Jersey Law
32/1995
HEALTH CARE
(REGISTRATION) (JERSEY) LAW 1995
____________
ARRANGEMENT OF
ARTICLES
____________
|
PART I
|
|
PRELIMINARY
|
|
1.
|
Interpretation
|
|
PART II
|
|
REGISTRATION
|
|
2.
|
Registration
on engaging in registrable occupation
|
|
3.
|
Qualifications
for registration
|
|
4.
|
Duration
of registration
|
|
5.
|
Application
for registration
|
|
6.
|
Determination
of application for registration
|
|
7.
|
Mode of
registration
|
|
8.
|
Removal
of name from register where registered person has ceased to practise, etc.
|
|
9.
|
Amendment
of register
|
|
10.
|
Power of
Court to cancel registration
|
|
11.
|
List of
registered persons to be kept
|
|
12.
|
Certificate
of registration
|
|
13.
|
Penalty
for fraudulently obtaining registration
|
|
14.
|
Appeals
|
|
PART III
|
|
MISCELLANEOUS
|
|
15.
|
Production
of documents
|
|
16.
|
Fees and
expenses
|
|
17.
|
Regulations
and Orders
|
|
18.
|
Saving
provisions
|
|
19.
|
Short
title and commencement
|
|
SCHEDULE
|
HEALTH CARE
(REGISTRATION) (JERSEY) LAW 1995
____________
A LAW to
make provision for the registration of persons engaged in occupations relating
to health care, and for connected purposes, sanctioned by Order of Her Majesty
in Council of the
18th day of OCTOBER
1995
____________
(Registered on the
17th day of November 1995)
____________
STATES OF JERSEY
____________
The 14th day of March 1995
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
PRELIMINARY
ARTICLE 1
Interpretation
(1) In this Law, unless the
context otherwise requires –
“applicant” means a person making application for
registration under this Law;
“the Committee” means the Public Health Committee;
“the Court” means the Royal Court;
“material date” means, in relation to a registrable
occupation, the date six months after the date on which this Law comes into
force in respect of it;
“Medical Officer of Health” means the
“Inspecteur Médical” appointed under Article 10 of the
“Loi (1934) sur la Santé Publique” or a medical practitioner acting
under his direction for the purposes of this Law;
“medical practitioner” means a medical practitioner
registered under the Medical Practitioners (Registration) (Jersey) Law 1960;
“prescribed” means prescribed by Order made by the
Committee;
“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) A reference in this Law
to an Article by number only, and without further identification, is a
reference to the Article of that number contained in this Law.
(3) A reference in an
Article or other division of this Law to a paragraph, sub-paragraph or clause
by number or letter only, and without further identification, is a reference to
the paragraph, sub-paragraph or clause of that number or letter contained in
the Article or other division of this Law in which the reference occurs.
(4) A reference in this Law
to an enactment, including an enactment of the United Kingdom, is a reference
to that enactment as mended, 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 II
REGISTRATION
ARTICLE 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 out as being entitled to engage in that
occupation, or to use or permit to be used in connexion with his business any
written words, titles or initials implying that he is registered in respect of
that occupation or that he 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 twelve months or to a fine or both.
ARTICLE 3
Qualifications
for registration
Subject to the
provisions of this Law, a person shall be entitled to be registered in respect
of a registrable occupation if he satisfies the Committee that –
(a) he was on the material
date employed in the Island in that registrable occupation and had been so
employed for a period of at least six months immediately preceding the material
date; or
(b) his name is on the
register maintained under the Professions Supplementary to Medicine Act 1960
(c.66) of the United Kingdom by the Board established under that Act for the
profession which is identical with that registrable occupation; and for the
purposes of this sub-paragraph “profession” means a profession
described in that Act or any other profession to which the provisions of that
Act are extended in accordance with section 10 thereof; or
(c) he holds a
qualification for the time being accepted for the purposes of this Article by
the Committee; or
(d) he has had training and
practical experience in the relevant registrable occupation which the Committee
considers are together sufficient to enable him to practise that occupation.
ARTICLE 4
Duration of
registration
Every
registration shall expire on the thirty-first day of December next following
the date on which it takes effect but shall be renewable annually in the manner
provided by this Law.
ARTICLE 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 Committee;
(b) contain or be
accompanied by such particulars as the Committee may require;
(c) be verified in such
manner and to such extent as the Committee may require; and
(d) be accompanied by such
fee as may be prescribed.
(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 Committee may direct that the name
of the registered person be removed from the register.
ARTICLE 6
Determination of
application for registration
(1) Notwithstanding
anything contained in Article 3, the Committee may –
(a) refuse to grant
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 he 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.
(2) Where the Committee
refuses to grant the application, or grants the application subject to
conditions, it shall furnish the applicant with a statement in writing of its
reasons for so doing.
ARTICLE 7
Mode of
registration
(1) Registration shall be
effected by the entry in the register kept for the purpose by the Medical
Officer of Health of the following –
(a) the name of the person
registered;
(b) particulars as to the
qualification by virtue of which he is registered;
(c) his postal address;
(d) the date of
registration; and
(e) such other particulars
as may be prescribed.
(2) Where
a registered person changes his address appearing in a register he shall,
within one month thereafter, send to the Medical Officer of Health a notice of
his new address.
(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.
ARTICLE 8
Removal of name
from register where registered person has ceased to practise, etc
(1) Where the Medical
Officer of Health has reason to believe that a registered person has ceased to
practise he may, and if the Committee so directs he shall, send to a registered
person by registered post to his address appearing in the register, or to the
address of his last known place of abode, an inquiry as to whether or not he
wishes to have his name retained in the register.
(2) If no reply is received
to that inquiry within six months from the date of posting thereof, or if the
letter is not delivered and is returned to the Medical Officer of Health, or if
the registered person so requests in reply to the inquiry, the Medical Officer
of Health shall remove the name of that person from the register.
(3) Notwithstanding
anything in paragraphs (1) and (2), if the Medical Officer of Health has reason
to believe that a registered person has died he may remove the name of that
person from the register.
(4) A person whose name has
been removed from the register in pursuance of this Article may apply to the
Committee to have his name restored to the register and the Committee may
direct that the name of that person shall be restored on payment of the
prescribed fee.
ARTICLE 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 Committee to be, or are to the
knowledge of the Committee, erroneous in any respect, the register shall be
amended in accordance with any direction given by the Committee.
(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.
ARTICLE 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
the Island or elsewhere, of a criminal offence which renders him 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 he 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.
ARTICLE 11
List of
registered persons to be kept
The Medical
Officer of Health shall make and keep available for inspection at his office,
during business hours, a list of registered persons showing their names and
addresses and the qualifications by virtue of which they were registered.
ARTICLE 12
Certificate of
registration
(1) Where the Committee
registers or renews the registration of any person, the Medical Officer of
Health shall issue to the registered person, free of charge, a certificate of
registration.
(2) If the holder of a
certificate ceases for any reason to be registered the certificate shall
thereupon be deemed to be cancelled.
ARTICLE 13
Penalty for
fraudulently obtaining registration
Any person who
wilfully procures or attempts to procure himself 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
twelve months or to a fine or both.
ARTICLE 14
Appeals
An applicant who
is aggrieved by the decision of the Committee –
(a) to refuse to grant his
application for registration or renewal of registration; or
(b) to register him subject
to conditions,
may appeal to the
Court within 28 days after the date of the notification of the decision of the
Committee in the matter, on the ground that the decision of the Committee was
unreasonable having regard to all the circumstances of the case.
PART III
MISCELLANEOUS
ARTICLE 15
Production of
documents
(1) The Medical Officer of
Health or a person authorized in that behalf by the Committee may require the
production of such documents as he thinks necessary in order to ensure that the
provisions of this Law are being complied with.
(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) If a person obstructs
or impedes the Medical Officer of Health or a person authorized under paragraph
(1) in the execution of his duties he shall be guilty of an offence and liable
to a fine not exceeding level 3 on the standard scale.
ARTICLE 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.
ARTICLE 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 Committee 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.
(3) An Order made under
this Law may –
(a) exempt any person or
class or 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 Committee may consider to be necessary or expedient.
(4) The Subordinate
Legislation (Jersey) Law 1960 shall apply to Orders made under
this Law.
ARTICLE 18
Saving provisions
(1) Subject to paragraph
(2), nothing in this Law shall affect or derogate from the following Laws
–
(a) “Loi
(1922) sur la santé publique (Sages-femmes)”;
(b) “Loi
(1939) sur l’exercice de la Médecine et la Chirurgie
Vétérinaires dans cette Ile”;
(c) Pharmacy, Poisons and
Medicines (Jersey) Laws 1952 to 1974;
(d) Medical Practitioners
(Registration) (Jersey) Law 1960;
(e) Dentists (Registration)
(Jersey) Law 1961;
(f) 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.
(2) A registered person
who, in the course of the registrable occupation in respect of which he 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.
ARTICLE 19
Short title and
commencement
(1) This Law may be cited
as the Health Care (Registration) (Jersey) Law 1995.
(2) This Law shall come
into force on a day or days which the States may by Act appoint and different
days may be appointed for different purposes or different provisions of this
Law.
G.H.C. COPPOCK
Greffier of the
States.
SCHEDULE
(Article 1(1))
Registrable
occupations
|
Chiropodist
|
|
Clinical
psychologist
|
|
Dietitian
|
|
Medical
laboratory technician
|
|
Occupational
therapist
|
|
Orthoptist
|
|
Physiotherapist
|
|
Psychotherapist
|
|
Radiographer
|
|
Speech
therapist
|