Orders) (Amendment) Regulations, 2023

L.N. 154 of 2023

HEALTH CARE PROFESSIONS ACT

(CAP. 464)

Council for the Professions Complementary to Medicine (Standing

Orders) (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 51 of the

Health Care Professions Act, the Minister responsible for health has

made the following regulations:-

(1) The title of these regulations is the Council for the

Professions Complementary to Medicine (Standing Orders)

(Amendment) Regulations, 2023 and these regulations shall be read

and construed as one with the Council for the Professions

Complementary to Medicine (Standing Orders) Regulations,

hereinafter referred to as "the principal regulations".

(2) The scope of these regulations is to transpose Directive

2005/36/EC of the European Parliament and of the Council of 7

September 2005 on the Recognition of Professional Qualifications.

In regulation 41 of the principal regulations, the words "in

the Fifth Schedule." shall be substituted by the words "in the Fifth

Schedule:" and immediately after there shall be added the following

new proviso

"Provided that if the applicant applies for only the

recognition of the professional qualification and not for registration,

the Council shall inform the applicant whether the qualification has

been recognised. In order to be registered in the register, the applicant

shall fulfil the other requirements listed in items 2 and 3 of the Fifth

Schedule.".

The Fifth Schedule to the principal regulations shall be

substituted by the following new Schedule

"FIFTH SCHEDULE

(regulation 41)

REQUIREMENTS FOR REGISTRATION WITH THE

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO

MEDICINE

1. Application form

2. Identification document

3. The following documentation (in English or Maltese, or

certified translations in English or Maltese)

(a)

recent conduct certificate issued by the police;

(b) documentation indicating the applicant’s professional

qualifications and, or the applicant’s portfolio of academic

record and practical training associated with the profession and

in relation with the professional syllabus performed by the

applicant’s institution.

(c) a certificate of good standing with the Council where

the applicant is registered, or in the case where the profession is

not regulated in a Member State and therefore such a certificate

cannot be issued, a declaration on oath or a solemn declaration

stating that the applicant is not registered with a Council in

another Member State since the said profession is not regulated

in such Member State. The said declaration shall be made by the

applicant before a competent judicial or administrative authority

or where appropriate, before a notary or a qualified professional

body of the Member State in question, who shall issue a

certificate attesting the authenticity of the declaration on oath or

solemn declaration made by the applicant;

(d) where the competent authorities of the home Member

State or of the Member State from where the foreign national

originates do not issue the documents referred to in paragraph

(c), the said documents shall be substituted by a declaration on

oath or in the case where States do not provide a declaration on

oath, it shall be substituted by a solemn declaration made by the

person concerned before a competent judicial or administrative

authority or, where appropriate, before a notary or a qualified

professional body of the home Member State or the Member

State from where the person originates, who shall issue a

certificate attesting the authenticity of the declaration on oath or

solemn declaration;

(e) appropriate proof of knowledge of the English or

Maltese language;

(f) the Council may invite the applicant to provide

information concerning his training to the extent necessary in

order to determine the existence of potential substantial

differences with the required national training.

All correspondence shall be received and interviews shall be

carried out in the Maltese or English language.".

€0.27