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Medical Registration Act

TONGA

MEDICAL REGISTRATION ACT

CHAPTER 75

SECTION

1. Short title.
2. Register to be kept. Unregistered person may not practise.
3. Registration of qualified practitioners. Apothecaries may not prescribe nor perform operations.
4. Examination of persons wishing to become apothecaries or midwives.
5. Certificate of registration to be issued by Director of Health.
6. Registration of unqualified practitioners.
7. Cabinet may impose conditions.
8. Certificate to state conditions imposed.
9. Penalty for breach of conditions.
10. Registration of unqualified practitioner may be revoked.
11. List of registered practitioners to be published annually.
12. Removal of name from register on conviction for crime.
13. Penalty for obtaining registration by fraud, etc.
14. Removal of name from register on death.
15. Proceedings for penalties.
16. Burden of proof in regard to registration.

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Acts Nos. 12 of 1918, 18 of 1984, 17 of 1986, 46 of 1988

AN ACT TO REGULATE THE REGISTRATION OF MEDICAL PRACTITIONERS, DENTISTS, APOTHECARIES AND MIDWIVES

Commencement: [31st September, 1918]

Short title

1. This Act may be cited as The Medical Registration Act.

Register to be kept.
Unregistered person may not practise.

2. The Director of Health shall keep a register wherein shall be recorded the names of all persons qualified to practise medicine or surgery or dentistry or to practise as pharmaceutists or apothecaries or midwives in the Kingdom and it shall not be lawful for any person unless so registered under this Act to practise for fees as or to pretend to be or to take or use the name or title of a physician, doctor of medicine, licentiate in medicine or surgery master in surgery, bachelor of medicine, doctor, surgeon, medical or general practitioner, dentist or surgeon dentist or apothecary or pharmaceutist or surgeon apothecary or accoucheur or licentiate or practitioner in midwifery or midwife or any other medical or surgical name or title or append any letters or symbols or description to his name when written or printed indicative of any such qualification or title. And every person so offending shall upon conviction be liable to a penalty not exceeding $100 and in default of payment to imprisonment for any term not exceeding 3 months.

Registration of qualified practitioners.

3. Any person holding a diploma or certificate entitling him to practise in any of the capacities aforesaid in the United Kingdom or as a dentist or surgeon dentist or midwife in any country, colony or state mentioned in the Schedule to this Act or in any other country, colony or state which the Cabinet may from time to time order to be added to such Schedule or holding a certificate or diploma as being a doctor or bachelor of medicine or master of surgery of some duly recognized British, Colonial or American University shall upon satisfying the Director of Health of his identity with the person named in such certificate or diploma be entitled to be registered as a duly qualified practitioner in any of the respective capacities aforesaid:

Apothecaries may not prescribe nor perform operations.

Provided always that any apothecary or pharmaceutist who not being a registered medical practitioner or surgeon shall prescribe medicine or perform any surgical operation shall upon conviction be liable to a penalty not exceeding $20 and in default of payment to imprisonment for any term not exceeding one month.

Examination of persons wishing to become apothecaries or midwives.

4. The Director of Health may upon any person passing an examination to his satisfaction and paying a fee of $10 register such person as an apothecary or pharmaceutist under this Act and may at his discretion upon any person passing an examination in midwifery to his satisfaction and paying a fee of $2 register such person under this Act as a midwife and any such fees shall be paid into the Treasury for the general use of the Kingdom.

Certificate of registration to be issued by Director of Health.

5. There shall be issued to any person registered under this Act a certificate under the hand of the Director of Health stating the date of such person's being registered and the capacity in which he is registered and upon proof of the signature of the Director of Health to any such certificate the same shall be admitted in any Court or proceeding as evidence of the facts therein stated and of the person's qualification whose name appears therein.

Registration of unqualified practitioners.

6. It shall be lawful for the Director of Health with the consent of the Cabinet to register under this Act as an unqualified practitioner of medicine, surgery or dentistry any applicant for registration although not possessing any of the qualifications enumerated in section 3 of this Act:

Provided always that it is shown to the satisfaction of the Director of Health that such applicant is possessed of skill in medicine, surgery or dentistry and that it is desirable in the interest of any district of the Kingdom that such applicant shall be authorized to practise medicine, surgery or dentistry in such district.

Cabinet may impose conditions.

7. The Cabinet in sanctioning the registration of any person as an unqualified practitioner may impose in connection therewith such conditions as it deems fit in reference to the practise of medicine or surgery by such person.

Certificate to state conditions imposed.

8. The certificate to be issued by the Director of Health to any person registered as an unqualified practitioner shall authorize such person to practise medicine, surgery or dentistry or both medicine and surgery subject to such conditions (if any) as have been imposed by the Cabinet and such conditions shall be specified in such certificate.

Penalty for breach of conditions.

9. Any person registered as an unqualified practitioner who shall practise medicine or surgery in any manner contrary to the provisions of the certificate issued to such person shall be liable on conviction to a penalty not exceeding $40 and in default of payment to imprisonment for any term not exceeding 2 months.

Registration of unqualified practitioner may be revoked.

10. The registration of any unqualified practitioner may at any time be revoked or the provisions of the certificate issued to any such practitioner may be amended or altered by the Director of Health under the direction of the Cabinet.

List of registered practitioners to be published annually.

11. (1) There shall be published annually in the Gazette a list of the persons registered under this Act.

(2) The list shall state the capacity in which such persons are authorized to practise and shall state in regard to persons registered as unqualified practitioners the limitations and conditions imposed upon the practice of such persons.

Removal of name from register on conviction for crime.

12. If any person registered under this Act has been convicted of any felony or misdemeanour or if any person registered as a midwife has been guilty of misconduct it shall be lawful for the Cabinet to direct the Director of Health to remove the name of such person from the register.

Any certificate granted to any person under this Act shall become void on the removal of the name of such person from the register.

Penalty for obtaining registration by fraud, etc.

13. If any person shall cause or procure his name to be inserted in the register by fraud or misrepresentation the Director of Health may strike the name of such person off the register and any person so offending shall likewise upon conviction be liable to a penalty not exceeding $200 and in default of payment to imprisonment for any term not exceeding 3 months.

Removal of name from register on death.

14. The Director of Health shall upon the death of any person registered under this Act erase the name of such deceased person from the register.

Proceedings for penalties.

15. Every penalty prescribed by this Act shall be recoverable in a summary manner before a magistrate at the suit of the Attorney-General. (Amended by Act 46 of 1988.)

Burden of proof in regard to registration.

16. In any proceedings for an offence against this Act in which it is necessary to prove that any person is not registered under this Act such person shall be deemed not to be registered until the contrary is proved.

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THE SCHEDULE

(Section 3)

Australia, Canada, New Zealand, the United Kingdom, the United States of America.

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