MEDICAL ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Establishment of the Council

   4   Functions of the Council

   5   Appointment of Registrar and other officers and servants

   6   The register

   7   Registration

      Practising certificate

   8   Special registration

   9   Provisional registration

   10   Corrections of register

   11   Censure, suspension and striking off

   12   The Tribunal

   13   Appeals to Tribunal

   14   Offences

   15   Regulations

   16   Minister may amend monetary penalties

      SCHEDULES

 

THE MEDICAL ACT

[Date of Commencement: 1st November, 1976]

Acts
22 of 1972,
28 of 1975,
1 of 1996,
26 of 2004,
7 of 2011.

1   Short title

   This Act may be cited as the Medical Act.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "the Council" means the Medical Council established under section 3;

   "functions" includes duties and powers;

   "practising certificate" means a certificate issued pursuant to section 7A(1);

[1/1996 s 2.]

   "the register" means the Register of Medical Practitioners specified under section 6;

   "registered medical practitioner" means a medical practitioner registered under this Act;

   "the Registrar" means the Registrar appointed under section 5;

   "the Tribunal" means the Tribunal established under section 11.

   (2) Where in any enactment the expression "legally qualified medical practitioner" or "duly qualified medical practitioner" or any word importing a person recognised at law as a practitioner in medicine or surgery or as a member of the medical profession is used, such expression shall be construed to mean a medical practitioner registered under this Act.

3   Establishment of the Council

   (1) There shall be established for the purposes of this Act a body to be called the Medical Council, which shall be a body corporate to which the provisions of section 28 of the Interpretation Act shall apply.

   (2) The provisions of the First Schedule shall have effect with respect to the constitution and procedure of the Council and otherwise in relation thereto.

4   Functions of the Council

   The functions of the Council shall be-

   (a)   to register medical practitioners;

   (b)   to appoint examiners to conduct examinations respect of persons applying for registration as medical practitioners as may from time to time be necessary under the provisions of this Act; and

   (c)   to ensure the maintenance of proper standards professional conduct by registered medical practitioners.

5   Appointment of Registrar and other officers and servants

   The Council shall appoint and employ at such remuneration and on such terms and conditions as it thinks fit, a Registrar and such other officers and servants as it thinks necessary for the proper carrying out of the provisions of this Act:

   Provided that the approval of the Minister shall be obtained for the assignment to any post of a salary in excess of a rate of one hundred thousand dollars per annum or such higher rate as the Minister may, by order, prescribe.

<TS:0.5,NM,NO>[1/1996 s 3.]

6   The register

   (1) The Council shall cause the Registrar to keep a register (to be known as the Register of Medical Practitioners) of the names, addresses, and qualifications, and such other particulars as may be prescribed, of all persons who registered under subsection (3) or who apply in prescribed manner to be registered as medical practitioners and are so registered pursuant to section 7 or 8.

   (2) The register shall be opened to inspection by any member of the public at all reasonable times, and a copy of the register shall be published in the Gazette by the Registrar at such times and in such manner as may be prescribed.

   (3) Every person who immediately before the 1st day of November, 1976, was registered under the Medical Law (Repealed) shall be deemed as from that date, to be registered as a medical practitioner under this Act, and the Registrar shall as soon as practicable after the 1st day of November, 1976, enter the name, address, qualification and other prescribed particulars of such person in the register.

   (4) Subject to the provisions of subsection (3), for the purposes of this Act a person is registered as a medical practitioner if his name appears in the register.

7   Registration

   (1) Any person who-

   (a)   applies to the Council in the prescribed form for registration as a medical practitioner; and

   (b)   satisfies the Council that he-

         (i)   possesses the prescribed qualifications;

         (ii)   is of good character; and

         (iii)   is a fit and proper person to practise medicine; and

   (c)   pays such registration fee as may be prescribed, shall subject to subsection (2) and regulations made under section 14, be registered as a medical practitioner.

   (2) Notwithstanding subsection (1), the Council may require any person who applies for registration as a medical practitioner under this Act, to submit to, such examination as the Council thinks necessary with respect to the qualifications of that person.

   (3) The Registrar shall issue to every person registered as a medical practitioner under this Act a certificate of registration in the prescribed form.

   (4) Subject to section 7A, every registered medical practitioner shall be entitled to practise medicine in Jamaica and to demand and recover any reasonable charges for services rendered by him as a medical practitioner and for all drugs, medicines and appliances supplied by him.

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