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Vanuatu Consolidated Legislation - 2006 |
LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006
Commencement: 14 May 1984
CHAPTER 164
HEALTH PRACTITIONERS
Act
5 of 1983ARRANGEMENT OF SECTIONS
PART 1 – PRELIMINARY
1. Interpretation
PART 2 – THE HEALTH PRACTITIONERS BOARD
2. The Board
3. Proceedings of the Board
PART 3 – REGISTRATION OF HEALTH PRACTITIONERS
4. Board to maintain register
PART 4 – PROFESSIONAL DISCIPLINE
10. Complaints of unprofessional conduct
11. Constitution of Disciplinary Committee
12. Proceedings in Disciplinary Committees
14. Powers of Disciplinary Committees
PART 5 – MISCELLANEOUS
15. Appeals to the Supreme Court
16. Chemists etc. not affected by the Act
20. Application of the Act
SCHEDULE – Certificate of Registration
HEALTH PRACTITIONERS
To provide for the setting up of a Health Practitioners Board, registration of health practitioners and their professional conduct and for matters incidental thereto.
PART 1 – INTERPRETATION
1. Preliminary
In this Act, unless the context otherwise requires –
"appointed member" means a member of the Board appointed under section 2(1)(b);
"the Board" means the Health Practitioners Board set up under section 2;
"Disciplinary Committee" means a Committee set up under section 10;
"health practitioner" means a person practicing a health profession;
"health profession" means any of the following –
(a) medicine and surgery;
(b) dentistry;
(c) (repealed);
(d) ancillary medical professions being –
(i) physiotherapy;
(ii) osteopathy;
(iii) radiography;
(iv) medical laboratory technician;
(v) any other ancillary medical profession as the Minister may by Order prescribe;
"Minister" means the Minister for the time being responsible for matters relating to health practitioners and the health profession;
"registered practitioners" means a health practitioner registered under this Act;
"registration" means registration under this Act and "registered" has a corresponding meaning;
"secretary" means the secretary to the board.
PART 2 – THE HEALTH PRACTITIONERS BOARD
2. The Board
(1) There shall be a board to be known as the Health Practitioners Board consisting of:
(a) the Minister; and
(b) three members appointed by the minister one each to be a registered practitioner in –
(i) medicine;
(ii) surgery;
(iii) dentistry.
(iv) (repealed)
(v) (repealed)
(c) one other member appointed by minister who is not a health practitioner.
(2) The appointed members shall hold office for a term of 3 years but may be re-appointed; their appointment may be terminated for cause by the Minister at any time.
(3) The Minister or, in his absence, a person acting in his stead shall be the chairman of the Board and shall preside at its meetings.
(4) The appointed members shall serve without remuneration, but may be paid reasonable travelling and other expenses when engaged on the business of the Board.
(5) The Board may, if it thinks fit so to do invite any person to take part in its deliberations but such person shall not have the right to vote.
(6) The Minister shall appoint a secretary to the Board.
3. Proceedings of the Board
(1) The Minister or, in his absence, a person acting in his stead and four appointed members shall constitute a quorum.
(2) The Board shall meet at such times and places as the Minister or a person acting in his stead shall direct.
(3) The decisions of the Board shall be made by a majority of votes of members present at a meeting; in the event of an equality of votes the chairman shall have a second or casting vote.
(4) Subject to the provisions of this section the Board shall regulate its own procedure.
PART 3 – REGISTRATION OF HEALTH PRACTITIONERS
4. Board to maintain register
(1) It shall be the duty of the Board to prepare and maintain a register for and in respect of each health profession of the names, addresses, qualifications and such other particulars as may be prescribed, of all persons who are entitled to be registered under this Act and who apply for registration.
(2) A person applying for registration shall pay such fee in respect of the application as the Minister may by Order prescribe.
5. Qualifications for registration
(1) A person shall be entitled to be registered under this Act if he proves to the satisfaction of the Board –
(a) in the case of an applicant for registration to practise medicine and surgery or dentistry, that he is the holder of a degree or diploma granted by a recognized university, medical school or similar institution and that he is entitled so to practise in the country in which the degree or diploma was granted;
(b) in the case of an applicant for registration to practise any other health profession –
(i) that he has such training, skill and practical experience in that profession as, in the opinion of the Board, are together sufficient to practise that profession; and
(ii) if the Board so requires, that he has successfully completed a recognized training course in that profession.
(2) The Board may require an applicant for registration to produce such documents or other evidence relating to his qualifications for registration as the Board shall think fit.
6. Certificate of registration
(1) Where a person is registered he shall, on payment of such fee as the Minister may by order prescribe, be granted a certificate of registration in the form set out in the Schedule to this Act.
(2) If the registration is cancelled or suspended the holder of the certificate of registration shall forthwith deliver it up to the secretary.
(3) A person who contravenes the provision of subsection (2) shall be guilty of an offence.
Penalty: imprisonment for 3 months or a fine of VT 10,000, or both.
7. Provisional registration
(1) The registration of a person shall be provisional for a period of 6 months from its date and may be cancelled by the Board at any time during that period if the Board is of the opinion that by reason of his conduct, his character, lack of skill or experience or for similar reasons he is not a suitable person to exercise the health profession in respect of which he is registered.
(2) For the avoidance of doubt it is hereby declared that after the expiry of the period mentioned in subsection (1) registration may only be cancelled in accordance with the provisions of section 8 or 14(2).
8. Cancellation of registration
Without prejudice to the provisions of section 7 the Board may cancel the registration of a person if –
(a) his registration has been obtained by fraud, misrepresentation or mistake; or
(b) he has been convicted of an offence punishable by imprisonment without the option of a fine; or
(c) in the opinion of the Board, he is, by reason of a physical or mental incapacity, unable satisfactorily to exercise the health profession in respect of which he is registered.
9. Visiting doctors etc.
(1) Notwithstanding anything to the contrary contained in this Act, the Board may grant to a person not ordinarily resident in Vanuatu, a temporary certificate which shall entitle that person to practise medicine and surgery or dentistry –
(a) in such case or class of case, and
(b) during such period, not exceeding 3 months,
as shall be specified in the certificate.
(2) Before granting a certificate under this section the Board shall satisfy itself, so far as it shall be practicable in the circumstances, that the recipient of the certificate is a person qualified for registration in accordance with the provisions of section 5(1)(a).
(3) In urgent cases a certificate under this section may be granted by the Minister or a person acting in his stead.
(4) A certificate under this section may be revoked by the Board at its discretion at anytime.
PART 4 – PROFESSIONAL DISCIPLINE
10. Complaints of unprofessional conduct
(1) Any complaint of the conduct of a registered health practitioner in his professional capacity must be made in writing to the Minister and must contain specific allegations of acts or omissions on which the complaint is based.
(2) If, having considered the complaint and having made such other preliminary enquiries (if any) as he thinks fit, the Minister is of the opinion that there exists a prima facie case of misconduct the Minister shall set up a Disciplinary Committee to deal with the complaint in accordance with this Act.
11. Constitution of Disciplinary Committee
(1) A Disciplinary Committee shall consist of –
(a) the Minister or a person acting in his stead who shall be the chairman;
(b) the Attorney General or a law officer nominated by him;
(c) not less than two registered practitioners appointed by the Minister;
(d) not more than two other persons appointed by the Minister.
(2) Where a Disciplinary Committee deals with a complaint against a registered practitioner at least one of the members of the Committee shall be a person registered for or in respect of the same health profession as the practitioner against whom the complaint has been made.
(3) The Minister shall appoint a public servant to be secretary to a Disciplinary Committee.
12. Proceedings in Disciplinary Committees
(1) All matters before a Disciplinary Committee shall be decided by a majority of votes of all its members; in the event of an equality of votes the chairman of the Committee shall have a second or casting vote.
(2) The attendance of all the members of a Disciplinary Committee shall be required to constitute a quorum.
(3) In any proceedings before a Disciplinary Committee the following rules shall apply –
- (a) a sufficient notice of the time and place of the hearing together with the particulars of the complaint shall be given to the person against whom the complaint has been made and to the complainant;
- (b) any party to the proceedings shall, if he so requires, be entitled to be heard by the Committee and to be represented or assisted by a legal practitioner or a registered health practitioner;
- (c) unless the Committee otherwise directs, the proceedings shall be held in public.
13. Evidence in disciplinary proceedings
(1) A Disciplinary Committee, by notice in writing signed by the chairman of the Committee or its secretary, may require any person to attend and give evidence before it at the hearing of any complaint under this Part, and to produce any documents in that person's custody or under his control relating to the subject matter of the complaint.
(2) A Disciplinary Committee may require evidence to be given on oath, and either orally or in writing, and for that purpose the chairman of the Committee may administer any oath.
(3) Witnesses and legal practitioners and registered health practitioners referred to in section 12(3) (b) shall have the same immunities and privileges in relation to proceedings before a Disciplinary Committee as in proceedings in a court of law.
(4) The secretary to a Disciplinary Committee shall keep the minutes of the proceedings and record the evidence in such manner as the Committee shall direct.
(5) Any person who without lawful justification refuses or fails to attend and give evidence when required to do so by a Disciplinary Committee, or to answer truly any question put to him, or to produce any document required of him, shall be guilty of an offence.
Penalty: imprisonment for 6 months or fine of VT 50,000, or both.
14. Powers of Disciplinary Committees
(1) If a Disciplinary Committee finds that the acts or omissions alleged in the complaint –
(a) have not been proved to the satisfaction of the Committee; or
(b) do not constitute misconduct of the registered practitioner in his professional capacity; or
(c) are of trivial nature,
the Committee shall dismiss the complaint, and may order the complainant to pay such sums, if any, as the Committee shall determine, by way of the costs of the proceedings, or a part thereof, to the Treasurer and to the registered practitioner against whom the complaint has been made.
(2) If a Disciplinary Committee finds a registered practitioner guilty of misconduct in his professional capacity, it may, according to the gravity of the allegations proved in the proceedings –
(a) order that his registration be cancelled or suspended for such period not exceeding 2 years as the Committee shall think fit;
(b) reprimand him;
(c) order him to pay such sum to the Treasurer, as the Committee shall determine, by way of the costs of the proceedings or a part thereof.
(3) Any sum ordered to be paid under this section may be recovered in a like manner as a civil debt.
PART 5 – MISCELLANEOUS
15. Appeals to the Supreme Court
Any person –
(a) whose application for registration under section 4 has been refused;
(b) whose registration has been cancelled under section 7 or 8;
(c) whose registration has been cancelled or suspended in pursuance of an order of, or who has been reprimanded by, a Disciplinary Committee, under section 14,
may, within 21 days of the date of the notification to him of such refusal, cancellation, order or reprimand, appeal to the Supreme Court and on any such appeal the Supreme Court may make such order as it thinks just having regard to the merits of the case and the public welfare.
16. Chemists, etc. not affected by the Act
(1) Nothing in this Act shall extend to or affect the lawful occupation, trade or business of pharmacists, druggists or dispensing opticians.
(2) In subsection (1) "dispensing optician" means a person engaged in the fitting and supply of optical appliances but not in the testing of sight.
17. Traditional medicine not affected by the Act
Nothing in this Act shall extend to or affect the practise in good faith by any person of the traditional medicine of the people of Vanuatu if such person is recognized to be competent to exercise such practise according to custom.
18. Offences
(1) Any person who, not being the holder of a valid certificate of registration, practises or holds himself out to be registered to practise a health profession shall be guilty of an offence.
(2) Any person who being registered for and in respect of any health profession, practises, or holds himself out as registered to practise a health profession other than that in respect of which he is registered shall be guilty of an offence.
(3) A person convicted of an offence under subsection (1) or (2) shall be liable to imprisonment for a term not exceeding 3 years or a fine not exceeding VT 500,000, or both such imprisonment and fine.
19. Fees
The Minister may by Order prescribe different fees for different health professions in respect of applications for, and certificates of, registration under this Act.
20. Application of the Act
The provisions of this Act shall apply in relation to every health practitioner in Vanuatu, whether in private practice or in employment under a contract of service, and if the latter, whether he is employed by the Government, a local authority, or any other body or organisation whatsoever:
Provided that any health practitioner employed by the Government or a local authority or any public organization (whether national or international) and practising exclusively in the course of his employment shall be exempt from the payment of any fees under this Act.
SCHEDULE
(Section 6)
MINISTRY OF HEALTH
HEALTH PRACTITIONERS ACT CAP. 164
CERTIFICATE OF REGISTRATION
This is to certify that
..............................................................................
(name and address)
has been registered as a person qualified
and entitled to practise
................................................................................
(description of the health profession)
in accordance with the provisions of section 5 of the
Health Practitioners Act Cap. 164.
By order of the Health
Practitioners Board
...........................................
Chairman
.............................................
Port Vila Secretary to the Board
Date ..........................................
_____________________________
Table of Amendments (since the Revised Edition 1988)
1 Amended by Act 20 of 2000
2(1) (b) Amended by Act 20 of 2000
2(6) Substituted by Act 18 of 1988
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