DISCIPLINARY PROCEEDINGS REGULATIONS

SUBSIDIARY LEGISLATION 464.20

DISCIPLINARY PROCEEDINGS REGULATIONS

17th October, 2025

LEGAL NOTICE 248 of 2025, as amended by Legal Notice 49 of 2026.

The title of these regulations is the Disciplinary

Proceedings Regulations.

(regulations 12 and 25)

FORM A

Disciplinary Committee

Notice of Disciplinary Proceedings before the Disciplinary

Committee

To ..................................... (date)

I hereby give you notice that the [name of relevant Council] has

filed disciplinary proceedings against you before this Disciplinary

Committee for it to consider and decide on the charge[s] brought

against you.

Together with this Notice, you are being served with the

application of the relevant Council and with all accompanying

documents and evidence.

Therefore you are accordingly being granted thirty (30) days to

reply in writing to the allegations brought against you and to submit

supporting documents and evidence in your defence.

Be advised that you may be assisted by an advocate or legal

procurator or other health care professional of your choice both for the

purposes of your reply to the allegations brought against you and in

any proceedings brought against you before the Disciplinary

Committee.

You are being warned that should you not file a reply in time

without any reasonable explanation, the Disciplinary Committee may

proceed to hear the case and decide the case in your absence.

Following receipt of your reply or the lapse of the above

mentioned thirty (30) days, the Disciplinary Committee shall appoint a

first sitting of the disciplinary proceedings and inform you of the date

thereof.

Chairperson

Disciplinary Committee

FORM B

Disciplinary Committee

Notice to a person to give evidence and, or to bring documents

or other material.

To ....................................... (date)

You are hereby required to attend before the Disciplinary

Committee on the..................... of ................. 20 ............ at ...............

at .................... and in the same manner on any other day for which the

sitting is adjourned, to give evidence and, or to bring the following

documents ........................................... in the matter forming the

subject of disciplinary proceedings against ................................. .

You are hereby being warned that should you fail to attend as

hereby required, you are liable to the penalties established in

accordance with article 997 of the Code of Organization and Civil

Procedure (Cap. 12).

Chairperson

Disciplinary Committee

DISCIPLINARY PROCEEDINGS

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Health Care Professions Act;

"aggrieved party" means any person who feels aggrieved

by the conduct of the health care professional and includes a

patient or a client;

"Chairperson" means the Chairperson of the Disciplinary

Committee appointed in accordance with the provisions of

regulation 3(1)(a);

"charge" means a charge formulated by the relevant

Council to describe any reason for the taking of disciplinary

action against a health care professional as established in the

Act and in these regulations;

"committee member" means a health care professional

registered with the relevant Council in accordance with the

provisions of the Act, and who shall be appointed to sit on the

Disciplinary Committee in accordance with regulation 4;

"complaint" means a complaint to the relevant Council

made in accordance with the provisions of the Act or of these

regulations;

"complainant" includes any person making a complaint

to a relevant Council even where such person is not the

aggrieved party;

"Disciplinary Committee" means the disciplinary

committee established in accordance with regulation 3;

"health care professional" shall have the same meaning

as assigned to it in the Act;

"immediate family" means any spouse and married or

unmarried children, as well as other family members up to the

first degree, whether living in the same household or otherwise

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and persons having legal custody of a minor;

"interim measures" shall have the same meaning as

assigned to it in the Act;

"member" means any person whose name is found listed

in one of the Registers held by the relevant Council and whose

practice is regulated by the relevant Council in accordance with

the provisions of the Act;

"Minister" means the Minister responsible for health;

"personal data" shall have the same meaning as assigned

to it in Article 4(1) of Regulation (EU) 2016/679 of the

European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of

personal data and on the free movement of such data, and

repealing Directive 95/46/EC (General Data Protection

Regulation);

"permanent register" means any register held by the

relevant Council which includes health care professionals who

are permanently registered with the said Council and excludes

any temporary register;

"President" means the President of the relevant Council

appointed in accordance with the First Schedule to the Act;

"professional and ethical standards" shall have the same

meaning as assigned to it in the Act;

"professional secret" or "secret" shall have the same

meaning as assigned to it in the Professional Secrecy Act;

"Register" means any Register kept by the relevant

Council in accordance with the provisions of the Act;

"Registrar" means the Registrar of the relevant Council

appointed in accordance with the First Schedule to the Act; and

"relevant Council" shall have the same meaning as

assigned to it in the Act and, for the purposes of these

regulations, it is that Council which regulates, at the time of the

alleged incident, the health care professional against whom the

proceedings are being taken.

(2)

Unless otherwise stated or the context otherwise

requires, words and phrases used in these regulations that are not

defined in this regulation shall have the same meaning as assigned to

them in the Act.

(1)

Each relevant Council shall have a committee

known as the Disciplinary Committee. Each Disciplinary Committee

shall consist of the following members appointed by the Minister and

who shall be natural persons

(a)

a Chairperson appointed by the Minister from

amongst legal practitioners duly warranted to practice law in

Malta having at least twelve (12) years experience practicing as

an advocate. The said Chairperson shall preside as chairperson

over each Disciplinary Committee of all relevant Councils; and

(b)

two (2) committee members appointed from the

appropriate permanent register in accordance with regulation 4

and who have been listed, for at least a period of five (5) years

prior to such appointment, in a permanent register

corresponding to the profession of the person charged and

when this is not possible, from an alternative permanent register

held by the relevant Council of the person charged.

(2)

The secretary to the Disciplinary Committee shall be

appointed by the President for a term of six (6) years which may

renewed for a further term of three (3) years.

(3)

An Acting Chairperson shall also be appointed by the

Minister from amongst legal practitioners duly warranted to practice

law in Malta having at least twelve (12) years experience practicing as

an advocate, to act in the stead of the Chairperson in the event of a

vacancy in the role of the Chairperson or during the Chairperson’s

tenure in the event that the Chairperson is for any reason unable to

preside over the Disciplinary Committee

Provided that the provisions relating to the Chairperson,

unless otherwise stated, shall apply mutatis mutandis to the Acting

Chairperson.

(4)

Prior to appointing the Chairperson in accordance with

sub-regulation (1), the Minister shall ensure that the Chairperson is fit

and proper to fulfil his duties under these regulations. In doing so, the

Minister shall have regard to his integrity, competence, diligence and

soundness of judgement, and that he does not have any conflict of

interest if the person being considered for the post of Chairperson

would occupy such post.

(5)

The Chairperson and Acting Chairperson of the

Disciplinary Committee shall be appointed for one (1) term of six (6)

years which shall not be renewed after the expiration of their term of

office.

(6)

Other members of the Disciplinary Committee selected

in terms of regulation 4 shall be appointed for the hearing and

determination of an individual case.

(7)

Where for any reason, a vacancy in the office of a

committee member arises or where a committee member is no longer

able to sit on the Disciplinary Committee, another committee member

shall be appointed by the Minister in terms of regulation 4 within one

(1) month of the vacancy arising for the remaining period of the term

of office of the committee member being substituted

Provided that the Disciplinary Committee may continue

to exercise its powers until such date as the substitute committee

member is appointed

Provided further that in the event that a committee

member dies or is removed in accordance with these regulations once

the evidentiary stage of proceedings before the Disciplinary

Committee have been concluded, the Disciplinary Committee may,

when it considers appropriate, elect to have the case heard by the

remaining committee members.

(8)

The committee members shall not be removed from

office unless in the manner provided for in regulation 5.

(1) When following an investigation, the relevant Council

decides to issue a charge against a health care professional in

accordance with regulation 10(8), it shall inform the Minister about

such fact and the Minister shall appoint two (2) members on the

Disciplinary Committee from the same profession of the person

facing the charge or, when this is not possible, in accordance with

sub-regulation (4)

Provided that if the health care professional facing the

charge is pursuing a specialist training programme or is listed in a

specialist register held by the relevant Council in accordance with

the Act, one (1) of those members shall be appointed from the same

specialist register, or when this is no longer possible, from another

specialist register in accordance with sub-regulation (4).

(2)

The Minister shall select the said members in

alphabetical order from the respective specialist register or health care

profession permanent register, as the case may be

Provided that in cases where new proceedings are filed in

terms of regulation 11(1) against health care professionals coming

from the same area of specialisation or health care profession where a

previous appointment was made in terms of sub-regulation (1), the

Minister shall, select as members those persons who are next in line in

accordance with the alphabetical order in the respective register.

(3)

In the case that a health care professional selected in

terms of sub-regulation (2) refuses such appointment for a valid

reason, or is disqualified from such appointment or declares a conflict

in proceedings in terms of regulation 5, the Minister shall proceed to

select the health care professional who is next in line in accordance

with the alphabetical order in the respective register.

(4) When it is no longer possible to select a committee

member from the appropriate register, the Minister shall

(a)

in the appointment of a specialist, continue such

selection in alphabetical order from the register of

specialists of the speciality next in line, as listed in

the Fifth Schedule to the Act;

(b)

in the case of a charge against a professional

appertaining to a profession listed in the Third

Schedule to the Act, continue such selection in

alphabetical order from the register of the

profession next in line, as listed in the Third

Schedule to the Act;

(c)

when paragraphs (a) and (b) do not apply, continue

such selection in alphabetical order from an

alternative permanent register of another profession

regulated by the said Council of the person facing

the charge.

(1)

A person shall not be qualified to be appointed as

or remain a committee member, Chairperson or Acting Chairperson if

he

(a)

is a member of the House or a Local Council, or a

candidate for election to the House or a Local Council;

(b)

is a sitting Judge or Magistrate of the Courts of

Justice;

(c)

is legally incapacitated or interdicted;

(d)

has been declared an undischarged bankrupt or

has made a composition or arrangement with his creditors;

(e)

is subject to disqualification under article 320 of

the Companies Act;

(f)

is a member of the executive council of a trade

union, as defined by the Employment and Industrial Relations

Act;

(g)

is a member of the relevant Council or a member

of the immediate family of the member of the relative Council;

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(h)

has been convicted of a crime affecting public

trust or theft or fraud or of knowingly receiving property

obtained by theft or fraud or has been sentenced to

imprisonment by a court; or

(i)

was subject to disciplinary proceedings before the

Disciplinary Committee, which in its decision determined on a

balance of probability that the allegations against such person

have been totally or partially proven and such decision has

become res judicata at this stage or by means of a definite

judgment by the Court of Appeal (Inferior Jurisdiction) which is

res judicata wherein the Court of Appeal (Inferior Jurisdiction)

confirmed the decision of the Disciplinary Committee that the

allegations have been totally or partially proven.

(2)

Subject to the provisions of this regulation, the office of

Chairperson or committee member shall become vacant

(a)

upon the expiration of his term of office;

(b)

if any circumstances arise that, if he were not

already Chairperson or a committee member, would cause him

to be disqualified from appointment as such; or

(c)

if he is removed from office in accordance with

sub-regulation (3).

(3)

The Chairperson, Acting Chairperson or a committee

member shall only be removed from office by the Minister for any one

or more of the following reasons

(a)

if due to proven infirmity of mind or of body or of

any other cause, is effectively unable to continue to discharge

his duties;

(b)

if it is proven that the behaviour or performance

brings into question the suitability or ability to continue as

Chairperson or a committee member, in particular if that

behaviour affects or may affect his reputation, independence or

autonomy, or the reputation, independence or autonomy of the

Disciplinary Committee;

(c)

if he has been convicted of a criminal offence

affecting public trust, theft or fraud, of knowingly receiving

property obtained by theft or fraud, bribery or of money

laundering, or of any offence against this Act, or if he has been

convicted of an offence punishable by imprisonment for a

period of six (6) months or more;

(d)

if it is proven that he failed to perform his duties

for a prolonged period of time without any valid justification;

(e)

if it is proven that any of the circumstances arise

in which a judge is to abstain or may be challenged in

accordance with the provisions of article 734 of the Code of

Organization and Civil Procedure; or

(f)

if such person was subject to disciplinary

proceedings before the Disciplinary Committee, which decision

determined on a balance of probability that the allegations

against such person have been totally or partially proven and at

this stage the decision became res judicata, or by means of a

definite judgment by the Court of Appeal (Inferior Jurisdiction)

which is res judicata wherein the Court of Appeal (Inferior

Jurisdiction) confirmed the decision of the Disciplinary

Committee that the allegations have been totally or partially

proven.

(4)

The Chairperson, the Acting Chairperson or a committee

member shall be suspended from their post in the Disciplinary

Committee by means of an order of suspension issued by the Minister

if such person is subject to a pending investigation that is being

conducted by the relevant Council, or is subject to disciplinary

proceedings which are pending before the Disciplinary Committee or

to proceedings which are pending in the Court of Appeal (Inferior

Jurisdiction) in accordance with these regulations, as the case may be

Provided that in the case that the relevant Council closes

its investigation and decides not to take any further action against such

person, or by means of a decision of the Disciplinary Committee

determined on a balance of probability which is res judicata such

person is cleared of all charges brought against him, or by means of a

judgment of the Court of Appeal (Inferior Jursidiction) which is res

judicata such person is cleared of all charges brought against him, the

Minister shall revoke the order of suspension and such person shall be

reinstated to his former post within the Disciplinary Committee.

(5)

The Chairperson and committee members shall before

the commencement of any case in the Disciplinary Committee declare

any interest that they may have in the proceedings. Where the

Chairperson declares an interest, he shall be substituted by the Acting

Chairperson and should the Acting Chairperson also declare an

interest in the proceedings, the Minister shall appoint another person

to preside over those proceedings. Where a committee member

declares an interest in the proceedings, the Minister shall appoint

another health care professional in terms of regulation 4(3).

(1)

The Chairperson, the Acting Chairperson and

committee members shall receive such remuneration as the Minister

shall by means of a Government Notice in the Gazette determine

DISCIPLINARY PROCEEDINGS

Provided that such remuneration may not be altered

during the tenure of their appointment.

(2)

The remuneration due to the Chairperson, Acting

Chairperson and committee members shall be paid out of the

Consolidated Fund without the necessity of any further appropriation.

(1)

The Chairperson and each committee member

shall be entitled to one (1) vote.

(2)

Cases shall be decided by the Disciplinary Committee by

majority vote.

(3)

In the exercise of their functions, the Chairperson and the

other committee members shall act impartially and shall not be subject

to the direction or control of any person or authority.

The Disciplinary Committee shall have the following

functions

(a)

to hold disciplinary proceedings and hear a charge

formulated by the relevant Council in accordance with the

provisions of these regulations and submitted to it in

accordance with the provisions of regulation 11;

(b)

to determine upon the request of the relevant

Council if there are grounds for the taking of interim measures

after the commencement of disciplinary proceedings before it;

(c)

to ensure that the hearing of disciplinary

proceedings are carried out in a fair and organised manner and

that the relevant Council and the health care professional are

given an adequate opportunity to produce their evidence and

witnesses and to cross-examine any witness produced by the

either party;

(d)

to ensure that during the course of the disciplinary

proceedings, the provisions of the Act and of these regulations

are observed at all times;

(e)

to ensure that the rights and obligations of the

health care professional are made known to him prior to the

hearing;

(f)

to ensure that in arriving at a decision, the

principles of fairness, justice and proportionality are respected;

(g)

to ensure that the well-being of the aggrieved

party, the reputation and integrity of the health care profession

and professional and ethical standards are safeguarded;

(h)

to perform any other function as may be

prescribed by law in relation to the hearing of disciplinary

proceedings and taking of disciplinary measures.

(1)

No disciplinary proceedings against any health

care professional shall be initiated, followed or taken except in

accordance with the provisions of the Act and these regulations.

(2)

Disciplinary proceedings against a health care

professional may be taken by means of the Disciplinary Committee

and in accordance with the provisions of the Act or of these

regulations.

(1)

The relevant Council shall

carry

out

an

investigation in terms of article 31 of the Act

(a)

on its own motion if it has a reasonable suspicion

of professional misconduct or of an alleged breach of ethical

standards; or

(b)

upon receiving a complaint concerning alleged

professional misconduct or an alleged breach of ethical

standards only when the complaint consists of a reasonable

allegation in writing explaining the reasons for such allegation

and requesting the relevant Council to investigate such

allegation

Provided that where the complaint is made by a

person who is not the aggrieved party, the Registrar of the

relevant Council shall not accept the filing of the complaint

unless the aggrieved party has provided its written authorisation

for the complaint to be submitted by the complainant. In the

case that the aggrieved party is deceased, the lack of such

authorisation by the aggrieved party shall not preclude the

relevant Council from carrying out an investigation in

accordance with the Act

Provided further that when the aggrieved party

lacks the mental capacity in terms of the Mental Health Act,

written authorisation shall be provided by the responsible carer

appointed in terms of the said Mental Health Act or the curator

appointed by Court decree, as the case may be.

(2)

Upon the filing of the complaint, the Registrar shall

obtain the written authorisation of the aggrieved party in respect of the

disclosure of the aggrieved party’s or complainant’s personal data in

terms of sub-regulation (1)(b) as the case may be, for the purposes of

the publication of any eventual decision as provided in regulation

22(1).

(3)

The Registrar shall submit the complaint or any

information submitted to him to the President

Provided that the relevant Council shall not proceed

further unless and until the complaint has been confirmed by means of

a declaration on oath by the complainant. Such declaration shall

(a)

state the address and particulars of the

complainant or the aggrieved party, as the case may be; and

(b)

if any fact declared is not within the personal

knowledge of the declarant, state the grounds for his belief in

the truth of the fact.

(4)

Where the relevant Council decides to investigate on its

own motion as referred to in sub-regulation (1)(a), the Registrar of the

relevant Council shall inform the aggrieved party about the

investigation in his regard and shall obtain his written consent as

provided in sub-regulation (1)(b) in respect of the disclosure of the

aggrieved party’s personal data in the publication of the decision as

provided in regulation 22(1).

(5)

Subject to the provisions of sub-regulation (3), the

President shall direct the Registrar to send a notice in writing to the

health care professional concerned of the receipt of the complaint and

information outlining the substance thereof, or in the event of an

investigation of its own motion, send a notice in writing of the basis

for such an investigation and to invite the health care professional

concerned to submit to the relevant Council, within such date as the

President shall determine, but which in any case shall not be less than

ten (10) working days and not more than twenty (20) working days

from the date of service of this notice, any representations in response

thereto which the health care professional may submit, and any such

explanation shall be made in writing and shall be received by the

Registrar within the period of time granted by the President.

(6)

The relevant Council may, in the conduct of its

investigation and if so required, request the health care professional,

the aggrieved party or the complainant to provide additional

explanations or clarifications within a reasonable period of time

granted by the relevant Council.

(7)

The relevant Council shall conclude its investigation on

the conduct of the health care professional within three (3) months

from receipt of the complaint by the relevant Council or from the date

when the relevant Council decides to conduct an investigation of its

own motion, which period may be extended if the matter so merits or if

the investigation could not be concluded earlier through no fault of the

relevant Council, for a further period of three (3) months, which

investigation shall not exceed a total period of six (6) months from the

date of receipt of a complaint or commencement of an investigation on

its own motion.

(8)

The relevant Council shall conduct the investigation

expeditiously and shall take any one of the following actions following

a decision by simple majority in relation to the matter

(a)

close the investigation and decide to take no

further action; or

(b)

issue a charge against the health care professional

detailing the outcome of the investigation, the alleged

professional misconduct or alleged breach of ethical standards

by the health care professional, and the basis for the issuance of

such charge.

(9)

In the event that the relevant Council decides not to take

further action, the relevant Council may consider that the matter merits

the issuance of a letter of guidance to the health care professional

Provided that if the matter does not merit the issuance of

a letter of guidance, the health care professional shall be informed in

writing, that the relevant Council has decided not to take any further

action

Provided further that in the event that the relevant

Council closes the investigation in accordance with sub-regulation

(8)(a), the relevant Council may reserve the right to re-appoint the

matter to the agenda of the relevant Council should it receive further

information or other similar or ancillary complaints on the conduct of

the health care professional within a period of not less than six (6)

months but not more than one (1) year from the date of the letter of

guidance.

(10) Where the relevant Council closes an investigation that

was initiated on the basis of a complaint under sub-regulation (8)(a),

the relevant Council shall issue a letter rejecting the complaint, which

letter shall contain the reasons for its decision not to uphold the

complaint and which shall be served on the complainant without delay.

(11) When the relevant Council decides to take any one of the

actions in accordance with sub-regulation (8), the relevant Council

shall take into consideration the merits of the case on the following

basis

(a)

the prospect of the case leading to the finding of

actual misconduct;

(b)

the adequate interpretation of the relevant code of

ethics pertaining to the respective relevant Council or parts

thereof;

(c)

the need to protect the public against malpractice

and misconduct on both a professional and ethical basis;

(d)

the need to protect the well-being of patients;

(e)

the need to ensure and protect the reputation of,

and public confidence in the profession;

(f)

the need to protect members from unwarranted or

vexatious allegations; and

(g)

any other matter deemed necessary or relevant to

the case or complaint in question.

(1)

When the relevant Council deems the

representations submitted by the health care professional concerned in

accordance with regulation 10(5) to be insufficient, or if the health

care professional makes no representations, the relevant Council shall

file an application before the Disciplinary Committee requesting the

commencement of disciplinary proceedings against the health care

professional clearly stating the facts established by it, the charge and

the allegations against the health care professional, together with a

request to the Disciplinary Committee to declare professional

misconduct or breach of ethics or unfitness on grounds of infirmity

and to take action in terms of the provisions of the Act and these

regulations.

(2)

Consequent to the relevant Council’s decision, the

Registrar shall inform the complainant and the aggrieved party as the

case may be, of the decision of the relevant Council within thirty (30)

working days from the date of issuance of the charge.

(3)

Upon filing an application in accordance with sub-

regulation (1), the relevant Council shall together with the application,

submit to the Disciplinary Committee the following information and

documents

(a)

the contact details of the health care professional

to whom the charge refers;

(b)

where applicable, a copy of the complaint in

accordance with regulation 10(1)(b), and any declaration of the

complainant in terms of the proviso to regulation 10(3);

(c)

a report on its investigation together with the

charge and all supporting documents that are relevant to the

hearing of the case and which are in the possession of the

relevant Council;

(d)

a list of witnesses to be heard in front of the

Disciplinary Committee, provided that any person assisting the

health care professional concerned may not be called as a witness

in the same disciplinary proceedings;

(e)

any other item that the relevant Council deems

relevant to the hearing of the case.

(1)

The health care professional shall be served with

the application referred to in regulation 11 together with all

accompanying documents and evidence enclosed thereto, together

with Form A of the Schedule.

(2)

The health care professional shall have thirty (30) days

from the date of service of the application and the other documents

indicated in sub-regulation (1) to file a written reply.

(3)

The health care professional shall together with the reply

submit to the Disciplinary Committee

(a)

all supporting documents relevant to the hearing

of the case and which are in his possession;

(b)

a list of witnesses to be produced before the

Disciplinary Committee, provided that any person assisting the

health care professional concerned may not be called as a witness

in the same disciplinary proceedings; and

(c)

any other matter that he deems relevant to the

hearing of the case.

(4)

As soon as possible and after receipt of the reply in

accordance with sub-regulation (2) together with additional

information and documents in accordance with sub-regulation (3), the

written proceedings shall be deemed closed and the Disciplinary

Committee shall serve the reply together with the additional

information and documents on the relevant Council and issue a notice

of hearing to take place on a date and time to be established by the

Disciplinary Committee, which notice shall be served on the parties.

(5)

The Disciplinary Committee shall consider and have due

regard to applicable and relevant laws, the Code of Ethics, rules,

regulations and guidelines, in particular those governing the health

care profession, existing at the time when the alleged facts giving rise

to the complaint occurred.

(6)

Subject to any limitations imposed by the Act or these

regulations, the Disciplinary Committee shall have all the powers to

enable it to perform its functions adequately, including the power to

summon witnesses in accordance with article 568 of the Code of

Organization and Civil Procedure, to appoint experts in accordance

with article 563A of the Code of Organization and Civil Procedure, to

administer oaths in accordance with article 577(3) of the Code of

Organization and Civil Procedure and to issue interlocutory decrees in

accordance with article 221 of the Code of Organization and Civil

Procedure and for these purposes it shall have the powers which are

conferred by law on the First Hall of the Civil Court.

Where before the date of the hearing of the disciplinary

proceedings or at any stage of the hearing either the relevant Council

or the health care professional facing disciplinary proceedings informs

the Disciplinary Committee that there is a justified reason for the

postponement or adjournment of the hearing, the Disciplinary

Committee shall discuss the merits of this reason and decide

accordingly whether to postpone, adjourn or proceed with the hearing

of the case.

Proceedings before the Disciplinary Committee shall be

held in public

Provided that proceedings may be held in camera in

exceptional circumstances as determined by the Disciplinary

Committee when

(a)

following the issuance of a charge against a health

care professional, the complainant and the

aggrieved party submit, within two (2) weeks from

receipt of that notice in accordance with regulation

11(2), a written request to the Disciplinary

Committee for the proceedings to be held in

camera and provide the exceptional reasons to

substantiate such request; or

(b)

in the written reply, the health care professional

who is being charged includes a preliminary

request that the proceedings be held in camera and

provides the exceptional reasons to substantiate

such request. Upon receipt of such request, the

secretary of the Disciplinary Committee shall

inform the complainant and the aggrieved party of

such request and shall provide a period not longer

than two (2) weeks within which the said

complainant and the aggrieved party may indicate

whether they accede or reject such request and

provide the reasons thereto

Provided further that when a request in accordance

with paragraphs (a) or (b) of the first proviso is

made, the Disciplinary Committee shall determine

this matter during the first sitting immediately

before the reading of the charge in accordance with

regulation 16(2).

(1)

Any party to the proceedings before the

Disciplinary Committee may be assisted by an advocate or legal

procurator or other health care professional not subject to any

proceedings before the Disciplinary Committee. The health care

professional concerned may also be assisted by any other member

whose name appears in any Register held by the relevant Council.

(2)

Before the commencement of the proceedings, the

Chairperson shall bring the provisions of this regulation to the

attention of any party to the proceedings appearing before the

Disciplinary Committee without any such assistance.

(1)

The disciplinary proceedings before the

Disciplinary Committee shall commence with the statement of the

Chairperson and in such statement he shall

(a)

state the date, time and place of the hearing;

(b)

state the names of the parties concerned;

(c)

declare the hearing open; and

(d)

inform the parties that the proceedings shall be

recorded for the purposes of transcription.

(2)

The Chairperson shall invite the Registrar or his

representative to read out the charge.

(3)

The Chairperson shall put to the health care professional

concerned the question of whether he admits or refutes the charge.

(4)

The proceedings shall be recorded in writing or by other

means.

(1)

If the health care professional concerned admits

the charge, the Disciplinary Committee shall

(a)

dispense with the production of witnesses and

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

in any case not later than thirty (30) days from the date of the

hearing appointed for the purpose; or

(b)

continue with the hearing of the witnesses and

evidence should it so decide that it shall hear certain evidence

before arriving at a decision on the disciplinary measure.

(2)

If the health care professional concerned refutes the

charge, the Disciplinary Committee shall proceed with the disciplinary

proceedings.

(3)

If the health care professional concerned fails to attend

DISCIPLINARY PROCEEDINGS

the hearing without just cause despite being served with the documents

in accordance with regulation 12(1) and the notice of hearing in

accordance with regulation 12(4), the Disciplinary Committee may, if

it thinks fit, proceed with the disciplinary proceedings even in the

absence of the health care professional

Provided that if the health care professional concerned is

unable to attend for a just cause, he may if he so prefers, request that

the disciplinary proceedings be proceeded with in his absence or in the

presence of his appointed representative.

The disciplinary proceedings shall assume the following

order unless the Disciplinary Committee deems it necessary to proceed

otherwise

(a)

witnesses in support of the allegations shall be

produced and examined by the relevant Council and cross-

examined by the health care professional concerned, thereafter

any committee member shall be at liberty to put questions as he

may deem necessary to the witnesses;

(b)

witnesses in defence, including the health care

professional concerned shall be heard. Such witnesses shall be

examined by the health care professional concerned and cross-

examined by the relevant Council, thereafter any committee

member shall be at liberty to put questions as he may deem

necessary to the witnesses;

(c)

when the evidence has been concluded, the

relevant Council shall be given the opportunity to address the

Disciplinary Committee and make its case on the evidence

provided and subsequently, the health care professional

concerned shall address the said Disciplinary Committee and

make his defence

Provided that the Disciplinary Committee may

direct the parties to submit written submissions to make their

case;

(d)

the Disciplinary Committee shall subsequently

consider the evidence produced and the submissions filed by

both parties to determine whether the case against the health

care professional concerned has, on a balance of probability

(i)

been fully proven;

(ii)

only been partially proven; or

(iii)

been disproved;

(e)

The Disciplinary Committee shall give its

decision on that day or on any other day, but in any case within

not more than one (1) year from the filing of the application by

the relevant Council in accordance with regulation 11 and no

adjournment beyond the said period of one (1) year shall be

permitted except for exceptional reasons to be recorded by the

Disciplinary Committee.

(f)

The Disciplinary Committee shall not be excluded

at any stage of the disciplinary proceedings until the decision is

delivered, from re-hearing any witness or requesting the

production of any additional documents or any additional

information

Provided that the parties shall be given adequate

opportunity to re-examine such witness, any additional

documents or any additional information so produced and to

make their submissions thereon.

(1)

When the Disciplinary Committee determines that

the allegations have been fully or partially proven, the Disciplinary

Committee shall in the said decision, determine the appropriate

disciplinary measure to be applied in accordance with the Act and

these regulations

Provided that such disciplinary measure shall be one that

reflects the principles of proportionality and justice having regard to

the impact on the reputation and integrity of the health care profession

and on the well-being of the aggrieved party.

(2)

In all cases where the Disciplinary Committee is satisfied

that the charge has not been adequately proven or has been disproved,

the Disciplinary Committee shall close all proceedings and clear the

health care professional concerned of all the charges brought against

him.

(3)

The Disciplinary Committee shall decide, by majority

vote and its decision shall be adopted by the relevant Council as a

decision of the said relevant Council in accordance with articles 32, 35

or 38 of the Act as the case may be, and the relevant Council shall not

have any authority to amend, vary or in any way alter such decision.

For the avoidance of any doubt, the relevant Council shall adopt the

decision of the Disciplinary Committee and it shall be deemed to be a

decision taken by the relevant Council.

(1)

The Disciplinary Committee may, during the

course of disciplinary proceedings, and following a request to this

effect by the relevant Council, adopt interim measures in cases of

urgency due to the risk of serious and irreparable harm to the

reputation and integrity of the health care profession, the well-being of

the aggrieved party or public safety generally

Provided that the Disciplinary Committee shall only

adopt interim measures if it is satisfied that prima facie there appears

to have been any of the grounds mentioned in paragraphs (a), (b) and

(c) of article 32(1), article 35 and article 38(1) of the Act.

(2)

The decision of the Disciplinary Committee to adopt

interim measures shall be immediately enforceable upon the taking of

such decision. Such measures shall be without prejudice to any

subsequent decision that may be taken by the Disciplinary Committee.

(3)

Interim measures shall be proportionate and appropriate

and shall apply for a specified period of time which shall be

determined by the Disciplinary Committee

Provided that the duration of the interim measures may

be extended by the Disciplinary Committee in so far as they are

necessary and appropriate.

(4)

The decision of the Disciplinary Committee in

accordance with sub-regulation (1) shall state all the facts established

by it and the reasons on the basis of which it deems that the adoption

of interim measures is required.

(5)

The decision of the Disciplinary Committee in

accordance with sub-regulation (1) or any extension in accordance

with the proviso to sub-regulation (3), shall be served on the person

concerned within two (2) days from the date that the decision is

delivered by the Disciplinary Committee.

(6)

The Registrar of the relevant Council shall within six (6)

days from the date of the adoption of interim measures in accordance

with sub-regulation (1) serve the competent authorities of each

Member State with any such measures and the person concerned may

within six (6) days from date of service of interim measures, file a

request for a reconsideration to the Disciplinary Committee stating

reasons thereof

Provided that when a request for a reconsideration is

made, the Disciplinary Committee shall issue a decision in respect of

such request within ten (10) days from the date of filing of the said

request, which final decision shall be served on the person concerned

in accordance with sub-regulation (5)

Provided further that in such cases, the term to file an

appeal application in accordance with sub-regulation (7) shall

commence to run from date of service of the final decision.

(7)

An appeal from the interim measures imposed by the

Disciplinary Committee in accordance with sub-regulation (1) may be

filed by the person concerned by means of an application filed before

the Court of Appeal (Inferior Jurisdiction) within six (6) days from the

date of service of the decision in accordance with sub-regulation (5)

and the Disciplinary Committee shall reply within six (6) days from

the date of service of such an application.

(8)

A request for reconsideration in accordance with sub-

regulation (6) or an appeal filed in accordance with sub-regulation (7)

shall not have the effect of suspending any interim measures imposed

by the Disciplinary Committee.

(9)

The Court of Appeal (Inferior Jurisdiction) shall decide

on the application in accordance with sub-regulation (7) within the

shortest time possible, but not later than one (1) month from the date

of filing of the reply of the Disciplinary Committee.

(1)

All documentation, evidence, transcripts, records

of the proceedings and the decision of the Disciplinary Committee

shall be duly filed and stored securely by the secretary of the

Disciplinary Committee.

(2)

The Registrar of the relevant Council shall file and store

the records of the disciplinary proceedings in a manner that ensures

their preservation, access and reference by the relevant Council, the

Disciplinary Committee or the general public.

(1)

The decisions of the Disciplinary Committee shall

be given in public and in writing, and they shall be signed by the

Chairperson

Provided that if in accordance with regulation 14, the

Disciplinary Committee determines that proceedings are to be held in

camera, the decisions of the Disciplinary Committee shall also be

given in camera

Provided further that any personal data and other secret

information, the disclosure of which has not been consented to as

provided in regulation 10, shall be anonymised in the decision and

shall not be subject to publication as provided in sub-regulation (3).

(2)

The original version of the decision, together with the

complete record of the disciplinary proceedings before the

Disciplinary Committee, shall be sent to the Registrar immediately

upon the closure by the Disciplinary Committee of the disciplinary

proceedings.

(3)

Subject to the provisions of sub-regulation (1), any

decision of the Disciplinary Committee imposing a disciplinary

measure adopted by the relevant Council in accordance with these

regulations, shall be published on the official website of the relevant

Council without undue delay.

(4)

Where an appeal is filed in accordance with regulation

28, the relevant Council shall without undue delay, publish

information on the appeal, and on the status of the appeal and the

outcome thereof, including information on any decision of the Court of

Appeal (Inferior Jurisdiction) which alters or revokes in whole or in

part that disciplinary measure in question.

Where under any of the foregoing provisions of these

regulations, a meeting of the Disciplinary Committee stands adjourned

to a future date, the validity of the proceedings at that meeting shall

not be called into question for the sole reason that the committee

members who were present at the former meeting were not present at

the following meeting of the Disciplinary Committee.

(1)

The Chairperson shall communicate without delay

the decision of the Disciplinary Committee to the relevant Council

who shall adopt that decision as provided in regulation 19(3).

(2)

The relevant Council shall serve a copy of the decision of

the Disciplinary Committee without delay on the health care

professional.

Notice to any person to appear before the Disciplinary

Committee to testify and, or produce documents shall be in the form

established in Form B listed in the Schedule.

(1)

Every notice referred to in these regulations shall

be signed by the Chairperson and served in accordance with the

provisions of article 36 of the Act.

(2)

Any notice issued under regulation 12 shall be served in

accordance with the provisions of article 37 of the Act.

At no time may the Chairperson and other committee

members of the Disciplinary Committee divulge any deliberations by

the Disciplinary Committee in the course of the proceedings before it.

(1)

There shall be a right of appeal from any decision

of the Disciplinary Committee adopted and implemented by the

relevant Council in accordance with the Act.

(2)

Prior to delivering its final judgement, the Court shall

give the parties concerned the opportunity to specify the confidential

parts containing personal data and secret information which shall be

anonymised in the final judgement or decree

Provided that the final determination in respect of such

anonymisation rests with the Court.

(1)

Where a health care professional is found guilty of

the charges brought against him, the Disciplinary Committee shall

decide on the appropriate disciplinary measure on the basis of the

principles established in regulation 8(f) to ensure proportionality

between the disciplinary measure and the gravity of the misconduct.

(2) Where the Disciplinary Committee in its decision finds that

the health care professional is unfit to continue to practise his profession

on account of some physical or mental infirmity, the relevant Council

shall proceed with erasure of the name of the health care professional

concerned from the register in terms of the provisions of the Act.

(3)

In those cases where the Disciplinary Committee deems

that the professional misconduct or breach of ethical standards is of

minor consequence to the profession, its reputation, the practice or to

the complainant or aggrieved party concerned, as the case may be, the

Disciplinary Committee may

(a)

issue a letter of warning;

(b)

impose an administrative penalty of not less than

one hundred and fifty euro (€150) but not exceeding one

thousand five hundred euro (€1,500);

(c)

declare that in the event that the member is found

guilty of any other breach of professional conduct or ethical

standards by the Disciplinary Committee within the ensuing

year (1), the subsequent breach shall be considered in

conjunction with the former breach in determining the severity

of the disciplinary measure to be taken; or

(d)

apply any combination of the measures referred to

above.

(4)

In those cases where the Disciplinary Committee deems

that the professional misconduct or the breach of ethical standards is of

moderate consequence to the profession, its reputation, the practice or

to the complainant or aggrieved party concerned, as the case may be,

the Disciplinary Committee may

(a)

issue a letter of reprimand;

(b)

impose an administrative penalty of not less than

one thousand five hundred euro (€1,500) but not exceeding

eight thousand euro (€8,000);

(c)

declare that in the event that the member is found

guilty of any other breach of professional conduct or a breach

of ethical standards by the Disciplinary Committee within the

ensuing two (2) years, the subsequent breach shall be

DISCIPLINARY PROCEEDINGS

considered in conjunction with the former breach in

determining the severity of the disciplinary measure to be

taken;

(d)

order the temporary removal of the member from

the Register for a period of not less than one (1) month but not

exceeding eight (8) months in accordance with the provisions of

the Act

Provided that the Disciplinary Committee may

impose conditions on the member for reinstatement to the

Register such as the obligation to successfully undertake

specific training or partake in a continuous professional

development programme during the said period of application

of the disciplinary measure; or

(e)

apply any combination of the measures referred to

above.

(5)

In those cases where the Disciplinary Committee deems

that the professional misconduct or breach of ethical standards is of

grave consequence to the profession, its reputation, the practice or to

the complainant or aggrieved party concerned, as the case may be, the

Disciplinary Committee may

(a)

issue a letter of reprimand and declare that should

the health care professional be found guilty of any other breach

of professional conduct or ethical standards by the Disciplinary

Committee within the ensuing three (3) years, the subsequent

breach shall be considered in conjunction with the former

breach in determining the severity of the disciplinary measure

to be taken;

(b)

impose an administrative penalty of not less than

eight thousand euro (€8,000) but not exceeding twenty

thousand euro (€20,000);

(c)

order the temporary removal of the member from

the Register

Provided that the period of temporary removal

shall be of a minimum of nine (9) months but not exceeding

eighteen (18) months

Provided further that the Disciplinary Committee

may impose conditions on the health care professional for

reinstatement to the Register such as the obligation to

successfully undertake specific training or partake in a

continuous professional development programme during the

said period of application of disciplinary measure;

(d)

order the erasure of the name of the health care

professional from the Register in accordance with the

provisions of the Act; or

(e)

apply any combination of the measures referred to

above.

The payment of any administrative penalty imposed in

accordance with these regulations shall be recoverable as a civil debt

in favour of the Government by the relevant Council and shall

constitute an executive title for all effects and purposes of Title VII of

Part I of Book Second of the Code of Organization and Civil

Procedure.

The provisions of these regulations shall apply only in

respect of acts or omissions committed from the date of the coming into

force of these regulations. Any investigation or disciplinary proceedings

concerning alleged professional misconduct or alleged breach of ethics

arising from alleged acts or omissions committed prior to the date of the

coming into force of these regulations shall continue to be regulated by

the provisions of the Act and of the relative subsidiary legislation

regulating disciplinary proceedings as in force immediately prior to the

date of coming into force of these regulations and the said provisions for

the purposes of the said investigations or disciplinary proceedings shall

be deemed to have remained in force.