The Medical Practitioners and Dental Surgeons Act 1966 Sh on ti

As :i cnlcd lo H M ·1 j c·) ty " 1 1;.i 1n t; ll ii· .., fl ·, 1 d~,. (/ Januar y, 1966. No. 3 Sierra Leone H . J . f~. n rJ i;,· ()' : __ r; rJver nor {; r,n r, ro /, A J 1 The Medical Practitioners and Dental Surgeons Act 1966 Sh on ti t! e. Being An Act to Provide for the Registration of Medical Practitioners and Den tists and for Matters Connected therewith. D ate o f [3rd F e bru ar y, 1966.] Comm e nc e.- BE IT ENACTED by the Queen's Most Exce!Ien t Maje sty, by a nd men t. with the advice and consent of the House of Repr esen tati ves in this present Parliament assembled, and by the authority of the same, as follows: - I. In this Act, unless a contrary intention appears- I? t erpreta - .. Council" means the Medical and Dental Council es fa b- uon. l t> r <: P rt in n , : A 12 Es tabli s hment ()f Counci I: its duties nm\ rcsponsibtlitics. No.J /\ ll'llic ·u/ J1 r11C'titio11,·rs ""rl I >cntul Sur gro 11s .. lk111;il S111 pp ., :111 -.; an y perso n prol'es\ i11g lo practise 1.k11Ltl s11rg~ry. regis tered i11 ;1cc.:orda11cc with se ctiom (I Pr 5; ·· IVh·dil· ; tl Pr;1 cl it ion er " means any person professing to pr:il'li. ,e me di cine or surgery, registered ~1ccordance with section ~, J or 5: .. Minister '' n1e;111 e Minist er for e tim e bein:~ clrnrged with r cs p.rnsihility fur Health: " r ist r'' m e: 111s any of I registers menti oned section 8· " r eg istered person " means a person gistered accord- .111cc with sections 3, 4 or 5: "Registrar" mean s the Deputy Chief Medical Officer of the Ministry ol' Health.

" Medical and Dental Council consisting (u) the Chief Medical Officer, who shall be President of I Co unci I: (h) the Deputy Chief Medical Omccr who shall preside the ab \ CllCe or the Chief Medical omcer; (c) four members appointed by the Mini ster, one of whom shall be a dental surgeon; (d) four members appJintecl by the Medical and Dental Association, one of whom shall be a dental surgeon; (2) Subject and without prejudice to the powers conferred on the Public Service Commission by section of the Co1111.,tilution. the Council shall be respon sible for the registration and other matters relating lo conditions of practice and <li scip!ine of medical practitioners and dental surgeons registered under the provisions of sections 3, 4 and 5 and may with the approval of the Minister, make such Regulations as may be nece ss ary or expedient for the discharge of their responsibilities under this subsection. (3) The members of the Council shall hold office for a period of three years from the <late of their respective appointments and shall be eligible for appointment. (4) If any appointed member <lies, resigns or is removed a new member may be appointed in his place for the rem ai nder Jf his term of office. (5) All appointments o :f members and termination of such appointnir' nt sh:.i l] be publi shed in the Gazette by the Minister. (6) Six m~mb~rs inc.:luding the Pre si dent or the Depu ty Chief Mee.Leal Officer shall fo rm a qu orum . An y ~eci\ ion of the Co.'. ncil sha ll b::! taken by a ma jo: ity of mem be rs present and vJ ling in the event of an equality of vot es the Pr cs !dent sha ll have a casting vote. No. Medical Practitioners d D ----------- ---=---:.:=-:~ a:_:_n ~ ~e~,~ 1t ~a !__ :_ S~ L !.'_tr ~g~e ~o ~rtl ~~ 1~9~6~6 '.___ __ ~ A~ l~3 (7) AJI decisions the C . wriling hand of the p -~uncil shall be committed to resi ent and sent to the Minister. (8) Council may make R . . . own procedure and default of such egulatI?ns governing_ its procedure shall be in th d" . Regulat10ns all questionse iscretion of the President (9) Attorney-General shall f . . . nominate a Law Officer f 1 rom time to time not ess than five t d · t act as Legal Adviser to the C , . yea~s s an mg o . ouncil and any Committee thereof any meeting thereof and such Law Qffi1 c h · d ·. s a act m an a v1Sory capacity on matters of Law only and shall h · h · vote in decisjons the Council. ave ne1t vmce nor3. Any person wh_o in the opinio~ of the Council is of good M e di~~! cha_racter shall _be entitled to be registered on the pennanent P ra ct1t1oners register . of medical practitioners if his qualifications and expeperm a n e ntnence eitherregisters. (a) entitle him to be registered as a medical practitioner the law for the time being in force in the United Kingdom; (b) are, in the opinion of the Council, of equivalent standard to those required for registration paragraph (a).

Any person who in the opinion of the Council is of good Dental sur-character shall be entitled to be registered on the permanent regisgeons perter of dental surgeons if his qualifications eitherma!lent (a) entitle him to be registered and to practise dentistry and dental surgery under the law for the time being in force in the United Kingdom; or (b) are, in the opinion of the Council, of equiva1ent standard to those required for registration paragraph (a). register.

(I) Council may aut_horise the temporary registration Temporary of any person who would be entitled to be placed on the perma- registrationnent register of medical practitioners or dental surgeons under the in certainprovisions of section 3 section 4 and who is eithercases . (a) a missionary attached to a missionary society recognised by the Minister for the purposes ofthis section ; or( b) an employee of any org~ nization. for _the _time being engaged on a spec,_fi~d proJect m Sierra Leone recognised by the MI mster for the purposes of this section. (2) (a) The Council may also authorise the temporary registration of a perso~ who, apart fr~m any requirement as to expenenc~, would by virtue of any qualification hel? by him be_ entitled to be registered under sect10n 3 or sect.ion and who shall produce evidence to the sattsfactton of the Council that he has been selected for nrescnbed t employment. I f )r,ntol S 11r g,·nm . . ,n n111 Medirnl f'rn c fl/1011< - . " prt .: "c rihcd t: mpl, , yrrw r11 " /J) tlli 'i :-, 11h :-, ec l! O . \ 'i n11 for a r r.: fl " 'I r1I 11' 1I 11l (1 1 I cl , r L , a11 -; e11 1p ny , 1 . suhj c.:c l to \ UC UllHl lc c:;s than twel ve i_ sh. I hy th Crnincil. :t · h 1r t.:"iC rt ti<ln ~ as may I . , fr cd hy c, ,, ,n il f mc lli cn c., 1itut1 nn rc gr . Nu. --- the purp ose. h' l the n;.imc of an y [l(.; ff,'1t1 -1 y c. lt r cct t ,t • f · • (3) The Co un c1 ma . off t h cv1c.i l: r 1 1ri 1,. h. t'o n he stru cK - . r· gistered under t , ec I . fu llil th e ru 1 uirc1 m: nt '> h· ccac:;c d tn op ini uch per ,tc:; ub sec ons (1) an d (2 )- . to repi \r:iti nn und er lhi ({ !\ e1 Persons

No person sha he cnt1tle~n r c1~ j,, 1e r nf mcc!i <:il rr aeti struck o~ w ho se name ha s bce11 t: uc~ , n~ . ,,J un·-lcr la w for th~ ni ~~~ ~~~\~~=~ tioners or denta~ s ur<!~ 0n) eSli:ib lt s~ya ny criui va lcnt rcg i' tcr rn ,1ny registrabeing U111 e~ K tn dom nrdo a prof csc; ional r ts p c:c c1n d tion. er country. f or mf a mo u e:; uc not sto red thereto . . 1 • ; , . . for r cv i trat 1on urn qe,ct,on ' t\ppeal

(1) Wh en any arp 1l c3 t1 on . 1 - , with fourt ee n ch iy q against re- 3. 4. hac;; been refu sed app l1 c_a mm a_~ 1' communi c.. td f1:1sal ref J te n n which c;;uc h r rfuc:;a \ ic;; IC a. y g1st O e ' a - . 1 tl Supreme Court. :n ade hi m a~ peal aga rn st su ch efu c;;a l o ie · . . h Su p reme (2) Such appeal sha he made by a notice f,\cd Ill I c Court. ffi ce of tre Suor c me Cou rt s et ing o ut the rrnullU 'i of appeal. <l) Th e Council m av appear ac;; rc r o nrl e nt to t. ~e apr,eal, hl 1· t·nw he r wcn ac:; ;1nr_j for tre nurp,c:;e ena nrr any _r ,r ec i' ' r• tc;; e crnneal - thc Counr. : \ha 1 he u ctr ... t ' h _ r.J r, ,,rty thereto whether or nr)t it anp c'.--t '> on th '.: hearing of th<: :i pp e al. (4) Co c;; tc;; iri di c:;c reti on of the Court and if sts are awa rded ag· 1 in t the Coun ci -.; uch t r1 xcd co togeth~r wi'h s uch coc:;t the C ou r. il m ay bave curred fo r legal ef1resenta <if certified bv t\ie Attornev -G eneral to he r ea~o ab\e) shall be paid by th e Acco 1 rnta nt -G eneral r,ut of r')11 , 0lidated Revenue Fu nd. Registers to

<: the for m set out t\-.~ Sc he<luleb~ k ept. h al l be kent ec:;nec t of rc r registered- (a) on the permanent re!!iste r of Medi cal Practiti oner ~: ( h) t1 ric ne r mane nt re~i,te r of D en 1 al Sur~eo nc; r) ri te:npo ra ry r ister of med i c:i. 1 practitioner t; : (d l on the te mp orary r erris f de n1 al su r~eo ns. Pub licatio n 9. T ReQi c:;tra c:;\"q \J keep the rcgister men oned li sts of . o d h " · . . registe red -e.-: r, an a 0nce m eve ry y eq r. ac; c;oo ac; co nvemcnt m ayper so m. h,, after the fir t day of Ja nu:H y. make and puhl ic; h in the G aze te Pub l ication p ri r ,!11 (a cie of registra - tio n. 1i " t<; of a'l re<1ic:; ererl r,e <;ons und er the clac:; ifications cet out m rq ':! ~nh , (a 1 t (rf ) that se i: n. and ~tti nQ out the na me <; ~n -1 :ddrc ccc; and merlica\ ;ind dent al oua1ificat~o nc; of all ,uchr)er rrn,. 1 .1 inq ,uch ahhreviatiom nc; mav be anprov e<l by •he l")l JllCi l.

) T rc nt1 hlic,i1hn of li 1s referred to in sectio n 9 -ha he nr ii?-w fwiP evi,1':11 ce th"t the rcrc;;on <; named therein are re \! i~ tere'l ner,onc; and tr <: ahc;;cri c" of th~ r~1rn c o f an v ncr c:;on fr om su ch li <, <; c;; ha11 be Drimn f;•r i P cvidcPcc th .it c;;11 ch pcr< :nn 1 <; not a regi tered perso n. No. 3 M e di {// Practiti oners and D en tal Su r '-:Cl S 1966 (~~ All regist ers all copie s th ere of o r ext r ac ts re - rrom. ccrtl11cd und e r the hand e R egi s tr a r, rece1, a bl ein ev iucn ce all Courts Sierra L eo.ie. (3) Regi trar shall by order o f any Co un r rv <lu e. cau se to ~e produ ced, any regi s ter in b is office su b poena without chargtng any fee therefor, unles C ourt o:h ef\•, 1 s~ direct. \.

(I) Subject subsections (2) (3), a fee te n l eon e , R e ~ s tr .1ti -., n - l II b h d f · · · fee~ e-...er1 p- S rn e c a rg c . o r reg1s~r~t1on m pe rmanent emp ora r ~ ·, t h ere reg iste rs Med teal Pract1 t 1oners D ental Sur ge o n s: fror· Provided that the Minister ma y from tim e to tim e b y Ord e r vary such fee. (2) Ship s' Surge ns while t.li char ge o f th eir d u tie s o n board medical practitioners d e ntal surgeons (not be ing citizens of Sierra Le o ne) while serving with the R o y al Sie rr a L e o n:: Military Force entitled to the pri vile ges o f per soi1s r istered pe rmanent registers and m ay be r egiste r ed fr ee o f har ge. (3) Subject to the provisions of subsection (2) o f se ct i 5, any person obtaining temporary regi st ra t io n s hall be e n title d the privilege persons registered permanent regi st ers.12. Every person registered this Act w h o may ha \·e S ubsequen1 btained any higher degree qualification, ther than q u ali fi inse ruon cation in respect of which may have be e n reg ist ered shall be ad d 1 •~fiio na _l . I d h h h. h d d ct· . 1 1· fi . qua ' ca tton senllt e to ave sue 1g er egree a 1t1ona qua ca o n s in t :'1.!.i"- inserted in the regjster substitution for. o r in addit i to . the 1c c. q uaiifications previously registered, without payment o f an y fu rth e r fee .

No person shall be entitled to pr a ctise priva ely o r to Fees no t r erecover any charge any court for any med ; cal or s ur gical d, ice co\e able u n - attendance or for any medicine or a ny medical o r s un : i ca l les"_persodn s, . . - reg ,st ere ppliances which he shall have pn!scnbed and sup pl ied, o r forany service performed an obstetrician. w ithin Sie rra L eo ne . unles :; he was at the time registered on re rmanent re giste r.

No person shall hold an y a ppo intment o r practis e P uh c a pprivately as physician, surge o n or other med ical o fficer o r a s a pointee~ t o dental s urgeon unless his name entered on a pe rma nent o r be fu ll :,. _o r . te m r o rari lv temporary register. re gi<.tered . ·

No certificate or other document required b y la w to :,..1 ed ica l ce rbe signed by a Medical Practitioner or Dent J I Sur g eon gi v en af t ifica tcs . the co mmencement of this Act , shall be valid unle ss signed by rerson whose name is entered on a permanent o r t em p o ra ry register. 16 . In any enactment the expressi o n "le ga ll y qu a lifi ed <;on'-tni c - medical rractitioner ", or "duly qualified medical practi ti o ne r· ·. t ion °f term s. o r "duly qualified medical officer". or a ny exp r cs s;o n i mpo rtin g a person recognised by law as a medical i,rac titi o ner o r me m ber of the medical profes s ion, s hall be co n st ru ed to m e an a p ers o n who se name is enter ed on the permanent o r temp o rary re g iste r. A 16 No. 3 Me di ca Pra ctitione rs nncl Dental Surgeons Rules rela-

Subj ec t to e fo ow g p ro vi sio ns ~h section , t~1c tin g to re- Council shall make rules with respect to the _keeping of the reg1s- . t . · · d arucular-gis ers. ters and e makm g of entri es th erein , an Ill P . (n) ul ating the making o~ applica ns for gislrati~n nd prov idin g wh at eviden ce sh a be produced 1n Alteration Registers . B..emoval from register where registrarreceives noreply enquiry. Establishment and constitution disciplinary com-mitfee. support of applica s: (/J) providing for the notificat~on to the ~egistrar, by the person whom any re~1st ered part1cu \ars relate, any change those particulars : (c) authorising the Registrar to re~~s e to enter a nameon a register until any fe e spec1hed for the entry l1as been paid.

It shall the duty of the Registrar- (n) to correct , accordance with the Counc_il's _directions any entry a register which the Council d1re~ts him correct as being in its opinion an entry which has been incorrectly made: (/J) make from time to time any necessary alterations the particulars registered persons : and (c) remove from the relevant register the name of ziny registered person who has died.

Registrar- (a) sends by post any registered person a registered letter, addressed to him at his address on the register, enquiring whether the registered particulars relatingto him are correct and receives no reply to the letter within a period six months from the date posting: and (b) upon the expiration of that period sends in like manner to such person a second similar letter and receives no reply to that letter within three months from Lne date of posting, he may remove the particulars relating to such person from the relevant register but the Council may direct the Registrar restore to the appropriate register any particulars removed therefrom under this section. PROFESSIONAL DISCIPLINE

(l) There is hereby established a disciplinary committee of the Council (hereinafter called " the Committee ") which shall perform the functions hereinafter specified as the functions of the Committee. (2) The Committee shall consist of- (n) a medical practitioner or dental surgeon of not less than ten years standing appointed by the Council who shall be chairman : (h) four members of the Council to be appointed by the Council. (3) The members of the Committee shall hold office for a term of two year~ from the date of appointment and shall be eligible for re-appointment. 'I .- No. 3 Medical Practitioners amt Dental Surg e ons (4) Where the Chairman or a11y other member of tho Committee is for good reason tempornrily unable to perform his functions, the Minister shall appoint a person to act in his place. Al

(1) Where a registeredperson- E fTe ~l o ff findmgo m - (a) after due inquiry is judged by the Committee to famou conhave been guilty of infamous conduct any duct frauprofessional respect· or d ul~nt regl 1-: tra t10n . (b) is proved to the satisfaction of the Committee to have been fraudulently registered, the Committee may, if it thinks fit, direct the Registrar to strike such person's name off the relevant register. (2) The Committee may. if it thinks fit, defer its decisionas to the giving of a direction under subsection (1) until a subsequent meeting of the Committee: Provided that- (a) no decision shall be deferred under this subsection for periods exceeding one year in the aggregate ; (b) no person shall be a member of the Committee forthe purposes of reaching a decision which hasbeen deferred unless he was present as a memberof the Committee when the decision was originally deferred. (3) A person shall not be deemed to be found guilty a~ mentioned in paragraph (a) of subsection (1) unless the finding stands a time when no appeal or further appeal is pending may (without extension of time) be brought in connection with such finding.

Appeal from it shall cause notice of the direction to be served on the person directi?n to whom it relates. committee (2) (a) person to whom such a direction relates may, any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Supreme Court. (b) Such appeal shall be made by a notice filed in the office of the Supreme Court setting out the grounds of appeal. (c) The Committee may appear as respondent to the appeal and for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Committee. (d) The Committee shall he deemed to be a party thereto whether or not it appears on the hearing of the appeal. No. 3 Medical Practitioners and Dental Surgeons 1966 . the discretion of the court(P) The costs shall m d d aoainst the commitand any taxed costs awar et o the Committee tee together with such cos s as t· ("f . d for legal representa 10n 1may have rncurre G al to be re onfi d b Attorney- ener certi e y e .d by the Accountant-General able) shall be pat F d out Consolidated Revenue un . · t der section shall (3) A direction the Commit ee un take { ffect- · · b ght a0 amst (a) where no appeal under this s:ct~on rou O 1the direction within the time limited for the appea ' the expiration that time: (b) where such an appeal brought a nd wi th?rawn or struck out for want prosecution on the withdrawalor striking out the appeal; (c) where such an appeal brought and not withdra v- _n or struck out aforesaid , if and when the appeal 1s finally dismissed; and shall not take effect except accordance witD the foregoing provisions this subsection. f'erson 23. Any person whose name struck off a register in -struck off pursu;rn, ;e of a direction of the Committee under section 21 shall .:wt be re- . . d . . • • gistered un- not be entitled ~o b~ re~stere ill any_ register agarn ex~ept ill less directed pursuance of a direction m that behalf given by the CoillIIllttee on by Commit- the application of that person; and a direction under section tee. for stribng off a person's name from a register may prohibit an application under this section by that person until the expirationof such period from the date the direction (and where he has duly made such an application, from the date of bis last application) as may be specified in the direction. Penalty 24. ( l) Any person who wilfully and falsely pretends to be for pretend- a Medical Practitioner or Dental Surgeon or takes or uses the ing !o be a name or title of a Medical Practitioner or Dental Surgeon or any P Medti~t~l name, title, addition or description implying that he is re£isteredrac 1 10ner . . . "' or Dental under this Act or that he 1s recogrused by law as a Medical Practi- Surgeon. tioner or Dental Surgeon, shall be liable on conviction to a fine not exceeding one thousand leones and to a further penalty of twenty leones a day during the continuance of such offence. . . (2) Any person who, not being registered as a Medical pract1t1oner or Dental Surgeon under this Act practises as a Medical Prac_titioner or D~n!al Surgeon shall be guilty of an o ffence and liable on conviction thereof to a fine not exceedino one thousand leones or to imprisonment for a peroid not exceed in; twelve months or both. ..., Savings, cus- 25. Nothing contained in this Act shall be construed to :~~~iic~~e- prohibit or prevent . the practic: of customary sys tems of therapeutics or the practice of druggists authorised by any other law: .i ii No 3 Medical Practitioners a nd Dental Surgeons 1966 Provided that nothin . . . authorise th~ Perfonnance bg : this section shall be construed to of therapeutics which is dafgerd persol _n of any customary system us t) ife or health . 26. . ( l) Any person who for h . registration of any name a1' .fi t_ e purpose of procuring the · t , qu i cation O th False reregis err O er matter in any gistration. (a) makes a statement he kn not believe to be t . ows to ?e false or does rue a matenal particular; or (b) reckle.ssl_Y makes a statement which is false in a matenal particular· shall be guilty of an offence. ' . (2) Any person who wilful! fal ·fi falsified any register an y . s1 es or causes to be Falsifyingbe guilty an offence. Y matter relatmg to such register shall register. (3) Any person guilty of an offence d hi . shall be liableun er t s section Penalty. (a) on summary conviction to a fine not exceeding four hundred leones or to imprisonment for twelve months or to both such fine and imprisonment; b) on conviction on indictment to a fine not exceedisg one thousand Ieones or to imprisonment not exceeding three years or to both such fine and imprisonment.

Any person wh_o. shall wilful!~ destroy or injure, or Inquiry orcause to be destroyed lllJUred, any register or any part thereof des_troying shall be deemed guilty of an offence, and shall on summary convic- registers. tion thereof be liable to imprisonment not exceeding two years.

No erasure shall be made in any register certified copy Erasuresor extract thereof, but if any error shall occur, then a line of red in registers. ink shall be drawn through any word improperly inserted so as to leave the original word legible, and any word which may have been omitted shall either be interlined or written in the margin with red ink and the Registrar shall subscribe his name in the margin opposite ta such correction.

D_e1_1tists Repeal ofand Druggists Act (in this section called the repealed prov1s10ns) Part 1 ofI d Cap. 151. are hereby repea e : Provided that- (a) any person registered un?er section 6 of the repealed provisions immediately before the commencement of this Act shall be_ deemed to ~e registered on the permanent register under this Act: 20 No. No. Full NameI Medical Practitioners and Vental Surgeons (b) any per so n registered _under. section 6A repealed provision s unmediatcly before commencement of this Act shall ~e deemed registered 011 the temporary register under tlus Act; (c:) all registers kept under the r_cpealcc.J provis~ons may be continued in use but ~1th such alterat1_ as may necessa ry to bnng the same into conformity with this Act.

( Section 8) Date ofDate Local Address Qualiti- qualifi- Regi s tra- Fee Remark cation cation tion ·· - 0 ~ssed in the House of Representatives this 6th day of January . m the year of our Lord one thousand nine hundred and sixty-six. S. V. WRIGHT.Clerk of the House of Representatives. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a trqe and correctly printed copy of the said Bill. S. V. WRIGHT. Clerk of the House of R epresentatives. M.P. M4/22/1