Medical Council Act


Part III- Registration

( 20) Registers

(1)  The Registrar shall keep—

(a) a register of general practitioners;

(b) a register of specialists;

(c) a register of pre-registration trainees;

(d) a register of temporarily registered general practitioners and specialists; and

(e) such other registers as the Council may determine.

(2)  The Registrar shall enter in the appropriate register—

(a) the names, addresses, qualifications and other particulars of every person who is—

(i) registered as a general practitioner;

(ii) registered as a specialist;

(iii) undergoing pre-registration training in Mauritius; or

(iv) temporarily registered as a general practitioner or specialist;

(b) any alterations in the names, addresses, qualifications and other particulars of registered persons;

(c) an annotation as to whether a registered person has—

(i) died;

(ii) been struck off as a general practitioner or specialist by the Council;

(iii) been suspended from practising medicine; or

(iv) left Mauritius with the intention of settling abroad.

 

( 21) Application for registration

(1)  Every person who wishes to be registered under section 20 shall apply in person to the Registrar in such form as may be prescribed.

(2)  An applicant under subsection (1) shall submit with his application—

(a) in the case of a general practitioner, the original or a certified copy of his diploma in medicine;

(b) in the case of a specialist, the original or a certified copy of his specialist qualification;

(c) where the document referred to in paragraph (a) or (b) is written in a language other than English or French, a certified translation in English or French of his diploma in medicine or specialist qualification;

(d) evidence of any pre-registration training, where he has completed a pre-registration training;

(e) his birth certificate or other acceptable evidence of his identity;

(f) such other particulars as the Council may require.

(3)  Where the Registrar is satisfied that an applicant qualifies for registration under this Act, he may cause the name of the applicant to be entered in the appropriate register and inform the Council accordingly.

(4)   (a) Notwithstanding subsection (2) (a) and (b), the Registrar may, subject to such conditions as the Chairperson may determine, register an applicant if the applicant produces evidence to the satisfaction of the Chairperson that the applicant has obtained a diploma in medicine or a specialist qualification.

[Amended 38/11 (cio 2/4/12).]

 

( b) Where the name of the applicant has been entered in the register pursuant to subsection (3) or paragraph (a), the Registrar shall, not later than 21 days from the date of receipt of the application, notify the applicant in writing of his registration.

 

[Inserted 38/11 (cio 2/4/12).]

 

(5)  Where the Registrar does not register an applicant under subsection (3) or (4), the Registrar shall refer the application to the Council for its decision.

(6)  Where the Council refuses an application, the Registrar shall , not later than 21 days from the date of receipt of the application , notify the applicant accordingly, stating the reasons for the refusal.

[Amended 38/11 (cio 2/4/12).]

 

[S. 21 amended by s. 11 of Act 1 of 2002 w.e.f. 29 January 2002; s. 18(a) of Act 38 of 2011 w.e.f. 2 April 2012.]

 

(22) Registration of general practitioner

A person shall be entitled to be registered as a general practitioner if he—

(a) is a citizen of the Republic of Mauritius;

(aa) produces an eligibility certificate, issued by such institution in Mauritius, and certifying that he satisfies such minimum requirements, as may be prescribed as the minimum requirements that any person has to satisfy before he may enrol for the course leading to a diploma in medicine;

(b) holds a diploma in medicine or in the case of a graduate who obtained his diploma after studying in 2 or more medical institutions, where he—

(i) establishes to the satisfaction of the Council that he has obtained the qualification after following the relevant modules for the course during the time laid down by the awarding institution;

(ii) produces to the Council an exemption or equivalence certificate from the awarding institution; and

(iii) produces any other information that may be required by the Council;

(c) establishes to the satisfaction of the Council that he has undergone not less than 24 months practical (including clinical) training in medicine;

(d) is of good character and has not been convicted of an offence in any country involving fraud or dishonesty;

(e) has not been disqualified from practice as a general practitioner in any country;

(f) has not in any country been removed from the list of general practitioners on account of professional misconduct or negligence;

(g) does not suffer from any mental or physical incapacity which will hamper the discharge of his duties;

(h) —

(i) has paid such fee as may be prescribed.

[S. 22 amended by s. 12 of Act 1 of 2002 w.e.f. 29 January 2002; s. 11 of Act 28 of 2007 w.e.f. 27 December 2007.]

 

(23) Registration of specialists

(1)  A person shall be entitled to be registered as a specialist if he—

(a) is registered as a general practitioner in Mauritius;

(b) holds a specialist qualification; and

(c) —

(d) —

(e) has paid such fee as may be prescribed.

(2)  Notwithstanding subsection (1), a registered person who, before 1 July 2000, obtained a postgraduate qualification specified 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.

[S. 23 amended by s. 13 of Act 1 of 2002 w.e.f. 29 January 2002; s. 12 of Act 28 of 2007 w.e.f. 27 December 2007.]

 

( 24) Pre-registration trainees

(1)  The Council may require a person applying for registration as a general practitioner under section 21 to undergo such training as it may determine before registering him.

(2)  The person applying for registration as a general practitioner who is required to undergo the training referred to in subsection (1) shall be registered as a pre-registration trainee.

(3)  Where a person who holds a diploma in medicine is required by the country, or the medical institution where he qualified, to complete a course of training, without which training he would not be eligible for registration as medical practitioner in that country, he may be registered as a pre-registration trainee until he has completed such course of training in an institution approved by the Council.

(4)  Every student in medicine who is undergoing pre-qualification training in Mauritius shall so inform the Council in writing, giving such particulars as the Council may require.

 

( 25)

[S. 25 repealed by s. 14 of Act 1 of 2002 w.e.f. 29 January 2002.]

 

( 26) Temporary registration of non-citizens.

(1)  Notwithstanding section 22 (a), a non-citizen shall be entitled to be temporarily registered as a general practitioner if he—

(a) holds a work permit or is exempted from holding a permit under the Non-citizens (Employment Restriction) Act or holds an occupation permit under section 9A of the Immigration Act;

(b) satisfies the requirements set out in paragraphs (b) to (g) of section 22; and

(c) has paid the fee prescribed by the Council.

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

(3) No application for temporary registration under this section shall be processed unless the applicant has submitted all the documents referred to in subsection (1) (a) and section 21(2).

[Inserted 38/11 (cio 15/12/11).]

(4) Every application under this section, which has been duly submitted to the Registrar, shall be determined within 21 days of the date of the submission.

[Inserted 38/11 (cio 15/12/11).]

(5) Where the Registrar is satisfied that an applicant qualifies for registration under this Act, he shall temporarily register the applicant as general practitioner or specialist, as the case may be.

[Inserted 38/11 (cio 15/12/11).]

(6) Where the Registrar does not register an applicant under subsection (5), the Registrar shall refer the application to the Council for its decision.

[Inserted 38/11 (cio 15/12/11).]

 

(7) Where the Council refuses an application, the Registrar shall, not later than 21 days from the date of receipt of the application, notify the applicant accordingly, stating the reasons for the refusal.

[Inserted 38/11 (cio 15/12/11).]

(8) Subsections (3) to (7) shall apply to any application for temporary registration made before and pending on the commencement of section 18 of the Economic and Financial Measures (Miscellaneous Provisions) (No. 2) Act 2011, and the 21-day period referred to in subsection (4) shall run, in relation to such applications, as from the date of submission of all the documents referred to in subsection (3).

[Inserted 38/11 (cio 15/12/11).]

[S. 26 amended by s. 15 of Act 1 of 2002 w.e.f. 29 January 2002; s. 13 of Act 28 of 2007 w.e.f. 27 December 2007; s. 18(b) of Act 38 of 2011 w.e.f 15 December 2011 .]

 

( 27) Temporary registration of visiting medical practitioner.

(1)  A medical practitioner who is—

(a) engaged in Mauritius in the implementation of a Government scheme agreed upon by the Government and the World Health Organisation or some other similar international agency;

(b) visiting Mauritius and has been invited to offer his services under a scheme approved by the Ministry; or

(c) visiting Mauritius for the purpose of teaching, research or study in a medical field under such scheme as may be approved by the Government,

shall be entitled to be temporarily registered as a general practitioner.

(2)  Any medical practitioner of any visiting force or ship lawfully present in Mauritius shall be exempted from registration for the discharge of his duties.

(3)  A medical practitioner registered under subsection (1) shall be exempted from the payment of any fee.

[S. 27 amended by s. 14 of Act 28 of 2007 w.e.f. 27 December 2007.]

 

(28) Certificate of registration

(1)  The Registrar shall issue to every registered person a certificate of registration in such form as the Council may prescribe.

(2)  The Registrar may issue to a registered person a duplicate certificate if he is satisfied that the registered person has lost his certificate of registration.

 

(29) Additional qualifications

Where after registration, a registered person obtains a qualification from a medical institution, the Council may, on application made to it, add the qualification to the register if the Council is satisfied that the qualification is an appropriate qualification to be included in the register.

 

(30) Annual list

(1)  The Council shall, not later than 15 February in every year, publish in the Gazette , an annual list.

(2)  Notwithstanding section 37, a person shall not—

(a) practise medicine as, or profess to be, a general practitioner;

(b) practise as, or profess to be, a specialist,

(Para. (b) came into operation on 1 July 2000.)

unless his name is on the annual list.

(3)  Every general practitioner or specialist who wishes to have his name on the annual list shall—

(a) in the case of a newly registered general practitioner or specialist, on registration;

(b) in any other case, not later than 31 January in every year,

pay to the Council such fee as may be prescribed.

(4)  The Registrar shall, on receipt of the fee under subsection (3), enter the name of the general practitioner or specialist in the annual list.

(5)  A general practitioner or specialist who fails to comply with subsection (3) (b) may apply to the Council to have his name added to the annual list.

(6)   A general practitioner or specialist who makes an application under subsection (5), shall state in writing the reason why he was unable to comply with subsection (3) (b) .

(7)   Where a general practitioner or specialist makes an application under subsection (5), the Council may, if it is satisfied that there are reasonable grounds to explain his failure to comply with subsection (3) (b), cause the name of the general practitioner or specialist to be added to the annual list on payment of such fees as may be prescribed by the Council.

(8)  Any person who contravenes subsection (2) shall commit an offence.