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Vanuatu Consolidated Legislation |
Commencement: 14 May 1984
LAWS
OF THE REPUBLIC OF
VANUATU
REVISED
EDITION 1988
CHAPTER 164
Act
5 of 1983ARRANGEMENT OF SECTIONS
SECTION
PART
I
Preliminary
1. Interpretation
PART
II
The Health
Practitioners Board
2. The
Board
3. Proceedings of the
Board
PART
III
Registration of
Health Practitioners
4. Board to maintain
register
5. Qualifications for
registration
6. Certificate of
registration
7. Provisional
registration
8. Cancellation of
registration
9. Visiting doctors
etc.
PART
IV
Professional
Discipline
10. Complaints of
unprofessional
conduct
11. Constitution of
Disciplinary Committee
12. Proceedings
in Disciplinary
Committees
13. Evidence in
Disciplinary proceedings
14. Powers of
Disciplinary Committees
PART
V
Miscellaneous
15. Appeals to the Supreme
Court
16. Chemists etc. not affected
by the Act
17. Traditional medicine
not affected by the
Act
18. Offences
19. Fees
20. Application
of the Act
SCHEDULE: Certificate of Registration
------------------------------------------------
HEALTH PRACTITIONERS
To provide for the setting
up of a Health Practitioners Board, registration of health practitioners and
their professional conduct
and for matters incidental thereto.
PART
I
PRELIMINARY
INTERPRETATION
1. In
this Act, unless the context otherwise requires-
"appointed member" means a member of the Board appointed under section 2(1)(b);
"the Board" means the Health Practitioners Board set up under section 2;
"Disciplinary Committee" means a Committee set up under section 10;
"health practitioner" means a person practicing a health profession; "health profession" means any of the following-
(a) medicine and surgery;
(b) dentistry;
(c) nursing and midwifery;
(d) ancillary medical professions being-
(i) physiotherapy;
(ii) osteopathy;
(iii) radiography;
(iv) medical laboratory technician;
(v) any other ancillary medical profession as the Minister may by Order prescribe;
"Minister" means the Minister for the time being responsible for matters relating to health practitioners and the health profession;
"registered practitioners" means a health practitioner registered under this Act;
"registration" means registration under this Act and "registered" has a corresponding meaning;
"secretary" means the secretary to the Board.
PART
II
THE HEALTH
PRACTITIONERS BOARD
THE
BOARD
2. (1) There shall be a
board to be known as the Health Practitioners Board consisting
of-
(a) the Minister; and
(b) five members appointed by the minister one each to be a registered practitioner in-
(i) medicine;
(ii) surgery;
(iii) dentistry;
(iv) nursing; and
(v) midwifery;
(c) one other member appointed by minister who is not a health practitioner.
(2)
The appointed members shall hold office for a term of 3 years but may be
re-appointed; their appointment may be terminated for
cause by the Minister at
any time.
(3) The Minister or, in
his absence, a person acting in his stead shall be the chairman of the Board and
shall preside at its meetings.
(4)
The appointed members shall serve without remuneration, but may be paid
reasonable travelling and other expenses when engaged
on the business of the
Board.
(5) The Board may, if it
thinks fit so to do, invite any person to take part in its deliberations but
such person shall not have the
right to
vote.
(6) The Minister shall
appoint a public servant to be secretary to the
Board.
PROCEEDINGS
OF THE BOARD
3. (1) The Minister
or, in his absence, a person acting in his stead and four appointed members
shall constitute, a quorum.
(2)
The Board shall meet at such times and places as the Minister or a person acting
in his stead shall direct.
(3) The
decisions of the Board shall be made by a majority of votes of members present
at a meeting; in the event of an equality of
votes the chairman shall have a
second or casting vote.
(4)
Subject to the provisions of this section the Board shall regulate its own
procedure.
PART
III
REGISTRATION OF
HEALTH PRACTITIONERS
BOARD
TO MAINTAIN REGISTER
4. (1) It
shall be the duty of the Board to prepare and maintain a register for and in
respect of each health profession of the names,
addresses, qualifications and
such other particulars as may be prescribed, of all persons who are entitled to
be registered under
this Act and who apply for
registration.
(2) A person
applying for registration shall pay such fee in respect of the application as
the Minister may by Order
prescribe.
QUALIFICATIONS
FOR REGISTRATION
5. (1) A person
shall be entitled to be registered under this Act if he proves to the
satisfaction of the Board-
(a) in the case of an applicant for registration to practise medicine and surgery or dentistry, that he is the holder of a degree or diploma granted by a recognized university, medical school or similar institution and that he is entitled so to practise in the country in which the degree or diploma was granted;
(b) in the case of an applicant for registration to practise any other health profession-
(i) that he has such training, skill and practical experience in that profession as, in the opinion of the Board, are together sufficient to practise that profession; and
(ii) if the Board so requires, that he has successfully completed a recognized training course in that profession.
(2)
The Board may require an applicant for registration to produce such documents or
other evidence relating to his qualifications
for registration as the Board
shall think
fit.
CERTIFICATE
OF REGISTRATION
6. (1) Where a
person is registered he shall, on payment of such fee as the Minister may by
order prescribe, be granted a certificate
of registration in the form set out in
the Schedule to this Act.
(2) If
the registration is cancelled or suspended the holder of the certificate of
registration shall forthwith deliver it up to the
secretary.
(3) A person who
contravenes the provision of subsection (2) shall be guilty of an
offence.
Penalty: imprisonment for
3 months or a fine of VT10,000 or
both.
PROVISIONAL
REGISTRATION
7. (1) The
registration of a person shall be provisional for a period of 6 months from its
date and may be cancelled by the Board
at any time during that period if the
Board is of the opinion that by reason of his conduct, his character, lack of
skill or experience
or for similar reasons he is not a suitable person to
exercise the health profession in respect of which he is
registered.
(2) For the avoidance
of doubt it is hereby declared that after the expiry of the period mentioned in
subsection (1) registration
may only be cancelled in accordance with the
provisions of section 8 or
14(2).
CANCELLATION
OF REGISTRATION
8. Without
prejudice to the provisions of section 7 the Board may cancel the registration
of a person if-
(a) his registration has been obtained by fraud, misrepresentation or mistake; or
(b) he has been convicted of an offence punishable by imprisonment without the option of a fine; or
(c) in the opinion of the Board, he is, by reason of a physical or mental incapacity, unable satisfactorily to exercise the health profession in respect of which he is registered.
VISITING
DOCTORS ETC.
Notwithstanding
anything to the contrary contained in this Act, the Board may grant to a person
not ordinarily resident in Vanuatu,
a temporary certificate which shall entitle
that person to practise medicine and surgery or dentistry-
(a) in such case or class of case, and
(b) during such period, not exceeding 3 months, as shall be specified in the certificate.
(2)
Before granting a certificate under this section the Board shall satisfy itself,
so far as it shall be practicable in the circumstances,
that the recipient of
the certificate is a person qualified for registration in accordance with the
provisions of section 5(1)(a).
(3)
In urgent cases a certificate under this section may be granted by the Minister
or a person acting in his
stead.
(4) A certificate under
this section may be revoked by the Board at its discretion at any
time.
PART
IV
PROFESSIONAL
DISCIPLINE COMPLAINTS OF UNPROFESSIONAL CONDUCT
10. (1) Any complaint of
the conduct of a registered health practitioner in his professional capacity
must be made in writing to the
Minister and must contain specific allegations of
acts or omissions on which the complaint is
based.
(2) If, having considered
the complaint and having made such other preliminary enquiries (if any) as he
thinks fit, the Minister is
of the opinion that there exists a prima facie case
of misconduct the Minister shall set up a Disciplinary Committee to deal with
the complaint in accordance with this
Act.
CONSTITUTION
OF DISCIPLINARY COMMITTEE
11. (1)
A Disciplinary Committee shall consist of-
(a) the Minister or a person acting in his stead who shall be the chairman;
(b) the Attorney General or a law officer nominated by him;
(c) not less than two registered practitioners appointed by the Minister;
(d) not more than two other persons appointed by the Minister.
(2)
Where a Disciplinary Committee deals with a complaint against a registered
practitioner at least one of the members of the Committee
shall be a person
registered for or in respect of the same health profession as the practitioner
against whom the complaint has been
made.
(3) The Minister shall
appoint a public servant to be secretary to a Disciplinary
Committee.
PROCEEDINGS
IN DISCIPLINARY COMMITTEES
12. (1)
All matters before a Disciplinary Committee shall be decided by a majority of
votes of all its members; in the event of an
equality of votes the chairman of
the Committee shall have a second or casting
vote.
(2) The attendance of all
the members of a Disciplinary Committee shall be required to constitute a
quorum.
(3) In any proceedings
before a Disciplinary Committee the following rules shall apply-
(a) a sufficient notice of the time and place of the hearing together with the particulars of the complaint shall be given to the person against whom the complaint has been made and to the complainant;
(b) any party to the proceedings shall, if he so requires, be entitled to be heard by the Committee and to be represented or assisted by a legal practitioner or a registered health practitioner;
(c) unless the Committee otherwise directs, the proceedings shall be held in public.
EVIDENCE
IN DISCIPLINARY PROCEEDINGS
13.
(1) A Disciplinary Committee, by notice in writing signed by the chairman of the
Committee or its secretary, may require any person
to attend and give evidence
before it at the hearing of any complaint under this Part, and to produce any
documents in that person's
custody or under his control relating to the subject
matter of the complaint.
(2) A
Disciplinary Committee may require evidence to be given on oath, and either
orally or in writing, and for that purpose the chairman
of the Committee may
administer any oath.
(3) Witnesses
and legal practitioners and registered health practitioners referred to in
section 12(3)(b) shall have the same immunities
and privileges in relation to
proceedings before a Disciplinary Committee as in proceedings in a court of
law.
(4) The secretary to a
Disciplinary Committee shall keep the minutes of the proceedings and record the
evidence in such manner as
the Committee shall
direct.
(5) Any person who without
lawful justification refuses or fails to attend and give evidence when required
to do so by a Disciplinary
Committee, or to answer truly any question put to
him, or to produce any document required of him, shall be guilty of an
offence.
Penalty: imprisonment for
6 months or fine of VT50,000 or
both.
POWERS OF
DISCIPLINARY COMMITTEES
14. (1) If
a Disciplinary Committee finds that the acts or omissions alleged in the
complaint-
(a) have not been proved to the satisfaction of the Committee; or
(b) do not constitute misconduct of the registered practitioner in his professional capacity; or
(c) are of trivial nature,
the
Committee shall dismiss the complaint, and may order the complainant to pay such
sums, if any, as the Committee shall determine,
by way of the costs of the
proceedings, or a part thereof, to the Treasurer and to the registered
practitioner against whom the complaint
had been
made.
(2) If a Disciplinary
Committee finds a registered practitioner guilty of misconduct in his
professional capacity, it may, according
to the gravity of the allegations
proved in the proceedings-
(a) order that his registration be cancelled or suspended for such period not exceeding 2 years as the Committee shall think fit;
(b) reprimand him;
(c) order him to pay such sum to the Treasurer, as the Committee shall determine, by way of the costs of the proceedings or a part thereof.
(3)
Any sum ordered to be paid under this section may be recovered in a like manner
as a civil debt.
PART
V
MISCELLANEOUS
APPEALS
TO THE SUPREME COURT
15. Any
person-
(a) whose application for registration under section 4 has been refused;
(b) whose registration has been cancelled under section 7 or 8;
(c) whose registration has been cancelled or suspended in pursuance of an order of, or who has been reprimanded by, a Disciplinary Committee, under section 14 may-
within
21 days of the date of the notification to him of such refusal, cancellation,
order or reprimand, appeal to the Supreme Court
and on any such appeal the
Supreme Court may make such order as it thinks just having regard to the merits
of the case and the public
welfare.
CHEMISTS
ETC. NOT AFFECTED BY THE ACT
16.
(1) Nothing in this Act shall extend to or affect the lawful occupation, trade
or business of pharmacists, druggists or dispensing
opticians.
(2) In subsection (1)
"dispensing optician" means a person engaged in the fitting and supply of
optical appliances but not in the
testing of
sight.
TRADITIONAL
MEDICINE NOT AFFECTED BY THE
ACT
17. Nothing in this Act shall
extend to or affect the practise in good faith by any person of the traditional
medicine of the people
of Vanuatu if such person is recognized to be competent
to exercise such practise according to
custom.
OFFENCES
18.
(1) Any person who, not being the holder of a valid certificate of registration,
practises or holds himself out to be registered
to practise a health profession
shall be guilty of an offence.
(2)
Any person who being registered for and in respect of any health profession,
practises, or holds himself out as registered to
practise a health profession
other than that in respect of which he is registered shall be guilty of an
offence.
(3) A person convicted of
an offence under subsection (1) or (2) shall be liable to imprisonment for a
term not exceeding 3 years
or a fine not exceeding VT500,000 or both such
imprisonment and
fine.
FEES
19.
The Minister may by Order prescribe different fees for different health
professions in respect of applications for, and certificates
of, registration
under this
Act.
APPLICATION
OF THE ACT
20. The provisions of
this Act shall apply in relation to every health practitioner in Vanuatu,
whether in private practice or in
employment under a contract of service, and if
the latter, whether he is employed by the Government, a local authority, or any
other
body or organisation
whatsoever:
Provided that any
health practitioner employed by the Government or a local authority or any
public organization (whether national
or international) and practising
exclusively in the course of his employment shall be exempt from the payment of
any fees under this
Act.
SCHEDULE
(Section 6)
MINISTRY
OF HEALTH
HEALTH
PRACTITIONERS ACT CAP. 164
CERTIFICATE OF REGISTRATION
This is to certify
that
..................................................
(name and address)
....................................................
has
been registered as a person qualified and entitled to practise
....................................... (description of the health
profession)
........................................ in accordance with the provisions of
section 5 of the Health Practitioners Act Cap.
164.
By order of the Health
Practitioners Board
................................................
Chairman
...........................................
Secretary
to the Board
Port
Vila
Date
....................................
------------------------------------------------------
SUBSIDIARY LEGISLATION
HEALTH PRACTITIONERS (ANCILLARY MEDICAL PROFESSION) ORDER
Order 32 of 1985
To provide for health
practitioners in acupuncture and
chiropractic.
ANCILLARY
MEDICAL PROFESSIONS
For the
purpose of the Health Practitioners Act Cap. 164, ancillary medical profession
shall include the practise of acupuncture and chiropractic.
-----------------------------------------------
SUBSIDIARY LEGISLATION
HEALTH PRACTITIONERS (FEES) ORDER
Order 33 of 1985
To provide fees for
different health professions in respect of application for, and certificates of
registration.
FEES
FOR APPLICATION
1. There shall be
paid in respect of every application for registration a fee of
VT500.
FEES FOR
CERTIFICATE
2. There shall be paid
in respect of a certificate granted for any of the health professions listed in
Column A the various fees set
out against them in Column B
hereto-
A B
Profession Fees for Certificate (VT)
Medicine 3,000
Surgery 3,000
Dentistry 3,000
Nursing 500
Midwifery 500
Physiotherapy 500
Osteopathy 500
Radiography 500
Medical Laboratory Technician 500
Acupuncture 500
Chiropractic 500
-----------------------------------------------
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