Medical
Practitioners (Registration) (Jersey) Law 1960[1]
A LAW to regulate the practice of
medicine in Jersey
Commencement
[see endnotes]
1 Definitions
(1) In
this Law, unless the context otherwise requires –
“Commission” means the Health and Social Care Commission
established by Article 35 of the Regulation of Care (Jersey) Law 2014[2];
“Minister” means the Minister for Health and Social Services;
“prescribed” means prescribed by Order of the Chief Minister;
“register” means the
register kept under Article 3(1);
“registered” means registered as a medical practitioner under this Law;
“registration fee” means the
registration fee determined under Article 5(3).[3]
(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.
(3) [4]
(4) [5]
2 Restrictions
on practice of medicine[6]
(1) A person shall not –
(a) represent himself or herself as being
registered unless he or she is registered and his or her registration is not
suspended;
(b) represent himself or herself as having any
qualification or authority to practise as a medical practitioner that is a
qualification or authority prescribed under Article 5A(1)(a) as a
requirement for registration, unless he or she has such qualification or
authority and, in the case of authority to practise, the authority is not
suspended;
(c) use the title “registered medical
practitioner” unless he or she is registered and his or her registration
is not suspended;
(d) represent himself or herself as having a
specialist title or specialization unless –
(i) he or she is
permitted, by a qualification or authority to practise as a medical
practitioner conferred in another country or territory, being a qualification
or authority prescribed under Article 5A(1)(a) as a requirement for
registration, to hold himself or herself out, in that country or territory, as
having that specialist title or specialization, and
(ii) the permission is not suspended in
that country or territory;
(e) practise medicine unless he or she is
registered and his or her registration is not suspended; or
(f) practise medicine otherwise than in
accordance with the conditions (if any) imposed on his or her registration.
(2) A person who contravenes paragraph (1)
is guilty of an offence and liable to a fine.[7]
3 Register[8]
(1) The
Commission shall keep a register of persons registered as medical
practitioners.[9]
(2) Upon
registering a person as a medical practitioner, the Commission shall enter in
the register the prescribed information in respect of the person.[10]
(3) The
Commission shall remove from the register the name of a
person –
(a) who
has died;
(b) who
has requested the cancellation of his or her registration under Article 8;
or
(c) whose
registration has been cancelled under Article 9.[11]
4 List
of registered medical practitioners to be kept[12]
The Commission shall ensure that a list of the names of registered medical
practitioners, showing such information regarding their qualification for
registration as may be prescribed, is published or made available for viewing
at all reasonable times by members of the public, without charge, at a place or
in a manner determined by the Commission.[13]
5 Application
for registration as a medical practitioner[14]
(1) A
person may apply to the Commission for registration under this Law as a medical
practitioner.[15]
(2) An
application for registration as a medical practitioner shall –
(a) contain
the prescribed particulars; and
(b) be
accompanied by –
(i) the
prescribed proof that the applicant fulfils the requirements prescribed under
Article 5A(1)(a), and
(ii) the registration
fee.
(3) The
Commission may determine a registration fee for the purposes of
paragraph (2)(b)(ii).[16]
5A Registration[17]
(1) The
Commission shall, after receiving an application for registration that complies
with the requirements of Article 5(2), register the applicant as a medical
practitioner if the Commission is satisfied that –
(a) the
applicant fulfils the prescribed requirements for registration; and
(b) the
application is not made within a period specified in a direction under
Article 9(3) that is in force in relation to the applicant.[18]
(2) The
Commission shall, before refusing to register an applicant as a medical
practitioner by reason of the application not complying with the requirements
of Article 5(2), give the applicant an opportunity to make his or her
application compliant with the requirements of that provision.[19]
(3) The
Commission shall not register an applicant as a medical practitioner if the Commission
is not satisfied as to the matters described in sub-paragraph (a) and (b)
of paragraph (1).[20]
(4) The
Commission shall, upon refusing an application for registration –
(a) serve
notice on the applicant of his or her decision to refuse the application and
the reasons for it; and
(b) refund
the registration fee paid by the applicant.[21]
5B Conditions of
registration[22]
(1) The
Commission may, if it she thinks it necessary to do so –
(a) to
protect members of the public;
(b) because
it is otherwise in the public interest; or
(c) in
the interests of the person,
impose a condition on the registration of a person as a medical
practitioner.[23]
(2) A
condition may be imposed under paragraph (1) at the time of, or after,
registration.
(3) A
condition imposed under paragraph (1) shall remain in force for the period
specified in the registration of the person as the period for which the
condition shall remain in force.
(4) A
period specified under paragraph (3) shall not exceed 18 months.
(5) The
Commission may, on the expiry of the period specified under paragraph (3),
make a further decision under paragraph (1) to impose the condition.[24]
(6) Before
the Commission makes a decision to impose a condition under paragraph (1),
the Commission shall give the person the opportunity to make representations.[25]
(7) The
Commission shall impose any mandatory condition of registration that is
prescribed.[26]
(8) The
Commission shall serve notice on the practitioner of any condition imposed in
the practitioner’s case, the reasons for its imposition and, in the case
of a condition imposed under paragraph (1), the period for which it shall
remain in force.[27]
5C Certificate of
registration[28]
(1) The
Commission shall issue a certificate of registration to a person who is
registered as a medical practitioner.[29]
(2) The
Commission may issue a further certificate of registration to a person who is
registered as a medical practitioner if the Commission is satisfied that the
certificate of registration formerly issued to the person has been lost, stolen
or damaged.[30]
5D Requirement
to make return[31]
A registered medical practitioner shall provide to the Commission,
at such intervals and by such dates as may be prescribed, a return in such form
and containing such information as may be prescribed.[32]
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 or she is a registered medical
practitioner, or that he or she is recognized by law as a physician or surgeon or licentiate in
medicine and surgery or a practitioner in medicine or an apothecary, he or she shall be liable to a fine.[33]
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 or other document that is required, under
Article 5(2)(b), to accompany an application for registration, or makes or
has in his or her possession any certificate or document so closely resembling
the required certificate or document as to be calculated to deceive; or
(b) obtains
or attempts to obtain registration as a medical practitioner in pursuance of
this Law by assuming the name or qualifications of another person,
he or she shall be liable in respect of each offence to a fine or to
imprisonment for a term not exceeding one year.[34]
8 Request
for cancellation of registration[35]
(1) A
person registered as a medical practitioner may, at any time, request the Commission
to cancel the person’s registration.[36]
(2) A
request under paragraph (1) shall be made in writing.
(3) The
Commission shall, upon receiving a request under paragraph (1), cancel the
person’s registration.[37]
9 Cancellation
of registration otherwise than on request[38]
(1) The
Commission shall cancel a person’s registration as a medical practitioner
if –
(a) the
person ceases to fulfil the requirements for registration prescribed under
Article 5A(1)(a);
(b) the
person’s registration under this Law was obtained by fraudulent means; or
(c) the
person has not, within 60 days of having been requested to do so by the Commission,
by notice in writing, provided to the Commission the return required by
Article 5D.[39]
(2) The
Commission may cancel a person’s registration as a medical practitioner if
the person –
(a) is
convicted (whether or not in Jersey) of an offence of a kind that, in the
opinion of the Commission, makes the person unfit to be a medical practitioner;
(b) has
failed to comply with a condition imposed under Article 5B(1) or (7) on his
or her registration;
(c) is
found by the Commission to have engaged in behaviour that constituted a
contravention of, or a failure to comply with, any term or condition of any
authority to practise as a medical practitioner by virtue of which authority
the person fulfils the requirements for registration prescribed under
Article 5A(1)(a); or
(d) is
found by the Commission to have engaged in conduct of a kind that, in the
opinion of the Commission, makes the person unfit to be a medical practitioner.[40]
(3) The
Commission may, if it has cancelled a person’s registration under
paragraph (1)(b) or (2), direct that the person shall not be registered
under Article 5A within a period, not exceeding 5 years, specified by
the Commission in the direction.[41]
(4) The
Commission shall, before cancelling a person’s registration under paragraph (1)
or (2), give the person an opportunity to make representations.[42]
(5) The
Commission shall serve on a person whose registration is cancelled under this
Article notice of –
(a) its
decision to cancel the person’s registration;
(b) its
reasons for the decision; and
(c) the
period, if any, during which, in accordance with a direction under paragraph (3),
the person shall not be registered under Article 5A.[43]
(6) The
cancellation of a person’s registration under this Article takes effect
on the service on the person under paragraph (5) of the notice of the
cancellation.
(7) If
an appeal is lodged under Article 10B against the cancellation of a
person’s registration, the Commission shall restore the person’s
registration –
(a) until
the determination of the appeal under Article 10B(4)(a) or (c); or
(b) where
the appeal is determined by referring the matter back to the Commission under Article 10B(4)(b),
until the Commission has dealt with the referred matter.[44]
(8) Paragraph (7)
does not apply if –
(a) in
the opinion of the Commission, the grounds on which the registration was
cancelled are so serious that the cancellation should continue in effect –
(i) until
the appeal in relation to it is determined under Article 10B(4)(a) or (c),
or
(ii) where the appeal
is determined by referring the matter back to the Commission under Article 10B(4)(b),
until the Commission has dealt with the referred matter; and
(b) the
notice of cancellation under paragraph (5) specifies that sub-paragraph (a)
of this paragraph applies in relation to the cancellation.[45]
10 Suspension[46]
(1) The
Commission shall –
(a) suspend
a person’s registration as a medical practitioner upon becoming aware
that the authority to practise by virtue of which the person fulfils the
requirements for registration prescribed under Article 5A(1)(a) has been
suspended; and
(b) end
a person’s suspension upon becoming aware that the person’s
authority to practise, described in sub-paragraph (a), is no longer
suspended.[47]
(2) If
the Commission is satisfied that there may be grounds for cancellation of a
person’s registration as a medical practitioner and that the
circumstances are such that, while enquiries are conducted into those grounds,
the person should not practise as a medical practitioner, the Commission may
suspend the person’s registration for a period not exceeding
3 months.[48]
(3) The
Commission may extend a suspension under paragraph (2) on one or more
occasions for, on each occasion, a period not exceeding 3 months.[49]
(4) The
Commission shall serve on a person whose registration is suspended, or whose
suspension is extended, notice of –
(a) its
decision to suspend, or extend the suspension of, the person’s
registration;
(b) its
reasons for the decision; and
(c) the
period for which the suspension has effect.[50]
(5) A
period of suspension commences on the service on the person, under
paragraph (4), of the notice of suspension.
10A Application for amendment of
direction[51]
(1) A
person whose registration is cancelled under Article 9 may apply to the Commission
to amend a direction given under Article 9(3) in relation to the person.[52]
(2) The
Commission may, after receiving an application under paragraph (1) from a
person, amend a direction given under Article 9(3) in relation to the
person.[53]
(3) The
Commission shall serve on a person notice of its decision in relation to an
application by the person under paragraph (1) and its reasons for the
decision.[54]
10B Appeals[55]
(1) A
person may appeal to the Royal Court against a decision of the Commission to –
(a) refuse
under Article 5A to register the person;
(b) impose
under Article 5B(1) a condition on the registration of the person;
(c) cancel
under Article 9 the person’s registration;
(d) give
a direction under Article 9(3) in relation to the person;
(e) suspend,
or continue the suspension of, the person’s registration under
Article 10; or
(f) refuse,
under Article 10A, to amend a direction given in respect of the person or
to amend the direction in terms other than those sought by the person.[56]
(2) An
appeal under this Article against a decision may only be made by a person
within 28 days after notice of the decision is served on the person,
unless the Royal Court determines that the period should be extended.
(3) If
the Commission has not, within the 60 day period beginning on the day
after an application is made to the Commission under Article 5A or 10A by
a person, served a notice under Article 5A(4) or 10A(3), as the case
requires, in relation to the application, the Commission shall be taken for the
purposes of this Article –
(a) to
have decided to refuse the application; and
(b) to
have served notice of the decision on the person on the day after the end of
that period.[57]
(4) The
Royal Court may determine an appeal under this Article by –
(a) confirming the decision
to which the appeal relates;
(b) quashing the decision
to which the appeal relates and referring the matter back to the Commission for its decision in
accordance with the law; or
(c) making any decision
that the Commission could have made under Article 5A, 5B(1), 9, 10 or 10A, as the
case may be.[58]
(5) The
Royal Court may make the additional orders it thinks appropriate, including
ancillary orders and orders as to costs.
10C Fitness to
practise[59]
(1) The
Minister may by Order, for the purpose of facilitating the continuance, in
another country or territory, of any authority to practise by virtue of which
medical practitioners are registered, make arrangements for the evaluation of
the fitness to practise of all or any class of registered medical
practitioners.
(2) Before
making an Order under this Article, the Minister shall consult with such bodies
or organizations in Jersey as appear to the Minister to be representative of
any class of registered medical practitioners to which the Order would apply.
(3) An
Order made under paragraph (1) may in particular, but not by way of
limitation –
(a) classify
registered medical practitioners for the purposes of the arrangements described
in paragraph (1);
(b) provide
for the appointment of one or more persons to direct the arrangements described
in paragraph (1) in relation to all or any class of registered medical
practitioners and specify the name by which a person appointed shall be known;
(c) specify
the responsibilities of a person appointed in relation to the evaluation of the
fitness to practise of a class of registered medical practitioners;
(d) require
a person appointed to co-operate with any authority or organization outside
Jersey that has responsibility for the issuing, suspension or withdrawal of any
authority to practise by virtue of which a person is registered, or eligible to
be registered, in Jersey;
(e) require
a person appointed to have regard to guidance issued by a body specified in the
Order; and
(f) confer
on a person appointed such powers as are appropriate to enable that person to
discharge the responsibilities imposed on him or her by the Order.
(4) An
Order made under paragraph (1) may –
(a) create
offences punishable by a fine of up to level 3 on the standard scale; and
(b) create
other procedures or apply, with modifications, existing procedures in other
enactments for enforcing any provision of the Order.[60]
(5) In
particular, an Order made under paragraph (1) may, pursuant
paragraph (4)(b), apply Article 30 of the Health Insurance (Jersey)
Law 1967[61], with modifications, for the
purposes of the Order.
(6) An
Order made under paragraph (1) may, subject to paragraphs (7) to
(11) –
(a) enable
a person appointed to require another person to supply information or produce
any document which appears relevant to the discharge of the responsibilities of
the person appointed; and
(b) enable
a person appointed to apply to the Royal Court for an order requiring the
information to be supplied or the document produced.
(7) An
Order made under paragraph (1) shall not confer any power for a person
appointed to require another person to supply information or produce any
document, the supply or production of which is prohibited by any enactment.
(8) However,
if a prohibition in another enactment operates only because information that is
capable of identifying an individual is contained in the document, or forms
part of the information, referred to in paragraph (6), the Order may
empower a person appointed to require that the information be put into such a
form as to prevent identification of the individual.
(9) An
Order made under paragraph (1) may further provide that, for the purpose
of determining whether a disclosure is not prohibited, by reason that it is permitted
by Article 63 of the Data Protection (Jersey) Law 2018[62], there shall be an
assumption that the disclosure is required by the Order.[63]
(10) An Order
made under paragraph (1) shall not confer any power for a person appointed
to require another person to supply information or produce a document that the
person could not be compelled to supply or produce in civil proceedings before
the Royal Court.
(11) An Order
made under paragraph (1) that confers power for a person appointed to
require another person to supply information or produce a document –
(a) shall –
(i) specify
the uses to which the information or documents so obtained may be put, and
(ii) restrict the
persons to whom the information or documents so obtained may be released; and
(b) may,
subject to sub-paragraph (a), require a person appointed to release the
information or documents in such circumstances, for such purposes and to such
persons, as are specified in the Order.
(12) A
reference in this Article to a person appointed is a reference to a person
appointed for the purposes described in paragraph (3)(b).
11 Saving for employment in hospitals[64]
(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 Minister for Health and
Social Services if he or she satisfies such requirements and complies with such
conditions as may be prescribed for the purposes of this Article.[65]
(2) The
Minister for Health and Social Services shall enter, in a list to be kept for
that purpose, the name of any person employed by virtue of paragraph (1)
and, on his or her ceasing to be so employed, his or her name shall be removed
from the list.
(3) The
list kept in pursuance of paragraph (2) shall be available for inspection
at all reasonable times.
(4) A person
who is employed by virtue of paragraph (1) 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 or she is employed or
conveniently near thereto and is by the terms of his or her employment required
to be so resident.
12 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 Jersey 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.
12A Orders[66]
The Chief Minister may, by Order –
(a) prescribe
any matter that shall or may be prescribed under this Law;
(b) make
provision as to the documents that may be admitted in proceedings under this
Law as proof that a person –
(i) fulfils
the prescribed requirements for registration under Article 5A, or
(ii) is
permitted to hold himself or herself out as having a specialist title or
specialization;
(c) make
provision as to the manner in which any notice to be served under this Law
shall or may be served; and
(d) make
transitional provisions and savings for the purposes of the commencement of any
amendment to this Law.
13 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 Article 1(1)
of the Loi (1919) sur le traitement
des maladies vénériennes,[67] 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.
14 Citation
This Law may be cited as the Medical Practitioners (Registration)
(Jersey) Law 1960.