#4378-Gov N226-Act 8 of 2009 and Dental … · Web viewMedical and Dental Act 10 of 2004. s. ection. 59. Regulations relating to Registration of Medical Practitioners, Qualifications

REGULATIONS MADE IN TERMS OF

Medical and Dental Act 10 of 2004section 59

Regulations relating to Registration of Medical Practitioners, Qualifications that may be Registered as Specialities

and Additional Qualifications, Maintaining of Registers of Medical Practitioners

Government Notice 278 of 2017(GG 6442)

came into force on date of publication: 17 October 2017

The Government Notice which publishes these regulations notes that they were made on the recommendation of the Medical and Dental Council of Namibia. It also repeals the

Regulations relating to the Registration of Medical Practitioners, Qualificationsthat may be Registered as Specialities and Additional Qualifications, the Maintaining of

Registers of Medical Practitioners contained in GN 71/2010 (GG 6442).

ARRANGEMENT OF REGULATIONS

PART 1PRELIMINARY

1. Definitions

PART 2REGISTRATION OF MEDICAL PRACTITIONERS

2. Application for registration as medical practitioner3. Additional education, tuition and training

PART 3REGISTRATION OF SPECIALITIES AND SUB-SPECIALITIES

Republic of Namibia 2 Annotated Statutes

REGULATIONSMedical and Dental Act 10 of 2004

Regulations relating to Registration of Medical Practitioners, Qualifications that may be Registered as Specialities and Additional Qualifications, Maintaining of Registers of Medical Practitioners

4. Registrable specialities5. Application for registration of speciality6. Recognition of experience gained in certain circumstances7. Limitation on practising of speciality8. Commencement of speciality practice9. Conditions applicable to practising of speciality10. Change of name or cessation of speciality practice11. Registrable sub-specialities12. Application for registration of sub-speciality

PART 4REGISTERS AND RESTORATION OF NAME TO REGISTER

13. Register of medical practitioners14. Restoration of names to register

PART 5REGISTRATION OF ADDITIONAL QUALIFICATIONS

15. Registrable additional qualifications16. Application for registration of additional qualifications

PART 6GENERAL

17. Language of forms and documents

Annexure A: Registrable specialities Annexure B: Registrable sub-specialitiesAnnexure C: Registrable additional qualifications

PART 1PRELIMINARY

Definitions

1. In these regulations a word or an expression to which a meaning has been given in the Act has that meaning, and unless the context otherwise indicates -

“additional qualification” means an additional qualification prescribed under section 31(1)(a) of the Act;

“applicant” means a person making an application in terms of these regulations;

“certified” means certified as a true copy of the original by a commissioner of oaths appointed under section 5, or designated under section 6, of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963);

“experience” includes education, tuition and training received at a training hospital;




“medical practitioner” means a person registered as a medical practitioner under the Act;

“pathology” means the study of diseases and medical specialties that diagnose disease;

“pathology (anatomical)” means the medical subject which deals with the morphological changes of pathological conditions;

“pathology (chemical)” means the medical subject that deals with the biochemical changes of pathological conditions;

“pathology (clinical)” means the medical subject which deals with the clinical application of the subjects pathology (chemical), haematology and microbiology;

“pathology (forensic)” means the medical subject which deals with the study of the pathology of the effects of the physico-chemical agents and the medico-legal and forensic application of pathology (anatomical), pathology (chemical) and basic pathology principles;

“pathology (haematological)” means the medical subject that deals with the study of blood and blood-forming organs, blood groups, blood coagulation and the serological aspects;

“pathology (microbiological)” means the medical subject which deals with the study of bacteriology, serology, virology, parasitology, mycology and immunology;

“pathology (virological)” means the medical subjects that deal with the study of viruses and the related aspects of general medical microbiology, molecular biology and immunology for the purpose of achieving a comprehensive training in virology;

“specialist” means a medical practitioner in whose name a speciality is registered;

“speciality” means a speciality in one of the branches of medicine referred to in regulation 4;

“sub-speciality” means a subdivision of a speciality in medicine referred to in regulation 11;

“training hospital” means a hospital or other institution -

(a) approved or recognised by the registering authority of the country in which the training hospital is situated; and

(b) that provide education, tuition and training to enable a person to be registered as specialist; and

“the Act” means the Medical and Dental Act, 2004 (Act No. 10 of 2004).

PART 2REGISTRATION OF MEDICAL PRACTITIONERS

Application for registration as medical practitioner

2. (1) An application for the registration of a person as a medical practitioner under section 19 of the Act must, in addition to the documents and particulars specified in subsection (2) of that section, be accompanied by -

(a) a certified copy of the identity document or passport of the applicant;




(b) proof to the satisfaction of the Council that the applicant has completed the internship; and

(c) a certified copy of the certificate of registration to practise as a medical practitioner in the country where the applicant obtained the qualification issued by the registration authority responsible for the registration of persons to practise as medical practitioners in that country, if the applicant is so registered.

(2) If the applicant is not registered with the registration authority referred to in subregulation (1)(c), he or she must submit to the registrar -

(a) a certified copy of the certificate issued by the registration authority referred to in that subregulation certifying that the qualification which the applicant holds entitles the applicant to registration as a medical practitioner in that country; or

(b) a certified copy of the certificate issued by the registration authority referred to in that subregulation confirming that -

(i) the applicant was previously registered as a medical practitioner, if the applicant was so registered; or

(ii) the name of the applicant has been removed from the register and the grounds for the removal.

(3) The Council may require the applicant to furnish proof of proficiency in the English language in a manner determined by the Council.

Additional education, tuition and training

3. (1) The Council must, when registering a person conditionally as a medical practitioner under section 21(2)(a) of the Act, determine additional education, tuition or training to be undertaken by the person so conditionally registered in order for him or her to qualify for registration as a medical practitioner in terms of section 20 of the Act.

(2) Particulars of additional education, tuition or training determined by the Council under subregulation (1) must be endorsed on the certificate of conditional registration issued to the person under section 21(2)(b) of the Act.

PART 3REGISTRATION OF SPECIALITIES AND SUB-SPECIALITIES

Registrable specialities

4. (1) For the purposes of section 31(1)(b) of the Act, any branch of medicine mentioned in Annexure A is a speciality which may be registered, subject to compliance with these regulations, against the name of a medical practitioner.

(2) The Council may only register a medical practitioner as a specialist under section 31(2)(b) of the Act, if -




(a) the standard of education, tuition and training provided by an educational institution in respect of a post-graduate qualification relating to a speciality referred to in subregulation (1) is adequate and satisfactory to the Council; and

(b) the post-graduate qualification referred to in paragraph (a) entitles the applicant to registration as a specialist in the country where he or she obtained the qualification.

Application for registration of speciality

5. (1) An application under section 31(2) of the Act by a medical practitioner to have a speciality entered against his or her name must, in addition to the documents and particulars specified by subsection (3) of that section, be accompanied by -

(a) a certified copy of registration certificate as a medical practitioner or proof that the applicant is qualified to be registered as a medical practitioner in Namibia in terms of regulation 2;

(b) proof that the applicant has practised as a medical practitioner for a period of not less than five years before submitting his or her application to the Council;

(c) if the applicant is registered as a specialist in a country other than Namibia, proof of post-graduate qualification which entitles the applicant to registration in that country as a specialist in the branch of medicine applied for by the applicant;

(d) proof that the post-graduate qualification referred to in paragraph (c) is a qualification prescribed for specialist registration in the branch of medicine applied for by the applicant; and

(e) proof of compliance with subregulation (2).

(2) The following minimum requirements, including the education, tuition and training and the passing of all examinations relating to the education, tuition and training apply to the following specialties -

(a) for the specialities anaesthesiology, dermatology, diagnostic radiology, medicine, family medicine, neurology, neurosurgery, nuclear medicine, obstetrics and gynaecology, ophthalmology, orthopaedics, otorhinolaryngology, paediatrics, physical medicine, plastic and reconstructive surgery, psychiatry, radiation oncology, surgery, emergency medicine and urology, clinical experience of not less than four years in a clinical appointment in that speciality at a training hospital;

(b) for the speciality community health not less than four years education and clinical experience in a clinical appointment in that speciality at a training hospital;

[There should be a comma after the phrase “for the speciality community health”.]

(c) for the speciality cardiothoracic surgery, clinical experience of not less than six years in a clinical appointment in that speciality at a training hospital;

(d) for the speciality public health medicine -

(i) not less than four years training at a training hospital in all the subjects and domains of public health medicine; or




(ii) not less than five years training in all the subjects and domains of public health medicine and the concurrent holding of a training position recognised or approved by the Council for that purpose;

(e) for the speciality pathology (clinical), if no other speciality in pathology is registered in the name of a medical practitioner, not less than four years clinical experience in pathology (chemical), pathology (haematology) and pathology (microbiology) at a training hospital;

(f) for the speciality pathology (anatomical), pathology (chemical), pathology (forensic), pathology (haematological), pathology (microbiological) or pathology (virological), if no other pathology speciality is registered in the name of a medical practitioner, not less than four years clinical experience in that pathology speciality, at a training hospital, but for the speciality pathology (anatomical) the four years clinical experience must include the equivalent of six months experience in cytology and the applicant must pass the examination relating to cytology;

(g) if the speciality pathology (clinical) is registered in the name of a medical practitioner who applies for -

(i) the speciality pathology (anatomical) to be registered in his or her name, not less than three years clinical experience, in pathology (anatomical), at a training hospital which must include the equivalent of six months experience in cytology and the applicant must pass the examination relating to cytology;

(ii) any of the other pathology specialities to be registered in his or her name, not less than two years clinical experience in that pathology speciality at a training hospital;

(h) if any of the specialities pathology (forensic), pathology (chemical), pathology (haematological), pathology (microbiological) or pathology (virological) is registered in the name of a medical practitioner who applies for any other pathology specialities or the speciality pathology (clinical) to be registered in his or her name, not less than two years clinical experience in the pathology speciality at a training hospital;

(i) if any of the specialities pathology (chemical), pathology (haematological), pathology (microbiological) or pathology (virological) is registered in the name of a medical practitioner who applies for the speciality pathology (anatomical) to be registered in his or her name, not less than three years clinical experience in that pathology speciality at a training hospital and the experience must include the equivalent of six months experience in cytology and the applicant must pass the examination relating to cytology;

(j) if the speciality pathology (forensic) is registered in the name of a medical practitioner who applies for the speciality pathology (anatomical) to be registered in his or her name, not less than three years clinical experience in pathology (anatomical) at a training hospital and the experience must include the equivalent of six months experience in cytology and the applicant must pass the examination relating to cytology,

to the satisfaction of the Council.




(3) The following conditions apply to the recognition of any period of experience required in terms of subregulation (2) -

(a) experience gained -

(i) in Namibia may only be recognised by the Council if throughout the period that the experience is gained, the applicant was registered as a medical practitioner or as post-graduate student with the Council;

(ii) in a country other than Namibia may only be recognised by the Council if throughout the period that the experience is gained, the applicant was registered as a medical practitioner or as post-graduate student with the registration authority responsible for the registration of persons to practise as medical practitioners or as post-graduate students in that country;

(iii) during internship is not recognised by the Council for the purpose of a speciality; and

(b) any training or experience in a speciality at a training hospital for less than six months or relating to the pathology specialities for less than four months is not recognised by the Council unless -

(i) a period of less than six months or less than four months is required for the completion of the experience required under this regulation; or

(ii) the medical practitioner or post graduate student, with the written permission of the training hospital, varied his or her training by receiving training in training positions in various medical faculties in the discipline to the satisfaction of the Council.

Recognition of experience gained in certain circumstances

6. For the purposes of regulation 5(2), the Council may recognise experience gained in the following circumstances -

(a) if in the opinion of the Council, a medical practitioner has gained satisfactory experience for a period of at least two years, in a speciality that he or she applies for registration in his or her name and the experience is acquired at a training hospital, the Council may recognise -

(i) a maximum of 12 months specialist training; or

(ii) if the medical practitioner has less than two years of experience, a proportional period of that training;

(b) in addition to any period recognised under paragraph (a), but not exceeding a period of 12 months in total, experience gained by a medical practitioner or as post graduate student, in a manner acceptable to the Council -

(i) in a training hospital or any other institution recognised by the Council as affiliated to an educational institution;




(ii) in a training hospital and an educational institution as a satellite teaching department of that educational institution;

(iii) as the holder of a clinical appointment, that the Council considers appropriate, in a training hospital or institution referred to in subparagraph (i) or (ii); and

(iv) in a field of study that the Council considers to be related to the speciality which the medical practitioner or as post graduate student applied for registration.

Limitation on practising of speciality

7. A specialist must confine his or her practice to the speciality registered in his or hername.

Commencement of speciality practice

8. A specialist who commences with his or her specialty practice must in writing inform the registrar within 30 days after the commencement of the specialty practice of the -

(a) physical address where the speciality practice is being conducted; and

(b) postal addresses, telephone numbers, facsimile numbers and e-mail addresses of the specialist.

Conditions applicable to practising of speciality

9. (1) A specialist may charge fees for conducting examinations or procedures relating to his or her patients, if the examinations or procedures forms part of his or her scope of practice or are generally accepted practice in the speciality for which the specialist is registered.

[The verb “forms” should be “form” to be grammatically correct.]

(2) The specialist must inform and explain to the patient any fees charged under subregulation (1) in respect of the examinations or procedures conducted by the specialist.

(3) The examinations and procedures referred to in subregulation (1) and (2) must be conducted only for, or for the benefit of, the bona fide patients of the specialist medical practitioner.

(4) A specialist may treat any person who consults him or her directly without a referral by a medical practitioner or other specialist.

(5) A specialist who is consulted by a patient or who treats a patient must keep the medical practitioner who normally treats the patient reasonably informed of the treatment of the patient.

Change of name or cessation of speciality practice

10. A specialist who changes his or her name or surname or discontinues to practise a speciality must notify the registrar in writing of the change or the cessation of the practice of the speciality within 30 days after the date of the occurrence of the change or cessation.




[The phrase “discontinues to practise” should be “discontinues practising” to be grammatically correct.]

Registrable sub-specialities

11. (1) The sub-specialities specified in Annexure B are the divisions of the specialities that may be registered as sub-specialities under section 31(1)(b) of the Act in the name of a specialist.

(2) A sub-speciality not specified in Annexure B may be entered against the name of the applicant in the register, if the Council is satisfied that the requirements of section 31(5) of the Act are complied with.

Application for registration of sub-speciality

12. (1) An application by a specialist to have a sub-speciality entered against his or her name in the register is, in addition to the documents and particulars specified by section 31(3), accompanied by proof to the satisfaction of the Council that he or she has at least two years clinical experience in the particular sub-speciality as the incumbent of a clinical position in a training hospital.

(2) A specialist who has not practised that sub-speciality for the period referred to in sub-regulation (1) must satisfy the Council, in that manner that the Council determines, that he or she possesses the skills and the knowledge necessary to practise his or her sub-speciality before the sub-speciality is entered against his or her name in the register.

(3) The requirements of subregulation (2) may include a period to be determined by the Council not exceed two years which the specialist spent, with the prior written approval of the Council, as an incumbent in the position of a clinical assistant or an equivalent position in a training hospital in Namibia.

[There is a grammatical problem with subregulation (3).It may have been intended to read as follows:

“(3) The requirements of subregulation (2) may include a period to be determined by the Council, not exceeding two years, which the specialist spent, with the prior written approval of the Council, as an incumbent in the position of a clinical assistant or an equivalent position in a training hospital in Namibia.”]

PART 4REGISTERS AND RESTORATION OF NAMES TO REGISTER

Register of medical practitioners

13. The register of medical practitioners established and kept in accordance with section 23(2) of the Act must, in addition to the particulars specified by subsection (3) of that section, contain particulars of -

(a) the specialities, sub-specialities or additional qualifications entered in the name of the medical practitioner in accordance with section 31(4) of the Act; and

(b) any change in any of the particulars recorded in the register.

Restoration of names to register




14. An application in accordance with section 25 of the Act for the restoration of the name of a person to a register must, in addition to the documents and information referred to in subsection (2) of that section, be accompanied by -

(a) the original registration certificate issued under section 20(4)(b) of the Act in the name of the applicant or if for any reason the original certificate cannot be submitted proof to the satisfaction of the Council that the applicant was registered; and

(b) a certified copy of the identity document or the passport of the applicant.

PART 5REGISTRATION OF ADDITIONAL QUALIFICATIONS

Registrable additional qualifications

15. (1) The qualifications specified in Annexure C are the additional qualifications referred to in section 31(1)(a) of the Act and the additional qualifications may be entered against the name of a medical practitioner in the register.

(2) An additional qualification may only be registered in the name of a medical practitioner if the registration authority responsible for the registration of medical practitioners in the country where the applicant obtained the qualification recognises that qualification as an additional qualification that may be entered against the name of a medical practitioner in the register in that country.

Application for registration of additional qualifications

16. An application by a medical practitioner in terms of section 31(2)(a) of the Act to have an additional qualification entered against his or her name is, in addition to the documents and particulars specified by subsection (3) of that section, be accompanied by proof to the satisfaction of the Council that -

[The word “be” in the phrase “be accompanied” is superfluous.]

(a) the applicant -

(i) is registered as a medical practitioner in Namibia;

(ii) is the holder of the additional qualification; and

(b) the registration authority responsible for the registration of persons as medical practitioners in the country where the applicant obtained the qualification recognises that qualification as an additional qualification.

PART 6GENERAL

Language of forms and documents

17. (1) A form or document required to be submitted to the Council or to the registrar in terms of these regulations must be in the English language.




(2) A form or document referred to in subregulation (1) that is not in the English language must be accompanied by a translation of such form or document into the English language in a manner acceptable to the Council.

ANNEXURES A-C

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#4378-Gov N226-Act 8 of 2009 and Dental … · Web viewMedical and Dental Act 10 of 2004. s. ection. 59. Regulations relating to Registration of Medical Practitioners, Qualifications