Jersey Law 10/1960
MEDICAL PRACTITIONERS (REGISTRATION) (JERSEY) LAW, 1960.
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A LAW to
re-enact, with amendments, the Law regulating the practice of medicine in the
Island, sanctioned by Order of Her Majesty in Council of the
7th day of JUNE, 1960.
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(Registered on the 9th day of July, 1960).
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STATES OF JERSEY.
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The 16th day of
February, 1960.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
DEFINITIONS
(1) In
this Law, unless the context otherwise requires –
“the Court” means the Inferior Number of the Royal
Court;
“registered medical practitioner” means a person
registered as a medical practitioner in pursuance of this Law and includes any
person who was authorized to practise medicine or surgery in the Island
immediately before the coming into force of this Law in pursuance of any
enactment then in force, and “registered” and
“registration” shall be construed accordingly.
(2) For
the purposes of this Law, the practice of medicine shall be deemed to include
the performance of any such operation and the giving of any such treatment,
advice or attendance as is usually performed or given by medical practitioners.
ARTICLE 2
RESTRICTION ON PRACTICE OF MEDICINE
A person who is not a registered medical practitioner shall not
practise or hold himself out, whether directly or by implication, as practising
or as being prepared to practise medicine, and a person who acts in contravention
of this Article shall be liable to a fine not exceeding five hundred pounds.
ARTICLE 3
PERSONS WHO MAY BE REGISTERED
No person shall be registered as a medical practitioner unless he
is duly registered as a fully registered medical practitioner in pursuance of
section seven or eighteen of the Medical Act, 1956 (4 & 5 Eliz. 2, c. 76).
ARTICLE 4
REGISTRATION
(1) An
application for registration as a medical practitioner shall be made to the
Court and shall be accompanied by either –
(a) (i) a
copy of the last official edition of the Medical Register published in
accordance with [section nine of the Medical Act 1969]; and
(ii) the
certificate or certificates of qualification by virtue of which the application
was registered in the said Register; or
(b) a certificate under the hand
of the Registrar of the General Medical Council to the effect that the
applicant is registered in the said Register and specifying the qualifications
by virtue of which he was so registered.
(2) Where
the applicant is an alien, the Court may require him to produce a duly
authenticated certificate of good character.
(3) The
qualifications by virtue of which a person is registered as a medical
practitioner shall be set out in the Act of the Court ordering the
registration.
ARTICLE 5
LIST OF REGISTERED MEDICAL PRACTITIONERS TO BE KEPT
The Judicial Greffier shall make and keep posted in the Lobby of
the Royal Court House a list of registered medical practitioners showing their
names and addresses and the qualifications by virtue of which they were
registered or, in the case of a person who was authorized to practise medicine
or surgery under any enactment in force prior to the coming into force of this
Law, the qualifications by virtue of which he was so authorized.
ARTICLE 6
RESTRICTION ON USE OF PRACTITIONERS’ TITLES
If any person wilfully and falsely pretends to be or takes or uses
the name or title of physician, doctor of medicine, licentiate in medicine and
surgery, bachelor of medicine, surgeon, general practitioner or apothecary, or
any name, title, addition or description implying that he is a registered
medical practitioner, or that he is recognized by law as a physician or surgeon
or licentiate in medicine and surgery or a practitioner in medicine or an
apothecary, he shall be liable to a fine not exceeding five hundred pounds.
ARTICLE 7
PENALTY FOR ABUSE OF CERTIFICATES OR FRAUDULENTLY OBTAINING
REGISTRATION
If any person –
(a) with intent to deceive,
forges, or uses, or lends to or allows to be used by any other person, a certificate
of registration or other certificate issued under the Medical Act, 1956, or
under any enactment superseded by that Act, or makes or has in his possession a
document so closely resembling any such certificate as aforesaid as to be
calculated to deceive; or
(b) obtains or attempts to obtain
the registration of himself as a medical practitioner in pursuance of this Law
by assuming the name or qualifications of another person;
he shall be liable in respect of each offence to a fine not
exceeding one hundred pounds or to imprisonment for a term not exceeding one
year.
ARTICLE 8
PROCEDURE WHERE THE NAMES OF MEDICAL PRACTITIONERS ARE ERASED FROM
OR RESTORED TO THE REGISTER KEPT BY THE REGISTRAR OF THE GENERAL MEDICAL
COUNCIL
(1) The
Court, on the motion of the Attorney General, shall order that the registration
of any person be cancelled where the name of that person has been erased from
the [register] by direction of the General
Medical Council or the Disciplinary Committee of the said Council under the
powers respectively conferred upon them by the Medical Act, 1956 [, or by the
Registrar of the General Medical Council in accordance with regulations made
under section five of the Medical Act 1969.]
(2) Where
the name of a person in respect of whom an order under paragraph (1) of this
Article has been made is restored to the [register],2 the Court
shall, on the application of the person concerned, rescind the said order.
(3) The
reference in paragraph (2) of this Article to an order made under paragraph (1)
thereof shall include a reference to an order of the Royal Court under
sub-paragraph (a) of Article 6 of the
“Loi (1939) sur l’exercice de la Médicine et de la Chirurgie
dans cette Ile”.
[(4) In
this Article “the register” means the register of medical
practitioners kept in pursuance of section three of the Medical Act 1969.]
ARTICLE 9
POWER OF COURT TO CANCEL REGISTRATION
(1) 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 the
Island of a crime or misdemeanor or has been convicted]; either in
Her Majesty’s dominions or elsewhere, of an offence which, if committed in
the Island, would be a crime or misdemeanor; or
(b) has been guilty of any
infamous or disgraceful conduct in a professional respect:
Provided that the Court shall not make an order under this
paragraph unless the person concerned has been given an opportunity of showing
cause why the order should not be made.
(2) The
Court may, where it thinks fit so to do, 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.
[ARTICLE 9A
SAVING FOR EMPLOYMENT IN HOSPITALS
(1) Notwithstanding
the provisions of this Law, a person may be employed in a resident medical
capacity in a hospital under the administration of the Public Health Committee
if he is duly registered as a provisionally registered medical practitioner in
pursuance of section seventeen or twenty-three of the Medical Act, 1956 (4
& 5 Eliz. 2 c. 76).
(2) The
Public Health Committee shall enter, in a list to be kept for that purpose, the
name of any person employed by virtue of paragraph (1) of this Article and, on
his ceasing to be so employed, his name shall be removed from the list.
(3) The
list kept in pursuance of paragraph (2) of this Article shall be available for
inspection at all reasonable times.
(4) A
person who is employed by virtue of paragraph (1) of this Article shall, in
relation to that employment and to things done or omitted in the course
thereof, be treated as registered under this Law as a medical practitioner, but
in relation to all other matters shall be treated as not so registered.
(5) In
this Article, “employed in a resident medical capacity” means
employed in the practice of medicine, surgery or midwifery where the person
employed is resident in the hospital where he is employed or conveniently near
thereto and is by the terms of his employment required to be so resident.]
ARTICLE 10
SAVING
Nothing in this Law shall extend, or be construed to extend, to
prejudice or in any way to affect –
(a) the occupation of a medical
practitioner as a member of the Armed Forces of the Crown;
(b) the giving of advice by a
medical practitioner resident outside the Island who has been called into
consultation by a registered medical practitioner; or
(c) the lawful occupation, trade
or business of a pharmaceutical chemist or a dentist so far as the same extends
to selling, compounding or dispensing medicines.
ARTICLE 11
REPEAL AND CONSEQUENTIAL AMENDMENT
(1) The
“Loi (1939) sur l’exercice de la Médicine et de la Chirurgie
dans cette Ile” is hereby repealed.
(2) In
the case of any contravention of paragraph 1 of Article 1 of the “Loi
(1919) sur le traitement des maladies vénériennes”, the penalties to be applicable shall be those
prescribed by the said Article 1 to the exclusion of that prescribed by Article
2 of this Law.
ARTICLE 12
SHORT TITLE
This Law may be cited as the Medical Practitioners (Registration)
(Jersey) Law, 1960.