Chapter 32:02 - Medical Practitioners

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L.R.O. 1/2012 L.R.O. 1/2012
LAWS OF GUYANA
MEDICAL PRACTITIONERS ACT
CHAPTER 32:02
Act
16 of 1991
Amended by
14 of 1999 O. 9/2000 12 of 2001
7
4
of
of
2006
2009

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.






1 – 135 ... 1/2012
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Index
of
Subsidiary Legislation
The Medical Practitioners (Code of Conduct and Standards of
Practice) Regulations
(Reg. 22/2008)
Page
33






Note
on
Repeal
This Act Repeals the Medical Service Ordinance, except in so far as it relates to dentists, sick
nurses and dispensers, and osteopaths; the Medical Practitioners (Temporary Registration)
Ordinance; the Medical Practitioners’ Ordinance; the Medical Practitioners (Registration
Ordinance), 1959.

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CHAPTER 32:02
MEDICAL PRACTITIONERS ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
ESTABLISHMENT AND FUNCTIONS OF MEDICAL COUNCIL OF
GUYANA
3. Establishment of Medical Council of Guyana.
4. Functions of Council.
PART III
MEDICAL PRACTITIONERS
5. Register of Medical Practitioners.
6. Registration of medical practitioners.
7. Registration of higher or additional qualification or training.
8. Annual registration of medical practitioners.
9. Publication of list of medical practitioners.
10. Internship, institutional, full registration.
11. Validity of certificate issued by medical practitioner.
PART IV
OFFENCES
12. Fraudulently attempting to register.
13. Improper use of medical title.
14. Molestation of medical practitioners in execution of duty.

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SECTION
15. General penalty.
PART V
MISCELLANEOUS
16. Medical districts.
17. Disciplinary proceedings.
18. Restoration of name to register.
19. Appeals.
20. Council’s discretionary power of erasure in registers.
21. Evidence of registration.
22. Recovery of fees.
23. Regulations.
24. Power to amend Schedules.
25. Repeal and savings.
26. Members to vacate office on constitution of new Council.
FIRST SCHEDULE—Constitution and proceedings of the Council
SECOND SCHEDULE—Forms
THIRD SCHEDULE—Hospitals or institutions approved by the
Council
__________________________
CHAPTER 32:02
MEDICAL PRACTITIONERS ACT
16 of 1991 An Act to make new provision for the registration of
medical practitioners and for matters connected
therewith.
[27TH SEPTEMBER, 1991

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PART I
PRELIMINARY
Short title.

Interpretation.
[7 of 2006]
1. This Act may be cited as the Medical Practitioners
Act.
2. In this Act—

“Council” means the Medical Council of Guyana established
by section 3;
“Form” means a form in the Second Schedule;

“former ordinance” means the Medical Service Ordinance
or the Medical Practitioners Ordinance;
“medical practitioner” means a person qualified to practise
medicine or surgery, who is duly registered as a
medical practitioner under this Act and whose name
appears in the register;
“Member State” has the same meaning assigned to it in the
Revised Treaty of Chaguaramas establishing the
Caribbean Community (CARICOM), including the
CARICOM Single Market and Economy signed at
Nassau, The Bahamas, on 5th July, 2001;
“national” means a person who –
(a) is a citizen of a Member State; or
(b) has a connection with a Member State
of a kind which entitles him to be
regarded as belonging to or, if it be so
expressed, as being a native or
resident of the State for the purposes
of the laws thereof relating to
immigration;
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Establishment
of Medical
Council of
Guyana.
First Schedule.

Functions of
Council.
“register” means the appropriate register required to be kept
by the Secretary under this Act;
“Secretary” means the Secretary to the Board;
“specialist” means a medical practitioner who has had higher
medical or surgical training and is registered to
practise in that higher specialist skill under this Act.
PART II
ESTABLISHMENT AND FUNCTIONS OF MEDICAL
COUNCIL OF GUYANA
3. (1) There is hereby established a Council to be
known as the Medical Council of Guyana which shall be a
body corporate.
(2) The provisions of the First Schedule shall have
effect as to the constitution and proceedings of the Council
and otherwise in relation thereto.
4. (1) The functions of the Council shall be—
(a) to register medical practitioners;
(b) to appoint examiners and to
conduct examinations in respect of
persons applying for registration as
medical practitioners as may from
time to time be necessary under the
provisions of this Act;
(c) to ensure the maintenance of
proper standards established by the
Council of professional conduct by
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Register of
Medical
Practitioners.
Form 1
Second
Schedule.
medical practitioners and when
necessary to take disciplinary action;
(d) to advise the Minister where
necessary on matters relating to
medical services in Guyana and the
performance of those services by
medical practitioners;
(e) to deal with matters referred to it by
the Minister; and
(f) to perform such other functions as are
entrusted to it by or under this Act or
any other law.
(2) The Council may, subject to the regulations,
charge fees for conducting examinations, issuing certificates,
registering medical practitioners and for any other services
rendered by it, and all such fees shall form part of the funds
of the Council.
(3) All expenditure incurred by the Council in
carrying out the purposes of this Act shall be defrayed out of
the funds of the Council.
PART III
MEDICAL PRACTITIONERS
5. (1) The Secretary shall keep and maintain a register
in Form 1 to be known as the Register of Medical
Practitioners in which the Secretary shall cause to be entered
the name and other particulars of every person registered as a
medical practitioner under this Act.
(2) Subject to subsection (3), a person whose name
is not entered in the register shall be deemed not to be
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registered.
(3) All persons who were registered as medical
practitioners under the former Ordinances immediately prior
to the commencement of this Act are entitled to be registered
under this Act without application on the part of such
persons, and pending the entry of their names in the register
they shall be deemed to be duly registered.
(4) The register shall at all reasonable times be
open to inspection at the office of the Council by any medical
practitioner or other person authorised by the Minister.
(5) The Secretary shall, from time to time, make
such alterations as directed by the Council in the
qualifications and addresses as necessary of medical
practitioners and shall remove from the register the name of a
medical practitioner who is deceased or is no longer entitled
to practise medicine or surgery, or whose whereabouts are
not known, or who has been continually absent from Guyana
for more than three years, not on training, secondment or
other purpose approved by the Council:
Provided that the Council may restore a medical
practitioner’s name on the register upon his again fulfilling
the requirements for registration in the opinion of the
Council.
(6) Any medical practitioner who changes his
address shall immediately notify the Secretary of his new
address.
(7) When a medical practitioner’s name has been
removed from or restored to the register, the Secretary shall
cause such removal or restoration to be published in the
Gazette.


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Registration of
medical
practitioners.
[7 of 2006]
Form 2
Second
Schedule.
6. (1) Any person, who applies to the Council to be
registered as a medical practitioner and who satisfies the
Council that he—
(a) is a citizen of Guyana, the spouse of a
citizen of Guyana, is resident in
Guyana or is a national of a Member
State;
(b) can communicate satisfactorily in
English;
(c) is of good character;
(d) holds a diploma or certificate
obtained by examination after
attending a medical school approved
by the Council;
(e) is qualified to practise independently
in the country where he obtained his
Diploma or Certificate,
shall, upon submission of the sworn declaration in Form 2 in
the Second Schedule, and on payment of the prescribed
fee, be entitled with approval of the Council to be registered
as a medical practitioner.
(2) The Council may require any person who
applies for registration as a medical practitioner under this
Act and who does not, in accordance with the criteria of the
Council whether prescribed or not, fulfil the requirement of
subsections (1) (b), (d) or (e) to submit to such examination as
the Council thinks necessary.
(3) Where the Council is satisfied that an applicant
for registration fulfils the requirements specified in subsection
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Form 3
Second
Schedule.

Registration of
higher or
additional
qualification or
training.

Form 4
Second
Schedule.
Annual
registration of
medical
practitioners.
[ 6 of 1997
4 of 2009]
Form 5
Form 6
(1) the Secretary shall register the applicant.
(4) The Secretary shall issue to every person
registered as a medical practitioner under this Act a certificate
of registration in Form 3.
7. (1) A medical practitioner who obtains qualification
or training approved by the Council higher than or additional
to that in respect of which he is registered shall be entitled
with the approval of the Council to have such higher or
additional qualification or training entered by the Secretary to
his name in the register.
(2) The Secretary shall issue to such medical
practitioner a certificate for the higher or additional
qualification or training in Form 4 in substitution for or in
addition to, as the case may be, the qualification in respect of
which he is registered.
8. (1) The Secretary shall keep a register in Form 5 to
be known as the Annual Register of Medical Practitioners,
and enter therein the names and other particulars of all
persons entitled to practise medicine or surgery in each year.
(2) A medical practitioner who desires to practise
as such in Guyana in any year shall, in the month of January
of that year, cause his name to be registered in the Annual
Register of Medical Practitioners and obtain a licence of such
registration in Form 6, from the Secretary on payment of the
prescribed fee.
(3) In order to be registered under subsection (2) a
medical practitioner must submit evidence of having
attended a minimum of twelve academic sessions of which a
maximum of four academic credits could be on-line CME
offered by a recognised agency, institution or professional
body, recognised by the Council during the preceding year,
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Publication of
list of medical
practitioners.

Internship,
institutional,
full
registration.
but where a medical practitioner is being registered for the
first time he shall at that time be required to obtain a licence
of annual registration on payment to the Secretary of the
prescribed fee:
Provided that the Council may waive the requirement
of attendance at academic sessions where the Council is
satisfied that it was impracticable for the medical
practitioner to attend such sessions.
(4) A person who practises as a medical
practitioner without having been registered under this section
shall be guilty of an offence punishable on summary
conviction by a fine of thirty thousand dollars and a further
fine of fifteen hundred dollars for each day he so practises.
9. (1) The Secretary shall cause to be published in the
Gazette in the month of February in each year an alphabetical
list, surname first, of persons and their qualifications—
(a) who have been registered as
medical practitioners under section 6;
and
(b) who have, at the 31st January in
that year, been registered pursuant
to section 8.
(2) A copy of the Gazette containing either of the
lists referred to in subsection (1) shall be prima facie evidence
in any Court of the registration and qualifications of any
person mentioned in either such list.
10.(1) Notwithstanding the provisions of section 6, the
Secretary with the approval of the Council may—
(a) grant internship registration to any
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Third Schedule.
Form 7
Second
Schedule.
Form 8
Second
Schedule.
Third
Schedule.
person, who has satisfied the
requirements of section 6 (1), (a), (b),
(c) and (d) and is employed as an
intern in any hospital or other
institution in Guyana, approved by
the Council as set out in the Third
Schedule, for a period of not less than
one year and furnish him with a
licence of internship in Form 7 on
payment of the prescribed fees; or
(b) grant institutional registration for not
more than three years to any person
and furnish him with a licence of
registration in Form 8, on payment of
the prescribed fee, if such person—
(i) does not fulfil the
requirement of section 6 (1) (a),
(b), (d) or (e) but whose
qualification is recognised for
the time being by the Council
as furnishing sufficient
evidence of the possession of
the requisite knowledge and
skill for the efficient practice of
medicine or surgery; and
(ii) satisfies the Council that he is
employed or has been selected
for employment in any
institution in the Government
specified by the Minister or in
any hospital mentioned in the
Third Schedule;
(c) grant full registration to any person
who has satisfactorily completed the
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Form 9
Second
Schedule.
Form 10
Second
Schedule.
Validity of
certificate
issued by
medical
practitioner.
Fraudulently
attempting to
register.
[6 of 1997]
period of institutional or internship
registration and furnish him with a
certificate of registration in Form 9 on
payment of the prescribed fee;
(d) grant a licence in Form 10 for a period
not exceeding nine months to any
person who satisfies the
requirements of section 6 (1) (c), (d)
and (e), but not (a) and (b), on
payment to the Secretary of the
prescribed fee which may be waived
by the Chairman of the Council
provided that no fee is accepted by
the person for all medical services
rendered under this licence.
(2) No person shall be entitled to possess at any
time more than one certificate of registration.
11. Subject to any other law, no certificate required to
be signed by a medical practitioner shall be valid unless the
person signing it is a medical practitioner registered under
this Act.
PART IV
OFFENCES
12. A person who—
(a) wilfully procures or attempts to
procure registration under this Act
for himself or for any other person by
making or producing or causing to be
made or produced, any false or
fraudulent representation or
declaration, either verbally, in
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Improper use
of medical title.
[6 of 1997]

writing or otherwise; or
(b) aids or assists any person therein,
shall be guilty of an offence under this Act and liable on
summary conviction to a fine of one hundred and fifty
thousand dollars and to imprisonment for two years.
13.(1) Any person, not being a medical practitioner
who—
(a) takes or uses the name, title, addition
or description implying or calculated
to imply that he is registered as a
medical practitioner under this Act or
that he is recognised by law as a
person authorised or qualified to
practise medicine or surgery;
(b) assumes or uses any affix
indicative of any occupational
designation relating to the practice of
medicine or surgery; or
(c) pretends to be or holds himself out
as, whether directly or by implication,
a person practising or authorised or
qualified to practise medicine or
surgery,
shall be guilty of an offence and liable on summary conviction
to a fine of two hundred and twenty-five thousand dollars
and to imprisonment for eighteen months.
(2) The provisions of subsection (1) shall not apply
to the practice of medicine or surgery by any person—

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(a) acting under the direct supervision
of a medical practitioner;
(b) having internship or institutional
registration;
(c) registered, licensed or enrolled under
any written law, who under the
authority thereof performs or
provides any service which he is
authorised or entitled to perform or
provide; or
(d) who renders first aid to the sick or
injured, or who as a duly registered
chemist and druggist exercises what
is known as counter prescribing in the
ordinary course of his business and
under the conditions determined by
the Council.
(3) Any person registered as a medical practitioner
under this Act who—
(a) uses on any letter-head or sign-board
at his premises or clinic, any name,
title, addition or description
reasonably calculated to suggest that
he is a specialist or an expert or
possesses any professional status or
qualification higher than a
professional status or qualification,
which he in fact possesses and
which is entered in the register; or
(b) advertises in connection with his
practice, except under the conditions
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Molestation of
medical
practitioners in
execution of
duty.
[6 of 1997]
General
penalty.
[6 of 1997]
Medical
districts.

Disciplinary
proceedings.
prescribed by regulations governing
the advertising by a medical
practitioner,
shall be guilty of an offence under this Act and liable on
summary conviction to a fine of one hundred and fifty
thousand dollars and to imprisonment for eighteen months,
and a further fine of six thousand dollars for each day that the
offence continues.
14. Any person who molests, hinders, or opposes
any medical practitioner during the exercise of any function
under this Act or any other written law shall be guilty of an
offence and liable on summary conviction to a fine of thirty
thousand dollars and to imprisonment for twelve months.
15. Any person who is in breach of any of the
restrictions, requirements or conditions imposed by this Act
or regulations, for which no specific penalty has been
provided, shall be liable on summary conviction to a fine of
sixty thousand dollars and to imprisonment for two years.
PART V
MISCELLANEOUS
16. (1) The Minister may by order specify any part of
Guyana to be a medical district and may, from time to time,
likewise alter or revoke any order so made, or alter the limits
of any medical district, including those referred to in
subsection (2).
(2) Subject to subsection (1), the medical districts
existing at the commencement of this Act shall be deemed to
have been specified under this section.
17. (1) A medical practitioner who is —

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(a) convicted of an offence outside
Guyana which if committed in
Guyana would be punishable on
indictment;
(b) convicted of such offence in Guyana;
or
(c) guilty of professional misconduct or
malpractice,
shall be subject to disciplinary proceedings.
(2) Where it shall appear, or be represented, to the
Council that a medical practitioner may be guilty of
professional misconduct or malpractice the Council shall
afford the practitioner a reasonable opportunity of
answering the complaint.
(3) Where in any proceedings under this section
the Council is satisfied that a medical practitioner was
convicted of an offence under subsection (1) (a) or (b) or is
found guilty of professional misconduct or malpractice, it
may—
(a) censure him;
(b) suspend his registration for such
period as may be determined by the
Council and approved by the
Minister;
(c) direct the Secretary to remove his
name from the register.
(4) When the name of any person is removed from
the register, the Council may, in writing, require such
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Restoration of
name to
register.
Appeals.

Council’s
discretionary
power of
erasure in
registers.
person to return to the Secretary his certificate of
registration and such person shall comply with that
requirement.
18.(1) The Council may at any time, and shall upon a
decision on an appeal under section 19 that the name of a
practitioner shall be restored to the register, direct the
Secretary to restore to the register any name removed
therefrom under section 17(3).
(2) The Council shall, as soon as practicable after
suspending the registration of a medical practitioner under
section 17(3) or after the restoration of the name of any person
to the register under subsection (l), cause notice thereof to be
published in the Gazette .
19. Any person who is aggrieved by the refusal of the
Council to register him under this Act or by its decision to
censure him or suspend his registration or cause his name to
be removed from the register may within six weeks of the
communication to him of the decision of the Council appeal
to a Judge of the High Court in Chambers, who shall give
such directions in the matter as he may think proper,
including a direction as to the costs of the appeal.
20. (1) The Council shall cause to be removed from
any of the registers kept under this Act any entry which has
been incorrectly or fraudulently made.
(2) Where the Council directs the removal from
any of the registers of the name of any person, or of any other
entry the name of that person or entry shall not again be
entered in the register, except by direction of the Council.
(3) If the Council thinks fit in any case, it may
direct the Secretary to restore to any of the registers, any
name or entry erased there from, either without fee or on
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Evidence of
registration.

Recovery of
fees.

Regulations.
[12 of 2001]
payment of the prescribed fee, and the Secretary shall restore
the same accordingly.
(4) The name of any person removed from any of
the registers at the request of such person or with his consent
shall, unless it was liable to be erased by order of the Council,
be restored to the register from which it was erased on his
application therefor and on payment of the prescribed fee.
21. Copies of the registers for the time being
published in the Gazette in accordance with the provisions of
this Act shall be prima facie evidence in all cases, that the
persons and the qualifications therein specified are registered
under this Act:
Provided that in the case of a person whose name does
not appear in the Gazette, a certified statement under the
hand of the Secretary of the entry of his name or qualification
in any particular register shall be conclusive evidence thereof.
22.(1) A registered medical practitioner shall be
entitled to demand and recover reasonable charges for
professional services rendered and the cost of any medicines
or medical or surgical appliance supplied by him to his
patients.
(2) No person shall be entitled to recover any fees
or other charges in a court for rendering medical services or
for prescribing and supplying medicines, unless he is duly
registered under this Act.
23.(1) The Minister on the advice of the Council
may make regulations which are necessary for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the
generality of the power conferred by subsection (1) such
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regulations may provide for—
(a) keeping of the registers and the
making of entries and erasures
therein;
(b) determining professional conduct
and general fitness to practise
medicine or surgery;
(c) instituting disciplinary proceedings
against a medical practitioner in
relation to any charge under section
17 and the manner in which such
proceedings are to be conducted;
(d) the criteria by which to determine
the eligibility for registration of
persons who do not possess the
required qualifications and the fees
for such examinations;
(e) prescribing the fees to be paid to the
Council by medical practitioners, or
any other person for any certificate or
other document issued or other
services performed by the Council;
(f) prescribing fees for registration;
(g) specifying conditions governing
advertising by medical practitioners;
(h) determining the conditions under
which any person may obtain the
benefit of the professional services of
a government medical officer;
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First Schedule

Power to
amend
Schedules.
Repeal
and savings.
(i) specifying the circumstances when
giving of information to the patient
as to the diagnosis of his illness and
the medication prescribed by the
medical practitioner is prohibited;
(j) prescribing the procedure for the
conduct of elections to the Council of
those members referred to in
paragraph 1 (c) of the First Schedule:
Provided that regulations for the
purpose of the first elections of such
members shall be made by the
Minister within thirty days of the
coming into operation of this
paragraph and such regulations shall
be deemed to have been made by the
Minister on the advice of the Council;
(k) prescribing anything which is
required to be or may be prescribed
by this Act.
24. The Minister may, on the advice of the Council,
amend the Second and Third Schedules.
25. (1) The following laws are hereby repealed –
(a) the Medical Service Ordinance, except
in so far as it relates to dentists, sick
nurses and dispensers and osteopaths;
(b) the Medical Practitioners (Temporary
Registration) Ordinance;

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Members to
vacate office
on constitution
of new Council.
[12 of 2001]
Constitution
of the Council
[12 of 2001]
(c) the Medical Practitioners Ordinance;
and
(d) the Medical Practitioners
(Registration) Ordinance, 1959.

(2) In relation to any other written law and the
unrepealed provisions of the Medical Service Ordinance,
every reference to the Board or an officer of the Board shall be
construed as a reference to the Council, established by this
Act or any officer of the Council, and the Council or an officer
of the Council shall have and may discharge the functions of
the Board or an officer of the Board respectively.

26.(1) The Chief Medical Officer shall be
responsible for the conduct of the election of the members of
the Council referred to in paragraph 1 (c) of the First
Schedule, in accordance with the regulations made under
section 23 (2) (j), within sixty days from the commencement of
the said regulations.
(2) The members of a Council shall vacate office
when the new Council is constituted, and the members
thereof enter upon the duties of their office.
FIRST SCHEDULE
CONSTITUTION AND PROCEEDINGS OF THE COUNCIL
1. The Council shall consist of—

(a) Chairman who shall be elected by
the Council from among the
members of the Council;
(b) the Chief Medical Officer who shall be
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Names of
members to be
published in
the Gazette
Terms of
service of
members.

Meetings of
Council.
[12 of 2001]
an ex officio member of the Council;
(c) six medical practitioners, each with at
least five years post registration
experience, to be appointed by the
Minister after having been elected,
in accordance with the regulations
made for this purpose, from among
the medical practitioners resident in
Guyana;
(d) two persons, who are not medical
practitioners to be appointed by the
Minister.
2. The names of the members of the Council as first
constituted and every change in the membership thereof shall
be published in the Gazette.
3. (1) An appointed member shall hold office for two
years and be eligible for re-appointment.
(2) A member who fails to attend three consecutive
meetings without permission from the Council shall be
deemed to have vacated his seat.
(3) A member shall cease to be a member of the
Council if he is guilty of any offence under section 17 (1).
4. (1) The Council shall meet at such time as may be
necessary or expedient for the transaction of business and
such meetings shall be held at such place and time and on
such days as the Council may determine.
(2) The Council may delegate any of its functions
to the Chairman.
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Employment of
officers and
employees of
the Council.
Disclosure of
interest.

Remuneration.

(3) Four members shall constitute a quorum.
(4) Minutes in proper form of every meeting of the
Council shall be kept by the Secretary and shall be confirmed
at a subsequent meeting by the Chairman or other member
duly presiding over the meeting, as the case may be.
(5) Subject to this Act and the regulations, the
Council may regulate its own procedure.
5. The Council may employ a Secretary and such
other officers and employees for carrying out its functions
and with the approval of the Minister, set their
remuneration and such other terms and conditions as it
thinks fit (including the payment of pensions, gratuities
and other like benefits by reference to the service of its
officers and other employees.)
6.(1) Where the interest of a member of the Council is
likely to be directly or indirectly affected by a decision of the
Council the member shall disclose the nature of the interest at
the first meeting of the Council at which he is present after the
relevant facts have come to his knowledge.
(2) Where there is a disclosure under
subparagraph (1), the Secretary shall record in the minutes
of the Council a full account of the disclosure, and the
member of the Council making the disclosure shall unless the
Council otherwise directs not present or take part in the
deliberations or vote at any meeting during the time when the
Council is deciding the matter in which the member has
disclosed an interest.
7. The remuneration and allowances, if any, and
other terms and conditions of appointment, of the members of
the Council shall be such as may be determined by the
Minister.
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Interim council.
[12 of 2001]
s. 5(1)
8. The Minister shall in the exceptional circumstances
where the life of the Council has come to an end and the
succeeding Council has not assumed office have power to
appoint an interim council comprising ten members
including the Chief Medical Officer and name the chairman
thereof to discharge the functions of the Council for the
period between the time when the life of the Council comes
to an end and the assumption of office of the succeeding
Council:
Provided that an interim council shall not remain in
office for more than six months from the date of
appointment of the members thereof.
___________________
SECOND SCHEDULE
FORMS
FORM 1
REGISTER OF MEDICAL PRACTITIONERS
Registration No.
Serial
No.
Full
name
or
alias
Date
of
birth,
Nation-
ality
Resid-
ence,
Place
of
Date of
Regist-
ration
Qualifi-
cation
Language
spoken.
University
Receipt
No.
Skill
licensed
to
practise


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26 Cap. 32:02 Medical Practitioners
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s. 6(1)

s. 6(4)
FORM 2
SWORN DECLARATION TO ACCOMPANY
APPLICATION FOR REGISTRATION AS
MEDICAL PRACTITIONER
I, A.B., residing at .........................do hereby declare that I am a
member (or as the case may be) of (here state college, faculty
Board or society) and was duly authorised by that (college,
faculty Board or society) on the ............. day of ........... to
practise medicine/surgery.
(Signature)
A.B.
Sworn before me this................... day of ..................., 20
(Signature)
C.D.
Commissioner of Oaths
to Affidavits.
__________
FORM 3
CERTIFICATE OF REGISTRATION AS A MEDICAL
PRACTITIONER
Registration No.
Medical
Council of
Guyana (Stamp)
It is hereby certified that residing at has been
duly registered as a medical practitioner entitled to practise
medicine/surgery in Guyana under the provisions of the
Medical Practitioners Act, Cap 32:02.
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Medical Practitioners Cap. 32:02 27
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s. 7
Dated this day of , 20........
.................................
Secretary
Medical Council of Guyana
.....................................
Chairman
Medical Council of Guyana
__________
FORM 4
CERTIFICATE OF REGISTRATION OF HIGHER
OR ADDITIONAL QUALIFICATIONS

Registration No. Medical
Council of
Guyana (Stamp)
It is hereby certified that the following higher or additional
qualification or training obtained by the medical practitioner
has been duly entered in the Register of Medical
Name of
medical
practitioner
Registra-
tion
number
and date
Higher or
additional
qualification
or training
obtained
Skill
licensed to
practice
Date of
entry in
the
Register


Practitioners—
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28 Cap. 32:02 Medical Practitioners
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s. 8(1)
s. 8(2)
Dated this day of , 20................

.....................................
Secretary
Medical Council of Guyana
.....................................
Chairman
Medical Council of Guyana.
_________
FORM 5
ANNUAL REGISTER OF MEDICAL PRACTITIONERS
Serial
No.
Name
Alias
Residen-
ce, place
of
Date of
Registra-
tion
Qualifi-
cation
Receipt
No.
Skill
licensed to
practise


________
FORM 6
LICENCE OF ANNUAL REGISTRATION AS A MEDICAL
PRACTITIONER
Registration No. Medical Council of
Guyana(Stamp)
It is hereby certified that residing at
has been duly registered as
entitled to practise medicine/surgery in Guyana during the
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Medical Practitioners Cap. 32:02 29
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s. 10(1)(a)
year under the provisions of the Medical Practitioners
Act, Cap 32:02.
Dated this day of , 20
.................................
Secretary
Medical Council of Guyana
................................
Chairman
Medical Council of Guyana
_______
FORM 7
LICENCE OF INTERNSHIP
Registration No. Medical Council of
It is hereby certified that
of holding a diploma or
certificate obtained by examination after attending course
at (Medical School) has been registered under the provisions
Dated this day of , 20
.................................
Secretary
Medical Council of Guyana
................................
Chairman
Medical Council of Guyana
internship.
of the Medical Practitioners Act, Cap. 32:02, for the purpose of
Guyana (Stamp)
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30 Cap. 32:02 Medical Practitioners
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s. 10(1)(b)
N.B. This certificate is to be returned when applying for post-
internship registration.
_________
FORM 8
LICENCE OF INSTITUTIONAL REGISTRATION
Registration No. Medical Council of
Name and address:
Qualification recognised by the Council:
Name of institution where employed or selected for
employment:
It is hereby certified that the above-named person has been
duly registered as entitled to be employed as a medical officer
in (institution) in Guyana under the provisions of the
years
Dated this day of , 20
.................................
Secretary
Medical Council of Guyana
................................
Chairman
Medical Council of Guyana
Medical Practitioners Act, Cap. 32:02, for a period of
Guyana (Stamp)
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Medical Practitioners Cap. 32:02 31
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s. 10(1)(c)
s. 10(1)(a)
FORM 9
CERTIFICATE OF FULL REGISTRATION
Registration No. Medical Council of
Name and address:
Qualification:
Hospital Registration No. and Date:
It is hereby certified that the above-named person having
completed the period of institutional or internship
registration has been duly registered as entitled to practise
medicine/surgery in Guyana under the provisions of the
Medical Practitioners Act, Cap. 32:02.
Dated this day of , 20
.................................
Secretary
Medical Council of Guyana
................................
Chairman
Medical Council of Guyana
_______
FORM 10
SHORT TERM LICENCE
Registration No. Medical Council of
Name and address:
Qualification:
Guyana (Stamp)
Guyana (Stamp)
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32 Cap. 32:02 Medical Practitioners
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s. 10(1)(a) and
(b)
It is hereby certified that the above-named person has been
duly registered as entitled to practise medicine/surgery in
Guyana on a short term basis under the provisions of the
.................................
Secretary
Medical Council of Guyana
................................
Chairman
Medical Council of Guyana
_________
THIRD SCHEDULE
HOSPITALS OR INSTITUTIONS APPROVED BY THE
COUNCIL
PART A
For Internship
Georgetown Hospital.
PART B
For Institutional Regulation
1. Georgetown Hospital.
2. New Amsterdam Hospital.
3. St. Joseph’s Mercy Hospital.
4. West Demerara Regional Hospital.
5. Linden Hospital Complex.
6. Davis Memorial Hospital.
7. Prashad’s Hospital Ltd.
_______________
Medical Practitioners Act, Cap. 3202, for a period of nine months.
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Medical Practitioners Cap. 32:02 33
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SUBSIDIARY LEGISLATION
_________________
Reg. 22 of 2008 THE MEDICAL PRACTITIONERS (CODE
OF CONDUCT AND STANDARDS OF
PRACTICE) REGULATIONS
made under section 23
PART I
PRELIMINARY
Citation. 1. These Regulations may be cited as the Medical
Practitioners (Code of Conduct and Standards of Practice)
Regulations.
Interpretation.
c.32:02
Legal effect and
status of notes.

2. In these Regulations, -
“Medical Council” means the Medical Council of Guyana
established by section 3 of the Medical Practitioners
Act;
“medical practitioner" means a person qualified to practice
medicine or surgery, who is duly registered as a
medical practitioner under the Act and whose name
appears in the register kept by the Secretary of the
Medical Council under the Act.
3. The notes appended to these Regulations are
explanatory in nature intended to guide the medical
practitioners and the Medical Council and they are not to be
construed as forming part of these Regulations.
Note,- Certain decisions and advice of the Medical Council are
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Hippocratic
Oath.
Annexure 1.
also incorporated in the notes for the guidance and
compliance of the medical practitioners.
4. (1) The Hippocratic Oath of the medical
practitioners is given in Annexure I.
(2) A medical practitioner is required to have
adequate knowledge of the following –
(a) rapid advances in medicine and
medical technology;
(b) high cost of providing good basic
health care;
(c) medical certificates;
(d) health information availability;
(e) law and litigation aspects;
(f) pro-choice legislation;
(g) consent to medical treatment;
(h) medical research issues;
(i) wide range of treatment choices and
alternatives;
(j) importance of modern technology,
including the use of high technology
in the diagnostic process and assisted
fertility and cloning;
(k) end of life issues and assisted death;
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(l) definition of death;
(m) tissue transplantation related issues;
(n) role of religion, and human rights;
and
(o) patients' charter of rights.
Note 1. - Professional ethics are those principles that regulate
the conduct between professionals and others with whom the
professionals come in contact with in the course of their work.
In the case of medical practitioners this usually refers to
patients, colleagues and other health professionals,
Government departments, statutory bodies, courts, employers
and third party payers. Observance of these principles has
always been considered important as sick or disabled persons
and their relatives may be vulnerable to exploitation in their
efforts to obtain a cure or relief from pain or suffering.
Note 2, - (i) The Hippocratic Oath represented an early
attempt to codify the principles mentioned in Note 1.
Although the language is archaic and the concepts somewhat
different from current verbal expressions, the Hippocratic
Oath does contain the basic tenets of good practice and sound
ethics which still guide modern medical practitioners. These
are –
(a) building on professional
interrelationships;
(b) documenting in good faith;
(c) reproductive health;
(d) avoiding unnecessary or unsafe
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International
human rights
instruments.
Annexure II.

treatment; and
(e) avoiding improper relationships with
patients or their dependents.
(ii) Throughout the ages, the medical practitioners
have considered it their duty to uphold these principles. The
Medical Council has the statutory responsibility to uphold
standards of professional conduct and competence, either by
suspending or withdrawing the license of erring medical
practitioners or by imposing any other penalty admissible
under the Act. At the international level several bodies have
attempted to codify what many medical practitioners
generally regard as an obligation to, respect their patients'
basic human rights. These are referred to as International
Human Rights Instruments by the United Nations
Commission for Human Rights and have been taken into
consideration while making these Regulations. More
importantly, in the course of their daily practice, the medical
practitioners are often the first to become aware of abuse of
human rights and therefore they should carry an even higher
consciousness of what these rights represent.
5. Every medical practitioner shall make himself
aware of the various abuses of human rights and become
acquainted with the international human rights instruments
listed in Annexure II.

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Joint Code of
Ethics.
Annexure III.

Standards of
care required.
Annexure IV.
PART II
JOINT CODE OF ETHICS
6. Every medical practitioner shall comply with the
provisions of the Joint Code of Ethics given in Annexure III.
PART III
RESPONSIBILITIES TO PATIENTS
Note 1, - All patients are entitled to good standards of practice
and care from their medical practitioners.
Note 2, - Essential elements of good standard of practice are
professional competence, good relationships with patients
and colleagues and observance of professional ethical
considerations.
7. (1) Every medical practitioner shall practice the
art and science of medicine to the best of his ability and shall
knowingly never expose patients to avoidable risks.
(2) Every medical practitioner shall have due
regard to the duties generally specified in Annexure IV.
(3) A good standard of care to be offered by a
medical practitioner includes –
(i) adequate assessment of the patient's
conditions based on the history and
symptoms and, if necessary, an
appropriate examination;
(ii) providing or arranging investigations
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and treatment as are necessary;
(iii) taking suitable and prompt action, as
and when necessary.
(4) A medical practitioner shall –
(a) recommend only diagnostic
procedures and therapy considered
essential to assist in the care of a
patient and shall recognize the
responsibility to advise the patient of
the findings and make
recommendations which will help
the patient to reach a mutually
agreeable decision that he is
comfortable with;
(b) have the responsibility to acquire up-
to-date knowledge of relevant
developments in the field of his
practice and the patients should not
be subjected to risks from
unnecessary or outdated procedures;
(c) recognize when his own professional
knowledge, skill, competence and
experience are inadequate and shall
be willing to refer patients to suitably
qualified and experienced colleagues
as may be available;
(d) practice medicine in a manner which
is above reproach and shall take
neither physical nor emotional or
financial advantage of the patient;
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(e) listen to his patients, respect their
views, and treat them with dignity
and respect in a polite and
considerate manner;
(f) recognize the patients' right to choose
their medical practitioners freely,
accept or refuse treatment after
receiving adequate information and
seek a second opinion, if they so
desire;
(g) take steps to ensure the availability of
medical care to his patients, and may
only withdraw from the responsibility
of continued care for his patients after
adequate arrangements have been
made for such continuity of care by
another suitably qualified medical
practitioner;
(h) recognize his responsibility to render
medical service to any person
regardless of race, colour, religion,
sexual orientation, age, place of birth
or political beliefs or perceived -
socioeconomic status;
(i) appreciate that his primary obligation
is to save the life and relieve pain and
suffering of his patients;
(j) ensure that his personal beliefs do not
prejudice the care of his patients;
(k) be considerate to the anxiety of
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patients and their families, and will
cooperate with them to achieve the
ultimate good health of the patient;
(l) develop superior communication
skills to allow him to successfully
relate to his patient, regardless of the
education or socio-economic level of
the patient;
(m) provide care when cure is no longer
possible and will allow death to occur
with dignity, respect and comfort
when the demise of the patient
appears to be inevitable.
(5) A medical practitioner shall not expose his
patients to risks which may arise from a compromise of their
own health status (e.g. dependence on alcohol or other drugs,
HIV infection, hepatitis and the like).
(6) A medical practitioner has the right to refuse
to accept a patient except –
(i) in case of emergency; and
(ii) when no other medical practitioner is
available to attend to that patient.
(7) In providing non-urgent medical care, a
medical practitioner in a private clinic setting shall be free to
choose whom to serve on priority, with whom to associate, to
whom he should refer his patients and the environment in
which to provide appropriate medical services but this type of
preferences shall not be extended to a public health care
setting.
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Points of
caution.
8. (1) Every medical practitioner shall be cautious
that –
(a) he may use any document or advice
which could weaken physical or
mental resistance of a human being
only in the patient's interest;
(b) he may use great caution in divulging
discoveries or new techniques, of
treatment;
(c) he should certify or testify only to that
which he has personally verified,
(2) A medical practitioner shall –
(a) prescribe medicines or treatment,
including repeat prescriptions, only
where, he has adequate knowledge of
the patient's health and medical
needs;
(b) report adverse drug reactions as
required under the relevant reporting
obligations and co-operate with
requests for information from
organizations monitoring the public
health;
(c) in his daily practice take care in
keeping clear, accurate, legible
contemporaneous patient records
which report the relevant clinical
findings, the decisions made, the
information given to patients and any
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c.36:02

Consent to
treatment.
medicine, appliances treatment
prescribed;
(3) The records in respect of the patients shall be
kept in accordance with the requirements of the Health
Facilities Licensing Act.
9. (1) Every patient has a right to receive all relevant
information about his condition and proposed treatment.
(2) The medical intervention in respect of a person
shall not be undertaken without his full, free and informed
consent if he has the capacity to do so.
(3) Every medical practitioner has a responsibility
to –
(a) fully disclose to the patient or his
attendant the extent of any risk
involved and be satisfied that the
patient understands such risk;
(b) provide information about possible
alternative interventions, which may
be available and appropriate;
(c) inform the patient as to whether the
proposed treatment or procedure is
regarded as an experimental one or
not;
(d) ensure that consent has not been
given under duress.
(4) If the patient is unconscious or of unsound
mind, or is a minor child or otherwise unable to give valid
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Confidentiality.
consent, the attending medical practitioner has a
responsibility to obtain the consent of an appropriate relative
or guardian but urgent treatment should not be withheld in
such cases if there is an immediate threat to patients' life or
health.
(5) Every patient has a right to enquire from the
medical practitioner on experience and ability to treat and the
medical practitioner shall be tolerant of attending to such
queries and shall attempt to answer all such questions as
simply and honestly as possible with patience and
compassion.
10. (1) Unless otherwise required by law or by the
need to protect the welfare of the individual or the public
interest, a medical practitioner shall not divulge confidential
information in respect of a patient.
(2) A medical practitioner may divulge
confidential information derived from a patient or from a
colleague regarding a patient only with the permission of that
patient and in the event of the patient's incapacity, the
information may be divulged only with the consent of the
patient's spouse, parent or guardian, responsible close relative
or the holder of a duly executed power of attorney.
(3) When confidential information is required to
be disclosed without the patient's consent for reasons of
public health, the following principles shall be observed –
(a) the disclosure of information should
be strictly necessary and non-
discriminatory;
(b) the patient or his attending relative
should be told that the disclosure of
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information is intended;
(c) care should be taken to avoid any
damaging consequences to the
patient;
(d) care should also be taken to avoid
interference with the human rights
and dignity of the individuals
concerned;
(e) disclosure of information should be
done in a manner to avoid
discrimination and stigmatization.
(4) Every medical practitioner shall take particular
care to respect the confidence and rights of adolescents
notwithstanding the tradition, which regards such
information as the property of their parents or guardian.
(5) Every medical practitioner has an obligation to
keep information about a patient confidential even after the
death of the patient and the extent to which confidential
information may be disclosed after a patient's death will vary
in each case depending upon the circumstances.
(6) The circumstances referred to in paragraph (5)
may include the nature of the information, whether the
information is already in public knowledge and how long
back the patient died.
Note. - Particular difficulties may arise when there is a
conflict of interest between parties affected by the patient's
death. For example, if an insurance company seeks
information about a deceased patient in order to decide
whether to make a payment under a life assurance policy or
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Special
vulnerable
groups.
not. A medical practitioner should not release information
without the consent of the patient's executor, or a close
relative, who has been fully informed of the consequences of
the disclosure of the information.
11. (1) Every medical practitioner charged with the
medical care of prisoners, detainees and other
institutionalized patients (e.g. the mentally retarded) and
other vulnerable groups has a duty to provide them with
protection of their physical and mental health and treatment
of disease of the same quality and standards as are offered to
those who are not in prison, detained or otherwise
institutionalized.
(2) It is a contravention of medical ethics for a
medical practitioner –
(a) to be involved in any professional
relationship with prisoners, detainees
or other institutionalized patients, the
purpose of which is not solely to
evaluate, protect or improve their
physical or mental health;
(b) to provide experimental treatment in
research protocols without the
knowledge or consent of the patients
and the patients shall be free to
withhold their consent to such
experimental treatment or procedures
without fear of any threat of
withholding treatment;
(c) to participate in any procedure to
restrain a prisoner, detainee or other
institutionalized person, unless such a
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Reproductive
technologies
and practices.
procedure is deemed necessary by
purely medical criteria for the
protection of that person's physical or
mental health or safety or that of his
fellows or guardian and presents no
hazard to his physical or mental
health;
(d) to apply his knowledge and skills to
assist in the interrogation of prisoners
or detainees in a manner that may
adversely affect the physical or
mental health of such prisoners or
certify or participate in the
certification of their fitness for any
form of treatment, punishment or
interrogation which has the potential
for such adverse effects;
(e) to engage actively or passively in acts
which constitute participation in,
complicity with, incitement of or any
attempt to commit, torture or any
other cruel, inhuman or degrading
treatment or punishment.
12. (1) A medical practitioner may regard artificial
insemination, in vitro fertilization and organ donation as
acceptable methods of treating infertility but these procedures
should be carried out with due regard for the social and
medical consequences, in particular, the risk of transmission
of genetic defects, deformity and the general well-being of the
resulting child.
(2) A medical practitioner participating in the
procedures referred to in paragraph (1) shall acquaint himself
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c.32:06

Sensitivity of
language.
Medical
practitioners
and biomedical
research.
with the international principles or guidelines and with any
regulations that are in force in Guyana on such technologies.
(3) Every medical practitioner shall acquaint
himself with the Medical Termination of Pregnancy Act and
should respect the choice, beliefs and customs of his patients'
when discussing medical termination of pregnancy.
(4) A medical practitioner has a right to refuse to
terminate pregnancy or participate in any such procedure
when it is not in keeping with his personal or religious beliefs
or custom of the community.
13. (1) Every medical practitioner shall demonstrate
sensitivity to his patients without having any prejudice and
make every attempt to be sensitive, compassionate and
temperate in his use of language and action so as to neither
offend nor inflame the situation creating undue anxiety to the
patients about their illness or disease.
(2) Every medical practitioner shall use
"politically correct" terminology in sensitive situations, for
example, "termination of 'pregnancy" as opposed to
"abortion".
14. (1) Research involving human subjects shall be –
(a) based on generally accepted
scientific principles and where
relevant it shall be conducted
with adequately performed
laboratory and animal
experiments;
(b) conducted by scientifically
qualified persons under the
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supervision of a clinically
competent registered medical
practitioner, who shall remain
responsible for the patient or
subject;
(c) preceded by a proper
assessment of the probable risk
to the subject in comparison to
the foreseeable benefits to the
subject or to others.
(2) Every medical practitioner involved in
biomedical research shall consider himself to be the protector
of the individual patient's life and health at all times and shall
also be prepared to discontinue the research or withdraw
patients from the investigation, if it is his reasoned view that
any continued involvement may be harmful to the individual
or the group.
(3) The design and performance of experimental
procedures involving human subjects shall be clearly
formulated in a research protocol which shall be approved by
an appropriate Ethics Committee of the Ministry of Health,
which is independent of the investigator and sponsor of the
research.
(4) Before initiating any clinical research involving
human beings, the medical practitioner shall have a duty to
ensure that the research protocol has been submitted for
review by an appropriate Ethics Committee of the Ministry of
Health and in case of any doubt the Chief Medical Officer
shall be consulted.
(5) A medical practitioner shall –

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(a) not engage in human research unless
he is satisfied that the hazards
involved are predictable;
(b) be prepared to discontinue a research
if the risks appear to outweigh the
potential benefit;
(c) ensure that –
(i) the interest of the subject
prevails over those of science or
the society;
(ii) the right of the subject to
safeguard his integrity,
including the withdrawal of
consent is respected;
(iii) all precautions are taken to
safeguard the individuals'
physical and mental well being
as well as his privacy and
personality.
(d) be free to use new diagnostic or
therapeutic modalities when in his
judgment it offers hope of saving life,
alleviating suffering or restoring
health and the potential risks, benefits
and discomforts of such modalities
are considered against those of the
best available standard techniques.
(6) A medical practitioner may combine medical
research with his professional care of the patient as long as it
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is justified by the potential for diagnostic or therapeutic value
to that patient.
(7) Each potential subject of human research as
well as the legal guardian in situations where the subject may
not be legally competent to give his own consent must be
adequately informed of the aims, objectives methods,
potential risks and benefits of the study and of any discomfort
or side effects it may entail.
(8) The person subjected to research shall also be
informed that he is at liberty to abstain from participation or
withdraw from the study at any time and the consent should
always be obtained in advance in writing.
(9) Where a minor child is intellectually capable of
understanding the risks and benefits of the research, the
consent of the child must be obtained besides that of the legal
guardian.
(10) Every medical practitioner shall be –
(a) cautious when obtaining consent from
the patients who may be held to have
consented under duress (e.g.
prisoners) or who may be in a
dependent relationship to the
researcher;
(b) careful to preserve the integrity of the
results in publication of research
findings.
(11) The refusal of a patient to participate in a
study shall not –

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Human organ
transplantation.
(a) prejudice the future treatment of the
patient; or
(b) interfere in any way with the ongoing
relationship between the medical
practitioner and his patient.
(12) The research protocol shall contain a
statement of the ethical considerations involved and indicate
compliance with the principles enunciated in these
Regulations and the United Nations "Declaration of Helsinki".
15. (1) Subject to written law, organs may be removed
from the bodies of deceased persons for the purpose of
transplantation but such removal should occur only if –
(a) all legal requirements have been met,
as per tissue transplantation or
cadaver harvesting relevant to
hospital policy and the law, if any, on
the subject;
(b) written living-will donation of the
deceased;
(c) written consent has been obtained
from the spouse or in the absence of
the spouse, parents or other close
relative of the deceased, in that order
of precedence; and
(d) there is no reason to believe that the
deceased person objected to such
removal.
(2) A medical practitioner certifying the death of a
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Medical
certificates.
Medical
reports.
potential donor of any organ shall not be directly involved in
the removal of the organ, subsequent transplantation
procedures or the care of potential recipients of such organs.
(3) An organ may be transplanted from the body
of an adult living donor if that donor gives free consent and is
competent to give such consent.
(4) A medical practitioner involved in the
transplantation of any human organ shall ensure that the
potential donor is tree of any undue influence or coercion and
capable of understanding the risks, benefits and consequences
of consent.
(5) A medical practitioner shall not engage in
transplantation of any human organ where he has reason to
believe that the organ concerned has been the subject of
commercial transaction or has been obtained through illegal
means such as after offering payment reward or other
compensation.
16. (1) Medical certificates given to patients for
presentation to employers, school authorities, examination
boards and the like shall specify the date and time of
examination, fitness or unfitness of the individual concerned
on medical grounds and if required by the individual,
mention the nature of the medical condition.
(2) In all cases of issuance of medical certificates,
the medical practitioner shall disclose his full identity and
maintain confidentiality about the patient to the extent
possible.
17. (1) Medical reports contain data and statements
made about a patient's medical condition with the patient's
consent, and are usually meant for presentation to a third
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party, e.g., employer, pension authority, school, insurance
company, legal representative, etc.
(2) A medical practitioner may charge fee for
issuance of a medical report and different rates of fee may be
charged for different kinds of medical certificates, depending
on the examination and clinical or laboratory examination
required and rates of such fee should be displayed or
otherwise made available to the patients in advance but in the
case of a medical practitioner from the Public Health Sector
such charges are subject to the policies of the Ministry of
Health.
PART IV
WORKING WITH OTHERS - SHARING
RESPONSIBILTIES WITHIN THE MEDICAL
PROFESSION AND OTHER HEALTH CARE
PROFESSIONAL
Note 1. - The Medical Council has recognized the fact that
health care is increasingly provided by multi-disciplinary
teams and appreciated the increasing contribution made to
health care by other health care professionals.
Note 2. - The Medical Council has further recognized the fact
that leading or working in a team would not change the
medical practitioner's personal accountability for his
professional conduct and the care he should provide.
Note 3. - The Medical Council has also recognized that in
many areas of professional practice a medical practitioner
cannot at all times attend himself to all his patients’ and
therefore it is both necessary and desirable that arrangements
should be made whereby the professional responsibilities of a
medical practitioner may be undertaken during his absence
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Delegation and
referral.
from duty by a suitably qualified professional colleague. The
standards of conduct for the inter-professional relationships
that are thus developing among medical practitioners and
between medical practitioners and other health care
professionals are dealt with in this Part.
18. (1) When a medical practitioner delegates care or treatment of any patient to a referral colleague health
professional, the medical practitioner shall ensure that the
person to whom he delegates is competent to carry out the
procedure or provide the therapy involved and take care to
always pass on sufficient information about the patient and
the treatment needed and the medical practitioner who had
delegated the care or treatment shall continue to be
responsible for the overall management of the patient.
(2) A medical practitioner may refer a patient to
another medical practitioner and if this is not the case, the
medical practitioner shall satisfy himself that any health care
professional to whom he refers a patient is accountable to the
relevant statutory regulatory body, and that a registered
medical practitioner, usually a general practitioner, retains
overall responsibility of the health care of the patient.
(3) For the purposes of this regulation and
regulation 23 –
(a) “delegation” includes asking another
medical practitioner, a nurse or other
health care worker to provide
treatment or care on behalf of the
attending or treating medical
practitioner having the overall
responsibility;
(b) “referral” includes transferring some
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Working in a
medical team.

or all of the responsibilities of the
patient's care, usually temporarily
and for a particular purpose, such as
additional investigation, care or
treatment, which falls outside the
competence of or not available to the
attending medical practitioner.
19. When working as a member of a medical team, a
medical practitioner shall –
(a) respect the skills and contributions of
his colleagues;
(b) maintain professional relationship
with patients;
(c) communicate effectively with
colleagues within and outside the
team,
(d) make sure that his patients and
colleagues understand his specific
professional status and specialty, his
role and responsibilities in the team and as to who is responsible for each
aspect of the patients' care;
(e) participate in regular reviews and
audit of the standards and
performance of the team and take
steps to remedy any deficiencies;
(f) be willing to deal openly and
supportively with problems in the
performance, conduct or health of
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Responsibilities
in leading a
medical team.
members of the team.
20. If a medical practitioner leads a medical team, he
has the responsibility to ensure that –
(a) the members of the medical team
meet the standards of conduct and
care set in these Regulations;
(b) any problem that might prevent his
colleagues from other professions
following guidance from their own
regulatory bodies are brought to his
attention and addressed;
(c) all members of the team understand
their personal and collective
responsibility for the care and safety
of patients, and for openly and
honestly recording and discussing
problems;
(d) each patient's care is properly co-
ordinated and managed and that the
patients know whom they have to
contact if they have any question or
concerns;
(e) arrangements are in place to provide
cover at all times;
(f) regular reviews and audit of the
standards and performance of the
team are undertaken and all
deficiencies are addressed and
remedial measures taken;
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Sharing of
medical
information
with colleagues.

Nurses and
nursing.

Prescriptions
and
medication.
(g) systems are in place for dealing
supportively with problems in the
performance, conduct or health of
members of the team.
21. (1) A medical practitioner shall always ensure that
the patients are informed about how medical information is to
be shared within a medical team and between those who will
be providing their care.
(2) If a patient objects to any disclosure of his
medical information amongst the members of a medical team
attending the patient, the medical practitioner shall explain to
him the benefits to his care in the information being shared,
but shall not disclose any information if the patient after
understanding the clarification continues to maintain the
objection.
22. (1) The services provided by the nursing
profession in the care and prevention of illness are essential
and complementary to the work of the medical practitioners.
(2) It is the duty of a medical practitioner to
support and, wherever necessary, guide the work of nurses to
the end that both professions, while remaining true to their
respective codes of ethics and obligations of professional
standards, will cooperate as a harmonious team in providing
an optimal service to all patients under their care.
23. For a medical practitioner, prescribing medicines
or providing treatment is not an isolated action, but a part of a
global pharmacotherapy plan, inter alia, requiring –
(a) adequate knowledge of the health and
medical needs of the patient, based on
thorough assessment of the patient's
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Group practice.
then existing condition and
symptoms, as well as the patient's
history and record;
(b) giving clear and understandable
instructions to the patient, when
possible in plain language, including
informing him on the possible side
effects and on their own
responsibility, both in following the
prescribed medication and treatment
according to instructions and in
reporting any undesirable secondary
effects;
(c) close collaboration with other health
care professionals, including through
documentation of the prescribed
treatment plan in the patient's record
and the transfer of clear instructions
in case of delegation or referral.
24. (1) A medical practitioner shall not practice
medicine or surgery in partnership with any person who is
not duly registered to practice medicine or surgery.
(2) When a medical practitioner is practicing in
association with other medical practitioners in a group, he
shall insist that the standards and code of ethics enunciated in
these Regulations are adhered to by all the members of the
group.
(3) A medical practitioner may enter into a
contract with an organisation only if that organisation allows
the maintenance of professional independence and integrity.

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Working with
colleagues in
consultation.
(4) When documenting on behalf of a third party,
the medical practitioner shall ensure that the patient
understands the medical practitioner's legal responsibility to
the third party before proceeding with examination or
treatment or both.
Note. - Whatever is right and becoming for a medical
practitioner is equally applicable while working in association
with other medical practitioners in clinics or other groups;
and whatever is obligatory upon the individual medical
practitioner is equally obligatory upon the group.
25. (1) It is the duty of every medical practitioner
attending to a patient to accept opportunity of a second
medical opinion, if available, in any illness that is serious
obscure or difficult or when consultation is desired by the
patient or by any person authorized to document on behalf of
the patient.
(2) The attending medical practitioner may
request the opinion of an appropriate colleague acceptable to
the patient when diagnosis or treatment requires special input
or if the patient requests for it.
(3) While the medical practitioner should name
the consultant he prefers, he should not refuse to meet the
medical practitioner of the patient's choice, though he may
urge, by voicing his opinion, if he thinks so, that such
consultant does not have qualifications or the experience that
the existing situation demands.
(4) The attending medical practitioner shall make
available all relevant information and should indicate clearly
whether the consultant is to assume the continuing care of
the patient during the illness.

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(5) Consultants in turn are expected to report in
detail all pertinent findings and recommendations to the
attending medical practitioner, and may outline an opinion or
options to the patient and shall continue the care of the
patient only at the request of the attending medical
practitioner and with the consent of the patient.
(6) In the following circumstances it is desirable
that the attending medical practitioner, while dealing with an
emergency, should, whenever possible, secure consultation
with a colleague –
(a) when the propriety of performing an
operation or of adopting a course of
treatment which may entail
considerable risk to the life, abilities
or capacities of the patient has to be
considered and particularly when the
condition which it seeks to relieve by
the treatment in itself is not
dangerous to life;
(b) when operative measures involving
the death of a foetus or of an unborn
child are contemplated particularly if
labour has not begun;
(c) when there are grounds for
suspecting that the patient has been
subjected to an illegal operation, or is
the victim of criminal poisoning.
(7) Since consultation is designed wholly for the
benefit and good of the sick person, there should not enter
any trace of insincerity, rivalry or envy between the attending
medical practitioner and the consultant and before seeing the
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patient, the consultant should be given a brief history of the
case by the attending medical practitioner.
(8) After consultation, the joint decision should be
communicated to the patient and his family by the attending
medical practitioner, supplemented, if necessary, by the
consultant.
(9) If agreement between the consultant and the
attending medical practitioner as to diagnosis and treatment
is not possible, and if the consultant is convinced that the
future well-being of the patient is the source of concern, he
should inform the patient and his family in the presence of
the attending medical practitioner of the points of
disagreement, with substantiation.
(10) The consultant must be especially careful and
to document, if and when, the circumstances which made it
necessary for him to perform his examination in the absence
of the attending medical practitioner and he should
communicate his opinion and suggestions for treatment
directly to the attending medical practitioner and not to the
patient.
(11) Despite making consultation with Specialists,
the responsibility for the patient's care rests with the medical
practitioner in attendance.
(12) Every medical practitioner shall work with
his colleagues in a manner that best serve the interests of the
patients.
(13) A medical practitioner shall not discriminate
against colleagues because of personal views about their
lifestyle, culture, beliefs, race, colour, sex, sexual preferences
or age, and should not make unnecessary or unsubstantiated
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Emergency
calls.


Care of
colleague
medical
professionals.

comments about them.
26. When a medical practitioner is called in the
absence of the attending medical practitioner, or in
emergency he will, on arrival of the attending medical
practitioner hand over all care and responsibility and retire
from the case.
27. (1) A medical practitioner shall, while providing
medical services to a colleague or any dependant of his
colleague be guided by the principles previously enunciated
in these Regulations for the care of patients in general.
(2) Every medical practitioner shall appreciate
that –
(a) professional courtesy is a privilege
and not a right and is extended only
at the wish of the attending medical
practitioner;
(b) many services may actually incur a
significant cost to the attending
medical practitioner;
(c) self-treatment or treatment of his own
first degree relatives and dependants
should be limited to minor or
emergency services only and such
treatments should normally be done
without charging any professional
charges or fee.

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Working with
the community.

Referral to
hospital.
PART V
RESPONSIBILITIES TO THE PUBLIC
28. (1) In documenting clinical practice, the medical
practitioners shall include the promotion of healthy lifestyles
and the education of their patients in disease prevention.
Note. - The medical practitioners, by reason of their training,
expertise and status in the community are in an exceptionally
favorable position to draw attention to an increasing number
of hazards to the health of the country's population.
(2) Every medical practitioner shall strive to
improve the standards of medical services in the community
and accept a share of the responsibility of the medical
profession to the public in matters relating to the health and
safety of the public and implementing legislation affecting the
health or well-being of the community.
(3) Every medical practitioner shall respect the
laws of Guyana and shall also consider it as his duty to
suggest changes in the laws which may be contrary to the best
interest of patients, the environment or the community.
(4) A medical practitioner shall not only be
content with the practice of medicine, but also like any other
citizen should strive to make a contribution towards the well-
being and betterment of the community in general.
29. (1) When a patient has been sent for admission to
any hospital under a consultant's care, it is the duty of the
referring medical practitioner to give as much information as
possible to the consultant.
(2) It is the duty of the consultant to report his
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Code of
conduct of
examining
medical
practitioners.
findings to the referring medical practitioner.
(3) The medical practitioners practicing in
hospitals shall ensure that findings or suggestions of value
concerning any patient at the time under their care in the
hospital are sent to the medical practitioner usually in
attendance on that patient.
30. The Examining Medical practitioners shall also
follow the additional code of conduct given below –
(a) an examining medical practitioner
must be satisfied that the individual
to be examined consents personally or
through his legal representative or in
the case of a minor child, his guardian
to submit to medical examination and
understands the reason for it except in
special cases where the written law
makes such examination mandatory;
(b) when the individual to be examined is
under medical care, the examining
medical practitioner shall cause the
attending medical practitioner to be
given such notice of the time, place
and purpose of his examination as
will enable the attending medical
practitioner to be present should he or
the patient so desire;
(c) exception may be taken to the
procedure laid down in paragraphs
(a) and (b) only where circumstances
justify an immediate examination and
where the examining medical
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practitioner undertakes such
immediate examination he shall
promptly inform the attending
medical practitioner of the findings of
his visit and the reason for his
conclusions;
(d) if the attending medical practitioner
fails to attend at the time arranged for
immediate examination, the
examining practitioner shall be at
liberty to proceed with the
examination;
(e) an examining medical practitioner
shall avoid any word or indication
which might disturb the confidence of
the patient in the attending medical
practitioner, and must not, without
the consent of the latter proceed to do
anything which involves interference
with the treatment of the patient;
(f) the examining medical practitioner
shall confine himself strictly to such
investigation and examination as are
necessary for the purpose indicated
by the third party and agreed to by
the patient;
(g) any proposal or suggestion which an
examining medical practitioner may
wish to put forward regarding
treatment shall be first discussed with
the attending medical practitioner;

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Industrial
medical
(h) when in the course of the examination
there are material clinical findings of
which the attending medical
practitioner is believed to be unaware,
the examining medical practitioner
shall, with the consent of the patient,
inform the attending medical
practitioner of the relevant details;
(i) an examining medical practitioner
shall not utilize his position to
influence the person examined to
choose him as his medical attendant;
(j) when the terms of reference of his
employing body interfere with the
free application of the code of conduct
laid down in these Regulations, an
examining medical officer shall make
honest endeavor to obtain, the
necessary amendment of his contract
himself or through the Medical
Association.
Note. - It often happens that a medical practitioner's patient
has to be examined for some particular purpose by a medical
practitioner representing an interested third party. These
examinations may occur in connection with life insurance,
grant of invalid pension, superannuation, entry into certain
employment, litigation, medico-legal cases, and requests from
the police or the like reasons. The medical practitioner
presenting the interested third party is the Examining
Medical Officer in such cases.
31. (1) A medical practitioner appointed to work in
any industrial establishment (hereafter referred to as the
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officers.
industrial medical officer) needs to exercise constant care in
his relationship with the management.
(2) While an industrial medical officer holds his
appointment from management his duties primarily concern
the health and welfare of the workers individually and
collectively and in the course of his duties he will constantly
be dealing with patients of other medical practitioners.
(3) As his contribution towards achieving and
maintaining his vital relationship with his colleagues, the
industrial medical officer shall be guided by the following :-
(a) save in emergency, an industrial
medical officer is required to
undertake treatment which is
normally the responsibility of the
worker's general medical practitioner
only in cooperation with him and this
procedure applies both to treatment
personally given and to the use of any
special facilities and staff, which may
exist in his department;
(b) when the industrial medical officer
makes findings which he believes
should in the worker's interests be
made known to the general medical
practitioner or similarly, when details
of treatment given should be passed
on he should communicate with the general medical practitioner;
(c) if, for any reason the industrial
medical officer believes that the
worker should consult his general
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medical practitioner, he should advise
him to do so;
(d) save in emergency, the industrial
medical officer should refer a worker
direct to hospital only in consultation
or by prior understanding with the
general medical practitioner;
(e) it is normally the function of an
industrial medical officer to verify
justification for absence of a worker
from work on grounds of sickness;
(f) if the industrial medical officer
proposes to examine a worker who is
absent for health reasons he should
inform the general medical
practitioner concerned, of the time
and place of his intended examination
and a failure to receive a reply from
the worker's medical general
practitioner within a reasonable time
can be assumed to indicate no
objection by the general medical
practitioner to the intended
examination by the industrial medical
officer;
(g) the industrial medical officer should
not, without the consent of the parties
concerned express an opinion as to
liability in accidents at work or
industrial or occupational diseases
except when so required by a
competent court or tribunal;
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(h) the industrial medical officer shall not
influence any worker in his choice of
a general medical practitioner;
(i) the personal medical records of
workers maintained by the industrial
medical officer for his professional
use are confidential documents and
access to them must not be allowed by
any other person save with the
medical practitioner's consent and
that of the worker concerned or by
order of a competent court, tribunal
or authority;
(j) the industrial medical officer is solely
responsible for the custody of his
records, which, on termination of his
appointment he should hand over
only to his successor in office and if
there is no successor he should retain
the responsibility for the custody of
these records;
(k) the industrial medical officer shall not
in any circumstance disclose
knowledge of industrial process
acquired in the course of his duties
except with the consent of the
management or by order of a
competent court or tribunal.
Note. - The industrial medical officer and the general medical
practitioner have a common concern that is the health and
welfare of the individual workers coming under their care.
Less often this concern may be shared with the hospital's
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Professional
misconduct.
medical practitioner, the medical officer of health or some
other professional colleague. As in all cases where two or
more medical practitioners are so concerned together the
greatest possible degree of consultation and co-operation
between them is essential at all times, subject only to the
consent of the individual concerned.
PART VI
PROFESSIONAL CONDUCT AND DISCIPLINE
A. PROFESSIONAL CONDUCT
Note. - It is the duty of the Medical Council to ensure that
proper standards of professional conduct in the medical
profession and proper standards of general fitness to practice
medicine or surgery are adhered to and followed by the
medical practitioners registered under the Act.
32. It shall be deemed to be a professional misconduct
for a person registered under the Medical Council, if –
(a) for the purpose of procuring his
registration, he makes a statement
which is false in any material
particular;
(b) in any institution, being a person
engaged within or about that
institution in the practice of medicine
or surgery and documenting concert
with any other person so engaged,
refuses without reasonable excuse to
render treatment to any patient
needing treatment; or
(c) he is otherwise guilty of willful
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Serious
professional
misconduct.
negligence or incompetence in the
performance of his functions as a
medical practitioner or of serious
professional misconduct.
33. (1)For the purposes of paragraph (c) of regulation
32, "serious professional misconduct" includes the
preparation of any document or doing of anything by a
person registered under the Act that is contrary to the
generally recognized duty and responsibility of such a person
to his patient or that is contrary to medical ethics, or the
failure to do any thing with respect to a patient in accordance
with generally recognized medical ethics and practice and,
without limiting the generality of the foregoing, includes –
(a) improper conduct or association with
a patient;
(b) any unethical form of advertising,
canvassing or promotion, either
directly or indirectly, for the purpose
of obtaining patients or promoting his
own professional advantage;
(c) willful or deliberate betrayal of a
professional confidence;
(d) abandonment of a patient in danger
without sufficient cause and without
allowing the patient sufficient
opportunity to obtain the services of
another medical practitioner;
(e) knowingly giving a certificate with
respect to birth, death, state of health,
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vaccination, disinfection or with
respect to any other matter relating to
life, health, disease or accidents which
the medical practitioner knows or
ought to know is untrue, misleading
or otherwise improper;
(f) the sharing or division with any
person who is not a partner or
assistant of any fees or profits
resulting from consultations or other
medical or surgical procedures
without the patient's knowledge or
consent;
(g) the abuse of intoxicating liquor or
drugs;
(h) the impersonation of another medical
practitioner;
(i) association with unqualified or un-
registered persons whereby such
persons are enabled to practice
medicine or surgery, except where
such persons are students from
accredited educational or training
programmes.
(j) the holding out directly or indirectly
by a medical practitioner to the public
that he is a specialist or is specially
qualified in any particular branch of
medicine unless he has taken a special
course in that branch and such special
qualification has been registered in
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accordance with the provisions of the
Act or any other written law on
medical practitioners' qualifications;
(k) any willful or negligent
misrepresentation as to the curative
efficiency possessed by a drug or any
substance whether inherently or by
administration or application thereof;
(l) knowingly practicing medicine or
treating a patient other than in a case
of emergency while suffering from a
mental or physical condition or while
under the influence of alcohol or
drugs to such an extent as to
constitute a danger to the public or a
patient;
(m) the doing of or failure to do any
document or thing in connection with
his professional practice which, in the
opinion of the Medical Council, is
unprofessional or discreditable; and
(n) conviction on an indictable offence.
(2) Any disclosure of confidential information
pertaining to a patient by a medical practitioner shall not be
deemed to be willful or deliberate where such disclosure is
required by any law for the treatment of that patient or for
serving the common good or protection of others against any
epidemic, infectious or contagious disease or serious injury or
health hazard.

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Forms of
professional
misconduct
which may lead
to disciplinary
proceedings.
34. (1) In discharging their respective duties, the
Medical Council, the seating on a hearing procedure and the
Disciplinary Committee shall proceed as an unbiased body
and follow the principles of natural justice.
Note. – (i) The, listing, of the types of professional misconduct
does not seem to-: be a complete code of professional ethics
and does not specify all criminal offences or forms of
professional misconduct, which may lead to disciplinary
documentation. With the changing circumstances, the
Medical Council may take note of new forms of professional
misconduct.
(ii) Any abuse by a medical practitioner of any
privileges and opportunities- afforded to him or any grave
dereliction of professional duty or serious breach of medical
ethics may give rise to a charge of serious professional
misconduct.
(2) Only after considering the evidence tendered
before the Disciplinary Committee in each case the Medical
Council shall determine the gravity of the alleged misconduct
of the medical practitioner and decide whether his behavior
amounts to serious professional misconduct or not.
(3) A medical practitioner who seeks detailed
advice on professional conduct in particular circumstances
should consult the Medical Council in writing.
(4) The areas of professional conduct or personal
behavior which need to be considered are broadly as under –
(a) neglect or disregard by a medical
practitioner of his professional
responsibilities to patients for their
care and treatment;
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Neglect of
personal
responsibilities
to parents.
Standards of
medical care.
(b) abuse of professional privileges or
skills by a medical practitioner;
(c) personal behavior or conduct
derogatory to the reputation of the
medical profession or a conduct of
unbecoming of a medical practitioner;
(d) self-promotion, canvassing and
related professional offences.
Note. - These broad classifications have been adopted for
convenience, but such classifications can only be approximate
and not exhaustive. In most cases the nature of the offence or
misconduct will be readily apparent. In some cases, such as
those involving personal relationships between medical
practitioners and patients or questions of advertising, medical
practitioners may experience difficulty in recognizing the
proper principles to apply to various circumstances.
35. (1) In accordance with its primary duty to protect
patients and the public at large, the Medical Council may
institute disciplinary proceedings when a medical practitioner
prima facie appears to have seriously disregarded without
adequate reasons or neglected his professional duties, for
example, by failing to visit or to provide or arrange treatment
for a patient when necessary.
(2) A registered medical practitioner is expected
to afford and maintain a good standard of medical care to the
persons seeking his medical care and attention.
36. (1) The standards of medical care required to be
provided by a medical practitioner include –
(a) conscientious assessment of the
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history of symptoms and signs of a
patient's condition;
(b) sufficiently thorough professional
attention, examination and, where
necessary, diagnostic investigation;
(c) competent and considerate
professional management;
(d) appropriate and prompt
documentation upon evidence
suggesting the existence of a
condition requiring urgent medical
intervention;
(e) readiness, where the circumstances so
warrant, to consult professional
colleagues; and
(f) the patient's right to have access to
information from his medical records.
(2) The patient's access to medical information
may be refused if in the considered opinion of the medical
practitioner it will cause comparatively more harm to the
patient or compromise a third party.
(3) A comparable standard of practice is to be
expected from every medical practitioner, whose contribution
to a patient's care is indirect, for example, those in
pathological laboratory and radiological specialties.
(4) The Medical Council shall be concerned with
errors in diagnosis or treatment, and with the kind of matters
which give rise to action in civil courts for negligence and
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only when the medical practitioner's conduct in the case has
involved such a disregard of his professional responsibility to
patients or such a neglect of his professional duties as to raise
a question of serious professional misconduct, the Medical
Council may intervene.
(5) A question of serious professional misconduct
may also arise from a complaint or information about the
conduct of a medical practitioner, which suggests that he has
endangered the welfare of patients by persisting in
unsupervised practice of a branch of medicine in which he
does not have the appropriate knowledge and skill and has
not acquired adequate experience, which is necessary.
(6) Apart from the personal responsibility of a
medical practitioner to his patients, the medical practitioner
who undertake to manage, direct or perform clinical work for
organizations offering private medical services should satisfy
himself that those organizations provide adequate clinical
and therapeutic facilities for the services offered.
(7) A medical practitioner who improperly
delegates to a person who is not a registered medical
practitioner any function requiring the knowledge and skill of
a medical practitioner shall be liable to disciplinary
proceedings.
(8) The Medical Council may institute disciplinary
proceedings against a medical practitioner who employs any
assistant who is not qualified to conduct his practice.
(9) The Medical Council may proceed against a
medical practitioner who, by signing certificates or
prescriptions or in any other way enables persons who are not
registered as medical practitioners, to treat patients as though
they were so registered.
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Medical
certificates.
Termination of
pregnancy.
c.32:05
(10) The prescription of controlled medicines is
reserved to members of the medical profession and of certain
other professions, and the prescribing of such medicines is
subject to statutory restrictions.
(11) The Medical Council may regard the
prescription or supply of drugs of dependence otherwise than
in the course of bona fide treatment as a serious professional
misconduct.
(12) The Medical Council may also take
disciplinary action against medical practitioners who are
convicted of offences against the laws which control drugs
where such offences appear to have been committed in order
to gratify the medical practitioner's own addiction or the
addiction of other persons.
37. (1) Any Medical practitioner who, in, his
professional capacity, signs any certificate, report or similar
document containing statements which are known to him as
untrue, misleading or otherwise improper renders him liable
to disciplinary proceedings.
Note. - A medical practitioner's signature is required on
certificates for a variety of purposes on the presumption that
the truth of any statement, which the medical practitioner
may certify, can be accepted without question.
(2) Every medical practitioner shall exercise due
care and diligence in issuing certificates and similar
documents and shall not certify statements which he has not
verified or has reason to disbelieve.
38. In the matter of medical termination of
pregnancies, the medical practitioners are required to be
guided by the provisions of the Medical Termination of
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Life savings in
case of medical
surgical
treatment.

Abuse of
privileges
conferred by
custom.
Pregnancy Act.
39. (1) Where any person does an act in good faith,
for the purposes of medical or surgical treatment, an intention
to cause death shall not be presumed from that treatment or
the surgical procedure used.
(2) Any act which is done, in good faith and
without negligence, for the purposes of medical or surgical
treatment of a pregnant woman is justifiable, although it
causes or is intended to cause abortion or miscarriage, or
premature delivery, or the death of the child.
40. (1) The patients may grant medical practitioners
privileged access to their homes and confidences.
(2) Good medical practice may depend upon the maintenance of trust between medical practitioners and their
patients and the families of the patients, and the
understanding by both that proper professional relationships
will be strictly observed.
(3) In the circumstances mentioned in paragraph
(2), the medical practitioners shall exercise great care and
discretion in order not to damage this crucial relationship and
any act by a medical practitioner, which breaches this trust,
may be treated as an act of serious professional misconduct.
(4) The following areas may be identified in which
the trust between the medical practitioners and their patients
may be breached –
(a) a medical practitioner improperly
discloses information, which he had
obtained in confidence from or about
a patient;
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Conduct
derogatory to
the reputation
of the
profession.
Personal
misuse or
abuse of
(b) a medical practitioner improperly
exerts influence, upon a patient to
lend him money or to alter the
patient's will in his favour; and
(c) a medical practitioner enters into an
emotional or sexual relationship with
a patient (or with a member of a
patient's family) which disrupts that
patient's family life or otherwise
damages, or causes distress to, the
patient or his family.
41. The following areas of personal behaviour may be
identified as an act unbecoming of a medical practitioner and
may render him liable to disciplinary proceedings –
(a) personal misuse or abuse of alcohol or
other drugs;
(b) dishonest behavior;
(c) indecent or violent behaviour.
Note. - The public reputation of the medical profession
requires that every member of the profession should observe
proper standards of personal behaviour, not only in his
professional activities, but also at all times. This is the reason
why a medical practitioner's conviction of a criminal offence
may lead him liable to disciplinary proceedings even if the
offence is not directly connected with the medical
practitioner's profession.
42. A medical practitioner –
(a) who treats patients or performs other
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alcohol or other
drugs.
Improper
financial
transactions.
professional duties while under
influence of alcohol or narcotic drugs;
or
(b) who is unable to perform his
professional duties because he is
under the influence of alcohol or
narcotic drugs is liable to disciplinary
proceedings.
Note. - In the opinion of the Medical Council, convictions for
drunkenness or other offences arising from misuse of alcohol
or narcotic drugs (such as driving a motor car when under the
influence of alcohol) indicate habits, which are discreditable
to the profession and may be a source of danger to the
patients of the medical practitioner. After the first conviction
for drunkenness, a medical practitioner may be given a
warning letter. Further convictions may lead to an inquiry by
the Medical Council leading to further disciplinary action.
43. (1) A medical practitioner is liable to disciplinary
proceedings if he is convicted of criminal deception
(obtaining money or goods by false pretences), forgery, fraud,
theft or any other offence involving dishonesty, or any
conviction for commission of an indictable offence.
(2) The Medical Council may take a serious view
of preparation of documents dishonestly committed in the
course of a medical practitioner's professional practice, or
against his patients or colleagues and such action, including
knowingly and improperly seeking to obtain from an
insurance company, any payment to which the medical
practitioner is not entitled, if reported to the Medical Council,
may result in disciplinary proceedings.
(3) The Medical Council may take a serious view
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Indecency and
violence.

Self-promotion
canvassing and
related
professional
misconduct.
of the prescribing or dispensing of drugs or appliances by a
medical practitioner for improper motives.
(4) A medical practitioner's motives may be
regarded as! improper if he has prescribed a product
manufactured or marketed by an organization from which he
has accepted an improper inducement or illegal gratification.
(5) The Medical Council shall regard with concern
arrangements for fee splitting under which one medical
practitioner would receive part of a fee paid by a patient to
another medical practitioner and the association of a medical
practitioner with any commercial enterprise engaged in the
manufacture or sale of any medicine or equipment which is
claimed to be of value in the prevention or treatment of
disease but is of undisclosed composition or nature.
44. (1) Indecent behavior to, or a violent assault on, a
patient by a medical practitioner shall be regarded as a
serious professional misconduct.
(2) Any conviction for assault or indecency shall
render a medical practitioner liable to disciplinary
proceedings and shall be regarded, with particular gravity, if
the offence were committed in the course of the professional
duties of the medical practitioner or against his patients or
colleagues.
45. (1) For the purposes of this regulation, the term
"advertising" means the provision of information about
medical practitioners and their services, in any form, to the
public or other members of the profession.
(2) Advertising in health matters shall be
considered as an integral part of modern medicine and it
helps in the patient-medical practitioner relationship and in
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the patient's knowledge of diseases and health care.
(3) In assessing the nature of advertisement,
consideration shall be given to –
(a) the need for patients to be informed of
the rapid advances in the diagnosis
and treatment of diseases;
(b) the need for patients to be informed of
the diverse spectrum, disease profile
and the medical practitioners'
portfolio within a given medical
specialty;
(c) the need for, and the use of, mass
media medical health programmes at
the local and national levels, for
health promotion.
Note 1. - The Medical Council may encourage medical
practitioners to provide factual information about their
qualifications, experience and services as a general
requirement and any advertising must be legal, decent,
honest and truthful. The Medical Council may impose
additional restrictions on the advertising of the services of the
medical practitioners in order to ensure that the public is not
misled or put to risk in any way.
Note 2. - It is the duty of all medical practitioners to satisfy
themselves that the content and presentation of any material
published about their qualifications experience and services,
and the manner in which it is distributed, conforms to the
provisions of this Part. This applies irrespective of whether a
medical practitioner personally arranges for such publication
or permits or acquiesces in its publication by others. Failure to
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Comments
about
professional
colleagues.

abide by these Regulations and Medical Council's guidance
may call for the medical practitioner's professional conduct
into question.
(4) A medical practitioner shall not distribute any
advertising material so frequently or in such a manner as to
put recipients, including prospective patients, under pressure
to consult them or take treatment from them.
46. (1) A medical practitioner may make honest comment on a colleague provided that it is carefully
considered, fair and truthful and can be justified that it is
offered in good faith and that it is intended to promote the
best interests of patients.
Note. - Medical practitioners are frequently called upon to
express views about a colleague's professional practice. This
may, for example, happen in the course of a medical audit or
peer review procedure, or when a medical practitioner is
asked to give a reference about a colleague. It may also occur
in a less direct and explicit way when a patient seeks a second
opinion, specialist advice or an alternative form of treatment.
(2) It is the duty of a medical practitioner, where
the circumstances so warrant, to inform an appropriate
person or body about a colleague whose professional conduct
or fitness to practice may be called in question or whose
professional performance appears to be in some way deficient
or questionable.
(3) A gratuitous and unsustainable comment of a
medical practitioner which, whether directly or by
implication, sets out to undermine trust in the knowledge or
skills of a professional colleague is unethical and is
prohibited.

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Determination
of the nature of
serious
professional
misconduct or
malpractice.

Complaints
against
professional
misconduct.

Complaints
hearing and
suspension of
registration.
47. (1) The Medical Council may, after considering
the evidence in each individual case, determine; in accordance
with section 17 of the Act, as to whether an alleged
professional misconduct or action by a medical practitioner is
a serious professional misconduct or malpractice requiring
disciplinary action.
(2) Paragraph (1) applies equally to the categories
of professional misconduct described in regulations 32 to 46
(both inclusive) and to the situations contemplated in
regulations 58 and 59 (both inclusive).
B. DISCIPLINARY PROCESS
48. A complaint that a medical practitioner registered
under the Medical Council has been guilty of professional
misconduct or malpractice may be made to the Medical
Council in writing by any person and shall have the date, full
postal address, email address and phone number (if any) and
the signature of the complainant but subject to this, there shall
be no particular form for the complaint.
49. (1) Where a complaint is made to the Medical
Council directly, the Medical Council may convene a specific
hearing, to be known as the complaint hearing, to examine
the complaint.
(2) Where a complaint against the alleged
misconduct or malpractice of a medical practitioner has been
referred to the Medical Council, the Medical Council shall
make such preliminary investigations into the matter as the
Chairperson may deem it advisable and shall, as soon as
possible, advise the Disciplinary Committee of the
preliminary findings of the Medical Council.
(3) The Secretary to the Medical Council shall
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notify the alleged medical practitioner against whom the
complaint is made of the nature of the complaint and call
upon him to state in writing not less than fourteen days
before a specified day (which day shall allow a reasonable
interval for the purpose) any explanation or representation he
may wish to make in respect of the complaint.
(4) The complaint hearings by the Medical
Council having regard to any explanation or representation
made by the person against whom the complaint is made may

(a) determine that the complaint is not
prima facie established and that no
further inquiry need be held; or
(b) refer the matter in whole or in part to
the Disciplinary Committee.
(5) If, during the complaint hearings, the Medical
Council determines that no inquiry shall be held, the
Secretary to the Medical Council shall inform the complainant
and the person against whom the complaint is made of the
decision in such manner as the Medical Council may direct.
(6) Where the Medical Council is of the opinion
that a complaint so made might, if factually established, call
for the application of disciplinary measures, the Medical
Council shall refer the matter to its Disciplinary Committee to
hear and report its findings and recommendations to the
Medical Council to determine the case.
(7) If the Medical Council is of the opinion that it
is inexpedient or dangerous or not in the public interest that a
person under inquiry should continue to practice during the
pendency of a disciplinary proceeding, the Medical Council
may, by order in writing, suspend the registration of the
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Disciplinary
Committee.
Powers and
functions of the
Disciplinary
Committee.
medical practitioner, pending the outcome of the inquiry.
50. (1) For the purposes of regulation 49, the Medical
Council shall appoint a Disciplinary Committee, consisting of
a sitting or retired Justice of the High Court or any other
judicial officer nominated by the Chief Justice as the
Chairperson of the Committee and two members of the
Medical Council.
(2) In dealing with the complaints, the
Disciplinary Committee shall, subject to the provisions of
these Regulations, decide its own procedure but shall have
due regard to the principles of natural justice.
51. (1) For the purpose of its inquiry, the Disciplinary
Committee of the Medical Council shall have the same
powers as the Medical Council has to summon witnesses, call
for the production of books and documents and examine
witnesses and parties concerned on oath or any person it
deems necessary to establish the facts of the case, patient
records and regardless of the character, private or public of
the health care facility from which such documentation is
required.
(2) The Disciplinary Committee of the Medical
Council shall hear all the complaints referred to it by the
Medical Council and in dealing with the complaints the
Committee shall ensure that –
(a) adequate notice of the proceedings is
given to the person complained
against;
(b) the complaint against the medical
practitioner concerned is specified in
the form of a charge in such notice;
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(c) any party to the proceedings may, if
he so desires, be heard by the
Disciplinary Committee either in
person or by a counsel and attorney
at-law of the choice of the party
concerned;
(d) the parties are given a list of witnesses
and a list of documents proposed to
be relied upon.
(3) Except with the consent of the person
complained against, the date for hearing shall not be fixed for
a date earlier than fourteen days after the notice has been
served on him.
(4) The notice of hearing shall be served
personally or by prepaid registered post at, the address
shown on the Medical Register or at his last known address, if
that address differs from that on the Medical Register.
(5) In any case where there is a complainant, a
copy of the notice of hearing shall be sent to the complainant.
(6) The person complained against shall be
entitled to receive free copies of or allowed access to and
inspect any documentary evidence relied on for the purpose
of the hearing and he shall also be given upon request a copy
of the evidence (including copies of documents tendered in
evidence) after the hearing is completed.
(7) If the person complained against does not
appear on the date and time fixed for hearing of the case, the
Disciplinary Committee may, if it satisfied that a notice of
hearing has been served on him, proceed with the hearing ex
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parte.
(8) If witnesses are called by the Disciplinary
Committee for giving evidence, the person complained
against shall be given an opportunity of putting questions to
the witnesses on his behalf.
(9) No documentary evidence shall be used
against the person complained against unless he has
previously been supplied with copies thereof or given access
thereto and he shall be permitted to give evidence, call
witnesses and make submissions orally or in writing on his
behalf.
(10) The Disciplinary Committee may call
additional witnesses and may adjourn the proceedings to
another convenient date and time or place as it may consider
appropriate.
(11) If, after having heard the evidence in support
of the charge, the Disciplinary Committee is of the opinion
that the evidence is insufficient, it may recommend to the
Medical Council to dismiss all or any of the charges without
calling upon the person complained against for his defence.
(12) If at the conclusion of the hearing, the
Disciplinary Committee is of the opinion that the person
complained against is not guilty of professional misconduct
or malpractice it shall dismiss the complaint and accordingly
report the matter to the Medical Council.
(13) If, at the conclusion of the hearing, the
Disciplinary Committee finds that the person complained
against is found guilty of any misconduct or act of
malpractice, the Disciplinary Committee shall make its
findings and by way of an inquiry report make its
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Action on the
report of the
Disciplinary
Committee.
recommendations to the Medical Council for imposing on the
medical practitioner concerned appropriate penalty in
accordance with section 17 of the Act.
52. (1) Having established that a medical practitioner
is guilty of professional misconduct or malpractice, the
Disciplinary Committee shall recommend to the Disciplinary
Medical Council such action of a disciplinary nature as it
thinks fit, in accordance with section 17 of the Act.
(2) Every recommendation made by the
Disciplinary Committee to the Council shall be prefaced by a
statement of the Committee's findings on each charge with
respect to the facts of the case and shall be signed by "the
Chairperson of the Disciplinary Committee.
(3) The Medical Council may, on consideration of
the findings and recommendations submitted to it by the
Disciplinary Committee, and if it is considered necessary,
after giving the medical practitioner a further opportunity of
being heard, by order –
(a) censure the medical practitioner;
(b) direct the Secretary to the Medical
Council to proceed to remove the
medical practitioner's name from the
Register;
(c) suspend the registration of the
medical practitioner for a period not
exceeding one year;
(d) order the payment of penalty or costs
of such sum as the Medical Council
may consider a reasonable
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Appeal against
the orders of
the Medical
Council.
contribution towards the cost
incurred in connection with those
proceedings.
(4) If the Medical Council is satisfied that it is
necessary for the protection of members of the public or
would be in the best interest of that person or the medical
profession to do so, it may make an order for the removal of
the name of the medical practitioner from the register or for
the suspension of his registration.
(5) Every order of the Medical Council under this
regulation shall take effect from the date of its issue or a
subsequent date as specified in the order or in accordance
with this regulation as under –
(a) where no appeal is brought against
the order, within the period of
limitation permissible for filing of the
appeal, on the expiration of that time;
(b) where an appeal is brought and is
withdrawn or struck out for want of
prosecution, on the withdrawal or
striking out of the appeal;
(c) where an appeal is brought and is not
withdrawn or struck out, if and when
the appeal is determined by the
upholding of the order, and not
otherwise.
53. (1) Any person aggrieved by an order of the
Medical Council under regulation 52 may prefer an appeal
under section 19 of the Act to a Judge of the High Court in
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Removal of
name from
register.
Restoration of
registration.
Chambers within six weeks of the communication of the
decision of the Medical Council to him.
(2) The Judge of the High Court in Chambers may
issue directions to terminate any suspension of registration of
a medical practitioner including a direction as to the cost of
the appeal.
54. (1) The Secretary to the Medical Council shall
remove the name of any registered medical practitioner from
the Register of Medical Practitioners –
(a) upon the application of that person;
or
(b) upon the taking effect of a
disciplinary order of the Medical
Council.
(2) Where the name of any person has been
removed from the Register or his registration has been
suspended, any license issued to him shall cease to have effect
for as long as his name remains off the Register or for the
period that the suspension continues in force.
(3) Where the name of any person has been
removed from the Register, the Medical Council may, in
writing, direct the person concerned to return his license to
the Secretary to the Medical Council within such time as may
be specified in the direction and the person concerned shall
comply with that requirement.
55. (1) The Medical Council may, at any time, upon application made by any person for registration whose name
has been removed from the Register or whose registration has
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Appeal to High
Court against
non-
registration.
Duties of the
Medical
Council to
render advice
on certain
matters.
been suspended, determine, if it thinks fit, that such person's
name shall be restored to the Register or that his suspension
shall cease to have effect from such date as the Medical
Council may appoint, and shall forthwith give notice of any
such decision to the Secretary to the Medical Council.
(2) On receipt of notice of an order made by the
Medical Council under paragraph (1) the Secretary to the
Medical Council shall forthwith cause the name of the
medical practitioner in question to be restored to the Register
or, as the case may be, cause a note of the cessation of the
suspension to be entered therein.
56. (1) Any person aggrieved by the failure or refusal
of the Medical Council to register him under the Act may
prefer an appeal to a Judge of the High Court in Chambers in
accordance with section 19 of the Act.
(2) The decision of the Judge shall mutatis
mutandis apply as if the matter in respect of which the appeal
is brought were a judgment or order of the High Court.
C. ADVICE ON STANDARDS OF PROFESSIONAL
CONDUCT AND ON MEDICAL ETHICS.
57. (1) The Medical Council shall give general advice
on –
(a) personal relationships between
medical practitioners and patients;
(b) professional confidence;
(c) the reference of patients to and
acceptance of patients by specialists;

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Personal
relationship
between
medical
practitioners
and patients.
(d) circumstances in which difficulties in
relation to self promotion by medical
practitioners most commonly arise;
and
(e) relationship between the medical
profession and the pharmaceutical
and allied industries.
(2) The Medical Council may also respond to
inquiries from individual medical practitioners about
questions of professional conduct, at its discretion, although
in some instances medical practitioners may be advised to
consult their professional association or other counsel.
58. (1) Medical practitioners shall exercise great care
and discretion in the crucial relationship between medical
practitioners and patients, and shall identify the areas in
which experience shows that this trust is liable to be
breached.
(2) Where a medical practitioner indecently
exposes himself to a patient while attending him
professionally, the medical practitioner may render himself
liable to criminal proceedings being proceeded against by the
Medical Council for such action as a professional misconduct
on preponderance of probability, even in the absence of a
criminal conviction by a court of law.
Note 1. - The Medical Council may take a serious view of a
medical practitioner who uses his professional position in
order to pursue a personal relationship of emotional or sexual
nature with a patient or the close relative of a patient. Such
abuse of a medical practitioner's professional position may be
aggravated in a number of ways. For example, a medical
practitioner may use the pretext of a professional visit to a
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Professional
confidentiality.
patient's home to disguise his pursuit of a personal
relationship with the patient (or, where the patient is a child,
with the patient's parent) or he may use his knowledge,
obtained in professional confidence, of the patient's marital
difficulties to take advantage of that situation. But these are
merely examples of particular situations.
Note 2. - The trust which should exist between a medical
practitioner and a patient can be severely damaged when, as a
result of an emotional relationship between a medical
practitioner and a patient, the family life of that patient is
disrupted. This may occur even without sexual misconduct
between the medical practitioner and patient.
Note 3. - Note 2 refers to personal relationship between
medical practitioners and their patients or the close relatives
of patients and not with others.
Note 4. - Innocent medical practitioners are put to
inconvenience or are subjected to anxiety by unsolicited
declarations of affection by patients or threats that a
complaint will be made on the grounds of a relationship
which existed only in the patient’s imagination. All
complaints received by the Medical Council are, therefore, to
be screened most carefully and action is to be taken only
when the evidence received is sufficient to require
investigation.
59. (1) Except in the cases mentioned in paragraph (3), it is a duty of a medical practitioner to strictly observe the
rules of professional secrecy by refraining from disclosing
voluntarily to any third party information about a patient,
which he has learnt directly or indirectly in his professional
capacity as a registered medical practitioner.
(2) The death of the patient does not absolve the
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medical practitioner from his obligations under this
regulation.
(3) The circumstances where exceptions to the rule
of professional secrecy in respect of confidential information
about a patient may be permitted are as follows –
(a) if the patient or his legal adviser gives
written and valid consent,
information to which the consent
refers may be disclosed;
(b) confidential information may be
shared with other registered medical
practitioners who participate in or
assume responsibility for clinical
management of the patient to the
extent that the medical practitioner
deems it necessary for the
performance of his particular duties;
(c) confidential information may also be
shared with other co-professionals
such as nurses, radiologists and other
health care professionals who are
assisting and collaborating with the
medical practitioner in his
professional relationship with the
patient and it is the medical
practitioner's responsibility to ensure
that such individuals appreciate that
the information is being imparted in
strict professional confidence;
(d) if in particular circumstances the
medical practitioner believes that it
undesirable on medical grounds to
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seek the patient's consent, information
regarding the patient's health may
sometimes be given in confidence to a
close relative or a person in a similar
relationship to the patient;
(e) if in the medical practitioner's opinion
disclosing of any information about a
patient to a third party other than a
relative, would be in the best interests
of the patient, it is the medical
practitioner's duty to make every
reasonable effort to persuade the
patient to allow the information to be
given and if the patient still refuses to
give his consent, then only in
exceptional cases should the medical
practitioner feel himself entitled to
disregard the refusal of the patient;
(f) information about a patient may be
disclosed to the appropriate authority
in order to satisfy a specific statutory
requirement, such as notification of an
infectious or contagious disease;
(g) if the medical practitioner is directed
to disclose information about a
patient by a judge or other presiding
officer of a court before whom he is
appearing to give evidence,
information may, at that stage, be
disclosed;
(h) information about a patient may also
be disclosed to a coroner or his
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nominated representative to the
extent necessary to enable the coroner
to determine whether an inquest
should be held;
(i) where litigation is in prospect, unless
the patient has consented to the
disclosure or a formal court order has
been made for disclosure, information
about the patient should not be
disclosed merely in response to
demands from other persons such as
another party's counsel or attorney-at-
law or an official of the court without
lawful authority of a court.
(j) the disclosure may rarely be justified
on the grounds that it is in the public
interest or health of the community at
large which, in certain circumstances
such as, for example, investigation by
the police of a grave or very serious
crime, might override the medical
practitioner's duty to maintain his
patient's confidence;
(k) information may also be disclosed if
necessary for the purpose of a medical
research project, which has been
approved by a recognized Ethical
Committee of the Medical Council.
(4) A medical practitioner shall, always be
prepared to justify his actions, if he has disclosed confidential
information in respect of a patient.

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(5) If a medical practitioner is in doubt as to
whether any of the exceptions mentioned in this regulation
would justify him in disclosing information in a particular
situation he may seek advice from the Medical Council or a
professional association.
(6) Where an individual below the age of sixteen
years consults a medical practitioner for medical advice or
treatment, and is not accompanied at the consultation by a
parent or a person in loco parentis, the medical practitioner
should particularly have in mind the need to foster and
maintain parental responsibility and family stability.
(7) Before offering advice or treatment to any
person, the medical practitioner shall satisfy himself, after
careful assessment, that the individual has sufficient maturity
and understanding to appreciate what is involved.
(8) If a medical practitioner is satisfied as to the
individual's maturity and ability to understand as set out in
this regulation, he should nonetheless seek to persuade the
individual, if a child to involve a parent, or another person in
loco parentis, in the consultation and if the child nevertheless
refuses to allow a parent or such other person to be told, the
medical practitioner must decide, in the patient's best medical
interests, whether or not to offer any advice or treatment.
(9) If the medical practitioner is not so satisfied, he
may decide to disclose the information learned from the
consultation; but if he does so he should inform the patient
accordingly, and his judgment concerning disclosure must
always reflect both the patient's best medical interests and the
trust the patient places in the medical practitioner.
Note. - Special problems in relation to confidentiality of
information relating to a patient can arise in circumstances
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where medical practitioners have responsibilities both to
patients and to third parties, for example, in the practice of
occupational medicine.
(10) An occupational medical practitioner should
ensure that any employee whom he examines or counsels in
that capacity understands the duty of the occupational
medical practitioner in relation to the employer and the
purpose of the consultation.
(11) Where an occupational medical practitioner is
asked by the employer to assess the fitness of an employee to
work he should not undertake such assessment except with
the informed consent of the employee.
(12) The extent to which disclosure of medical
information after the death of a patient is regarded as
improper shall depend on a number of factors such as –
(a) the nature of the information
disclosed;
(b) the extent to which such information
has already appeared in published
material;
(c) the circumstances of the disclosure,
including the period which has
elapsed since the patient's death.
(13) If the Medical Council is unable to specify an
interval of years to apply in all such cases mentioned in
paragraph (12) and a medical practitioner who discloses such
information without the consent of the patient or a surviving
close relative of the patient may be required to justify his
action.
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(14) The provisions of these Regulations on
confidentiality shall apply not only to information which a
medical practitioner has received in a clinical relationship
with a patient, but also information which he has received,
either directly from the patient or indirectly, in the course of
administrative or non-clinical duties, for example when
employed by a public or private health authority, commercial
firm, insurance company or other comparable organization,
or as a medical author or medical journalist.
(15) Where one medical practitioner shares
confidential information with another medical practitioner,
the interests of the patient require that the medical
practitioner with whom the information is shared must
observe the same rules of professional secrecy as the medical
practitioner who originally obtained the information from the
patient.
(16) Every medical practitioner connected with
organizations offering clinical diagnostic or medical advisory
services shall satisfy himself that the organization discourages
patients from approaching it without first consulting their
own general medical practitioners.
(17) In expressing the views, the Medical Council
shall recognise and accept that in some areas of practice
specialist and hospital clinics customarily accept patients
referred by sources other than their general medical
practitioners and in these circumstances also every specialist
has the duty to keep the general medical practitioner
informed.
PART VII
PHYSICAL ARRANGEMENTS, ADVERTISING AND
FINANCIAL RELATIONSHIPS

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Premises of the
health facilities.

c.32:06

Ethical
advertising.
60. The medical practitioners shall preserve both the
security of their patients as well as the dignity of the medical
profession and satisfy the minimal standards set for every
category of health care facility as prescribed in regulation 3 of
the Health Facilities Licensing Regulations made under
section 29 of the Health Facilities Licensing Act or any other
written law.
61. (1) Good communication between medical practitioners and patients and between one medical
practitioner and another is fundamental to the provision of
good patient care, and the ethical dissemination of relevant
factual information about medical practitioners and their
services is required to be strongly encouraged.
(2) Paragraph (1) facilitates an informed choice by
patients seeking medical care, enables a medical practitioner's
existing patients to be aware of and to make best use of the
services available and assists general medical practitioners in
advising their patients on a choice of specialist.
(3) Good communication referred to in paragraph
(1) is helpful for the professional standing of medical authors
to be indicated in their books and articles, since that will assist
the profession in fulfilling its duty to disseminate information
about advances in medical science and therapeutics.
(4) Patients are best able to make an informed
choice of a medical practitioner if they have access to
comprehensive, up-to-date, well-presented and easily
understood information, about all the medical practitioners
practicing in Guyana.
(5) Lists including factual information presented
in an objective and unbiased manner about the medical
practitioners and their professional qualifications, the
facilities available and the practice arrangements should be
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distributed by the Medical Council widely to the public and
full use should be made of the places in each area where
members of the public can expect to find local information.
(6) In the interest of the general public the
material referred to in paragraph (5) may be published by a body with statutory responsibilities for primary care services
or by some other body which has no reason to favour
individual medical practitioners or their practices.
(7) As far as is possible, material published in the
manner specified in paragraph (6) should provide the same
items of information about each medical practitioner and his
practice.
(8) The Medical Council shall ensure that persons
seeking medical assistance are protected from misleading
promotional advertising and improper competitive activities
among medical practitioners.
(9) The persons seeking medical assistance are
also entitled to expect that medical practitioners will help
them to obtain comprehensive advice about their medical
problems, including second opinions where appropriate and
guidance on alternative treatments and failure to respect
either of these entitlements can cause anxiety and distress,
and can erode the trust between a medical practitioner and
his patient on which good medical practice depends.
(10) Every medical practitioner shall be cognizant
of the disadvantages or negative impact of his self-
promotional material.
Note. - A medical practitioner who is the most successful at
achieving publicity may not be the most appropriate for a
patient to consult and people seeking medical attention and
their families are often vulnerable to persuasive influence.
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Advertising
and addressing
the public.
This influence could be a source of danger to the public and in
the extreme cases raises illusory hopes of a cure.
(11) Medical practitioners publishing information
about their services should not abuse the trust of patients or
attempt to exploit their lack of medical knowledge, especially,
they must not offer, guarantees to cure particular complaints.
(12) The advertising material should contain only
factual information and shall not include any statement which
could reasonably be regarded as misleading or as disparaging
the services provided by other medical practitioners, whether
directly or by implication.
(13) No claim of superiority should be made
either for the services offered or for a particular medical
practitioner's personal qualities, professional qualifications,
experience or skill.
Note. - The promotion of the medical practitioners medical
services as if the provision of medical care were no more than
a commercial activity is likely both to under-mine public trust
in the medical profession and, over passage of time, to
diminish the standards of medical care which patients have a
right to expect and such advertising shall be considered by
the Medical Council as unethical and may lead to a charge of
serious professional misconduct.
62. (1) Based on his ability, competence, integrity and
personal credibility, a medical practitioner may build a
professional reputation and may advertise professional
services or make professional announcements as permitted
either generally or specifically by the Medical Council.
(2) Every medical practitioner shall avoid
advocacy of any particular product or service when identified
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Medical
lectures to the
public.

Press
interviews.
Broadcasting
including
television.
as a member of the medical profession and shall avoid the
implied use of secret remedies.
(3) Every medical practitioner shall recognize the
responsibility to give consensus opinion when interpreting
medical or scientific knowledge to the public and when
presenting an opinion, which is contrary to that generally
held by the profession; he should indicate this and avoid any
attempt to enhance his personal professional reputation.
63. Every medical practitioner who proposes to
deliver a lecture at any function shall, before any particulars
of his professional status or attainments are announced or
made known to the public, request the Chairperson or the
Presiding Officer, as the case may be, to circumspect the
factual accuracy in any introductory remarks concerning him.
64. Every medical practitioner shall exercise the
greatest caution in granting a press interview, and the same
principle shall be applied to the publication of written articles.
Note. - A seemingly innocuous remark is often open to
misinterpretation and may easily form the subject of a
damaging headline. This may place the medical practitioner
in a position of embarrassment and danger. In certain
circumstances, it may be preferable to promise a prepared
statement than to give an impromptu interview; or if an
interview is to be granted, to ask for an opportunity to
approve the statement in proof before it is broadcast or
otherwise published.
65. (1) Medical practitioners taking part in public
discussions in any medium, including radio and television
should avoid any statements which may tend to give them
personal professional advantage.

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Advertising in
the press.

Association
with
commercial
enterprise.
Note. - It is legitimate and even desirable that topics relating
to both medical science and policy and to public health and
welfare should be discussed by medical practitioners who can
speak with authority on the question at issue. The medical
practitioners should personally observe this rule and take care
that the announcer, in introducing them, makes no laudatory
comments and no unnecessary display of their medical
qualifications and appointments. There is a special claim that
medical practitioners of established position and authority
should observe these conditions for their example must
necessarily influence the actions of their less recognized
colleagues.
(2) A medical practitioner serving in an official
public capacity is in a different position, but he should also
ensure that it is his public office, rather than himself, that is
exalted.
66. (1) The use of advertising columns of the lay press
to publicise the professional activities of individual medical
practitioners, even in case of absence of a name (e.g. by using
a box number) is unethical.
(2) A particularly reprehensible form of
advertising of the type mentioned in paragraph (1) is the
submission to the press directly or through an agent of
information concerning the personal movements, vacation or
new appointments of a medical practitioner.
67. (1) It is considered improper for a medical
practitioner to be directly associated with any commercial
enterprise engaged in the manufacture or sale of any
substance which is claimed to be of value in the prevention or
treatment of any disease and which is recommended to the
public in such a fashion as to be calculated to encourage the
practice of self-diagnosis or self-medication or is of
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Information
about
organisations
offering
medical
services.
undisclosed nature or composition.
(2) A similar view shall be taken by the Medical
Council of the association of a medical practitioner with any
system or method of treatment which is not under medical
control and which is advertised in the public press.
68. (1) The medical practitioners who have any kind
of financial or professional relationship with any
organization, or who use its facilities, are deemed by the
Medical Council to bear some responsibility for the
organization's advertising and this regulation shall also apply
to medical practitioners who accept for examination or
treatment patients referred by any such organization.
Note. - Medical services are offered to the public not only by
individual medical practitioners but also by a wide variety of
organizations such as hospitals, health centres, diagnostic
centers, nursing homes, advisory bureaus or agencies and
counseling centers. Hence, the advertisements should not
make invidious comparisons with other organizations, or
with the services of particular medical practitioners, nor
should they claim superiority for the professional services
offered by them or for any medical practitioner connected
with the organization.
(2) The medical practitioners shall acquaint
themselves with the nature and content of the advertising of
the organization offering medical services, and shall exercise
due diligence in an effort to ensure that it conforms to these
Regulations.
Note. - If any question arises as to a medical practitioner's
conduct in relation to an organization offering medical
services, it will not be sufficient for an explanation to be based
on the medical practitioner's lack of awareness of the nature
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Information to
companies-
firms and
similar
organisations.

Information
about
association of
medical
practitioners.
or content of the organization's advertising, or lack of ability
to exert influence over it.
(3) Every medical practitioner shall avoid
personal involvement in canvassing or promoting the medical
services of any organization, for example, by public speaking,
broadcasting, writing articles or signing circulars, and should
not permit the organization's promotional material to claim
superiority for their professional qualifications and
experience.
(4) A medical practitioner shall not allow his
personal address or telephone number to be used as an
inquiry point on behalf of an organization offering medical
services.
69. (1) A medical practitioner who wishes to offer
medical services such as medico-legal or occupational health
services or medical examinations to a company, factory, firm,
school or club, or a professional practitioner or association
may send factual information about his qualifications and
services to a suitable person of the company, factory, firm or
organization, as the case may be.
(2) A medical practitioner shall not use the
provision of such services referred to in paragraph (1) as a
means to put pressure upon any individual to become his
patient.
70. Any association of medical practitioners which
proposes to release lists of its members in response to
requests made by the public shall first consult the Medical
Council for guidance as to the form which the list should take.
Note. - Members of the public who are seeking medical
advice or treatment occasionally approach an association of
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Financial
relationships
between
medical
practitioners
and
independent
organisations
providing
clinical,
diagnostic or
medical
advisory
services.
medical practitioners for a list of its members. Such a list may
be released in response to a direct request, but it is essential
that no list should imply that the persons mentioned in the
list are the only medical practitioners who are qualified to
practice in a particular branch of medicine or that the
inclusion of a medical practitioner's name in the list carries
some form of recommendation. The lists, which are released,
should include those medical practitioners who are eligible
for registration by the Medical Council as having completed
higher specialist or vocational training.
71. (1) A medical practitioner who recommends that a
patient should attend at, or be admitted to, any private
hospital, health centre, nursing home or similar institution,
whether for treatment by the medical practitioner himself or
by another person, must do so only in such a way as will best
serve, and will be seen best to serve, the medical interests of
the patient.
(2) Every medical practitioner shall avoid
accepting any financial or other inducement from such an
institution which might compromise, or be regarded by
others as likely to compromise, the independent exercise of
his professional judgment and dignity of the profession.
(3) Where a medical practitioner has a financial
interest in an organization to which he proposes to refer a
patient for admission or treatment, whether by reason of a
capital investment or a remunerative position, he should
always disclose that he has such an interest before making the
referral.
(4) The seeking of acceptance by a medical
practitioner from an institution of any inducement of the
nature referred to in paragraph (3) for the referral of patients
to that institution, such as free or subsidized consulting
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Relationships
between the
medical
professions and
the pharmaceu-
ticals and allied
industries.
premises or secretarial assistance, may be regarded as
improper.
(5) The offering of inducements to colleagues by
medical practitioners who manage or direct such institutions
as referred to in paragraph (3) may be regarded as improper.
72. (1) A medical practitioner prescribing medicines
or appliances shall, while choosing medicines or appliances,
ensure that the prescription is made on the basis of his
independent professional judgment and having due regard to
economy and to best serve the medical interests of his patient.
(2) Every medical practitioner shall avoid accepting any pecuniary or material inducement which is
likely to compromise, or be regarded by others as likely to
compromise, the independent exercise of his professional
judgment in prescribing medicines, laboratory tests and
appliances.
(3) The medical practitioners shall not seek or
accept any sums of money or gifts except ordinary exchange
of gifts on festivals and special occasions from commercial
firms manufacturing or marketing drugs, or diagnostic or
therapeutic agents or appliances and any such action of
unusual nature shall be considered as improper.
(4) A medical practitioner shall not be held
responsible for any act of voluntary supply of samples of
medicines or equipment by any manufacturing company or a
medical representative.
Note 1. - The medical profession and the pharmaceutical
industry have common interests in the research and
development of new drugs of therapeutic value and in their
production and distribution for clinical use. Medical practice
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Clinical trial of
drugs.
owes much to the important advances achieved by the
pharmaceutical industry over recent decades In addition,
much medical research and postgraduate medical education
are facilitated by the financial support of pharmaceutical
firms.
Note 2. - Advertising and other forms of sale promotions by
individual firms within the pharmaceutical and allied
industries are necessary for their commercial viability and can
provide information useful to the profession.
73. It may be improper for a medical practitioner to
accept –
(a) per capita or other payments from a
pharmaceutical firm in relation to a
research project such as the clinical
trial of a new drug, unless the
payments have been specified in a
protocol for the project which has
been approved by the relevant ethical
committee;
(b) per capita or other payments under
arrangements for recording clinical
assessments of a licensed medicinal
product, whereby he is asked to
report observations which he has
observed in patients for whom he has
prescribed the drug, unless the
payments have been specified in a
protocol for the project which has
been approved by the relevant ethical
committee;
(c) payment in money or kind which
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Gifts and loans.

Acceptance of
hospitality.

Professional
fees.
could influence his professional
assessment of the therapeutic value of
a new drug.
74. It is considered improper for any medical
practitioner to accept from a pharmaceutical firm monetary
gifts or loans or expensive items of equipment for his
personal use except in case of a hire-purchase or grants of
money or equipment by firms to institutions such as
hospitals, health centres and university departments when
they are donated specifically for purposes of research or for
the welfare of poor people.
75. (1) It is considered improper for individual medical practitioners or groups of medical practitioners to
accept lavish hospitality or travel facilities under the terms of
sponsorship of medical postgraduate meetings or conferences
or the like.
(2) The acceptance of hospitality at an appropriate level, which the recipients might normally adopt when
paying for themselves whether by an individual medical
practitioner of a grant, which enables him to travel to an
international conference or by a group of medical
practitioners who attend a sponsored postgraduate meeting
or conference shall not be considered as improper under
paragraph (1).
76. (1) Medical practitioners who are practicing
otherwise than under obligation of an employment contract
are entitled to charge fees for consultations, special
examinations such as laboratory tests, ECG examinations, etc.
and for special procedures such as surgical operations, both
minor and major, and for issuing medical reports.
(2) Issuance of medical certificates stating illness
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Relationship
between
medical
practitioners
and patients.
or fitness, percentage of incapacity and the like of a patient is
an integral part of the consultation as are prescriptions for
medicines and appliances, advice on diet, physical or
rehabilitation exercises, rest and the like and the fee for
issuance of such certificates when necessary are included in
the consultation fee.
Note. - The medical practitioners should adopt general rules
and standards regarding fees. It should be deemed a point of
honor among medical practitioners to adhere to these
standards with as much uniformity as varying conditions
may allow.
PART VIII
ADVICE ON HIV AND AIDS
Note. - This Part deals with the guidance of the Medical
Council on the ethical problems surrounding HIV and AIDS.
It deals with the principles of the medical practitioner-patient
relationship and the medical practitioner's duty towards
patients. It also deals with specific matters, including the
duties of medical practitioners who may themselves be
infected and the need to obtain patients' consent to
investigation or treatment. In all areas of medical practice, the
medical practitioners are required to make judgments, which
they may later have to justify. This is applicable both to
clinical matters and complex ethical problems which arise
regularly in the course of providing patient care because it is
not possible to set out a code of practice which provides
solutions to every such problem which may arise.
77. It is unethical for a medical practitioner –
(a) to refuse treatment or investigation
for which there are appropriate
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facilities on the ground that the
patient suffers or may suffer from a
condition which could expose the
medical practitioner to personal risk;
(b) to withhold treatment from any
patient on the basis of a moral
judgment that the behavior or lifestyle
of the patient might have contributed
to the condition for which the
treatment was being sought.
Note 1. - The relationship between a medical practitioner and
his patients is founded on mutual trust, which can be fostered
only when information is freely exchanged between the
medical practitioner and his patients on the basis of honesty,
openness and understanding. Acceptance of that principle is
fundamental to the resolution of the questions which have
been identified in relation to AIDS.
Note 2. - The Medical Council has noted the significant
increase in the understanding of AIDS and AIDS-related
conditions, both within the medical profession and by the
general public, which appears to have occurred. Although
most medical practitioners are generally prepared to regard
these conditions as similar in principle to other infections and
life threatening conditions and are willing to apply
established principles in approaching their diagnosis and
management rather than treating them as medical conditions
quite distinct from all others, the Medical Council has concern
about the level of knowledge at the individual level about the
management of the disease.
Note 3. - The Medical Council expects that medical
practitioners will extend to patients who are HIV positive or
are suffering from AIDS the same high standard of medical
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Duties of
medical
practitioners in
certain HIV
infected cases.
care and support which they would offer to any other patient.
The Medical Council has serious concern at reports of medical
practitioners having refused or neglected to provide such
patients with necessary care and treatment.
Note 4. - It is entirely proper for a medical practitioner who
has a conscientious objection to undertaking a particular
course of treatment, or who lacks the necessary knowledge,
skill or facilities to provide appropriate investigation or
treatment for a patient, to refer that patient to a professional
colleague.
78. (1) It is unethical for a medical practitioner who
knows or believes himself to be infected with HIV to put
patients at risk by failing to seek appropriate counselling or
by failing to document it.
(2) A medical practitioner who knows that a
health care worker is infected with HIV and is aware that the
person has not sought or followed advice to modify his
professional practice has a duty to inform the appropriate
regulatory body and appropriate person of the employing
authority of the concerned health care worker who will
usually be the senior- most medical practitioner.
Note 1. - Considerable public anxiety has been aroused by
suggestions that medical practitioners who are HIV positive
might endanger their patients. The risk is very small. It is
imperative, both in the public interest and on ethical grounds,
that any medical practitioner suspected of being infected with
HIV should seek appropriate diagnostic testing and
counseling and, if found to be infected, have regular medical
supervision.
limit their practice in order to protect their patients. Such
also seek specialist advice on the extent to which they should
Note 2. - Medical practitioners who are HIV positive should
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Rights of
medical
practitioners
infected with
HIV.
Consent to
investigation or
treatment.
advice will usually be obtained locally from a consultant in
occupational health, infectious diseases or public health, who
may in turn seek guidance on an anonymous basis, from the
UK Advisory Panel of the Expert Advisory Group on AIDS.
Medical practitioners must document that advice which, in
some circumstances, would include a requirement not to
produce or to limit their practice in certain ways. No medical
practitioner should continue in clinical practice merely on the
basis of his own assessment of the risk to patients. This is
intended to prevent the transmission of infection from
medical practitioners to patients.
79. Medical practitioners who become infected with
HIV are entitled to expect the confidentiality and support
afforded to other patients and only in the most exceptional
circumstances, where the release of the name of the medical
practitioner who is infected with HIV is essential for the
protection of patients, may a medical practitioner's HIV status
be disclosed without his consent.
80. A medical practitioner shall treat a patient only on
the basis of consent of the patient, his parent or guardian
either explicit or in unavoidable circumstances by implicit
consent.
Note 1. - The medical practitioners are expected in all normal
circumstances to be sure that their patients' consent to the
carrying out of investigative procedures involving the
removal of samples or invasive techniques, whether those
investigations are performed for the purposes of routine
screening, for example, in pregnancy or prior to surgery, or
for more specific purpose of differential diagnosis. A patient's
consent may in certain circumstances be given implicitly, for
example, by agreement to provide a specimen of blood for
multiple analysis. In other circumstances it needs to be given
explicitly, for example, before undergoing a specified
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Need to obtain
consent for
testing for HIV
infection.
operative procedure or providing a specimen of blood to be
tested specifically for a named condition. As the expectations
of patients, and consequently the demands made upon
medical practitioners, increase and develop, it is essential that
both medical practitioner and patient feel free to exchange
information before investigation or before the treatment is
undertaken.
81. (1) In the case of a patient presenting with certain
symptoms, which the medical practitioner is expected to
diagnose, the process of obtaining consent should form part
of the consultation.
(2) Where blood samples are taken for screening
purposes, as in ante-natal clinics, there will usually be no
reason to suspect HIV infection but even so the test should be
carried out only where the patient has given explicit consent.
Similarly, those handling blood samples in laboratories, either
for specific investigation or for the purpose of research should
test for the presence of HIV only where they know that the
patient has given explicit consent.
(3) Testing without explicit consent of a patient
can be justified only in most exceptional circumstances where
a test is imperative in order to secure the safety of persons
other than the patient and it is not possible to obtain the prior
consent of the patient.
(4) It would not be unethical for a medical
practitioner to perform a test without the patient's consent,
provided that the medical practitioner is able to justify that
documentation as being done in the best interests of the
patient.
conducting tests should apply generally, but it is particularly
of having the consent of the patient for treatment and for
Note 1. - The Medical Council has advised that the principle
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Confidentiality
and HIV status.
important in the case of testing for HIV infection, not because
the condition is different in kind from other infections, but
because of the possible serious "social and financial
consequences which may ensue for the patient from the mere
fact of having been tested for the condition. These are
problems which would be better resolved by developing a
spirit of social tolerance than by medical action, but they do
raise a particular ethical dilemma for the medical practitioner
in connection with the diagnosis of HIV infection or AIDS.
They provide a strong argument for each patient to be given
the opportunity, in advance, to consider the implications of
submitting to such a test and deciding whether to accept or
decline it.
Note 2. - A particular difficulty arises in cases where it may be
desirable to test a child for HIV infection and where,
consequently, the consent of a parent, or a person in loco
parentis, would normally be sought. However, the possibilities
that the child having been infected by a parent may, in certain
circumstances, distort the parent's judgment so that consent is
withheld in order to protect the parent's own position. The
medical practitioner faced with such a situation must first
judge whether the child is competent to consent to the test on
his own behalf. If the child is judged competent in this
context, then, consent can be sought from the child. If,
however, the child is judged unable to give consent, the
medical practitioner must, decide whether the interest of the
child should override the wishes of the parent.
82. (1) When a patient is seen by a specialist who
diagnoses HIV infection or AIDS, and a general practitioner is
or may become involved in the care of the patient, then the
specialist should explain to the patient that the general
practitioner cannot be expected to provide adequate clinical
management and care without full knowledge of the patient's
condition.
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Note - The medical practitioners are generally familiar with
the need to make judgments as to whether confidential
information should be disclosed or not in particular
circumstances, and the need to justify their documentation
where such a disclosure is made. The Medical Council has
held the view that, where HIV infection or AIDS has been
diagnosed, any difficulties concerning confidentiality which
arise will usually be overcome if medical practitioners are
prepared to discuss openly and honestly with patients the
implication of their condition, the need to secure the safety of
others, and the importance for continuing medical care of
ensuring that those who will be involved in their care know
the nature of their condition and the particular needs which
they will have. The Medical Council has held the view that
any medical practitioner who discovers that a patient is HIV
positive or suffering from AIDS has a duty to discuss these
matters fully with the patient. The Medical Council considers
that the majority of the patients will readily be persuaded of
the need for their general practitioners to be informed of the
diagnosis.
(2) If the patient refuses to consent to the specialist
for giving full knowledge about his condition to the general
practitioner, then the specialist has two sets of obligations to
consider and these are the obligation to the patient to
maintain confidence, and obligation to other care-givers
whose own health may be put unnecessarily at risk.
(3) In the circumstances mentioned in paragraph
(2), the patient should be counseled about the difficulties
which his condition is likely to pose for the team responsible
for providing continuing health care and about the likely
consequences for the standard of care which can be provided
in the future.
(4) If, having considered the matter carefully in
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Informing the
patient’s
spouse or other
sexual partner.
the light of such counseling, the patient still refuses to allow
the general practitioner to be informed then the patient's
request for privacy should be respected except where the
medical practitioner judges that the failure to disclose the
information would put the health of any member of the
health care team at serious risk.
Note. - The Medical Council considers that, in a situation
mentioned in paragraph (4), it would not be improper to
disclose such information, as that person needs to know. The
need for such a decision is likely to arise only rarely, but if it
is made, the medical practitioner must be able to justify his
documentation. Similar principles apply to the sharing of
confidential information between specialists or with other
health care professionals such as nurses, laboratory
technicians and dentists. All persons receiving such
information must consider themselves under the same
general obligation of confidentiality as the medical
practitioner principally responsible for the patient's care
should have.
83. (1) When a person is found to be infected in the
manner specified in Note 1, the medical practitioner must
discuss with the patient the question of informing a spouse or
other sexual partner of the patient.
(2) In case of AIDS patients, the medical
practitioners shall make their own judgments of the course of
action to be followed m specific circumstances.
Note 1. - Questions of conflicting obligations also arise when a
medical practitioner is faced with the decision whether the
document that a patient is HIV positive or suffering from
AIDS should be disclosed to a third party, other than another
health care professional, without the consent of the patient.
The Medical Council is of the view that there are grounds for
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Action on
complaint
against medical
practitioners.
such a disclosure only where there is a serious and
identifiable risk to a specific individual who, if not so
informed, would be exposed to infection.
Note 2. - Medical Council considers that most patients with
HIV positive or suffering from AIDs will agree to disclosure
in the circumstances mentioned in Note 1, but where such
consent is withheld the medical practitioner may consider it
as his duty to ensure that any sexual partner is informed, in
order to safeguard such person from infection.
Note 3. - It is emphasized that the advice set out in this Part is
intended to guide the medical practitioners in approaching
the complex questions which may arise in the context of
infections referred to in Note 1. The instructions in this Part
may be taken as only general guidelines and individual
medical practitioners must always be prepared, as a matter of
good medical practice, to make their own reasonable
judgments of the appropriate course of action to be followed
in specific circumstances, and be able to justify the decisions
which they make.
PART IX
MISCELLANEOUS
84. (1) Any person aggrieved by the non-compliance
with any of the provisions of these Regulations by a medical
practitioner by indulging in any professional misconduct or
malpractice may make a written complaint to the Medical
Council.
(2) Upon receipt of a complaint under paragraph
(1), the Medical Council shall send a notice to the medical
practitioner concerned along with a copy of the complaint
and afford him a reasonable opportunity to furnish his
answer to the allegations made in the complaint.
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Penalty for
contravention
of regulations.
(3) If upon receipt of the written reply to the
complaint, the Medical Council is satisfied that the medical
practitioner is found guilty of professional misconduct or
indulged in malpractice it may by reasoned order impose a
suitable penalty on the medical practitioner as it may deem
just and proper in accordance with section 17 of the Act.
85. (1) Every person who contravenes any of these
Regulations shall on summary conviction be liable to a fine
not exceeding nineteen thousand five hundred dollars and
imprisonment not exceeding two years and in the case of a
continuing offence a further penalty of one thousand nine
hundred and fifty dollars for each day during which the
contravention continues but the penalty so imposed shall in
no case exceed the penalty specified in section 15 of the Act.
(2) No prosecution under these Regulations shall
be instituted without the previous sanction of the Medical
Council.
ANNEXURE 1
[See reg. 4 (1)]
THE HIPPOCRATIC OATH
I swear by Apollo the Physician, by Aesculapius,
Hygeia and Panacea, and I take to witness all the gods and
goddesses, to keep according to my ability and judgment of
the following Oath:
To reckon him who taught me this Art as dear to me
as my parents, to share my substance with him and relieve his
necessities if required; to look on his offspring as my own
brothers and to teach them this Art without fee or stipulation
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if they wish to learn it; that by precept, lecture and every
other mode of instruction I will impart a knowledge of the Art
to my own sons and the sons of the master who taught me
and to disciples bound by stipulation and oath according to
the law of Medicine, but to none others.
I will follow that system of regimen which according
to my ability and judgment I consider best for the benefit of
my patients and abstain from whatever is deleterious and
mischievous I will give no deadly medicine to anyone if asked
nor will I suggest any such counsel. In like manner I will not
give a woman a pessary to procure abortion. Nor will I cut
persons laboring under the Stone, but will leave this to men
who are practitioners at this work.
With purity and holiness will I pass my life and
practice my Art. Into whatever houses I enter I will go into
them for the benefit of the sick and will abstain from all
intentional ill-doing and especially from the pleasures of love
with those I come into contact with therein, be they women or
men, free or slaves.
All that may come to my knowledge in the exercise of
my profession or daily commerce with men which ought not
to be spread abroad I will keep secret and never reveal.
While I continue to keep this Oath inviolate may it be
granted to me to enjoy life and the practice of the Art,
respected by all men and in all times, but should I trespass
and violate this Oath may the reverse be my lot!

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INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
1. International Covenant on Economic, Social and
Cultural Rights.
2. International Covenant on Civil and Political Rights.
3. Optional protocol to the International Covenant on
Civil and Political Rights International.
4. Convention on the Elimination of all forms of Racial
Discrimination.
5. International Convention on the Suppression and
Punishment of the Crime of Apartheid.
6. International Convention Against Apartheid in
Sports.
7. Convention on the prevention and Punishment of the
Crime of Genocide.
8. Convention on the Rights of the Child.
9. Convention on the Elimination of All Forms of
Discrimination Against Women.
10. Convention on the Political Rights of Women.
11. Convention on the Nationality of Married Women.
12. Protocol amending the Slavery Convention of 1926.
13. Supplementary Convention on the Abolition of
Slavery and Similar Institutions.
14. Convention relating to the Status of Refugees.
[See reg. 5]
ANNEXURE II
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15. Protocol relating to the Status of Refugees.
ANNEXURE III
[See reg. 6]
JOINT CODE OF ETHICS
Whereas the right to health is anchored in the
Constitution of the Co-operative Republic of Guyana;
And whereas the National Health Plan of Guyana
(2003-2007) recognises that regulation of Health Care
Professions is a key element in improving the quality of care
of health of the people of Guyana;
And whereas the health professionals acknowledge
and respect the basic human rights to health and are aware of
their responsibility to promote human rights to prevent
diseases, to restore health and to alleviate suffering;
And whereas the major health professions emphasize
their joint responsibility to ensure the best possible standard
of professional conduct through the code of ethics that will
serve as a common code for all medical practitioners, dentists,
pharmacists, nurses and medex;
And whereas the Medical Council, Dental Council,
Pharmacy Council and General Nursing Council and the
Medical Board have agreed to this Joint Code of Ethics to be |
complementary to the specific Code of Conduct made under
the relevant enactment governing the relevant health
professions;

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Citation.

Interpretation.
c. 32:02
c. 32:03

c. 32:06
Cap. 137.
Cap. 134.
c. 32:02
NOW, THEREFORE, the following Joint Code of
Ethics is made:
1. This Code may be cited as the Joint Code of Ethics
for Health Professional 2008.
2. In this Joint Code of Ethics –
(a) “Council” means –
(i) the Medical Council of Guyana
established by section 3 of the
Medical Practitioners Act;
(ii) the Dental Council established by
section 3 of the Dental Registration
Act;
(iii) the Pharmacy Council incorporated
under section 3 of the Pharmacy
Practitioners Act;
(iv) the General Nursing Council for
Guyana established under the Nurses
and Midwives Registration
Ordinance; or
(v) the Medical Board established by
section 16 of the Colonial Medical
Service Ordinance;
(b) “health professional” means a person
registered under –
(i) the Medical Practitioners Act;
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c. 32:03
c. 32:06

c. 32:04

Aims of health
professionals.
Health
professionals to
maintain code
of ethics.
(ii) the Dental Registration Act ;
(iii) the Pharmacy Practitioners Act;
(iv) the Nurses and Midwives
Registration Ordinance;
(v) the Medex Act.
3. The aims of the health professionals are –
(a) to protect the patients;
(b) to promote confidence in health
professionals;
(c) to serve as a strong partner in health
care regulation and policy; and
(d) to promote health and well-being for
everyone.
4. (1) Every health professional shall maintain the
common code of ethics while discharging his functions by –
(a) timely registering himself in
accordance with the requirements of
relevant law for carrying on his
profession;
(b) delivering safe, competent care of
patients;
(c) setting standards of practice and
conduct;

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Principles to be
followed by
health
professionals.
(d) ensuring quality of health care
professional education;
(e) ensuring that the professional
knowledge and skills are kept up-to-
date;
(f) strengthening patient protection;
(g) encouraging receipt of feed-back from
the patients regarding the services
rendered;
(h) developing awareness for the wider
determinants of health.
(2) Every health professional shall observe this
Joint Code of Ethics, maintain his integrity and honour and
dignity of the health profession and encourage other health
professionals to act similarly.
5. Every health professional shall be responsible for
doing the following –
(a) putting the interest of patients first
and acting to protect them;
(b) respecting the dignity of patients,
their rights and choices;
(c) protecting the confidentiality of
information received;
(d) cooperating with other health
professionals in the interest of
patients;
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Safeguarding
interests of
patients.
(e) maintaining the required professional
knowledge and competence;
(f) acting with honesty, integrity and
compassion; and
(g) advocating for health promotion at
the individual, community and social
levels.
6. Every health professional shall carry out the
principle of putting the interests of patients first and acting to
protect them by –
(a) working within one's limits and
referring to colleagues for second
opinion or further treatment, if
considered necessary;
(b) keeping accurate records concerning
the patients and protecting the
confidentiality of the records to the
extent necessary;
(c) taking complaints from the patients
seriously and reacting in an
appropriate and sympathetic way;
(d) protecting the patients from risks
arising from one's professional
performance, behaviour or health
status;
(e) not asking for or accepting any
payment, gift or hospitality that may
affect or appear to affect one's
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Protection of
dignity, etc, of
patients.
professional judgment;
(f) ensuring continuity of care in the
event of closure of the health care
facility or conflict with moral beliefs
and referring the patient to
appropriate care;
(g) observing generally accepted
scientific standards for research
involving patients and respecting the
right of every patient to safeguard his
integrity including withdrawal of
consent.
7. Every health professional shall observe the
principle of respecting the dignity, rights and choices of the
patients by –
(a) listening to the patients with empathy
and a sense of compassion;
(b) treating the patients politely and with
respect to their dignity and rights as
individuals and in accordance with
the established procedure;
(c) delivering care without
discrimination on the ground of sex,
age, race, ethnic origin, culture,
spiritual or religious beliefs, lifestyle
or any other irrelevant considerations;
(d) recognizing and promoting the
responsibility of patients to make
decisions about their body and health
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Protection of
confidentiality
of information.

Principles of co-
operation.
including the terminally ill and in
respect of the need for the consent of
the patients;
(e) giving appropriate and under-
standable information so that the
patient can make independent
decisions;
(f) maintaining appropriate boundaries
between the health professionals and
the patients in their relationship and
not abusing the relationship.
8. Every health professional shall observe the
principle of protecting the confidentiality of information
received by him by –
(a) treating all information given by the
patients as confidential and using
them only for the purpose for which it
was given;
(b) keeping the information secure at all
times and prevent unauthorized
access; and
(c) getting appropriate advice, if the
health professional needs to reveal
confidential information in the
interest of the public or the patient.
9. Every health professional shall co-operate with
other health professionals by –
(a) co-operating with the team members,
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Maintenance of
professional
knowledge and
competence.

Trustworthi-
ness.
colleagues and other health
professionals and respecting their role
and competence;
(b) treating all team members and other
colleagues fairly; and
(c) sharing information, knowledge and
skills with other team members and
colleagues as are necessary in the best
interest of the patients.
10. Every health professional shall strive to acquire
and maintain professional knowledge and competence by –
(a) developing and updating his
professional knowledge and skills
throughout his working life;
(b) continuously reviewing the
knowledge, identifying the gaps and
understanding the limitations and
strengths thereof and by getting
involved in reviewing of the policies
and procedures and staying abreast
with the up-to-date knowledge and
research;
(c) keeping oneself informed of and
following the laws, regulations and
guidelines that affect one's work,
premises, equipment and business.
11. Every health professional shall –
(a) act honestly and with integrity to justify the
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L.R.O. 1/2012 .

Promotion of
health and
well-being.
trust of the patients and the general public;
(b) apply the principle of trustworthiness to all
professional, educational and business
activities;
(c) maintain appropriate standards in all
aspects of the health professional's private
and public life; and
(d) contribute to the prestige and reputation of
the profession by complying with every
code of conduct concerning the profession.
12. Every health professional shall observe the
principle of advocating health and well-being at the
individual, community and societal levels by –
(a) getting involved in health promotion
and by advocating for well-being in
the community and the betterment of
society in general;
(b) promoting and facilitating healthy
environments and lifestyles
conducive to health;
(c) promoting and facilitating effective
and appropriate health care systems
according to the principles of the
primary health care approach that
enable equal, appropriate and
affordable access to care;
(d) working for organizational structures
and resources that ensure safety,
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support and respect for all health care
professionals in their work setting;
and
(e) promoting and protecting in
particular health and well-being of
vulnerable groups.
ANNEXURE IV
[See reg. 7 (2)]
DUTIES OF A MEDICAL PRACTITIONER REGISTERED
WITH THE MEDICAL COUNCIL
1. Patients must be able to trust medical practitioners
with their lives and well being. To justify that trust,
the medical practitioners, being members of the
medical profession, have a duty to adhere to the code
of conduct and maintain good standard of practice
and care and to show respect for human life.
2. In all these matters a medical practitioner must never
discriminate unfairly against his patients or
colleagues and a medical practitioner must always be
prepared to justify his actions to the patients.
3. In particular, as a medical practitioner one must –
(i) take the care of his patient as his first
concern;
(ii) treat every patient politely and
considerably;
(iii) respect the dignity and privacy of the
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Medical Practitioners Cap. 32:02 135
[Subsidiary] Medical Practitioners (Code of Conduct and Standards of
Practice) Regulations
L.R.O. 1/2012 .
patients;
(iv) listen to the patients and respect their
views;
(v) give patients information in a way they
can understand;
(vi) respect the rights of patients to be fully
involved in decisions about their care;
(vii) keep one’s professional knowledge and
skills up to date;
(viii) recognize the limits of one’s professional
competence;
(ix) be honest and trustworthy;
(x) respect and protect confidential
information;
(xi) ensure that his personal beliefs do not
prejudice the care of patients;
(xii) act quickly to protect patients from risk
if the medical practitioner has good
reasons to believe that he or a colleague
may not be fit to practice;
(xiii) avoid abusing his position as a medical
practitioner; and
(xiv) work with colleagues in the ways that
best serve patients’ interests.
________________

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