GOVERNMENTGAZETrE OF THE

REPUBLIC OF NAMIBIA N$0,80 WINDHOEK - 28 September 1994 No. 930

CONTENTS

Page

GOVERNMENT NOTICE

No. 176 Promulgation of Medical and Dental Professions Amendment Act, 1994 (Act 16 of 1994), of the Parliament .

Government Notice

OFFICE OF THE PRIME MINISTER

No. 176 1994

PRO MULGA nON OF ACT OF PARLIAMENT

The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No. 16 of 1994: Medical and Dental Professions Amendment Act, 1994.

2 Government Gazette 28 September 1994 No. 930 Act No. 16, 1994 MEDICAL AND DENTAL PROFESSIONS

AMENDMENT ACT, 1994

EXPLANATORY NOTE: Words underlined with solid line indicate in- sertions in existingenactments. Words in bold type in square brackets indicate omissionsfrom existingenactments.

ACT

To amend the Medical and Dental Professions Act, 1993, so to amend certain definitions; to remove certain re- ferences to and repeal certain provisions relating to dental technicians and oral hygienists; to provide that medical interns shall be entitled to vote in elections of members of the Medical Board; to provide that only medical practitioners registered in terms of the Act shall be eligible as candidates for election at the first election of members of the Medical Board; to provide that only medical practitioners and medical interns registered in terms of the Act shall be entitled to vote in the first election of members of the Medical Board; to provide that only dentists registered in terms of the Act shall be eligible as candidates for election at, or entitled to vote in, the first election of members of the Dental Board, and to provide for matters inciden- tal thereto.

(Signed by the President on 14 September 1994)

BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:-

Amendment of section 1 of Act 21 of 1993.

1. Section 1 of the Medical and Dental Professions Act, 1993 (hereinafter referred to as the principal Act), is hereby amended -

(a) by the substitution for the definition of "dental technician" of the following definition:

" 'dental technician' means any person registered as such under [this Act] the Allied Health Services Professions Act, 1993 (Act 20 of 1993);";

No. 930 Government Gazette 28 September 1994 3 Act No. 16, 1994

Amend ment of section 2 of Act 21 of 1993.

Amendment of section 5 of Act 21 of 1993.

MEDICAL AND DENTAL PROFESSIONS AMENDMENT ACT, 1994

(b) by the substitution for the definition of "inde- pendent contractor" of the following definition:

" 'independent contractor', in relation to a dental technician, means a dental technician who, with due regard to the provisions of [this Act] the said Allied Health Services Professions Act, 1993, practices the profession of a dental technician for his or her own account or who is a member of a partnership of dental technicians which practices that profession or who is a director of a company which carries on any business in which is per- formed any act specially pertaining to the pro- fession of a dental technician;";

(c) by the substitution for the definition of "oral hygienist" of the following definition:

" 'oral hygienist' means any person registered as such under [this Act] the said Allied Health Services Professions Act, 1993;".

2. Section 2 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:

"(b) in respect of the [professions] profession of dentists [dental technicians and oral hygienists] to be known as the Dental Board.".

3. Section 5 of the principal Act is hereby amen- ded -

(a) by the substitution for paragraph (b) of sub- section (1) of the following paragraph:

"(b) in the case of the Dental Board, all [or any] be dentists [dental technicians or oral hy- gienists]. ";

(b) by the substitution for subsection (2) of the following subsection:

"(2) The members ofthe Board of which the number thereof has been determined in terms of the provisions of subsection (I), shall be elected in the prescribed manner and in accordance with the prescribed procedures -

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AMENDMENT ACT, 1994

(a) in the case of the Medical Board, by the medical practitioners and medical in- terns;

(b) in the case of the Dental Board, by the dentists [dental technicians and oral hygienists],

who shall be Namibian citizens or lawfully ad- mitted to Namibia for permanent residence therein, and resident in Namibia.";

(c) by the addition of the following subsection:

"6 Notwithstandin the rovisions of this section -

(c) no person, including a person who, by virtue ofthe said section 54(1), is deemed to be registered as a dentist, shall be eligible as a candidate for election at, or entitled to vote in, the first election of members of the Dental Board con- templated in the said subsection (3),

(a) no person, including a person who, by virtue of section 54(1), is deemed to be registered as a medical practitioner, shall be eligible as a candidate for election at the first election of members of the Medical Board contemplated in sub- section (3);

(b) no person, including a person who, by virtue of the said section 54(1), is deemed to be registered as a medical practitioner or medical intern, shall be entitled to vote in such first election;

unless such person has been registered as a medical practitioner, medical intern or dentist, as the case may be, under the provisions of this Act by the Minister exercising such power by virtue of section 55.".

No. 930 Government Gazette 28 September 1994 5 Act No. 16, 1994

Amendment of section 13 of Act 21 of 1993.

Amendment of section 26 of Act 21 of 1993.

Repeal of section 27 of Act 21 of 1993.

Repeal of section 28 of Act 21 of 1993.

Amendment of section 40 of Act 21 of 1993.

MEDICAL AND DENTAL PROFESSIONS AMENDMENT ACT, 1994

4. Section 13of the principal Act is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:

"(a) the profession of a medical practitioner 2! a dentist [a dental technician or an oral hygienist]; or".

5. Section 26 of the principal Act is hereby amended by the substitution in subsection (I) for the words pre- ceding paragraph (a) of the following words:

"Subject to the provisions of subsection (3) [and sections 27 and 28], any person not registered as a dentist, who -".

6. Section 27 of the principal Act is hereby repealed.

7. Section 28 ofthe principal Act is hereby repealed.

8. Section 40 of the principal Act is hereby amen- ded -

(a) by the substitution for subsection (1) of the following subsection:

"(1) Notwithstanding anything to the contrary in this Act or in any other law contained, but subject to the provisions of this section, the Minister may, on application of any person who is not registered under this Act to practise as a medical practitioner, dentist [dental technician, oral hygienist] or medical intern, but who -

(a) in terms of the laws of any other country or state approved by the Minister for that purpose, is entitled to practise as a medical practitioner Q! dentist [dental technician or oral hygienist] without further examination in that country or state; or

(b) although he or she is not entitled to practise as contemplated in paragraph (a), at any educational institution si- tuated outside Namibia obtained a qualification or received education in the

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ActNo.1', 199. MEDICAL AND DENTAL PROFESSIONS AMENDMENT ACT, 1994

medical or dental profession which in the opinion of the Minister indicated a sa- tisfactory standard of professional education,

and complies with such further conditions or requirements as the Minister may determine, grant a written authority to such person to practise the profession of a medical practitioner ill dentist [dental technician or oral hygienist] or to practise as a medical intern, as the case may be. ";

(b) by the substitution in paragraph (a) of subsection (2) for the words preceding subparagraph (i) of the following words:

"shall be entitled to practise the profession of a medical practitioner illdentist [dental technician or oral hygienist] or to practise as a medical intern, as the case may be -";

(c) by the substitution for paragraph (b) of sub- section (2) of the following paragraph:

"(b) shall, subject to any restriction or condition imposed in respect of him or her under the provisions of paragraph (a), be competent and entitled to perform any act falling within the scope of the profession of a person who is registered under this Act as a medical prac- titioner, dentist [dental technician, oral hygienist] or medical intern, as the case may be, and which he or she could have per- formed if he or she had been registered as such under this Act.";

(d) by the substitution for paragraph (b) of sub- section (4) of the following paragraph:

"(b) such proof of the applicant's identity and good character and of the fact that he or she is entitled to practise the profession of a medical practitioner or dentist [dental technician or oral hygienist] or to practise as a medical intern and any qualification or qualifications which may be required by the Minister, including the authenticity and validity thereof as may be so required;";

No. 930 Government Gazette 28 September 1994 7

Act No. 16, 1994

Amendment of section 54 of Act 21 of 1993.

MEDICAL AND DENTAL PROFESSIONS AMENDMENT ACT, 1994

(e) by the substitution for subsection (7) of the following subsection:

"(7) (a) The provisions of Part IV and of section 48 shall mutatis mutandis apply to or in relation to any person authorized under this section to practise the profession of a medical practitioner .Ql dentist [dental technician or oral hygienist], or to practise as a medical intern as if such person were registered under this Act as such.

(b) Any reference in the provisions referred to 10 paragraph (a) to a medical practitioner, dentist [dental technician, oral hygienist] or medical intern shall be construed as in- cluding a reference to any person authorized under this section to practise as such, but subject to any condition or restriction imposed by or under this section.";

(f) by the substitution for subsection (8) of the following subsection:

"(8) For the purposes of the provisions of any other law, a medical practitioner, dentist [dental technician, oral hygienist] or medical intern shall be construed as including a reference to a person authorized under this section to practise as such, but subject to any condition or restriction imposed by or under this section.".

9. Section 54 of the principal Act is hereby amen- ded -

(a) by the substitution for subsection (l) of the following subsection:

"(1) Any person who, immediately prior to the commencement of this Act, was registered or authorized to practise as a medical practitioner 2! dentist [or oral hygienist] under any law repealed by this Act, shall, subject to the provisions of subsections (3) and (4) and to any restriction, condition or penalty imposed upon him or her in relation to his or her profession, and provided such person is resident in Namibia at such

8 Government Gazette 28 September 1994 No. 930 Act No. 16,1994 MEDICAL AND DENTAL PROFESSIONS

AMENDMENT ACT, 1994

commencement, be deemed to have been regi- stered as a medical practitioner or dentist [or oral hygienist] under this Act.";

(b) by the repeal of subsection (2);

(c) by the substitution for subsection (3) of the following subsection:

"(3) Any person referred to in subsection (1) [or (2)] shall, within a period of 90 days from the date of the constitution of the Board concerned as contemplated in section 5(3), or such further period as such Board may on good cause shown allow, apply to such Board in the manner and form determined by the Minister for his or her registration with such Board and submit together with such application his or her present certi- ficate of registration or authorization [or, in the case of the person referred to in the said sub- section (2), his or her certificate authorizing or purporting to authorize him or her to practise as such] and thereupon such person shall be entitled to registration as such: Provided that nothing in this subsection contained shall be construed as prohibiting the Minister, in the circumstances referred to in section 55, from exercising any power conferred on him or her under that section, to so register any such person as such as if the Minister were such Board.";

(d) by the substitution for subsection (4) of the following subsection:

"(4) Any person referred to in subsection (1) [or (2)] shall, upon the expiry of the period or further period referred to in subsection (3), as from the date of such expiry or the date on which any application for registration referred to in the said subsection (3) has been disposed of, which- ever is the later date, be deemed not to be so registered as contemplated in the said subsection (l) [or (2), as the case may be].".

Short title. 10. This Act shall be called the Medical and Dental Professions Amendment Act, 1994.