Medical Practitioners and Dentists Act
- Assented to on 28 August 1987
- Commenced on 5 February 1988
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Medical Practitioners and Dentists Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Council” means the Medical Council of Malawi established by section 3;“dentist” means a person registered as such under section 17;“medical practitioner” means a person registered as such under section 17;“member” in relation to the Council means a member thereof appointed, elected, or ordained under section 4 (1) or (4) or section 6;“Registrar” means the Registrar to the Council appointed under section 13;[30 of 1991]
Part II – The Medical Council of Malawi
3. Establishment of the Medical CouncilThere is hereby established a council to be known as the Medical Council of Malawi, which shall be a body corporate having perpetual succession and a common seal and shall, under that name, be capable of suing and being sued and of purchasing or otherwise acquiring, holding and alienating movable or immovable property and, subject to the provisions of this Act, of performing all such acts as bodies corporate may by law perform.
4. Composition of the Council
5. Vacation, etc., of members from office
6. Filling of vacancies on the CouncilOn vacation of office by a member of the Council, the vacancy shall be filled by a person appointed or elected in accordance with the relevant provisions of section 4(1) under which the former member was appointed or elected:Provided that if the remaining period is less than six months, then—(a)in the case of an appointed member, the Minister may decide not to have the vacancy filled until the expiry of the period; and(b)in the case of an elected member, it shall not be necessary to hold an election and the Council may, if it sees fit, either decide not to have the vacancy filled or to co-opt a person to fill the vacancy until the expiry of the remaining period.
7. Co-opted personsThe Council may in its discretion at any time and for any length of period invite any person, and the Minister may in like manner nominate any officer in the public service, to attend any meeting of the Council and take part in the deliberations of the Council, but such person or officer shall not be entitled to vote at that meeting.
8. Chairman and Vice-Chairman
8A. Executive Committee of the Council
Part III – Meetings of the Council
9. Meetings of the Council
Part IV – Functions and powers of the Council
10. Functions of the CouncilThe Council shall be the sole registering authority of all persons required to be registered under this Act and shall have the following further functions—
11. Powers of the CouncilFor the better performance of its functions, the Council shall, subject to the provisions of this Act, have power—
12. Committees of the Council
Part V – Management
13. Appointment of Registrar and other staff
Part VI – Financial provisions
14. Funds, accounts, audit
15. LevyThe Minister may from time to time, by Order published in the Gazette, impose a levy on gross or net income accruing to any person or class of persons registered under this Act and such levy shall be appropriated for the general operations of the Council or for such operations of the Council as the Minister may specify in the Order.
16. Remuneration and expenses of members of the CouncilMembers of the Council shall be paid from the funds of the Council such allowances as the Minister may determine and in determining the allowance the Minister may make provision for the reimbursement of any reasonable expenses incurred by a member of the Council or of a committee of the Council in connexion with the business of the Council or the committee.
Part VII – Registers
18. Specialist Register
19. Duties of Registrar
21. Offences in connexion with registers and certificatesA person who—
22. Publication of registers
23. Registers to be evidence
Part VIII – Registration
24. Persons registered before the commencement of this ActEvery person who, immediately before the commencement of this Act was registered in any register of medical practitioners or dentists in Malawi and is resident in Malawi, shall be deemed to have been registered under this Act in that register.[30 of 1991]
25. Residence of registered persons
26. Persons eligible to be registered as medical practitioners or dentists
27. Person registered may have additional qualifications inserted in registerEvery person registered under this Act who has obtained any higher or further degree or qualification than the degree or qualification in respect of which he has been registered shall be entitled, upon payment of the prescribed fee, to have such higher degree or additional qualification inserted in the register in substitution for or in addition to the qualification previously registered.
28. Certificate not valid unless signatory registeredNo certificate or other document required by any law to be signed by a duly qualified medical practitioner or dentist shall be valid unless signed by a person registered as a medical practitioner or dentist under this Act.
29. Procedure for registration
30. Register of interns
31. Register of vocational traineesAny person who is required under section 26 (4) after the acquisition of any qualification to undergo a period of training before he is entitled to be registered and who is employed otherwise than as an intern shall, subject to the provisions of this Part and if he satisfies the Registrar that he is employed at an institution or by an employer approved by the Council, be entitled, upon payment of the prescribed fee, to be registered in the register of vocational trainees appropriate to the profession or calling for which he intends to be registered.
32. Provisional registration
33. Register of persons temporarily employedAny person qualified to practise the profession or calling of a medical practitioner or dentist, who intends to practise that profession or calling in Malawi but does not intend to reside for a period exceeding twelve months in Malawi may, if he satisfies the Registrar that he is so qualified, be registered on a register of persons temporarily employed:Provided that in circumstances considered by the Registrar to be exceptional, the Registrar may extend the period of registration for two months.
34. Erasures from register
35. Method of erasureIn order to effect the erasure of the name and particulars of a person from a register, a line of red ink shall be drawn through such name and particulars but so as to leave them remain legible.
36. Consequence of erasureAny certificate of registration issued to a person whose name has been erased shall be deemed to have been cancelled on the date of erasure and the person concerned shall be deemed not to be registered with effect from that date.
37. Appeals against refusal to register or erasure from register
Part IX – Private practice
38. Licence for private practice
39. Issue, etc., of licences to be published in the GazetteThe issue, cancellation and withdrawal of any licence under section 38 of this Act shall be notified in the Gazette.
40. No fees recoverable unless practitioner licensed for private practiceNo person in private practice shall be entitled to recover any charge for any medical treatment, operation, advice or other medical service which he has rendered, or for any medicine which he has prescribed or supplied, as a medical practitioner or dentist, unless he is at the time appropriately licensed under section 38 for private practice.
Part X – Education and training
41. Education and Training Committee
42. Reports on training qualifications and practice of persons who are registrableThe Council may, and if so required by the Minister shall, consider and report to the Minister and advise him upon any matter relating to professional or technical training to other qualifications required for admission to a profession or calling in respect of which a register is kept and the conditions of practice after registration.
43. Approval of institutions, curricula and qualificationsThe Council shall have powers to approve of—
44. Degrees, diplomas and certificates instituted by the Council
45. Rules for training and examinationsThe Council may, by notice in the Gazette, make rules as to—
Part XI – Disciplinary provisions
46. Disciplinary Committee
47. Function of Disciplinary Committee
48. Taking of evidence by Disciplinary Committee
49. Exercise of disciplinary powers on conviction for offence
50. Council to refer cases to Disciplinary Committee
51. Exercise of disciplinary powers
52. Appeal to High Court
53. Publication of result of disciplinary proceedings
54. Council or Disciplinary Committee not to be liable
55. Improper or disgraceful conduct
Part XIA – Inspectorate provisions
55A. Inspectorate Committee
Part XII – Offences and penalties by unregistered persons
56. Remuneration not recoverable by unregistered personsNo remuneration shall be recoverable in respect of any act pertaining to a profession or calling in respect of which a register is kept under this Act when performed by a person who is not registered on the appropriate register.
57. Certain certificates invalid if signed by unregistered personNo certificate required by law from any member of a profession or calling in respect of which a register is kept under this Act shall be valid unless the person signing such certificate is registered on the appropriate register.
58. Proof required for issue of licencesNo licence required under any law to be obtained by a registered person shall be issued to such person unless the person applying for such licence produces proof that he is registered on the appropriate register.
59. Unregistered persons practising as medical practitioners
60. Unregistered persons practising as dentists
Part XIII – Miscellaneous provisions
61. African systems of therapeutics allowedNothing contained in this Act shall be construed to prohibit or prevent the practice of any African system of therapeutics by any person in Malawi:Provided that nothing in this section shall be construed to authorize the performance by a person practising any African system of therapeutics of any act which is dangerous to life.
62. Exemptions from registration
63. Registered persons becoming unfit to practice
64. Restoration to registerWhere the name of a person has been erased from the register, the Council may, if it thinks fit, authorize the restoration to the register of the name of such person if representations are made by the person concerned after the expiration of such period as the Council may determine in that particular case.
65. Burden of proof on unregistered personsIn any criminal proceedings against any person upon a charge of having performed any act which constitutes an offence under this Act, if performed by a person alleged to be not registered, the person charged shall be deemed to be not registered unless he proved the contrary.
66. Personation of registered person or misrepresentationAny person who impersonates a registered person, shall be guilty of an offence and liable to a fine of K2,000 and to imprisonment for one year.
67. Registered person using unregistered title or qualificationA registered person who takes, uses or publishes in any way whatsoever a name, title, description or symbol indicating or calculated to lead any person to infer that he possesses a qualification which relates to a profession or calling in respect of which a register is kept and which is not shown in the register in connexion with his name shall be guilty of an offence and liable to a fine of K1,000 and to imprisonment for one year.
68. Notification of change of address or death
68A. Closure of premises and seizure of equipment, etc.
Part XIV – Regulations and savings
69. RegulationsThe Minister may, with the advice of the Council, make regulations for carrying out or giving effect to the provisions of this Act, and without prejudice to the generality of the foregoing such regulations may—
70. Repeal and savingsRepeal and savings. **The Medical Practitioners and Dentists Registration Act was repealed. Any subsidiary legislation made thereunder shall remain in force unless in conflict with this Act and be deemed to be subsidiary legislation made under this Act and may be replaced, amended or repealed by subsidiary legislation made under this Act.
History of this document
31 December 2014 this version
05 February 1988
28 August 1987