ACT No. VIII of 1983 AN ACT ,,,rlirer /0 amend the DC(HJrlmt ni olll eal/h (ConnlrutlonJ Qrdinona, Cap. 148.

(UI

A OATW. B AUAlA

President

20Ih May, 1983

ACT No. VIII of 1983

AN ACT ,,,rlirer /0 amend the DC(HJrlmt ni olll eal/h (ConnlrutlonJ

Qrdinona, Cap. 148.

BE IT ENACTED by th~ President, by and with the advice and

~nt of

the House of Representati vC3 , in th is present Parliament

l$$eDlbled. and by the authority of the sa me. as fol1oW\l: _

Thi! Act may be ciled as the Department ot Heallh (Cotulitu.

lion) (AmcodlllVlll Act, 1983, and shall be read and construed as one

with the Department of Health (Constitution) O\'dinanoe, hereinafter

I'l'ferml 10 1I5 Htbe principal law".

Immediately after tile interpreta tion of HMinis tcr M in Jection

lA of the principal law. there should be eotem! tbe new interpreta-

tion whi<:h follows

.. "professiona l and ethkal standards" indude the standard of

the general conduct of the member1 of a profession. as _n as the

behaviour of such member towards his chent or the patient under

his care or being attended by him. durina or COnJequenlial 10 the

exCTCisc of hill profe:uion;~

For paragraph (a) of ... bs«tion (2) of teCtioD 1901. the princi.

pal law there shall be substituted the followillJ;

"(a) A Pre$ident appointed by the Presidtnt of hhlta;".

Paragraph (cl of lubsection (2). and ... bscctions (S) and (6),

of section :24 of tbe principal law shall be repealed .

Section 25 of the principal law shall be amended as follows

!'i.

(a) for sub5ectJon (2) thereot there shall be substituted the

fol1owioj ;

" (2) Th~ membe .... Rfemd 10 in paragraph (d) or ,ub-

KCtion (2) of ~ 24 shall be elected for a INDI of three

yean."; and

(bl in iubsection (4) the.eof. for the I\'OI'ds ~(d) or (e) 01. who

section (2) or u.nder subsoction (6}" tbere shall be tubstitu!ed the

words MOT (cl) of ~ Uf',

Section 28A of lbe principal Jaw ,hall be ameodo;d as follows: Amt ,c ut

la) for paragraph la) of SUbsc<:tioll (2) there shall be IUblti- N<1i .. 1&,0

lUled lbe foUowinl;

"W a Chainnan appoinlCd by !be President of Ma lta;";

(h) in paOlgrapb (c) of liub$eclion (2) !hereof for the words

" \10'0 members" there 1b.il1I be IiUbil ilUlcd the words "five mem-

be .... " ;

le) for paragraph (c) of l ubs«iion (2) thereof there lhall be

iubstituted the foUowina

"(e) six elected members;";

(d) pa ragraph \0 o f subsection (2) lbcttof shall be deleted;

(cl for l ubtie<;tiQn (3) lbemlf lbere shall be lubstitu!ed the

following

"(3) of the six elected mcmbelll

la) four shall be apolheQries ele<:led by lICQ'CI blllot

by the apotbe<:aries ordinarily resident in Malta; and

(hI ,.,'iO shall be pharmacy lecllniciaol elected by aec.

reI ballol by the pham'8cy technicians ordinarily resjd~t ill

Malta. "; and

ID IiUbscd.ion (4) tbereoI sball Ix: deleted.

Section 238 of LlN: principal law shall Ix: amended as follows

in $ub:5ec\ion (2) the roof for the wordS '"paragraphl (d), _ u o

la)

m·'

there ,hall Ix: substituted !he II'CJfdl ·'paragraphl (d) ut 11>0 ..... Ipoi

(e) and

and (e)"; and

(bI in iUb5ection (4) Ihl:rcof for the words " paragraph (e>,

(d), (e) or (O~ tbere shall Ix: sublititutcd tbe wordi ··paragraph (c),

Id) or (e)".

I . In paragraphs (b), (e) Ind (d) of leCtion 21C or lbe prilKipal ,0= " .... "01

law, [or the words ·'a$Siltaol apotbecaries~, wberever lhey occur, there ...,ti"" ne

--.

shall be substituted the words ··pharmacy tecbniciaDll".

Subsection (21 of section 210 of tbe principal law shall be

amended lIS follOWl ;

1IO<li .. 110

•••

(I) for parall1lpb (I) thereof there ,hall be substituted the

following

"Ill a Chairman appointed by tile President of Malta;";

(bl for paragraph (b) thereof there , hall be wbstituted LlN

following

·"b) two ex off/do mcmbel'l being -

(i) the Chief Government Medical Of:r1CCf or hill

repre$Cotative; and

(i i) a Principal Medical Officer or a Senior Medi_

cal Off~r appointed by the MilIistcr.~ and

(c) in paragraph (c) thereof for the words "four members"

Iliac shall be substituted the words "si~ members",

Immediately after section 28F of tile principal law there shall

be ilUlerled the followin& new Pa n;

" PART VC

BOARD FOR TII~ PROFESSIONS SUPPLEMENTARY

TO MEDICINE

280. (I) There shall be a Board, to be called the

Board for the Profo:ssiont Supplementary 10 Med icine. which

sup;::.'- shall exercise and perform the functions assigned 10 it by Ihil

mm' .. ' la Ordinance.

""- I3ry 10 Med icine sha ll COnsiJl or

T he Board for the ProfessiOllll Supplemen.

(2)

the following membeR

a Otairman. appointed by the President of

la}

Malta;

two u officio members wOO shall be -

~)

(i) the OIid Govunmc:nt Medical Ofrtcer or

his repre$elltl live; aDd

(iD • Principal Medical Offtca or . &nior

_0

Medical Offtoer 10 be appointed by !be Minister

mmlbo:n appOinted by the Pn::sident of

(e)

Malta, and

mcmben.

IleYCO elected

(d)

Of the seven elected members -

(3)

la) one shall be a physiotherapist elected by secret

ballot by physiotherapiSIiI ordinarily resident in Malta

(b) one sball be a podo\ogist elected b y secret

ballot by pOdologiS!s ordinarily resident in Malta

(c) one shall be a medical labora tory technician

elected by 5ecTCt ballot by medical laboT11\Qry tc:chniciaru

ordinarily resident in Malta;

(d) onc shall be a n occuplltiomd tbmlpist elected

by secttt ballot by occupatioua l thC'T11pists ordinarily

resioknt in Malta;

(e) one shall be a I1Idiognlphn" c1cdcd by secret

ballo! by I1Idiographer1 ordinarily resident in Malta

(I) ODe shall be a .peech therapist elected by !l«ttt

ballo! by speech tbmpisu ordinarily resident in Malta

.....

(gl one lhall be a health inspector elcded by

secret ballot by health inspcc:ton ordinarily resident in

Malta.

The Minillter shall appoint an officer of the

(4)

Department to act as Regisll'1lr of the Board for the Prole&.

sions Supplementary 10 Medicine.

The 8oII.rd for the Professions SUpplementary

(5)

10 Medic:ioe may d iseusll, decide and ill a ny manner act DOl-

.... ithstanding Bny VlIC:tncy among its IMmbcn.

2&H . (I) The Chairman shall hQld and vacate his

office in acoordance with the terms of his Bppointment. but

he may at any time resign his office by noticc in writi11,/! to

the President ot Malta.

(2) The membns appointed ... ndo:r pan.grapbs

(bI a nd (e) of 5UbIectioo (2) of sa:tioD 28G ,hall hold office

tor such period and on such terms and oon d itions as the

Minister O£ the President of Malta, as the ease may be. may

deem appropriate. and tkc M inister or the President of Mal·

ta. as the case may be, may at any lime terminate any web

appointment

(3) The memberi to be elected undeT paragrapb

(d) of J\lbsection (2) of I«tion 280 shall be 10 elected tor a

temI of thne years

Provided that in the first ele<:tions to the Board for

the ProfessioDll SUpplementary 10 Med icine the term of office

,hlllI be o f One ~r in respect of the ~ts referred to in

paragraphs (a), (b) and (c) of s ... b5eCIion (31 o f section 280.

and of two yean in respect of the seats referred 10 in puJ.'

JTIIpbs (d) and (e) of the said wb5eClion.

(4) Any member appointed Of eleetc:d. as tbe case

may be, under prIIr.agraph le) or (d ) of subsection (2) of section

mar

at any time ~ia.n his office by notice in writing 10

lhe ChaIrman.

(S) ~n a vacancy oo:;ur.;; in the composi tion of

the Board fO£ Ihe ProfC56ions Suppkmentary to Medicine a

new appointment shall be made or an election ,ball be held.

85 the cue may be. within a pmod of one month from the

dale of ,lICh vacancy.

28 I. T he duties of the Board for the Professions SUp'

plementary

10 Medicine sball be _

(a) to advise an d make recommendatiolU 10 the

Profes&iom

Minister concerning the regilitr.atioll cl the O'C'CSOIII5

referred to in paragraph (c) of thil section

(b) 10 advise and make rocommenrlaliOlll 10 the

Minister ~onccrning the CQUT$C of studiel a nd tnoiniog

and the relali\'(: e~amilUllioDl wbkh may be pJ"C!jl;["jbcd

as a condition ot admi!l$ion to the registers of the persOIlS

referred 10 in paragraph (c) of this section;

(c) 10 keep a 5Cpanle register in respecl of physio.

therapists. podologists. medical laboratory technicians.

Ot>;u pII lional lberapists, radiOSf1lphcn, spt«b tbenopists.

health iOllpCC1ors and of other Jlt'1'5OIIS who an: q11l.lified

in other recognised prnfcssiollt lupplementary to medi·

cine, as may be required undor any law

(d) to prescribe and maintain professional and

ethical standards for Ibe pcnollll referred 10 in pan..

graph (c) of thil section;

(e) 10 advise the Minister on any matter. including

legislation, affecting the pracli~ and seT\'iu of the

persons referred to in paragraph (c) of tbis section, which

the Minister may refer to the said Board,".

For paragraph (c) of subsection (2) of section 29 of the princi_

pal law there shall be substituTed the following

"(c) four members appointed by the President of whom one

shall be appointed from among the pharmacists. pharmacy te.:hni·

ciam, nurses. midwives and members of the protclllions supplemen-

tary IQ medicine employed al the hospital:".

In section 36 of the principal law. for the words "the Pharmacy

Board and t11e Nursing and Midwifery Board" Ihere shall be Milstituted

lbe words "Ihe Pharmacy Board. the Nun;ing and Midwif ... y Board and

the Board for lhe Professions Supplementary to Medicine".

13, t n section 37 and in subsection (l) of section 40 of the principal

law, immediately after the words "the Nursing and Midwifery Boud."

!here shall be inserted the words "the Board for Ihe Professions Supp\o.

mentary to Medicine ....

14, In snbsection (l) of section 39 of (he principal law, imme-

diately after Ibe words "or the Nursing and Midwifery Board" there

shan be inserted the words "or !he Board for the Professions Supp\o.

mentary to Medicine",

15, In subsection (3) of section 41 of the principal law for the

words "of Parts IV, V, VA. VB" there shall be substituted the words

"of Parts IV, V, VA, VB, VC' .

Ui. In the First Schedule to the principal law, the words "Medical

Laboratory Te.:hnicians, Laboratory A~siS!ants, Radiographers, Electro-

Encephalograph Recordists, Masseu", (and M=euses). Physiothera-

pists, Health Inspectors, Rodent Control Ofrtcers, Public Oeansing

Officers. Operating Room Orderlies. Electra-Therapeutic Department

Orderlies, X-Ray Orderlie:s. Oo;:upalional T herapists, DieletiaOll,

Wardens" shall be deleted.

The Second Schedule to the principal law shall be amended

as folllYWS

(a) in paragraph ], sub-paragraphs (I). (3) and (4) of para-

graph 2, sub-paragraph 0) of paragraph 3 and paragraph 5 thereof,

immediately after the words "the Nursing and Midwifery Board"

wherever they occur, there shaH be inserted in each case the words

"the Board for the Prole:;.sions Supplementary to Medicine";

(b) in sub-paragraph (2) of paragraph 3 therM!. immediately

after the words "that of tlte Nursing and Midwifery Board shall be

7," there shall be inserted the words "that of the Board for Ibe Pr0-

fessions Supplementary 10 Medicine shall be 7,": and

(c) immediately at tbe end of paragraph 4 thereof there shall

be added the following new sub-paragrapb

" (5) T~ Boardfor the Professions Supplementary

10 Medicine shall hold a meeting once monthly. and in addi-

tion. special m«tings may be held in accordance with sucb

standing orders as may be made under paragraph ~ of this

Schedule ....

For the purpose of the: fIrst appoinlmeuts or electiolu 10 the

.......... ,.

Board foe the Professions Supplemental')' 10 Medicine after the eom ing

into force of this Act. any por50U who. in the opinion of the Chief

(loverOtMOI Medical Officer. is qua lified 10 have his name eDlered in

the apprOpriate regi.$ler, may vote at such ele<:tioos and may be: appoint.

ed or elected. as the ClIK may bc. and may retain his membership l or 10

lon,a as his registtalioll is DOl refused by the Board. nOl:wilhstalldiug

that his name doaI not appear in the appropriate regi$ter.

Pa~ by the: House of Rcpresenlalivea at Sitting No. 97 of the 2nd May.

1983. C. MlfSUD

Curl: /0 the HoUStl of Reprt.Mrllo.livu

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