Medical Practitioners Amendment Act 2006
MEDICAL PRACTITIONERS AMENDMENT ACT 2006



BERMUDA

2006 : 15

MEDICAL PRACTITIONERS AMENDMENT ACT 2006

Date of Assent: 26 June 2006

Operative Date: Notice in Gazette



ARRANGEMENT OF SECTIONS

1 Short title
2 Amends section 1
3 Amends section 5
4 Inserts new sections 5A

and 5B
5 Amends section 6
5A Amends section 7
6 Inserts new sections 7A

and 7B
7 Inserts new section 12A
8 Amends section 13
9 Inserts new section 13A
10 Amends section 14
11 Amends section 15

12 Amends section 17
13 Inserts new section 18A
13A Amends sections 19 and

21
14 Amends section 22
15 Amends section 23
16 Amends section 24
17 Amends section 25
18 Inserts new section 29A
19 Inserts new Schedule 2

relating to Committee
20 Transitional provisions for

hospital interns
21 Commencement



WHEREAS it is expedient to amend the Medical Practitioners Act
1950:

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:


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MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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Short title
1 This Act, which amends the Medical Practitioners Act 1950 (the
"principal Act"), may be cited as the Medical Practitioners Amendment
Act 2006.

Amends section 1
2 Section 1 of the principal Act is amended —

(a) in the definition of "exempted medical practitioner”, by
deleting the words ", a locum tenens and a hospital
intern" and substituting the words “and a locum
tenens”;

(b) by deleting the definition of "Minister" and substituting
the following ⎯

" "Minister" means the Minister responsible for health;";

(c) by deleting the definition of “hospital intern”;

(d) in the definition of "Permanent Secretary”, by deleting
the words “of the Department of Health” and
substituting the words “responsible for health”;

(e) by deleting the definition of "registered medical
practitioner" and substituting the following —

“ “registered medical practitioner" means a medical
practitioner whose name is entered in the register and
includes a practitioner whose name has been entered
provisionally;";

(f) by inserting in the appropriate alphabetical order the
following definitions ⎯

“ “Bermuda Medical Association" means the association
known as the Bermuda Medical Association formed
in Bermuda to represent medical practitioners;

"Committee" means the Professional Conduct
Committee established under section 5A;

“drug or alcohol impaired” means —

(a) the loss, loss of use, or derangement of any body
part, organ system or organ function; or

(b) the alteration of a person’s capacity to meet
personal, social and occupational demands in
relation to professional practice;

“house officer” has the meaning assigned to that expression in
section 23;

“professional misconduct” includes —

MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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(a) incompetence or negligence in the provision of medical
or surgical treatment;

(b) improper or unethical conduct in relation to professional
practice; and

(c) a contravention of or failure to comply with —

(i) a provision of this Act; or

(ii) a code of conduct or professional standard
prescribed by the Council under this Act;

“registered person” means an exempted medical practitioner, a
medical officer of the armed forces, a registered medical
practitioner, a specialist, a Government medical officer, an
authorized visiting practitioner, a locum tenens, a house
officer, or any other person declared by the Minister by notice
published in the Gazette to be a registered person;".

Amends section 5
3 Section 5 of the principal Act is amended ⎯

(a) in subsection (3) —

(i) by deleting paragraphs (c) and (d) and substituting
the following paragraphs ⎯

"(c) one shall be selected by the Minister from a list
of three registered medical practitioners in good
standing who are nominated by the Bermuda
Medical Association;

(d) one shall be selected by the Minister from a list
of three registered medical practitioners in good
standing who are nominated by the Bermuda
Medical Society; and

(e) one shall be the Chief Medical Officer, ex
officio,”; and

(ii) by inserting immediately after the words "and the
Minister" the words “, the Bermuda Medical
Association"; and

(b) in subsection (8), by deleting the words “First Schedule”
and substituting the words “Schedule1”.

Inserts new sections 5A and 5B
4 The principal Act is amended by inserting next after section 5,
the following new section ⎯

MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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“Establishment of Professional Conduct Committee
5A (1) There shall be established by the Council a committee to be

known as the "Professional Conduct Committee".

(2) The functions of the Committee are —

(a) to receive and investigate, or cause to be investigated,
hear and determine, complaints against any registered
person, including any allegation that —

(i) the person’s registration was improperly obtained;

(ii) the person is guilty of professional misconduct;

(iii) the person is unfit to practise a specialty or to be
registered; or

(iv) the person is unfit to practise by reason of —

(A) a conviction of an indictable offence;

(B) adverse physical or mental health;

(C) being drug or alcohol impaired in the course of
performing professional functions; and

(b) to perform such functions as may be assigned to it by
the Council.

(3) The Committee may investigate any complaint based on
matters alleged to have occurred —

(a) inside or outside of Bermuda; or

(b) at a time when the person was not a registered person.

(4) A written complaint addressed to the Council setting out
the matters that are alleged to constitute grounds for disciplinary action
to be taken against a registered person under subsection (1) —

(a) shall be made —

(i) by the complainant;

(ii) if the complainant is a child or is physically or
mentally unable to make the complaint, by the
parent or guardian, next friend or a person acting
on behalf of the complainant;

(iii) if the conduct complained of relates to a person
who is dead, by his executor or personal
representative;

(b) shall be forwarded to the Executive Officer and copied to
the Committee; and

(c) may be in such form or manner as the Council approves.

MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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(5) Schedule 2 has effect as to the proceedings of the
Committee and other matters relating to the Committee.

Preliminary Investigations by Chief Medical Officer
5B (1) Where a complaint is made under section 5A, the Executive
Officer shall enquire into the complaint and determine whether in his
opinion, the complaint —

(a) is frivolous or vexatious, is made in bad faith, is an
abuse of process, or for any other reason, ought not to
be considered by the Committee;

(b) arose from a misapprehension on the part of the
complainant or a misunderstanding between the
complainant and the registered person;

(c) ought to be referred to the Committee for its
determination, without making any determination as to
the guilt or innocence of the registered person.

(2) Before conducting an enquiry under this section, the
Executive Officer shall —

(a) notify the registered person that a complaint has been
made against him and forward a copy of the complaint
and any accompanying document or information to him;

(b) request that the registered person show cause in writing
within fourteen days of the date of the notice explaining
why the matter should not be referred to the Committee;
and

(c) give the registered person an opportunity to be heard.

(3) In making a determination under subsection (1), the
Executive Officer —

(a) if he concludes that the complaint is frivolous or
vexatious, is made in bad faith, is an abuse of process or
otherwise ought not to be considered by the Committee,
shall dismiss the complaint; or

(b) may recommend to the Committee that guidelines on
future conduct be issued to all registered persons
concerning any of the matters coming to his attention in
the course of enquiry.

(4) If the Executive Officer is satisfied that the complaint arose
from a misapprehension on the part of the complainant or a
misunderstanding between the parties, he may, before proceeding
further with the hearing of the complaint, require the parties to appear
before him in order to discuss the matter with a view to clarifying the
misapprehension or misunderstanding.

MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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(5) If, in the course of conducting an inquiry under this section,
the Executive Officer concludes that the allegations or evidence against
the registered person are sufficiently serious or it is appropriate to refer
the matter to the Committee, he may immediately refer the matter to the
Committee.".

Amends section 6
5 Section 6 of the principal Act is amended ⎯

(a) in subsection (1), by inserting immediately after the word
"under", the words "section 7 or 7A of"; and

(b) in subsection (3)(a), by inserting next after subparagraph
(i) the following ⎯

“(ia) whose name is to be entered pursuant to section
7A; or".

Amends section 7
5A Section 7(6) of the principal Act is amended by deleting the
words “in the manner provided in section 23”.

Inserts new sections 7A and 7B
6 The principal Act is amended by inserting next after section 7,
the following ⎯

"Provisional registration to acquire training or experience
7A (1) A person who would be eligible for full registration under
section 7 ⎯

(a) as a medical practitioner, except for the fact that he has
not completed the relevant postgraduate training; or

(b) as a specialist, except for the fact that he has not
acquired the required clinical experience,

is eligible to be registered provisionally under this section as a
medical practitioner or specialist, as the case may be, subject to
such conditions as the Council considers appropriate for
completion of the postgraduate training or acquisition of the
experience.

(2) A person who wishes to be registered provisionally under
this section shall apply to the Council in the prescribed form for
provisional registration and the application shall be accompanied by
such fee as may be prescribed for this purpose under the Government
Fees Act 1965.

(3) A person provisionally registered has the powers and
privileges conferred by this or any other Act on a registered medical
practitioner as far as is necessary to —

MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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(a) enable him to engage in employment as a house officer
(within the meaning of section 23 and subject to that
section) in an approved hospital, but no further; or

(b) acquire the required clinical experience in his chosen
specialty, but no further.

(4) For the purposes of registration of —

(a) house officers and medical officers of the armed forces
under this section —

(i) section 7 (Application for registration) applies;

(ii) sections 8 (Qualifying examination), 9 (Examination
result) and 10 (Application fees) do not apply;

(b) all other persons under this section, sections 7
(Application for registration), 8 (Qualifying examination),
9 (Examination result) and 10 (Application fees) apply.

Re-registration
7B (1) Every person whose name is entered in the register shall
apply in the prescribed form for re-registration every two years after —

(a) the day that the Medical Practitioners Amendment Act
2006 comes into operation; or

(b) such later day as the Minister may specify by notice
published in the Gazette.

(2) Subject to subsection (3), the Council may re-register a
person under subsection (1) if the Council is satisfied that the person ⎯

(a) continues to meet the qualifications for registration
specified in this Act; and

(b) has, within the two years preceding the date of the
application for re-registration, complied with those
requirements of the continuing medical education
programme that are applicable to him.

(3) Any fees payable on initial registration shall be pro-rated in
relation to the first re-registration period.

(4) For the purposes of subsection (2), the "continuing medical
education programme" means any programme of training or the
development of knowledge that the Council may, from time to time,
approve.".

Inserts new section 12A
7 The principal Act is amended by inserting next after section 12,
the following ⎯

MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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"Committee investigation of professional conduct
12A (1) If —

(a) pursuant to section 5C the Chief Medical Officer
recommends that an enquiry be instituted; or

(b) the Committee becomes aware of any allegation of
professional misconduct on the part of a registered
person or receives information under section 13A,

the Committee shall, as soon as practicable, set a date and time
to hear and determine the allegation.

(2) For the purposes of subsection (1), the Committee ⎯

(a) shall inform the registered person in question that there
has been an allegation of professional misconduct on his
part and give the registered person an opportunity to be
heard; and

(b) may take evidence on oath or affirmation, administered
by the Chairman.

(3) The Committee —

(a) shall inform the Council of its findings; and

(b) may make such recommendations as it thinks fit, to the
Council, including a recommendation that —

(i) no further action be taken; or

(ii) the Council hold an enquiry under section 13.".

Amends section 13
8 Section 13(1) of the principal Act is amended —

(a) by deleting the words "Where the Council becomes aware
of any allegation of disgraceful conduct in a professional
respect on the part of a registered medical practitioner
they" and substituting the words "If, pursuant to an
investigation under section 12A (1), the Committee
recommends that the Council hold an enquiry, the
Council"; and

(b) by deleting the word "Governor” and substituting the
words “Supreme Court”.

Inserts new section 13A
9 The principal Act is amended by inserting next after section 13, the
following ⎯

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"Mandatory reporting of impaired registered persons
13A (1) Every person, other than a person mentioned in subsection (2),
who reasonably believes that a registered person is drug or alcohol
impaired while performing his professional functions shall immediately
report this belief whether orally or in writing —

(a) if in a hospital, to the Chief of Staff of the hospital for his
attention; or

(b) if not in a hospital, to the Chief Medical Officer for his
attention,

outlining the circumstances or information upon which the reasonable
belief is based.

(2) A health care professional who reasonably believes that a
registered person is drug or alcohol impaired while performing his
professional functions shall immediately report this belief in writing —

(a) if in a hospital, to the Chief of Staff of the hospital for his
attention; or

(b) if not in a hospital, to the Chief Medical Officer for his
attention,

outlining the circumstances or information upon which the reasonable
belief is based.

(3) In this section, “health care professional” includes —

(a) a registered person;

(b) a nurse;

(c) a dentist;

(d) a pharmacist;

(e) a police officer;

(f) the Chief of Staff of a hospital; and

(g) any other person who performs professional or official
duties,

acting in the course of that person's professional or official
duties, in any hospital or institution administering health care to
persons.

(4) Subsections (1) and (2) apply whether or not the
information is confidential or privileged, except that nothing in this
section affects or abrogates the privilege that attaches to a
communication between an attorney-at-law and his client.

(5) No civil action lies against a person by reason of that person
reporting information pursuant to subsection (1) or (2) unless the

MEDICAL PRACTITIONERS AMENDMENT ACT 2006


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reporting of that information is done falsely, maliciously or with intent to
deceive.

(6) No person shall reveal or be compelled to reveal the identity
of a person who has reported information to the Chief of Staff or the
Chief Medical Officer, as the case may be, pursuant to subsection (1) or
(2).

(7) Every person who—

(a) contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine not exceeding
$1,000;

(b) contravenes subsection (2) commits an offence and is
liable on summary conviction to a fine not exceeding
$2,000; or

(c) falsely, maliciously or deceptively reports information
indicating that he reasonably believes that a registered
person is drug or alcohol impaired while performing his
professional functions commits an offence and is liable
on summary conviction to a fine not exceeding $2,000.".

Amends section 14
10 Section 14 of the principal Act is amended —

(a) in subsection (1)(b) by deleting the words "conduct
disgraceful to him in a professional respect" and
substituting the words "professional misconduct"; and

(b) in subsections (3) and (4)(b), by deleting the word
"Governor” wherever it appears and substituting in each
case the words “Supreme Court”.

Amends section 15
11 Section 15 (4) of the principal Act is amended by deleting the
words "disgraceful conduct in a professional respect" and substituting
the words "professional misconduct".

Amends section 17
12 Section 17(1)(c) of the principal Act is amended by inserting
immediately after the word "functions", the words "or was drug or alcohol
impaired while carrying out those functions".

Inserts new section 18A
13 The principal Act is amended by inserting next after section 18,
the following —

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“Additional disciplinary powers of Council
18A (1) In addition to the powers conferred by sections 14, 15, 17
and 18, after holding an enquiry into the matter, the Council may, if it
finds the matter proved and depending on the nature and seriousness of
the offence —

(a) impose one or more of the following conditions on the
person’s registration —

(i) a condition restricting the places and times at which
the applicant may provide medical treatment;

(ii) a condition limiting the kind of medical treatment
that the applicant may provide;

(iii) a condition requiring that the applicant is
supervised in the provision of medical treatment, by
a particular person or by a person of a particular
class;

(iv) any other conditions that the Council thinks fit;

(b) admonish, warn or censure the person;

(c) require the person to pay to the Council a fine not
exceeding $2,000;

(d) suspend the person’s registration on a specified register
or in a specified specialty for a period not exceeding one
year;

(e) disqualify the person from being registered in a specified
specialty;

(f) stipulate that any condition, disqualification or
prohibition imposed under this Act is to apply —

(i) permanently;

(ii) for a specified period;

(iii) until the fulfilment of specified conditions; or

(iv) until a further order; and

(g) stipulate that an order relating to a person is to have
effect at a specified future time and impose conditions as
to the conduct of the person or the person's business
until that time.

(2) Where a court finds a person guilty of an offence and the
circumstances of the offence form, in whole or in part, the subject matter
of a complaint under this Act, the person shall not be liable to a fine
under this section in respect of the conduct giving rise to the offence.

(3) The Council may —

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(a) fix a period within which a fine imposed under this
section shall be paid; and

(b) on application by a person liable to pay a fine imposed
under this section, extend the period within which the
fine shall be paid.

(4) A fine imposed under this section is recoverable by the
Council as a debt.

(5) If a person fails to pay a fine imposed under this section,
the Council may strike his name from the register in accordance with
section 14”..”.

Amends sections 19 and 21
13A Sections 19(5) and 21(5) of the principal Act are amended by
deleting the word "Governor” wherever it appears and substituting in
each case the words “Supreme Court”.

Amends section 22
14 Section 22 of the principal Act is amended —

(a) in subsection (2), by deleting the words “Second
Schedule” and substituting the words “Schedule 3”; and

(b) in subsection (4), by deleting the word "Governor” and
substituting the words “Supreme Court”.”.

Amends section 23
15 Section 23 of the principal Act is amended –

(a) by deleting the head note and substituting the
following—

“House Officers”;

(b) by deleting subsection (1) and substituting the following-

"(1) The appropriate conditions referred to in section 7A
subject to which a house officer is entitled to practise
medicine or surgery as a provisionally registered medical
practitioner are as set out in this section.

(1A) For the purposes of sections 2, 3 and 4 a house officer
shall not (except in case of emergency), practise
medicine and surgery —

(a) except on or in relation to a person who is a patient
in the hospital in which he is employed; and

(b) except under the effective supervision of a registered
medical practitioner."; and

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(b) in subsections (2) and (3) by deleting the words “hospital
intern” wherever they appear and substituting in each
case the words “house officer”.

Amends section 24
16 Section 24 of the principal Act is amended ⎯

(a) by deleting the words "22 or 23" from the headnote and
substituting "or 22";

(b) by deleting the words ", section 22 or section 23" and
substituting the words "or section 22".

Amends section 25
17 Section 25 of the principal Act is amended by deleting the word
“Governor” wherever it appears and substituting in each case the words
“Supreme Court”.

Inserts new section 29A
18 The principal Act is amended by inserting next after section 29
the following new section ⎯

Annual report
29A The Council shall, not later than April after the end of each
calendar year, submit a report to the Minister on the activities of the
Council and the Committee.".

Inserts new Schedule 2 relating to Committee
19 The principal Act is amended ⎯

(a) by renaming the First Schedule as "Schedule 1";

(b) by renaming the Second Schedule as "Schedule 3"; and

(c) by inserting next after the renamed Schedule 1 the
following Schedule ⎯

“SCHEDULE 2 (section 5A (5))
Professional Conduct Committee


1 The Committee shall consist of three members of the Council
of which two shall be registered medical practitioners, appointed by the
Chairman of the Council.

2 The members of the Committee shall be appointed annually
to hold office for a period not exceeding one year commencing on the
date of the appointment.

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3 A person appointed as a member of the Committee may be
reappointed.

4 The Chairman of the Council shall appoint a member of the
Council to be the Chairman of the Committee, who shall —

(a) preside at Committee meetings; and

(b) perform any other functions assigned to him in
accordance with this Act.

5 If by reason of illness or absence or for any other reason the
Chairman or a member of the Committee is unable to act at any time,
the Chairman of the Council shall appoint another member of the
Council to act in his place.

6 The validity of any act or proceedings of the Council shall not
be affected by any vacancy among the members of the Committee or by
any defect in the appointment of a member of the Council.

7 Subject to this Act, the Committee may regulate its own
proceedings.”.

Transitional provisions for hospital interns
20 (1) On the coming into operation of this Act, the Council shall
cause the Permanent Secretary to enter provisionally in the register the
name of every person who, immediately before the commencement date,
was employed as a hospital intern in the King Edward Memorial Hospital
or other approved hospital.

(2) Any person whose name is entered in the register pursuant
to subsection (1) shall for the purposes of this and any other Act be
deemed to have been provisionally registered under this Act and, subject
to this Act, may continue to carry on employment as a house officer.

Commencement
21 This Act comes into operation on such day as the Minister may
appoint by Notice published in the Gazette.