shall be liable to be prosecuted against, convicted and punished in like manner as if ha had given such false evidence upon oath.

 

CRIMINAL CODE

Section 117 – forgery on medical certificate

Any person who, for the purpose of relieving himself, or of freeing any other person from any public service forges under the name of any physician or surgeon, a certificate of sickness or infirmity, shall be punished by penal servitude for a term not exceeding 5 years.

Section 118 –Medical officer issuing false certificate

(1) Any medical practitioner, surgeon or dentist who, in the exercise of his functions, for the purpose of procuring an advantage to any person, falsely certifies or falsely conceals the existence of any disease or infirmity, or who gives false information with respect to the cause of such disease or infirmity or with respect to the cause of death, shall be liable to penal servitude for a term not exceeding 5 years.

(2) Where any physician, surgeon or dentist has been induced thereunto by any gift or promise, he had any person who has offered such gift or promise shall be liable to penal servitude for a term not exceeding 10 years.

Section 125 –Public officer having interest in public contract

(1) Any functionary, public officer, or agent of Government, who openly or covertly, or by the interposition of another person, takes or receives any interest in any contract, adjudication or undertaking of which he has or had at the time of his so doing, the administration or superintendence, in whole or part, shall be punished by imprisonment and by a fine not exceeding 5,000 rupees.

(2) This section applies to any functionary, or agent of Government, who takes any share in any business in which it was his duty to order payment or to effect a liquidation.

Section 234 –Castration

(1) Any person guilty of the crime of castration, or amputation or destruction of any organ necessary to generation, shall be punished by penal servitude.

(2) Where death has ensured there from, the offender shall be punished by penal servitude for life.

Section 235–Abortion

(1) Any person who, by any food, drinks medicine, or by violence, or by any other means, procures the miscarriage of any woman quick with child, or supplies the means of procuring such miscarriage, whether the woman consents or not, shall be punished by penal servitude for a term not exceeding 10 years.

Section 236–Administering noxious substance

(1) Any person who administers to or cause to be administered to or taken by any other person any drug, poison or other destructive or noxious thing, so as to endanger the life of such person, or so as to inflict upon such person any grievous bodily harm, or so as to stupefy or overpower such person and facilitate the commission of any offence, shall be liable to penal servitude for a term not exceeding 10 years.

(2) where death has ensued from the commission of an offence under subsection (1), the offender shall be punished by penal servitude for life or for a term not exceeding 20 years.

(3) Any person who administers to or causes to be administered to or taken by, any other person any poison or other destructive or noxious thing, with intent to injure, aggrieve or annoy such person, shall be liable to penal servitude not exceeding 5 years.

Section 238 – Selling unwholesome medicine

Any person who sells, or exposes for sale, any damage or hurtful medicine shall suffer the punishment specified in section 237.

Section 300 – Disclosing professional secret

Any physician, surgeon as well as any pharmacist, midwife, or any other person, who may, in consequence of his or her profession or avocation, become the depositary of any secret confided to him or her, and who, except when compelled by law, to become informer, reveals such secret, shall be punished by imprisonment for a term not exceeding 6 months and by a fine not exceeding 500 rupees.

 

CRIMINAL CODE (SUPPLEMENTARY)

Section 105 – Personating individual named in cerficate

(1) Any person who-

(a) utters a document issued by lawful authority to an other person who is certified in such document to be-

(i) in possession of a qualification recognised by law for any purpose;

(ii) the holder of an office;

(iii) entitled to exercise a profession, trade or business;

(iv) entitled to a right or privilege; or

(v) entitled to enjoy a rank or status; and

(b) falsely represents himself to be the person named in the document, shall commit an offence and shall, on conviction be liable to penal servitude for a term not exceeding 5 years.

(2) Any person who has received by lawful authority a document certifying that he is

(a) in possession of a qualification recognised by any purpose;

(b) the holder of an office;

(c) entitled to exercise a profession, trade or business;

(d) entitled to a right or privilege; or

(e) entitled to enjoy a rank or status, and who sells, given or lends the document to another person with intent that the other person may represent himself to be the person named therein, shall commit an offence, and shall, on conviction, be liable to penal servitude for a term nor exceeding 5 years.

 

CRIMINAL PROCEDURE

Section 172 – Officials present at execution

(1) The Commissioner of Prisons, a Government medical officer and such officers of the prison as the Commissioner requires shall be present at the execution.

(2) The Director of Public Prosecutions or the Commissioner of Prisons may admit within the prison such other persons as he thinks fit for the purposes of the execution.

Section 173 – Certificate of death

(1) As soon as the execution of the judgement of death has been carried out, the Government medical officer and such other medical officer as appointed for that purpose by the Director of Public Prosecution shall-

(a) examine the body of the offender;

(b) ascertain the fact and cause of death; and

(c) sign a certificate of death and deliver it to the Commissioner of Prisons.

(2) The Commissioner of Prisons. and any other person present as the Commissioner requires or allows shall also sign a declaration to the effect that execution of the judgement of death has been carried out on the offender.

Section 176 – Penalty for signing certificate

Any person who willfully signs a certificate or declaration mentioned in section 173 knowing that it contains a false statement, shall commit an offence and shall, on conviction, be liable to imprisonmemt for a term not exceeding 2 years.

 

DANGEROUS DRUGS

THE DANGEROUS DRUG ACT 1995

INTERPRETATION

“authorised person” means a medical practitioner, a pharmacist, a dental surgeon or a veterinary surgeon, in the exercise of his profession”;

“Permanent Secretary” means the Permanent Secretary of the Ministry of health or any officer of that Ministry to whom he has delegated any of his powers under this Act ;

“prescription” means a prescription given by an authorised person for the supply of a dangerous drug for purposes of treatment given by him in the exercise of his profession”.

Section 9 – Dangerous Drugs Tribunal

(6) The Minister may, on the recommendation of the Tribunal

(a) withdraw the authority of the authorised person to supply, procure or be in possession of any dangerous drugs; and

(b) direct that no prescription containing a dangerous drug shall be issued by that authorised person;

(7) Notice of any withdrawal of authority or direction under subsection (6) shall be published in the Gazette.

Section 17 – Supply of drugs to an authorised person.

(1) Every authorised person who requires a supply of a dangerous drug shall make an application to the supplier in a form approved by the Permanent Secretary in triplicate.

(2) Where a supplier receives an application under subsection (1), he shall –

(a) endorse the original and each copy with -

(i) a serial number corresponding to the relevant entry made in the Prescription Book kept under the Pharmacy Act 1983; and

(ii) a statement of the amount of any dangerous drug actually supplied by him; and

(b) deliver the original and a copy with the dangerous drug to the recipient who shall complete both the original and the copy and return the original to the supplier.

(3) Every original and every copy of an application furnished under this section shall be –

(a) serially numbered for each year; and

(b) kept by the supplier and the recipient for inspection purposes.

Section 10 – Keeping of drugs in a cabinet

(1) Every authorised person in possession of a dangerous drug shall keep it in a cabinet specially provided for the purpose.

(2) Subject to subsection (3), a cabinet used for storing dangerous drugs under subsection (1) shall kept locked and the key shall remain in the physical possession of the authorsied person.

(3) In the accidental and temporary absence of a pharmacist, the key of the dangerous drug cabinet shall remain in the physical possession of the assistant pharmacist.

Section 18 – Supply of drugs to an authorised person

(1) Subject to subsection (3), an authorised person who prescribes a dangerous drug shall-

(a) hanwrite the prescription, date and sign it;

(b) give his name and address;

(c) give the name and address of the person for whom the dangerous drug is prescribed, or, where it is given by a veterinary surgeon, of the person to whom the dangerous drug prescribed is to be delivered;

(d) where he is a dentist, write the words FOR LOCAL DENTAL TREATMENT ONLY or where he is a veterinary surgeon, write the words FOR ANIMAL TREATMENT ONLY; and

(e) specify in figures and words the total amount of the dangerous drug is packed in ampoules, either the total amount to be supplied or the total amount intended to be administered or injected.

(2) No authorised person shall issue a prescription for the supply of a dangerous drug to himself or for his own use

Section 24– Books of medical practitioner or pharmacist

(1) Section 23 shall not apply to-

(a) a medical practitioner who enters - (i) in a day book particulars to every dangerous drug obtained by him and of every dangerous drug supplied by him together with the name and address of the person to whom and the date on which the dangerous drug is supplies; and

(b) on the same date as the entry in the day book, in separate book particulars of any dangerous drug obtained by him and a reference for easy identification of each entry in the book which relates to the supply of a dangerous drug;

(c) A pharmacist retailing poisons who on the same date as he makes an entry in the Poisons Register kept by him under the Pharmacy Act 1983 enters in a day book kept for the purpose, particulars of every dangerous drug supplied by him and a reference for easy identification of each entry in the Poisons Register.

(2) Every reference made in a separate book under subsection (1) shall be in chronological order and the book shall be divided into separate parts relating to each category of dangerous drugs and shall be used only for the purposes of subsection (1).

(3) Every entry in a day book or separate book under this section shall be made -

(a) on the same day and in the same manner as an entry would

(b) otherwise have been made in the register kept under section 23; and

(c) in chronological order in ink.

(4) No entry made under this section shall be cancelled, obliterated or altered.


CIVIL ESTABLISHMENT ACT

42. Certificate of cause of death

(1) An officer shall on request furnish without charge to every medical practitioner within his printed forms of certificates of cause of death in such form as the Registrar of Civil Status may approve.

(2) Every person, who under this Act, is bound to give notice of the occurrence of any death shall -

(a) in the case death of any person who has been attended during his last illness by a medical practitioner, apply to the medical practitioner for a certificate of the cause of death.

(b) in the case of the death of any person who was not attended during his last illness by a medical practitioner; but who was under treatment at a Government dispensary, apply to the officer in charge of the dispensary for a certificate of the cause of death, and the medical practitioner or the officer in charge of the dispensary shall sign and deliver to the applicant a certificate of the

(3) (a) In any case not covered by subsection (2), any one of the persons required to give notice of the occurrence of any death shall cause the dead body to be examined a medical practitioner who shall, after examination duly sign and deliver a certificate of the cause of death.

(b) Where the persons are too poor to defray the expenses of examination -

(i) they shall make a written statement to that effect before an officer in such form as the Registrar of Civil may approve;

(ii) the officer shall issue them a written authority to apply to a Government Medical Officer for the examination of the dead body, the Government Medical Officer shall on application, examine and deliver the certificate required.

 

PHARMACY ACT 1983

Section 2 – Interpretation

In this Act –

“Assistant Pharmacist” means any person registered as such under section 12;

“authorised person” means –

(a) a medical practitioner;

(b) dental surgeon; or

(c) a veterinary surgeon in the exercise of his profession;

“prescription” means a written order for a pharmaceutical produce issued by an authorised person;

21. Prescriptions

(1) Subject to subsection 2, no pharmacist or assistant pharmacist shall refuse to dispense a prescription at a pharmacy to any person who offers to pay in case for any pharmaceutical product prescribed.

(2) Where the pharmacist considers that the authorised person has made an evident error or overlooked something which may endanger the life of the patient, he shall delay the execution of the prescription and refer the matter immediately to such person for confirmation.

(3) every prescription shall –

(a) be handwritten, dated and signed by an authorised person;

(b) state the address of the authorised person who signed it;

(c) specify the name and address of-

(i) the patient for whose use it is given; or

(ii) where it is given by a veterinary surgeon, the person to whom the medicine prescribed is to be delivered;

(d) where it is given by-

(i) a dental surgeon, contain the word “For Dental Treatment Only”;

(e) specify -

(i) the total amount of the pharmaceutical product to be supplied; or

(ii) where the pharmaceutical product is packed in ampoules, the total amount intended to administered or injected;

(f) indicate -

(i) the dose to be taken; or

(ii) the amount intended to be administered or injected in each dose where the pharmaceutical product is packed in ampoules.

Section 40 – Illegal arrangements

(1) No manufacturer, licensee of whole pharmacy or pharmacist shall enter into any arrangement with an authorised person under which the authorised person is to receive any gain or benefit in return for the custom he brings to that manufacture, licensee of a wholesale pharmacy or pharmacist.

(2) No authorised person shall have any share, participation or other financial interest in the manufacture or sale, whether by wholesale or retail, a pharmaceutical products.

 

PSYCHOTROPIC SUBSTANCES ACT 1974

Section 12 – Supply to public on prescription

(1) No restricted substances shall be supplied to a member of the public except on prescription.

(2) No member of the public may use, obtain or administer a substance supplied under subsection (1) except for therapeutic purposes.

(3) Every prescription shall -

(a) be handwritten, dated and signed by a medical practitioner, dental surgeon or veterinary surgeon;

(b) state the address of the person who signed it;

(c) specify the name and address of the person for whose treatment it is given, or, where it is given by a veterinary surgeon, of the person to whom the substance prescribed is to delivered;

(d) where it is given by dental surgeon, contain the words “FOR LOCAL DENTAL TREATMENT ONLY”, and where it is given by a veterinary surgeon, contain the words “FOR ANIMAL TREATMENT ONLY”;

(e) specify the total amount of the substance to be supplied.

(4) No prescription shall be given by a medical practitioner or dental surgeon or veterinary surgeon for the supply of a psychotropic substance to him and for his own use.

 

PUBLIC HEALTH ACT 1925

Section 6 – Private practice authorised by Minister

(1) Medical officers of the Minister shall not undertake private except with the special of the Minister.

(2) The Minister may -

(a) exclude estate practice from the private practice of a medical and behalf officer;

(b) limit his private practice to consulting practice; and

(c) define the areas within which his practice may be exercised.

Section 42 – Notification by medical practitioner

(1) Every medical practitioner attending on or called in to visit the patient shall, on being aware that the patient is suffering from an infectious or communicable disease give notice to the Sanitary Authority or health inspector of the district, of the existence of the disease, the name of the patient, the situation of the premises and the name of the occupier.

(2) The Permanent Secretary shall, on application, supply forms of certificates to every medical practitioner free of charge.

(3) Any person who fails to comply to this section shall commit an offence and shall on conviction, be liable to a fine not exceeding 100 rupees.

Section 70 – No permit for burial without death certificate

(1) No permit for burial shall be issued by a Civil Status Officer to whom the declaration is made of any death which has occurred in any district, township or area proclaimed under section 69, until a certificate signed by a medical practitioner stating the cause or probable cause of death, has been deposited by the witnesses declaring the death with the Civil Status Officer.

(2) Where he has reason to suspect that the death was caused by infectious or communicable disease, the Sanitary Authority or the medical officer appointed under section 69, may order that the burial be delayed for not more than 24 hours from the time of the order, for purposes of enquiry and examination of the death body.

Section 72 – Where death certificate is not produced

(1) Where no medical certificate, as required by section 70 is produced to the Civil Status Officer at the time of the declaration of death, he shall report the death to the medical officer appointed under section 69.

(2) The medical officer shall -

(a) make such inquiry and examination as to the cause of death as he thinks necessary;

(b) issue the certificate as to the cause or probable cause of death.

(3) Where for any reason no medical certificate is produced within 24 hours of death, the Sanitary Authority or the health inspector of the district on the report of the Civil Status Officer may authorize the issue of the permit of burial.

Section 74 –Giving false certificate of death

Any medical practitioner who, in any certificate given under this Part, makes a statement as to the cause or probable cause of death, knowing it to be false or not believing it to be true, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 6 months.

Section 172 –Condition Permit

(1) No permit shall be granted for the cremation or burning of a dead body unless-

(a) the person whose corpse it is intended to cremate or burn was attended during his last illness by a medical practitioner who certifies that the deceased died on natural cause.

(b) there is appended to the certificate of the medical practitioner mentioned in paragraph (a), 2 independent certificates signed by persons who knew the deceased testifying that, to the best of their knowledge and belief, the deceased died on natural caused;

(2) (a) The application for the permit of cremation or burning shall specify –

(i) the date and hour of the death;

(ii) the name, sex and age of deceased;

(iii) the crematorium at which the operation is to be carried out;

(iv) where the crematorium exists, the spot chosen the burning and its distance from the nearest inhabited locality.

(b) The application shall be accompanied by any permit of burial that may have been issued.

(3) Before granting a permit, the Permanent Secretary or any person mentioned in section 169 may require -

(a) such information as he thinks necessary;

(b) an autopsy to be performed by the medical practitioner who attended the deceased.

Section 174 – Time Limit of Cremation

Except with the permission of the Permanent Secretary, no cremation or burning shall take place unless 24 hours elapsed since the death of the person to be cremated or burnt.