Medical Council Act


Part I-Preliminary

AN ACT

To make better provision with regard to the composition and functions of the Medical Council and the discharge of these functions.

 

1.   Short title

This Act may be cited as the Medical Council Act.

2.   Interpretation

In this Act—

“annual list” means the annual list of general practitioners and specialists published under section 30;

“Chairperson” means the Chairperson of the Council;

“Code of Practice” means the code of practice established under section 12 (c);

“Council” means the Council established under section 3;

“delegated power” means the power to enquire and report into allegations of professional misconduct or negligence against a public officer delegated to the Council by the Public Service Commission pursuant to section 89 (2) (b) of the Constitution;

“diploma in medicine” means any diploma, degree, licence or other like qualification or authority to practise medicine granted by a medical institution and obtained after the successful completion of the course provided by the institution for the obtention of the qualification within the time laid down by the institution;

“general practitioner” means a person who is registered as such under section 20;

“infamous conduct” includes causing or bringing disrepute to the medical profession by improper behaviour;

“malpractice” includes a failure to exercise due professional skill or care which results in injury to, or loss of life of, a person;

“medical institution” means a university, faculty, college or other similar body which—

(a) is authorised under the law of any country to provide courses leading to a diploma in medicine; and

(b) is prescribed;

“medicine”—

(a) means scientific medicine in all its branches; and

(b) includes surgery and obstetrics; but

(c) does not include veterinary medicine or surgery;

“member” means a member of the Council and includes the Chair-person;

“Minister” means the Minister to whom responsibility for the subject of health is assigned;

“negligence” includes failure on the part of a registered person to exercise the proper and timely care expected from a registered person;

“Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of health;

“preliminary investigation” means an investigation conducted in accordance with section 13;

“professional misconduct” includes improper, disgraceful, dishonourable or unworthy conduct;

“recognised professional body” means such body as may be prescribed;

“recognised specific training” means such qualification as may be prescribed;

“register” means a register kept under section 20;

“registered medical practitioner” means a person registered as general practitioner or a specialist under section 20;

“registered person” means a person whose name is on one of the registers kept under section 20;

“Registrar” means the Registrar of the Council appointed under section 10;

“specialist” means a person registered as a specialist under section 20;

“specialist qualification” means—

(a) a postgraduate 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 examination pertaining to the course;

(b) a postgraduate qualification in a medical speciality issued by a recognised professional body; or

(c) a recognised specific training in a sub-speciality undertaken after obtaining a qualification under paragraph (a) or (b);

“Tribunal” means the Medical Disciplinary Tribunal referred to in section 15.

[S. 2 amended by GN 22 of 2000; s. 3 of Act 1 of 2002 w.e.f. 29 January 2002; s. 3 of Act 28 of 2007 w.e.f. 27 December 2007.]