Health Care Professions Act (Amendment) Order, 2008

L.N. 27 of 2008

EUROPEAN UNION ACT

(CAP. 460)

Health Care Professions Act (Amendment) Order, 2008

IN exercise of the powers conferred upon him by article 4 of the

European Union Act, the Prime Minister has for the purposes specified

in sub-article (2) of the said article made the following Order>

(1) The title of this Order is the Health Care Professions Title and

application.

Act (Amendment) Order, 2008.

(2) The purpose of this Order is to transpose the provisions

of Directive 2005#36#EC of the European Parliament and of the Council

of 7 September 2005 on the recognition of professional qualifications,

as amended by Council Directive 2006#100#EC of 20 November 2006

adapting certain Directives in the field of freedom of movement of

persons, by reason of the accession of Bulgaria and Romania.

Article 2 of the Health Care Professions Act shall be amended Amendment of

article 2

as follows>

of the Health Care

Professions Act.

(a) immediately before the definition “Council” there shall

be inserted the following new definition>

“ “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<”<

(b) immediately after the new definition “Council” there

shall be added the following new definition>

“ “aptitude test” means a test limited to the professional

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<”<

(c) immediately after the definition “European Union” there

shall be added the following new definition>

“ “evidence of formal qualifications” means diplomas,

certificates and other evidence issued by the competent

authority in a Member State designated pursuant to legislative,

regulatory or administrative provisions of that Member State

and 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 profession concerned on the territory

of the Member State which recognised that evidence of formal

qualification, certified by that Member State<”<

(d) immediately after the definition “professional

complementary to medicine” there shall be added the following

new definition>

“ “professional experience” means the actual and lawful

pursuit of the profession concerned in a Member State<”<

(e) immediately after the new definition “professional

experience” there shall be added the following new definition>

“ “qualified person” shall have the same meaning as that

given under the Medicines Act<”<

(f) immediately after the new definition “qualified person”

there shall be added the following new definition>

“ “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 administrative

provisions of the Member State concerned or monitored or

approved by the authority designated for that purpose<”< and

(g) immediately after the new definition“regulated

education and training” there shall be added the following new

definition>

“ “regulated profession” means a professional activity

or group of professional activities, access to which, the pursuit

of which, or one of the modes of pursuit of which is subject,

directly or indirectly, by virtue of legislative, regulatory or

administrative provisions, to the possession of specific

professional qualifications< in particular, the use of a

professional title limited by legislative, regulatory or

administrative provisions to holders of a given professional

qualification, shall constitute a mode of pursuit<”.

Article 3 of the Health Care Professions Act shall be amended Amendment of

article 3

as follows >

of the Health Care

Professions Act.

(a) for paragraph (a) of sub-article (2) thereof, there shall

be substituted the following>

“(a) A person shall only be entitled to use a professional

title if he fulfils the conditions set by the relevant Council for

taking up and pursuit, in Malta, of the healthcare profession

to which the title refers.”< and

(b) immediately after sub-article (2) thereof, there shall be

inserted the new sub-articles (3) and (4) as follows>

“(3) Healthcare professionals registered with any of

the relevant Councils shall be legally entitled to use those

academic titles conferred on them in the home Member State,

and possibly an abbreviated form thereof, 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 home Member

State in an appropriate form, as prescribed by the Council.”.

Article 11 of the Health Care Professions Act shall be amended Amendment of

article 11

as follows>

of the Health Care

Professions Act.

(a) for paragraph (b) of sub-article (1) thereof, there shall

be substituted the following>

“(b) any of the qualifications listed in Second

Schedule, parts Ia, Ib,Ic, Id< or”<

(b) for sub-article (2) thereof, there shall be substituted the

following>

“(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 Surgery of the

University of Malta or a qualification listed in Second

Schedule Parts Ia, Ib, Ic, Id or any other qualification

recognised for that purpose by the Medical Council.”< and

(c) immediately after sub-article (4) thereof, there shall

be added the following new sub-article>

“(5) The Medical Council shall keep separate registers

for each of the specialities listed under the Fifth Schedule”.

Article 12 of the Health Care Professions Act shall be amended

as follows>

(a) for paragraph (b) of sub-article (1) there shall be

substituted the following>

“(b) any of the qualifications listed in Second Schedule

part IIa< or”<

(b) for sub-article (2) thereof, there shall be substituted the

following>

“(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 other qualification

recognised by the Medical Council for the purpose.”< and

(c) immediately after sub-article (9) thereof, there shall be

inserted the following new sub-article>

“(5) For the purposes of this Act the professional

activities of dental surgeon shall include the prevention,

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”.

Immediately after sub-article (2) of article 13 of the Health Amendment of

article 13

Care Professions Act, there shall be inserted the following new sub- of the Health Care

Professions Act.

articles>

“(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

experience, in addition to possession of evidence of formal

qualifications referred to in the Second Schedule, Part III then the

Council shall recognise as sufficient proof 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.”.

In article 15 of the Health Care Professions Act, paragraph (f)

shall be renumbered as paragraph (g) thereof, and immediately after

paragraph (e) there shall be inserted the following new paragraph (f)>

“(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<”.

For paragraph (d) of article 16 of the Health Care Professions

Act, there shall be substituted the following>

“(d) to prescribe and maintain professional and ethical

standards for pharmacists and pharmacy technicians and qualified

persons<”.

Article 17 of the Health Care Professions Act shall be amended

as follows>

(a) for paragraph (b) of sub-article (1) thereof, there shall

be substituted the following>

“(b) a qualification listed in Second Schedule Part III

or”<

(b) for sub-article (2) thereof, there shall be substituted the

following>

“(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 of every person, not being

a citizen of Malta or a citizen 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.”< and

(c) for sub-article (3) thereof, there shall be substituted the

following>

“(3) (a) The Pharmacy Council may require

competent authorities in a Member State to confirm the

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 national law.

(b) Diplomas, certificates and other evidence

of formal qualifications in Pharmacy which were awarded to

nationals of Member States by Member States and which do

not satisfy all the minimum training requirements laid down

under national law, shall be treated as diplomas satisfying

these requirements if they are evidence of training which has

completed before the implementation of Directive

85#432#EEC or they are evidence of training which was

completed after but which was commenced before the

implementation of the said Directive, and in each case if they

are accompanied by a certificate stating that the holder thereof

has been effectively and lawfully 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.”.

Immediately after article 18 of the Health Care Professions Addition of new

article

Act, there shall be inserted the new article 18A as follows>

18A to the Health

Care Professions

Act.

(1) The Pharmacy Council shall keep a register,

in this Act referred to as “the Register of Qualified Persons”,

in which, following an application to that effect by the person

concerned, shall be entered the name of any citizen of Malta,

or of a Member State who holds>-

(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 register in which following

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 paragraph (a) or (b) but has yet not

obtained such qualification.”.

11. For sub-article (1) of article 19 of the Health Care Professions

Act there shall be substituted the following>

“(1) No person shall practice the midwifery profession

unless he holds a licence for that purpose issued by the President

of Malta.”.

12. Immediately after sub-article (2) of article 20 of the Health

Care Professions Act there shall be added the following new sub-article>

“(3) For the purposes of this Act, the professional activities

of nurses responsible for general care shall be those activities

pursued on a professional basis and referred to in Part V of the

Second Schedule .”.

13. Article 23 of the Health Care Professions Act shall be

amended as follows>

(a)

in sub-article (1) thereof,

(i) for the words from “The Council” to the words

“Member State who holds” there shall be substituted the

following>

“(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 -”<

(ii) for paragraph (b) thereof, there shall be substituted

the following>

“(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 subparagraph (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 which a certificate has been issued in

accordance with paragraph (c)<”<

(iii) for paragraph (c) thereof, there shall be substituted

the following>

“(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<”< and

(iv) immediately after paragraph (d) thereof, there shall

be inserted a new paragraph (e) as follows>

“(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.”<

(b) for sub-article (3) thereof, there shall be substituted the

following>

“(3) The Council for Nurses and Midwives shall keep

a register in which, upon 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

State, who holds the degree or diploma in midwifery studies

granted by the 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.”< and

(c) immediately after sub-article (4) thereof, there shall be

inserted a new sub-article (5) as follows >

“(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.”.

14. Article 24 of the Health Care Professions Act shall be Amendment of

article 24

amended as follows>

of the Health Care

Professions Act.

(a) for sub-paragraph (ii) of paragraph (a) of sub-article (2)

thereof, there shall be substituted the following>

“(ii) a nursing qualification as listed in Part V of the

Second Schedule or”< and

(b) for sub-article (6) thereof, there shall be substituted the

following>

“(6) The Council may require competent authorities

of Member States to confirm the authenticity of diplomas,

certificates and other evidence of formal qualifications issued

in that Member State, and also a confirmation that the person

concerned has fulfilled all the training requirements laid down

by national law.”.

15. For sub-article (1) of article 27 of the Health Care Professions

Act there shall be substituted the following>

“(1) The functions of the Council for the Professions

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.”.

16. Article 29 of the Health Care Professions Act shall be

amended as follows>

(a) for sub-article (3) thereof, there shall be substituted the

following>

“(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 country of origin or

the country from which they come, in the language of that

country.”< and

(b) for paragraph (b) of sub-article (4) thereof, there shall

be substituted the following >

“(b) is in possession of a specialist qualification listed

in Part Ia and Ib of the Second Schedule or”.

17. Article 42 of the Health Care Professions Act shall be Amendment of

article 42

substituted as follows>

of the Health Care

Professions Act.

“42. (1) Whenever the relevant Council decides on an

application for entry in any of the registers kept by the relevant

Council, the Council may whilst guaranteeing the confidentiality

of the information contained therein demand the documents and

certificates listed under the Seventh Schedule.

(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

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 of this Act< 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 hereof.

(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”, shall not be restricted,

for any reason relating to professional qualifications, from

providing 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 Exemptions.

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 sub-article (6),

accompanied by a copy of the documents referred to in sub-

article (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 be made in advance

including the details of any insurance cover or other means of

personal or collective protection with regard to professional

liability. Such declaration shall be renewed once a year if the service

provider intends to provide temporary or occasional services in

Malta during that year. The service provider may supply the

declaration 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<

(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 subparagraph.

(g) In the absence of a reaction of the relevant Council

within the deadlines set in the previous subparagraphs, the service

may be provided.

7. (a) The relevant Council may ask the competent Administrative

cooperation.

authorities of the Member State of establishment, for each provision

of services, to provide any information relevant to the legality of

the service provider’s establishment and his good conduct, 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.”.

18. Immediately after article 42 of the Health Care Professions

Act, there shall be added two new articles 42A and 42 B as follows >

42 A. (1) Whereas in the case of>

(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 provisions regarding automatic recognition of formal

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

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 provided for in sub-article (1), it must offer the

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

sub-article (1) paragraphs (a), (b), (c) and (e) concerning

doctors and dental practitioners, and sub-article (1) paragraph

(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 sub-article (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 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.

(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 third country, is of a nature to cover,

in full or in part, the substantial difference referred to in the

preceding sub-article .

(5) The relevant Council shall in relation to the

professions referred to in the preceding paragraphs, for the

purposes of registration, under the same conditions 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

sub-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) of this sub-

article 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,

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

qualifications issued by a competent authority in a Member

State, certifying successful completion of training in the

Community which is recognised by that Member State as

being of an equivalent level 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 the profession to applicants possessing the

attestation 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

qualifications or an attestation of a level of professional

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 two years during the previous ten years

in another Member State which does not regulate that

profession, providing they possess one or more attestations

of competence or documents providing evidence of formal

qualifications which satisfy the 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 sub-article (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 applicant possesses certifies

regulated education and training at the levels of

qualifications described in paragraphs (a), (b) and (c) of

sub-article (1). The regulated education and training

listed in Annex III of the Professional Qualifications

Directive shall be considered as such regulated education

and training at the level described in sub-article (2),

paragraph (c).

(10) By way of derogation from sub-article (8)

and from sub-article (9) paragraph (b), the relevant

Council shall permit access and pursuit of a regulated

profession where access to this profession is contingent

in its territory upon possession of a qualification

certifying successful completion of higher or university

education of four years’ duration, and where the applicant

possesses a qualification referred to in sub-article (2),

paragraph (c).

(1) 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

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.

(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 basis of a comparison of the education and training

required in Malta and that received by the applicant, are not

covered by the diploma or other evidence of formal

qualifications 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 supervised practice shall be the subject of an assessment.

The detailed rules governing the adaptation period and its

assessment as well as the status of a migrant under 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 sub-article (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 must first ascertain whether the knowledge acquired

by the applicant in the course of his 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.”.

19. Article 43 of the Health Care Professions Act shall be Substitution of

article 43

substituted by the following >

of the Health Care

Professions Act.

“43. (1) In those cases where the 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 Member States does not satisfy all the training requirements

provided for under national law, each relevant Council shall

recognise as sufficient proof evidence of formal qualifications

issued by those Member States in so far as such evidence attests

successful completion of training which began before the reference

dates laid down in the Sixth Schedule of this Act and the Second

Schedule, and is accompanied by a certificate stating that the

holders have been effectively and lawfully engaged in the activities

in question for at least three consecutive years during the five years

preceding the award of the certificate.

(2) In those cases where the relevant Council has adopted

measures relating to acquired right benefiting Maltese nationals,

it shall also grant nationals of other Member States the right to

benefit from those measures, 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.”.

20. Sub-article (1) of article 51 of the Health Care Professions

Act shall be amended as follows>

(a) for paragraph (b) thereof, there shall be substituted the

following>

“(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<”< and

(b) for paragraph (h) thereof, there shall be substituted the

following>

“(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.”.

21. For the Second Schedule to the Health Care Professions Act

there shall be substituted the following>

22. The Fourth Schedule to the Health Care Professions Act shall Amendment

the Fourth Schedule

be amended as follows>

to

the Health Care

Professions Act.

(a) in Part I thereof, paragraph (d) of article 1 thereof shall

be substituted by the following >

“(d) it has a minimum of fifteen full members

registered as specialists with the relevant Council<”< and

(b) in Part II thereof, in the item “Pharmacists”, immediately

after the sub-item”“Malta Chamber of Pharmacists” there shall be

added the sub-item “Malta College of Pharmacy Practice”.

23. Immediately after the Fifth Schedule to the Health Care Addition of Sixth

Schedule to the

Professions Act, there shall be added the following new Sixth Schedule> Health Care

Professions Act.

“Sixth Schedule

(Article 43)

1. The provision of article 43 shall apply to evidence of formal Acquired rights.

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 minimum

training requirements laid down under national law if such evidence

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 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 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 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.

(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 States and issued by the former Soviet

Union, or whose training 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 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, 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

within their territory 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 Member

State in the Second Schedule, evidence of formal 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

completion 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 training 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 1995, even if that training does not

satisfy the minimum training requirements 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 Royal Decree 1497#99, with a view to

ascertaining that the person concerned 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.

(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..

1. (a) The Medical Council shall, for the purposes of the pursuit Acquired rights

specific to dental

of the professional activities of dental practitioners under the practitioners

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 State concerned, accompanied by a certificate

issued 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 31 st 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 persons are

authorisd to carry out these activities under the same 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 of study which are certified by the competent

authorities as being equivalent to the training referred to in Article

1 of Directive 78#687#EEC.

1. (a) The relevant Council shall, in the case of nationals of Acquired rights

specific to

Member States whose evidence of formal qualifications as a midwife midwives.

satisfies all the minimum training requirements laid down in Article 40

of Directive 2005#36EC but, by virtue of Article 41 of the sameDirective,

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 qualifications issued by those

Member States before the reference date referred to in Part IV of the

Second Schedule, accompanied by a certificate stating that those

nationals have been effectively and lawfully engaged in the activities

in question 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 training received in

the territory of the former German Democratic Republic and satisfying

all the minimum training requirements laid down in Article 40 of

Directive 2005#36 EC but where the evidence of formal 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 qualifications as a midwife was awarded by, or whose training

commenced in, Poland before 1 May 2004, and who do not satisfy the

minimum training 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 certificate stating that such persons have 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 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 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-ginecologie#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 Qualifications Directive, the Council shall recognise the

said 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 State nationals

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.”.

23. Immediately after the Sixth Schedule to the Health Care Addition of Seventh

Professions Act, there shall be added the following new Seventh Schedule

Health Care

Schedule>

Professions Act.

“Seventh Schedule

(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<

(d) (i) Where the relevant Council requires of persons

wishing to take up a regulated profession proof that they are of

good character or repute or that they have not been declared

bankrupt, or suspends or prohibits the pursuit of that profession in

the event of serious professional misconduct or a criminal offence,

that Council shall accept as sufficient evidence, in respect of

nationals of Member States wishing to pursue that profession in

its territory, the production of documents issued by competent

authorities in the home Member State or the Member State from

which the foreign national comes, showing that those requirements

are met. Those authorities must provide the documents required

within a period of two months<

(ii) Where the competent authorities of the home

Member State or of the Member State from which the foreign

national comes do not issue the documents referred to in the first

subparagraph, such documents shall be replaced by a declaration

on oath or, in States where there is no provision for declaration on

oath, by a solemn declaration - made by the person concerned

before a competent judicial or administrative authority or, where

appropriate, a notary or qualified professional body of the home

Member State or the Member State from which the person comes<

such authority or notary shall issue a certificate attesting the

authenticity of the declaration on oath or solemn declaration<

(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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