Medical and Dental Practitioners Act

Section Interpretation Section In this Act, unless the context otherwise requires— " active practice " means the regular management of medical or dental conditions by a medical or dental practitioner in public or private practice ; " chairperson " means the chairperson of the council appointed under section 4 (1)(a); " council " means the Medical and Dental Practitioners Council established under section 2 ; " dentist " means a person who qualifies to practise dentistry under this Act; " drug " means any substance or preparation used or intended to be used for internal or external application to the human body either in treatment of disease or for improving physiological functions; " Gazette " means the Uganda Gazette and includes the Gazette Extraordinary; " health unit " includes a private hospital, clinic, nursing home , maternity centre or other specialised establishment as well as Government units of the same nature; " internship " means the prescribed period of supervised practice from the time a practitioner obtains the first degree to the time of satisfying the supervisor that the practitioner is competent; " minimum continuing education " means the attendance by a medical...

Section Establishment of the council Section There is established a council to be known as the Medical and Dental Practitioners Council which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, subject to this Act, may do or suffer all other things and acts as bodies corporate may lawfully do or suffer. The seal of the council shall be authenticated in the manner provided under the First Schedule.

Section Functions of the council Section The functions of the council shall be— to monitor and exercise general supervision and control over and maintenance of professional medical and dental educational standards, including continuing education; to promote the maintenance and enforcement of professional medical and dental ethics; to exercise general supervision of medical and dental practice at all levels; to exercise disciplinary control over medical and dental practitioners; to protect society from abuse of medical and dental care and research on human beings; to advise and make recommendations to the Government on matters relating to the medical and dental professions; to exercise any power and perform any duty authorised or required by this Act or any other law; to disseminate to the medical and dental practitioners and the public, ethics relating to doctor-patient rights and obligations; and for the purposes of discharging its functions under this Act, to perform any other function or act relating to medical or dental practice as the Minister may direct.

Section Composition of the council Section The council shall consist of— persons representing their respective bodies all of whom shall be appointed by the Minister on the recommendation of the respective bodies represented by them as follows— the chairperson , who shall be a senior practitioner appointed by the Minister ; the director general of health services; two representatives of the faculties of medicine of all the universities established by law in Uganda; two representatives of the Uganda Medical Association; one representative of the Uganda Dental Association; one private practitioner representing the Uganda private medical and dental practitioners. The registrar shall be the secretary to the council and as such shall participate in the deliberations of the council but shall have no right to vote. A member of the council shall hold office for a term of three years from the date of appointment and shall be eligible for reappointment. A member of the council may resign his or her office by writing under his or her hand addressed to the chairperson and in the case of the chairperson addressed to the Minister , or may be removed from office by the Minister for inability to pe...

Section Meetings of the council Section The meetings of the council shall be as is provided under the First Schedule to this Act, and the Minister may by statutory instrument amend the First Schedule.

Section Other staff Section The council may employ other officers and employees as may be necessary for the proper and efficient discharge of its functions and the functions of the secretariat. The council may with the approval of the Minister regulate the manner of appointment, terms and conditions of service and the discipline of its employees. Public officers may be seconded to the service of the council or may otherwise give assistance to the council .

Section Secretariat Section The functions of the secretariat shall be— The council shall have a secretariat to assist it in carrying out its functions. to implement the decisions of the council ; to recommend proposals for the formulation of policies of the council and to implement those policies adopted by the council ; to establish and maintain relationships with national , regional and international organisations, institutions and agencies as may be appropriate for facilitating the implementation of the policies and the carrying out of the functions of the council ; to carry out other functions within the functions of the council as the council may direct.

Section Registrar of the council Section The registrar shall be— The office of registrar shall become vacant— There shall be a registrar of the council who shall be a public officer appointed by the Health Service Commission from among the registered practitioners. the chief executive officer and head of the secretariat; the secretary of the council and its committees. if the registrar resigns his or her office by writing under his or her hand addressed to the Health Service Commission; if, in the opinion of the council , the registrar becomes incapable of performing the duties of his or her office and the council recommends to the Health Service Commission his or her removal from office; or if the registrar is found guilty of misconduct by the council , as a practitioner or in relation to his or her office as registrar .

Section Functions of the registrar Section The functions of the registrar shall be— to remove from the register — to keep and maintain, on behalf of the council , registers of medical and dental practitioners in the forms set out in the Second Schedule; to make necessary alterations and corrections in the registers in relation to any entry as may be directed by the council ; the name of any person ordered to be removed in accordance with this Act; the name of a deceased practitioner ; any entry which might have been incorrectly or fraudulently made in the register ; with the consent of the person concerned, the name of a person who has ceased to practise; to reinstate any name removed from the register at the request of the person concerned and payment of the prescribed fee; on behalf of the council , to inspect and have full access to all medical and dental health units, acting in accordance with the provisions of this Act; to record or cause to be recorded all minutes of meetings of the council and its committees and to keep all records and documents of the council ; to have the custody of the seal of the council ; to carry on any other function that may be conferred on him or he...

Section Deputy registrar Section The council shall have a deputy registrar who shall be appointed in the same manner as the registrar and hold office on similar terms and conditions. The deputy registrar shall perform such duties as may be assigned to him or her by the registrar and shall deputise the registrar in all his or her duties and in the absence of the registrar shall perform the duties of the registrar .

Section Funds of the council Section The funds of the council shall consist of— subventions received from the Government or other bodies; grants, gifts and donations received from the Government, organisations or other bodies; fees and other monies payable to the council for services rendered by it; and monies that may become payable to or vested in the council in any manner, or in relation or incidental to the carrying out of its functions. The council shall operate a bank account in a bank it may determine, and the account shall be operated in the manner decided by the council .

Section Financial year of council Section The financial year of the council shall be in respect of each accounting period the twelve months ending on the 30th day of June.

Section Estimates Section The council shall, within three months before the end of each financial year, cause to be prepared and submitted to the Minister for approval, estimates of income and expenditure of the council for the next ensuing financial year. No expenditure shall be made out of the funds of the council unless the expenditure has been approved by the Minister under subsection (1).

Section Accounts Section The council shall cause to be prepared in respect of each financial year, not later than three months after the close of the financial year, a statement of account which shall include a report on the performance of the council during the financial year comprising— The council shall keep proper books of account of all its income and expenditure and proper records in relation to them. a balance sheet and a statement of income and expenditure; and any other information in respect of the financial affairs of the council as the Minister responsible for finance may require.

Section Audit Section The accounts of the council shall, in respect of each financial year, be audited by the Auditor General or an auditor appointed by him or her. The council shall ensure that within four months after the expiry of each financial year a statement of account prepared under section 14 is submitted to the Auditor General. The Auditor General or an auditor appointed by him or her shall have access to all books of account, vouchers and other financial records of the council and be entitled to have any information and explanation required by him or her in relation to the above as he or she may require. The Auditor General shall, within two months after receipt of the statement of account under subsection (2), audit the accounts and deliver to the council and the Minister a copy of the audited accounts together with his or her report on those accounts stating any matter which in the opinion of the Auditor General should be brought to the attention of the council and the Minister .

Section Report to Parliament Section The Minister shall, within three months after receiving them, submit to Parliament— the audited accounts of the council submitted to him or her by the Auditor General under section 15 ; and a report of the activities of the council in respect of that year submitted to the Minister by the council .

Section Eligibility for registration Section A person holding any of the following minimum qualifications shall be eligible for registration in the appropriate category to which his or her qualifications relate— a degree of Bachelor of Medicine, Bachelor of Surgery or Bachelor of Dental Surgery granted by a university established in Uganda by law; a medical or dental qualification recognised by the council for the purposes of registration. In addition to the qualifications provided under subsection (1), a person applying for registration shall satisfy the council that he or she has acquired experience by satisfactorily serving a full-time internship in a hospital approved by the council . In the case of a person holding a qualification other than a qualification obtained from a university established in Uganda by law, the council may accept experience it may consider to be equivalent to the experience specified under subsection (2) if that person produces a certificate of registration which entitled him or her to practise in that country where he or she was registered. Where a person applying for registration is not a citizen of Uganda and has a qualification obtained from a univer...

Section Recognition of other qualifications Section The council may, taking into account the entrance requirements, the curriculum followed and, where possible, the professional standards exhibited by persons holding qualifications of the medical or dental school awarding the qualification under consideration, recognise qualifications other than qualifications awarded by a university established in Uganda by law, for purposes of registration under this Act. Qualifications recognised under subsection (1) shall be published in the Gazette as soon as the council recognises them, and the registrar shall after the 1st day of January and not later than the 31st day of March in each year cause to be published all such qualifications in the Gazette . The council may, at any time if professional standards so require, withdraw its recognition of qualifications under subsection (1). Where the council withdraws its recognition under subsection (3), the withdrawal shall not affect the registration of an already registered medical or dental practitioner or that of any provisionally or temporary registered person of the entitlement to remain on the register and to continue to practise.

Section Registers and publication in the Gazette Section The registrar shall maintain or cause to be maintained the following registers— a main register of medical and dental practitioners in Form 1 set out in the Second Schedule; a provisional register of medical and dental practitioners in Form 2 set out in the Second Schedule; a temporary register of medical and dental practitioners in Form 3 set out in the Second Schedule; a register for specialist medical and dental practitioners in Form 4 set out in the Second Schedule; a register of health units in Form 5 set out in the Second Schedule; a register of medical and dental practitioners licensed to engage in active public or private practice in Form 6 set out in the Second Schedule. The registrar shall as soon as convenient after the 1st day of January and in any case not later than the 31st day of March in each year cause to be published in the Gazette all up-to-date registers maintained under subsection (1). The registrar shall as often as is convenient publish in the Gazette lists of persons and health units that have been registered in between the annual publication of updated registers. The Minister may, on the advice of th...

Section Person whose qualification not recognised Section Where a person holds a qualification which is not recognised by the council or which is not awarded by a university established in Uganda by law, he or she may apply to the council , and the council may make arrangements for that person to attend an interview and sit for an oral or written examination or both for the purpose of having his or her qualification recognised by the council . The council may, after interviewing or examining a person under subsection (1), direct that person to undergo a period of training or undertake further examination as it may specify. The council shall authorise the registration of a person if it is satisfied with the results of an interview or examination under subsection (1) or when the conditions given under subsection (2) are fulfilled to its satisfaction. The council may appoint a committee from among its members or some other registered persons to assess the suitability for registration of a person under this section, and the committee shall submit its findings and recommendations to the council for the council ’s decision.

Section Application for registration Section Any person who qualifies to be registered as a medical or dental practitioner may apply to the council for registration, and the council , if satisfied that the applicant is eligible for registration, shall authorise the registrar to enter his or her name on the register . An application for registration shall be in the prescribed form, and every application shall be accompanied by documentary proof of the qualifications of the applicant together with the prescribed fees. The registrar shall not register in the medical or dental register the name of any person whose name has been removed from a similar register of any country on grounds of misconduct on the part of that person without the council making further inquiry satisfying itself that the individual should be registered.

Section Certificate of registration Section On the registration of a medical or dental practitioner the registrar shall issue to the person registered, sealed with the seal of the council , a certificate of registration in the Forms A1 to A4 set out in the Third Schedule.

Section Provisional registration Section A person who does not qualify to be registered by reason only that he or she does not have the experience required under section 17 (2) may apply to the council for provisional registration . Provisional registration shall cease to have effect when a provisionally registered medical or dental practitioner is fully registered.

Section Registered person to practise medicine or dentistry Section A person registered or provisionally registered as a medical practitioner under this Act may engage in medical practice. A person registered or provisionally registered as dental practitioner under this Act may engage in dental practice.

Section Removal from register Section The council may, after inquiry, cause to be removed from the medical or dental register the name of any registered or provisionally registered person— who is convicted by any court of law of a criminal offence involving moral turpitude; who is found guilty of professional misconduct by the council ; whose name has been removed from the medical or dental practitioners register of any other country or who is suspended from practice. Where the name of any person is removed from the register in accordance with this section, the registration of a health unit or specialised establishment under his or her name shall also, by virtue of the removal, lapse unless it is registered in partnership with another practitioner or until such time as another practitioner is registered in respect of those premises

Section Restoration of name after removal Section The council may, of its own motion or on the application of the person whose name has been removed from the register and after holding such inquiry as the council may consider desirable, cause the name of that person to be reinstated on the register on payment of a fee, as the council may determine. Where the name of a person is reinstated in accordance with subsection (1), the council may restore the registration of the medical clinic, dental surgery or specialised establishment that may have lapsed and may impose a period of supervision or any other conditions it deems fit.

Section Private practice without a licence prohibited Section A person shall not engage in private practice without holding a practising licence issued under this Act. A person contravening this section commits an offence and is liable on conviction to a fine of not less than two hundred thousand shillings and not more than three million shillings or to a term of imprisonment of not less than three months and not more than three years or to both.

Section Licensing of private practice Section A registered medical or dental practitioner may apply to the council for a licence to engage in private practice either as a general medical or dental practitioner or as a specialist in his or her area of specialisation. An application for a licence under subsection (1) shall be accompanied by a copy of the certificate of registration. The council may, if satisfied that the applicant possesses the necessary qualifications, authorise the grant of a licence for private practice in Form B set out in the Third Schedule, subject to such conditions as the council may consider fit. No licence for private practice shall be granted under this section for a person to practise independently as a full-time medical or dental practitioner in a private practice , unless the council is satisfied that he or she has for a period of not less than three years subsequent to registration as a medical or dental practitioner acquired experience by having rendered satisfactory service in full-time employment in a hospital or health unit approved by the council or has obtained equivalent experience in a similar institution. The licence for private practice grant...

Section Registration of health units Section Notwithstanding subsection (2)— On and after the coming into force of this Act, every person or body who or which intends to open a private health unit shall apply to the council for the registration of the health unit . The council may, after making such inquiry as it considers necessary, and receiving a fee determined by the council , authorise the registration of the specific health unit ; and upon registration, the health unit shall be licensed under this Act, and a licence shall be issued as set out in Form C in the Third Schedule. At the discretion of the council and subject to conditions that the council may determine, the registrar may register a private dispensary or maternity home operated by a medical assistant, nurse or midwife, as the case may be, exclusively for the use of a body corporate of an institution but under the supervision of a registered medical practitioner . public health units shall not pay the prescribed fee; and health units which have been established for twenty or more years may not pay the prescribed fee. The licence for a private health unit issued under subsection (2) shall be valid for the calendar yea...

Section Particulars of health units to be published in the Gazette Section The council shall cause to be published in the Gazette soon after registration is authorised and a licence issued in respect of a health unit — the name, address, qualifications and the date of registration of the medical or dental practitioner supervising the health unit ; the conditions, if any, attached to the licence; the name and address of the health unit ; the medical or dental practitioner in whose name the health unit is registered.

Section Control of operation of private health units Section No person shall operate a private health unit or consulting room registered under this Act unless there is in attendance a registered medical or dental practitioner , as the case may be, to exercise personal supervision over its operation. Notwithstanding subsection (1), a health unit may operate in the absence of a registered practitioner for the purpose of making appointments or dressing and administering follow-up treatments. A medical or dental practitioner shall not, except with a special licence or permission, engage in stockpiling, retailing or wholesaling of drugs at his or her health unit .

Section Inspection of health units Section The registrar or any medical or dental practitioner authorised by the council shall for the purpose of certifying that the provisions of this Act are complied with enter and inspect any health unit with the assistance of a law enforcement officer if necessary. If in the opinion of the person who made the inspection any action against the health unit is necessary, he or she shall submit a report to that effect to the council at the earliest opportunity. On receipt of a report made under subsection (2), the council may, after making or causing to be made such inquiry as is considered necessary and after affording an opportunity to the owner of the health unit to be heard, take action as it may consider fit.

Section Inquiry into professional misconduct Section The council shall hold an inquiry where it receives an allegation which, if proved, would constitute professional misconduct on the part of a registered practitioner under this Act.

Section Procedure of inquiry Section For purposes of holding an inquiry under this Act, the registrar , in consultation with the chairperson , shall convene a meeting of the council . A notice in writing signed by the registrar indicating the date, place and time of the inquiry shall be served personally on or sent by registered post or courier to the person whose conduct is the subject of inquiry at least twenty-one days prior to the date of inquiry. The notice under subsection (2) shall specify particulars of the alleged misconduct to be inquired into and shall be accompanied by a copy of any document to be produced in evidence at the inquiry, and any such document shall be available for public inspection at all reasonable times at the office of the registrar . A person whose conduct is the subject of inquiry shall be entitled to be present and to be represented by an advocate of his or her own choice in respect of the inquiry. Where a person whose conduct is the subject of inquiry fails without reasonable cause to appear and the council is satisfied that the provisions of subsection (2) have been complied with, the council may proceed with the inquiry in his or her absence. The...

Section Legal advice to the council at inquiry Section Where an advocate appointed under subsection (1) advises the council on any question of law— The council may appoint an advocate to assist it in the conduct of an inquiry and for purposes of advising the council on any question of law arising or likely to arise in the inquiry, and that advocate shall be a person who has been entitled to practise for not less than six years. prior to the commencement of the council ’s proceedings, the advice tendered shall be given in the presence of the person whose conduct is the subject of inquiry and his or her advocate, if any, or when either of them is present; if the council commences or conducts any of its proceedings in the absence of the person whose conduct is the subject of inquiry and his or her advocate, if any, that person or his or her advocate shall be informed of the advice; the person whose conduct is the subject of inquiry or his or her advocate shall be informed during the inquiry if the council does not accept the advice of the advocate.

Section Notification of decision to person concerned Section Within thirty days after the conclusion of an inquiry, the registrar shall notify the person concerned in writing of the decision of the council .

Section Publication of decision of the council Section The council may direct, in a manner that it deems fit, the publication of a report and the decision of any inquiry held by it.

Section Appeal to High Court Section A person aggrieved by the decision of the council in any inquiry may, within ninety days from the date of notification of the decision of the council , appeal to the High Court against the decision; and the High Court may confirm, annul or vary the decision as it thinks fit. The Chief Justice may make rules regulating appeals to the High Court under this Act.

Section Committees of the council Section For better carrying out of its functions, the council may appoint such committees composed of its members, or its members and other persons, as it may consider necessary. A committee appointed under subsection (1) shall deliberate on any matter assigned to it by the council and make recommendations to the council . The chairperson of a committee under this section shall be appointed from among the members of the council .

Section Additional qualifications Section A person registered under this Act who has acquired additional qualifications approved by the council may, on payment of a prescribed fee, have the additional qualifications included in the register .

Section Publication prima facie evidence Section The publication of the lists in the Gazette as provided in section 19 shall be prima facie evidence that— a person whose name appears therein is registered as indicated in the Gazette ; the health unit , mentioned in the Gazette at the time of publication, is duly registered under this Act; the absence of the name of any person or health unit from the relevant list means that a person or health unit is not registered under this Act. A copy or extract from a register certified under the hand of the registrar shall be received in evidence in a court of law.

Section Charges Section A registered medical or dental practitioner may demand reasonable charges— for medical, surgical or dental advice given; for the attendance or treatment rendered; for the performance of any medical, surgical or dental appliances; or for any drugs prescribed or supplied, For the avoidance of doubt, a person who is not registered under this Act shall not demand any charges under subsection (1).

Section Authorised person to give medical or dental treatment Section A person authorised to give medical or dental treatment under subsection (1) shall not be allowed— A person authorised by the director general of health services may give medical or dental treatment in a Government medical institution after undergoing appropriate training. to possess or use any drugs, instruments or appliances other than those authorised by the director general of health services; or to charge or receive any fee or other consideration for the treatment rendered to a person.

Section Registered practitioner to undertake minimum continuing medical or dental education Section The council may— Every practitioner engaged in active public or private practice shall be required to undergo a minimum continuing medical or dental education prescribed and organised by the council . No practitioner shall remain on the register maintained under section 19 (1) unless he or she has undergone a minimum continuing education under subsection (1), and failure to comply with subsection (1) shall constitute a ground for disciplinary action. delegate its powers under subsection (1) to— (i) the Uganda Medical Association; (ii) the Uganda Dental Association; or (iii) any other dental or medical association it may deem fit; recognise any minimum continuing education taken by a practitioner from outside Uganda.

Section Notification of death of practitioner Section The chief administrative officer of every district or area, in the performance of his or her duties under the Births and Deaths Registration Act, shall, on receiving a report of the death of any registered or provisionally registered medical or dental practitioner , notify the registrar of the death in writing.

Section Regulations Section The Minister may, on the recommendation of the council , make regulations generally for better carrying out the provisions of this Act and, without prejudice to the generality of the foregoing, the Minister may— prescribe the fees to be prescribed under this Act, including the fees payable for any registration under this Act; prescribe the application forms that may be necessary; prescribe any other form to be issued under this Act; amend the Schedules to this Act.

Section Offences and penalties Section Any person who— having been summoned by the council fails— wilfully and falsely uses any name or title implying a qualification to practise medicine, surgery, dentistry; not being registered or authorised under this Act practises whether openly or impliedly as a medical or dental practitioner ; wilfully procures or attempts to procure himself or herself to be registered under this Act by false or fraudulent representation either verbally or in writing; to attend as a witness; to produce any books or documents which he or she is required to produce without reasonable cause; refuses, without lawful excuse, to answer any question put to him or her in the course of the proceedings of the council ; or contravenes any other provision of this Act,