PROFESSIONS SUPPLEMENTARY TO MEDICINE
THE PROFESSIONS SUPPLEMENTARY TO
MEDICINE ACT
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Establishment of the Council.
4. Functions of the Council.
5. Appointment of Registrar.
6. Funds of the Council.
7. Accounts and audit.
8. Annual reports and estimates.
9. The register.
10. Corrections of the register.
I I. Registration.
12. Censure, suspension and striking off.
13. The Tribunal.
14. Appeals from the Council.
15. Offences.
15A. Minister may amend monetary penalties.
16. Regulations.
17. Amendment of First Schedule.
SCHEDULES
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PROFESSIONS SUPPLEMENTARY TO MEDICINE 3
' THE PROFESSIONS SUPPLEMENTARY TO
MEDICINE ACT
Acts
49 of 1965,
24 of 1995,
4 of 2000,
[8th December, 1969.1 7 of2011.
1. This Act may be cited as- the Professions, Supplementary . short title.
to Medicine Act.
2. In this Act, unless the context otherwise requires- Interprets-
tlon.
"the Council" means the Council for Professions Supple-
mentary to Medicine established under section 3;
"functions" includes duties and powers; . .
"the register" means the Register of Professions Supple-
mentary to Medicine specified in section 9;
"the Registrar" means the Registrar appointed under sec-
tion 5;
''specified profession" means a profession specified in the
First Schedule. First
I Schedule.
I
3.--(I) There shall be established for the purposes of this Establish-
ment of
Act a body to be called the Council for Professions thecouncil.
Supplementary to Medicine.
(2) The provisions of the Second Schedule shall have
second Schedule.
effect with respect to the constitution and procedure of the
Council and otherwise in relation thereto.
' 4. The functions of the Council shall be- Functions of
the Council.
(a) to regulate the training of students in the specified
professions;
(b) to register members of the specified professions;
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.
PROFESSIONS SUPPLEMENTARY TO MEDICINE
(c) to ensure the maintenance of proper standards of con-
duct by members of the specified professions registered
under this Act.
Appointment 5. The Council shall appoint and employ at such remunera-
of Registrar tion, if any, and on such terms and conditions as the Minister
may approve a Registrar and such other officers and servants'as
it thinks necessary for the proper carrying out of the provisions
of this Act.
Funds of 6. The funds of the Council shall consist of such moneys as
the Councll. may from time to time be placed at its disposition for the
purposes of this Act by Parliament, and such other moneys as
may be lawfully paid to the Council.
Accounts 7. The Council shall keep proper accounts of its receipts, pay-
and audit. ments, assets and liabilities and such accounts shall be audited
annually by an auditor appointed in each year by the Council
with the approval of the Minister.
Annual 8.-(1) The Council shall in each year prepare and submit
reports and
estimates. to the Minister on or before the thirtieth day of'June a report
of its proceedings during the twelve months ending on the
thirty-first day of March in such year, including a statement of
its accounts audited in accordance with section 7, and a copy
of the report shall be printed and laid on the Table of the
House.
(2) The Council shall on or before the thirty-first day of
October in each year, submit to the Minister for approval its
estimates of revenue and expenditure in respect of the period
commencing on the first day of April next following and ending
on the thirty-first day of March of the subsequent year.
Theregister. 9.-(1) The Council shall cause the Registrar to keep
a register ( t o be known as the Register of Professions
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PROFESSIONS SUPPLEMENTARY TO MEDICINE 5
Supplement.ary to Medicine) of the names, addresses and
qualifications, and such other particulars as may be pre-
scribed, of all persons who are entitled in accordance with
the provisions of this Act to be registered under this Act
and apply in the prescribed manner to be so registered.
(2) The register shall be so constituted that a
separate part thereof is allocated to each specified pro-
fession.
(3) For the purposes of this Act, a person is
registered as a member of a specified profession if his
name is in the part of the register allocated to that pro-
fession.
Corrections
of the
10.-(1) It shall be the duty of the Registrar-
(a) to remove from the register any entry which register-
the Council under paragraph (c) of subsection (1)
of section 12 directs him to remove;
(b) to correct in accordance with the Council’s
directions any entry in the register which the
Council directs him in writing to correct as
being in the opinion of the Council an entry
which was incorrectly made;
(c) to make from time to time any necessary altera-
tions in any of the particulars mentioned in sub-
section (1) of section 9 which are contained in
the register.
(2) If the Registrar-
(a) sends by post to any person registered as a
member of any specified profession a registered
letter, addressed to him at his address in the part
of the register allocated to that profession, en-
quiring whether he has ceased to practise that
profession or has changed his address and
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6 PROFESSIONS SUPPLEMENTARY TO MEDICINE
receives no reply to the letter within three
months from the date of posting it; and
(b) upon the expiration of that period sends in like
manner to that person a second similar letter
and receives no reply to that letter within three
months from the date of posting it,
the Council may direct the Registrar to remove from the
part of the register allocated to that profession the name
of that person.
(3) The Council may at any time direct the
Registrar to restore to the register any name removed
therefrom under subsection (2).
Registration. 11.-(1) Any person who-
(a) applies to the Council in the prescribed form for
registration as a member of a specified profession;
and
(b) satisfies the Council that he possesses the pre-
scribed qualifications; and
(c) pays such registration fee as may be prescribed,
shall be entitled to be registered as a member of that
profession.
(2) Notwithstanding the provisions of subsection
(I), if any person-
(a) applies, within six months after the 8th December,
1969, to the Council in the prescribed form for
registration as a member of a specified profession;
and
(b) satisfies the Council that he practised that pro-
fession during the five years immediately
preceding the said 8th December, 1969; and
(c) pays such registration fee as may be prescribed,
the Council may, after considering the application and
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PROFESSIONS SUPPLEMENTARY TO MEDICINE 7
making such other enquiries as it thinks fit, direct that
he be registered as a member of that profession.
(3) The Registrar shall issue to every person
registered under this Act a certificate of registration in
the prescribed form.
lZ.--(l) If any person registered under this Act is Censure.
found, in disciplinary proceedings conducted in the pre- suspension M d strikkg
scribed manner by the Council against such person to Off-
have been convicted of a criminal offence or to be guilty
of professional misconduct, the Council may, if it thinks
fit-
(a) censure him; or
(b) suspend his registration for a period not exceed-
ing one year; or
(c) direct the Registrar in writing to remove his name
from the register.
(2) The Council may at any time, if it thinks just,
direct the Registrar to restore to the register any name
removed therefrom under subsection (1).
(3) Whenever the name of any person has been
removed from the register, the Council may in writing
require such person to return to the Registrar his certi-
ficate of registration, and such person shall comply with
that requirement.
13 .41) There is hereby established for the purpose of be
hearing appeals from the Council an Appeal Tribunal for TkibUnaI.
Professions Supplementary to Medicine (hereinafter referred
to as “the Tribunal”).
have effect as to the constitution of the Tribunal and
otherwise in relation thereto.
(2) The provisions of the Third Schedule shall TIW
Schedule.
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8 PROFESSIONS SUPPLEMENTARY TO MEDICINE
Appeals
Council.
14.41) Any person who is aggrieved by the refusal of
the Council to register him under this Act or by its deci-
sion to censure him or suspend his registration or cause
his name to be removed from the register may appeal to
the Tribunal against such refusal or decision within such
time and in such manner as may be prescribed.
from the
(2) The Tribunal may-
(a) at the hearing of an appeal against refusal of
registration, dismiss the appeal or allow the
appeal and direct the Council to cause the
registration to be effected;
(6) at the hearing of any appeal other than an
appeal against refusal of registration-
(i) dismiss the appeal and confirm the deci-
sion of the Council; or
(ii) allow the appeal and set aside the deci-
sion of the Council; or
(iii) allow the appeal and direct that the dis-
ciplinary proceedings in respect of which
the decision of the Council was made be
re-conducted by the Council; or
(iv) set aside the punishment inflicted by the
Council and inflict in substitution there-
for such other less severe punishment
mentioned in subsection (1) of section 12
as the Tribunal may think proper.
OffCW%% l$.-(1) Any person who, not being registered as a
member of any specified profession, at any time after the
expiration of six -months from the 8th December, 1969
practises that profession or takes or uses a name or title
which either alone or in combination with any other words
or letters implies that he is registered as a member of
that profession shall be guilty of an offence and shall be
. .
I.
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PROFESSIONS SUPPLEMENTARY T O MEDICINE 9
liable on summary conviction before a Resident Magistrate-
(a ) in the case of a first offence, to a fine not exceeding
two hundred and fifty thousand dollars; and 71201 I
Sch.
(b ) in the case of a second or subsequent offence, to a fine
not exceeding five hundred thousand dollars: 7/20] 1 Sch.
Provided that a person who is not registered as a member of
a specified profession shall not be guilty of an offence under this
subsection by reason of the performance by him of any func-
tions which he is employed by the Government to perform.
(2) Any person who with intent to deceive-
( a ) forges or uses or lends to or allows to be used by
any other person any certificate issued under this Act; .
or
(b ) makes or has in his possession any document so closely
resembling such certificate as to be calculated to
deceive,
shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
five hundred thousand dollars and in default of payment thereof ::11'
to imprisonment with or without hard labour for a term not
exceeding six months.
15A. The Minister may, by order subject to affirmative reso- Minister
lution, amend the monetary penalties specified in this Act. may amend monetary
71201 1
Sch.
16.--(I) The Council, with the approval of the Minister, Regulations.
may make regulations generally for the proper carrying out of
the provisions and purposes of this Act and in particular but
without prejudice to the generality o f ' the foregoing may
make regulations-
(a) prescribing the minimum qualifications to be possessed
as a prerequisite for registration as members of the
specified professions;
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10 PROFESSIONS SUPPLEMENTARY,TO MEDICINE
(b) providing for the courses of training which in the
opinion of the Council will confer on persons comple-
ting them sufficient knowledge and skill to practise the
specified professions;
(c ) as to the nature of the services which may be rendered
by registered members of the specified professions;
2411995 (4 prescribing registration fees,' re-registration fees ' and
S.3. examination fees; . . .
( e ) prescribing the manner in which disciplinary proceed-
ings may be instituted before the-council, the procedure
to be followed in the conduct ,of such proceedings and
matters incidental to or consequential on such proceed-
ings;
u> prescribing the manner of appealing to the Tribunal, and
as to the proceedings in any such appeal and matters
incidental to or consequential on such proceedings;
i
(g) prescribing any other matter or thing which may be, or
is required by this Act to be, prescribed.
(2) , Regulations made under this section may contain
different provisions for the different specified professions. . ,
7/20] I ( 3 ) Notwithstanding section 29(b) of the ~ n t ~ r ~ r e t o t i o n
Sch Act, regulations made under subsection (1) may provide in res-
pect of a breach of the provisions thereof for the imposition of
penalties on summary conviction in a Resident Magistrate's
Court of a fine not exceeding one million dollars or imprison-
ment for a term not exceeding twelve months or both such fine
- and imprisonment.
Amendment ' 1 7 . 4 1 ) The Minister may from time to time by order amend
of First
Schedule. or vary the First Schedule and any such order may contain such
transitional, incidental and supplementary provisions as the
Minister may consider necessary or expedient. . . ,
(2 ) Every order made under this section shall be subject
to affirmative resolution. + ,
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PROFESSIONS SUPPLFMENTA RY TO MEDICINE 1 1
FIRST SCHEDULE (Section 2)
The Specified Professions
(1) Medical Laboratory Technologist
(2) Radiographer
(3) Physiotherapist
(4) Occupational Therapist
(5) Dietitian practising in-
L.K.
1601 1974.
any public hospital; or
the University Hospital; or
Bellevue Hospital: or
the Hansen Home: or
any nursing home as defined by the Nursing Homes
Registration Act.
(6) Speech Therapist L.N.
16011 974.
(7) Dietetic Assistant who holds the Diploma or Associate Degree in
Dietetics and Nutrition from the College of Arts. Science and
Technology (C. A. S.T.)
L.N.
58’1995.
(8) Nutrition Assistant who holds the D~ploma or Associate in Dietetics kfi995,
and Nutrition from the College of Arts. Science and Technology
(C. A. S.T.)
(9) Public Health Inspector who holds the Diploma in Public Health L.N.
Inspection from the West Indies School of Public Health 5811995
SECOND SCHEDULE (Section 3)
1.-The Council shall consist of such number of members as shall be Constitution
ofthe
Council.
4/2000
S.2(a).
appointed by the Minister. as follows-
(a) one shall be nominated by the Med~cal Association of Jamaica:
( b ) one shall be nominated by the Faculty of Medical Sciences of the
University of the West Indies;
(c) two shall be chosen by the Minister, and
(4 such other persons as may be chosen by the Minister. each of
whom shall represent one of the specified professions.
2. The appointment of a member of the Council shall, subject to the
provisions of this Schedule, be for a period not exceeding two years and
such member shall be eligible for reappointment.
Tawreof
Office.
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12
Chairman
Ading
appoinl-
menls.
Resigna-
tions.
Revocali on
of appoint-
ment.
Filling of
vacancies.
G a m i n g of
appoint-
ments.
Incorpora-
tion.
PROFESSIONS SUPPLEMENTARY TO MEDICINE
3. The Minister shall appoint one of the members of the Council to be the
chairman thereof.
4, If the chairman or any other member of the Council is absent or
unable to act. the Minister may appoint any person to act in the place of the
Chairman or such other member.
5.-( 1) Any member of the Council. other than the cha- may at any
time resign his office by instrument in writing addressed to the Minister and
transmitted through the chairman and from the date of receipt by the
Minister of such instrument such member shall cease to be a member of the
Council.
(2) The chairman may at any time resign his office by instrument in
writing addressed to the Minister and such resignation shall take effect as
from the date of receipt by the Minister of such instrument.
6. The W s t e r may at any time revoke the appointment of any member
of the Council if he thuzks it expedient so to do.
7. If any vacancy occurs in the membership of the Council such vacancy
shall be filled by the appointment of another member who shall, subject to
the provisions of t h s Schedule, hold ofice for the remainder of the period
for which the previous member was appointed, so, however, that such
appointment shall be made in the same manner and from the same category
of persons. if any. as the appointment of the previous member.
8. The names of all members of the Council as first constituted and
every change in the membershipthereof shall be published in the Gazette.
'1
9.-(I) The Council shall be a body corporate having perpetual
succession and a common seal with power to acquire, hold and dispose of
land and other property of whatever kind
(2) The seal of the Council shall be kept in the custody of the
chairman or the Registrar and shall be affixed to instruments pursuant to a
resolution of the Council in the presence of the chairman or any other
member of the Council and the Repstrar.
(3) The seal of the Council shall be authenticated by the signatures
of the chairman or any other member authorized to act in that behalf and the
Registrar. and shall be officially and judicially noticed.
(4) All documents, other than those required by law to be under seal.
made by. and all decisions of, the Council may be sigrufied under the hands
of the chairman or any other member authorized to act in that behalf. and
the Regstrar.
(5) The Council may sue and be sued in its corporate name and m a y
for all purposes be described by such name.
G
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PROFESSIONS SUPPLEMENTARY TO MEDICINE 13
lO,-(l) The Council shall meet at such times as may be necessary or Procedure
espechent for the transaction of its business. and such meetings shall be held ;tsyet-
at such places and times and on such days as the Council may determine.
(2) The chairman may at any time call a special meeting of the
Council and sha!l call a special meeting withm seven days of the receipt of a
written requisition for that purpose addressed to him by any three members
of the Council.
(3) The chairman shall preside at al! meetings of the Council at
which he is present. and if the chairman is absent from any meeting the
members present and constituting a quorum shall elect one of their number
to preside at that meeting.
(4) The quorum of the Council shall not be less than one-half of 4 2000
( 5 ) The decisions of the Council shall be by a majority of votes and
in addition to an original vote, the chairman or other person presidmg at a
meeting shall have a casting vote in any case in which the voting is equal.
(6) Minutes in proper form of each meeting of the Council shall be
kept.
(7) The valid@ of the proceedings of the Council shall not be
affected by any vacancy amongst the members thereof or by any defect in
the appointment of a member thereof.
(8) Subject to the provisions of this Schedule the Council may
regulate its own proceedings.
the membership. S. 2(b).
1 1.-(I) The Council may appoint such committees as it may tlunk f i t Committees.
and may delegate to any such committee the power and authority to carry out
on its behalf such functions as the Council may determine. so, however. that
no such committee shall have power to make regulations.
(2) The constitution of each committee shall be determined by the
Council.
1 2 . 4 1 ) No member of the Council shall be personally liable for any act protedim
or default of the Council done or omitted to be done in good faith in the ofmembm.
course of the operations of the Council.
(2) Where any member of the Council is exempt from liability by
reason only of the provisions of ms paragraph, the Council shall be liable to
the extent that it would be if the member were a servant or agent of the
Council.
-\
-)
13. There shall be paid from the funds of the Council to the chairman and
other members of the Council such remuneration whether by way of t i~nof
honorarium, salary or fees, and such allowances as the Minister may membm.
determine.
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14 PROFESSIONS SUPPLMENTARY TO MEDICINE
Members 14. The office of chairman or member of the Council shall not be a
public office for the purposes of Chapter V of the Constitution of Jamaica. not public
officers
Constitution
of the
Tribunal.
Tenure of
oftice of
members.
Ading
appoint-
ments.
Resigna-
tions.
Revocation
ofappoint-
nitnts.
Filling of
vacancies.
Publicativn
of member-
ship.
Power to
regulate
procezdings
Members
not public
otlicers.
THIRD SCHEDULE (Section 13)
1. The Tribunal shall consist of a chairman and two other members m
appointed by the Minister.
2. The members of the Tribunal shall, subject to the provisions of this
Schedule. hold office for such period not exceeding two years as the
Minister may determine and shall be eligible for reappointment.
3. The Minister may appoint any person to act in the place of the
chairman or any other member of the Tribunal in case of the absence or
inability to act of the chairman or other member.
4.-( 1) Any member of the Tribunal other than the chairman may at any
time resign his office by instrument in writing addressed to the Minister and
transmitted through the chairman and from the date of the receipt by the
Minister of such instrument such member shall cease to be a member of the
Tribunal.
(2) The chairman may at any time resign his office by instrument in
writing addressed to the Minister, and such resignation shall take effect as
from the date of receipt by the Minister of such instrument.
5 . The Minister may at any time revoke the appointment of the chairman
or any other member of the Tribunal if he thinks it e-ent so to do.
6. If any vacancy occurs in the membership of the Tribunal, such
vacancy shall be filled by the appointment of another member who shall,
subject to the provisions of this Schedule, hold office for the remainder of
the period for which the previous member was appointed.
CJ 7. The names of members of the Tribunal as first constituted and every change in the membership thereof shall be published in the Gazette.
8. Subject to the provisions of this Act, the Tribunal may regulate its own
proceedings.
9. The office of chairman or member of the Tribunal shall not be a public
office for the purposes of Chapter V of the Constitution of Jamaica.
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