Medical Practitioners (Registration) (Jersey) Law 1960

Jersey Law 10/1960 MEDICAL PRACTITIONERS (REGISTRATION) (JERSEY) LAW, 1960. ____________ 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. ____________ (Registered on the 9th day of July, 1960). ____________ STATES OF JERSEY. ____________ The 16th day of February, 1960. ____________ T HE 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]; 1 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] 2 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.] 3 (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 [(4) In this Article “the register” means the register of medical practitioners kept in pursuance of section three of the Medical Act 1969.] 5 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]; 6 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.] 7 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” 8 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”, 9 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. 1 Words substituted by Medical Practitioners (Registration) (Amendment No. 2) (Jersey) Law, 1978 (Volume 1979–19—, page 107). 2 Word substituted by Medical Practitioners (Registration) (Amendment No. 2) (Jersey) Law, 1978 (Volume 1979–19—, page 107). 3 Words inserted by Medical Practitioners (Registration) (Amendment No. 2) (Jersey) Law, 1978 (Volume 1979–19—, page 107). 4 Volume 1939–1945, page 135. 5 Paragraph substituted by Medical Practitioners (Registration) (Amendment No. 2) (Jersey) Law, 1978 (Volume 1979–19—, page 108). 6 Words inserted by Medical Practitioners (Registration) (Amendment) (Jersey) Law, 1965 (Volume 1963–1965, page 421). 7 Article inserted by Medical Practitioners (Registration) (Amendment) (Jersey) Law, 1965 (Volume 1963–1965, page 421). 8 Volume 1939–1945, page 133. 9 Tomes IV–VI, page 519.