MEDICAL AND DENTAL PRACTITIONERS ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
ESTABLISHMENT, FUNCTIONS AND COMPOSITION OF THE COUNCIL.

   2.   Establishment of the council.

   3.   Functions of the council.

   4.   Composition of the council.

   5.   Meetings of the council.

PART III
MANAGEMENT AND STAFF OF THE COUNCIL.

   6.   Secretariat.

   7.   Registrar of the council.

   8.   Functions of the registrar.

   9.   Deputy registrar.

   10.   Other staff.

PART IV
FINANCIAL PROVISIONS.

   11.   Funds of the council.

   12.   Financial year of the council.

   13.   Estimates.

   14.   Accounts.

   15.   Audit.

   16.   Report to Parliament.

PART V
REGISTERS AND REGISTRATION OF PRACTITIONERS.

   17.   Eligibility for registration.

   18.   Recognition of other qualifications.

   19.   Registers and publication in the Gazette.

   20.   Person whose qualification not recognised.

   21.   Application for registration.

   22.   Certificate of registration.

   23.   Provisional registration.

   24.   Registered person to practice medicine or dentistry.

   25.   Removal from register.

   26.   Restoration of name after removal.

PART VI
LICENSING AND REGISTRATION FOR PRIVATE PRACTICE.

   27.   Private practice without a licence prohibited.

   28.   Licensing of private practice.

   29.   Registration of health units.

   30.   Particulars of health units to be published in the Gazette.

   31.   Control of operation of private health units.

   32.   Inspection of health units.

PART VII
INQUIRY BY THE COUNCIL.

   33.   Inquiry into professional misconduct.

   34.   Procedure of inquiry.

   35.   Legal advice to the council at inquiry.

   36.   Notification of decision to person concerned.

   37.   Publication of decision of the council.

   38.   Appeal to High Court.

PART VIII
MISCELLANEOUS PROVISIONS.

   39.   Committees of the council.

   40.   Additional qualifications.

   41.   Publication prima facie evidence.

   42.   Charges.

   43.   Authorised person to give medical or dental treatment.

   44.   Registered practitioner to undertake minimum continuing medical or dental education.

   45.   Notification of death of practitioner.

   46.   Regulations.

   47.   Offences and penalties.

      First Schedule   The seal and procedure of meetings of the council.

      Second Schedule   Medical and dental practitioners and health unit registers.

      Third Schedule   Registration certificates.

CHAPTER 272
MEDICAL AND DENTAL PRACTITIONERS ACT.

Commencement: 30 January, 1998.

   An Act to consolidate the law relating to the medical and dental practice and for other connected purposes.

PART I
INTERPRETATION.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "active practice" means the regular management of medical or dental conditions by a medical or dental practitioner in public or private practice;

   (b)   "chairperson" means the chairperson of the council appointed under section 4(1)(a);

   (c)   "council" means the Medical and Dental Practitioners Council established under section 2;

   (d)   "dentist" means a person who qualifies to practice dentistry under this Act;

   (e)   "drug" means any substance or preparation used or intended to be used for internal or external application to the human body either in treatment of disease or for improving physiological functions;

   (f)   "Gazette" means the Uganda Gazette and includes the Gazette Extraordinary;

   (g)   "health unit" includes a private hospital, clinic, nursing home, maternity centre or other specialised establishment as well as Government units of the same nature;

   (h)   "internship" means the prescribed period of supervised practice from the time a practitioner obtains the first degree to the time of satisfying the supervisor that the practitioner is competent;

   (i)   "minimum continuing education" means the attendance by a medical or dental practitioner of at least one medical or dental seminar, workshop or other training event in a year;

   (j)   "Minister" means the Minister responsible for health;

   (k)   "national" means a citizen of Uganda;

   (l)   "nursing home" means a health unit which is neither denominational nor Governmental, that is large or small, manned by at least a fully registered practitioner for the purpose of treating general or specialised patients as outpatients or inpatients or both;

   (m)   "practitioner" means a person registered under section 21 to practice medicine, surgery or dentistry;

   (n)   "private health unit" means a health unit not established by the central government or a local government;

   (o)   "private practice" means the practice of medicine or dentistry by a registered practitioner either alone or in partnership in a registered premises on his own account or that of the partnership;

   (p)   "provisional registration" means registration made under section 23;

   (q)   "public health unit" means a health unit established by the central government or a local council;

   (r)   "qualification" includes a medical or dental diploma, certificate, degree or other document or written authority granted or awarded by a university, corporation, college or other body acting under the authority of the government of any country;

   (s)   "register" means a register of medical or dental practitioners or specialists or of health units maintained by the registrar under section 19;

   (t)   "registrar" means the registrar of the council appointed under section 7;

   (u)   "registered dental surgery" means a premises duly registered by the council where private practice is carried out by a registered dentist;

   (v)   "registered medical clinic" means a premises duly registered by the council where private practice is carried out by a registered medical practitioner;

   (w)   "specialised establishment" means a premises, including laboratories and radiological units, duly registered by the council where private diagnostic or medical support services, including physiotherapy or other support services, are rendered;

   (x)   "specialist" means a practitioner who has trained full time for not less than three years in an institution or in different institutions under guidance of a consultant or consultants or senior professionals in the relevant field of medical or dental practice and has obtained a post graduate qualification;

   (y)   "specialist register" means the register of medical or dental specialists;

   (z)   "temporary registration" means registration made under section 17(4).

PART II
ESTABLISHMENT, FUNCTIONS AND COMPOSITION OF THE COUNCIL.

2.   Establishment of the council.

   (1) There is established a council to be known as the Medical and Dental Practitioners Council which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, subject to this Act, may do or suffer all other things and acts as bodies corporate may lawfully do or suffer.

   (2) The seal of the council shall be authenticated in the manner provided under the First Schedule.

3.   Functions of the council.

   The functions of the council shall be—

   (a)   to monitor and exercise general supervision and control over and maintenance of professional medical and dental educational standards, including continuing education;

   (b)   to promote the maintenance and enforcement of professional medical and dental ethics;

   (c)   to exercise general supervision of medical and dental practice at all levels;

   (d)   to exercise disciplinary control over medical and dental practitioners;

   (e)   to protect society from abuse of medical and dental care and research on human beings;

   (f)   to advise and make recommendations to the Government on matters relating to the medical and dental professions;

   (g)   to exercise any power and perform any duty authorised or required by this Act or any other law;

   (h)   to disseminate to the medical and dental practitioners and the public, ethics relating to doctor-patient rights and obligations; and

   (i)   for the purposes of discharging its functions under this Act, to perform any other function or act relating to medical or dental practice as the Minister may direct.

4.   Composition of the council.

   (1) The council shall consist of—

   (a)   the chairperson, who shall be a senior practitioner appointed by the Minister;

   (b)   the director general of health services;

   (c)   persons representing their respective bodies all of whom shall be appointed by the Minister on the recommendation of the respective bodies represented by them as follows—

      (i)   two representatives of the faculties of medicine of all the universities established by law in Uganda;

      (ii)   two representatives of the Uganda Medical Association;

      (iii)   one representative of the Uganda Dental Association;

      (iv)   one private practitioner representing the Uganda private medical and dental practitioners.

   (2) The registrar shall be the secretary to the council and as such shall participate in the deliberations of the council but shall have no right to vote.

   (3) A member of the council shall hold office for a term of three years from the date of appointment and shall be eligible for reappointment.

   (4) A member of the council may resign his or her office by writing under his or her hand addressed to the chairperson and in the case of the chairperson addressed to the Minister, or may be removed from office by the Minister for inability to perform the functions of his or her office.

   (5) If the office of a member of the council becomes vacant other than by effluxion of time, the Minister may appoint another person to hold the office, and the person appointed shall cease to hold office on the date on which the person in whose place he or she holds office would have ceased to hold office.

   (6) Where a member of the council is, for any reasonable cause, temporarily unable to perform the functions of his or her office, the Minister may appoint a suitable person to act as a member of the council in the place of the substantive member for the period of his or her inability.

5.   Meetings of the council.

   The meetings of the council shall be as is provided under the First Schedule to this Act, and the Minister may by statutory instrument amend the First Schedule.

PART III
MANAGEMENT AND STAFF OF THE COUNCIL.

6.   Secretariat.

   (1) The council shall have a secretariat to assist it in carrying out its functions.

   (2) The functions of the secretariat shall be—

   (a)   to implement the decisions of the council;

   (b)   to recommend proposals for the formulation of policies of the council and to implement those policies adopted by the council;

   (c)   to establish and maintain relationships with national, regional and international organisations, institutions and agencies as may be appropriate for facilitating the implementation of the policies and the carrying out of the functions of the council;

   (d)   to carry out other functions within the functions of the council as the council may direct.

7.   Registrar of the council.

   (1) There shall be a registrar of the council who shall be a public officer appointed by the Health Service Commission from among the registered practitioners.

   (2) The registrar shall be—

   (a)   the chief executive officer and head of the secretariat;

   (b)   the secretary of the council and its committees.

   (3) The office of registrar shall become vacant—

   (a)   if the registrar resigns his or her office by writing under his or her hand addressed to the Health Service Commission;

   (b)   if, in the opinion of the council, the registrar becomes incapable of performing the duties of his or her office and the council recommends to the Health Service Commission his or her removal from office; or

   (c)   if the registrar is found guilty of misconduct by the council, as a practitioner or in relation to his or her office as registrar.

8.   Functions of the registrar.

   (1) The functions of the registrar shall be—

   (a)   to keep and maintain, on behalf of the council, registers of medical and dental practitioners in the forms set out in the Second Schedule;

   (b)   to make necessary alterations and corrections in the registers in relation to any entry as may be directed by the council;

   (c)   to remove from the register—

      (i)   the name of any person ordered to be removed in accordance with this Act;

      (ii)   the name of a deceased practitioner;

      (iii)   any entry which might have been incorrectly or fraudulently made in the register;

      (iv)   with the consent of the person concerned, the name of a person who has ceased to practice;

   (d)   to reinstate any name removed from the register at the request of the person concerned and payment of the prescribed fee;

   (e)   on behalf of the council, to inspect and have full access to all medical and dental health units, acting in accordance with the provisions of this Act;

   (f)   to record or cause to be recorded all minutes of meetings of the council and its committees and to keep all records and documents of the council;

   (g)   to have the custody of the seal of the council;

   (h)   to carry on any other function that may be conferred on him or her by the council.

   (2) In addition to the functions under subsection (1), the registrar

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