Medical Council (Standing Orders) Regulations, 2009

L.N. 375 of 2009

HEALTHCARE PROFESSIONS ACT

(CAP. 464)

Medical Council (Standing Orders) Regulations, 2009

IN exercise of the powers conferred by articles 10 and 51 of

the Healthcare Professions Act, the Minister for Social Policy has

made the following regulations

The title of these regulations is the Medical Council

(Standing Orders) Regulations, 2009.

(Standing Order 38)

FORM OF REGISTERS

MEDICAL COUNCIL - MALTA

THE .............................. REGISTER

Title to registration

Original Number of

Name

Address

Date of registration

and Additional

Registration

Qualification

B

In these Standing Orders, unless the context otherwise

requires -

“the Act” means the Health Care Professions Act;

“the Council” means the Medical Council constituted by

article 9 of the Act;

“licence” means a licence to practise the profession of

medical practioner or dental surgeon;

“practitioner” means a person who practises the

profession of medical practioner or dental surgeon;

“Member State” means a member state of the European

Union, a state within the European Economic Area,

Switzerland or any other state as the Minister may prescribe;

“the Minister” means the Minister responsible for

health.

(Standing Order 39)

FORM OF APPLICATION FOR REGISTRATION

MEDICAL COUNCIL – MALTA

APPLICATION FOR REGISTRATION

I apply to be registered under article ............ of the Healthcare Porfessions Act

My full name is ..........................................................................

(Give full name in capital letters, surname underlined)

I was born at ................................ on .........................................

(day, month, year)

My home or permanent address* for entry in the Register is

The address* to which my Certificate of Registration should be

sent is ..........................................................................................

Description of qualification(s) ..................................................

Date when conferred .............................................................

University or Body by which granted ..........................................

I submit in support of my application the licence granted to me by the Minister

responsible for Health to practise

Signature of applicant .................................................................

Date of application .....................................................................

*Give these addresses in full.

B

The Registrar shall keep records showing the name Records.

of every member of the Council, the date of his appointment or

election, the authority or the profession, by which he has been

appointed or elected, the provision of law in accordance with

which he has been elected, or appointed, his term of office and the

date of his retirement, resignation or death.

(Standing Order 41)

FORM OF CERTIFICATE OF REGISTRATION

MEDICAL COUNCIL - MALTA

CERTIFICATE OF REGISTRATION

IN THE .......... REGISTER

(........................... LIST)

NUMBER .............................

Date .............................

I HEREBY CERTIFY that the following is a true copy of the entry made in the

...............................................List of the .................... Register in respect of the name

specified below

REGISTRATION

NAME

ADDRESS

DATE OF

QUALIFICATIONS

NUMBER

REGISTRATION

Seal

REGISTRAR

Medical Council - Malta

B

On resignation, the death or the expiry of the term of

office of the appointed members, the President shall cause a

notice thereof to be sent to the authority concerned. In the case of

elected members, the President shall cause an election to be held in

accordance with the provisions of the Medical Council (Elections)

Regulations, 2004.

(Standing Order 43)

FORM OF CERTIFICATE OF ALTERATION OF REGISTERED NAME

MEDICAL COUNCIL - MALTA

CERTIFICATE OF ALTERATION OF NAME IN THE

....................... REGISTER

NUMBER .............................

Date .............................

I HEREBY CERTIFY that the following name has been altered as indicated in the

............................................... Register

List of the .................... Register in respect of the name specified below

NAME

PREVIOUSLY

NAME AS NOW

ADDRESS

DATE OF

QUALIFICATIONS

IN REGISTER

REGISTERED

REGISTRATION

Seal

REGISTRAR

Medical Council - Malta

B

The Council shall hold at least monthly meetings as

specified in paragraph 14 of the First Schedule to the Act. In

addition, meetings of the Council may be summoned at any other

time by direction of the President and shall also be summoned on

a written request signed by not less than three of the members and

addressed to the President, who shall cause such meeting to be

convened within seven days of the receipt of such request.

Procedure for recognition of qualifications and subsequent registration for the

specific professions of Title III, Chapter III - EEA and Swiss nationals and

residents of these countries

Step 1: Obtaining information on how to apply for recognition and registration

Application is requested from the office of the relevant council, by e-mail, by

telephone, or downloaded from the council’s website.

Application forms are on the appropriate websites, accompanied by an information

sheet listing the documents to be attached and registration guidelines.

Step 2: Submitting an application

The applicant submits an application for recognition of qualifications and then

registration with the relevant Council. This is received by the Registrar. The Registrar

checks the application for any missing documents or other documents which might be

incorrect. The Registrar immediately informs the applicant of such. When application

is received and is considered valid, the applicant is given an acknowledgement. The

applicant has the right to receive a decision on his application within three months

from the receipt of a valid application. Should the applicant be requested to submit

further documents, the three months will apply from the date of receipt of any

document requested. If any document is incorrect the Council asks the relevant

competent authority to issue a correct document. Should this document take long to be

received, the Council must inform the applicant before the lapse of the three month

deadline.

To be considered valid, an application has to include

1. A completed, signed and dated application form (Appendix 1), including payment,

if applicable.

2. Proof of identity (passport or identity card). (If applicable, a certified copy of the

marriage certificate.)

3. Proof of nationality and residency (if applicable). This must be a certified copy of

the applicant’s passport.

4. A certified true copy of the original professional qualifications

5. If necessary, certificate of acquired rights and/or of conformity..

6. Certificate of current professional status (CGS/CCPS, not older than three months),

and if applicable, a certified copy of the licence to practise.

• An original copy of the police conduct, issued within three months.

• One recent passport photograph certified by an appropriate official for issuing

the professional card.

If any document or certification provided is not in English, the applicant is required to

provide a certified translation into English. The translation must be carried out by a

professionally registered and authorised translator in an EU member state. The

translator must provide his/her name and business address and certify in English that

they are authorised to translate from the particular foreign language into English and

that the translation produced is true and accurate. This certification must be on the

same page as the translation or be attached to the translation.

Step 3: Assessment of the Application by the Council

The Registrar, in the first meeting after the receipt of a valid and complete

application, presents the application to the Council or sub-committee for analysis,

discussion and decision.

The Council has to decide whether to use one of three methods

Directive 2005/36 (Free establishment)

A. Title III, Chapter III (specific professions, automatic recognition)

B. or Chapter I (professions of the general system, case by case approach), in

that case the applicant is asked to provide a detailed transcript of theoretical

and practical training in hours (diploma supplement)

C. or national legislation to apply for such an application.

Step 4: Decision by the Council

If the Council sees that the applicant holds a qualification listed in the relevant

Annex of Directive 2005/36/EEC and if the diploma issued after a training or

education that started after the date of accession of the home Member State,

and if the diploma is still valid (CGS/CCPS), then automatic recognition is

granted, if not recognition is refused.

If the Council sees that the applicant holds a qualification listed in the relevant

Annex of Directive 2005/36/EEC and if the diploma issued after a training or

education that started before the date of accession of the home Member State,

a certificate of acquired rights article 23 (1), or certificate of conformity of

article 23 (6), and if the diploma is still valid (CGS/CCPS), then automatic

recognition is granted, if not recognition is refused.

If the professional title in the diploma certificate presented by the applicant

differs from that listed in the relevant Annex, a certificate according to article

23 (6) is necessary (change of professional title) and if the diploma is issued

after a training or education that started before the date of accession of the

home Member State, a certificate of acquired rights article 23 (1), or certificate

of conformity of article 23 (6), and if the diploma is still valid (CGS/CCPS),

then automatic recognition is granted, if not recognition is refused.

If none of the above applies, the system of Chapter I will be applied.

The Council/sub-committee evaluates the detailed transcript of the training of

the applicant vis-à-vis comparability with minimum training requirements

accepted by the Council. If the training is comparable to the Maltese

requirements, the qualifications of the applicant are recognized and

registration is granted.

If the Council deems that the relevant training/education shows substantial

differences or is one or more years shorter, it has to evaluate whether the

professional experience compensates for this difference. If this is the case, the

Council will recognize the qualifications and grant registration.

B

If the professional experience does not compensate for the lack of

training/education followed by the applicant’s training, he/she is offered a

choice between an adaptation period or aptitude test prescribed by the Council,

unless the Council decides to derogate from this prerogative of the applicant.

The Council will decide how and where it will be organized. Upon successful

completion of this procedure the Council will recognize the qualifications and

register the applicant. If the completion is not successful, the applicant will be

advised to get education, or he/she will be refused.

In case the cases mentioned in A and B are not applicable, then national

legislation will be applicable.

Step 5: Informing the applicant of the decision

The applicant has to be informed in writing by registered mail of the decision of the

Council and his/her right to appeal in case of his/her qualifications not being

recognized. In the case of refusal, the Council has to inform the applicant of the

reasons for this refusal. The applicant has the right to appeal within 20 calendar days

from the letter informing the applicant of the decision of the Council is received.

Step 6: Registration and licensing

When the applicant is granted recognition of his / her qualifications, the Council

registers the applicant in the relevant Register and recommends him / her for the issue

of a licence to practice by the President of Malta. Upon registration and licencing, he

/ she can practice his / her profession in Malta.

B

All meetings of the Council shall be convened by the

Registrar, by notice addressed to each member, and sent by hand,

post or electronic mail.

(Standing Order 46)

FORM OF CERTIFICATE

OF TEMPORARY REGISTRATION

MEDICAL COUNCIL - MALTA

CERTIFICATE OF REGISTRATION (TEMPORARY) IN THE

.............................. REGISTER

(NON EU*) NUMBER .............................

Date .............................

I HEREBY CERTIFY that the following is a true copy of the entry in the NON EU

Register of the Medical Council in respect of the name specified below

REGISTRATION

NAME

ADDRESS

DATE OF

PERIOD OF

NUMBER

REGISTRATION

VALIDITY OF

REGISTRATION

QUALIFICATIONS

Seal

REGISTRAR

Medical Council - Malta

* Delete whichever is not applicable

€1.68

The notice shall state the hour and place of the meeting

and its purpose, whether for general business or for any named

special business.

The Registrar shall send a copy of the agenda to each

member not less than five days before the day of the meeting,

except in any case of special urgency, to be decided by the

President, when a notice of two days shall suffice.

Any notice of motion to be inserted in the agenda for a

meeting must be received by the Registrar at least eight clear days

beforehand.

The decision of the Council shall be by a majority of

votes.

The order of business at each regular meeting shall be as

follows

(a) (i) reading, amendment, confirmation and

signature by the President or, as the case may be, by the

chairman elected by the meeting, of the minutes of the last

meeting;

(ii)

business arising out of the minutes;

(b) correspondence;

(c) adjourned business;

(d) reports of committees;

(e) motions on the notice-paper.

The regular order of business may be varied or

suspended at any meeting by a vote of two-thirds of the members

present.

Except by permission of all the members present, no

member shall introduce for discussion at a meeting a subject which

has not been duly inserted in the agenda for that meeting.

Before any motion or amendment is discussed, it shall

be proposed and seconded, and shall be reduced to writing. All

formal amendments shall be framed so that they may be read as

independent motions.

No amendment motion shall be withdrawn after having

been read unless by permission of the Council.

The seconder of a motion or of an amendment may

reserve his speech to any period of the debate; but only the

proposer has the right of final reply.

If an amendment on a motion is proposed, no

amendment which is directly related to the amendment under

discussion may be moved.

The amendment shall first be put to the vote; and, if it

be negatived, a second amendment may be moved, and shall be

disposed of in the same way as the first amendment; and so on,

until no further amendment is proposed.

Should every amendment be negatived, the original Original motion.

motion shall then be put to the vote.

If any amendment be carried, it shall then be regarded Amendment motion

as a substantive motion and treated, as to further amendments and

the right of speaking on it in reply, and in all other respects, as an

original motion.

When a motion is under debate, no further proposal

shall be received, except one of the following

(i) an amendment, namely, “That the motion be

amended as follows ………………………………”;

(ii) the postponement of the question, namely, “That

the consideration of the motion be postponed”;

(iii) the adjournment of the debate, namely, “That the

debate on the motion be now adjourned”;

(iv) the adjournment of the Council, namely, “That the

Council do now adjourn”;

(v) the closure of the debate, namely, “That the

Council do now proceed to vote on the motion”;

(vi) the previous question as to the motion, namely,

“That the Council, instead of proceeding to deal with the

motion, do pass to the next item on the agenda”.

When an amendment is under debate, no further

proposal shall be received except one of the following

(i) the adjournment of the debate on the amendment,

namely, “That the debate on the amendment be now

adjourned”;

(ii) the adjournment of the Council, namely, “That the

Council do now adjourn”;

(iii) the closure of the debate on the amendment,

namely, “That the Council do now proceed to vote on the

amendment”;

(iv) the previous question as to the amendment,

namely, “That the Council, instead of proceeding to deal

with the amendment, do resume the debate on the motion

originally proposed”.

The proposal for the postponement of the question may

specify a date for the further consideration of the question, or be

made sine die.

If the proposal for the adjournment of the debate be

carried, the Council shall pass to the next item on the agenda, and

the debate shall be resumed at the next ordinary meeting of the

Council. The proposer of the adjournment shall, on the resumption

of the debate, be entitled to speak first.

On the proposal for the adjournment of the Council Transaction of

being made and seconded, it shall be competent for the President unopposed business.

before putting the question, to take the opinion of the Council as

to whether they will, before rising, proceed to the transaction of

unopposed business.

The proposal for the closure shall be made and seconded

without debate, and shall, unless the President shall rule otherwise,

be put forthwith. Should the proposal be carried, the motion or

amendment under debate shall be at once voted on by the Council.

The proposal for the previous question shall be made

and seconded without debate, and shall be put forthwith. Should

the proposal be carried, the motion or amendment to which it

applies shall be dropped from the agenda.

A question shall be decided by a show of hands unless a

ballot be asked for by a member. The vote is to be recorded in the

minutes.

A motion to rescind any decision of the Council cannot

be proposed before the lapse of six months from the date of the

decision in question unless the Council unanimously decide

otherwise.

All the proceedings of the Council shall be entered in

minute form and periodically bound; and the names of the members

present at each meeting shall be entered in the minutes.

The minutes of each meeting shall contain such motions

and amendments as have been proposed and adopted or negatived,

with the names of the proposer and seconder, but without any

comment or observation of members.

The President or the chairman elected by the meeting, as

the case may be, shall confirm by his signature the minutes arising

out of the business of a meeting.

No motion or discussion shall take place upon the

minutes except upon their accuracy, and any question of their

accuracy shall be raised by motion. If no such question is raised, or

if it is raised as soon as it has been disposed of, the President or the

chairman elected by the meeting, as the case may be, shall declare

that the minutes are confirmed.

(1) The Council may appoint as it deems necessary

special committees and standing committees to submit

recommendations to the Council regarding the matters referred

to them by the Council. Such committees shall submit their

recommendations in writing to the President of the Council stating

the reasons for their recommendations.

(2) Any such special committee or standing committee

may include amongst members persons with expert knowledge

in special matters not being members of the Council: provided,

however, that the chairman of any such committee shall always be

a member of the Council.

(3) The Council may set up other committees as laid

out in article 10 (2) and (3) of the Act.

All proceedings of the Council and of its committees,

excluding disciplinary hearings, shall be regarded as confidential.

The Council, however, may issue statements and directives as it

considers appropriate from time to time.

(1) Without prejudice to the proviso to paragraph (a)

of sub-article (1) of article 11 of the Act, in recognising another

hospital the Council shall take into consideration the country in

which the hospital is situated and the level of supervision and

structure of the training offered by such hospital.

(2) Without prejudice to the provisions of sub-article

(1) of article 11 of the Act -

(a) in determining the fulfillment of the requirement of

an applicant to have served as a house officer in a government

hospital, the Council shall only consider the successful

completion of the Foundation Programme Malta for junior

doctors, and

(b) in recognizing another hospital, the Council shall

take into consideration the country in which the hospital is

situated, the level of supervision and structure of the training

offered by the hospital.

Without prejudice to sub-article (2) of article 7 of the

Act, the Council shall consider that any practitioner accompanying

any foreign dignitary as being of standing and hence allowed to

work in Malta subject to the necessary documentation being

presented and other provisions of the Act being satisfied, should

the relevant practitioner establish his practice in Malta.

Each register shall be in accordance with the form

shown in the First Schedule and shall state in respect of each

person the particulars referred to in that Schedule.

An application for registration in any of the registers Form of application.

shall be made to the registrar in accordance with the prescribed

form shown in the Second Schedule and shall be accompanied

by all documentation requested. Decisions on applications shall

be made within three months from the date when all initial

documentation and any further documentation requested is

received. Failure to present any documentation requested within

four weeks from the said request shall nullify the application and

the applicant shall have to re-apply.

(1) The Registrar shall lay before the Council all

applications for registration.

(2) The Registrar, on being directed to do so by

the Council, shall enter the particulars of a person accepted for

registration in the relevant part of the register.

When any person entitled to be registered in any of the

registers has his name and particulars entered in the register, he

shall be given a certificate of registration in accordance with the

form shown in the Third Schedule.

Every registered practitioner shall be bound to notify

the Registrar without delay of any change affecting the entry in his

respect in any of the registers.

Subject to the provisions of standing order 42, when Alterations in

a registered practitioner applies according to the form in the registers.

Fourth Schedule, to the Registrar to have an alteration made

in his registered name or in his registered address, or to have

any registrable qualification which he possesses entered in the

register in substitution for or in addition to a qualification already

registered, the Council shall, on being satisfied that all the

requirements of these Standing Orders have been complied with,

cause to be entered in the register the alteration or addition so

notified.

A registered practitioner, who applies to have an

alteration made in his registered name, shall produce in support of

his application, such certificates or other documentary evidence as

the Council may consider requisite.

A certificate showing the change of name in the register,

in accordance with the form shown in the Fourth Schedule, shall be

issued on the entry in the appropriate register of an alteration in the

name of the practitioner.

The certificate of temporary registration shall be in the

form shown in the Sixth Schedule.

The Registrar shall keep on record a printed form of the

registers as they stand on the 30th June and 31st December of each

year.

Subject to any directions which may be given by the

Council, letters shall be sent by the Registrar, at least once in each

year, to all persons whose names appear in the registers, for the

purpose of keeping the registers correct.

(1) If a registered practitioner applies to the Council

for the removal of his name from any of the registers, the

application shall be in the form of a declaration signed by him

specifying the ground or grounds on which the application is made

and stating whether the applicant

(a) is currently under investigation as stipulated in Part

VII of the Act,

(b) is currently under any criminal investigations to

have any qualification which he holds withdrawn from him,

or

(c) is currently in debit towards the Council.

(2) The application shall be considered by the Council,

who may, if it thinks fit, adjourn consideration to a future date,

and may require the applicant to furnish further information or

explanation either in writing, or orally and in person before the

Council.

(3) (a) After considering the application, the Council

may, if it thinks fit, by resolution put by the President from

the chair, direct the Registrar to remove, and the Registrar shall

thereupon remove, the name of the applicant from the register.

(b) The President of Malta shall also be notified

so as to withdraw the licence.

(4) If removal is directed, the decision of the Council

shall forthwith be notified by the Registrar to the applicant by letter

addressed to his registered or last known address.

Where the name of a health care professional has been Restoration of names

erased from a register, the relevant Council may, if it thinks fit, at removed

any time, either after an application to that effect by the person practitioner.

concerned or otherwise of its own motion, direct his name to be

restored to the appropriate 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.

(1) The Council shall have a seal of a circular form Seal.

bearing the image of St. Luke enclosed in the inscription.

(2)

The seal shall be kept in the custody of the

Registrar.

(1) The Registrar, or another officer of the Council Authorisation and

authorised in writing by the President of the Council, shall be object

authorised to affix the seal to all certificates of registration and to

all formal commissions issued by the Council.

(2) Save as aforesaid, the seal shall be affixed only by

order or under the authority of the Council.

(3) Any order for affixing the seal shall state the object

of its use and shall be entered in the minutes of the Council.

(1) The President of the Medical Council and any other

member who is not a public officer in terms of the Constitution

shall be entitled to Class A travel allowance when travelling for the

purpose of attending conferences.

(2) Such members as are public officers shall be

entitled to those conditions and allowances as are from time to time

established for public officers.

(3) For the purposes of this regulation, “conferences”

shall include congresses, meetings of experts and symposia

organised by international or national bodies.

The Medical Council Standing Orders, 1959 are hereby

being revoked.

B