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Maltese Laws |
HEALTH CARE PROFESSIONS ACT
To regulate the practice of health care professions in Malta.
21st November, 2003
ACT XII of 2003, as amended by Act III of 2004; Legal Notices 253 and 342 of 2004; Act
XIII of 2005; and Legal Notices 376 of 2005, 147 of 2006, 427 of 2007, 27, 140 and 177 of
2008, and 159, 206, 373 and 442 of 2011.
ARRANGEMENT OF ACT
Articles | ||
Part I | Preliminary | 1 - 6 |
Part II | Medical Practitioners and Dental surgeons | 7 - 12 |
Part III | Pharmacists and Pharmacy Technicians | 13 - 18 |
Part IV | Nurses and Midwives | 19 - 24 |
Part V | Professions Complementary to Medicine | 25 - 28 |
Part VI | Specialists | 29 - 30 |
Part VII | Disciplinary Action, Offences and Erasure of Names | 31 - 41 |
Part VIII | Registration of Citizens of Member States | 42 - 44 |
Part IX | Miscellaneous Provisions | 45 - 51 |
Part X | Saving and other provisions | 52 - 53 |
SCHEDULES
First Schedule Rules of Procedure and other rules relating to Councils and Specialist
Accreditation Committees
Second Schedule Recognised Qualifications
Third Schedule Professions Complementary to Medicine
Fourth Schedule Professional Associations
Fifth Schedule Specialist Registers
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Health Care Professions
Act.
Interpretation. Amended by: III. 2004.12;
L.N. 27 of 2008.
"adaptation period" means the pursuit of a regulated profession in the host Member State under the responsibility of a
qualified registered member of that profession, such period of supervised practice possibly being accompanied by further training;
"aptit ude test " means a t e st l imited to the pro f essional knowledge of the applicant, made by the relevant Councils
with the aim of assessing the ability of the applicant to pursue a regulated profession in Malta;
"Council for Nurses an d Midwives" means the Council established by article 21;
"C ouncil for the Professions Co mp l e ment ary to Med i ci n e " means the Council established by article 26;
"European Economic Area" means the area composed of the state parties to the agreement on the European Economic Area, other
than member states of the European Union; and agreement on the European Economic Area means the agreement establishing such area
to which Malta became a party pursuant to the Treaty;
"European Union" means the European Union referred to in the
Treaty;
"evidence of formal qualifications" means diplomas, certificates and other evidence issued by the competent authority in
a Member S t ate designated p u rsuant t o legislativ e, regu latory or ad mi ni str a tiv e p r o v isi o n s of t h at Member
St ate a nd certifying successful completion of professional training obtained mainly in the Community. Evidence of formal qualifications
issued by a third country shall be regarded as evidence of formal qualifications if the holder has three years formal experience
in the profess i on concerned on the territory of the Member State which recognised that evidence of formal qualification, certified
by that Member State;
"g oo d co nd uct" mean s con d u c t app r o v ed by th e rel e v a nt
Council;
"health care profession" means a profession regulated by this
Act;
"health care professional" means a person who is authorised to practise a health care profession in accordance with the
provisions of this Act;
"legal prac titioner" me ans a person who ha s pra c tised as an advocate in Malta for a period of, or periods amounting
in the aggregate to, not less than seven years;
"Medical Council" means the Council established by article 9;
"Member State" means a state member of the European Union, a
state within the European Economic Area, Switzerland or any other state as the Minister may prescribe;
"Minister" means the Minister responsible for health;
"Pharmacy Council" means the Council established by article 15; "practice" in respect of any health care professional
means the
taking up and, or pursuit of the respective profession and includes the provision of services;
"prescribed" means laid down by regulations in accordance with the provisions of this Act;
"professional and ethical standards" includes standards relating to the general conduct of a member of a health care profession,
including the behaviour of such member towards his client or the p a t i ent un der hi s car e or b e i n g attend ed by hi m, d
u rin g o r consequential to the exercise of his profession, and the behaviour o f such member towards other members of h i s p r
ofessi on an d to wards members of other health care pr ofessions and towards society;
"professional complementary to medicine" means a health care professional whose name is entered in the Registers of Professions
Complementary to Medicine referred to in article 28;
"professional experience" means the actual and lawful pursuit of the profession concerned in a Member State;
"qualified person" shall have the same meaning as that given under the Medicines Act;
"regulated education and training" means any training which is specifically geared to the pursuit of a given profession
and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional
practice. The structure and level of the professional training, probationary or professional practice shall be determined by the
laws, regulations or adm inistrat ive pro visions of the Member State co ncerned or monitored or approved by the authority designated
for that purpose;
"regulated profession" means a professional activity or group of professional activities, access to which, the pursuit
of which, or on e of the modes of pursuit of which is sub j ect, d i rectl y or indirectly, by virtue of legislative, regulatory
or administrative provisions, to the possess io n of sp ecif i c p r o f essi on al qualifications; in particular, the use
of a professional title limited by legislative, regulatory or administrative provisions to holders of a g i v e n p r ofessio n al
quali ficati on, shall const itu te a m ode o f pursuit;
"relevant Council" means:
(a) in relation to medical practitioners and dental surgeons, the Medical Council;
(b) in relation to pharmacists and pharmacy technicians, the Pharmacy Council;
(c) in relation to nurses and midwives, the Council for
Nurses and Midwives; and
Cap. 458.
Cap. 460.
Practice of a health care profession and use of professional title.
Amended by: III. 2004.13;
L.N. 27 of 2008.
(d) in relation to the Professions Complementary to Medicine, the Council for the Professions Complementary
to Medicine;
"specialist" means a health care professi onal whose name is entered in the appropriate part of the specialist register
kept by the relevant Council in accordance with this Act;
"Specialist Accreditation Committee" means a committee set up under article 30;
"third country" means any country other than a member state;
"the Treaty" has the same meaning as is assigned to it in article 2 of the European Union Act.
(2) (a) A person shall only be entitled to use a professional title if he fulfi l s the condi tions set by the rel e vant C o u n ci l
fo r t a ki ng u p an d pu rsu i t , i n Mal t a, of t h e healthcare profession to which the title refers.
(b) The titles referred to in paragraph (a) are: (i) medical practitioner
(ii) dental surgeon
(iii) midwife
(iv) nurse
(v) pharmacy technician
(vi) pharmacist.
(3) Healthcare professionals registered with any of the relevant Councils shall be leg a lly entitle d to u s e those academic
titles conferred on them in the home Member St ate, and possibly an abbreviated form ther eof, in the language of the home Member
State as long as that title is followed by the name and address of the establishment or examining board which awarded it.
(4) In those cases where an academic title of the home Member State is liable to be confused with a title which in Malta requires
supplementary training not acquired by the professional, then the relevant Council may require the professional to use the academic
title of the ho m e Mem b er S t ate in an appropriate form, as prescribed by the Council.
Concurrent practice.
Provided that, the Minister may, upon a recommendation of the relevant Council or Councils, prescribe the circumstances in which any health care professional m ay practise more than one health care profession concurrently.
(2) For the purposes of this Act, "special supervision" means the supervision, by the relevant Council, of the professional and ethical standards as prescribed by the relevant Council established under this Act, over the respective health care professional.
Health care professions subject to supervision.
to Medic i ne and by each of the Specialis t Accreditation
Committees.
(2) Where not otherwise provided in the First Schedule or in the Rules of Procedure that may be prescribed, each of the Councils
and Committees referred to in subarticle (1) may regulate its own procedures.
PART II
MEDICAL PRACTITIONERS AND DENTAL SURGEONS
(2) No person shall qualify for a licence to practice as a medical practitioner unless -
(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in the Medical Register, in accordance with article 11.
(3) Notwithstanding the provisions of subarticle (1), a person who has qualified for the degree of Doctor of medicine and surgery
of the University of Malta, or a person who is so required to do in virtue of the provisions of article 11(1)(c), may practise as
a house physician and, or sur g eon in a g overnm e nt ho spi t al or other hospital recognized for such purpose by the Medical
Council, and in the performance of the duties assigned to him in that capacity such person shall, for all pu rpos es of law, be
d eemed to be a medical practitioner.
(4) In regard to any person exercising the medical profession as provided in subarticle (3), the functions of the Medical Council
u nder art i cle 32 shall inclu d e th e power to infl ict any penalt y applicable to medical practitioners and to order that such
person shall not practise the medical profession even as a house physician an d , or su r g eo n in a g o v er nm ent h o s pi t
a l or ot her h o s pi t a l recognized by the Medical Council for the purpose, and that his name shall not be entered in the Medical
Register; and where any such order has been made, it shall, for the purposes of this Act,
Procedure of relevant Councils.
Conditions to practise as a medical practitioner.
have effect as if the name of such person had been erased from the said Register.
Conditions to practise as dental surgeon.
The Medical
Council.
(2) No person shall qualify for a licence to practise as a dental surgeon unless -
(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in the Register of Dental Surgeons referred to in article 12.
Functions of the Medical Council. Amended by:
III. 2004.14.
State from which a foreign national comes, of any serious matter which occurred outside their territory, prior to the establishment
of that person in Malta and which is likely to effect the taking up of the activity of any of the professions regulated by it in
Malta;
(f) to verify the accuracy of facts communicated to it by other Member States, determine the nature and extent of any investigation
to be made pursuant thereto, and to inform such Member States of any action taken with regards to any certificates or documents
issued by them;
(g) to ensure the confidentiality of information fowarded to other Member States;
(h) to forward to any Member State concerned all information regarding measures taken in respect of healthcare
professional as well as regarding any criminal penalty imposed on such professionals;
(i) to levy such fees, from its registered medical practitioners and dental surgeons, for initial
registration and yearly retention fees thereafter, as may be prescribed in consultation with those associations representing the
majority of medical practitioners and dental surgeons respectively, and any other body which is deemed appropriate by the
Council;
(j) at the request of the Minister, or otherwise, to advise the Minister on any matter affecting the medical and dental professions;
(k) to perform any other function that may be assigned to it by this Act or any other law.
(2) The Medical Council may set up committees for the purpose of enforcing professional and ethical standards applicable
to the health care professions regulated by it and generally in order to better perform its functions.
(3) Subject to any rules made for it by the Medical Council or to any rule that may be prescr ibed, any co mm ittee establi sh
ed under subarticle (2) may regulate its own procedure.
(4) The Medical Council shall publish an annual activity repo rt, n o t l a ter than the end of the f i r s t qu arter of
th e year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council
during the year.
1612/68 EEC or of a person who has been established in a Member
State, who holds -
(a) the degree of Doctor of Medicine and Surgery from the
Medical Register.
Amended by:
III. 2004.15;
L.N. 27 of 2008.
University of Malta:
Provided that the Medical Council shall not enter such name unless the applicant, upon qualifying for such degree, has served as a
house physician and, or surgeon in a government hospital or other hospital recognized for that purpose by the Medical Council
for a period of one or two years as the Minister may prescribe; or
(b) any of the qualifications listed in Second Schedule, Parts Ia, Ib, Ic, Id; or
(c) a qualification recognised for the purpose by a Member State, obtained from a University College, or Medical School:
Provided that in respect of applicants coming from third countries, whose qualifications have not been recognised in a Member
State, the Medical Council may, in respect of such qualifications, require the applicant to sit for and pass a
professional and linguistic proficiency test, and may also require that he serves as house physician and, or surgeon in a hospital
recognized for the purpose by the Medical Council, for such period, being not longer than two years, as the Minister may prescribe,
and the provisions of article
7(3) and (4) shall apply to a person required in virtue of this proviso to serve as a house physician or surgeon
as if such person were the person referred to in those subarticles.
(2) The Medical Council shall keep a register in which, following an application to that effect by the person concerned,
shall be entered, for a period not exceeding two years and subject to any condition as the Medical Council may deem necessary, the
name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree of Doctor of Medicine and
Surg er y o f t h e Un iversi ty of Malta o r a q u ali f icat io n l i sted in Second Schedul e Parts Ia, Ib, Ic, Id or any oth
e r q u alificati o n recognised for that purpose by the Medical Council.
(3) The Medical Council shall keep a list of provisional registration in which shall be entered, upon an application to
this effect by the person concerned, the name of every person who holds the degree of Doctor of Medicine and Surgery from the University
of Malta or a qualification recognized by the Medi cal Council obtained from any other university, college or medical council, and
who is serving as a house physician and, or surgeon at a hospital recognized by the Medical Council in terms of this Act.
(4) The Medical Council may require the competent authorities in a Member S t ate to confirm t h e a u th ent i cit y of di pl
om as, certificates and other evidence of formal qualification purporting to be issued in such Member States as w ell as t o conf
ir m th at the person concerned has fulfilled all the training requirements laid down by this Act.
(5) The Medical Council shall keep separate registers for each
of the specialities listed under the Fifth Schedule.
12. (1) The Medical Council shall keep a register, in this Act r e f e r r ed t o as "t he Regist er of D e n t al Sur g eo ns",
i n whi c h, following an application to this effect by the person concerned, shall be entered the name of any citizen of Malta,
or of a Member State, or of a person who benefits from the provisions of Article 11 of Regul at ion 161 2/6 8 EEC or of a p e rson who has b e en established in a Member State who holds -
(a) a degree in Dental Surgery from the University of
Malta, or;
(b) any of the qualifications listed in Second Schedule
Part IIa; or;
(c) a qualification recognised for the purpose by a Member State, obtained from a university, college or medical school:
Provided that in respect of applicants coming from third countries whose qualifications have not been recognised in
a Member State, the Medical Council may, in respect of such qualifications, require the applicant to sit for and pass
a professional and linguistic proficiency test.
(2) The Medical Council shall keep a register in which, following an application to that effect by the person concerned,
shall be entered, for a period not exceeding two years and subject to any condition as the Council may deem necessary, the name
of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree in Dental Surgery of the University
of Malta or a qualification listed in Second Schedule, Part IIa or any o t her qualificatio n recogn ised b y the Medical Coun cil
for the purpose.
(3) The Medical Council may require competent authorities in a Member S t at es to confirm th e authenticity of diplomas, certificates
and other evidence of formal qualifications issued in such Member State, as well as to confirm that the person concerned has fulfilled
all the training requirements laid down by this Act.
(4) Notwithstanding the provisions of subarticle (1) the Med i cal Council shall keep a regi st er in which, fol l
owin g an application to that effect by the person concerned, shall be entered for a period not exceed ing one year the name of
any citiz en of Malta or of a Member State who has qualified for the qualifications listed in paragraphs (a) or (b) or, subject to the provisions of the proviso thereto, of paragraph (c) of subarticle (1) but has not yet obtained such qualification.
(5) For the purposes of this Act the professional activities of dental sur g eon sha ll include the pre v ention, diagnosis and
treatment of anomalies and diseases effecting the teeth, mouth, jaws and adjoining tissue having due regard to the regulatory provisions
and rules of professional ethics on the reference dates referred in Part IIa of the Second Schedule.
Register of Dental surgeons. Amended by:
III. 2004.16; L.N. 27 of 2008.
PART III
Conditions to practise as a pharmacist. Amended by: L.N. 27 of 2008.
PHARMACISTS AND PHARMACY TECHNICIANS
(2) No person shall qualify for a licence to practise as a pharmacist unless -
(a) he is a citizen of Malta, or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct;
(c) his name is entered in the Register of Pharmacists referred to in article 17.
(3) Persons registered as pharmacists shall gain access and pursue at least the following activities, subject to the requirement,
where appropriate, of supplementary professional experience:
(a) preparation of the pharmaceutical form of medicinal products;
(b) manufacture and testing of medicinal products;
(c) testing of medicinal products in a laboratory for the testing of medicinal products;
(d) storage, preservation and distribution of medicinal products at the wholesale stage;
(e) preparation, testing, storage and supply of medicinal products in pharmacies open to the public;
(f) preparation, testing, storage and dispensing of medicinal products in hospitals;
(g) provision of information and advice on medicinal products.
(4) If access to or pursuit of one of the activities of a pharmacist is made contingent upon supplementary professional
exp e rience, in additio n to po ssession of evidence of fo rm al qualifications referred to in the Second Schedule, Part III then
the Council shall recognise as suf f ic ient proo f in this regard a certificate issued by the competent authorities in the home
Member State stating that the person concerned has been engaged in those activities in the home Member State for a similar period.
(5) The recognition referred to in the preceding sub-article shall not apply with regard to the two-year period of professional
experience required by the Grand Duchy of Luxembourg for the grant of a State public pharmacy concession.
Conditions to practise as a Pharmacy Technician.
(a) he is a citizen of Malta, or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in the Register of Pharmacy
Technicians, referred to in article 18.
Council, and which shall consist of the following members:
(a) a President appointed by the Prime Minister, from amongst legal practitioners;
(b) one licensed pharmacist appointed by the Prime
Minister;
(c) one licensed pharmacist appointed by the University of
Malta;
(d) five licensed pharmacists elected from amongst and by all licensed pharmacists;
(e) one registered pharmacy technician elected from amongst all registered pharmacy technicians;
(f) two registered qualified persons, one elected from amongst all registered qualified persons and one appointed by
the Prime Minister, and who shall only be required to attend Council sittings when the matter under discussion relates to their
profession;
(g) two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister:
Provided that, when the Pharmacy Council is discussing p h armacy t e chni ci ans o r decidin g o n any matt er rel a ti ng t
o a pharmacy technician, there shall also sit on the Pharmacy Council two other pharmacy technicians, one of whom being elected from
amongst and by all pharmacy technicians and the other appointed by the Prime Minister.
The Pharmacy Council. Amended by: L.N. 27 of 2008.
(a) to recommend to the President of Malta the granting of licences to pharmacists to practise their profession;
(b) to recommend to the President of Malta the withdrawal of licences in respect of any pharmacist in accordance with article 38;
(c) to keep, publish and update registers in respect of the pharmaceutical profession, and specialist registers of the pharmaceutical
profession as may be prescribed, as well as registers for special areas of practice, as may be determined by the Pharmacy Council;
(d) to prescribe and maintain professional and ethical standards for pharmacists and pharmacy technicians and qualified
persons;
(e) to inform the member State of origin or the Member State from which a foreign national comes, of any serious matter which
occurred outside their territory, prior to the establishment of that person in Malta, and which is likely to effect the taking
up of the activity of
Functions of the Pharmacy Council. Amended by:
III. 2004.17; L.N. 27 of 2008.
any the professions regulated by it in Malta;
(f) to verify the accuracy of the facts communicated to it by other Member States, determine the nature and extent of any
investigation to be made pursuant thereof and inform such Member State of any action taken with regard to the certificates
or documents issued by them;
(g) to ensure the confidentiality of information forwarded to other Member States;
(h) to forward to any Member State concerned all the information regarding measures taken in respect of a healthcare professional
as well as regarding any criminal penalties imposed on such professional;
(i) to levy such fees, from registered pharmacists and pharmacy technicians, for initial registration and yearly
retention fees thereafter, as may be prescribed in consultation with such associations as appropriate;
(j) at the request of the Minister or otherwise, to advise the Minister on any matter affecting the pharmaceutical
profession, either on its own accord or as referred to it by the Minister.
(2) The Pharmacy Council may set up committees for the purposes of enforcing professional and ethical standards applicable
to pharmacists and pharmacy technicians, and generally in order top better perform its functions.
(3) Subject to any rules made for it by the Pharmacy Council or to any rule that may be prescribed, any committee established under
subarticle (2) may regulate its own procedure.
(4) The Pharmacy Council shall publish an annual activity report, not later than the end of the first quarter of the year
reported upon, containing a statement of the activities carried out or pursued by the Council during the year.
Register of Pharmacists. Amended by: III. 2004.18;
L.N. 27 of 2008.
1612/68 ECC or of a person who has been established in a Member
State who holds -
(a) a degree in pharmacy from the University of Malta; or
(b) a qualification listed in Second Schedule Part III; or
(c) a qualification recognised for the purpose by a Member State obtained from a University, College or recognised
institution:
Provided that in respect of an applicant coming from a third country, whose qualifications have not been recognised
in a Member State, the Pharmacy Council may in respect of such qualification, require the applicant to sit for an pass
a professional and
linguistic proficiency test and may also require that the applicant under goes further training in pharmacy in a pharmaceutical
establishment recognised for the purpose by the said Council.
(2) The Pharmacy Council shall, following an application to that effect by the person concerned, keep a register in which, for
a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, shall be entered the name
o f every p e rson, not bei n g a ci tizen of Mal t a or a citi zen of a Member State, who holds the degree in Pharmacy of the University
of Malta or a qualification listed in Part III of the Second Schedule or any other qualification recognised by the Pharmacy Council.
(3) (a) The Pharmacy Council may require competent au thor ities i n a Mem b er S t ate t o conf irm th e authe n
tic i ty of diplomas , certificates a n d other evidenc e of forma l qualif ications issue d in such Member State, as well as to
confirm that the person concerned has fulfilled all the training requirements laid down by national law.
(b) Diplomas, certificates and other evidence of formal qua lifications in Pharmacy wh i c h were awar ded t o na tionals of
Member St ates by Member St ates and whi c h do no t sat i sf y al l the min imu m t r ain i n g requirements laid down under
national law, shall be treated as diplom as satisfying these requirements if they are evidence of trai n i ng w h ic h ha s c
o m p le ted before the implementation of Directive 85/432/EEC or th ey are evid ence of trai ning which was comple ted af ter bu t which was comm enced before t h e implementation of the
said Directive, and in each case if they are accompanied by a certificate stating that the hol der the r eo f has bee n e f fect
ive l y and l a wful ly occupied as a pharmacist in a Member State for at least three consecutive years during the five years preceding
the award of the certificate and provided further that such an act and activity is regulated in that State.
(4) Notwithstanding the provisions of subarticle (1) the Pharmac y Council shall kee p a re gi ster in which, following
an application to that effect by the person concerned, shall be entered for a period not exceeding one year the names of any citizen
of Malta, or of a Member S t ate who has qualified for the qualifications listed in p a r a grap hs ( a ) or ( b ) or, su bj ect t o th e provisions of the proviso thereto, of paragraph (c) of subarticle (1) but has not yet obtained such qualification.
(a) such qualification in the practice of the profession of pharmacy technician as may be prescribed obtained
Register of Pharmacy Technicians. Amended by: III. 2004.19.
Cap. 451.
from the University of Malta or from a training institution recognised by the Pharmacy Council; or
(b) an equivalent qualification obtained from a University, College or training institution within a Member State; or
(c) any other qualification recognized by the said Council: Provided that the Pharmacy Council may, in
respect of such qualification, require the applicant to sit for and pass a professional and linguistic
proficiency test.
(2) For the purposes of subarticle (1)(b), the provisions of the Mutual Recognition of Qualifications Act, and of any regulations made thereunder, shall apply in respect of education and training qualifications, evidenc e of professional
experie nce, adapta tion period and aptitude test.
(3) The Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned,
shall be entered, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, the
name of every person, not being a citizen of Malta or a citizen of a Member State, who holds a qualification described in subarticle
(1)(a), (b) or (c).
(4) Notwithstanding the provisions of subarticle (1) the Pharmacy C ouncil shall keep a reg i ste r in wh ic h, f ol
lo wi n g an application to that ef fe ct by the person concerned, shall be registered for a period not exceeding one year the
names of any citizen of Malta or of a Member State who has qualified for the qualifications listed i n parag r ap hs ( a ) or ( b ) or, subject to the provisions of the proviso thereto, in paragraph (c) of subarticle (1), but has not yet obtained such qualification.
Register of Qualified Persons. Added by:
L.N. 27 of 2008.
Cap. 458.
(a) such qualification in the practice of the profession of qualified person as may be prescribed in the Medicines Act or regulations made thereunder; or
(b) an equivalent qualification obtained from a university, college or training institution within a Member State.
(2) The Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned,
shall be entered, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, the
name of every person, not being a citizen of Malta or of a Member State, who holds a qualification described in sub-article (1)(a) or (b).
(3) Notwithstanding the provisions of sub-article (1), the
Pharmacy Council shall keep a r e gi ster in wh ich f o ll owi n g an
application to that effect by the person concerned, shall be entered, for a period not exceeding one year, the name of any citizen
of Malta or of a Member State who has qualified for the qualifications listed in par a grap h ( a ) or ( b ) b u t has yet no t o b tain ed such qualification.
PART IV
NURSES AND MIDWIVES
(2) No person shall qualify for a licence to practise as a midwife unless -
(a) he is a citizen of Malta or of a Member State is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) he is entered in the Register of Midwives, referred to in article 23.
Conditions to practise midwifery profession. Amended by:
L.N. 27 of 2008.
(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in any part of the Register of
Nurses, referred to in article 24.
(2) (a) No second level registered nurse may practise his profession unless under the supervision of a first level registered nurse
or, in the abs e nce of a first level registe r ed nurse, under th e direction of a medic a l practitioner.
(b) It shall not be lawful for a person whose name is en tered i n a special part, bu t not in Part I o f t h e Register
of Nurses, to practise the nursing profession ex cept in the sp ecia l ar ea in resp ect of which he is registered or as a second
level registered nurse outside the special area in respect of which he is registered.
(3) For the purposes of this Act, the professional activities of nurses responsible for general care shall be those activities
pursued on a professi onal basi s and referred t o in Part V of the Second Schedule.
Conditions to practise nursing profession. Amended by: L.N. 27 of 2008.
(a) a President appointed by the Prime Minister, from
The Council for Nurses and Midwives.
amongst legal practitioners;
(b) the Director of Nursing Services, ex officio;
(c) one first level registered nurse appointed by the Prime
Minister;
(d) one licensed midwife appointed by the Prime Minister; (e) five registered nurses elected from amongst and by all
nurses, one of whom shall be a second level registered
nurse and another shall be a nurse whose name is entered in any of the special parts of the Register of Nurses;
(f) two licensed midwives elected from amongst and by all midwives; and
(g) two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister.
Functions of the Council for Nurses and Midwives. Amended by:
III. 2004.20.
(a) to recommend to the President of Malta the granting of licences to midwives to practise their profession;
(b) to recommend to the President of Malta the withdrawal of licences in respect of any midwife in accordance with article 38;
(c) to keep, publish and update registers in respect of the nursing and midwifery professions; and specialist registers of the
nursing and midwifery professions as may be prescribed as well as registers of special areas of practice as may be determined by
the Council for Nurses and Midwives;
(d) to prescribe and maintain professional and ethical standards for the nursing and midwifery professions;
(e) to inform the Member State of origin or the Member State from which the foreign national comes, of any serious matter which
occurred outside Malta, prior to the establishment of that person in Malta, and which is likely to effect the taking up of the activity
of any of the professions regulated by it in Malta;
(f) to verify the accuracy of the facts communicated to it by other Member States, decide the nature and extent of any investigation
to be made pursuant thereto and inform such Member State of any action taken with regard to the certificates or documents issued
by them;
(g) to ensure the confidentiality of all the information forwarded to other Members States;
(h) to forward to any Member State concerned all the information regarding measure taken in respect of a healthcare professional
as well as regarding any criminal penalties imposed on such profession;
(i) to levy such fees, from registered nurses and
midwives, for initial registration and yearly retention fees thereafter, as may be prescribed, in consultation with such associations
as appropriate;
(j) at the request of the Minister or otherwise, to advise the Minister on any matter affecting the nursing and midwifery professions;
(k) to perform any other function that may be assigned to it by this Act or any other law.
(2) The Council for Nurses and Midwifery may set up committees for the purposes of enforcing professional and ethical
standards applicable to nurses and midwives and generally in order to better perform its functions.
(3) Subject to any rules made for it by the Council for Nurses and Midwives or to any rule that may be prescribed, any committee
established under subarticle (2) may regulate its own procedure.
(4) The Council for Nurses and Midwives shall publish an annual activity report, not later than the end of the first quarter
of the year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council
for Nurses and Midwives during the year.
23. (1) The Council for Nurses and Midwives shall keep a register, in this Act referred to as "the Register of Midwives"
in which upon an application to that effect by the person concerned shall be entered the name of any citizen of Malta, or of a Member
State or a person who benefits from the provisions of Article 11 of Regulation 1612/68/EEC or person who has been established in a Member State who satisfies one of the following criteria -
(a) the degree or diploma in midwifery studies from the University of Malta, or the equivalent midwifery qualification granted
by the School of Nursing; or
(b) (i) full-time training of at least three years as a midwife either made contingent upon possession of a diploma,
certificate or other evidence of qualification giving access to universities or higher education institutes,
or otherwise guaranteeing an equivalent level of knowledge or followed by two years of professional practice for
which a certificate has been issued in accordance with paragraph (c);
(ii) full-time training as a midwife of at least two years or 3600 hours, contingent upon possession of evidence of formal qualifications
as a nurse responsible for general care referred to in Part V of the Second Schedule;
(iii) full-time training as a midwife of at least 18 months or 3000 hours, contingent upon possession of
evidence of formal qualifications as a nurse responsible for general care referred to in Part V of the Second Schedule
and followed by one year ’s professional practice for
Register of Midwives. Amended by: III. 2004.22; XIII. 2005.81;
L.N. 27 of 2008.
which a certificate has been issued in accordance with paragraph (c);
(c) the Council shall issue the certificate which shall certify that the holder, after obtaining evidence of formal
qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period
in a hospital or a health care establishment approved for that purpose;
(d) a qualification in midwifery recognised for the purpose by a Member State, obtained from any other university, college
or midwifery school recognised by a Member State;
(e) in those cases where nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications
as obstetrics-gynaecology nurse (asistent medical obstetrica-ginecologie) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements
laid down by Article 1 of Directive 80/
155/EEC, the relevant Council shall recognise the said diplomas, certificates and other evidence of formal
qualifications as being sufficient proof for the purposes of carrying out the activities of midwife, if
they are accompanied by a certificate stating that those Member States nationals have effictively and lawfully been engaged in the
activities of midwife in Romania,
for at least five consecutive years during the seven years prior to the issue of the certificate.
(2) In respect of applicants coming from third countries, whose qualifications have not been recognised in a Member State, the
C ouncil may, in respect of such qu alific ati on req u i r e th at the app licant sits for and passes in a professio n al and lingui
sti c proficiency test.
(3) The Council for Nurses and Midwives shall keep a register i n wh ich, upo n an appli cation to that ef fect by the p e rson
concerned, shall be entered, for a period not exceeding two years an d sub j e c t to a n y co nd it io n as t h e Co un ci l fo
r N u r s es a n d Midwives may deem necessa ry, the name of every person, not being a citizen of Malta or a citizen of a Member
State, who holds th e d e gr ee o r di pl om a i n mi dw if ery st ud ies gr ant e d by t h e University of Malta, or the equivalent
qualification granted by the School of Nursing or a qualification listed in Part IV of the Second Schedule or any other qualification
recognised by the Council for Nurses and Midwives.
(4) Notwithstanding the provisions of subarticle (1), the Council for Nurses and Midwives shall keep a register in
which, following an application to that effect by the person concerned, these shall be registered for a period not exceeding one
year the names of any citizen of Malta or of a Mem b er St ate who has qualified for the qualifications listed in paragraphs (a) or (b) or (c) or, subject to the provisions of subarticle (2), in paragraph (d), but has not yet obtained such qualification.
(5) For the purposes of this Act, the professional activities of a midwife shall include the:
(a) provision of sound family planning information and advice;
(b) diagnosis of pregnancies and monitoring normal pregnancies; carrying out the examinations necessary for the monitoring
of the development of normal pregnancies;
(c) prescribing or advising on the examinations necessary for the earliest possible diagnosis of pregnancies at risk;
(d) provision of programmes of parenthood preparation and complete preparation for childbirth including advice on hygiene
and nutrition;
(e) caring for and assisting the mother during labour and monitoring the condition of the foetus in utero by the appropriate clinical
and technical means;
(f) conducting spontaneous deliveries including where required episiotomies and in urgent cases breech deliveries;
(g) recognising the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and assisting the
latter where appropriate; taking the necessary emergency measures in the doctor ’s absence, in particular the
manual removal of the placenta, possibly followed by manual examination of the uterus;
(h) examining and caring for the new-born infant, the taking all initiatives which are necessary in case of need and carrying
out where necessary immediate resuscitation;
(i) caring for and monitoring the progress of the mother in the post-natal period and giving all necessary advice to the mother on
infant care to enable her to ensure the optimum progress of the new-born infant;
(j) carrying out treatment prescribed by doctors; (k) drawing up the necessary written reports.
(a) Part I in respect of first level registered nurses;
(b) Part II in respect of second level registered nurses; and
(c) Special Parts in respect of nurses trained in the different special areas recognized by the Council for Nurses and Midwives.
(2) There shall be entered in the respective Part of the Register, upon an application to that effect by the person concerned -
Register of Nurses.
Amended by:
III. 2004.23;
L.N. 27 of 2008.
Cap. 451.
Malta, or Member State, who holds -
(i) the degree or diploma in nursing granted by the University of Malta, or the equivalent nursing qualification granted by the
School of Nursing; or
(ii) a nursing qualification as listed in Part V of the
Second Schedule; or
(iii) a nursing qualification, obtained from any other university, college or nursing school recognized by the Council for Nurses
and Midwives:
Provided that the said Council may, in respect of such qualification, require the applicant to sit for and
passe a professional and linguistic proficiency test;
(b) in Part II of the said Register the name of every citizen of Malta, or Member State, who -
(i) holds the certificate in nursing granted by the University of Malta, or the equivalent nursing qualification granted by the
School of Nursing; or
(ii) an equivalent nursing qualification recognized by the said Council:
Provided that the said Council may, in respect of such qualification, require the applicant to sit for and
passe a professional and linguistic proficiency test;
(c) in the respective Special Parts of the said Register the name of every citizen of Malta, or Member State, who holds -
(i) a nursing qualification in a special area of nursing granted by the University of Malta or the equivalent nursing qualification
granted by the School of Nursing; or
(ii) an equivalent nursing qualification, obtained from a university, college or nursing school within a Member State;
or
(iii) an equivalent nursing qualification, obtained from any other university, college or nursing school recognized by
the Council for Nurses and Midwives:
Provided that for the purposes of paragraph (c)(ii), the provisions of the Mutual Recognition of Qualifications Act, and of any regulations made thereunder, in respect of education and training, qualifications, evidence
of professional experience, adaptation period and aptitude test, shall apply:
Provided further that the said Council may, in respect of the qualification referred to in paragraph (c)(iii), where it deems appropriate, require that the
applicant sits for and passes a professional and linguistic proficiency test.
(3) The Council for Nurses and Midwives shall keep separate registers as described in subarticle (2)( a), (b) and (c) in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years
and subject to any condition as the Council for Nurses and Midwives may deem necessary, the name of every person, not being a citizen
of Malta or a citizen of a Member St ate, who holds the degr ee, diploma or qualification described in each of the paragraphs of
subarticle (2).
(4) For the purposes of this article and of article 23, "School of Nursin g" me ans t h e Scho ol of N u rsing est a
bl ish e d u n d e r th e Approved Schools Ordinance, now repealed.
(5) Notwithstanding the provisions of subarticles (1) and (2), the Council for Nurse s and M i dw ive s shall keep registers as
described in subarticles (2)(a), (b) and (c) in which following an application to that effect by the person concerned, shall be entered respectively the names of any citizen
of Malta or of a member state who qualify for the qualifications listed in subparagraphs (i) or (ii) or, subject to the provisions
of the proviso thereto, subparagraph (iii) of paragraph (a), the qualifications listed in subparagraph (i) or subject to the provisions of the proviso thereto, subparagraph (ii) of paragraph
(b), and the qualifications listed in subparagraphs (i) or (i i) o r , subj ect to t h e prov isio ns of t h e p r o v i s os
theret o, subparagraph (iii) of paragraph (c) of subarticle (2), but have not yet obtained such qualifications.
(6) The Council may require competent authorities of Member St ates to confirm the authenticity of diplomas, certificates and other
evidence of formal qualifications issued in that Member St ate, and also a co nf ir ma tio n that t h e p e r s o n conc ern e d
h a s fulfilled all the training requirements laid down by national law.
PART V
PROFESSIONS COMPLEMENTARY TO MEDICINE
(2) No person shall qualify to be so registered unless -
(a) he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta;
(b) he is of good conduct; and
(c) his name is entered in one of the registers for the professions complimentary to medicine referred to in article 28.
Conditions to practise a Profession Complementary to Medicine.
Professions Complementary to Medicine.
the Professions Complementary to Medicine", which shall consist of the following members:
(a) a President appointed by the Prime Minister from amongst legal practitioners;
(b) two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister;
(c) seven persons elected by and from amongst the professions regulated by the said Council:
Provided that, wherever possible, no profession regulated by the said Council shall be represented by more than one member elected
under this paragraph;
(d) three persons appointed by the Prime Minister from amongst the professions regulated by the Council:
Provided that no profession regulated by the said Council shall be represented by more than one member appointed under this paragraph,
and provided further that a profession regulated by the Council shall not be represented by a member appointed under
this paragraph if it is already represented by a member elected under paragraph (c).
(2) Where the Council for the Professions Complementary to Medicine proposes to discuss matters relating to one or more of the
p r ofessi on s co m pl em en tary t o me di cin e no t represen te d on t he Council, one of the two members of the subcommittee
referred to in subarti c le (4) shall al so si t on t h e Co un cil fo r th e Professi on s Complementary to Medicine and attend
all meetings in which such m a tters related w ith the said profession are proposed and to participate but not to vote thereat.
(3) At the first meeting after its constitution, the said Council shall set up sub-committees for each of the professions regulated
by it, which shall discuss and deliberate upon specific matters pertaining to each of those professions and to report on and advise
the Council thereon.
(4) Each sub-committee referred to in subarticle (3) shall consist of the following members:
(a) a Chairman nominated by the Council from among its members, and who shall be a person who is not registered as a member
of the profession for which the particular sub-committee is set up; and
(b) two members nominated by the Council and who shall be persons who are registered as members of the profession for which
the sub-committee is set up.
Complementary to Medicine shall be:
(a) to keep, publish and update registers in respect of the Professions Complementary to Medicine, and specialist registers
of the Professions Complementary to Medicine as may be prescribed, as well as registers of special areas of practice as may be determined
by the said Council;
(b) to prescribe and maintain professional and ethical standards for the professions complementary to medicine;
(c) to levy such fees, from registered professionals for initial registration and yearly retention fees thereafter, as may
be prescribed, in consultation with such associations as appropriate;
(d) at the request of the Minister or otherwise, to advise the Minister on any matter effecting the professions complementary to
medicine;
(e) to perform any other function that may be assigned to it by this Act or any other law.
(2) The Council for the Professions Complementary to Medi cine may set up committees for th e purposes of enforcing
professional and ethical standards applicable to the professions regulated by the Council, and in general in order to better perform
its functions.
(3) Subject to any rules made for it by the Council for the Professions Complementary to Medicine or to any rule that
may be prescribed, any committee established under subarticle (2) may regulate its own procedure.
(4) The Council for the Professions Complementary to Medicine shall publish an annual activity report, not later than
the end of the first quarter of the year following the end of the year reported upon, containing a statement of the activities carried
out or pursued by the Council for the Professions Complementary to Medicine during the year.
Functions of the Council for Professions Complementary to Medicine. Amended by:
XIII. 2005.82; L.N. 27 of 2008.
(a) such qualification, as may be prescribed, obtained from the University of Malta, or from a training institution,
or after following a training course organised by the Department of Health, in the profession for which
a separate Register is kept; or
(b) a qualification obtained from a Member State and recognised in accordance with the Mutual Recognition
Registers of Professions Complementary to Medicine. Amended by:
III. 2004.24.
Cap. 451.
thereunder; or
(c) a qualification in the said profession obtained from any other university, college or school recognized by the said Council:
Provided that for the purposes of such qualification, the said Council may require that the person concerned
sits for and passes a professional and linguistic proficiency test.
(2) The Council for Professions Complementary to Medicine shall keep a separate register for each of the professions listed in
t h e Third Schedul e, i n wh ich, fol l owi ng an appl ication to that effect by the person concerned, shall be entered, for a period
not exceeding two years and subject to any condition as the Council may deem necessary, the name of every person, not being a citizen
of Malta or a citizen of a Memb er St ate, who holds a degre e , diploma or qualification referred to in subarticle (1)(a), (b) and (c).
(3) Notwithstanding the provisions of subarticle (1) the Council for the Professions Complementary to Medicine shall
keep a separate register for each of the professions listed in the Third Schedule, in which shall be registered, following an application
to that effect by the person concerned, the names of any citizen of Malta or of a Member State who has qualified for the qualifications
referred to in paragraphs (a) or (b) or, subject to the provisions of the proviso thereto, paragraph (c) of subarticle (1), but who have not yet obtained such qualification.
PART VI
Specialists. Amended by: XIII. 2005.77; L.N. 27 of 2008.
SPECIALISTS
Provided that a dentist shall be entitled to practice in all fi elds of dentist r y insofar as he holds a licen ce issued for that
purpose by the President of Malta and his name is entered in the Council’s Principal Register of Dental Surgeons.
(2) It shall not be lawful for any person to assume, whether in writing or otherwise, any title or use, or be party to the use
of any description implying that he is a specialist in any of the specialities of the professions regulated by this Act unless his
name in entered in the register kept for the registration of specialists by the relevant Council.
(3) A healthcare professional, who is a citizen of Malta or of a Member State, or a person otherwise legally entitles or authorised
to work in Malta, and who fulfils the conditions for the taking up and pursuit of a speciality in Malta, shall be entitled to use
his lawful professional and academic title or titles, as the case may be, and where appropriate, the abbreviation thereof deriving
from their count ry of origin or the count ry from w h ich they come, in the language of that country.
(4) Each relevant Council shall keep separate registers in which shall be entered, following an appli cation to that effect by
the person concerned, t h e name o f every health c a re profes siona l regulated by it who -
(a) is in possession of a certificate issued by the Specialist Accreditation Committee for the relevant profession, which shows
that he has completed the prescribed specialist training for such speciality as may be prescribed; or
(b) is in possession of a specialist qualification listed in
Part Ia and Ib of the Second Schedule; or
(c) is in possession of any specialist qualification recognized by the Specialist Accreditation Committee for the relevant
profession:
Provided that the Specialist Accreditation Committee shall deem as being in possession of the qualification concerned any professional
who, being a citizen of Malta or of a Member State, an d who s e q u alifications i n the speciali t y do not sat i sfy t h e minimum
prescribed qualifications, but who is in possession of a certificate issued by the competent authority in a Member State of which
he is a citizen or of the Member State from which the person comes stating that such person has been engaged in the specialised area
of the profession concerned for a period which is such period of training that is prescribed for the speciality.
(a) for medical practitioners; (b) for dental surgeons;
(c) for pharmacists;
(d) for nurses and midwives;
(e) for professions complementary to medicine.
(2) Each Specialist Accreditation Committee shall be composed of the fol l owing mem b ers, each of wh om shall
be registered with the relevant Council as a member of the relevant profession, as follows:
(a) one member appointed by the relevant Council;
(b) one member, not being a member of the relevant Council, appointed by the Dean of the relevant Faculty or Director of the
relevant Institute of the University of Malta;
(c) one member, not being a member of the relevant Council, appointed by the Superintendent of Public Health;
(d) one member, not being a member of the relevant Council, appointed by each of the relevant professional
associations.
(3) The members of a Specialist Accreditation Committee
Specialist Accreditation Committees. Amended by: XIII. 2005.78.
shall, every three years, elect a Chairman from among themselves. (4) The members of the Specialist Accreditation Committee
sh all be so appo in ted f or a ter m of three years, and ma y be re-
appointed for a further term or terms.
(5) If by reason of resignation or for any other reason any member of a Specialist Accreditation Committee ceases to
be a m e mber, i t shall be t h e duty of th e body or associ ation whi c h appointed that member, to appoint another member in his
stead.
(6) (a) The functions of each Specialist Accreditation
Committee shall be:
(i) to issue certificates of completion of specialist training in the specialities listed in the relevant part of the Fifth
Schedule, upon the fulfilment of criteria recommended by the relevant professional associations listed in
the Fourth Schedule within three months form the date of receipt of the application or from the day any documentation which
the Committee may request, whichever is the later;
(ii) to advise the Minister and the relevant Council on issues concerning specialist training and registration, and any
other matter that may be referred to it;
(iii) to act as the advisory body for training in any of the special areas of practice;
(iv) to accredit post-graduate training programmes;
(v) to levy such fees for accreditation, as may be prescribed.
(b) Each Specialist Accreditation Committee shall publish an annual report, not later than the end of the first quarter of
the year following the end of the year reported upon, containing a statement on the activities carried out or pursued by
the Committee during the year.
(7) Where a citizen of a Member State, who wishes to acquire a specia li st qualification, is required to fu lfil such conditions
of training that may be prescrib ed, th e rel e vant Sp eci a list Accreditation Committee shall take into account, in whole
or in part, periods of training completed by that person and attested by a qualification awarded by the state of which that person
is a citizen, as well as any prof essi on al experience, additional t r ai ni ng a nd continuing education which such person possesses.
(8) The Specialist Accreditation Committees shall regulate their own procedure.
(9) For the purposes of this article -
(a) "relevant professional association" means an association which is recognised by the Minister
as fulfilling the requirements of Part I of the Fourth Schedule;
(b) "speciality" is such speciality as is listed in the Fifth
Schedule or as may be prescribed.
PART VII
DISCIPLINARY ACTION, OFFENCES AND ERASURE OF NAMES
(2) Any inquiry under subarticle (1) into the misconduct or other failure in terms of article 32(1)(b) and (c) shall be barred by the lapse of two years which shall run from the day from which the complainant or any of the complainants become
or ought to have become a w are of the facts or in ci dents th at gi ve ri se to th e complaint and in any case by the lapse of ten
years from the date on which the alleged fact or incident was committed.
(3) The period of limitation referred to in subarticle (2) may be in terrupt ed b y any act o f th e in qu iry serv ed on t he
p art y bei ng investigated.
(4) For the purposes of the foregoing provisions of this article, the relevant Council shall conclude the inquiry within a period
of two years from the day on which any act of the inquiry proceedings is served on the party accused in respect of the fact or incident
with which he is charged, except where the delay is occasioned through no fault of the relevant Council.
(5) For the purposes of the foregoing provisions of this article, "co m pl ai na nt " in cl ud es an y pe rs on m a
k i ng a c o m p la in t t o a relevant Council even though such person is not the injured party.
Disciplinary action by relevant Council.
(a) has been convicted by any court in Malta of any crime punishable by imprisonment for a term exceeding one year or of any of the
crimes mentioned in articles 198 to 205 or in articles 206 to 209 of the Criminal Code; or
(b) has been guilty of professional or ethical misconduct in any respect; or
(c) in any other manner has failed to abide by the professional and ethical standards applicable to him,
t h en th e relevant Cou n ci l may d i rect any on e o r more of the following measures, that is:
(i) his name be erased from the appropriate register and, where appropriate, recommend to the President of Malta that
the professional’s licence be withdrawn; or
(ii) his name be taken off such register for such period of time as the relevant Council may
Erasure from registers by Councils on grounds of conviction or infamous conduct.
Cap. 9.
determine and, where appropriate, recommend to the President of Malta that the professional’s licence be also so suspended;
or
(iii) a penalty, not exceeding such amount as may be prescribed, is inflicted on the health care professional concerned;
or
(iv) the health care professional concerned is cautioned; or
(v) order that the health care professional undergoes such period of training or practice of the profession under
supervision for such period as the relevant Council may determine.
(2) A licence issued by the President of Malta for the practice of a health care profession shall be deemed to be suspended during
such period that the name of the licensed person is deleted from the register.
Saving of proceedings under other laws.
Restoration of names to register.
Provided that an application for the restoration of a name to any register shall not be made to the relevant Council -
(a) before the expiration of eleven months from the date of erasure, or
(b) within a period of eleven months after such an application has been made.
Fraudulent and incorrect registration.
Notification of decision of Council and appeal therefrom.
(2) The decision of the relevant Council shall only take effect u pon t h e expi ry o f t h e term p r escribed in sub article
(4) fo r an appeal if no appeal is lodged, or subject to such modifications, if
any on appeal, after the determination of the appeal.
(3) (a) Any notification required to be served in accordance with the provisions of subarticle (2) may be served by a registered letter
addressed to the person on whom it is to be served at his address on the appropriate register or at hi s l a st k n o w n a d d r
ess , a n d sh al l , un l e ss t h e contrary is proved, be deemed to have been served not la te r than the third day succe eding
the day when posted, and in proving service it shall be sufficient to prove that the notification was properly addressed and posted
and the letter was delivered.
(b) Failing notification by registered letter as provided in paragraph (a), notification may be made by:
(i) personal service by the registrar of the relevant
Council on the person concerned; or
(ii) by means of a judicial letter; or
(iii) failing (i) or (ii) by the publication of the decision in the Gazette.
(4) At any time within twenty-one days of the service of a notification the person on whom it was served may appeal to
the Court of Appeal.
(5) The Rule-Making Board established under article 29 of the Code of Or ganizat i on and Civ il Proced ure may m a ke rules concerning appeals under this article and prescribe the fees to be paid on such appeals.
(6) The Minister responsible for Justice may, after consulting the Minister, prescribe fees to be charged by the registrar of
the court in connection with such appeals.
(7) The President of the respective Council shall appear as respondent on any appeal under this article in representation
of the Council.
(8) Any costs or fees payable by the President of the Council in connection with any appeal under this article shall be paid by
the Government in the same manner as costs or fees payable by it in a case to which it is a party.
Cap. 12.
(2) Every summons shall be signed by the President of the r e l a t i v e Co uncil , and may be served eith er perso
n ally o r b y registered post, and in the latter case, in proving service, it shall be sufficient to prove that the summons was
properly addressed and posted.
(3) The oath referred to in subarticle (1) shall be administered by the President of the relative Council, or in his absence, by
the
Summoning of witnesses.
person acting as Chairman.
(4) A relevant Council may appoint experts to assist it in its functions.
Erasure from register or list of provisional registration on ground of infirmity.
(2) Without prejudice to the provisions of subarticle (1), a health care professional may make a request to the relevant
Council to have his name erased from the appropriate register on account of some physical or mental infirmity.
(3) Any health care professional whose name is erased from the appropriate register in accordance with subarticles (1) and (2)
may, at an y tim e, m a ke a request to have his nam e reinstated i n the appropriate register.
(4) For the purposes of subarticle (3), the relevant Council shall, if after due inquiry it is satisfied that the health
care professional concerned is no longer unfit to continue to practise his profession, reinstate that health care professional with
immediate effect.
Penalties for certain offences. Amended by:
L.N. 427 of 2007.
(a) on a first conviction, to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37), and
(b) on a second or subsequent conviction, to imprisonment for a term of not less than six months and not more than eighteen months
or to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to both such fine and
imprisonment.
More serious offence.
Cap. 9.
Separate proceedings.
40. Where the facts of an offence constitute a more serious offence under the Criminal Code or any other law, the provisions of that Code or other law shall apply in respect of that offence.
PART VIII
REGISTRATION OF CITIZENS OF MEMBER STATES
(i) The documents mentioned under paragraphs (d), (e) and (f) of the Seventh Schedule shall not be more than three months old by the date on which they are submitted.
(ii) In case of doubt, the relevant Council may require from the competent authorities of a Member State confirmation
of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well
as, where applicable, confirmation of the fact that the beneficiary fulfils the minimum training conditions set out
under national law.
(iii) Nonetheless in cases of doubt, where the evidence of formal qualifications has been issued by a competent authority in a
Member State and includes training received in whole or in part in an establishment legally established in the territory of
another Member State, the relevant Council shall be entitled to verify with the competent body in the Member State of origin of
the award:
(a) whether the training course at the establishment which gave the training has been formally certified by the educational
establishment based in the Member State of origin of the award;
(b) whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course
had been followed entirely in the Member State of origin of the award;
(c) whether the evidence of formal qualifications confers the same professional rights in the territory of the Member
State of origin of the award;
(d) the relevant Council shall ensure that nationals of Member States can use appropriate equivalent wording when swearing a solemn
oath or making a sworn statement in order to gain access to the regulated profession;
(e) the relevant Council shall acknowledge receipt of the application within one month of receipt and inform the applicant
of any missing document;
(f) the procedure for examining an application to
Request for registration. Amended by: III. 2004.25. Substituted by: L.N. 27 of 2008
practise a regulated profession must be completed as quickly as possible and lead to a duly substantiated decision
by the relevant Council in any case within three months after the date on which the applicant’s complete file was submitted.
However, this deadline may be extended by one month in cases falling under Chapters I and II of the Professional Qualifications Directive;
(g) the decision, or failure to reach a decision within the deadline, shall be subject to appeal under Article 49; and
(h) the relevant Council shall ensure that applicants benefitting from the recognition of professional qualifications shall
have a knowledge of languages necessary for practising the profession in Malta.
(2) In pursuance of the foregoing provisions of this article, the relevant Council shall, in the case of refusal of registration,
give a reasoned decision and inform the applicant of his right of appeal in terms of article 49.
(3) The provisions of article 49 concerning an appeal from a decision of any of the Councils in respect registration of a health
care professional shall mutatis mutandis apply.
(4) (a) Without prejudice to any provision of this Act, a national of Member State wishing to provide services in Malta, hereinafter
referred to as "service provider", sha ll not be restricted, fo r any r eason rel a ti ng to p r ofessio n al quali ficat
ions, from provi din g such services if he:
(i) is legally established in a Member State hereinafter referred to as the "Member State of establishment"
for the purpose of pursuing the same profession there;
(ii) moves to Malta to pursue his profession, on a temporary and occasional basis;
(iii) has pursued that profession in the Member State of establishment for at least two years during the ten years preceding
the provision of services when the profession is not regulated in that Member State unless either the profession or the
education and training leading to the profession is regulated.
(b) The temporary and occasional nature of the provision of services shall be assessed case by case by the relevant
Council, in particular in relation to its duration, its frequency, its regularity and its continuity.
(c) Where a service provider moves, he shall be subject to the same professional rules of a professional, statutory or administrative
nature which are directly linked to
professional qualifications, such as the definition of the profession, the use of titles and serious professional
malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions
which are applicable in Malta to professionals who pursue the same profession.
(5) (a) A service provider established in another Member State shall be exempted from the requirements which are placed on registered
professionals relating to:
(i) registration with the relevant Council provided that the service provider has been automatically temporarily registered with
such Council and provided that such registration does not delay or complicate in any way the provision of services and does not
entail any additional costs for the service provider. A copy of the declaration and, where applicable, of the renewal referred to
in subarticle (6), accompanied by a copy of the documents referred to in subarticle (7) sent by the competent authority
in the Member State of Establishment shall constitute automatic temporary registration or pro forma membership for
this purpose;
(ii) registration with a public social security body for the purpose of settling accounts with an insurer relating to
activities pursued for the benefit of insured persons. The service provider shall inform in advance or, in an urgent case,
afterwards the public social security body of the services which he has provided.
(6) (a) Where the service provider first moves to Malta from any Member State in order to provide services, he shall inform the relevant
Council in a written declaration to b e made in advance including t h e details of any in suran ce co ve r or ot he r m ean
s of p e rso n al or coll ective protection with regard to professi onal liability. Such declaration shall be renewed once a year
if the service provider intends to provide temporary or occa sional servic es in Malta during that year. The service provid er m
ay supp ly t he declarat ion by any means.
(b) In the case of first time provision of services in Malta or if there is a material change in the situation substantiated
by the documents, the declaration shall be accompanied by the following documents:
(i) proof of the nationality of the service provider;
(ii) an attestation certifying that the holder is legally established in a Member State for the purpose of pursuing the activities
concerned and that he is not prohibited from practising, even temporarily, at the moment of delivering the attestation;
Exemptions.
Declaration to be made in advance if the service
provider moves.
Administrative co- operation.
(iii) evidence of professional qualifications;
(c) The service shall be provided under the professional title in accordance with the provisions of this Act.
(d) The relevant Council may check the professional qualifications of the service provider prior to the first provision of
services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to
the health or safety of the service recipient due to a lack of professional qualification of the service provider
and where this does not go beyond what is necessary for that purpose.
(e) Within a maximum of one month of receipt of the declaration and accompanying documents, the relevant Council shall endeavour
to inform the service provider either of its decision not to check his qualifications or of the outcome of such check. Where
there is a difficulty which would result in delay, the relevant Council shall notify the service provider within
the first month of the reason for the delay and the timescale for a decision, which must be finalised within the
second month of receipt of completed documentation.
(f) In those cases where there is a substantial difference between the professional qualifications of the service provider and
the training required to the extent that that difference is such as to be harmful to public health or safety, the relevant Council
shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has
acquired the knowledge or competence lacking. In any case, it must be possible for the service provider to provide the service
within one month of a decision being taken in accordance with the previous paragraph.
(g) In the absence of a reaction of the relevant Council within the deadlines set in the previous paragraphs, the service may be provided.
(7) (a) The relevant Council may ask the competent authorities of the Member State of establishment, for each provision
of services, to provide any information r e lev a nt to t h e l e gal i t y o f th e ser v ice pr ov ider ’s establ ishm en t and
hi s good cond uct, as well as the absence of any disciplinary or criminal sanctions of a professional nature.
(b) Any information requested by the relevant Council shall be in accordance with the provisions of Article
56 of the Professional Qualifications Directive.
(c) It shall be the duty of the relevant Council to ensure that the exchange of all information necessary for complaints by
a recipient of a service against a service provider is correctly pursued. Recipients shall be informed of the outcome of the
complaint.
(8) (a) Upon registration by the relevant Council the applicant shall have the right to practice the same profession as that for which
he is qualified in the Member State of origin and to pursue that same profession under the same conditions as Maltese nationals.
(b) For the purposes of this Act, the profession which the applicant wishes to pursue in Malta is the same as that for which he is
qualified in the country of origin only if the activities covered are comparable.
(a) doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised
dental practitioners, midwives and pharmacists who do not satisfy the requirements of effective and lawful professional
practice as laid down under the Second Schedule;
(b) doctors, nurses, dental practitioners, midwives and pharmacists who, without prejudice to what is provided under
the Second Schedule, hold evidence of formal qualifications as a specialist and who must follow the training leading to the
possession of a title listed under the Second Schedule, and solely for the purpose of the recognition of the relevant speciality;
(c) nurses responsible for general care and specilised nurses holding evidence of formal qualifications as a specialist which
follows the training leading to the possession of a title listed in the Second Schedule, when the migrant seeks recognition
in Malta;
(d) specialised nurses without training as general care nurse, when the migrant seeks recognition of such activities
as are pursued in Malta by nurses responsible for general care, specialised nurses without training
as general care nurse or specialised nurses holding evidence of formal qualifications as a specialist which follows the training
leading to the possession of the titles listed in the Second Schedule;
(e) migrants in possession of evidence of formal qualifications issued by a third country and having three years
professional experience in the profession concerned on the territory of that Member State which has recognised that evidence of
formal qualification and certified by that member State,
the pr ov isi ons reg a rd in g auto m a ti c r ecog n it io n of f o r m al qualifications and acquired rights do not apply.
(2) The provisions of the preceding article shall not preclude the relevant Council from requiring the applicant to complete an
adaptation period of up to three years or to take an aptitude test if:
(a) the duration of the training of which he provides evidence in terms of the preceding article, is at least one year
shorter than that required by the relevant
Non-applicability of automatic recognition of formal qualifications and acquired rights. Added by:
L.N. 27 of 2008.
Council;
(b) the training he has received covers substantially different matters than those covered by the evidence of formal qualifications
required by the relevant Council;
(c) the regulated profession in the Malta comprises one or more regulated professional activities which do not exist in the
corresponding profession in the applicant’s home Member State, and that difference consists in specific training which is required
in Malta and which covers substantially different matters from those covered by the applicant’s attestation of competence
or evidence of formal qualifications.
(3) (a) If the host Member State makes use of the option pr ovi d ed for i n subart icl e (1), i t must of fer t h e applicant
the choice between an adaptation period and an aptitude test.
(b) However, for professions whose pursuit requires precise knowledge of national law and in respect of which the provision
of advice and, or assistance concerning national law is an essential and constant aspect of the professional activity,
the relevant Council may stipulate either an adaptation period or an aptitude test.
(c) This applies also to the cases provided for in subarticle (1)(a), (b), (c) and (e) concerning doctors and dental practitioners, and subarticle (1)(d) when the migrant seeks recognition in Malta where the relevant professional activities are pursued by
nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist
which follows the training in the Second Schedule leading to the possession of the titles listed therein.
(d) In the cases covered by subarticle (1)(a), the relevant Council may require an adaptation period or an aptitude test if the migrant envisages pursuing
professional activities in a self-employed capacity or as a manager of an undertaking which require the knowledge and the
application of the specific national rules in force, provided that knowledge and application of those rules
are required by the competent authorities in Malta for access to such activities by Maltese nationals.
(3) For the purpose of this article "substantially different m a t t er s" me ans ma tt ers of w h i c h kn ow
led g e is essen t i a l fo r pursuing the profession an d with reg a rd t o whi c h t h e t r ain i ng received by the migrant shows
important differences in terms of duration or content from the training required in Malta.
(4) If the relavant Council intends to require the applicant to complete an adaptation period or take an aptitude test, it must
first ascertain whether the knowledge acquired by the applicant in the
course of his professional experience in a Member State or in a th ir d co un tr y, i s o f a nat u re to cov e r, i n f u l l or
in p a r t , th e substantial difference referred to in the preceding subarticle.
(5) The relevant Council shall in relation to the professions referred to in the preceding subregulations, for the purposes
of registration, under the same c onditions as apply to Maltese nationals, recognise as professional qualifications:
(a) an attestation of competence issued by a competent authority in the home Member State designated pursuant to
legislative, regulatory or administrative provisions of that Member State, on the basis of:
(i) either a training course not forming part of a certificate or diploma within the meaning of paragraphs (b), (c), (d) or (e), or a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive
years or for an equivalent duration on a part-time basis during the previous ten years,
(ii) or general primary or secondary education, attesting that the holder has acquired general knowledge;
(b) a certificate attesting to a successful completion of a secondary course -
(i) either general in character, supplemented by a course of study or professional training other than those referred to
in paragraph (c) and, or by the probationary or professional practice required in addition to that course,
(ii) or technical or professional in character, supplemented where appropriate by a course of study or professional
training as referred to in the preceding paragraph, and, or by the probationary or professional practice required
in addition to that course;
(c) a diploma certifying successful completion of -
(i) either training at post-secondary level other than that referred to in paragraphs (d) and (e) of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry
of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university
or higher education or the completion of equivalent school education of the second secondary level, as well as the professional
training which may be required in addition to that post-secondary course; or
(ii) in the case of a regulated profession, training with a special structure, included in Annex II of the Professional Qualifications Directive,
Equal treatment of qualifications.
Conditions for recognition.
equivalent to the level of training provided for in the preceding paragraph, which provides a comparable professional
standard and which prepares the trainee for a comparable level of responsibilities and functions;
(d) a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years’
duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment
providing the same level of training, as well as the professional training which may be required in addition to that post-secondary
course;
(e) a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration,
or of an equivalent duration on a part- time basis, at a university or establishment of higher education or another establishment
of equivalent level and, where appropriate, that he has successfully completed the professional training required
in addition to the post-secondary course.
(6) (a) The relevant Council shall treat as evidence of formal training, including the level of training, any evidence of formal qualifications
or set of evidence of formal qu alif ication s issued by a comp etent au thor ity in a M e mber St ate, certifying succ essful c
o mple tion of training in the Community which is recognised by that Member S t ate as being of an equiv a lent l e vel and which
confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession.
(b) Any professional qualification which, although not satisfying current requirements for access to or the pursuit of
a profession, confers on the holder acquired rights by virtue of the provisions of this Act, shall also be treated as such evidence
of formal qualifications under the same conditions as set out in the first subparagraph in particular if the level
of training required for admission to a profession and for its exercise is raised, and if an individual who has
undergone former training, which does not meet the requirements of the new qualification, benefits from acquired rights, and in
such case this former training shall be considered as corresponding to the level of the new training.
(7) The relevant Council shall permit access to and pursuit of th e pro f ession t o ap pli c an ts p o ssessing t h e att e st
atio n of competence or evidence of formal qualifications required, under the same conditions as apply to Maltese nationals.
(8) An attestation of competence or evidence of formal q u a l i f ic ati o ns o r an a t t e st at io n o f a l
e ve l of pro f essi on al qualification at least equivalent to the level immediately prior to
that which is required as provided by this Act shall be issued by a competent authority in a Member State, designated in accordance
with the legislative, regulatory or administrative provisions of that Member State.
(9) Access to and pursuit of the profession shall also be granted to applicants who have pursued the profession on a full-time
basis for t wo years during the previou s ten years in an other Member St ate which does not regulate th at pr o f essi on , pr ov
i d i n g t h ey p o ssess one or more attest ati ons of competence or docum ents provid i ng evidence of form al qualifications
whi c h satisfy t h e following conditions:
(a) they shall have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory
or administrative provisions of that Member State;
(b) they shall attest a level of professional qualification at least equivalent to the level immediately prior to that required
in the host Member State in virtue of subarticle (4);
(c) they shall attest that the holder has been prepared for the pursuit of the profession in question:
Provided that the two years’ professional experience may not, however, be required if the evidence of formal qualifications which
the applic ant possesses cer tifies regulated education and trainin g at the levels of qualif icati ons descri bed in subart icle
(1)(a), (b) and (c). The regulated education and training listed in Ann ex III of t he Profession al Qu alif ica tio ns D ir ecti ve shall b e considered
as such regulated education and training at the level described in subarticle (2)(c).
(10) By way of derogation from subarticle (8) and from su b a r t icle ( 9 )( b ), the relevant Council sh all permit acces s and pursuit of a regulated profession where access to this profession is cont ing e
nt in it s terri t o r y up on possession o f a qu alificat ion certifying successful completion of higher or university education
o f four years’ d u rati on, an d where the appl icant p o ssesses a qualification referred to in subarticle (2)(c).
(a) the duration of the training of which he provides evidence in terms of the preceding article, is at least one year
shorter than that required by the relevant Council;
(b) the training he has received covers substantially different matters than those covered by the evidence of formal qualifications
required by the relevant Council;
(c) the regulated profession in the Malta comprises one or more regulated professional activities which do not exist in the
corresponding profession in the applicant’s
Non-preclusion of applicant from completing an adaptation period. Added by:
L.N. 27 of 2008.
home Member State, and that difference consists in specific training which is required in Malta and which covers substantially
different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.
(2) (a) In order to permit this test to be carried out, the relevant Council shall draw up a list of subjects which, on the
ba sis of a comparison of the education a n d training required i n Malta and that receiv ed by the app licant, are no t co vered
by the diploma or oth e r evidence of formal qualifi cati ons possessed by the applicant.
(b) The aptitude test shall take account of the fact that the applicant is a qualified professional in the home Member State
or the Member State from which he comes. It shall cover subjects to be selected from those on the list, knowledge of which
is essential in order to be able to pursue the profession in the host Member State. The test may also include knowledge
of the professional rules applicable to the activities in question in Malta.
(c) The detailed application of the aptitude test and the status, in Malta, of the applicant who wishes to prepare himself
for the aptitude test in that State shall be determined by the relevant Council.
(3) (a) In the case of the adaptation period, this period of sup e rvised p r acti ce shall be the subject of an assessment.
The d e tailed rules govern ing th e adaptation period and its assessment as well as the status of a m i grant u nder supervision
shall be laid down by the relevant Council.
(b) The status enjoyed in the host Member State by the person undergoing the period of supervised practice, in particular in the
matter of right of residence as well as obligations, social rights and benefits, allowances and remuneration, shall be established
by the competent authorities in Malta in accordance with applicable Community law.
(4) If the relevant Council invokes subarticle (1), then it must offer the applicant the choice between an adaptation period and
an aptitude test.
(5) (a) If the relevant Council intends to require the applicant to complete an adaptation period or take an aptitude test, it m u st
first ascertain whether the knowl e dge acquired by the applic ant in th e cou r se of hi s professional experience in a
Member State or in a third country, is of a nature to cover, in full or in part, the substantial difference referred to in the preceding
sub- articles.
(b) For the purpose of this article "substantially different matters" means matters of which knowledge is
essential for pursuing the profession and with regard to which the training received by the migrant shows important differences
in terms of duration or content from the training required in Malta.
(2) In those cases where the relevant Council has adopted measures relating to acquired right benefiting Maltese nationals, it sh all al so grant natio nals of ot her Member St ates the right to benefit from t hose measu r es, in so far as evidence of formal qualifications was issued before the date on which the relevant Council ceased to issue such evidence for the speciality concerned.
Acquired right to practise a health care profession. Amended by:
III. 2004.26. Substituted by: L.N. 27 of 2008.
Provided that persons who are either undergoing specific training in the practice of family medicine or who before the 1st May, 2004,
have had their names entered into the Medical register may be exempt from such a requirem e nt . This sh al l also be app l i c
abl e to medical practit ion e rs wh o have comp leted the training in another Member State.
(2) The Medical Council shall issue on request a certificate granting doctors who do not have a diploma, certificate or other
evidence of formal qualifications but who possess the acquired rights referred to in the preceding article, the right to practice
as
Examination of foreign accreditations. Amended by: III. 2004.27. Substituted by: XIII. 2005.79.
Employment conditions. Added by:
II. 2004.28.
general medical practitioners under the national health service.
(3) The Medical Council shall recognise under the national health service, for the purposes of the exercise of the activities
of general medical practitioner, the diplomas, certificates and other evidence of formal qualifications issued to a national of a
Member State by other Member States.
(4) The Medical Council shall also recognise the certificates r e fer r ed to und er sub a rt icle ( 2 ) abo v e, issued to nati
onals of Member States by other Member States, and shall consider them as equivalent within its territory to the diplomas, certificates
and other evidence of formal qualifications which it issues itself, and which permit the exercise of the activities of general medical
practitioner under the national health service.
PART IX
Funds of Councils, etc.
Registers open for inspection.
MISCELLANEOUS PROVISIONS
Temporary licence. 47. The President of Malta may, with the approval of the Minister upon the advice of the relevant Council, grant a temporary licence, for a period not exceeding two years, to any health care professional who is not a citizen of Malta or of a Member State, and m a y subject such licence to any condition he may deem appropriate.
Default powers of the President of Malta.
(2) Where, as a result of an inquiry as is referred to in subarticle (1), it appears that the Council in question has
failed to carry out any of the functions conferred or imposed upon it by or under this Act, or has, in carrying out these functions,
failed to comply with any regulation relating thereto, the President of Malta, acting on the advice of the Minister, may make an
order declaring it to be in default.
(3) Upon the making of an order under subarticle (2) -
(a) the members of the Council which is declared to be in default shall forthwith vacate their office; and
(b) provision shall be made for the appointment of three members to act as pro tempore Council.
(4) The pro tempore Council appointed in pursuance of the provisions of subarticle (3) shall consist of the following members:
(a) a President who shall be a legal practitioner; and
(b) two other members from amongst health care professionals, registered with the relevant Council.
(5) The pro tempore Council shall exercise all the functions and have all the powers of the Council it is replacing.
(6) Not later than three months from the day that the order under su barti c l e (2) is m a de, n e w mem b er of t h e
Coun ci l in question shall be appointed or elected, as the case may be, and the pro tempore Council shall, upon the appointment and election of the new members of the Council, be dissolved.
(a) a President nominated by the Prime Minister, from amongst legal practitioners;
(b) the Rector of the University of Malta, or his representative;
(c) the Superintendent of Public Health, or his representative;
(d) one member appointed by the Prime Minister from among health care professionals, as follows:
(i) one from such professionals regulated by the Medical Council where the appeal concerns a member of a health care
profession regulated by that Council; or
(ii) one from such professionals regulated by the Pharmacy Council where the appeal concerns a member of a health care profession
regulated by that Council; or
(iii) one from such professionals regulated by the Council for Nurses and Midwives where the appeal concerns a member
of a health care profession regulated by that Council; or
(iv) one from such professionals regulated by the Council for the Professions Complementary to Medicine where the appeal
concerns a member of a health care profession regulated by that Council;
(e) one member elected by and from among health care professionals, as follows:
(i) one from such professionals regulated by the Medical Council where the appeal concerns a member of a health care
profession regulated by that Council; or
(ii) one from such professionals regulated by the Pharmacy Council where the appeal concerns a member of a health care profession
regulated by
Appeals Committee. Amended by: XIII. 2005.80.
that Council; or
(iii) one from such professionals regulated by the Council for Nurses and Midwives where the appeal concerns a member
of a health care profession regulated by that Council; or
(iv) one from such professionals regulated by the Council for the Professions Complementary to Medicine where the appeal
concerns a member of a health care profession regulated by that Council.
(2) All members of the Appeals Committee shall be so appointed or elected, as the case may be, for a term of three
years and may be re-appointed or re-elected for a further term or terms.
(3) The Appeals Committee shall have the following functions: (a) upon an application to this effect by the person
concerned, to hear and decide upon a decision of the
relevant Council whereby registration of a healthcare
professional in the appropriate register is refused;
(b) upon an application to this effect by the person concerned, to hear and decide upon a decision of the relevant Specialist
Accreditation Committee whereby the award of a specialist certificate to a healthcare professional is refused;
(c) upon an application to this effect by the person concerned, aggrieved by a default of the relevant Council to
decide upon an application for registration, within the time referred to in article 42;
(d) to levy such fees as may be prescribed.
(4) An appeal to the Appeals Committee shall be filed within the peremptory term of twenty days from such decision.
(5) The Appeals Committee shall regulate its own procedure.
(6) In the exercise of its functions under this article, the Appeals Committee may appoint experts to relate on any matter
before it.
(7) The Appeals Committee shall have the right to request from any council or specialist accreditation committee information in
respect of any decision which is being investigated by it and may req uest the sai d council or com mit tee to submi t to it any
o r all documentation relating to the case being deliberated and it shall be the duty of the said council or committee to provide
the requested information and, or documents without delay.
(8) (a) The Appeals Committee shall have the power to confirm, cancel or revoke with or without conditions, and to substitute any
decision upon any appeal under subarticle (3)(a) or (b).
(b) Where the Appeals Committee finds in favour of an appellant under subarticle (3)(c) it may either proceed to decide the application itself or else order the relevant Council to determine such application within
such time as it may consider reasonable, failing which it will proceed to decide the application itself, and in any case shal l make
a report of its fin d in gs to the Minister.
(a) prescribe requirements for qualification for entry of a person’s name in any register established by or under this Act,
in addition to or in substitution of the qualifications established by this Act;
(b) establish in consultation with the relevant Council the fees that may be charged by a Council in connection with the initial
registration of a person’s name in a register, as well as such annual or other periodic fees for the retention of such names
in the register and the funds wherein such fees may be deposited;
(c) establish rules of procedure to be followed by Councils in order to ensure a fair and equitable hearing in any procedures
against a health care professional under Part VII of this Act;
(d) authorise a Council to issue such guidelines to health care professionals regulated by it on such matters related to the
health care profession in question as may be determined;
(e) cancel, amend or substitute any of the Schedules (other than the First Schedule) to this Act;
(f) prescribe the manner in which every election that is to be held for the purposes of this Act is to be conducted;
(g) prescribe anything that is to be or may be prescribed under this Act; and
(h) to prescribe those professions for which a licence is granted and the conditions which shall be satisfied prior to the
granting of such licence.
(2) Prior to making any regulation under subarticle (1) the Mini ster shall consult with and see k t he ad v ic e of th
e rel eva nt Council.
PART X
SAVING AND OTHER PROVISIONS
Postal ballot.
Power to make regulations. Amended by: L.N. 27 of 2008.
Saving.
Transitory provisions. Amended by: III. 2004.29.
(a) anything which has been done by the Medical Council under the provisions repealed by this Act in respect of the registration
of medical practitioners and dental surgeons shall continue to have effect as if carried out by the Medical Council constituted
under this Act;
(b) anything which has been done by the Pharmacy Board under the provisions repealed by this Act in respect of the registration
of apotecharies and pharmacy technicians shall continue to have effect as if carried out by the Pharmacy Council
constituted under this Act;
(c) anything which has been done by the Nursing and Midwifery Board under the provisions repealed by this Act in respect
of the registration of nurses and midwives shall continue to have effect as if carried out by the Council for Nurses and
Midwives constituted under this Act;
(d) anything which has been done by the Board for the Professions Supplementary to Medicine under the provisions repealed
by this Act in respect of the registration of health care professionals referred to in that Ordinance shall continue
to have effect as if carried out by the Council for the Professions Complementary to Medicine constituted
under this Act.
(2) The relevant Specialist Accreditation Committee, after consultation with the relevant specialist society and, or the relevant
professional association, shall certify as holding the qualifications for registration in the appropriate specialist register any
health care professional who, before the coming into force of the relevant Part of this Act, has practised as a specialist to the
satisfaction of the Specialist Accreditation Committee.
(3) The relevant Specialist Accreditation Committee shall certify as holding the necessary qualifications any health care
professional who, prior to the coming into force of this Act, held an appointment with the Government at consultant or senior registrar
level in a government hospital or clinic.
(4) Any specialist training undergone before the coming into force of this Act or any specialist training being undergone on the
coming into force of this Act shall be taken into account for the purpose of computing the required duration of specialist training
under this Act by the relevant Specialist Accreditation Committee and the health care professional shall, on the coming into force
of this Act, have the option of continuing such specialist training for the purpose of being certified by such committee under the
system
in force immediately before the coming into force of this Act.
(5) The Specialist Accreditation Committee for Pharmacists shall certify as having the necessary qualifications for entry
in the relevant register any pharmacist who, for three consecutive years, during the five years immediately before the coming into
force of the relevant Part of this Act, practis ed in a sp ecia lised area of pharmacy.
(6) For the purpose of the first appointment or election of members of any council establis hed by this Act, healt h
care professionals who, immediately before the coming into force of this Act, were lawfully practising their profession in Malta
shall be eligi b le t o app o int e d, to st a nd for election and to vote at such elections.
(7) Until such time as the relevant Council is duly constituted in accordance with this Act, th e Minister may by notice in the
Gazette extend the validity of any temporary licence issued under the Medical and Kindred Professions Ordinance for the exercise of any health care profession and a n y person c o vered by such t e mporary li cence durin g its periods of origin
al v a lid ity or as extended shall be deemed to be duly authorised to exercise such profession in accordance with this Act.
Cap. 31.
FIRST SCHEDULE
(Article 6)
Rules of Procedure and other rules relating to Councils and Specialist Accreditation Committees
1. Each Council shall have a registrar who shall be a public officer detailed for the purpose by the Minister.
2. Every member of a Council other than the President shall be entitled to one vote.
3. The President of a Council shall only be entitled to vote in cases of equality of votes.
4. Notwithstanding the provisions of the preceding rule, the President shall have both an original and a casting vote in inquiries
held for the purposes of article 32 of the Act.
5. The President of a Council shall be appointed for a term of three years.
6. The other members of a Council, whether appointed or elected, shall hold office for three years:
Provided that the Prime MInister may remove any such member from office on grounds of proved misbehaviour or proved incapacity
(whether arising from infirmity of body or mind or any other cause) to perform the functions of members.
7. The President and other members of a Council may resign their office before the expiration of their term of office by letter
in
Registrar. Voting.
President to have casting vote.
President has vote in inquiries.
Term of appointment of President.
Other members.
President or member may resign.
Filling of vacancies.
Members eligible for re-appointment or re-election.
Disqualification for membership.
w r it in g ( i n t h e ca se of th e Pre s id en t ad dr e ssed t o t h e Pr im e Minister, and in the cas e of ot her mem b ers
ad dressed to the President of the Council).
8. Where for any cause a vacancy arises in any Council, in the case of an appointed member another member shall be appointed
to fill the vacancy, and in the case of an elected member an election shall be h e ld , in each case within o n e mont h of t h
e vacancy occurring. The member so ap pointed or elected shall be so appointed or elected for the unexpired period of the term of
office of the member being replaced.
9. All members of a Council may be re-appointed or stand for election after the expiration of their term of office.
10. The following shall be disqualified from being members of a Council:
(a) Members of the House of Representatives;
(b) such senior members of the Health Division as may be prescribed:
Provided that this disqualification shall not apply with regard to such senior members who are to hold office ex officio or whose membership is otherwise provided for by this Act;
Cap. 452. (c) officials (as defined by the Employment and Industrial
Relations Act) of a trade union.
Councils may act notwithstanding vacancies.
Absence of President from meetings.
11. Councils may act notwithstanding any vacancy provided that a quorum is present.
12. In the absence of the President of a Council, the other members shall elect a person to chair the mee t ing from
a m ong themselves; such person shall continue to have his original vote as well as a casting vote.
Quorum. 13. The quorum at a meeting of the Council shall be half the members thereof plus one.
Councils to meet once monthly.
Absentee members.
Application of rules to Specialist Accreditation Committees.
Specialist Accreditation Committees to meet whenever need arises.
14. Each Council shall meet at least once monthly.
15. A member of a Council who absents himself from three consecutive meetings without just cause and without giving notice of the
reasons for such absence in writing to the President of the Council before or as soon as may reasonably be after the meeting shall
be declared by the Council to have resigned and shall not be eligible for re-appointment or re-election before the lapse of one tear
from the date of such declaration.
16. The provisions of the above rules, other than rule 14, shall mutatis mutandis apply to Specialist Accreditation Committees.
17. Specialist Accreditation Committees shall meet whenever the need aris es, and in any case not later than one m o nt h after
receipt of an application by a person for a certificate indicating that he has the requisites for registration as a specialist.
SECOND SCHEDULE Substituted by: III. 2004.30;
(Articles 11, 12, 17, 23, 24 and 29)
PART I a
L.N. 27 of 2008; L.N. 177 of 2008.
Basic qualifications in medicine
PART I b
Qualifications in specialised medicine
PART I c
Titles of training courses in specialised medicine
PART 1 D
Qualifications and professional titles of general medical practice
PART II a
Basic qualifications in dentistry
PART II b
Qualifications in specialised dentistry
1. Orthodontics
PART III
Basic qualifications in pharmacy
Basic qualifications in midwifery
Basic qualifications in nursing (general care)
Substituted by: L.N. 253 of 2004; L.N. 376 of 2005. Amended by:
L.N. 442 of 2011.
- Acupuncture
- Audiologists
- Dietetics
- Physiotherapy
THIRD SCHEDULE (Article 28)
Professions Complementary to Medicine
- Dental Hygiene
- Chiropractic
- Nutrition
- Optometry
- Orthoptics
- Osteopathy
- Speech Language Pathology
- Clinical Perfusion
- Podiatry
- Psychotherapy
- Radiography
- Environmental Health
- Dental Technology
- Occupational Therapy
- Medical Laboratory Science
FOURTH SCHEDULE Amended by: III. 2004.31;
(Article 30)
Professional Associations
Part I
L.N. 342 of 2004; L.N. 147 of 2006; L.N. 27 of 2008; L.N. 140 of 2008; L.N. 159 of 2011.
1. A professional association means an organization consisting wholly of health care professionals and which fulfills
the following conditions for recognition:
(a) all members and officials of the executive committee or similar organ thereof are elected following fair and regular elections;
(b) it is regulated by a statute which is available to the public in general;
(c) it actively participates in post-graduate education and continuing professional development;
(d) it has a minimum of fifteen full members registered with the relevant
Council:
Provided that in respect of medical practitioners the fifteen full members have to be registered as specialists with the
relevant Council;
(e) it represents any one or more of the specialities listed in the Fifth
Schedule or as may be prescribed;
(f) with regard to those specialities listed in item A of the Fifth Schedule, follows the guidelines issued from time to time by
the European Union of Medical Specialists or the Union of European General Practitioners, as applicable.
2. If a specialist association ceases to fulfil the above criteria, it shall no longer be entitled to be represented on the Specialist
Accreditation Committee.
3. For the purposes of the foregoing provisions of this Part, an association which wishes to be recognised by the Minister shall
make an application to this effect, in writing, to the Superintendent of Public Health.
4. An association which is recognised shall, not later than the end of the first quarter of the year reported upon, prepare,
and submit to the Superintendent of Public Health, an annual activity report for the year.
5. For the purposes of the foregoing provision, any professional association which is in default in submitting an annual activity
report to the Superintendent of Public Health as aforesaid, shall not be entitled to be represented on the relevant Specialist Accreditation
Committee, until such time as it remains in default.
6. The associations listed in Part II shall be deemed to be recognised for the purposes of this Schedule.
- Medical Practitioners
Medical Association of Malta
Part II
Association of Anaesthesiologists of Malta
Malta Association of Ophtalmologists
Association of Physicians of Malta
Association of Surgeons of Malta
The Association of Orthopaedic and Trauma Surgeons of Malta
Malta Association of Public Health Medicine
Malta College of Family Doctors
Malta College of Obstetricians and Gynaecologists
Malta College of Pathologists
Maltese Paedriatric Association
Maltese Radiological Society
Maltese Cardiac Society
Maltese Association of Dermatologists and Venereologists
- Dental Surgeons
Dental Association of Malta
The Malta Association of Post Graduate Dentistry
Malta College of Dental Surgeons
- Pharmacists
Malta Chamber of Pharmacists
Malta College of Pharmacy Practice
- Nurses and Midwives
Malta Union of Midwives and Nurses
- Professions Complementary to Medicine
Maltese Association of Occupational Therapists
Malta Association of Physiotherapists
Society of Medical Radiographers
FIFTH SCHEDULE Amended by: III. 2004.32;
(Article 31)
Specialist Registers
A. MEDICAL PRACTITIONERS
L.N. 206 of 2011; L.N. 373 of 2011.
The specialities in respect of which the Specialist Accreditation Committee for medical practitioners shall issue certificates of
completion of specialist training shall be the following:
1. Accident and Emergency Medicine
2. Anaesthetics and Intensive Care Medicine
3. Audiology / Phoniatry
4. Chemical Pathology
5. Cardiology
6. Cardio-thoracic Surgery
7. Clinical Neurophysiology
8. Clinical Pharmacology and Therapeutics
9. Dermato-Venereology
10. Radiology
11. Endocrinology and Diabetes
12. Family Medicine
13. Immunology
14. Forensic Medicine
15. Gastroenterology
16. General / Internal Medicine
17. Dermatology
18. General Surgery
19. Clinical / Medical Genetics
20. Geneto-Urinary Medicine
21. Geriatrics
22. Haemotology
23. Histopathology including Cytopathology
24. Infectious Disease
25. Oral and maxillo-facial surgery
26. Microbiology / Bacteriology
27. Neonatology
28. Nephrology
29. Neurology
30. Neurosurgery
31. Nuclear Medicine
32. Obstetrics and Gynaecology
33. Occupational Medicine
34. Ophthalmology
35. Orthopaedic Surgery
36. Otorhinolaryngology
37. Paediatric Surgery
38. Paediatrics
39. Palliative Medicine
40. Plastic Surgery
41. Psychiatry
42. Public Health Medicine
43. Oncology and radiotherapy
44. Rehabilitation Medicine
45. Respiratory Medicine
46. Rheumatology
47. Urology
48. Vascular Surgery
49. Virology
50. Baromedicine
51. Sports and Exercise Medicine
B. DENTAL SURGEONS
The specialities in respect of which the Specialist Accreditation Committee for dental surgeons shall issue certificates of completion
of specialist training shall be the following:
1. Orthodontics
2. Oral Surgery
SIXTH SCHEDULE Added by:
L.N. 27 of 2008.
Acquired rights
(Article 43)
1. The provision of article 43 shall apply to evidence of formal qualifications as doctor giving access to the professional activities
of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised
dental practitioner, as midwife and as pharmacist, obtained in the territory of the former German Democratic Republic, which does
not satisfy all the mi n im um tr ai ni ng req ui r em en ts lai d d ow n un der nat i on al la w if such e vi den ce certifies successful
completion of training which began before:
(a) 3 October 1990 for doctors with basic training, nurses responsible for general care, dental practitioners with basic training,
specialised dental practitioners, midwives and pharmacists, and
(b) 3 April 1992 for specialised doctors.
(2) The evidence of formal qualifications referred to in the preceding article confers on the holder the right to pursue professional
activities throughout German territory under the same conditions as evidence of formal qualifications issued by the competent German
authorities referred to in Second Schedule.
(3) Without prejudice to the provisions of article 37(1), each relevant Council shall recognise evidence of fo rmal qualifications
as doctor giving access to the professional activities of doctor with basic training and specialised doctor, as nurse responsible
for general care, as midwife, as pharmacist held by nationals of Member States and issued by the former Czechoslovakia, or whose
training commenced, for the Czech Republic and Slovakia, before 1 January 1993, where the authorities of either of the two aforementioned
Member States attest that such evidence of formal qualifications has the same legal validity within their territory as the evidence
of formal qualifications which they issue and, as regards access to the professional activities of doctor with basic training, specialised
doctor, nurse responsible for general care, midwife and pharmacist with respect to the activities referred to in Article 45(2 ) ,
and t h e p u rsu it of such ac tivit ies. Such an attest ation must be accompanied by a certificate issued by tho se sam e autho
rities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory
for at least three consecutive years during the five years prior to the date of issue of the certificate.
(4) Each relevant Council shall recognise evidence of formal qualifications as doctor giving access to the professional activities
of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised
dental practitioner, as midwife and as pharmacist held by nationals of the Member S t ate s and issue d by the form er S ovi et Uni
o n , o r w h o s e tr ai ni ng commenced -
(i) for Estonia, before 20 August 1991, (ii) for Latvia, before 21 August 1991,
(iii) for Lithuania, before 11 March 1990,
where the authorities of any of the three aforementioned Member States attest that such evidence has the same legal validity within
their territory as the evidence which they issue and, as regards access to the professional activities of doctor with basic training,
specialised doctor, nurse responsible for general care, dental practitioner,
specialised dental practitioner, midwife, pharmacist with respect to the activities referred to in article 45(2), and the pursuit
of such activities. Such an attestation must be accompanied by a certificate issued by those same authorities stating that such persons
have effectively and lawfully been engaged in the activities in question within their territory for at least three consecutive years
during the five years prior to the date of issue of the certificate.
(5) Each Member State shall recognise evidence of formal qualifications as doctor giving access to the professional activities
of doctor with basic training and specialised doctor, as nurse responsible for general care, as dental practitioner, as specialised
dental practitioner, as midwife and as pharmacist held by nationals of the Member States and issued by the former Yugoslavia, or
whose training commenced, for Slovenia, before 25 June 1991, where the authorities of the aforementioned Member State attest that
such evidence has the sam e legal validity within their territory as the evidence which they issue and, as regards access to the
professional activities of doctor with basic training, specialised doctor, nurse responsible for general care, dental practitioner,
sp ecia lised dental practitio ner, mi dwife, and pharmacist with respect to the activities referred to in article 45(2), and the
pursuit of such activities. Such an attestation must be accompanied by a certificate issued by those same authorities stating that
such persons have effectively and lawfully been engaged in the activities in question with in their ter r itory for at least three
consecutive years during the five years prior to the date of issue of the certificate.
(6) Each relevant Council shall recognise as sufficient proof for Member State nationals whose evidence of formal qualifications
as a doctor, nurse responsible for general care, dental practitioner, midwife and pharmacist does not correspond to the titles given
for that Mem ber St ate in th e Second Schedule, evid ence of form al qualifications issued by those Member States accompanied by
a certificate issued by the competent authorities or bodies.
(7) The certificate referred to in the preceding sub-article shall state that the evidence of formal qualifications certifies
successful comp letion of training in accordance with Articles 24, 25, 28, 31, 34, 35, 38, 40 and 44 of Directive 2005/36 respectively and is treated by the Member State which issued it in the same way as the qualifications whose titles are listed in
the Second Schedule.
(8) (a) The Medical Council may require of specialised doctors whose part-time specialist medical train i ng was governed by legislative,
regulatory and administrative provisions in force as of 20 June 1975 and who began their specialist training no later than 31 December
1983 that their evidence of formal qualifications be accompanied by a certificate stating that they have been effectively and lawfully
engaged in the relevant activities for at least three consecutive years during the five years preceding the award of that certificate.
(b) The Medical Council shall recognise the qualification of specialised doctors awarded in Spain to doctors who completed their
specialist training before 1 January
19 95, e ven if th at traini ng do es no t satisfy the mi nimum traini ng requir ements
provided for in Directive 2005/36 EC, in so far as that qualification is accompanied by a certificate issued by the competent Spanish authorities and attesting that the
person concerned has passed the examination in specific professional competence
held in the context of exceptional measures concerning recognition laid down in Roy a l Decree 1497/99, with a view to ascertaining
that the person concern e d possesses a level of knowledge and skill comparable to that of doctors who possess a
qualification as a specialised doctor defined for Spain in Part Ia and Ib the Second
Schedule.
Acquired rights specific to nurses.
(a) The relevant Council shall, in the case of nationals of the Member States whose evidence of formal qualifications as
nurse responsible for general care was awarded by, or whose training started in, Poland before
1 May 2004 and who do not satisfy the minimum training requirements laid down in Article 31 of Directive 2005/36EC, recognise the
following evidence of formal qualifications as nurse responsible for general care as being sufficient proof if accompanied by
a certificate
stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for
general care in Poland for the period specified below:
(i) evidence of formal qualifications as a nurse at degree level (dyplom licencjata piel’gniarstwa) - at least
three consecutive years during the five years prior to the date of issue of the certificate,
(ii) evidence of formal qualifications as a nurse certifying completion of post-secondary education obtained from a medical vocational
school (dyplom piel’gniarki albo piel’gniarki dyplomowanej) - at least five consecutive years during the seven years prior
to the date of issue of the certificate.
(b) The said activities must have included taking full responsibility for the planning, organisation and administration of nursing
care delivered to the patient.
(c) The relevant Council shall recognise evidence of formal qualifications in nursing awarded in Poland, to nurses who completed
training before
1 May 2004, which did not comply with the minimum training requirements laid down in Article 31 of Directive 2005/36EC , attested
by the diploma "bachelor" which has been obtained on the basis of a special upgrading programme contained in Article 11
of the Act of 20
April 2004 on the amendment of the Act on professions of nurse and
midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation
of the
Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a
certificate of secondary school (final examination - matura) and are graduates of
medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic
of Poland of
13 May 2004 No 110, pos. 1170), with the aim of verifying that the
person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which, in the case
of Poland, are defined in Part V of the Second Schedule.
In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications of nurse responsible
for general care were awarded by, or whose training started in, Romania before the date of accession which does not satisfy
the minimum training reqiurements laid down by this act, the relevant Council shall recognise as diploma, certificates and
other evidence of formal qualification in general care nursing the diploma of nurse (Certificat de competente profesionale de asistent medical generalist) with post secondary education obtained from a scoala postliceala and a certificate stating that the person concerned has effectively and lawfullly been engaged in the activities of a nurse
responsible for general care in Romania for at least five consecutive years during the seven years prior to the date of issue
of the certificate and that the said activities have
included the taking of full responsibility of the planning, organisation and carrying out of the nursing care of the patient.
Acquired rights specific to dental practitioners.
1. (a) The Medical Council shall, for the purposes of the pursuit of the professional activities of dental practitioners
under the qualifications listed in Part IIA of the Second Schedule, recognise evidence of formal qualifications as a doctor issued
in Italy, Spain, Austria, the Czech Republic, Slovakia and Romania to persons who began their medical training on or before the reference
date stated in that Annex for the Member St ate concerned, acc ompanied by a c e rtificate iss u e d by the competent authorities
of that Member State.
The certificate must show that the two following conditions are met:
(i) that the persons in question have been effectively, lawfully and principally engaged in that Member State in the
activities referred to in Article 36 of the aforementioned Directive for at least three consecutive years during the five years preceding
the award of the certificate;
(ii) that those persons are authorised to pursue the said activities under the same conditions as holders of evidence of formal
qualifications listed for that Member State in Part II a of the Second Schedule:
Provided that persons who have successfully completed at least three years of study, certified by the competent authorities in the
Member State concerned as being equivalent to the training referred to in Article 34 of the Professional Qualifications Directive, shall be exempt from the three-year practical work experience referred to in the subparagraph (i) above.
(b) With regard to the Czech Republic and Slovakia, evidence of formal qualifications obtained in the former Czechoslovakia
shall be accorded the same level of recognition as Czech and Slovak evidence of formal qualifications and under the same conditions
as set out in the preceding subparagraphs.
(c) The Medical Council shall recognise evidence of formal qualifications as a doctor issued in Italy to persons who began their
university medical training after 28
January 1980 and no later than 31 December 1984, accompanied by a certificate issued by the competent Italian authorities.
(d) The certificate must show that the three following conditions are met:
(i) that the persons in question passed the relevant aptitude test held by the competent Italian authorities with a view
to establishing that those persons possess a level of knowledge and skills comparable to that of persons possessing evidence
of formal qualifications listed for Italy in Part II a of the Second Schedule;
(ii) that they have been effectively, lawfully and principally engaged in the activities referred to in Article 36 of the aforementioned
Directive in Italy for at least three consecutive years during the five years preceding the award of the certificate;
(iii) that they are authorised to engage in or are effectively, lawfully and principally engaged in the activities referred to
in Article 36 of the Professional Qualifications Directive, under the same conditions as the holders of evidence of formal qualifications listed for Italy in Part II a of the Second Schedule:
Provided that persons who have completed at least three years of study certified by competent authorities as being equivalent to the
training referred to in Article 34
of the Professional Qualifications Directive shall be exempt from the aptitude test and those persons who have began their university
medical training after the 31st December, 1984 shall be treated the same way provided that the three years of study began before
31 December 1994.
(e) (i) The Medical Council shall recognise, from the date of accession of Romania, and for the carrying out of the activities
of dental practitioner, the diplomas, certificates and other evidence of formal qulaifications in medicine awarded in Romania to
persons who began their university training before 1 October, 2003, accompanied by a certificate issued by the competent Romanian
authorities certifying that these persons have effectively, lawfully and principally been engaged in Romania in the activities specified
under this Act for at least three consecutive years during the five years prior to the issue of the certificate and that these p
e rson s are auth orisd to carry o u t th e s e ac ti v i ti e s un d e r t h e s a m e conditions as holders of the diploma referred
to in the Second Schedule to this Act.
(ii) However the requirement of three years experience shall be waived in the case of persons who have sucessfully completed at
least three years o f stud y which are certified by the competen t auth orities as b e ing equivalent to the training referred to
in Article 1 of Directive 78/687/ EEC.
Acquired rights specific to midwives.
1. (a) The relevant Council shall, in the case of nationals of Member States whose evidence of formal qualifications as a midwife satisfies
all the minimum training requirements laid down in Article 40 of Directive 2005/36EC but, by virtue of Article 41 of the same Directive, is not recognised unless it is accompanied by a certificate of professional practice
referred to in Article 41(2) of that Directive, recognise as sufficient proof evidence of formal qualif ications issu ed by those
Mem b er St at es befor e the reference date referr ed to in P a rt I V of th e Second Sc h e d u le , ac c o mp an ie d by a ce
rt ifi c a t e s t atin g t h at tho s e nati onal s have b e en effectively and l a wfully eng a ged i n the activiti es in questi
on for at least two consecutive years during the five years preceding the award of the certificate.
(b) The conditions laid down in the preceding subparagraph shall apply to the nationals of Member States whose evidence of formal
qualifications as a midwife certifies completion of tr aining received in the territory of the former Germ an Democratic Republic
and satisfying all the minimum training requirements laid down in Article 40 of Directive 2005/36 EC but whe r e the evidenc e of form al qualifications, by virtue of Article 41 of Directive 2005/36 EC, is not recognised unless it
is accompanied by the certificate of professional experience referred to in Article 41(2) of Directive 2005/36 EC, where it attests
a course of training which began before 3 October 1990.
(c) As regards the Polish evidence of formal qualifications as a midwife, only the acquired rights mentioned in the following sub-paragraph
shall apply.
(d) In the case of Member States nationals whose evidence of formal qu alifications as a midwife was awarded
by, or whose training commenced in, Po lan d before 1 May 2 004, and who do not sati sfy the min imum t r ain i ng requirements as
set out in Article 40 of the Professional Qualifications Directive, the Council shall recognise the following evidence of formal qualifications as a midwife if accompanied by a certifica te stating
that s u ch pers ons ha ve effectively and lawfully been engaged in the activities of a midwife for the period specified below:
(i) evidence of formal qualifications as a midwife at degree level (dyplom licencjata poloznictwa); at least three consecutive
years during the five years prior to the date of issue of the certificate,
(ii) evidence of formal qualifications as a midwife certifying completion of post-secondary education obtained from a medical
vocational school (dyplom poloznej); at least five consecutive years during the seven years prior to the date of issue of
the certificate.
(e) The Council shall recognise evidence of formal qualifications in midwifery awarded in Poland, to midwives who completed training
before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40 of the Professional Qualifications Directive, attested by the diploma "bachelor" which ha s been ob tain ed on the basis of a special up gr ading prog ramme contained
in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal
acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health
of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a c ertifica te of sec ondary sc
hool (final exa m ination - matura) and are gra duates of medical lyceum an d medical vocati onal sch ools teaching in a profession
of a nurse and a midwife (Official Journal of the Republic of Poland of 13 May 2004 No 110, pos 1170), with the aim of verifying
that the person concerned has a level of knowledge and competence comparable to that of midwives holding the qualifications which,
in the case of Poland, are defined in Part IV of the Second Schedule.
(2) In the case of nationals of Member States whose evidence of formal qualifications as a midwife (asistent medical
obstetrica-gineco logie/obstetrics- gynaecology nurse) were awarded by Romania before the date of accession and which do not satisfy
the minimum training requirements laid down by Article 40 of the Professional Qualific ations Directive, th e Council shall recognise the said evidence of formal qualifications as being suff ic ient proo f for the purposes of carrying
out the activities of midwife, if they are accompanied by a certificate stating that those Member St ate nationa ls have effectively
and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior
to the issue of the certificate.
SEVENTH SCHEDULE Added by:
L.N. 27 of 2008.
(Article 42)
The documents and certificates which a relevant Council may request are the following:
(a) proof of the nationality of the person concerned;
(b) copies of the attestations of professional competence or of the evidence of formal qualifications giving access to the profession
in question, and an attestation of the professional experience of the person concerned where applicable;
(c) information concerning the training to the extent necessary in order to determine the existence of potential substantial
differences with the required national training, as laid down by this Act. Where it is impossible for the applicant
to provide this information, the relevant Council shall address the competent authority or any other relevant body in the
home Member State;
(e) where the relevant Council requires of its own nationals wishing to take up a regulated profession, a document relating to the
physical or mental health of the applicant, that Council shall accept as sufficient evidence thereof the presentation of the document
required in the home Member State. Where the home Member State does not issue such a document, the Council shall accept a certificate
issued by a competent authority in that State. In that case, the competent authorities of the home Member State must provide the
document required within a period of two months;
(f) the relevant Councils may prescribe that, in addition to evidence of formal qualifications, the person who satisfies the conditions
of training
required must provide a certificate from the competent authorities of his home Member State stating that this evidence of formal qualifications
is that covered herein.
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