MEDICAL COUNCIL (STANDING ORDERS) REGULATIONS

MEDICAL COUNCIL (STANDING ORDERS)

SUBSIDIARY LEGISLATION 464.19

MEDICAL COUNCIL (STANDING ORDERS)

REGULATIONS

29th December, 2009

LEGAL NOTICE 375 of 2009, as amended by Legal Notice 426 of 2012.

The title of these regulations is the Medical Council

(Standing Orders) Regulations.

(Standing Order 38)

FORM OF REGISTERS

MEDICAL COUNCIL - MALTA

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

Title to

Original

Date of

Registration and

Number of

Name

Address

registration

Additional

Registration

Qualification

MEDICAL COUNCIL (STANDING ORDERS)

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 Professions 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 qualifications (s) ..................................................

Date on which 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.

MEDICAL COUNCIL (STANDING ORDERS)

The Registrar shall keep records showing the name 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

DATE OF

REGISTRATION

NAME

ADDRESS

QUALIFICATIONS

REGISTRATION

NUMBER

Seal

REGISTRAR

Medical Council - Malta

MEDICAL COUNCIL (STANDING ORDERS)

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.

(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

NAME AS

DATE OF

QUALIFICA-

PREVIOUSLY

NOW

ADDRESS

REGISTRATION

TIONS

IN REGISTER

REGISTERED

Seal

REGISTRAR

Medical Council - Malta

MEDICAL COUNCIL (STANDING ORDERS)

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.

Amended by

L.N. 426 of 2012.

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 a legally valid identification document).

(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

MEDICAL COUNCIL (STANDING ORDERS)

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)

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

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)

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.

If the professional experience does not compensate for the lack of

MEDICAL COUNCIL (STANDING ORDERS)

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.

MEDICAL COUNCIL (STANDING ORDERS)

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

PERIOD

OF

REGIST-

DATE OF

VALIDITY

QUALIFI-

RATION

NAME

ADDRESS

REGIST-

OF

CATIONS

NUMBER

RATION

REGIST-

RATION

Seal

REGISTRAR

Medical Council - Malta

* Delete whichever is not applicable

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

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

MEDICAL COUNCIL (STANDING ORDERS)

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 motion

shall then be put to the vote.

If any amendment be carried, it shall then be regarded 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

MEDICAL COUNCIL (STANDING ORDERS)

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 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.

MEDICAL COUNCIL (STANDING ORDERS)

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 article 11(1)(a) 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.

MEDICAL COUNCIL (STANDING ORDERS)

(2)

Without prejudice to the provisions of article 11(1) 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 article 7(2) 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 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 a

registered practitioner applies according to the form in the 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 add ition to a qualification already

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

requirements of these Standing Orders have been complied with,

MEDICAL COUNCIL (STANDING ORDERS)

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

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

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

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

MEDICAL COUNCIL (STANDING ORDERS)

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

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

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

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.

MEDICAL COUNCIL (STANDING ORDERS)