Professions Supplementary to Medicine Amendment Act 2000
PROFESSIONS SUPPLEMENTARY TO MEDICINE AMENDMENT
ACT 2000

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BERMUDA
2000 : 2

PROFESSIONS SUPPLEMENTARY TO MEDICINE AMENDMENT
ACT 2000

[Date of Assent 8 March 2000]

[Operative Date 8 March 2000]

WHEREAS it is expedient to amend the Professions
Supplementary to Medicine Act 1973:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act which amends the Professions Supplementary to
Medicine Act 1973 ("the Act") may be cited as the Professions
Supplementary to Medicine Amendment Act 2000.

Amendment of section 1 of Act
2 Section 1 of the Act is amended—

(a) in the definition of "appropriate authority" in subsection
(1), by deleting the word "Minister" and substituting the
word "Council";

(b) in subsection (2) by deleting the words "Minister is the
appropriate authority he shall, so far as is practicable,

PROFESSIONS SUPPLEMENTARY TO MEDICINE AMENDMENT
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discharge his" and substituting the words "Council is the
appropriate authority the Council shall, so far as is
practicable, discharge their".

Amendment of section 5 of Act
3 Section 5 of the Act is amended—

(a) in subsection (1), by deleting the word "Minister" and
substituting the word "Council";

(b) by deleting subsection (2) and substituting the
following—

" (2) A person seeking to be registered shall
make application therefor to the Council in such manner
as the Council may approve.".

Insertion of new sections 5A and 5B in Act
4 The following new sections are inserted in the Act next following
section 5—

"Registration, period of validity
5A (1) Notwithstanding section 5, registration of a person
carrying on a specified profession in Bermuda shall have effect
for a period of two years from the date this section comes into
force or such shorter period as may be specified in a certificate of
registration issued by the Council.

(2) The Council may renew the registration of a person
if the person—

(a)(i) applies for the renewal of registration,
and

(ii) pays the renewal fee,

on or before the expiration date of his
registration; and

(b) satisfies the requirements of subsection
5(3) relating to qualifications and
experience.

(3) The Council may delete from the register the name
of any person who fails to renew his registration under
subsection (2) or whose application for renewal is refused.

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Appeals to the Cabinet
5B (1) Any person who is aggrieved by a decision to refuse
registration or renewal of registration, may within 14 days after
the decision is made ("the appeal period") appeal to the Cabinet
against the decision by notice in writing to the Secretary to the
Cabinet setting out the grounds of appeal; and the Cabinet shall
decide the appeal and make such order in the appeal as seems
just.

(2) When the Cabinet has decided an appeal under
subsection (1), the appropriate authority shall implement the
Cabinet's decision and be guided accordingly.

(3) A decision to refuse registration or to refuse to
renew registration does not take effect until the expiry of the
appeal period, or where an appeal is brought, until the appeal is
decided or abandoned.".

Amendment of section 6 of Act
5 Section 6 of the Act is amended by deleting the words
"Permanent Secretary, Department of Health" and substituting the words
"Chairman of the Council".

Amendment of section 9 of Act
6 Section 9 of the Act is amended—

(a) by deleting subsection (1)(b) and substituting the
following—

"(b) the Chairman of the Council, where the appropriate
authority is the Council,";

(b) in subsection (2), by deleting the words "$250" and
substituting "$1,000".

Amendment of section 11 of Act
7 Section 11 of the Act is amended by deleting the words "$250"
and "$500" and substituting "$1,000" and "$2,000" respectively.

Amendment of section 12 of Act
8 Section 12 of the Act is amended by deleting the words "$500"
and substituting "$2,000".

Amendment of section 13 of Act
9 Section 13 of the Act is amended—

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(a) in subsection (1)(a), by inserting after the word
"profession" the words "or authorized to practise that
profession under section 13A";

(b) in subsection (2), by deleting the words "$250" and
"$500" and substituting "$1,000" and "$2,000"
respectively.

Insertion of new section 13A in Act
10 After section 13 of the Act there is inserted the following new
section—

"Locum tenens
13A (1) Notwithstanding section 13, the Council may
authorize any person who is registered to practise a specified
profession outside Bermuda to practise that profession as a
locum tenens in Bermuda for a limited period not exceeding
three months and subject to such conditions as the Council may
impose.

(2) A person authorized under subsection (1) shall, for
the period specified in the authorization, have the powers and
privileges of a registered practitioner.

(3) A person authorized under subsection (1) shall not
practise a specified profession in Bermuda otherwise than in
accordance with that authorization.".

Amendment of section 14 of Act
11 Section 14(1) of the Act is amended by deleting paragraph (b).

Insertion of new section 14A in Act
12 After section 14 of the Act there is inserted the following new
section—

"Fees
14A Fees for an application for registration or renewal of
registration in relation to a specified profession shall be as
prescribed under the Government Fees Act 1965.".

Repeal and replacement of First Schedule to Act
13 The First Schedule to the Act is repealed and the following is
substituted—

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"FIRST SCHEDULE

"addictions counsellor" means a person skilled in the
identification, assessment and treatment of alcohol and drug
abuse;

"audiologist" means a person skilled in the identification,
assessment and treatment of hearing disorders;

"chiropodist" means a person skilled in the treatment of foot
conditions locally and conservatively and the palliative relief
of chronic foot anomalies and resultant lesions;

"diagnostic imaging technologist" means a person who is skilled
in the use of diagnostic imaging techniques and in—

(a) the preparation and administration of diagnostic and
therapeutic radionuclides;

(b) the use of x-ray technology;

(c) the use of mammographic scanning techniques; or

(d) ultrasonography and diagnostic scanning techniques;

"dietician" means a person skilled in the science of relating diet
or food to health and disease and the systematic regulation of
such diet;

"medical laboratory technician" means a person skilled in
medical laboratory techniques;

"occupational therapist" means a person skilled in the treatment
of people with developmental disabilities or physical or
psychiatric illness or disability through the use of purposive
activity or recreation;

"physiotherapist" means a person skilled in the stimulation of
healing and the return of function by use of physical means,
in the rehabilitation of individuals who have impairments,
functional limitations, disabilities or changes in physical
function and health status resulting from injury, disease or
other causes;

"specialist diagnostic imaging technologist" means a person
skilled in the use of diagnostic imaging techniques and x-ray
technology and either computed tomography or magnetic
resonance imaging;

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"speech, language pathologist" means a person skilled in the
identification, assessment, diagnosis, prescription and
treatment of communication disorders.".