Professions Supplementary to Medicine Amendment Act 2006
PROFESSIONS SUPPLEMENTARY TO MEDICINE AMENDMENT
ACT 2006


1





BERMUDA

2006 : 34

PROFESSIONS SUPPLEMENTARY TO MEDICINE AMENDMENT
ACT 2006

Date of Assent: 12 December 2006
Operative Date: 9 February 2007



ARRANGEMENT OF SECTIONS

1 Short title and
commencement

2 Amends long title and
preamble

3 Amends section 1
4 Amends section 1A
5 Repeals and replaces

sections 3 and 4
6 Repeals and replaces

section 5
7 Amends section 5A
8 Inserts new section 5C
9 Amends section 6
10 Inserts new section 6A
11 Amends section 7

12 Amends section 8
13 Amends section 9
14 Amends section 10
15 Inserts new section

12A
16 Amends section 13
17 Amends section 14
18 Amends section 14A
19 Inserts new section

14B
20 Amends the First

Schedule
21 Amends the Second

Schedule


WHEREAS it is expedient to amend the Professions Supplementary to

Medicine Act 1973:

PROFESSIONS SUPPLEMENTARY TO MEDICINE AMENDMENT ACT
2006



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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:

Short title and commencement
1 (1) This Act, which amends the Professions Supplementary to
Medicine Act 1973 ("the principal Act"), may be cited as the Professions
Supplementary to Medicine Amendment Act 2006.

(2) This Act shall come into operation on such day or days as the
Minister may appoint by notice published in the Gazette.

Amends long title and preamble
2 (1) The long title to the principal Act is amended by deleting the
words “PROFESSIONS SUPPLEMENTARY TO MEDICINE” and substituting the
words “ALLIED HEALTH PROFESSIONS”.

(2) The preamble to the principal Act is amended by repealing the
words “professions supplementary to medicine” and substituting the words
“allied health professions”.

Amends section 1
3 Section 1 of the principal Act is renumbered as section 1A and the
following is inserted immediately before that section —

“Short title
1 This Act may be cited as the Allied Health Professions Act 1973.”.

Amends section 1A
4 Subsection (1) of section 1A of the principal Act as renumbered by
section 3 of this Act is amended —

(a) by inserting next after the definition of “appropriate authority”
the following —

“ “assistant” means a person who is enrolled under section
4P;”;

(b) in the definition of “Board”, by repealing the words “section 4”
and substituting the words “section 4E”;

(c) in the definition of “Council”, by repealing the words “the
Professions Supplementary to Medicine” and substituting the
words “Allied Health Professions”;

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(d) by inserting next after the definition of “prescribed” the
following —

“ “professional misconduct” includes —

(a) incompetence or negligence in the provision of
professional services;

(b) improper or unethical conduct in relation to the
provision of professional services; and

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

(i) a provision of this Act;

(ii) a code of conduct or professional standards of
practice or a statement issued under section 10
applicable to registered persons, assistants or
specified professions and established by the
Council under this Act;

“register” means the register of Allied Health Professions,
established by section 4N(1);”

(e) by repealing the definition of “registered” and substituting the
following —

“ “registered person” means a person who is registered under
section 5 to practice a specified profession;

“Registrar” means the person who is designated under
section 4M as Registrar;”;

(f) by inserting next after the definition of “regulations” the
following —

“ “roll” means the roll of Allied Health Professions established
under section 4O(1);”; and

(g) by repealing the definition of “specified profession” and
substituting the following —

“specified profession” means an allied health profession
specified in the First Schedule.”.

Repeals and replaces sections 3 and 4
5 Sections 3 and 4 of the principal Act are repealed and replaced by the
following 

“Establishment and constitution of Council
3 (1) There is established for all the specified professions a body
to be known as the Council for Allied Health Professions.

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(2) The Council shall consist of —

(a) the Chairman, appointed by the Minister;

(b) one representative elected by the Board of each specified
profession for which a Board is established, from among
registered persons practising that profession;

(c) one representative of each of the specified professions for
which no Board is established, appointed by the
Minister from among registered persons practising that
profession;

(d) a medical practitioner appointed by the Minister after
consultation with the Bermuda Medical Council; and

(e) a person appointed by the Minister who appears to him
to be qualified by training or experience or both to assist
the Council in matters of a legal or ethical nature.

(3) The provisions contained in the Second Schedule shall have
effect with respect to the Council.

Functions of Council
4 The functions of the Council are to —

(a) promote the interests of patients and other members of the
public in relation to the performance of Boards, registered
persons and specified professions;

(b) coordinate the activities of Boards and specified professions,
determine their relationship with the medical profession and
other related health professions and advise the Minister in
respect thereto;

(c) in addition to any statement prepared by an appropriate
authority in accordance with section 10, establish codes of
conduct or professional standards of practice applicable to
registered persons, assistants or specified professions and
encourage conformity with them;

(d) direct the registration of persons and the enrolment of
assistants;

(e) exercise disciplinary control over registered persons and
assistants and establish administrative processes for handling
complaints received against them;

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(f) after consultation with the Board of a specified profession, if
there is one, establish –

(i) qualifications and practical experience required for
registration in that profession; and

(ii) requirements for the continuing education of registered
persons and assistants in that profession;

(g) advise the Minister on whether —

(i) a health profession should be designated as a specified
profession under this Act for the purposes of section 4D;
or

(ii) a specified profession should be removed from the First
Schedule in accordance with section 15 (1)(b);

(h) investigate and report to the Minister on the performance by
each Board of its functions;

(i) where a Board performs functions corresponding to those of
another body (including another Board), investigate and report
to the Minister on how the performance of such functions by
those other bodies compares with the performance of the
functions by the Board;

(j) recommend to any Board changes in the way in which it
performs any of its functions; and

(k) carry out any other function assigned to it by the Minister.

Application for designation
4A (1) An association of members of a health profession, or if there is no
association five or more members of a health profession, may apply to the
Minister for designation of the profession as a specified profession.

(2) An application under subsection (1) shall —

(a) be in the form and contain the information required by the
Minister; and

(b) be submitted with the fee referred to in section 14A.

(3) After receiving an application under subsection (1), the Minister
may —

(a) approve or refuse to approve the application without
investigation; or

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(b) conduct an investigation in accordance with section 4C
to determine whether a health profession should be
designated.

Investigation by Minister where no application
4B The Minister may, in the absence of an application under section
4A (1), on his own initiative conduct, in accordance with section 4C, an
investigation to determine whether a health profession should be
designated.

Investigation regarding designation
4C (1) If the Minister decides to conduct an investigation under
section 4A (3) or 4B, he shall give public notice of the investigation in
the Gazette.

(2) The Minister may, for the purposes of the investigation —

(a) require the applicant to provide further information;

(b) examine the directors and officers of the association of
members of a health profession or the applicants;

(c) seek the advice of other associations, organizations or
persons;

(d) determine what services persons practising the health
profession provide to persons who require care and
treatment within the scope of that health profession;

(e) evaluate the degree of risk to the health or safety of the
public from incompetent, unethical or impaired practice
of the health profession;

(f) evaluate the degree of supervision that may be
necessary or desirable for a person practising the health
profession;

(g) assess the degree of supervision that persons practising
the health profession receive or are likely to receive with
respect to that practice;

(h) determine what educational programmes exist in
Bermuda or elsewhere for the proper education and
training of persons practising the health profession and
evaluate the content of those programmes; and

(i) do any things that the Minister considers necessary or
incidental to the investigation.

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(3) The Minister may, for the purposes of an investigation
hold a hearing and order any person to attend the hearing to give
evidence and to produce records in the possession of or under the
control of the person.

(4) On application by the Minister to the Supreme Court, a
person who fails to attend or to produce records as required by an
order under subsection (3) is liable to be committed for contempt as if
in breach of an order or judgment of the Supreme Court.

(5) The Minister may charge to an applicant part of the costs,
including the administrative costs, incurred by the Minister to conduct
an investigation.

Determination by Minister
4D (1) The Minister shall determine whether it is in the public
interest to designate a health profession as a specified profession
under this Act, having regard to any information obtained during the
investigation and in accordance with any criteria prescribed under
section 14(1)(f).

(2) If the Minister determines that a health profession should
be a specified profession, he shall so designate the profession and add
it to the First Schedule.

(3) A designation may include two or more professions in the
same specified profession.

(4) If an application is made under section 4A(1) and the
Minister determines under subsection (1) that it is contrary to the
public interest to designate the health profession as a specified
profession, the Minister shall refuse the application and provide the
applicant with reasons for the refusal.

Establishment and constitution of Boards
4E (1) Where the Minister designates a health profession as a
specified profession under this Act —

(a) if the number of persons lawfully practising the
specified profession is less than five persons, the
persons shall be regulated by the Council; and

(b) if five or more persons are lawfully practising the
profession, there shall be established for that
profession a Board which shall perform the functions
assigned to it under section 4F.

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(2) Each Board shall consist of a Chairman appointed by the
Minister and three members elected from among registered persons
practising the profession for which the Board is established.

(3) Where a Board has been established under this section, it
shall continue in being until such time as it is abolished by the
Minister, notwithstanding that there are less than five persons in
Bermuda lawfully practising the specified profession for which it has
been established.

(4) The Minister may, by order, abolish a Board if there are
less than five persons in Bermuda lawfully practising the specified
profession for which the Board was established.

(5) The provisions contained in the Second Schedule shall
have effect with respect to Boards.

Functions of Boards
4F (1) The Board of a specified profession shall recommend to
the Council —

(a) the qualifications and practical experience required
for the registration of registered persons in that
profession; and

(b) requirements for the continuing education of
registered persons.

(2) The Board of each specified profession shall —

(a) establish qualification and training requirements for
the enrolment of assistants in that profession;

(b) recommend to the Council for enrolment persons
who meet the established qualification and training
requirements in that profession; and

(c) appoint examiners to conduct examinations for
persons applying for enrolment as assistants in that
profession.

Committees
4G (1) The Council —

(a) shall establish two standing committees, one to be
called the Preliminary Proceedings Committee and
the other the Professional Conduct Committee; and

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(b) may establish other committees as it considers
appropriate.

(2) The membership of a committee shall be determined by
the Council.

(3) A committee established under section 4G(1)(b) may have
persons on it who are not members of the Council.

(4) The Chairman of the Council shall, after consultation
with the Council, appoint a member of the Council as the Chairman
for each committee.

(5) The procedures to be observed in relation to the conduct
of the business of a committee —

(a) shall be as determined by the Council; or

(b) shall, if the Council has not determined any
procedures in general or any procedures in relation
to a particular matter, be as determined by the
committee.

Preliminary Proceedings Committee
4H (1) The Preliminary Proceedings Committee shall consist of a
Chairman and two members of the Council.

(2) The functions of the Preliminary Proceedings Committee
are —

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

(i) the registered person’s registration or the
assistant’s enrolment was improperly obtained;

(ii) the registered person or assistant is guilty of
professional misconduct;

(iii) the registered person or assistant is unfit to be
registered or enrolled; or

(iv) the registered person or assistant is unfit to
practise or be enrolled by reason of conviction of
an indictable offence, adverse physical or mental
health or being drug or alcohol impaired in the
course of performing professional functions; and

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

(3) Where a complaint is made under this section, the
Preliminary Proceedings Committee shall investigate the complaint and
determine whether, in its 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 Professional Conduct
Committee;

(b) arose from a misapprehension on the part of the
complainant or a misunderstanding between the
complainant and the registered person or assistant
and ought to be dealt with in accordance with
subsection (8); or

(c) ought to be referred to the Professional Conduct
Committee for its determination.

(4) The Preliminary Proceedings Committee may, if it
considers it is necessary for the protection of the public, recommend to
the Council that it make an interim order suspending the registered
person from the register or the assistant from the roll, as the case may
be, for such period as the Council considers appropriate.

(5) The Preliminary Proceedings Committee shall notify the
registered person or assistant —

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

(b) that the Committee will investigate the complaint
unless that person or assistant shows cause in
writing, within fourteen days of the date of the
notification, why the matter should not be
investigated.

(6) If the Preliminary Proceedings Committee determines 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
Professional Conduct Committee, the Preliminary Proceedings
Committee shall dismiss the complaint.

(7) The Preliminary Proceedings Committee, after
investigating a complaint may recommend to the Council that

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guidelines on future conduct be issued by the Council to all registered
persons, assistants or to a specified profession concerning any of the
matters coming to its attention in the course of enquiry.

(8) If the Preliminary Proceedings Committee determines that
the complaint arose from a misapprehension on the part of the
complainant or a misunderstanding between the parties, it may
require the parties to appear before the Preliminary Proceedings
Committee in order to discuss the matter with a view to resolving the
misapprehension or misunderstanding.

(9) The Preliminary Proceedings Committee may immediately
refer the matter to the Professional Conduct Committee if it concludes
that the complaint against the registered person or assistant is
sufficiently serious, or that it is appropriate for other reasons to do so.

Professional Conduct Committee
4I (1) The Professional Conduct Committee shall consist of a
Chairman and two members of the Council.

(2) The functions of the Professional Conduct Committee are
—

(a) to receive, investigate, or cause to be investigated,
hear, determine and take action concerning
complaints against any registered person or assistant
that are referred to it by the Preliminary Proceedings
Committee in accordance with section 4H; and

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

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

(a) inside or outside of Bermuda; or

(b) at any time, whether or not at a time when the
person was a registered person or an assistant.

Investigation by Professional Conduct Committee
4J (1) The Professional Conduct Committee shall, as soon as
practicable, set a date and time to hear and determine any matter
referred to it under section 4H.

(2) The Professional Conduct Committee 

(a) shall inform the person against whom the complaint
has been made of the complaint, set out its nature
and give the person an opportunity to be heard; and

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

(3) The Professional Conduct 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;

(ii) the Council direct the Registrar to remove a
person’s name from the register or roll, as the
case may be, in accordance with section 7(1); or

(iii) the Council impose any of the disciplinary
measures referred to in section 4K.

(4) Before imposing any disciplinary measure, the Council
may review any documents or information submitted to it by the
Professional Conduct Committee.

Disciplinary powers of Council
4K (1) In addition to the powers conferred by section 7(1), the
Council may —

(a) impose one or more of the following conditions —

(i) a condition restricting the places and times at
which the registered person may provide
professional services or the assistant may be
employed in the provision of such services;

(ii) a condition limiting the kind of services that the
registered person may provide or the type of
employment in which the assistant may be
engaged;

(iii) a condition that the registered person be
supervised in the provision of professional services
by a particular person or by a person of a
particular class or that the assistant be supervised
in the provision of such services by a registered
person or a class of registered person; and

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

(b) admonish or warn the registered person or assistant;

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(c) subject to section 4L, require the registered person or assistant
to pay a fine not exceeding $2,000;

(d) suspend the registered person’s registration or the assistant’s
enrolment in a specified profession for a period not exceeding
one year; or

(e) disqualify a registered person from being registered in a
specified profession or an assistant from being enrolled in a
specified profession.

(2) The Council may stipulate that any condition, disqualification or
suspension imposed under subsection (1) is to apply —

(a) permanently;

(b) for a specified period;

(c) until the fulfilment of specified conditions; or

(d) until a further order of the Council.

(3) The Council may stipulate that any condition,
disqualification or suspension imposed under subsection (1) shall have
effect at a specified future time and impose conditions as to the
conduct of the registered person or assistant in relation to the
provision of professional services until that time.

Administrative fines
4L (1) Where a court finds a registered person or an assistant
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
registered person or assistant shall not be liable to a fine under section
4K(1)(c) in respect of the complaint.

(2) The Council may, in relation to a fine imposed on a
registered person or assistant under section 4K(1)(c) —

(a) fix a period within which the fine shall be paid; and

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

(3) A fine imposed under section 4K(1)(c) is recoverable by
the Crown as a debt.

(4) If a person fails to pay a fine imposed under section
4K(1)(c), the Council may direct the Registrar to remove the person’s
name from the register or roll, as the case may be.

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Designation of Registrar
4M The Minister shall designate, on such terms and conditions as
are necessary for the proper carrying out of the provisions of this Act, a
person to be the Registrar of Allied Health Professions.

Establishment and maintenance of register
4N (1) The Registrar shall keep, in such form and manner as the
Council thinks appropriate, a register to be known as the Register of
Allied Health Professions, setting out the names, addresses, status,
qualifications of all registered persons and such other particulars as
may be prescribed.

(2) The register shall have a separate part for each specified
profession.

(3) The Registrar shall —

(a) remove from the register any entry which the
Council directs the Registrar to remove;

(b) restore to the register any entry which the Council
directs the Registrar to restore;

(c) correct in accordance with the Council’s directions,
any entry in the register which the Council directs
the Registrar to correct; and

(d) from time to time, make any necessary alterations in
the particulars of registered persons.

(4) The register shall be open to inspection by any member of
the public during office hours, and a copy of the register shall be
published in the Gazette at such time and in such manner as may be
prescribed.

Establishment and maintenance of roll
4O (1) The Registrar shall keep, in such form and manner as the
Council considers appropriate, a list of all assistants to be known as
the Roll of Allied Health Professions, setting out the names, addresses,
status, qualifications of all assistants and such other particulars as
may be prescribed.

(2) The roll shall have a separate part for specified
profession.

(3) The Registrar shall —

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(a) remove from the roll any entry which the Council
directs the Registrar to remove;

(b) restore to the roll any entry which the Council directs
the Registrar to restore;

(c) correct in accordance with the Council’s directions,
any entry in the roll which the Council directs the
Registrar to correct; and

(d) make, from time to time, any necessary alterations in
the particulars of assistants.

(4) The roll shall be open to inspection by any member of the
public during office hours, and a copy of the roll shall be published in
the Gazette at such time and in such manner as may be prescribed.

Application for enrolment
4P (1) A person who seeks to be enrolled as an assistant in a
specified profession in Bermuda shall apply to the appropriate
authority in such form or manner as the Council may approve.

(2) An application for enrolment as an assistant shall set out
the grounds on which, and the specified profession in which, the
applicant seeks to be enrolled.

(3) The appropriate authority may require such evidence of
identity, such verification of any matter alleged by the applicant, or
such further information relating to the application, as it thinks
requisite.

(4) An application under this section shall be accompanied
by the prescribed fee.

(5) The appropriate authority shall recommend the applicant
for enrolment as an assistant in a specified profession if the applicant
satisfies the appropriate authority that—

(a) he holds a qualification in that profession for the
time being accepted for the purposes of this Act by
the appropriate authority;

(b) he has sufficient practical experience in that
profession; and

(c) he is a fit and proper person to be enrolled in that
profession.

(6) The appropriate authority shall recommend to the
Council for enrolment a person who is employed as an assistant in a
specified profession in Bermuda at the commencement of this Act

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notwithstanding that he does not hold a qualification of the nature
specified in subsection (5)(a) if the appropriate authority is of the
opinion that such person is a fit and proper person to be enrolled as
an assistant.

(7) In determining whether a person is a fit and proper
person to be enrolled, the appropriate authority may require that
person to undergo such tests or examinations as it considers
appropriate.

(8) For the purposes of enrolment under this Act, the
appropriate authority may require an applicant to submit to such
examination relating to his competence in the specified profession in
which he seeks to be enrolled as the appropriate authority thinks
necessary.

(9) If the appropriate authority recommends a person for
enrolment, the Council shall –

(a) cause the Registrar to enroll the person as an
assistant in a spcified profession in which he is
recommended for enrolment,

(b) notify the person in writing accordingly;

(c) direct the Registrar to issue a certificate of enrolment
in the prescribed form to the person; and

(d) direct the Registrar to put a notice of the enrolment
in the Gazette.

(10) If the appropriate authority is not satisfied as to the
eligibility of the applicant to be enrolled in the specified profession in
which he seeks enrolment, it shall refuse to enroll the applicant and
shall notify him in writing of the refusal.

(11) A person who is enrolled as an assistant in a specified
profession under this Act and duly issued with a certificate of
enrolment is entitled to practice in the specified profession in which he
is registered in Bermuda and to demand and recover any reasonable
charges for services rendered by him in that capacity.

(12) The Registrar shall publish a notice of the enrolment in
the Gazette.”.

Repeals and replaces section 5
6 Section 5 of the principal Act is repealed and the following substituted
—

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“Application for registration
5 (1) A person who seeks to practise a specified profession in
Bermuda shall apply to the appropriate authority in such form or
manner as the Council may approve.

(2) An application for registration shall set out the grounds
on which and the specified profession in which the applicant seeks
registration.

(3) The appropriate authority may require such evidence of
identity, such verification of any matter alleged by the applicant, or
such further information relating to the application as it thinks
requisite.

(4) An application under this section shall be accompanied
by the prescribed fee.

(5) The appropriate authority shall recommend the applicant
to the Council for registration if the applicant satisfies the appropriate
authority that —

(a) he holds a qualification in that profession for the
time being accepted for the purposes of this Act by
the appropriate authority;

(b) he has sufficient practical experience in that
profession; and

(c) he is a fit and proper person to be registered in that
profession.

(6) The appropriate authority shall recommend to the
Council for registration an applicant carrying on a specified profession
in Bermuda at the commencement of this Act notwithstanding that he
does not hold a qualification of the nature specified in subsection (5)(a)
if the appropriate authority is of the opinion that such person is a fit
and proper person to practise such profession.

(7) In determining whether a person is a fit and proper
person to be registered, the appropriate authority may require that
person to undergo such tests or examinations as it may consider
appropriate.

(8) For the purposes of registration under this Act, the
appropriate authority may require an applicant to submit to such
examination relating to his competence to be registered in the specified
profession in which he seeks registration as the Council thinks
necessary.

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(9) If the appropriate authority recommends the applicant for
registration, the Council shall —

(a) cause the Registrar to register the applicant in the
specified profession in which he is recommended for
registration;

(b) notify the applicant in writing accordingly;

(c) direct the Registrar to issue to him a certificate of
registration in the prescribed form; and

(d) direct the Registrar to publish a notice of the
registration in the Gazette.

(10) If the appropriate authority is not satisfied as to the
eligibility of the applicant to be registered in the specified profession in
which he seeks registration, it shall refuse to register the applicant and
shall notify him in writing accordingly.

(11) A person who is registered in a specified profession
under this Act and who has been duly issued with a certificate of
registration and a valid practicing certificate is entitled to practise in
the specified profession in which he is registered in Bermuda and to
demand and recover any reasonable charges for services rendered by
him in that capacity.

(12) The Registrar shall publish a notice of the registration in
the Gazette.”.

Amends section 5A
7 Subsection (2)(b) of section 5A of the principal Act is amended
by deleting “subsection 5(3)” and substituting “subsection 5(5)”.

Inserts new section 5C
8 The principal Act is amended by inserting next after section 5B the
following -

“Enrolment, period of validity
5C (1) Enrolment of an assistant shall have effect for a period of
two years from the date of enrolment or such shorter period as the
Council specifies in a certificate of enrolment issued by the Registrar.

(2) The Council may renew the enrolment of a person and
issue a certificate of enrolment if the person —

(a) on or before the expiration date of his registration —

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(i) applies for the renewal of registration; and

(ii) pays the prescribed renewal fee;

(b) satisfies the requirements of this Act relating to
qualifications and experience; and

(c) complies with the requirements of the continuing
education programme that are applicable to him.

(3) The Council may direct the Registrar to remove from the
roll the name of any person who fails to renew his enrolment under
subsection (2) or whose application for renewal is refused.”.

Amends section 6
9 Section 6 of the principal Act is amended —

(a) in the head note, by inserting immediately after the word
“registration” the words “or enrolment”;

(b) by repealing the words “Chairman of the Council” and
substituting the word “Registrar”; and

(c) by inserting –

(i) immediately after the words “any register” the words “or
roll”;

(i) immediately after the words “so registered” the words “or
enrolled”; and

(ii) immediately after the word “registration” the words “or
enrolment”.

Inserts new section 6A
10 The principal Act is amended by inserting next after section 6, the
following —

“Inactive status and provisional registration
6A (1) Where a registered person intends —

(a) to be absent from Bermuda,

(b) to practise outside Bermuda, or

(c) to refrain from practising in Bermuda,

for a period of more than 12 months, he may apply to the Council to
have his registration designated as inactive and shall return his
certificate to the Registrar; and the Council shall direct the Registrar to
enter a notation on the register indicating inactive status.

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(2) A person whose registration is designated as inactive and
who seeks to return to practise in Bermuda may apply to the Council
for reissue of his certificate and the Council shall —

(a) if satisfied that he continues to meet the
qualifications and experience required for registration
under section 5(5), request the Registrar to reissue
his certificate and remove the notation of inactive
status; or

(b) if not satisfied that he continues to meet the
qualifications and experience required for registration
under section 5(5), request the Registrar to register
him for a provisional term, subject to a condition that
he completes any specified continuing education, and
to enter a notation on the register indicating
provisional status.”.

Amends section 7
11 Section 7 of the principal Act is amended —

(a) by repealing the headnote, and substituting the following
“Removal of name from register or roll”;

(b) by repealing subsection (1) and substituting the following —

“(1) Where a person whose name appears on a register or a
roll is convicted by any court in Bermuda or elsewhere of a
criminal offence or is found unfit or guilty, pursuant to an
allegation set out in section 4H(2), the Council may direct that
the person’s name be removed from the register or roll, as the
case may be.”;

(c) in subsection (3), by deleting the words “appropriate authority”
and substituting the word “Council”; and

(d) in subsection (4), by inserting immediately after the word
“register” the words “or roll”.

Amends section 8
12 Section 8 of the principal Act is amended—

(a) by deleting the head note and substituting the following -
“Registration or enrolment after removal of name from
register or roll”;

(b) by inserting immediately after the words “a register” the words
“or a roll”;

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(c) by deleting the words “appropriate authority” wherever they
appear and substituting in each case the word “Council”;

(d) by inserting immediately after the words “that register” the
words “or roll”; and

(e) by inserting immediately after the word “the register” the
words “or the roll”.

Amends section 9
13 Section 9 of the principal Act is amended —

(a) by repealing the head note, and substituting the following
“Power of Council to obtain information”;

(b) by repealing subsection (1) and substituting the following —

“(1) For the purpose of an inquiry under section 7(2), the Council shall
have power, by order under the hand of the Chairman, to require any person
to attend before the Council, and to give evidence on oath or otherwise, and to
require the production of documents, so as to elicit all such information as the
Council may consider necessary.”; and

(c) in subsection (2) by deleting the words “appropriate authority”
wherever they appear and substituting the word “Council”;

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

(a) in the headnote, by repealing the words “proper or improper
conduct” and substituting the word “conduct”;

(b) in subsection (1), by repealing the words “or improper conduct
in a professional respect” and substituting the words “conduct
or professional misconduct”; and

(c) in subsection (2),

(i) by repealing the words “infamous conduct in a professional
respect” and substituting in each case the words “professional
misconduct”; and

(ii) by deleting the words “appropriate authority” wherever they
appear and substituting the word “Council”.

Inserts new sections 12A
15 The principal Act is amended by inserting next after section 12 the
following —

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“Prohibitions regarding practice of specified profession
12A (1) If a regulation under this Act limits the services that may
be performed by a registered person in the course of practice of a
specified profession, the registered person shall limit his practice
accordingly.

(2) A person who contravenes subsection (1) commits an
offence:

Punishment on summary conviction: a fine of $2,000.”.

Amends section 13
16 Section 13 of the principal Act is amended —

(a) in subsection (1)

(i) by inserting immediately after the parentheses around
the words “by whatever name called” the words “or practise
as an assistant in a specified profession in Bermuda,”;

(ii) by inserting immediately after the word “registered” in
paragraph (a) the words “or enrolled”; and

(b) by inserting next after subsection (2) the following—

“(3) Nothing in this Act or the regulations prohibits a
person from —

(a) practising a profession, discipline or other
occupation in accordance with this or another Act;
or

(b) providing or giving first aid or temporary assistance
to another person in case of emergency if that aid
or assistance is given without gain or reward or
hope of gain or reward.”.

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

(a) in subsection (1)

(i) by deleting the words “appropriate authority” in paragraph
(c) and substituting the word “Council”;

(ii) by repealing the full stop appearing at the end of paragraph
(e) and substituting a semi-colon and by adding next after
that paragraph the following —

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“(f) prescribe the criteria to be applied under section 4D (1)
in determining whether it would be in the public interest
to designate a health profession as a specified
profession;

(g) in relation to a specified profession, prescribe the
following —

(i) the name of the Board;

(ii) one or more titles to be used exclusively by
registered persons;

(iii) services that may be performed by registered
persons and assistants;

(iv) limits or conditions on the services that may be
performed by registered persons or assistants;

(v) services that may be performed only by registered
persons; and

(vi) services that may be performed under the
supervision of a registered person by an assistant.”;
and

(b) in subsection (3) by deleting the word “orders” and substituting the
word “regulations”.

Amends section 14A
18 Section 14A of the principal Act is amended by deleting the words
“registration or renewal of registration” and substituting the words “designation
of a health profession as a specified profession, registration or renewal of
registration, or enrolment or renewal of enrolment as an assistant”.

Inserts new section 14B
19 The principal Act is amended by inserting next after section 14A the
following 

“Annual reports
14B The Council shall submit to the Minister, not later than
fourteen days after the end of each year, an annual report concerning
registration and enrolment, disciplinary proceedings and such other
activities of the Council, as the Minister may prescribe.”.

Amends the First Schedule
20 The First Schedule to the principal Act is amended —

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(a) by repealing the heading “FIRST SCHEDULE” and substituting
the following —

“FIRST SCHEDULE (sections 1(1) & 15(1))
Specified Professions”;

(b) by repealing the definition of “diagnostic imaging technologist"
and substituting the following —

“ "diagnostic imaging technologist" means a person who is
skilled in the production of diagnostic images for medical
interpretation through the use of one or more of the
following diagnostic imaging techniques —

(a) radiologic technology;

(b) nuclear medicine;

(c) computed tomography;

(d) ultrasonography;

(e) mammography;

(f) magnetic resonance imaging;

(g) bone densitometry;

(h) echosonography;”;

(c) by repealing the definition of “dietician” and substituting the
following —

“dietician” means a person qualified in nutrition and dietetics
and skilled in the science of nutrition, in the feeding and
education of persons for the promotion of good health and
the prevention and management of disease;

(d) by repealing the definition of “occupational therapist” and
substituting the following —

“occupational therapist” means a person skilled in the
assessment and treatment of individuals who are limited by
physical injury or illness, psychosocial dysfunction,
developmental or learning disabilities, or the aging process,
through the use of purposeful activity and adaptive
equipment and technology in order to maximize
independence, prevent disability and maintain heath;”;

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(e) by repealing the definition of “physiotherapist" and
substituting the following —

“physiotherapist/physical therapist” means a person skilled in
the art of identifying human movement and functional
disorders, promoting and stimulating healing and the
return of physical function by use of electro-physical
agents, exercise prescriptions, specialized manual
techniques and other 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;”; and

(f) in the definition of “speech, language pathologist” by inserting
immediately after the word “communication” the words “and
swallowing”.

Amends the Second Schedule
21 The Second Schedule to the principal Act is amended —

(a) in Part I by inserting the word “or”

(i) next after the word “appointed” in item 1;

(ii) next after the word “incapacity ” in item 3; and

(b) in Part III by deleting the words “section 5 or 7” in item 3 and
replacing them with the words “section 5”.