CHAPTER 297- MEDICAL AND ALLIED PROFESSIONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Medical and Allied Professions (Primary Qualifications) Regulations

Medical and Allied Professions (Primary Qualifications) (No. 2) Regulations

Medical and Allied Professions (Primary Qualifications) (No. 3) Regulations

Medical and Allied Professions (Primary Qualifications) (No. 4) Regulations

Para-Medical Professions (Primary Qualifications) Regulations

Medical and Allied Professions (Disciplinary Proceedings) Rules

Medical and Allied Professions (Qualifications for Specialist Register) Regulations

Medical and Allied Professions (Infamous Conduct) Rules

Medical and Allied Professions (Prescribed Uniforms and Badges) Regulations

MEDICAL AND ALLIED PROFESSIONS (PRIMARY QUALIFICATIONS) REGULATIONS

[Section 17]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Primary qualifications of fully registered medical practitioners

   3.   Primary qualifications of fully registered dental surgeons

   4.   Primary qualifications of fully registered pharmacists

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

SI 271 of 1966,

SI 135 of 1970,

SI 161 of 1970,

SI 242 of 1970,

SI 210 of 1971,

SI 225 of 1971,

SI 237 of 1971,

SI 13 of 1972,

SI 101 of 1972.

[Regulations by the Minister after consultation with the Medical Council of Zambia]

1.   Title

These Regulations may be cited as the Medical and Allied Professions (Primary Qualifications) Regulations.

2.   Primary qualifications of fully registered medical practitioners

The degrees, diplomas and certificates specified in the First Schedule shall be primary qualifications for the purposes of registration on the register of fully registered medical practitioners if-

   (a)   the degrees, diplomas or certificates show, either singly or conjointly, that the holders have passed qualifying examinations in medicine, surgery and midwifery; and

   (b)   the courses of study in professional subjects with respect to which the degrees, diplomas or certificates were granted covered a period of not less than five academic years.

3.   Primary qualifications of fully registered dental surgeons

The degrees, diplomas and certificates specified in the Second Schedule shall be primary qualifications for the purposes of registration on the register of fully registered dental surgeons if the courses of study in professional subjects with respect to which the degrees, diplomas or certificates were granted covered a period of not less than four academic years.

4.   Primary qualifications of fully registered pharmacists

The degrees, diplomas and certificates specified in the Third Schedule shall be primary qualifications for the purposes of registration on the register of fully registered pharmacists.

FIRST SCHEDULE

[Regulation 2]

MEDICAL PRACTITIONERS

PART I

QUALIFICATIONS GRANTED IN THE COMMONWEALTH OR THE REPUBLIC OF IRELAND

PART II

QUALIFICATIONS GRANTED ELSEWHERE

[Am by Nos. 135, 161 and 242 of 1970, Nos. 210, 225 and 237 of 1971 and Nos. 13, 14 and 101 of 1972.]

SECOND SCHEDULE

[Regulation 3]

DENTAL SURGEONS

PART I

QUALIFICATIONS GRANTED IN THE COMMONWEALTH OR THE REPUBLIC OF IRELAND

PART II

QUALIFICATIONS GRANTED ELSEWHERE

THIRD SCHEDULE

[Regulation 4]

PHARMACISTS

PART I

QUALIFICATIONS GRANTED IN THE COMMONWEALTH OR THE REPUBLIC OF IRELAND

PART II

QUALIFICATIONS GRANTED ELSEWHERE

MEDICAL AND ALLIED PROFESSIONS (PRIMARY QUALIFICATIONS) (NO. 2) REGULATIONS

[Section 17]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Primary qualifications of fully registered medical practitioners

      SCHEDULE

SI 6 of 1967.

[Regulations by the Minister after consultation with the Medical Council of Zambia]

1.   Title

These Regulations may be cited as the Medical and Allied Professions (Primary Qualifications) (No. 2) Regulations.

2.   Primary qualifications of fully registered medical practitioners

The degrees, diplomas and certificates specified in the Schedule shall, in addition to those degrees, diplomas and certificates included in the First Schedule to the Medical and Allied Professions (Primary Qualifications) Regulations, be primary qualifications for the purposes of registration on the register of fully registered medical practitioners if-

   (a)   the degrees, diplomas or certificates show, either singly or conjointly, that the holders have passed qualifying examinations in medicine, surgery and midwifery; and

   (b)   the courses of study in professional subjects with respect to which the degrees, diplomas or certificates were granted covered a period of not less than five academic years.

SCHEDULE

[Regulation 2]

MEDICAL PRACTITIONERS

MEDICAL AND ALLIED PROFESSIONS (PRIMARY QUALIFICATIONS) (NO. 3) REGULATIONS

[Section 17]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Primary qualification of fully registered medical practitioner

      SCHEDULE

SI 51 of 1968.

[Regulations by the Minister after consultation with the Medical Council of Zambia]

1.   Title

These Regulations may be cited as the Medical and Allied Professions (Primary Qualifications) (No. 3) Regulations.

2.   Primary qualification of fully registered medical practitioner

The degrees, diplomas and certificates specified in the Schedule shall, in addition to those degrees, diplomas and certificates included in the First Schedule to the Medical and Allied Professions (Primary Qualifications) Regulations and the Schedule to the Medical and Allied Professions (Primary Qualifications) (No. 2) Regulations, be primary qualifications for the purposes of registration on the register of fully registered medical practitioners if the degrees, diplomas or certificates show, either singly or conjointly, that the holders have passed qualifying examinations in medicine, surgery and midwifery.

SCHEDULE

[Regulation 2]

MEDICAL PRACTITIONERS

Medical College of Alabama, Birmingham.

University of Arkansas School of Medicine, Little Rock.

Loma Linda University School of Medicine, Loma Linda, Los Angeles. University of California School of Medicine, Los Angeles.

University of Southern California School of Medicine, Los Angeles.

Stanford University School of Medicine, Palo Alto.

University of California School of Medicine, San Francisco.

University of Colorado School of Medicine, Denver.

Yale University School of Medicine, New Haven.

Georgetown University School of Medicine, Washington, D.C.

George Washington University School of Medicine, Washington, D.C.

Howard University College of Medicine, Washington, D.C.

University of Miami School of Medicine, Coral Gables.

University of Florida College of Medicine, Gainesville.

Emory University School of Medicine, Atlanta.

Medical College of Georgia, Augusta.

Chicago Medical School, Chicago.

Northwestern University Medical School, Chicago.

Stritch School of Medicine of Loyola University, Chicago.

University of Chicago School of Medicine, Chicago.

University of Illinois College of Medicine, Chicago.

Indiana University School of Medicine, Indianapolis.

University of Iowa College of Medicine, Iowa City.

University of Kansas School of Medicine, Kansas City.

University of Kentucky College of Medicine, Lexington.

University of Louisville School of Medicine, Louisville.

Louisiana State University School of Medicine, New Orleans.

Tulane University School of Medicine, New Orleans.

Johns Hopkins University School of Medicine, Baltimore.

University of Maryland School of Medicine, Baltimore.

Boston University School of Medicine, Boston.

Harvard Medical School, Boston.

Tufts University School of Medicine, Boston.

University of Michigan Medical School, Ann Arbor.

Wayne State University School of Medicine, Detroit.

University of Minnesota Medical School, Minneapolis.

University of Mississippi School of Medicine, Jackson.

University of Missouri School of Medicine, Columbia.

Saint Louis University School of Medicine, St. Louis.

Washington University School of Medicine, St. Louis.

Creighton University School of Medicine, Omaha.

University of Nebraska College of Medicine, Omaha.

Albany Medical College of Union University, Albany.

New Jersey College of Medicine and Dentistry, Jersey City.

Columbia University College of Physicians and Surgeons, New York.

Cornell University Medical College, New York.

Albert Einstein College of Medicine of Yeshiva University, New York.

New York Medical College, New York.

New York University School of Medicine, New York.

State University of New York College of Medicine, Downstate Medical Center, Brooklyn.

University of Rochester School of Medicine and Dentistry, Rochester.

State University of New York College of Medicine, Upstate Medical Center, Syracuse.

University of North Carolina School of Medicine, Chapel Hill.

Duke University School of Medicine, Durham.

Bowman Gray School of Medicine of Wake Forest College, Winston-Salem. University of Cincinnati College of Medicine, Cincinnati.

Western Reserve University School of Medicine, Cleveland.

Ohio State University College of Medicine, Columbus.

University of Oklahoma School of Medicine, Oklahoma City.

University of Oregon Medical School, Portland.

Hahnemann Medical College of Philadelphia.

Jefferson Medical College of Philadelphia.

Temple University School of Medicine, Philadelphia.

University of Pennsylvania School of Medicine, Philadelphia.

Women' Medical College of Pennsylvania, Philadelphia.

University of Pittsburgh School of Medicine.

University of Puerto Rico School of Medicine, San Juan.

Medical College of South Carolina, Charleston.

University of Tennessee College of Medicine, Memphis.

Meharry Medical College School of Medicine, Nashville.

University of Texas Southwestern Medical School, Dallas.

University of Texas Medical Branch, School of Medicine, Galveston.

Baylor University College of Medicine, Houston.

University of Utah College of Medicine, Salt Lake City.

University of Vermont College of Medicine, Burlington.

University of Virginia School of Medicine, Charlottesville.

Medical College of Virginia, Richmond.

University of Washington School of Medicine, Seattle.

West Virginia University School of Medicine, Morgantown.

University of Wisconsin Medical School, Madison.

Marquette University School of Medicine, Milwaukee.

University of Buffalo, School of Medicine, Buffalo

MEDICAL AND ALLIED PROFESSIONS (PRIMARY QUALIFICATIONS) (NO. 4) REGULATIONS

[Section 17]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Primary qualifications of fully registered pharmacists

      SCHEDULE

SI 424 of 1969.

[Regulations by the Minister after consultation with the Medical Council of Zambia]

1.   Title

These Regulations may be cited as the Medical and Allied Professions (Primary Qualifications) (No. 4) Regulations.

2.   Primary qualifications of fully registered pharmacists

The degrees, diplomas and certificates specified in the Schedule shall, in addition to those degrees, diplomas and certificates included in the Third Schedule to the Medical and Allied Professions (Primary Qualifications) Regulations, be primary qualifications for the purposes of registration on the register of fully registered pharmacists.

SCHEDULE

[Regulation 2]

PHARMACISTS

*Granted by C.N.A.A., the Council for National Academic Awards

PARA-MEDICAL PROFESSIONS (PRIMARY QUALIFICATIONS) REGULATIONS

[Section 17]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Primary qualifications

      SCHEDULE

SI 134 of 1973.

[Regulations by the Minister after consultation with the Medical Council of Zambia]

1.   Title

These Regulations may be cited as the Para-Medical Professions (Primary Qualifications) Regulations.

2.   Primary qualifications

The diplomas and certificates relating to the classes of persons in column 1 of the Schedule shall, in addition to the diplomas and certificates included in the First Schedule to the Para-Medical Professions (Primary Qualifications, Training and Registration) Rules, be primary qualifications for the purpose of full registration of a person belonging to a class of persons specified in column 2 of the Schedule.

SCHEDULE

[Regulation 2]

PRIMARY QUALIFICATIONS

MEDICAL AND ALLIED PROFESSIONS (DISCIPLINARY PROCEEDINGS) RULES

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Rules

PART I
PRELIMINARY

   Rule

   1.   Title

   2.   Interpretation

   3.   Reference of matters to Executive Committee

PART II
PROCEEDINGS RELATING TO INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT

   4.   Functions of Chairman in relation to complaints or information

   5.   Functions of Executive Committee in relation to complaints or information

   6.   Notice of inquiry

   7.   Access to documents

   8.   Postponement of inquiry

   9.   Cancellation of inquiry

   10.   Amendment of notice of inquiry or charge

   11.   Opening of inquiry

   12.   Proof of charges

   13.   Powers of Disciplinary Committee

   14.   Procedure for non-compliance with conditions

   15.   Inquiries into charges against two or more practitioners

PART III
PROCEEDINGS RELATING TO MENTAL OR PHYSICAL DISABLEMENT

   16.   Functions of Chairman in relation to complaints or information

   17.   Functions of Executive Committee in relation to complaints or information

   18.   Notice of inquiry

   19.   Application of rules 8 and 9

   20.   Proceedings at inquiry

   21.   Determination by Disciplinary Committee

PART IV
PROCEEDINGS RELATING TO FRAUDULENT AND INCORRECT ENTRIES IN A REGISTER

   22.   Functions of Chairman in relation to complaints or information

   23.   Functions of Executive Committee in relation to complaints or information

   24.   Notice of inquiry

   25.   Application of rules 8 and 9

   26.   Proceedings at inquiry

   27.   Powers of Disciplinary Committee

   28.   Application of rules in relation to more than one respondent

PART V
PROCEEDINGS RELATING TO RESTORATION OF REGISTRATION

   29.   Proceedings relating to restoration of registration

PART VI
GENERAL

   30.   Meetings of Disciplinary Committee

   31.   Summons for attendance of witness and production of book, record, document, etc.

   32.   Admission and exclusion of public

   33.   Evidence

   34.   Appearance of parties

   35.   Service of documents

   36.   Minutes of meetings

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

SI 1 of 1982.

[Rules by the Medical Council]

PART I
PRELIMINARY

1.   Title

These Rules may be cited as the Medical and Allied Professions (Disciplinary Proceedings) Rules.

2.   Interpretation

In these Rules, unless the context otherwise requires-

"complainant"  means a body or person by whom a complaint has been made to the Council;

"practitioner" means a registered person, and references to the practitioner, in relation to any complaint, information or proceedings, are references to the practitioner whose conduct or condition has been called into question.

3.   Reference of matters to Executive Committee

Except as otherwise expressly stated, before any matters are referred to the Disciplinary Committee they shall in such manner as is provided by these Rules, be brought before and investigated by the Executive Committee.

PART II
PROCEEDINGS RELATING TO INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT

4.   Functions of Chairman in relation to complaints or information

   (1) Where a complaint in writing, or information in writing, is received by the registrar from any body or person, and it appears to him that a question arises whether conduct of a practitioner constitutes infamous conduct in a professional respect, the registrar shall submit the matter to the Chairman.

   (2) Before the matter proceeds further, the Chairman may, if he thinks fit, require one or more statutory declarations to be furnished to his satisfaction in support of the complaint or information, and every such statutory declaration shall state the address and description of the declarant and the grounds for his belief in the truth of any fact declared which is within his personal knowledge.

   (3) Unless it appears to the Chairman that the matter need not proceed further, the Chairman shall direct the registrar to write to the practitioner-

   (a)   notifying him of the receipt of the complaint or information, and indicating the matters which appear to raise a question whether the practitioner has committed a conduct infamous in a professional respect;

   (b)   forwarding a copy of any statutory declaration furnished under sub-rule (2);

   (c)   informing the practitioner of the date of the next meeting of the Executive Committee; and

   (d)   inviting the practitioner to submit to the Council any explanation which he may have to offer.

   (4) Subject to the foregoing provisions of this rule, the Chairman may direct the registrar to refer the case to the Executive Committee, together with any statutory declaration or explanation furnished under sub-rules (2) and (3).

5.   Functions of Executive Committee in relation to complaint or information

   (1) Where a case has been referred to the Executive Committee, that committee shall, having regard to any statutory declaration or explanation furnished as aforesaid, consider the case and, subject to the provisions of this rule, determine either-

   (a)   that no inquiry shall be held in the case by the Disciplinary Committee; or

   (b)   that the matter in question shall, in whole or in part, be referred to the Disciplinary Committee for inquiry.

   (2) Where the Executive Committee determines that no inquiry shall be held in a case by the Disciplinary Committee, the registrar shall inform the complainant, if any, and the practitioner of the decision of the Executive Committee in such terms as the Executive Committee may direct.

   (3) Before coming to a determination, the Executive Committee may, if it thinks fit, cause to be made such further investigations, or obtain such advice or assistance from the solicitor or any legal practitioner instructed by it, as it may consider necessary.

   (4) Where the Executive Committee is of opinion that such further investigations as aforesaid are desirable, or where at the time when the Executive Committee is considering the case no explanation has yet been received from the practitioner, the Executive Committee may, if it thinks fit, make a provisional determination that the matter in question shall in whole or in part be referred to the Disciplinary Committee as mentioned in paragraph (b) of sub-rule (1), and where it makes such a determination-

   (a)   the Chairman may, after causing the members of the Executive Committee to be informed of the result of the further investigations or to be supplied with copies of any explanation subsequently furnished by the practitioner, and after consultation with the members of the Executive Committee and in accordance with the opinion of the majority of them, direct either that no inquiry shall be held or that the matter shall be referred as aforesaid;

   (b)   if the Chairman directs that no inquiry shall be held, the registrar shall notify the members of the Executive Committee and shall inform the complainant, if any, and the practitioner in such terms as the Chairman may direct.

6.   Notice of inquiry

   (1) As soon as may be after a case has been referred to the Disciplinary Committee for inquiry, the registrar shall send to the practitioner a notice of inquiry which shall-

   (a)    specify, in the form of a charge or charges, the matters into which the inquiry is to be held; and

   (b)   state the date, time and place at which the inquiry is proposed to be held.

   (2) Except with the agreement of the practitioner, the inquiry shall not be fixed for any date earlier than twenty-eight days after the date of the notice of inquiry.

   (3) A notice of inquiry shall be in the form prescribed in the First Schedule, with such variations as circumstances may require.

   (4) A notice of inquiry shall be delivered to the practitioner or sent to him by post in a registered letter addressed to him at his address on the register or at his last known address if that address differs from his address on the register and it appears to the registrar that such service will be more effective.

   (5) There shall be sent with any notice of inquiry a copy of these Rules.

   (6) In any case where there is a complainant, a copy of the notice of inquiry shall be sent to him.

7.   Access to documents

   (1) Without prejudice to the provisions of sub-rule (3) of rule 4, the registrar shall on the request of any party to any inquiry send to him copies of any statutory declaration, explanation, answer, admission or other statement or communication sent to the Council by a party to the inquiry:

Provided that nothing in this sub-rule shall compel the registrar to produce copies of any written advice sent to the Council which would be privileged from discovery in any legal proceedings to which the Council was a party.

   (2) Any party to any inquiry may at any time give to any other party notice to produce any document alleged to be in the possession of that party.

8.   Postponement of inquiry

   (1) The Chairman may, if he thinks fit, postpone the holding of an inquiry to such later date as he may determine.

   (2) Where the holding of an inquiry is postponed-

   (a)   the registrar shall as soon as may be give notice of the postponement to every party; and

   (b)   on the determination of the date on which the inquiry is to be held, the registrar shall give notice thereof to every party.

9.   Cancellation of inquiry

   (1) Where, after a complaint or information has been referred to the Disciplinary Committee for inquiry, it appears to the Chairman that the inquiry should not be held, he may, if he thinks fit, after consultation with the members of the Executive Committee and in accordance with the opinion of the majority of them, direct that the inquiry shall not be held, and where the Chairman so directs and at the time of the direction no notice of inquiry has been sent, rule 6 shall not have effect:

Provided that in any case where there is a complainant the Chairman shall not direct that an inquiry shall not be held except after communicating or endeavouring to communicate with the complainant.

   (2) As soon as may be after giving such direction referred to in sub-rule (1), the registrar shall give notice thereof to the complainant, if any, and to the practitioner.

10.   Amendment of notice of inquiry or charge

   (1) Where before the hearing it appears to the Chairman or, at any stage of the hearing it appears to the Disciplinary Committee, that a notice of inquiry or charge is defective, the Chairman or the Disciplinary Committee, as the case may be, shall give such directions for the amendment of the notice or charge as he or it may think necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice.

   (2) Where in the opinion of the Chairman or the Disciplinary Committee it is expedient, in consequence of the exercise by him or it of the powers conferred by sub-rule (1), that the inquiry should be postponed or adjourned, the Chairman or the Disciplinary Committee shall give such directions in that behalf as appear necessary.

   (3) The registrar shall as soon as may be give notice in writing to the complainant, if any, and to the practitioner of any exercise by the Chairman of his powers under this rule.

11.   Opening of inquiry

   (1) Where the practitioner does not appear, the Chairman shall call upon the registrar to satisfy the Disciplinary Committee that the notice of inquiry has been received by the practitioner, and where it does not appear to have been so received, the Disciplinary Committee may nevertheless proceed with the inquiry, if it thinks fit, on being satisfied that all reasonable efforts have been made to serve the notice of inquiry on the practitioner.

   (2) Where the practitioner appears or, in cases where he does not appear and the Disciplinary Committee proceeds with the inquiry, the charge or charges shall first be read to the Disciplinary Committee.

   (3) After the reading of the charge or charges the practitioner may, if he so desires, object to the charge or to any part thereof on a point of law, and upon any objection any other party may reply thereto.

   (4) If any objection is upheld, no further proceedings shall be taken by the Disciplinary Committee in relation to the charge, or that part of the charge, to which the objection relates.

12.   Proof of charges

   (1) In a case where the practitioner appears, the following order of proceedings shall be observed as respects proof of the charge or charges, that is to say-

   (a)    if a complainant appears, he shall open the case against the practitioner or subject to any directions given by the Chairman or the Disciplinary Committee, if no complainant appears, the registrar shall present the facts on which the complaint or information is based;

   (b)   subject to the provision of paragraph (a), the complainant shall adduce evidence of the facts alleged in the charge or charges, or of such of those facts as he is prepared to prove;

   (c)   if as respects any charge no evidence is adduced, the Disciplinary Committee shall record that fact and the Chairman shall announce a finding that the practitioner is not guilty of infamous conduct in a professional respect in relation to the matter to which that charge relates;

   (d)   at the close of the case against him, the practitioner, if he so desires, may make either or both of the following submissions as respects any charge as to which evidence has been adduced, namely-

      (i)   that no sufficient evidence has been adduced upon which the Disciplinary Committee could find that the facts alleged in the charge have been proved;

      (ii)   that the facts alleged in the charge are not such as to constitute infamous conduct in a professional respect; and where such a submission is made, any other party may reply thereto;

   (e)   if a submission is made under paragraph (d), the Disciplinary Committee shall consider and determine whether the submission should be upheld, and if the Disciplinary Committee determines to uphold such a submission as respects any charge, it shall record, and the Chairman shall announce, a finding that the practitioner is not guilty of infamous conduct in a professional respect in relation to the matters to which that charge relates;

   (f)   as respects any charge to which evidence has been adduced, the practitioner may adduce evidence in answer to the charge and, whether he adduces evidence or not, may address the Disciplinary Committee;

   (g)   at the close of the case for the practitioner, the complainant or the registrar, as the case may be, may, with the leave of the Disciplinary Committee, adduce evidence to rebut any evidence adduced by the practitioner; and if he does so, the practitioner may again address the Disciplinary Committee;

   (h)   the complainant or the registrar, as the case may be, may address the Disciplinary Committee by way of reply to the practitioner's case-

      (i)   if oral evidence, not being evidence as to character, other than that of the practitioner himself has been given on the practitioner's behalf; or

      (ii)   with the leave of the Disciplinary Committee, where no such evidence has been given;

   (i)   without prejudice to the provisions of paragraph (h), if the practitioner has made a submission to the Disciplinary Committee on a point of law, any other party shall have a right of reply limited to that submission.

   (2) In a case where the practitioner does not appear but the Disciplinary Committee has decided to proceed with the inquiry, only paragraphs (a) to (c) of sub-rule (1) shall apply.

13.   Powers of Disciplinary Committee

   (1) At the conclusion of the proceedings under rule 12, the Disciplinary Committee shall consider and determine as respects each charge which remains outstanding which, if any, of the facts alleged in the charge have been proved to its satisfaction.

   (2) If under sub-rule (1) the Disciplinary Committee determines, as respects any charge, either that none of the facts alleged in the charge has been proved to its satisfaction, or that such facts as have been so proved would be insufficient to support a finding of infamous conduct in any professional respect, the Disciplinary Committee shall record a finding that the practitioner is not guilty of such conduct in respect of the matters to which that charge relates, and the Chairman shall announce the finding of the Disciplinary Committee.

   (3) If under the foregoing provisions of this rule the Disciplinary Committee has determined, as respects any charge, that the facts, or some of the facts, alleged in the charge have been proved to its satisfaction, and the Disciplinary Committee has not on those facts recorded a finding of not guilty, the Chairman shall invite the complainant or the solicitor, as the case may be, to address the Disciplinary Committee and to adduce evidence as to the circumstances leading up to the facts in question, and as to the character and antecedents of the practitioner.

   (4) The Chairman shall then invite the practitioner, if he appears, to address the Disciplinary Committee by way of mitigation and to adduce evidence as aforesaid.

   (5) The Disciplinary Committee shall then consider and determine whether in relation to the facts proved as aforesaid it finds the practitioner to have been guilty of infamous conduct in a professional respect, and if it determines that he has not been so guilty, it shall record a finding to that effect, and the Chairman shall announce the finding in such terms as the Disciplinary Committee may approve.

   (6) If the Disciplinary Committee determines that the practitioner has been guilty of infamous conduct in a professional respect, it shall further consider and determine whether to impose any penalty under subsection (1) of section 55 of the Act, and the Chairman shall announce its determination in such terms as the Disciplinary Committee may approve.

14.   Procedure for non-compliance with conditions

   (1) Where it appears to the registrar, whether in consequence of a complaint in writing sent to the Council by any body or person, or in consequence of any other information coming to the notice of the registrar, that a question arises whether a practitioner to whom this rule applies has, during the period of any postponement under paragraph (c) of subsection (1) of section 55 of the Act, not complied with any conditions imposed thereunder, the registrar shall submit the matter to the Chairman.

   (2) Unless it appears to the Chairman that the matter need not proceed further-

   (a)   the Chairman shall direct the registrar to refer the matter to the Disciplinary Committee; and

   (b)   the registrar shall send to the practitioner, not later than twenty-eight days before the date fixed for the resumption of the proceedings, a notice which shall-

      (i)   specify the day, time and place at which the proceedings are to be resumed and invite him to appear thereat;

      (ii)   unless the Chairman otherwise directs, invite the practitioner to furnish the registrar with the names and addresses of professional colleagues and other persons of standing to whom the Council will be able to apply for information as to their knowledge of his character or habits and his conduct since the time of the original inquiry; and

      (iii)   invite the practitioner to send to the registrar any statement or statutory declaration, whether made by the practitioner or not, relating to his conduct since the hearing of his case or setting out any material facts which have arisen since that hearing.

   (3) The said notice shall be delivered to the practitioner or sent to him by post in a registered letter addressed to him at his address on the register or at his last known address if that address differs from his address on the register and it appears to the registrar that such service will be more effective.

   (4) A copy of the notice and of any statement or statutory declaration sent in accordance with the provisions of this rule shall be sent to the complainant, if any, and he may in turn, if he so desires, send to the registrar a statement or statutory declaration, whether made by himself or not, concerning any matter raised by the practitioner.

   (5) At the meeting at which the proceedings are resumed, the Chairman shall first invite the registrar to recall, for the information of the Disciplinary Committee, the circumstances in which the penalty mentioned in paragraph (c) of subsection (1) of section 55 of the Act was imposed on the practitioner and there after the Disciplinary Committee may-

   (a)   hear any other party to the proceedings; and

   (b)   receive such further oral or documentary evidence in relation to the conduct of the practitioner since the previous hearing as it thinks fit.

   (6) The validity of any resumed proceedings of the Disciplinary Committee under this rule shall not be called into question by reason only that the Disciplinary Committee is constituted in a different manner to that in which it was constituted at the previous hearing.

15.   Inquiries into charges against two or more practitioners

Nothing in this Part shall be construed as preventing one inquiry being held into charges against two or more practitioners and where such an inquiry is held, the foregoing Rules shall apply with the necessary adaptations and subject to any directions given by the Disciplinary Committee as to the order in which proceedings shall be taken under any of these Rules by or in relation to the several practitioners.

PART III
PROCEEDINGS RELATING TO MENTAL OR PHYSICAL DISABLEMENT

16.   Functions of Chairman in relation to complaints or information

   (1) Where it appears to the registrar (whether in consequence of a complaint in writing sent to the Council by any body or person, or in consequence of any other information coming to the notice of the registrar) that a question arises whether a practitioner has become mentally or physically disabled to the extent that the continued practising by him of his profession is contrary to the public welfare the registrar shall submit the matter to the Chairman.

(2) The Chairman may, upon the submission of the matter to him by the registrar, direct the registrar to write to the practitioner-

      (i)   notifying him of the receipt of the complaint or information, and indicating the matters which appear to raise a question whether the practitioner has become mentally or physically disabled to the extent that the continued practising by him of his profession is contrary to the public welfare;

      (ii)   informing him of the date of the next meeting of the Executive Committee; and

      (iii)   inviting him to submit to the Council any observations which he may wish to offer.

   (3) Subject to the provisions of sub-rule (2), the Chairman may direct the registrar to refer the case to the Executive Committee, together with any observations then furnished by the practitioner.

17.   Functions of Executive Committee in relation to complaints or information

   (1) Where under rule 16 a case has been referred to the Executive Committee, the Executive Committee shall, having regard to such observations as aforesaid, determine, subject to the provisions of this rule, either-

   (a)    that no inquiry shall be held in the case by the Disciplinary Committee; or

   (b)   that the case shall be referred to the Disciplinary Committee for inquiry.

   (2) Where the Executive Committee determines that no inquiry shall be held, the registrar shall inform the complainant, if any, and the practitioner of the decision of the Executive Committee in such terms as the Executive Committee may direct.

   (3) The provisions of sub-rules (3) and (4) of rule 5 shall apply to proceedings under this rule.

18.   Notice of inquiry

   (1) As soon as may be after a case has been referred to the Disciplinary Committee for inquiry under the foregoing provisions of this Part, the registrar shall send to the practitioner a notice of inquiry which shall-

   (a)    specify the matters into which the inquiry is to be held; and

   (b)   state the day, time and place at which the inquiry is proposed to be held.

   (2) Except with the agreement of the practitioner the inquiry shall not be fixed for any date earlier than twenty-eight days after the date of the notice of inquiry.

   (3) A notice of inquiry shall be in such form as the Chairman may determine to be appropriate to the circumstances of the case.

   (4) A notice of inquiry shall be delivered to the practitioner or sent to him by post in a registered letter addressed to him at his address on the register or at his last known address if that address differs from his address on the register and it appears to the registrar that such service will be more effective.

   (5) There shall be sent with any notice of inquiry a copy of these Rules.

   (6) In any case where there is a complainant, a copy of the notice of inquiry shall be sent to him.

19.   Application of rules 8 and 9

   (1) Rules 8 and 9 shall apply for the purpose of this Part, with the substitution, for the reference in rule 9 to rule 6, of a reference to rule 19.

   (2) Where there is a complainant, the registrar shall, on his request, send to him copies of any observations or other communication sent to the Council by the practitioner.

20.   Proceedings at inquiry

   (1) Where the practitioner does not appear, the Chairman shall call upon the registrar to satisfy the Disciplinary Committee that the notice of inquiry has been received, the Disciplinary Committee may nevertheless proceed with the inquiry, if it thinks fit, on being satisfied that all reasonable efforts have been made to serve the notice of inquiry on the practitioner.

   (2) Where the practitioner appears or, in a case where he does not appear and the Disciplinary Committee proceeds with the inquiry, the following order of proceedings shall be observed-

   (a)   the complainant or, if no complainant appears, the registrar shall present the facts of the case and adduce evidence;

   (b)   the practitioner, if he appears, may then adduce evidence and, whether he adduces evidence or not, may address the Disciplinary Committee;

   (c)   the complainant or the registrar, as the case may be, may address the Disciplinary Committee by way of reply to the respondent's case.

21.   Determination by Disciplinary Committee

   (1) At the conclusion of the proceedings under rule 20, the Disciplinary Committee shall consider and determine whether it has been proved to its satisfaction that the practitioner has become mentally or physically disabled to the extent that the continued practising by him of his profession is contrary to the public welfare, and if it determines that it has not been so proved, it shall record a finding to that effect, and the Chairman shall announce the finding in such terms as the Disciplinary Committee may approve.

   (2) If the Disciplinary Committee determines that it has been proved to its satisfaction that the practitioner has become mentally or physically disabled to the extent that the continued practising by him of his profession is contrary to the public welfare, the Disciplinary Committee shall direct the erasure of his name from the register as required by subsection (2) of section 55 of the Act and shall further consider and determine whether to make any order relating to costs under that subsection and the Chairman shall announce its determination in such terms as the Disciplinary Committee may approve.

PART IV
PROCEEDINGS RELATING TO FRAUDULENT AND INCORRECT ENTRIES IN A REGISTER

22.   Functions of Chairman in relation to complaints or information

   (1) Where it appears to the registrar (whether in consequence of a complaint in writing sent to the Council by any body or person, or in consequence of any other information coming to the notice of the registrar) that a question arises whether an entry in a register has been fraudulently or incorrectly made, the registrar shall submit the matter to the Chairman who shall, unless it appears to him that the matter need not proceed further, determine what persons, if any, apart from the person to whom the entry purports to relate, ought to be afforded an opportunity of furnish observations on the matter and of taking part in any subsequent inquiry.

   (2) The person, if any, to whom the entry relates, and any other person or persons determined by the Chairman as aforesaid, shall then be deemed to be a respondent for the purpose of proceedings under this Part and the Chairman shall direct the registrar to notify the respondent.

23.   Functions of Executive Committee in relation to complaints or information

   (1) Where under rule 22 a case has been referred to the Executive Committee, the Executive Committee shall, having regard to any such observations furnished as aforesaid, determine, subject to the provisions of this rule, either-

   (a)    that no inquiry shall be held in the case by the Disciplinary Committee; or

   (b)   that the case shall be referred to the Disciplinary Committee for inquiry.

   (2) Where the Executive Committee determines that no inquiry shall be held, the registrar shall inform the complainant, if any, and the respondent of the decision of the Executive Committee in such terms as the Executive Committee may direct.

   (3) The provisions of sub-rules (3) and (4) of rule 5 shall apply to proceedings under this rule.

24.   Notice of inquiry

   (1) As soon as may be after a case has been referred to the Disciplinary Committee under the foregoing provisions of this Part, the registrar shall send to the respondent a notice of inquiry which shall-

   (a)    specify the matters into which the inquiry is to be held;

   (b)   state the date, time and place at which the inquiry is proposed to be held; and

   (c)   request the respondent to state whether he intends to appear at the inquiry.

   (2) Except with the agreement of the respondent, the inquiry shall not be fixed for any date earlier than twenty-eight days after the date of the notice of inquiry.

   (3) A notice of inquiry shall be in such form as the Chairman may determine to be appropriate to the circumstances of the case.

   (4) A notice of inquiry shall be sent by post-

   (a)   to the person to whom the entry purports to relate, in a registered letter addressed to him at his address on the register or at his last known address if that address differs from his address on the register and it appears to the registrar that such service will be more effective;

   (b)   to any other person who is the subject of a determination under sub-rule (1) of rule 22, in a registered letter addressed to him at his last known address.

   (5) There shall be sent with any notice of inquiry a copy of these Rules.

   (6) In any case where there is a complainant, a copy of the notice of inquiry shall be sent to him.

25.   Application of rules 8 and 9

   (1) Rules 8 and 9 shall apply for the purposes of this Part, with the substitution, for the reference in rule 9 to rule 6, of a reference to rule 24.

   (2) Where there is a complainant, the registrar shall, on his request, send to him copies of any observations or other communication sent to the Council by the respondent.

26.   Proceedings at inquiry

   (1) Where the respondent does not appear, the Chairman shall call upon the registrar to satisfy the Disciplinary Committee that the notice of inquiry has been received by the respondent, and where it does not appear to have been so received, the Disciplinary Committee may nevertheless proceed with the inquiry, if it thinks fit, on being satisfied that all reasonable efforts have been made to serve the notice of inquiry on the respondent.

   (2) Where the respondent appears or, in a case where he does not appear and the Disciplinary Committee proceeds with the inquiry, the following order of proceedings shall be observed, that is to say-

   (a)   the complainant or, if no complainant appears, the registrar shall present the facts of the case and adduce evidence;

   (b)   the respondent, if he appears, may then adduce evidence and, whether he adduces evidence or not, may address the Disciplinary Committee;

   (c)   the complainant or the registrar, as the case may be, may address the Disciplinary Committee by way of reply to the respondent's case.

27.   Powers of Disciplinary Committee

   (1) At the conclusion of the proceedings under rule 26, the Disciplinary Committee shall consider and determine whether the entry has been proved to its satisfaction to have been made incorrectly; and if it determines that it was so made, the Disciplinary Committee shall further consider and determine whether the entry was made incorrectly but not fraudulently or whether it has been proved to its satisfaction to have been made fraudulently.

   (2) If the Disciplinary Committee determines that the entry has not been proved to its satisfaction to have been made incorrectly, the Chairman shall announce the determination in such terms as the Disciplinary Committee may approve.

   (3) If the Disciplinary Committee determines that the entry has been proved to its satisfaction to have been made incorrectly but not fraudulently, or to have been made fraudulently, the Disciplinary Committee shall then further consider and determine whether it should direct that the entry be erased from the register, and, if it so determines, the Disciplinary Committee shall thereupon give a direction in writing under the hand of the Chairman, that the entry, having been proved to the satisfaction of the Disciplinary Committee to have been made-

   (a)   incorrectly but not fraudulently; or

   (b)   fraudulently;

shall be erased from the register, and the Chairman shall announce the determination in such terms as the Disciplinary Committee may approve.

   (4) If it is proved to the satisfaction of the Disciplinary Committee that the entry was made incorrectly but not fraudulently, the Disciplinary Committee may determine accordingly, notwithstanding that in the notice of inquiry the entry was alleged to have been made fraudulently but the Disciplinary Committee shall not determine that an entry was made fraudulently if it was not alleged to have been so made in the notice of inquiry.

   (5) Where an inquiry relates to two or more entries, the Disciplinary Committee may proceed under the foregoing provisions of this rule in respect of those entries either separately or taken together, as the Disciplinary Committee may think fit, and where an inquiry relates to an entry specifying two or more particulars, the Disciplinary Committee may, if it thinks fit, proceed thereunder in respect of so much of the entry as specifies each of those particulars as if it were a separate entry.

28.   Application of rules in relation to more than one respondent

In a case where the expression "the respondent" relates to more than one person-

   (a)   the provisions of paragraph (c) of rule 22, rule 24 and sub-rule (1) of rule 26 shall all apply separately to each such person;

   (b)   the provisions of sub-rule (2) of rule 26 shall apply only if all those persons appear or the Disciplinary Committee has decided under sub-rule (1) of rule 20 to proceed with the inquiry;

   (c)   the provisions of paragraphs (b) and (c) of sub-rule (2) of rule 26 shall apply in relation to each of those persons as if he alone were the respondent, and where more than one of those persons appear and wish to adduce evidence or address the Disciplinary Committee, the Disciplinary Committee shall determine the order in which it shall proceed under the said paragraph (b).

PART V
PROCEEDINGS RELATING TO RESTORATION OF REGISTRATION

29.    Proceedings relating to restoration of registration

   (1) Subject to any directions given by the Chairman in special circumstances, an application for restoration of name to a register shall not be considered by the Disciplinary Committee unless and until it has been supported by a statutory declaration made by the applicant as nearly as possible to the form set out in Part I of the Second Schedule, and by a certificate of identity and good character given by a fully registered practitioner as nearly as possible to the form set out in Part II of the Second Schedule and the applicant may also submit certificates and other documentary evidence as to his conduct since his name was erased from the register.

   (2) At the hearing of the application, the Chairman shall first invite the registrar to recall the circumstances in which the applicant's name was erased from the register, and, if he so desires, to address the Disciplinary Committee and to adduce evidence as to the conduct of the applicant since that time.

   (3) The Chairman shall next invite the applicant to address the Disciplinary Committee, and, if he so desires, to adduce evidence as to his conduct since his name was erased from the register.

   (4) The Disciplinary Committee may, if it thinks fit, receive observations on the application from the university or other examining authority which granted the qualification by virtue of which the applicant was originally registered.

   (5) Subject to the foregoing provisions of this rule, the procedure of the Disciplinary Committee in connection with such applications shall be such as it may determine.

PART VI
GENERAL

30.   Meetings of Disciplinary Committee

   (1) A meeting of the Disciplinary Committee may be summoned at any time by direction of the Chairman and may be adjourned from time to time as the Disciplinary Committee thinks fit.

   (2) Meetings of the Disciplinary Committee shall, except in so far as the Chairman may otherwise direct, be held at the offices of the Council.

31.   Summons for attendance of witness and production of book, record, document, etc.

A summons requiring the attendance of a witness before the Disciplinary Committee and the production of any book, record, document or thing shall be as nearly as possible to the form set out in the Third Schedule and shall be served either-

   (a)   personally upon such person, any agent of such person authorised to accept service on his behalf, or any adult member of the family of such person; or

   (b)   by registered letter addressed to him at his last known address.

32.   Admission and exclusion of public

   (1) Subject to the provisions of sub-rule (2), all proceedings before the Disciplinary Committee shall take place in the presence of all parties thereto and shall be held in public.

   (2) Where in the interests of justice or for any other special reason it appears to the Disciplinary Committee that the public should be excluded from any proceedings or part thereof, the Disciplinary Committee may direct that the public shall be so excluded, but a direction under this sub-rule shall not apply to the announcement in pursuance of any of these Rules of a determination of the Disciplinary Committee.

33.   Evidence

   (1) Where any practitioner or applicant has supplied to the Disciplinary Committee or to the registrar on behalf of the Disciplinary Committee the name of any person to whom reference may be made confidentially as to his character or conduct, the Disciplinary Committee may consider any information received from such person in consequence of such reference without disclosing the same to the practitioner or applicant.

   (2) The Disciplinary Committee may receive as evidence any such oral, documentary or other matter as, after consultation with the legal assessor, it may think fit:

Provided that, where any matter is tendered as evidence which would not be admissible as such if the proceedings were criminal proceedings in Zambia, the Disciplinary Committee shall not receive it unless, after consultation with the legal assessor, it is satisfied that its duty of making due inquiry into the case before it makes it desirable.

   (3) The Disciplinary Committee may cause any person to be called as a witness in any proceedings before it whether or not the parties consent thereto.

   (4) Questions may be put to any witness in proceedings before the Disciplinary Committee by any of the parties to the proceedings, by any member of the Disciplinary Committee and by the legal assessor.

34.   Appearance of parties

   (1) Any party being a body corporate or an unincorporated body of persons may appear by any officer or member of it duly appointed for the purpose or by a legal practitioner.

   (2) Any party being an individual may appear either in person or by a legal practitioner or by any officer or member of any organisation of which he is a member.

35.   Service of documents

Without prejudice to any requirement of these Rules as to the service of documents by registered post, any notice authorised or required by these Rules may be sent by post.

36.   Minutes of meetings

   (1) The Disciplinary Committee shall cause minutes of its proceedings to be kept.

(2) Any party to proceedings of the Disciplinary Committee shall, on application to the registrar, be furnished by the registrar with any part of the minutes of the proceedings at which the parties were entitled to be present.

FIRST SCHEDULE

[Rule 6 (3)]

NOTICE OF INQUIRY

(Date) .......................................

Sir/Madam.

On behalf of the Medical Council of Zambia notice is hereby given to you that in consequence of (a complaint made against you to the Council) or (information received by the Council) an inquiry is to be held into the following charge (charges) against you:

That, being registered under the Medical and Allied Professions Act, 1977, on the register of fully (provisionally) (temporarily) registered ........................ you (set out briefly the facts alleged); and that in relation to the facts alleged you have been guilty of infamous conduct in a professional respect.

(Where there is more than one charge, the charges are to be numbered consecutively.) Notice is further given to you that on ..................... (day of the week), the ....................... day of ..............., 20........, a meeting of the Disciplinary Committee will be held at ..................................................., at ................. hours to consider the above-mentioned charge (charges) against you, and to determine whether or not it should impose any of the penalties mentioned in section 55 (1) of the Medical and Allied Professions Act, 1977.

........................................................................

Registrar to the Medical Council of Zambia

You are hereby invited to answer in writing the above-mentioned charge (charges) and also to appear before the Disciplinary Committee at the place and time specified above, for the purpose of answering it (them). You may appear in person or by a legal practitioner, or by any officer or member of any organisation of which you are a member. The Disciplinary Committee has power, if you do not appear, to hear and decide upon the said charge (charges) in your absence.

Any answer, admission, or other statement or communication, which you may desire to make with respect to the said charge (charges), should be addressed to the Council.

If you desire to make any application that the inquiry should be postponed, you should send the application to the registrar as soon as may be, stating the grounds on which you desire a postponement. Any such application will be considered by the Chairman of the Council in accordance with rule 8 of the Medical and Allied Professions (Disciplinary Proceedings) Rules, 1982.

A copy of the Medical and Allied Professions (Disciplinary Proceedings) Rules, 1982, is sent herewith for your information.

..............................................................

Registrar to the Medical Council of Zambia

SECOND SCHEDULE

[Rule 29 (1)]

PART I
STATUTORY DECLARATION BY APPLICANT

I, ..........................................................................................................., now holding the qualifications of ........................................................................................ do solemnly and sincerely declare as follows:

1. THAT I am the person formerly registered on the register of fully (provisionally) (temporarily) registered

with the name .......................................................................................................... and with the qualifications of .......................................................................................... and I hereby apply for the restoration of my name to that register.

2. THAT at an inquiry held on the ....................................................................... day of ........................................................................., 20......, the Disciplinary Committee directed the erasure of my name from the said register.

3. THAT since the erasure of my name from the said register I have been residing at ................................................ and my occupation has been ...............................................

4. THAT it is my intention if my name is restored to the said register to ..........................................................

5. THAT the grounds of my application are .....................................

AND I make this solemn declaration, conscientiously believing the same to be true.

........................................................................

Signature of Applicant

Declared at ..................................................... this .................day of ........., 20.......

BEFORE ME

Commissioner for Oaths

PART II
CERTIFICATE OF IDENTITY AND GOOD CHARACTER

I, .............., of ............................ certify as follows:

1. THAT I have read the statutory declaration made on the .............day of ........., 20......, by ...................................................

2. THAT the said .......................................................................... is the same person as ................................................................ who was formerly registered on the register of fully (provisionally) (temporarily) registered .................................................. with the following address and qualifications

3. THAT I have been and am well acquainted with the said ............................................. ........................................... both before and since his name was erased from the said register, and I believe him to be now a person of good character, and the statements in the said declaration are, to the best of my knowledge and belief, true.

..................................................

Signature

Registered Address ...........................................................................

Registered Qualifications and full Registration ...................................

Certificate Number ............................................................................

Date ........................................................

THIRD SCHEDULE

[Rule 31]

THE MEDICAL AND ALLIED PROFESSIONS ACT, 1977

THE MEDICAL AND ALLIED PROFESSIONS (DISCIPLINARY PROCEEDINGS)

[Rules, 1982]

SUMMONS TO APPEAR BEFORE THE DISCIPLINARY COMMITTEE OF THE MEDICAL COUNCIL OF ZAMBIA

To: ................................................................

................................................................

................................................................

(Name of person summoned and his calling and residence)

YOU ARE HEREBY SUMMONED to appear at ......................................................... (place) on .............................................. (day of the week), the .............................................. day of ................................., 20......., at ............... hours before the Disciplinary Committee of the Medical Council of Zambia established under the Medical and Allied Professions Act, 1977, to give evidence respecting ..................................... (if the person summoned is to produce any book, record, document or thing, add) and you are required to

bring ...................................................... (Specify the book, record, document or thing required.)

GIVEN under my hand at ...................................... this ...................................... day of ..........................................., 20......

.....................................................

Chairman, Medical Council of Zambia

MEDICAL AND ALLIED PROFESSIONS (QUALIFICATIONS FOR SPECIALIST REGISTER) REGULATIONS

[section 21]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Specialist qualifications

   4.   Recognised qualifications

   5.   Forms for registration

   6.   Repeal of S.I. No. 87 of 1994

      SCHEDULE

SI 168 of 1996.

1.   Title

These Regulations may be cited as the Medical and Allied Professions (Qualifications for Specialist Register) Regulations, 1996.

2.   Interpretation

In these Regulations unless the context otherwise requires-

"specialist register"  means the register on which a person with specialist qualifications is registered and specialist registration shall be construed accordingly.

3.   Specialist qualifications

For the purposes of section 21 of the Act, a person shall be registered on the specialist register if that person-

   (a)   holds a first degree or diploma from a recognised university or institution; and

   (b)   has completed post-graduate training in the relevant field.

4.   Recognised qualifications

   (1) The following qualifications or their equivalent shall be the recognised qualifications for the purposes of regulation 3-

   (a)   a Master of Medicine from the University of Zambia or from a recognised college or university; or

   (b)   post-graduate qualifications in the relevant field from a recognised university or college.

   (2) For the purposes of section 21 of the Act-

   (a)   Medical Practitioner shall qualify to be registered on the specialist register if that person holds-

      (i)   a Master of Medicine from the University of Zambia or its equivalent from a recognised university or college;

      (ii)   a Master of Public Health from the University of Zambia or its equivalent from a recognised university or college;

      (iii)   a Doctor of Philosophy (Ph.D) from a recognised university or college; or

      (iv)   a post-graduate diploma from a recognised university or college.

   (b)   a Dental Surgeon shall qualify to be registered on the specialist register if that person holds-

      (i)   a Masters of Science Degree (M.sc) in dentistry from a recognised university or college; or

      (ii)   a Master of Philosophy (M.Phil) from a recognised university or college; or

      (iii)   a Doctor of Philosophy (Ph. D) in pharmacy from a recognised university or college.

   (c)   a Pharmacist shall qualify to be registered on the specialist if that person holds-

      (i)   a Master of Science Degree (M.sc) in pharmacy from a recognised university or college;

      (ii)   a Master of Philosophy (M.Phil) from a recognised university or college; or

      (iii)   a Doctor of Philosophy (Ph. D) in pharmacy from a recognised university or college.

5.   Forms for registration

A person applying for registration on the specialist register shall fill in the form set out in the Schedule to these Regulations.

6.   Repeal of S.I. No. 87 of 1994

The Medical and Allied Professions (Qualifications for Specialist Register) Regulations, 1994 are hereby repealed.

SCHEDULE

[Section 5]

MEDICAL COUNCIL OF ZAMBIA

Affix Form MCZ/7

Passport Size P.O. Box 32554

Photo Here Lusaka

Tel: 228434 Fax: 228435

239317 239318

APPLICATION FOR SPECIALIST REGISTRATION

(Under the Medical and Allied Professions Act No. 22 of 1977 of the Laws of Zambia)

PART I

(To be completed by applicant in Duplicate)

1.   Surname of Applicant: Dr/Mr/Mrs/Miss: .................

2.   Other names: .............................

3.   Date of Birth: .............................

4.   Nationality: ..............................

5.   National Registration Card or Passport No: .................

6.   Residential Address: ............................

...................................

7.   Postal Address: ............................

8.   Address of employer or prospective employer (if applicable):..........

...................................

....................................

9.   Specialist qualification: ...........................

...................................

10.   Subspecialist qualification (s) (if any):....................

..................................

I hereby apply for specialist registration with the Medical Council of Zambia.

Date: ..............

.................

Signature of applicant

N.B. This applicant must be accompanied by the appropriate fee of:

PART II

STATUTORY DECLARATION

I, ..........................do solemnly declare as

Follows: that I attended regular training and attained the specialist qualifications stated below:

1.   Specialist Training

that I have worked in the following places since qualifying as a specialist:

2.   Subspecialist Training

3.   that the attached certified copies of documents relating to my specialist and

Subspecialist training (degree certification, diplomas, etc.) are true copies of the

originals.

Documents relating to specialist qualifications:

Documents relating to subspecialist qualifications:

4.   That the address stated below is the current and proper address of the registration body where I am/have been previously registered as a specialist.

............................................................................................................

5.   that-

   (a)   I have never been debarred from practising my profession on the ground of professional misconduct;

   (b)   My name has never been removed from any register of members of my profession kept in accordance with the Laws of any country or State in which I have practised my profession; and

   (c)   no inquiry is pending which may result in the action taken which is referred to insub-paragraphs (a) and (b) above and I make this solemn declaration, conscientiously believing the same to be true and I am aware that false declaration could lead to disciplinary action being taken against me.

................

Signature

Declared at .............. this..........day

of.............. 20..... before.........

Signature of attesting

Authority

....................................

(Capacity of Attesting Authority (Notary or Commissioner of Oaths)

Note-

1.   This declaration, if made in Zambia, must be under the Commissioner for Oaths Act Cap. 46. But if made outside Zambia, must be made before a Notary Public, Commissioner for Oaths or any other person having statutory authority under the appropriate law in that Country governing the administration of Oaths for a long time being, in force to take or receive a declaration.

Comments of specialist Committee-

   (a)   Recommended

   (b)   Not recommended for the following reasons:

.................................

Signed:............. Date: .................

Chairman of Specialist Committee .....................

MEDICAL COUNCIL OF ZAMBIA

(Medical and Allied Professions Act, Act No. 22 of 1997)

SPECIALIST REGISTER CERTIFICATE No: .................

This is to certify that ............................

FULL REGISTRATION CERTIFICATE No. ..................

Has been on the full register kept by the Medical Council of Zambia since.......

......................................

from.......................... Year........

and is a Specialist in............... As of (Date) ..........

Date: .................

...................... ................

Registrar Chairman

MEDICAL AND ALLIED PROFESSIONS (INFAMOUS CONDUCT) RULES

[Section 59]

Arrangements of Rules

   Rules

   1.   Title and commencement

   2.   Interpretation

   3.   Acts or omissions which constitute infamous conduct

SI 68 of 1998.

1.   Title and commencement

   (1) These Rules may be cited as the Medical and Allied Professions (Infamous Conduct) Rules, 1998.

   (2) These Rules shall come into operation on 1^st May, 1998.

2.   Interpretation

In these Rules, unless, the context otherwise requires-

"Council"  means the Medical Conduct of Zambia; and

"Practitioner"  means a person registered by the Council.

3.   Acts or omissions which constitute infamous conduct

The following acts or omissions by a practitioner shall constitute infamous conduct in a professional respect-

   (a)   the advertising of services in a manner that both the content of the advertisement and the method of presentation is incompatible with accepted medical norms;

   (b)   permitting, sanctioning or acquiescing to the issuing of the advertisement referred to in paragraph (a);

   (c)   canvassing and touting for patients including the payment of a commission to any persons for recommending patients to the practitioner;

   (d)   the use of the name of a registered practitioner by another practitioner who is not a locum tenens or a business partner;

   (e)   the performance of an illegal act under the Act or the abetting of such an act by another practitioner;

   (f)   the employment of a person whose name has been removed from any register kept by the Council or who has been suspended in accordance with the Act;

   (g)   Where a practitioner is or ought to be aware that a patient is under treatment by another practitioner, the superseding of such other practitioner without taking reasonable steps to inform the practitioner originally in charge of the patient;

   (h)   Impending a patient, or someone acting on behalf of a patient from obtaining the opinion of another practitioner or form being treated by another practitioner;

   (i)   Unjustifiably casting reflecting on probity or processional reputation or skill of a person registered under the Act;

   ( j)   Divulging any information regarding a patient which has come to the practitioner's knowledge in the course of the performance of duties of such practitioner, except with the express consent of the patient or, in the case of a minor under the age of 14 years with the written consent of the minor's parents or guardian, or in the case of a deceased patient, with the consent of that patients, with the written consent of that patients next of kin or the administrator of that deceased's estate;

   (k)   Granting a certificate of illness without such certificate containing the following information-

      (i)   the name, address and qualifications, of the practitioner;

      (ii)   the name of the patient;

      (iii)   the National Registration Card number or any other identity of the patient where possible;

      (iv)   the date and time of examination;

      (v)   whether the certificate is being issued as a result of personal observations by the practitioner during an examination, or as a result of information received from the patient which is based on acceptable medical grounds;

      (vi)   a description of the illness, disorder or malady in layman's languages;

      (vii)   whether the patient is totally indisposed for duty or whether the patient will be able to perform less strenuous duties;

      (viii)   the exact period of recommended sick leave;

      (ix)   the date of issue of the certificate;

   (l)   refusing or omitting to issue a brief, factual report to a patient who, on reasonable grounds, requires such information;

   (m)   offering or accepting any professional appointment inimical to the public interest of to the profession;

   (n)   the use by a practitioner, in the conduct of the practitioner's practice, of-

      (i)   any form of treatment, apparatus or technical process which a practitioner is not willing to provide information on request if such information is needed in the interest of the health and safety of the patient;

      (ii)   any drugs or medicines that contravene any written law;

      (iii)   any medical device or apparatus which is or has become unfit for the use that it was intended;

   (o)   the sharing of consulting rooms with a person not registered under the act or having an entrance through or a name-plate at the entrance of such a persons consulting rooms or business;

   (p)   operating a closed or unregistered consulting room, diagnostic service or hospital;

   (q)   practising without being registered under the Act;

   (r)   performing an act which prevents, or is calculated to prevent, the council, or its appointed agents, or office bearers thereof, from carrying out any duty authorised by or under the Act;

   (s)   communicating with a person whom a practitioner knows or should reasonably know to be a witness at a disciplinary inquiry to be held into the conduct of the practitioner concerned, on any aspect of evidence to be given by such witness at the inquiry, or permitting, sanctioning or acquiescing in such communication on his behalf;

   (t)   performing except in an emergency, of a professional act for which a practitioner is inadequately trained or insufficiently experienced or not within his professional competence;

   (u)   performing except in an emergence, of a professional act under importer conditions or surroundings;

   (v)   where a practitioner has a financial interest in a private clinic or hospital, referring a patient to such a clinic or hospital without informing the patient;

   (w)   prescribing or keeping in the practitioner's possession any drug or medicines, which are expired, contaminated or which are not labelled in accordance with regulations provided for under the Pharmacy and Poisons Act;

   (x)   wilfully neglecting, abandoning or refusing to attend to a patient entrusted into a practitioners professional care to an extent that such neglect or refusal is not in the best interest of the patient;

   (y)   abusing the dignity and or privacy of a patient;

   (z)   any conduct derogatory to the reputation of the profession such as-

      (i)   practising under the influence of alcohol or other intoxicating liquor or drug;

      (ii)   person misuse of alcohol or other drugs;

      (iii)   dishonest behaviour or corrupt practices;

      (iv)   entering into a sexual or indecent relationship with a patient;

      (v)   failure to report professional misconduct of a college which the practitioner is privileged to be aware of;

      (vi)   concealing the practitioner's own illness which could endanger patients;

      (vii)   forgery; or

      (viii)   indecent or violent behaviour including verbal abuse, assault or battery.

MEDICAL AND ALLIED PROFESSIONS (PRESCRIBED UNIFORMS AND BADGES) REGULATIONS

[Section 42]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

[Regulations by the Minister]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Uniforms, badges, etc., for registered persons

   3.   Prohibition on wearing or use of uniforms or badges by persons not registered

   4.   Penalty for owners of consulting rooms, etc.

      SCHEDULE

SI 36 of 1985,

Act 13 of 1994.

1.   Title

These Regulations may be cited as the Medical and Allied Professions (Prescribed Uniforms and Badges) Regulations.

2.   Uniforms, badges, etc., for registered persons

The uniforms, badges or tokens specified in the Schedule hereto shall be the uniforms, badges or tokens to be worn or used only by classes of persons registered under section 16 of the Act.

3.   Prohibition on wearing or use of uniforms or badges by persons not registered

Any person who, not being a registered practitioner under section 16 of the Act, wears any prescribed uniform or badge or token indicating or calculated to lead persons to infer that he is so registered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred and twenty five penalty units.

[Am by Act 13 of 1994.]

4.   Penalty for owners of consulting rooms, etc.

Any person who operates a consulting room or having been appointed to take charge of any medical or health institution which employs or to which are seconded registerable medical or paramedical personnel, fails to ensure that registered practitioners at that consulting room or medical or health institution wear their prescribed uniform or badge or token, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred and twenty five penalty units.

[Am by Act 13 of 1994.]

SCHEDULE

[Regulation 2]