Health Care
(Registration) (Jersey) Law 1995[1]
A LAW to make provision for the
registration of persons engaged in occupations relating to health care, and for
connected purposes
Commencement
[see
endnotes]
PART 1
PRELIMINARY
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“applicant”
means a person making application for registration under this Law;
“Commission”
means the Health and Social Care Commission established by Article 35 of
the Regulation
of Care (Jersey) Law 2014;
“Court” means
the Royal Court;
“material date”
in relation to an occupation, means the date that is 6 months after the date on
which it becomes a registrable occupation;
“medical
practitioner” means a medical practitioner registered under the Medical
Practitioners (Registration) (Jersey) Law 1960;
“nurse”
includes a person who practises or holds himself or herself out as a health
visitor, but does not include a person who practises or holds himself or
herself out only as -
(a) a
dental nurse; or
(b) a
veterinary nurse,
and does not include a
person who acts or holds himself or herself out only as a nursery nurse;
“nursery
nurse” means a person who has the care (not being the health care) of
children;
“prescribed”
means prescribed by Order made by the Chief Minister;
“register”
means the register kept under this Law in respect of the registrable occupation
in relation to which the word is used, and “registered” and “registration”
have corresponding meanings;
“registrable
occupation” means an occupation specified in the Schedule to this Law.[2]
(2) A
reference in this Law to an enactment, including an enactment of the United
Kingdom, is a reference to that enactment as amended, and includes a reference
to that enactment as extended or applied by or under any other enactment,
including any other provision of that enactment.
PART 2
REGISTRATION
2 Restriction on engaging in registrable occupation
(1) Subject
to such exemptions as may be prescribed, on or after the material date it shall
be an offence for any person who is not registered to engage in a registrable
occupation or to hold himself or herself out as being entitled to engage in
that occupation, or to use or permit to be used in connection with the person’s
business any written words, titles or initials implying that the person is
registered in respect of that occupation or that the person is qualified to
engage in that occupation.
(2) A
person who acts in contravention of paragraph (1) shall be guilty of an
offence and liable to imprisonment for a term not exceeding 12 months or to a
fine or both.
(3) Where
a person is charged with an offence under paragraph (2), it shall be a
defence to prove –
(a) that he
or she satisfies the requirements of Article 3(1)(a) in respect of the
registrable occupation;
(b) that
not later than 3 months after the material date, he or she made an application
in accordance with this Law for registration to engage in that occupation; and
(c) that
his or her application had not been finally determined at the time to which the
charge relates.[3]
(4) Where
a person is charged with an offence under paragraph (2) by reason of
engaging in a registrable occupation, it shall be a defence to prove that –
(a) he or
she was acting reasonably, in an emergency; or
(b) he or
she was undertaking, under the supervision of an appropriate practitioner, a
prescribed course of training or any other course of training that is for the
time being approved in writing by the Commission.[4]
(5) In
paragraph (4), “appropriate practitioner” means –
(a) a
person who is registered in respect of the registrable occupation to which the
charge relates; or
(b) a
person of any prescribed class.[5]
3 Qualifications for registration
(1) Subject
to the provisions of this Law, a person shall be entitled to be registered in
respect of a registrable occupation if he or she satisfies the Commission that –
(a) he or
she was on the material date employed in Jersey in that registrable occupation
and had been so employed for a period of at least 6 months immediately
preceding the material date;
(b) he or
she holds a prescribed qualification;
(c) he or
she holds any other qualification which the Commission accepts for the purposes
of this Article in any particular case; or
(d) he or
she has had training and practical experience in the relevant registrable
occupation which the Commission considers are together sufficient to enable him
or her to practise that occupation.[6]
(2) An
Order made under this Law for the purposes of paragraph (1)(b) shall not
affect –
(a) the
registration of any person who is already registered; or
(b) any
application for registration which is pending when the Order comes into force,
and any such application
shall accordingly be dealt with as if the Order had not been made.[7]
(3) Where
such an Order has the effect of replacing or revoking a prescribed
qualification in respect of a registrable occupation, it must also contain
provisions allowing persons who already possess that qualification but have not
applied for registration in respect of that registrable occupation before the Order
comes into force a reasonable period of time in which to do so, and if any such
person so applies his or her application shall be dealt with as if the Order
had not been made.[8]
(4) In
this Article, “qualification” includes the entry of one’s
name, in any place other than Jersey, on a register in respect of any
profession which is identical with the registrable occupation for which the
qualification is prescribed under this Law.[9]
4 Duration of registration
Every registration shall expire on 31st December next following
the date on which it takes effect but shall be renewable annually in the manner
provided by this Law.
5 Application for registration
(1) An
application for registration or renewal of registration shall –
(a) be in the form required from time to time by
the Commission;
(b) contain or be accompanied by such
particulars as the Commission may require;
(c) be verified in such manner and to such
extent as the Commission may require; and
(d) be accompanied by such fee as may be
prescribed.[10]
(2) An
application for renewal of registration shall be made in the month of December
and, if the application is not made in that month, the Commission may direct
that the name of the registered person be removed from the register. [11]
6 Determination of application for registration
(1) Notwithstanding
anything contained in Article 3, the Commission may –
(a) refuse to grant an application for
registration or renewal of registration if, in its opinion, the
applicant –
(i) is, or has been,
engaged in any activity which is likely to reflect discredit on the registrable
occupation in respect of which the applicant seeks registration, or
(ii) is
otherwise not of good character or reputation; or
(b) attach conditions to the registration or
renewal of registration of any person.[12]
(2) Where
the Commissioner refuses to grant the application, or grants the application
subject to conditions, it shall furnish the applicant with a statement in
writing of the Commission’s reasons for so doing.[13]
7 Mode of registration
(1) Registration
shall be effected by the entry in the register kept for the purpose by the Commission
of the following –
(a) the name of the person registered;
(b) particulars as to the qualification by
virtue of which the person is registered;
(c) the person’s postal address;
(d) the date of registration; and
(e) such other particulars as may be prescribed.[14]
(2) Where
a registered person changes his or her address appearing in a register the person
shall, within one month thereafter, send to the Commission a notice of his or her
new address.[15]
(3) A
person who fails to comply with paragraph (2) shall be guilty of an
offence and liable to a fine not exceeding level 2 on the standard scale.
8 Removal of name from register where registered person has ceased
to practise, etc.
(1) Where
the Commission has reason to believe that a registered person has ceased to
practise the Commission may send to the registered person by registered post to
the person’s address appearing in the register, or to the person’s
last known place of abode, an inquiry as to whether or not the person wishes to
have his or her name retained in the register.[16]
(2) If
no reply is received to that inquiry within 6 months from the date of posting
thereof, or if the letter is not delivered and is returned to the Commission,
or if the registered person so requests in reply to the inquiry, the Commission
shall remove the name of that person from the register.[17]
(3) Notwithstanding
anything in paragraphs (1) and (2), if the Commission has reason to
believe that a registered person has died the Commission may remove the name of
that person from the register.[18]
(4) A
person whose name has been removed from the register in pursuance of this Article
may apply to the Commission to have his or her name restored to the register
and the Commission may direct that the name of that person shall be restored on
payment of the prescribed fee.[19]
9 Amendment of register
(1) If
any particulars appearing in the register in respect of the name,
qualifications or address of a person are proved to the satisfaction of the Commission
to be, or are to the knowledge of the Commission, erroneous in any respect, the
register shall be amended in accordance with any direction given by the Commission.[20]
(2) The
provisions of paragraph (1) shall apply notwithstanding that at the time
when the entry in the register was made the person was actually possessed of
the qualifications particulars whereof appear in the register, or that at that
time the entry was otherwise correct.
10 Power of Court to cancel registration
(1) Subject
to paragraph (2), the Court may, on the motion of the Attorney General, order
that the registration of any person be cancelled where that person –
(a) has been convicted, in Jersey or elsewhere,
of a criminal offence which renders the person unfit to be registered;
(b) has been guilty of infamous conduct in a
professional respect;
(c) has obtained registration by fraudulent
means; or
(d) has failed to comply with any condition
subject to which the person was registered.
(2) The
Court shall not make an order under paragraph (1) unless the person
concerned has been given an opportunity of showing cause why the order should
not be made.
(3) The
Court may, where it thinks fit to do so, either of its own accord, or on the
motion of the Attorney General, or on the application of the person concerned,
rescind any order made under this Article.
11 List of registered persons to be kept
The Commission shall make and keep available for
inspection at the Commission’s office, during business hours, a list of
registered persons showing their names and addresses and the qualifications by
virtue of which they were registered.[21]
12 Certificate of registration
(1) Where
the Commission registers or renews the registration of any person it shall
issue to the registered person, free of charge, a certificate of registration.[22]
(2) If
the holder of a certificate ceases for any reason to be registered the
certificate shall thereupon be deemed to be cancelled.
13 Penalty for fraudulently obtaining registration
Any person who wilfully
procures or attempts to procure himself or herself or any other person to be
registered by making or producing, or causing to be made or produced, any false
or fraudulent representation or declaration, either orally or in writing, shall
be guilty of an offence and liable to imprisonment for a term not exceeding 12
months or to a fine or both.
14 Appeals
(1) An
applicant who is aggrieved by the decision of the Commission –
(a) to
refuse to grant the applicant’s application for registration or renewal
of registration; or
(b) to
register the applicant subject to conditions,
may appeal to the Court
within 28 days after the date of the notification of the decision of the Commission
in the matter, on the ground that the decision of the Commission was
unreasonable having regard to all the circumstances of the case.[23]
(2) Unless
the Court so orders, the lodging of an appeal shall not operate to stay the
effect of a decision pending the determination of the appeal.[24]
(3) On
hearing the appeal, the Court may confirm, reverse or vary the decision against
which the appeal is brought.[25]
PART 3
MISCELLANEOUS
15 Production of documents
(1) The
Commission may require the production of such documents as the Commission
thinks necessary in order to ensure that the provisions of this Law are being complied
with.[26]
(2) The
power to require production of documents under paragraph (1) does not
include power to require production of the records of a patient
unless –
(a) the consent of the patient in writing to
their production; or
(b) an Order of the Court authorizing their
production,
has previously been
obtained in respect thereof.
(3) A
person who obstructs or impedes the Commission in the execution of its duties
shall be guilty of an offence and liable to a fine not exceeding level 3 on the
standard scale.[27]
16 Fees and expenses
All fees received under
this Law shall form part of the annual income of the States and all expenses
incurred under or in the administration of this Law shall be defrayed out of
the annual income of the States.
17 Regulations and Orders
(1) The
States may by Regulations amend the list of registrable occupations specified
in the Schedule to this Law.
(2) The
Chief Minister may make Orders generally for carrying this Law into effect and
in particular but without prejudice to the generality of the foregoing for
prescribing any matter which may be prescribed by this Law.[28]
(3) An
Order made under this Law may –
(a) exempt any person or class of persons from
all or any of the provisions of this Law;
(b) make different provisions in relation to
different cases or circumstances;
(c) contain such incidental provisions as the Chief
Minister may consider to be necessary or expedient.[29]
(4) [30]
18 Saving provisions
(1) Subject
to paragraph (2), nothing in this Law shall affect or derogate from the
following Laws –
(a) [31]
(b) Pharmacists
and Pharmacy Technicians (Registration) (Jersey) Law 2010;
(c) Medical
Practitioners (Registration) (Jersey) Law 1960;
(d) Dentistry
(Jersey) Law 2015;
(e) Opticians
(Registration) (Jersey) Law 1962,
insofar as those Laws make
provision with respect to the carrying on of a profession or occupation or the
registration of persons.[32]
(2) A
registered person who, in the course of the registrable occupation in respect
of which he or she is registered, does only things which are usually done by a person
engaging in that occupation, does not thereby contravene Article 2 of the Medical
Practitioners (Registration) (Jersey) Law 1960.
19 Citation
This Law may be cited as
the Health Care (Registration) (Jersey) Law 1995.