Caribbean Accreditation Authority (Medicine and other Health Professions) Act, 2009

Link to law: http://laws.gov.ag/acts/2009/a2009-4.pdf

The Caribbean Accreditation Authority (Medicine and other Health Professions) Act, 2009.pmd
ANTIGUA AND BARBUDA

THE CARIBBEAN ACCREDITATION AUTHORITY (MEDICINE AND OTHER
HEALTH PROFESSIONS) ACT, 2009

No. 4 of 2009

[Published in the Official Gazette Vol. XXIX No. 13
dated 19th February, 2009.]

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett, Government Printer
— By Authority, 2009.

800—02.09 [Price $7.50]

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Health Professions Act, 2009.

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No. 4 of 2009. The Caribbean Accreditation Authority (Medicine and
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THE CARIBBEAN ACCREDITATION AUTHORITY (MEDICINE AND OTHER
HEALTH PROFESSIONS) ACT, 2009

ARRANGEMENT

Sections
1. Short title.
2. Interpretation
3 Charge on Consolidated Fund
4 Ministerial order to implement Agreement
5 Ministerial order to amend Agreement

Schedule

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Health Professions Act, 2009.

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I Assent,

[ L.S.]

Louise Lake-Tack,
Governor-General.

6th February, 2008

ANTIGUA AND BARBUDA

THE CARIBBEAN ACCREDITATION AUTHORITY (MEDICINE AND OTHER
HEALTH PROFESSIONS) ACT, 2009

No. 4of 2009

AN ACT to give efect to the Agreement Establishing the Caribbean Accreditation Authority for
Education in Medicine and other Health Professions and for incidental and connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title
This Act may be cited as the Caribbean Accreditation Authority (Medicine and Other Health Profes-
sions) Act, 2009.

2. Interpretation

In this Act, unless the context otherwise requires –

“Agreement” means the Agreement Establishing the Caribbean Accreditation Authority for
Education in Medicine and other Health Professions, signed at Castries, St. Lucia on the 13th

day of November, 2003, the text of which is set out in the Schedule;

“Authority” means the Caribbean Accreditation Authority for Education in Medicine and other
Health Professions, established by Article 2 of the Agreement.

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3. Charge on Consolidated Fund.

All sums required to be paid to the Authority by the Government for the purpose of meeting the
obligations of Antigua and Barbuda under the Agreement are hereby charged on the Consolidated
Fund.

4. Ministerial order to implement Agreement

The Minister may, by order, make such provisions as he considers necessary or expedient to give
effect to the Agreement.

5. Ministerial order to amend Agreement.

(1) Where any amendment to the Agreement is accepted by the Government, the Minister may, by
order, amend the Schedule by including therein the amendment so accepted.

(2) Any order made under this section may contain such consequential, supplemental or ancillary
provisions as appear to the Minister to be necessary or expedient for the purpose of giving effect to
the amendment accepted under subsection (1), and without prejudice to the generality of the forego-
ing, may contain provisions amending references in this Act to the specific provisions of the Agree-
ment.

(3) Any order made under this section shall be subject to negative resolution of the House of
Representatives.

(4) Where the Schedule is amended pursuant to this section, any reference in this Act to the Agree-
ment or any other instrument shall, unless the context otherwise requires, be construed as a reference
to the Agreement as so amended.

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Schedule

AGREEMENT ESTABLISHING THE CARIBBEAN ACCREDITATION
AUTHORITY FOR EDUCATION IN MEDICINE AND

OTHER HEALTH PROFESSIONS

THE CONTRACTING PARTIES

Recalling the provisions of the Revised Treaty of Chaguaramas establishing the Caribbean Commu-
nity, including the CARICOM Single Market and Economy signed at Nassau, The Bahamas on 5 July
2001.

Concerned that international trends in the accreditation of training programmes in certain fields, in
particular, the regional accreditation initiatives of the European Union will have implications for the
traditional methods of accrediting medical programmes offered by institutions in the Caribbean Com-
munity.

Acknowledging the absence of a regional system of accreditation for training programmes in the
Caribbean Community in medicine and other health professions.

Recognizing that the establishment of such a system is essential within the Caribbean Community
and that such a system must be internationally recognized.

Conscious that the primary focus of accreditation and quality assurance initiatives in the Caribbean
Community must be on the delivery of programmes of study aimed at achieving recognized pre-
determined quality standards by Universities and like institutions in the Caribbean Community en-
gaged in providing training in medicine and other health professions.

Aware of the critical importance of international comparability of programmes of study accredited
by a body established within the Caribbean Community.

Determined to establish in the Caribbean Community a regional mechanism for the accreditation of
training programmes in medicine and other health professions.

Have agreed as follows:

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ARTICLE 1

USE OF TERMS

1. In this agreement, unless the context otherwise requires:

“accredit” means the according of recognition by the Authority on the basis of an informed
evaluation that the programmes of study offered by an institution and any award it confers
satisfy standards prescribed or approved by the Authority and “reaccredit” “accreditation” and
other cognate expressions shall be construed accordingly;

“Associate Member” means a state of territory that is admitted to associate membership of the
Community under Articles 231 of the Revised Treaty of Chaguaramas signed at Nassau, the
Bahamas on 5 July 2001;

“Authority” means the Authority established by Article 2;

“award” means a degree, diploma, certificate or other evidence that prescribed programmes of
study in medicine and other health professions have been completed successfully;

“Contracting Parties” means a Member State or an Associate Member State of the Community
for which this Agreement is in force;

“Community” means the Caribbean Community including the CARICOM Single Market and
Economy established by the revised Treaty of Chaguaramas signed at Nassau, the Bahamas on
15 July 2001;

“Executive Director” means the Executive Director appointed by Article 11;

“medicine” includes dental medicine and veterinary medicine;

“other health professions” means any health profession other than medicine specified by the
Authority pursuant to paragraph 4 of Article 9;

“quality assurance” means a system or process of ensuring that awards granted or programmes
of study ofered in medicine and other health professions by Universities or like institutions
satisfy standards prescribed or accepted by the Authority;

“Secretarial” means the Secretariat established by the Authority by Article 10;

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“Secretary-General” means the Secretary-General of the Community;
“Standards” means a clearly defined level of academic achievement employed as a measure-
ment of the quality of education.

2. For the purposes of this Agreement any reference in the following Articles to the Community shall
include a reference to an Associate Member.

ARTICLE 2

ESTABLISHMENT OF THE AUTHORITY

1. There is hereby established the Caribbean Accreditation Authority for Education in Medicine and
other Health Profession having the objectives, power and functions set out in this Agreement.

2. The Headquarters of the Authority shall be located in a Member State of the Community to be
determined by the Contracting Parties.

ARTICLE 3

OBJECTIVES OF THE AUTHORITY

The Authority shall have the following objectives:

(a) the achievement and maintenance of standards of excellence in programmes of study in
medicine and other health professions offered by institutions in the Community;

(b) the establishment of an efficient system of regulation in relation to the standards and
quality of programmes of study in medicine and other health professions;

(c) the securing of international recognition of the programmes of study in medicine and
other health professions;

(d) maintaining the confidence of the people of the region in the quality of training offered in
the Community in medicine and other health professions.

ARTICLE 4

COMPOSITION OF THE AUTHORITY

1. Subject to this Article and to Article 5 the Authority shall consist of the following members:

(a) three (3) persons nominated jointly by academic institutions in the Community offering

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training in medicine (other than dental medicine and veterinary medicine);
(b) one (1) person nominated jointly by academic institutions in the Community offering

training in dental medicine;

(c) one (1) person nominated jointly by academic institutions in the Community offering
training in veterinary medicine;

(d) two (2) persons nominated jointly by regional organizations representing civil society;

(e) two (2) students enrolled in training programmes in medicine at academic institutions in
the Community and nominated by the institutions;

(f) two (2) persons from outside the region who have expertise in the accreditation of train-
ing programmes in medicine or other health professions;

(g) one person representing the Caribbean Association of Medical Councils (CAMC);

(h) three (3) persons each appointed by a Contracting Party selected by the Secretary-Gen-
eral on a rotational basis;

(i) the Executive Director who shall be an ex-officio member.

2. Persons referred to in sub-paragraphs (a), (b), (c), (d) and (g) of paragraph 1 and sub-paragraph (a)
of paragraph 6 shall be appointed for a term of three years and shall be eligible for re-appointment for
a further term of three years. No such persons may be appointed for more than six consecutive years.

3. Persons referred to in sub-paragraph (c) of paragraph I and sub-paragraph (b) of paragraph 6 shall
be appointed for a term of one year and shall be eligible for re-appointment for another one year term.
No such persons may be appointed for more than two consecutive years.

4. Person referred to in sub-paragraph (f) of paragraph 1 shall be appointed for a single term not
exceeding three years.

5. Persons referred to in sub-paragraph (h) of paragraph 1 shall be appointed for a term of three
years.

6. Where under paragraph 4 of Article 9 the Authority specifies which professions are to be treated as
other health professions membership of the Authority shall be extended to include:-

(a) two (2) persons nominated jointly by academic institutions offering training in other
health professions in the Community;

(b) two (2) students enrolled in training programmes in other health professions in institu-

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tions on the Community nominated jointly by those institutions;
7. Where the institution fail within the time specified in the request to nominate any person under this
Article, the Secretary-General may designate such person.

8. Where a member is unable to act or resigns, the competent institutions shall nominate another
person to act in the place of that member.

9. A member may resign by transmitting a written notice in that behalf to the Chairman. In the case of
the Chairman, such notice should be transmitted to the Vice-Chairman.

ARTICLE 5

CRITERIA FOR MEMBERSHIP OF THE AUTHORITY

1. The members nominated pursuant to paragraph 1 (a) of Article 4 shall currently hold, or have held,
a faculty appointment at an academic institution referred to in the paragraph or otherwise have knowl-
edge and experience in the process of accrediting programmes of study in medicine.

2. The members nominated pursuant to paragraph 1 (b) or (c) of Article 4 shall hold the appropriate
academic qualifications and be actively engaged in or have recent experience in the practice of there
discipline.

3. The members nominated pursuant to paragraph 1 (d) of Article 4 shall by virtue of education
experience and public service possess qualifications which enable them to provide a public perspec-
tive in evaluating programmes of study in medicine or other health professions.

4. The members nominated pursuant to paragraph 1 (e) of Article 4 should normally be their penultimate
year of training be in good academic standing and should be students drawn from among institutions
in the Community.

5. The members nominated pursuant to paragraph 1 (a) ofArticle 2 shall currently hold, or have held
a faculty appointment at an academic institution referred to in that paragraph or otherwise have knowl-
edge and experience in the process of accrediting programmes of study in other health professions.

6. The members nominated pursuant to paragraph 6 (a) of Article 4 should normally be their
penultimate year of training be in good academic standing and should be students drawn from among
institutions in the Community.

7. Subject to Article 25 the Secretariat shall be responsible for soliciting nominations for member-

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ship.
ARTICLE 6

CHAIRMAN AND VICE-CHAIRMAN

1. At its first meeting and as required thereafter the Authority shall elect a Chairman and Vice-Chair-
man from among its members referred to in paragraph 1 (a), (b), (c), (d) and (g) and paragraph 6 (a)
of Article 4.

2. The Chairman and Vice-Chairman shall each hold office for three years and shall be eligible for
re-election.

3. The Chairman may resign from office of Chairman by notice in writing addressed to the Vice-
Chairman and the resignation shall take eff ct on the date of receipt of the notice.

4. The Vice-Chairman may resign from that position by notice in writing addressed to Chairman and
the resignation shall take eff ct on the date of receipt of the notice by the Chairman.

5. The Chairman shall preside at all meetings of the Authority and in the event of the Chairman’s
absence the Vice-Chairman shall preside.

6. If both the chairman and the Vice-Chairman are absent from the meeting the members present
shall elect one of the members qualified under paragraph 1 to act as Chairman or Vice-Chairman at
that meeting.

ARTICLE 7

PROCEDURES OF THE AUTHORITY

1. The Authority shall meet in ordinary session at least once in every year and in special session as
often as circumstances may require. Special sessions of the Au ority shall be convened upon the
written request of two-thirds of the members in that behalf.

2. Decisions of the Authority shall be made by a two-thirds majority of the members of the Authority
who are eligible to vote. A simple majority of such members of the Authority shall constitute a quo-
rum.

3. Where circumstances warrant, the Authority may make decisions without meeting in formal ses-
sion.

4. Minutes of the proceedings of the Authority shall be kept in proper form.

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5. Subject to this Agreement, the Authority shall establish its rules of procedure.
ARTICLE 8

THE SEAL OF THE AUTHORITY

1. The Authority shall have and use as occasion may require a Seal having a device or impression
with the inscription “Caribbean Accreditation Authority for Education in Medicine and Other Health
Professions”.

2. The Seal of the Authority shall be kept in the custody of the Executive Director and shall be
affixed to documents pursuant to a resolution of the Authority in the presence of the Chairman and
any other member of the Authority and the Executive Director.

3. The Seal shall be authenticated by the signatures of the Chairman or any other member authorized
to act in that behalf.

ARTICLE 9

POWERS AND FUNCTIONS OF THE AUTHORITY

1. The Authority shall perform such functions as may be required for the achievement of the Objec-
tives set out in Article 3.

2. Without prejudice to the provisions of paragraph 1, the Authority shall inter alta:

(a) determine and prescribe standards, criteria and systems for the accreditation of programmes
of study in the Community in medicine and other health professions;

(b) select suitable persons as assessors and appoint panels of assessors;

(c) accredit, on the basis of the reports of the assessors, programmes of study in medicine
and other health professions;

(d) facilitate the development of an accreditation and quality assurance ethos in the Commu-
nity;

(e) collaborate with professional bodies to develop training programmes designed to create
a regional cadre of trained assessors;

(f) establish rules guidelines and procedures in relation to the accreditation of programmes
in medicine and other health professions;

(g) approve arrangements and systems for accrediting programmes of study in medicine and

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other health professions;
(h) withdraw or modify as appropriate accreditation granted to any programme;

(i) establish and maintain relations with bodies outside the Community having functions in
relation to accreditation and quality assurance;

(j) determine the basis and procedures for the removal of a member;

(k) approve the budget of the Authority;

(l) approve the staff regulations and financial regulations of the Authority;

(m) appoint an auditor;

(n) determine the fees payable by institutions on connection with the accreditation of their
programmes;

(o) do all such other acts and things as may be required for the achievement of the objectives
of the Authority.

3. The Authority may:

(a) establish committees of the Authority and invite persons to serve on such committees;

(b) delegate to such committees the functions of the Authority specified in the instruments of
the delegation provided that a person invited pursuant to sub-paragraph (a) shall not be
deemed to be a member of the Authority.

4. The Authority shall specify the professions which are to be treated as other health professions for
the purposes of this Agreement. The executive Director shall notify the Contracting Parties of such
decisions of the Authority.

Article 10

The Secretariat

1. The Authority shall establish a Secretariat which shall be responsible for the general administra-
tion of the affairs of the Authority.

2. The Secretariat shall comprise an Executive Director and such professional administrative and
other staff as may be required to carry out its functions.

3. The appointment of the Executive Director and professional administrative and other staff shall be

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subject to such terms and conditions as the Authority shall determine.
4. In addition to any functions which may be assigned to it by the Authority, the Secretariat shall inter
alta.

(a) conduct research on accreditation and quality assurance so as to inform the work of the
Authority;

(b) manage the accreditation cycle for programmes subject to the Au ority’s accreditation
process;

(c) communicate with and provide guidance and advice to institutions that are engaged in or
propose to be engaged in the Authority’s accreditation process;

(d) undertake or arrange for the training of persons as assessors of programmes;

(e) provide information on the work of the Authority to the Contracting Parties, institutions
providing training in medicine and other health professions and members of the public;

(f) maintain records of all activities;

(g) prepare an annual report of the Authority’s work;

(h) maintain on behalf of the Authority, contracts with bodies outside of the Community
having functions in relation to accreditation and quality assurance;

(i) prepare the draft budget of the Authority and submit it for the consideration and approval
of the Authority;

(j) prepare and submit for the consideration and approval of the Aut ority, the staff regula-
tions and financial regulations of the Authority;

(k) prepare an annual Work Programme and present it to the Authority for approval;

(l) service meetings of the Authority and any committee thereof.

Article 11

Executive Director

1. The Executive Director shall be appointed by the Authority for a term of three (3) years, on such
other terms and conditions as may be specified in the instrument of appointment and shall be eligible
for reappointment.

2. The Executive Director shall attend and participate in all meetings of the Au ority but shall have
no right to vote on any matter before the Authority.

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3. The Executive Director shall be responsible for the day-to-day management and operations of the
Secretariat and without limiting the generality of the foregoing:-

(a) shall ensure the efficient use and management of the resources of the Authority;

(b) shall make recommendations for and in relation to the achievement of the objectives set
out in Article 3;

(c) shall implement the directives of the Authority;

(d) may enter into contracts and sign instruments and documents on behalf of the Authority;

(e) shall carry out such other duties as may be assigned by the Au ority.

The Executive Director shall appoint such staff as may be required for the
operations of the Secretariat.

Article 12

Financial Provisions

1. The funds of the Authority shall comprise:

(a) annual contributions from the Contracting Parties;

(b) grant funds received from donor agencies;

(c) income derived from earnings for services provided by the Authority;

(d) fees from institutions whose programmes are accredited by the Au ority;

(e) monies received from any other source of funding;

2. The draft budget prepared by the Secretariat shall be presented to theAuthority for approval (with
or without modifications).

3. Upon approval of the draft budget, the Authority shall submit it to the Council for Human and
Social Development (an organ of the Community so named in paragraph 2 of Article 10 of the Treaty)
for approval.

4. The Executive Director shall cause proper accounts of the Authority to be kept and such accounts
shall be audited annually by an auditor appointed by the Authority under Article 9.

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5. The Authority shall within thirty (30) days of the receipt of the report of the auditor and the audited
accounts of the Authority, transmit copies of the report and audited accounts to the Contracting Par-
ties and the Council for Human and Social Development.

Article 13

Provisional Budgetary Measures

The Authority is empowered to commit provisionally and pending approval of the budget, expendi-
ture not exceeding one-fifth (1/5) of the regular Budget of the previous year.

Article 14

Exemption From Taxation

1. The income of the Authority shall be exempt from income tax.

2. The Authority shall be exempt from property tax and stamp duty in respect of instruments ex-
ecuted by or on behalf.

3. The Authority shall be exempt from customs duties and taxes on goods imported purchased or
taken out of bond and used for the execution of its functions.

Article 15

Legal Status of the Authority

1. The Authority shall possess full legal capacity and in particular full capacity

(a) to contract;

(b) to acquire and dispose of moveable and immovable property; and

(c) to institute and defend legal proceedings.

2. The Authority may enter into agreements with and entity for the achievement of its objectives.

3. The Authority shall conclude with the Contracting Party in which the Headquarters is to be lo-
cated, an agreement relating to the privileges and immunities to be granted or accorded to the Auth r-
ity.

4. In any legal proceedings the Authority shall be represented by the Executive Director.

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Article 16

Protection from Legal Process

No action suit or other proceeding shall be instituted against any member of the Authority or any
member of the staff of the Secretariat for any acts done bona fide in the execution of their functions
under this Agreement.

Article 17

Signature

This Agreement shall be open for signature by any Member State or Associate Member of the Com-
munity.

Article 18

Entry into Force

This Agreement shall enter into force on signature by all Member States of the Community.

Articles 19

Provisional Application

This Agreement may be provisionally applied on signature by not less than four Member States of the
Community.

Articles 20

Depositary

This Agreement shall be deposited with the Secretary-General (hereinafter called “the Depositary”).
The Depositary shall transmit copies of this Agreement to each Contracting Party.

Article 21

Accession

1. After entry into force any Member State or Associate Member of the Community may accede to
this Agreement.

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2. Instruments of Accession shall be deposited with the Depositary.

Article 22

Amendment

1. A proposal for the amendment of this Agreement shall be transmitted by the Chairman of the
Authority to each Contracting Party within 30 days of the date of the Proposal.

2. The amendment shall have effect upon the acceptance thereof by the Contracting Parties.

Article 23

Withdrawal

1. A Contracting Party may withdraw from this Agreement by giving twelve months’ notice in writ-
ing to the Depositary who shall promptly notify the other Contracting Parties Accordingly and the
withdrawal shall take effect one year after the date on which the notice has been received by the
Depositary unless the Contracting Party, before the withdrawal becomes effective notifies the De-
positary in writing of the cancellation of its notice of withdrawal.

2. A Contracting Party that withdraws from this Agreement undertakes to honour financial or other
obligations duly assumed as a Contracting Party.

Article 24

Implementation

The Contracting Parties shall take necessary action, whether of a legislative executive or administra-
tive nature, for the purpose of giving effect to this Agreement. Such action shall be taken as expedi-
tiously as possible, and the Executive Director shall be informed accordingly.

Article 25

Inaugural Meeting

Upon the provisional application of this Agreement, the Secretary-General shall take the necessary
steps to secure the nomination of the members of the Authority referred to in Article 4 and to convene
the inaugural Meeting of the Authority.

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Passed the Senate on the 30th day of January,
2009.

McKenzie Frank,
President.

T. Thomas,
Acting Clerk to the Senate.

Passed the House of Representatives on
the 26th day of January, 2009.

D. Gisele Isaac-Arrindell,
Speaker.

T. Thomas,
Acting Clerk to the House of Representatives.
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