PROCEDURE FOR THE ERASURE OF NAMES OF PROFESSIONALS COMPLIMENTARY TO MEDICINE RULES *

SUBSIDIARY LEGISLATION 458.19

PROCEDURE FOR THE ERASURE OF NAMES OF

PROFESSIONALS COMPLIMENTARY TO

MEDICINE RULES *

20th September, 1985

LEGAL NOTICE 31 of 1985, as amended by Legal Notice 3 of 2000.

The title of these Rules is Procedure for the Erasure of

Names of Professionals Complimentary to Medicine Rules.

Rules 5(3), 18

FORM A

Rule 5 (3)

COUNCIL FOR THE PROFESSIONS COMPLIMENTARY TO

MEDICINE

Notice of Inquiry

To .....................................

I hereby give you notice that the Council for the Professions

Complimentary to Medicine has ordered an inquiry to consider and

judge the charge imputed to you, namely ...........................

You are hereby informed that the first sitting of the said inquiry

will be held on ............... the .................19 ............. at ... ...............

A copy of the Council for the Professions Complimentary to

Medicine (Erasure of Names Procedure) Rules is enclosed for your

guidance.

You are warned that failure on your part to appear without giving

a reasonable explanation for your absence would not debar the

Council for the Professions Complimentary to Medicine from

proceeding with the inquiry even in your absence.

Chairman,

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

Council for the Professions

Complimentary to Medicine

FORM B

Rule 18

COUNCIL FOR THE PROFESSIONS COMPLIMENTARY TO

MEDICINE

Notice to a person to give evidence and/or to produce

Documents, etc.

To ....................................

You are hereby required to attend before the Council for the

Professions Complimentary to Medicine on ......................... the

................19 ...... at ............. at ........................ and so on any

other day to which the hearing may be put off, to give evidence

and/or to produce the following documents ........................... in the

matter of an inquiry held against ..........................................

You are warned that failure to attend as hereby required will

expose you to the sanctions prescribed by law.

Chairman,

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

Council for the Professions

Complimentary to Medicine

In these Rules -

"Act" means the Health Care Professions Act;

"appropriate register" means the appropriate register for the

purposes of the Act;

"Chairman" means the Chairman of the Council for the

Professions Complimentary to Medicine and includes, in the case

of absence of the Chairman from a meeting of the Council, the

member acting as Chairman for that meeting;

"Council" means the Council for the Professions Complimentary

to Medicine established by the Department of Health (Constitution)

Ordinance;

"practitioner" means a physiotherapist, a medical laboratory

scientist, an occupational therapist, a radiographer, a speech

therapist, a health inspector or a member of any other recognised

profession complimentary to medicine as the Minister of Health

may declare in terms of the Act, registered under the Act;

"Registrar" means the Registrar of the Council for the

Professions Complimentary to Medicine appointed in accordance

with the provisions of article 35(4) of the Department of Health

(Constitution) Ordinance.

No direction shall be given under the Act except in

consequence of an inquiry held in accordance with these rules into

the charge formulated in a notice of inquiry served in accordance

with the provisions of these rules on the person against whom the

charge is made.

(1) When a complaint in writing by a private person or a

report by a person acting in a public capacity are sent to the

Council -

(a) that a practitioner has been convicted by a Maltese

Court of any crime punishable by imprisonment for a

term exceeding one year or of any of the crimes

mentioned in articles 212 to 219 or in articles 221 to

223 of the Criminal Code; or

(b) relating to the conduct of a practitioner; or

*These Rules have been repealed by Legal Notice 249 of 2025.

(c) refers to the fact that a practitioner is unfit to practise

his profession on grounds of mental or physical

infirmity,

the Registrar shall submit the relative document to the Chairman.

(2) In so far as a complaint or report relate to conduct or

unfitness on grounds of infirmity no further steps are to be taken

u n l e s s a n d u n t i l t h e d o c u m e n t i s co n f i r m e d b y m e a n s o f a

declaration on oath; and every such declaration -

(a) shall state the address and description of the declarant,

and

(b) if any fact declared is not within the personal

knowledge of the declarant, it shall state the source of

the declarant’s information and the grounds for his

belief in the truth of the fact.

(3) The Chairman shall direct the Registrar to notify the

practitoner of the receipt of the complaint or report stating the

substance thereof and sending to the practitioner a copy of any

declaration on oath furnished under sub-rule (2), and to invite the

practitioner to submit to the Council, within such date as the

Chairman shall determine, any explanation which the practitioner

may have to offer; and every such explanation must be in writing

and must reach the Registrar within the time fixed by the

Chairman

Provided that in so far as a complaint or report relate to

infamous conduct in a professional respect, he shall direct the

Registrar -

(a) to refer such complaint or information to the Council

to decide whether the complaint or report need not

proceed further; or

(b) to direct the Registrar to notify the practitioner in

accordance with the provisions of this sub-rule.

(4) The Chairman shall direct the Registrar to refer for inquiry

a complaint or information to the Council together with any

explanation then furnished by the practitioner and any declarations

on oath furnished under sub-rule (2).

(1) As soon as may be after a complaint or report has been

referred to the Council under the foregoing provisions and unless

the Council is fully satisfied with the written explanation of the

practitioner, the Registrar shall serve on the practitioner a notice of

inquiry which shall specify the charge, and state the day, time and

place at which the inquiry is to be held.

(2) The inquiry shall not be fixed for any date earlier than eight

days after the date of service of the notice of inquiry on the

practitioner.

(3) The Registrar shall cause such service to be effected either

personally on the practitioner, or by the delivery of such notice at

his place of residence.

(4)

A notice of inquiry shall be in the form set out in Form A

contained in the Schedule, with such variations as circumstances

may require.

(5) A copy of these rules shall be sent with any notice of

inquiry.

(6) A copy of the notice of inquiry shall be served on the

complainant or the informer.

The Chairman shall appoint the day and time for the

holding of an inquiry under the Act.

(1) Where before the hearing of an inquiry it appears to the

Chairman, or at any stage of the hearing it appears to the Council,

that a notice of inquiry is defective, the Chairman or the Council, as

the case may be, shall give directions for the amendment of the

notice as may be necessary, unless, having regard to the merits of

the case, the required amendments cannot be made without

injustice.

(2) Where in the opinion of the Chairman or of the Council it is

expedient, in consequence of the exercise by him or it of the

powers conferred by sub-rule (1), that the inquiry should be

postponed or adjourned, the Chairman or the Council, as the case

may be, shall give such directions as appear necessary.

Proceedings before the Council shall be held in public; the

Council may, however, when it considers it necessary or expedient,

order that the proceedings be held in private.

(1) Any member of the Council and the Registrar shall

abstain from taking part in any inquiry or may be challenged in any

of the circumstances in which a judge would abstain or may be

challenged in accordance with the provisions of article 734 of the

Code of Organization and Civil Procedure.

(2) Any such challenge shall be made before the reading out by

the Registrar of the charge to the practitioner, unless the cause of

the challenge arose or came to the knowledge of the party later.

(3) The Council shall decide the objection previously to the

reading of the said charge, or as the case may be, and its decision

shall be final.

(1) Any party to the proceedings before the Council may

be assisted by an advocate or legal procurator. The practitioner may

also be assisted by a member of his profession whose name is also

entered in the appropriate register.

(2) The Chairman shall bring the provisions of these rules to

the notice of any party to the proceedings appearing before the

Council without any such assistance.

The proceedings on the inquiry shall commence with the

reading out by the Registrar of the charge. Thereupon the Chairman

shall put to the practitioner the question whether he admits or

refutes the charge.

(1) If the practitioner admits the charge the Council may,

in its discretion, dispense with the production of witnesses and

proceed to give its decision on that day or on any other day

appointed for the purpose.

(2) If the practitioner refutes the charge the Council shall

proceed with the inquiry.

(3) If the practitioner fails to attend without just cause and the

Council is satisfied that a notice of inquiry was served as required

by these rules, the Council may, if it thinks fit, proceed with the

inquiry even in his absence

Provided that if the practitioner is unable to attend for a just

cause, he may, if he so prefers, request that the inqu iry be

proceeded with and appoint one of the persons mentioned in rule

10(1) to represent him in the proceedings.

The proceedings on an inquiry shall be as follows

(a) Witnesses in support of the charge shall be produced

and examined by the party producing them or in his

absence by the Council and cross-examined by the

practitioner; after which any member of the Council

may put questions as he may deem necessary.

(b) Witnesses in defence shall be heard and in case the

practitioner wishes to give his evidence, he may do so

provided that his evidence shall be given before that of

any witness to be produced by him. Witnesses shall be

examined by the practitioner or by the person by

whom he is assisted or represented and cross-

examined by any other party to the proceedings; after

which any member of the Council may put questions

as he may deem necessary.

(c) When the whole of the evidence has been concluded,

the practitioner may, personally or through the person

by whom he is assisted or represented, address the

Council and make his defence.

(d) The Council shall then give its decision on that day or

on any other day appointed for the purpose.

(e) The Council shall not be debarred at any stage of the

proceedings, until the decision is given, from re-

examining any witness or requesting the production of

any documents.

In all cases where the Council is satisfied that the charge

has not been proved, the Council shall decide accordingly and it

shall record a finding that the charge has not been proved and that

the practitioner is or is not guilty in respect of the matters to which

the charge relates.

(1) The decisions of the Council shall be given in public

and they shall be signed by the Chairman.

(2) The original shall be kept by the Registrar, together with

the complete record of the inquiry.

Where under any of the foregoing provisions of these rules

the inquiry stands postponed to a future meeting, the validity of the

proceedings at that meeting shall not be called into question by

reason only that certain members of the Council who were present

at the former meeting were not present at the later meeting or that

certain members of the Council who were present at the later

meeting were not present at the former meeting.

The Registrar shall serve without delay on the practitioner

a copy of the decision of the Council.

Notice to any person to appear before the Council to give

evidence and/or produce documents shall be in the form set out in

Form B contained in the Schedule.

Every notice referred to in these rules shall be signed by

the Chairman and, saving the provisions of rule 5(3), shall be

served in accordance with the provisions of article 36 of the Act

Provided that any notice issued under rule 18 shall be

served in accordance with the provisions of article 37 of the Act.

It shall be within the authority of the Council during the

proceedings -

(a) to maintain good order, and

(b) to regulate the discussion.

The members of the Council and the Registrar shall not

divulge anything discussed by the Council in the course of an

inquiry.

Subject as otherwise expressly provided, the Council shall

regulate its own procedure.