THE MEDICAL ACT MEDICAL ARRANGEMENT OF SECTIONS. 1. Short title. 2. Interpretation. 3. Establishment of the Council. 6. The register. 7. Registration.

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Transcription:

MEDICAL THE MEDICAL ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Establishment of the Council. 4. Functions of the Council. 5. Appointment of Registrar and other officers and servants. 6. The register. 7. Registration. 7A. Practising certificate. 8. Special registration. ' 9. Provisional registration. 10. corrections of register. I 1. Censure, suspension and striking off. 12. The Tribunal. 13. Appeals to Tribunal. 14. Offences. I 5. Regulations. 16. Minister may amend monetary penalties. SCHEDULES [The inclusion of this page is authorized by L.N.. 92c/2012]

MEDICAL 3 THE MEDICAL ACT [lst November,.1976.] 1. his Act may be cited as the Medical Act. 241) In this Act, unless the context otherwise requires- "the Council" means the Medical Council established under section 3; "functions" includes duties and powers; "practising certificate" means a certificate issued pursuant to section 7A (I); "the register" means the Register of Medicil Practitioners specified under section 6; a''registered medical practitioner" means a medical practitioner registered under this Act; "the Registrar" means the Registrar appointed under section 5; ' "the Tribunal" means the Tribunal established under section 11. (2) Where in any enactment the expression "legally qualified medical practitioner" or "duly qualified medical practitioner" or any word importing a person recognized at law as a practitioner in medicine or surgery or as a member of the medical profession is used, such expression shall be construed to mean a medical practitioner registered under this Act. 3.-(1) There shall be established for the purposes of this Act a body to be called the Medical Council, which shall be a body corporate to which the provisions of section 28 of the Interpretation Act shall apply. (2) The provisions of the First Schedule shall have effect with respect to the constitution and procedure of the Council and otherwise in relation thereto. Acts 22 of 1972. 28 of 1975, 1 of 1996, 26 of 2004, 7of2011 Sch. Short title. Interpretation... Establish-' ment of the Council. First Schedule. [The inclusion of this page is authorized by L.N. 92c/2012]

4 Functions of the Council. MEDICAL 4. The functions of the Council shall be- (a) to register medical practitioners; (b) I to appoint examiners to conduct examinations in respect of persons applying for registration as medical practitioners as may from time to time be necessary under the, provisions of this Act; and (c) to ensure the maintenance of proper standards df professional conduct by registered medical practitioners. Appointment of Registrar and other officers and servants. 5. The Council shall appoint and employ at such remuneration and on such terms and conditions as it thinks fit, a,registrar and such other officers and servants as it thinks necessary for the proper carrying out of the provisions of this Act: Provided that the approval of the Minister 'shall be obtained for the assignment to any post of a salary in excess of a rate of one hundred thousand dollars per m um or such higher rate as the Minister may, by order, prescribe. The register. 6.41) The Council shall cause the Registrar to keep a register (to be known as the Register of Medical Practitioners) of the names, addresses and qualifications, and such other particulars as may be prescribed, of all persons who are registered under subsection (3) or who apply in the prescribed manner to be registered as medical practitioners and are so registered pursuant to section 7 or 8. (2) The register shall be open to inspection by any member of the public at all reasonable times, and a copy of the register shall be published in the Gazette by the Registrar at such times and in such manner as may be prescribed. Cap. 241. (1953) Edtn. (3) Every person who immediately before the 1st day of November, 1976, was registered under* the Medical Law (repealed) shall be deemed as from that date, to be registered as [The inclusibn of this page is authorized by L.N. 92~12012)

a medical practitioner under this Act, and the Registrar shall as soon as practicable after the 1st day of November, 1976, enter the name, address, qualification and other prescribed particulars of such person in the register. (4) Subject to the provisions of subsection (3), for the purposes of this Act a person is registered as a medical practitioner if his name appears in the register. 7.-(1) Any person who- (a) applies to the Council in the prescribed form for registration as a medical practitioner; and (b) satisfies the Council that he- (i) possesses the prescribed qualifications; (ii) is of good character; and (iii) is a fit and proper person to practise medicine; and (c) pays such registration fee as may be prescribed, shall subject to subsection (2) and regulations made under section 14, be registered as a medical practitioner. (2) Notwithstanding subsection (I), the Council may require any person who applies for registration as a medical practitioner under this Act, to submit to such examination as the Council thinks necessary with respect to the qualifications of that person. (3) The Registrar shall issue to every person registered as a medical practitioner under this Act a certificate of registration in the prescribed form. Registration. (4) Subject to section 7A, every registered medical 111996 practitioner shall be entitled to practise medicine in Jamaica and S. 4. to demand and recover any reasonable charges for services rendered by him as a medical practitioner and for all drugs, medicines and appliances supplied by him. [The inclusion of this page is authorized by L.N. 1 11/2005]

MEDICAL Practising certificate. 111996 S. 5. Fourth Schedule. 7A.-(1) A person registered under this Act as a medical practitioner shall only practise as a medical practitioner while he is in possession of a valid practising certificate issued to him by the Council in the form set out in the Fourth Schedule, on payment of the prescribed fee to the Registrar. (2) The Council may waive the prescribed fee payable by a registered medical practitioner who is in full-time employment in the government service, if the Council is satisfied that the medical practitioner is not also engaged in private practice. (3) A person who practises in contravention of subsection (1) shall be liable to such penalties as the Council may, by regulations, prescribe. (4) If the name of a registered medical practitioner is removed from the register, any practising certificate issued to him shall cease to be in force. (5) A practising certificate shall not be issued to a medical practitioner during any period of suspension of his registration, and any practising certificate issued to him prior to such suspension shall cease to be in force during the period of his suspension. (6) A practising certificate shall not be issued to a medical practitioner unless the Council is satisfied that the medical practitioner has complied with the prescribed requirements for continuing medical education. i Special registration. Third Schedule. 8.-41) Notwithstanding anything to the contrary, any medical practitioner not otherwise qualified to be registered under this Act but who comes within any category of medical practitioners specified in the Third Schedule and applies to the Council in the prescribed manner, may be [The inclusion of this page is authorized by L.N. 11112005]

MEDICAL 7 specially registered for such time and on such conditions as the Council may with the approval of the Minister from time to time specify. (2) The Minister may, on the advice of the Council, 28/1975 by order vary the Third Schedule by adding thereto or Third s. 2. removing therefrom alzy category of medical practitioners. schedule. (3) Notwithstanding the removal of any category of medical practitioners from the Third Schedule, any medical practitioner who comes within that category shall, subject to the provisions of subsection (l), continue to be specially registered until the expiration of the period for which he was specially registered. 9.-(1) Notwithstanding anything to the contrary, the registration. Registrar may, upon the application of any person to whom 28/1975 this section applies, register such person provisionally as a S. 3. medical practitioner subject to such terms and conditions as may be prescribed. (2) This section shall apply to any person who satisfies the Registrar- (a) that he would, but for the provisions of this Act, have been entitled to be registered as a medical practitioner; or (b) that he is a person who, by virtue of subsection (2) of section 7, may be required by the Council to submit to an examination; and that he has been selected for employment in this Island in a resident medical capacity in a hospital or an institution approved by the Minister and has paid the prescribed fee. (3) Any person provisionally registered under this section shall be deemed to be a registered medical practitioner so far as is necessary- (a) to enable him to be employed as mentioned in subsection (2);

8 MEDICAL (b) to render valid for all purposes any certificate or report duly signed by him in the course of his employment as a medical practitioner; and (c) for the purposes of such enactments or instruments or such other purposes as the Minister may by order prescribe, but for no other purpose. (4) In this section, reference to employment in a resident medical capacity shall be construed as a reference to employment in the practice of medicine, surgery or midwifery, where the person in question is resident in the hospital or institution where he is employed or conveniently near thereto, and is by the terms of his employment required to be so resident. (5) The Registrar shall enter in a separate part of the register the names of all persons provisionally registered under this section. Comctions 10.-(1) It shall be the duty of the Registrarof register. (a) to remove from the register any entry which the Council under subsection (2) of this section or under paragraph (ii) of subsection (1) of section 11 directs him to remove; (b) to restore to the register any entry which the Council under subsection (3) of this section or under subsection (3) of section 11 directs him to restore; (c) to correct in accordance with the Council s directions, any entry in the register which the Council directs him to correct as being in the opinion of the Council an entry which was incorrectly made; and (d) to make from time to time any necessary alterations in any of the particulars mentioned in subsection (1) of section 6. me incluskm of this page is authorized by L.N. 961 1 998r

MEDICAL 9 (2) If the Registrar- (a) sends by post to any person registered under this Act, a registered letter addressed to him at his address appearing in the register, enquiring whether he has ceased to practise medicine or has changed his address and receives no reply to that letter within three months from the date of posting it; and (b) upon the expiration of that period sends in like manner to that person a second similar letter and receives no reply to that letter within three months from the date of posting it, the Council may direct the Registrar to remove from the register the name of that person. (3) The Council may at any time direct the Registrar to restore to the register any name removed therefrom under subsection (2). 11.-(1) If any person registered under this Act is found Censure, upon enquiry by the Council- (a) to be suffering from any habit, or any mental or physical condition rendering him unfit to practise medicine; or (b) to have procured his registration under this Act as a result of any misleading, false or fraudulent misrepresentation; or (c) to have been convicted of a criminal offence; or (4 to be guilty of dishonesty, negligence or incompetence in the performance of his functions as a medical practitioner or of conduct that is disgraceful in a professional respect, the Council may, if it thinks fit- (i) in the case of the matters specified in paragraphs (b), (c) and (4, censure him; or - -- -- [The inclusion of this pdge is authorized by L.N. 96/ 19981 suspension and striking off.

~ 10 MEDICAL (ii) in the case of the matters specified in paragraphs (a), (b), (c) and (d), suspend his registration for a period not exceeding two years, or direct the Registrar to remove his name from the register. (2) For the purposes of subsection (l), a registered medical practitioner shall be deemed to be guilty of conduct that is disgraceful in a professional respect, if hewilfully and without legal justification betrays a professional confidence; abandons a patient in danger without sufficient cause, and without giving him the opportunity to obtain the services of another practitioner: knowingly gives a false certificate respecting any mztter which may result in the person to whom the certificate is given obtaining any financial consideration, advantage or benefit; divides with another person (other than his partner) any fees or profits resulting from his professional practice; so indulges in the excessive or habitual use of intoxicating liquor or drugs as to affect his treatment of patients; impersonates another registered medical practitioner; does or fails to do any act or thing, the doing of which or the failure to do which, in the opinion of the Council, is unprofessional or discreditable conduct; or employs or permits a person not registered under this Act or any other enactment relating to any branch of the practice of medicine other than a person to whom subsection (4) of section 14 applies, to attend or treat or perform services which require professional skill upon any patient, or by his me inclusion of this page is authorized by L.N. 96119983

MEDICAL presence, advice, assistance or cooperation enables that person, whether acting as an assistant or otherwise, to do any act which would constitute the practice of medicine. (3) The Council may at any time, if it thinks just, direct the Registrar to restore to the register, any name removed therefrom under subsection (1). (4) The Council shall, as soon as practicable after- (a) the registration of any medical practitioner has been suspended; or (b) the name of any medical practitioner has been removed from the register; or (c) the name of any medical practitioner which was so removed is restored, cause a notice of the appropriate fact to be published in the Gazetre. (5) Where the name of any person has been removed from the register the Council may in writing require that person to return to the Registrar his certificate of registration and that person shall comply with that requirement. 12.-(1) There is hereby established for the purpose of hearing appeals from the decisions of the Council a Medical Appeal Tribunal (hereinafter referred to as the Tribunal ). (2) The provisions of the Second Schedule shall have Second Schedule. effect as to the constitution of the Tribunal and otherwise in relation thereto. 13.-( 1) Any person aggrieved by the refusal of the Coun- Appeals to cil to register him as a medical practitioner under this Act Tr buna * or by its decision to censure him, to suspend his registration or to cause his name to be removed from the register, may appeal to the Tribunal against such refusal or decision within such time and in such manner as may be prescribed. [The inclusioa of this page is authorized by L.N. 96/ 19981

12 MEDICAL (2) The Tribunal may- (a) at the hearing of an appeal against refusal of registration, dismiss the appeal, or allow the appeal and direct the Council to cause the registration to be effected; (b) at the hearing of an appeal other than an appeal against refusal of registration- (i) dismiss the appeal and confirm the decision of the Council; or (ii) allow the appeal and set aside the decision of the Council; or (iii) allow the appeal and direct that the disciplinary proceedings in respect of which the decision of the Council was made be reconducted by the Council; or (iv) set aside the punishment inflicted by the Council and impose in substitution therefor such other less severe punishment mentioned in subsection (1) of section 11 as the Tribunal may think proper. (3) Upon allowing an appeal from any decision of the Council under subsection (1) of section 11, the Tribunal shall cause notice of its decision to be published in the Gazette and shall, in the event of the appellant s certificate having been returned under subsection (5) of section 11, direct such certificate to be returned to him. Wences 14.-(1) Any person who- (a) procures or attempts to procure registration for himself or for any other person by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration either verbally or in writing or otherwise; me inclusiam of thispage is authorized by L.N. 96/ 19981

MEDICAL 13 (b) wilhlly makes, or causes to be made, 'any falsification in any matter relating to the register; (c) forges or uses or lends to or allows to be used by any other person any certificate issued under this Act; (4 makes or has in his possession any document so closely resembling such certificate as to be calculated to deceive; or (e) fails to comply with the requirement specified in subsection (5) of section 1 1, shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one 7~011 million dollars or to imprisonment for a term not exceeding two SCh. years, or to both such fine and imprisonment. (2) Any person who, not being registered as a medical practitioner under this Act- (a) takes or uses any title, addition or description implying or calculated'to lead persons to believe that he is registered as a medical practitioner, or that he is recognized by law as a person authorized or qualified to practise medicine; or (b) assumes or uses any affix indicative of any occupational designation relating to the practice of medicine; or (c) advertises or holds himself out as a person authorized or qualified to practise medicine, shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one million dollars or to imprisonment for a term not exceeding 7noii twelve months or to both such fine and imprisonment: S C ~ Provided that this subsection shall not operate to prevent a registered dentist or other professional person recognized by law from using any title which he is authorized by the law under which he is registered or recognized as the case' may be, to use. - - [The inclusi& of this page is authorized by L.N. 92d20121

MEDICAL Regulations. (3) Any person who, during a period when his,registration as a medical practitioner under.this Act is suspended, or who, not being registered as a medical practitioner under this Act- (a) practices medicine in any of its branches; or (b) diagnoses or offers to diagnose or attempts to diagnose any human disease, ailment, deformity, defect or injury, or examines or advises upon any physical or 'mental condition of any person; or (c) prescribes or administers any. drug, serum or any other substance or remedy, applies any apparatus, or performs any operation or manipulation for the cure, treatment or prevention of any human disease, ailment, deformity, defect or injury; or (41 acts as the assistant or associate of any person who performs any act specified in this subsection, shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine riot exceeding one million dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonmeht. (4) The provisions of subsection (3) shall not apply to- (a) any person registered or licensed, under any biher. enactment who perf~'rms oi provides any service which he is ' authorized or entitled to perform thereunder; (b) any student of medicine,. performing the services approved by his faculty as part of his course of instruction or part of any examination in relation thereto; (c) any person performing the functions which he is employed by the Government to perform;' (4 any person giving necessary medical aid in cases of urgent need without hire, gain or hope of reward; or. (e) the domestic administration of family remedies. 15.41) The Council may, with the approval of tke Minister, generally for the proper carrying out of the provisions and purposes of this Act, and in particular but without prejudice to the generality of the foregoing, make regulations- [The inclusion of this page is authorized by L.N. 92c/2012]

MEDICAL (a) prescribing the professional qualifications and requirements which shall be a prerequisite for registration under this Act; (b) with respect to the conduct of examinations as specified under paragraph (b) of section 4; (c) prescribing the particulars to be included in the register and the manner in which additional qualifications obtained in medicine or related subjects by a registered medical practitioner, may be added to those particulars already entered in the register in relation to him, and the procedure to be followed to ensure that the particulars in the register are kept up to date; (d) prescribing the manner in which enquiries or disciplinary proceedings may be instituted before the Council, the procedure to be followed in the conduct of such proceedings and matters incidental to or consequential on such proceedings; (e) prescribing the manner of appealing to the Tribunal, and as to the proceedings in any such appeal, and matters incidental to or consequential on such proceedings; @ prescribing fees; (g) prescribing the requirements for continuing medical, education; (h) prescribing any other matter or thing which may be, or is required by this Act to be prescribed. (2) Notwithstanding section 29 (b) of the Interpretation Act, regulations made under subsection (1) may provide in respect of any breach of the provisions thereof for the imposition of penalties on summary conviction in a Resident Magistrate's Court of a fine not exceeding one million dollars or imprisonment for a term not exceeding twelve months or both such fine and imprisonment. 16. The Minister may, by order subject to afirmative resolution, amend the monetary penalties specified in this Act. 7/20 1 1 Sch. Minister may amend monetary penalties. 7/20 1 1 Sch. [The inclusion of this page is authorized by L.N. 92rl2012j

16 MEDICAL Const~tut~on of the Council. FIRST SCHEDULE (Section 3) 1. The Council shall consist of- I (a) the Chief Medical Officer or his nominee (being a registered medical practitioner) and the Dean of the Faculty of Medicine of the University of the West Indies (hereinafter referred to as "ex oflcio members"); and 2612004 (b) thirteen other persons (heieinafter referred to as "appointed mem- S 4(a) bers") appointed by the Minister, as follows- 2811975 (i) eight registered medical practitioners elected in the man- S 5. 2612004 S 4(b). ner approved by the Minister from time to time for the purpose by the registered medical practitioners resident in Jamaica; (ii) two registered medical practitioners; 2612004 (iii) three persons, not being registered medical practitioners, S 4(c) chosen from the fields of law, accounting, consumer advocacy or from such other fields as the' Minister may I ' determine. Tenure of oflice. Charnnan. 2. The appointment of an appointed member shall, subject to the provisions of this'schedule, be for a period not exceeding three years and such member shall be eligible for reappointment. 3.--(I) The Council shall, at the first meeting held after the coming into operation of this Act, and at the first meeting held in each year thereafter, elect from amongst the registered medical practitioners on the Council, a chairfnan who shall, subject to the provisions of this Schedule, hold office ' for one year, and shall be eligible for re-election from time to time. (2) The chairman elected each year shall hold office until his successor is elected, or for such?esser period as he remains a member of the Council., (3) If the chairman ceases to be a member of the Council before the expira\ion of the period for which he was elected, the Council shall elect somi other member in his stead to be chairman for the remainder of the said pdriod. ' (4) The chairman shall preside-at all meetings of the Council at which he is present, and in the case of the chairman's absence from any meeting, the members present and forming a quorum shall elect one of their number to preside at that meeting. Acting 4. 'If any appointed member of the Council other than the chairman, appointments. is absent or unable to act, the Minister may appoint any person to act in place of that member, so, however, that such appointment shall be made ' in the same manner and from among the same category of persons as would be required in the case of a substantive appointment. [The inclusion of this page is authorized by L.N. 92~120121

MEDICAL 17 5. (1) Any appointed member other than the chairman may at any Resignatime resign his office by instrument in writing addressed to the Minister tions. and transmitted through the chairman and from the date of receipt by the Minister of such instrument that member shall cease to be a member of the Council. (2) The chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of receipt by the Minister of that instrument. 6. Any appointed member who fails to attend three consecutive Forfeiture meetings of the Council without excuse acceptable to the Council ofrnembershall cease to be a member thereof. ship. 7. The Minister may at any time revoke the appointment of any Revocat,ion appointed member. of appointrnents. 8. If any vacancy occurs in the membership of the appointed Fillingof members of the Council, such vacancy shall be filled by the appoint- vacancies. ment of another appointed member so, however, that such appointment shall be made in the same manner and from the same category of persons as the previous appointed member. 9. The names of all members of the Council as first constituted Gazetting and every change in the membership thereof shall be published in the ofmember- Gazette. ship. 10. The funds of the Council shall consist of such moneys as may Fundso from time to time be placed at its disposition for the purpose of this thecouncil. Act by Parliament, and such other moneys as may be lawfully paid to the Council. 11. The Council shall keep proper accounts of its receipts, payments, Accounts assets and liabilities and such accounts shall be audited annually by andaudit. an auditor appointed in each year by the Council with the approval of the Minister. 12. (1) The Council shall in each year prepare and submit to the Annualre- Minister on or before the thirtieth day of June, a report of its pro- portsand ceedings during the twelve months ending on the thirty-first day of estimates. March in that year, including a statement of its accounts audited in accordance with paragraph 11. (2) The Council shall on or before the thirty-first day of October in each year submit to the Minister for approval its estimates of revenue and expenditure in respect of the period commencing on the first day of April next following and ending on the thirty-first day of March of the subsequent year. 13. (1) The seal of the Council shall be kept in the cmtody of the Sealand chairman or the Registrar and shall be affixed to instruments pursuant executionof tu a resolution of the Council in the presence of the chairman or any documents. other member of the Council, and the Registrar. [The inclusion of this page is authorized by L.N. 31/1977]

18 MEDICAL (2) The seal of the Council shall be authenticated by the signatures of the chairman or any other member authorized to act in that behalf, and the Registrar. (3) All documents other than those required by law to be under seal made by and all decisions of the Council may be signified under the hand of the chairman, or any other member authorized in that behalf, or the Registrar. Procedure and meetings. 14. (1) The Council shall meet at such times as may be expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the Council may determine. (2) The chairman may at any time call a special meeting of the Council and shall call a special meeting within fourteen days of the receipt of a written requisition for that purpose addressed to him by any two members of the Council. (3) A quorum of the Council shall be six. (4) The decisions of the Council shall be by a majority of votes and, in addition to an original vote, the chairman or other person presiding at a meeting shall have a casting vote in any case in which the voting is equal. (5) Minutes in proper form of each meeting of the Council shall be kept. (6) The validity of the proceedings of the Council shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of any member thereof. Protection of members. 15. (1) No member of the Council shall be personally liable for any act or default of the Council done or omitted to be done in good faith in the course of the operations of the Council. (2) Where any member of the Council is exempt from liability by reason only of the provisions of this paragraph, the Council shall be liable to the extent that it would be if the member was a servant or agent of the Council. Remuneration of members. 16. There shall te paid from the funds of the Council to the chairman and members of the Council, such remuneration whether by way of honorarium, salary or fees, and such allowances as the Minister may determine. Office of 17. The office of chairman or member of the Council shall not be chairman or a public office for the purposes of Chapter V of the Constitution of member of Jamaica. Council not public office. SECOND SCHEDULE (Section 11) Constitution of the Tribunal. 1. The Tribunal shall consist of a chairman and two other members appointed by the Minister, sitting together. [The inclusion of this page is authorized by L.N. 31/1977]

MEDICAL 19 2. The members of the Tribunal shall, subject to the provisions of Tenure this Schedule, hold office for such period not exceeding two years as ofoffice. the Minister may determine and shall be eligible for reappointment. 3. The Minister may appoint any person to aot in the place of the Acting chairman or any other member of the Tribunal in the case of the appointabsence or inability to act of the chairman or other member. ments. 4. (1) Any member of the Tribunal other than the chairman may Resignaat any time resign his office by instrument in writing addressed to the tions. Minister and transmitted through the chairman, and from the date of the receipt by the Minister of such instrument that member shall cease to be a member of the Tribunal. (2) The chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of receipt by the Minister of that instrument. 5. The Minister may at any time revoke the appointment of any Revocation member of the Tribunal if he thinks it expedient so to do. of appointments. 6. If any vacancy occurs in the membership of the Tribunal such Fahngpf vacancies. vacancy shall be filled by the appointment of another member. 7. The names of all members of the Tribunal as first constituted Publication and every change in the membership thereof shall be published in the of.member- Gazette. shlp. 8. There shall be paid to the chairman and other members of the Remunera- Tribunal such remuneration, whether by way of honorarium, salary or tionof fees, and such allowances as the Minister may determine. members. 9. The decision of the Tribunal shall be by a majority of votes of Voting. the members, and in addition to an original vote, the chairman shall have a casting vote in any case in which the voting is equal. 10. Subject to the provisions of this Act. the Tribunal shall regulate ~$O';t~pro- its own proceedings. ceedings. 11. The office of chairman or member of the Tribunal shall not be Ofice of a public office for the purposes of Chapter V of the Constitution of chairmanor Jamaica. member of Tribunal not public THIRD SCHEDULE (Section 8) office. Categories of Medical Practitioners who may be specially registered 1. (U) Medical practitioners on the permanent staff of the University of the West Indies in a teaching or research capacity. (b) Medical practitioners pursuing courses of study at any institution in the Island with a view to furthering their experience in any particular subject. (c) Medical practitioners doing special work in the field of health or research and sponsored in such work by the University &cl& of this pryge is auphorized by LN. 96/ 19981

20 281 1975 S. 6. MEDlCAL of the West Indies, the World Hedth Organization, the Medical Research Council, the Rockefeller Foundation, the Government of J d a, or other organizations appved by the Minister responsible for health as the case may be. (d) Medical practitioners distinguished in particular branches of medicine invited by the Government to teach or give demonstrations at any institution in the Island. (e) Medical practitioners invited by the Government to undertake medial work in the Government service on a full-time basis. 2. For the purposes of this Schedule- medical practitioner means any person who by virtue of subsection (2) of section 7 of this Act. may be required by the Council to submit to an examination. FOURTH SCHEDULE (SWtiOIl 7A) Practisirzg Certificate Pursuanlt to the Medical Ad, it is hereby certified that whose name is entered on the Register of Medical Praatitionem is entitled to practise as a media practitioner in Jamaica for the period ending 31st day of December, 19. Dated thi6 day of, 19. Registrar of the Medical Council.