On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 31/07/2004.
PART VIII
GENERAL
60.
—(1) All fees, penalties and other moneys payable under this Act shall be paid to the Medical Council and any fee, penalty or other moneys not paid may be recoverable by the Medical Council as a debt due to the Medical Council.
(2) All moneys received by the Medical Council or the Registrar shall be paid into the funds of the Medical Council.
(3) The costs and expenses of and incidental to the performance of the functions of the Medical Council, the Complaints Committees, the Disciplinary Committees, the Health Committee and any other committee appointed by the Medical Council under this Act shall be paid by the Medical Council out of its funds.
(4) The Minister may pay into the funds of the Medical Council such sum of money out of moneys to be provided by Parliament as the Minister may determine.
(5) The Medical Council shall keep full and proper accounts of all moneys received and expended by it and the accounts shall be audited by an auditor or auditors approved by the Minister.
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61.
—(1) For the purposes of advising the Medical Council, the Complaints Committees, the Disciplinary Committees, the Health Committee and the Interim Orders Committees in proceedings before any of them under the provisions of this Act, the Medical Council may appoint an assessor to the Medical Council who shall be an advocate and solicitor of not less than 10 years standing .
[46/2002]
(2) Any assessor appointed under this section shall not participate or sit in any deliberations of the Medical Council, the Complaints Committees, the Disciplinary Committees, the Health Committee and the Interim Orders Committees unless invited to do so, and his participation shall be limited only to questions of law arising from the proceedings.
[46/2002]
(3) The Medical Council may pay to persons appointed to act as assessors such remuneration, to be paid as part of the expenses of the Medical Council, as the Medical Council may determine.
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62. Any person who —
(a)
procures or attempts to procure registration or a certificate of registration as a medical practitioner or a practising certificate under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise;
(b)
wilfully makes or causes to be made any false entry in any register maintained under this Act;
(c)
forges or alters any certificate of registration as a medical practitioner or any practising certificate issued under this Act;
(d)
fraudulently or dishonestly uses as genuine any certificate of registration as a medical practitioner or any practising certificate which he knows or has reason to believe is forged or altered; or
(e)
buys, sells or fraudulently obtains a certificate of registration as a medical practitioner or any practising certificate issued under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
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63.
—(1) No registered medical practitioner whose registration in the appropriate register is suspended under Part VII shall practise medicine or act as a medical practitioner during his suspension.
[46/2002]
(2) Any registered medical practitioner who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
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64.
—(1) No registered medical practitioner shall —
(a)
use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by him for the practice of medicine any qualification other than the qualifications which are entered in any register kept under this Act or which has been approved by the Medical Council; or
(b)
use any title, addition or designation other than the title, addition or designation which has been approved by the Medical Council.
(2) Any registered medical practitioner who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.
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65.
—(1) A registered medical practitioner who is not registered under section 22 as a specialist in a branch of medicine shall not —
(a)
practise medicine or that branch of medicine under the style or title of a specialist in that branch of medicine, or under any name, title, addition or description implying that he is such a specialist or has any degree, qualification or experience in that branch of medicine; or
(b)
advertise or hold himself out as a specialist in that branch of medicine.
[46/2002]
(2) A registered medical practitioner who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.
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[46/2002]
66. All ships’ surgeons while in discharge of their duties relating to the treatment of cabin crew and passengers on board shall be —
(a)
exempted from registration and from compliance with section 13 relating to practising certificate; and
(b)
entitled to all the privileges of registered medical practitioners under this Act.
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Duty of medical practitioner to inform Medical Council of medical practitioners who are unfit to practise
67.
—(1) A registered medical practitioner who treats or attends to another registered medical practitioner who is, in the opinion of the medical practitioner treating or attending to him, unfit to practise as a medical practitioner by reason of his mental or physical condition shall inform the Medical Council accordingly.
(2) Any registered medical practitioner who fails to comply with subsection (1) may be subject to disciplinary proceedings under this Act.
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68. No action or proceedings shall lie against the Medical Council, a Complaints Committee, a Disciplinary Committee, the Health Committee or any other committee appointed by the Medical Council or any member or employee thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.
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69. A Magistrate’s Court or a District Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of the offence.
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[28/2000]
70.
—(1) Subject to the provisions of this Act, the Medical Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration thereof.
(2) Without prejudice to the generality of subsection (1), the Medical Council may, with the approval of the Minister, make regulations —
(a)
prescribing the time, place and procedure for the election of members of the Medical Council;
(b)
regulating the grant and renewal of practising certificates, including prescribing conditions for such grant and renewal;
(c)
regulating the registration of medical practitioners;
(d)
prescribing the procedure of any committee appointed by the Medical Council under this Act and the conduct of any proceedings by such committee;
(e)
enabling a Disciplinary Committee, the Health Committee and an Interim Orders Committee to order and give discovery and inspection of documents for the purpose of any proceedings before them;
(f)
regulating the professional practice, etiquette, conduct and discipline of registered medical practitioners;
(g)
prescribing the forms necessary for the administration of this Act;
(h)
regulating the removal and restoration of names in any register kept under this Act;
(i)
prescribing the duties and functions of the assessor to the Medical Council;
(j)
prescribing the fees including, in the case of a practising certificate under this Act, a late application fee for late applications and other charges for the purposes of this Act;
(k)
prescribing the penalties for failure to comply with the provisions of this Act; and
(l)
generally providing for such other matters as may be necessary or expedient for carrying out the provisions of this Act.
[46/2002]
(3) Regulations made under this Act may make different provision for different classes of persons and different circumstances.
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71. The Minister may, after consultation with the Medical Council, by order amend the Schedule.
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