COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO MEDICINE (STANDING ORDERS) REGULATIONS

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)

SUBSIDIARY LEGISLATION 464.10

COUNCIL FOR THE PROFESSIONS

COMPLEMENTARY TO MEDICINE

(STANDING ORDERS) REGULATIONS

12th December, 2006

LEGAL NOTICE 314 of 2006, as amended by Legal Notices 219 of 2022

and 154 of 2023.

PART I

TITLE AND INTERPRETATION

The title of these regulations is the Council for the

Professions Complementary to Medicine (Standing Orders)

Regulations.

(Regulation 39)

FORM - EUROPEAN UNION LIST

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO MEDICINE -

MALTA

The ........................ Register

Title to

Date of

Registration

Original Number

Surname

Name

Address

of Registration

Registration and Additional

Qualifications

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY

TO MEDICINE (STA ND ING ORDERS)

In these regulations, unless the context otherwise requires

"the Act" means the Health Care Professions Act;

"the Council" means the Council for the Professions

Complementary to Medicine.

PART II

RECORDS OF APPOINTMENT OR ELECTION OF MEMBERS

(Regulation 39)

FORM - NON EUROPEAN UNION LIST

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO MEDICINE -

MALTA

The ......................... Register

Title to

Duration of

Registration

Number of

Surname

Name

Address

Registration

Registration and Additional

Qualifications

From

To

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)

The Registrar of the Council shall keep records showing

the name of every member of th e Council, the date of such

member’s appointment or election, the authority or the profession

by which such member has been appointed or elected, the provision

of law in accordance with which such member has been elected or

appointed, such member ’s term of office and the date of such

member’s retirement, resignation or death.

(Regulation 39)

FORM OF TEMPORARY LIST FOR EUROPEAN UNION CITIZENS

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO MEDICINE -

MALTA

The ....................... Register

Date of

Title to

Surname

Name

Address

Temporary

Expiry date

Registration

Registration

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY

TO MEDICINE (STA ND ING ORDERS)

On the resignation, 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 article 6(8) of the First Schedule

of the Act and the Council for the Professions Complementary to

Medicine (Elections) Regulations.

PART III

PROCEEDINGS OF COUNCIL

(Regulation 41)

FORM OF APPLICATION FOR REGISTRATION IN THE REGISTER OF THE

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO MEDICINE -

MALTA

Application for Registration in the .................................................. Register

I apply to be registered under article 28 of the Health Care Professions Act.

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

(Give full name in capital letters, surname underline)

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

(day, month, year)

Nationality ........................................... I.D. No./Passport No. ..............................

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

The address* to which my certificate of Registration should be sent is

Tel. No. and, or Mobile No. ................................... E-mail ...................................

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

Date on which conferred .......................................................................................

University or entity by which granted ....................................................................

I declare that I am/am not registered in another Health Care Profession Register

(Malta).

If yes indicate which Register ..................................................

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

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

The applicant authorizes the Council to make use of the data in accordance to the

Data Protection Act (Cap. 586).

The Council reserves the right to refuse to give details of the registered persons in

its discretion, which discretion cannot be unreasonable withheld.

*Give these addresses in full.

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)

The Council shall hold monthly meetings as specified in

article 6(14) of the First Schedule of 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 five 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.

Amended by

L.N. 219 of 2022.

(Regulation 41)

Substituted by

L.N. 154 of 2023.

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.

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY

TO MEDICINE (STA ND ING ORDERS)

All correspondence shall be received and interviews shall be carried out in the Maltese

or English language.

All meetings of the Council shall be convened by the

Registrar, by notice addressed to each member.

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY

TO MEDICINE (STA ND ING ORDERS)

(Regulation 43)

FORM OF CERTIFICATE OF REGISTRATION

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO MEDICINE -

MALTA

CERTIFICATE OF REGISTRATION IN THE ......................... REGISTER

(EUROPEAN UNION LIST)

Number: .................................

Date: .................................

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

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

specified below

Title to Registration

Date of

Registration

Name

Address

and Additional

Number

Registration

Qualifications

Seal

Council for the Professions Complementary to Medicine - Malta

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)

The notice shall state the hour and place of the meeting and

its purpose, whether for general business or for any special

business; together with such notice there shall be sent a copy of the

minutes of the previous meeting.

(Regulation 43)

FORM OF CERTIFICATE OF REGISTRATION

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY TO MEDICINE -

MALTA

CERTIFICATE OF REGISTRATION IN THE .................... REGISTER

(NON-EUROPEAN UNION LIST)

Number: .................................

Date: .................................

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

Non-European Union List of the ................................... Register in respect of the

name specified below

Title to Registration

Date of

Registration

Name

Address

and Additional

Number

Registration

Qualifications

Seal

Council for the Professions Complementary to Medicine - Malta

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 urgency, to be decided by the President, when

two working days’ notice shall suffice.

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

meeting must be received by the Registrar at least eight days

beforehand.

In the absence of the President from any meeting of the

Council, a Chairperson for that meeting shall be elected by the

members present.

The decision of the Council shall be by a majority of votes.

The President of the Council, in the case of an equal division of

votes is entitled for the casting vote in accordance with the

provisions of article 6(3) of the First Schedule of the Act. When the

President is absent from a meeting, the Chairperson elected for that

meeting shall have an original vote and, in the case of an equal

division of votes, also a casting vote.

No business shall be transacted by the Council unless a

quorum of seven is present.

The order of business at each regular meeting shall be as

follows

(a)

(i)

reading, amendment, confirmation and signature

by the President of the minutes of the previous

meeting;

(ii) business arising out of the minutes;

(b) correspondence;

(c) matters for discussion;

(d) reports of sub-committees; and

(e) other matters.

The regular order of business may be varied or suspended

at any meeting at the discretion of the President.

Except by permission of the majority of 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 put in writing. All formal

amendments shall be highlighted 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.

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)

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 is proposed, it shall be disposed of before

any other amendment is moved.

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

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

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

other amendments, until no further amendment is proposed.

Should every amendment be negatived, the original motion

shall then be put to the vote.

If any amendment is carried, it shall then be regarded as a

substantive motion and so treated, as to a further amendment with

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 prejudicial 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 does now proceed to

vote on the amendment";

(iv) the prejudicial 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

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY

TO MEDICINE (STA ND ING ORDERS)

made sine die.

If the proposal for the adjournment of the debate is 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 being

made and seconded, it shall be competent for the President 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

secret voting 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 three months from the date of the

decision in question unless the Council unanimously decides

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 reason for the decision

should, however, be recorded.

The President 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 shall declare that

the minutes are confirmed.

The Council may appoint as it deems necessary special

sub-committees and standing sub-committees to submit

recommendations to the Council regarding the matters referred to

them by the Council. Such sub-committees shall submit their

recommendations in writing to the President of the Council stating

the reasons for their recommendations.

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)

All proceedings of the Council and of its sub-committees

shall be regarded as confidential. The Council, however, may issue

statements and directives, as it considers appropriate from time to

time.

PART IV

REGISTERS AND REGISTRATION

Separate registers shall be kept for the registration of -

(a) Acupuncture

(b) Chiropractic

(c) Clinical Perfusion

(d) Dental Hygiene

(e) Dental Technology

(f)

Dietetics

(g) Environmental Health

(h) Medical Laboratory Science

(i)

Nutrition

(j)

Occupational Therapy

(k) Optometry

(l)

Orthoptics

(m) Osteopathy

(n) Physiotherapy

(o) Podiatry

(p) Psychotherapy

(q) Radiography

(r) Speech Language Pathology.

(a) The list for European Union citizens 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 and showing a consecutive

number.

(b) The list for Non-European Union citizens shall be in

accordance with the form shown in the Second

Schedule and shall state in respect of each person the

particulars referred to in that Schedule and showing a

consecutive number.

(c) A temporary list will be set up for any European Union

citizen who has obtained qualification but has not yet

been confirmed with the relevant document. Such

register shall be in accordance with the form shown in

the Third Schedule and shall state in respect of each

person the particulars referred to in that Schedule.

As from 21st November 2003 any new health care

professional registered with the Council will be classified under

(a) European Union List;

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY

TO MEDICINE (STA ND ING ORDERS)

(b) Non European Union List; and

(c) Temporary List for European Union citizens.

All previous health care professionals will retain previous

registration list i.e. -

(a) Principal List;

(b) Commonwealth List; and

(c) Foreign List.

An application for registration in any of the registers shall

be made to the Registrar in accordance to the form shown in the

F o u r t h S c h e d u l e . M o r e o v e r, t h e ap p l i c a n t i s t o s u b m i t t h e

documents mentioned in the list of requirements as shown in the in

the Fifth Schedule

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.

(1) The Registrar shall in the first meeting after the receipt

of a valid application, lay before the Council all applications for

registration in any of the registers.

(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 registers, such

person shall be given a certificate of registration in accordance with

the form shown in the Sixth or Seventh Schedule accordingly.

The entries made in any European Union lists shall be

permanent, subject to the provisions of regulations 45, 47 and 50.

Every person so registered shall, however, be bound to notify the

Registrar without delay of any change affecting such entry in any

of the registers.

Subject to the provisions of regulation 46, when a

registered person whose name is entered in any of the registers

applies to the Registrar to have an alteration made in his or her

registered name or registered address, or to have any registrable

qualification possessed by him or her entered in the register in the

substitution for or in addition to a qualification already registered,

the Council shall, on being satisfied that all the requirements of

these regulations have been complied with, cause to be entered in

the appropriate register the alteration or addition so notified.

When a person whose name is entered in any of the

registers applies to have an alteration made in such registered

name, such person shall produce in support of the application, such

certificates or other documentary evidence as the Council may

consider requisite.

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)

On the insertion in the appropriate register of an alteration

in the name of a person who is registered in any register, the

Registrar shall retain in the register such person’s name as already

registered

Provided that if the person requests that his or her former

name be omitted from the register, such request may be complied

with after that name and the new name have appeared together in

one issue of the register.

(1) Each of the registers kept by the Council shall be

published every three years or, if the Council so determines, after a

shorter interval.

(2) Each of such registers shall show the names and surnames,

in alphabetical order of surnames, with the addresses,

qualifications and other particulars of all persons appearing therein

as existing on the first day of January of the year of publication.

Subject to any directions which may be given by the

Council, letters shall be sent by the Registrar, to all persons whose

names appear in the registers, for the purpose of keeping the

registers correct.

(1) If any person whose name is registered in any register

applies to the Council for the removal of his or her name from any

of the registers, the application shall be in the form of a declaration

signed by such person specifying the ground or grounds on which

the application is made and stating that the applicant is not aware of

any proceedings or of any reason for the institution of any

proceedings which might result in rendering such person liable -

(a) to have his or her name erased from that register by

direction of the Council under article 32, article 35 or

article 38 of the Act; or

(b) to have withdrawn from such person any registrable

qualification which such person holds.

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

may, if they think 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) After considering the application, the Council may, if they

think fit, by resolution put forward by the President, direct the

Registrar to remove, and the Registrar shall thereupon remove the

name of the applicant from the register.

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

forthwith be notified by the Registrar to the applicant by registered

letter addressed to his registered or last known address.

Unless the Council shall otherwise direct, the Registrar

shall not restore to the register any name which has been removed

under regulation 50, unless the person whose name has been so

removed applies in writing for the restoration of his name to the

register, saving the provisions of article 34 of the Act.

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

COUNCIL FOR THE PROFESSIONS COMPLEMENTARY

TO MEDICINE (STA ND ING ORDERS)

bearing the inscription "COUNCIL FOR THE PROFESSIONS

COMPLEMENTARY TO MEDICINE - MALTA".

(2)

he seal shall be kept in the custody of the Registrar.

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

authorized in writing by the President of the Council, shall be

authorized 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.

COUNCIL FOR THE PROFESSIONS COMP LEMENTARY

TO MEDICINE (STAND ING ORDERS)