Medical Council Act


Part III- Registration

( 20) Registers

1. The Registrar shall keep -

(a) a register of general practitioners;

(b) a register of specialists

(c ) a register of pre-registration trainees;

(d) a register of temporarily registered general practitioners and specialists; and

(e) such other register as the Council may determine.

2. The Registrar shall enter in the appropriate register -

(a) the names, addresses, qualifications and other particulars of every person who is - (i) registered as a general practitioner.

(ii) registered as a specialist;

(iii) undergoing pre-registration training in the Republic of Mauritius ; or

(iv) temporarily registered as a general practitioner or specialist;

(b) any alterations in the names, addresses, qualifications and other particulars of registered persons;

(c) an annotation as to whether a registered person -

(i) has died;

(ii) has been struck off as a general practitioner or specialist by the Council;

(iii) has been suspended from practicing medicine; or

(iv) has left Mauritius with the intention of settling abroad.

 

( 21) Application for registration

1. Every person who wishes to be registered under section 20 shall apply in person to the Registrar in such form as may be prescribed.

2. An applicant under subsection(1) shall submit with his application -

(a) in the case of a general practitioner, the original or a certified copy of his diploma in medicine;

(b) in the case of a specialist, the original or a certified copy of his specialist qualification.

(c) a certified translation in English or French of his diploma in medicine or specialist qualification;

(d) evidence of any pre-registration training, where he has completed a pre-registration training;

(e) his birth certificate;

(f) other acceptable evidence of his identity;

(g) such other particulars as the Council may require, including evidence of appropriate linguistic skills after proficiency tests.

3. Where the Registrar is satisfied that an applicant qualifies for registration under this Act, he may, with the approval of the Chairperson, cause the name of the applicant to be entered in the appropriate register and inform the Council accordingly.

4. Notwithstanding subsections(2)(a) and (2)(b), the Registrar may subject to such conditions as the Chairperson may determine, register an applicant if the applicant produces evidence to the satisfaction of the Chairperson that the applicant has obtained a diploma in medicine or a specialist qualification.

5. Where the Registrar does not register an applicant under subsection (3) or (4), the Registrar shall refer the application to the Council for its decision.

6. Where the Council refuses an application, the Registrar shall notify the applicant accordingly, stating the reasons for the refusal.

 

(22) Registration of general practitioner

A person may be registered as a general practitioner if –

(a) he is a citizen of the Republic of Mauritius ;

(b) he holds a diploma in medicine;

(c) he establishes to the satisfaction of the Council that he has undergone not less than one year practical (including clinical) training in medicine.

(d) he is of good character and has not been convicted of an offence in any country involving fraud or dishonesty.

(e) he has not been disqualified from practice as a general practitioner in any country.

(f) he has not in any country been removed from the list of general practitioners on account of professional misconduct or negligence;

(g) he does not suffer from any mental or physical incapacity which will hamper the discharge of his duties;

(h) he has successfully undergone such examination or assessment as Council may deem fit for the purpose of determining whether he possesses adequate professional knowledge and linguistic skills and;

(i) he has paid such fee as may be prescribed by the Council.

 

(23) Registration of specialists

A person may be registered as a specialist if –

(a) the person is registered as a general practitioner in Mauritius ;

(b) he holds a specialist qualification

(c) he establishes to the satisfaction of the Council that he has, after obtaining his specialist qualification, undergone not less than one year of practical (including clinical) training under the supervision of one or more specialists who has not less than ten years' practical (including clinical) experience in the field in which the person has specialized;

(d) he has successful undergone such assessment as the Council may deem fit for the purpose of determining whether the person possesses adequate professional knowledge and skills in the field in which the person has specialized; and

(e) he has paid such fees as may be prescribed by the Council.

 

( 24) Pre-registration trainees

1. The Council may require a person applying for registration as a general practitioner under section 21 to undergo such training as it may determine before registering him.

2. The person applying for registration as a general practitioner who is required to undergo the training referred to in subsection (1) shall be registered as a pre-registration trainee.

3. Where a person who holds a diploma in medicine is required by the country, or the medical institution where he qualified, to complete a course of training, without which training he would not be eligible for registration as medical practitioner in that country, he may be registered as a pre-registration trainee until he has completed such course of training in a institution approved by the Council.

4. Every student in medicine who is undergoing pre-qualification training in the Republic of Mauritius must inform the Council in writing, giving such particulars as the Council may require.

 

( 25) Examination and assessment

1. The examination and assessment referred to under sections 22 and 23 respectively shall be conducted by a board the appointment and composition shall be prescribed by regulations.

2. The Council may for the purpose of an examination or assessment charge such fee as may be prescribed.

 

( 26) Temporary registration of non-citizens.

1. Notwithstanding section 22(a), a non- citizen may be temporarily registered as a general practitioner if -

(a) he holds a work permit or is exempted from holding a permit under the Non- Citizens (Employment Restriction Act);

(b) he satisfies the requirements set out in paragraphs (b) to (h) of section 22 and;

(c) he has paid the fee prescribed by the Council.

2. A non-citizen may be temporarily registered as a specialist -

(a) he satisfies the requirements set out in paragraphs (b), (c) and d) of section 23; and

(b) he has paid the fee prescribed by the Council.

 

( 27) Temporary registration of visiting medical practitioner.

(1) A medical practitioner who -

(a) is engaged in the Republic of Mauritius in the implementation of a Government scheme agreed upon by Government and the World Health Organisation or other similar international agency.

(b) is visiting the Republic of Mauritius and has been invited to offer his services under a scheme approved by the Ministry; or

(c ) is visiting the Republic of Mauritius for the purpose of teaching, research or study in a medical field under such scheme as may be approved by the Government,

may be temporarily registered as a general practitioner under this Act.

(2) Any medical practitioner of any visiting force and ship lawfully present in the Republic of Mauritius shall be exempted from registration for the discharge of his duties.

(3) A medical practitioner registered under subsection(1) shall be exempted from the payment of any fee.

 

(28) Certificate of registration

(1) The Registrar shall issue to every person registered under this Act a certificate of registration in such form as the Council may prescribe.

(2) The Registrar may issue to a registered person a duplicate certificate if he is satisfied that the registered person has lost his certificate of registration.

 

(29) Additional qualifications

Where after registration, a registered person obtains a qualification from a medical institution, the Council may, on application made to it, add the qualification to the register if the Council is satisfied that the qualification is an appropriate qualification to be included in the register.

 

(30) Annual list

(1) The Council shall, not later than 15 February of every year, publish in the Gazette , an annual list.

• Notwithstanding section 37, a person shall not –

(a) practise medicine as, or profess to be, a general practitioner;

(b) practise as, or profess to be, a specialist,

unless his name is on the annual list.

• Every general practitioner or specialist who wishes to have his name on the annual list shall –

• in the case of a newly registered general practitioner or specialist, on registration;

• in any other case, not later than 31 January in every year,

pay to the Council such fee as may be prescribed.

• The Registrar shall on receipt of the fee under subsection(3), enter the name of the general practitioner or specialist in the annual list.

• A general practitioner or specialist who fails to comply with subsection (3) (b) may apply to the Council to have his name added to the annual list.

• A general practitioner or specialist who makes an application under subsection (5), shall state in writing the reason why he was unable to comply with subsection (3) (b).

• Where a general practitioner or specialist makes an application under subsection(5), the Council may, if it is satisfied that there are reasonable grounds to explain his failure to comply with subsection (3) (b), cause the name of the general practitioner or specialist to be added to the annual list on payment of such fees as may be prescribed by the Council.

• Any person who contravenes subsection (2) commits an offence.