Maldives Medical and Dental Council appreciate WHO Maldives, for sharing this document with us which is not an endorsed formal translation of the “Health Care Professional Act”. This unofficial document is only for the purpose of reference. Dhivehi version of the Act is deemed original.
Law number: 13/2015
Gazette: 13 May 2015(24 Rajab 1436h)
HEALTH CARE PROFESSION ACTCHAPTER 1PREAMBLE |
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Introduction and Title |
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(a) | This Act provides for guidelines on practicing of health care profession in the Maldives, establishes and determines the mandate and executive powers of Councils responsible for the monitoring and implementation of such health care profession and defines guidelines and standards incidental thereto. | |||
(b) | This Act shall be cited as the “Health Care Profession Act”. | |||||
Objectives of the Act |
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The main objectives of this Act are stated below. | ||||
(a) | Establish Councils to regulate professionals working in specific health professions and to define the powers and responsibilities of such Councils. | |||||
(b) | Determine the prerequisites necessary to work in a specific health profession. | |||||
(c) | Establish professional guidelines to be upheld at the place of work by health care professionals. | |||||
(d) | Establish effective and fair guidelines to investigate and take action against complaints concerning health care professionals. | |||||
Terminology |
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(a) | The fundamental concepts of the Act are stated in Chapter 2 of this Act. | |||
(b) | The meanings of general words and phrases in the Act are stated in the Section 99 of this Act. | |||||
CHAPTER 2INTERPRETATION OF CONCEPTS
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Basis of the Concepts |
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The concepts of this Act are stated in this Chapter with the intention of maintaining the basis of the Act and to encourage the achievement of the objectives of the Act to its’ fullest extent. Each Section of this Act shall be read in a manner that would not thwart these fundamental concepts. | ||||
Health care profession |
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“Health care profession” refers to professionals who are qualified by education and/or experience to provide health care and are practicing health care professionals. | ||||
Health care skilled professionals |
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“Health care skilled professionals” refers to professionals who are qualified by education and/or experience to provide health care and are practicing medical practitioners, dental practitioners, nurses, midwives, allied health professionals. | ||||
Medical practitioners |
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“Medical practitioners” refers to those educated in the field of Medicine, and are registered as medical practitioners at the Maldives Medical and Dental Council established under the Section 29 of this Act. | ||||
Dental practitioners |
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“Dental practitioners” refers to those educated in the field of Dentistry and are registered as dental practitioners at the Maldives Medical and Dental Council established under the Section 29 of this Act. | ||||
Nurses |
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“Nurses” refers to those educated in the field of Nursing and are registered as nurses at the Maldives Nursing and Midwifery Council established under the Section 35 of this Act. | ||||
Midwives |
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“Midwives” refers to those who are educated in the field of Midwifery and are registered as midwives at the Maldives Nursing and Midwifery Council established under the Section 35 of this Act. | ||||
Maldives Medical and Dental Council |
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“Maldives Medical and Dental Council” refers to, Maldives Medical and Dental Council established under the Section 29 of this Act. | ||||
Maldives Nursing and Midwifery Council |
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“Maldives Nursing and Midwifery Council” refers to, Maldives Nursing and Midwifery Council established under the Section 35 of this Act. | ||||
Maldives Allied Health Council |
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“Maldives Allied Health Council” refers to, Maldives Allied Health Council established under the Section 41 of this Act. | ||||
Allied health professionals |
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“Allied health professionals” refers to, health professions defined under the Section 45 of this Act with the exception of medical and dental practitioners, nurses and midwives. | ||||
Professionals of behavioral sciences |
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“Professionals of behavioral sciences” refers to professionals practicing in the field of behavioral science or study of human behavior. Among these professionals include mental health professionals, Therapists and Councilors. | ||||
Clinical and Physical therapists |
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“Clinical and Physical therapist” refers to professionals treating people whose capacity to lead a life as to that of an average person is limited due a physical or mental impairment. | ||||
Community health professionals |
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“Community health professionals” refers to professionals who provide health care at a community level and practice in public health sector. Among these professionals include community health officers and family health officers |
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Professionals of Clinical and health technology |
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“Professionals of Clinical and health technology” refers to professionals practicing in the field of clinical laboratory and are inclusive of those involved in blood banking which involves the field of chemistry, hematology, immunology, histology and microbiology. | ||||
Medical laboratory professional |
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“Medical laboratory professional” refers to professionals who practice in medical laboratories. | ||||
Pharmacy professional |
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“Pharmacy professional” refers to pharmacists or other professionals who are educated and/or have experience in the field of pharmaceuticals and work at health establishments and pharmacies in the production and dispensing of pharmaceuticals and disseminating of information on pharmaceuticals. | ||||
Dietitians and nutritionists |
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“Dietitians and nutritionists” refers to professionals who advises organizes and conducts programs on healthy diets for a healthy life. | ||||
CHAPTER 3 |
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PRACTICING IN THE HEALTH PROFESSION |
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Practicing healthcare profession |
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Medical and dental practitioners, nurses and midwives, allied health professionals working in health care profession sector of Maldives shall practice in accordance with this Act. | ||||
Practicing as a medical or a dental practitioner |
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To practice as a medical practitioner or dental practitioner in the Maldives, the practitioner shall, in accordance with this Act and Regulations made hereunder, register at Maldives Medical and Dental Council and shall practice under the license issued by the Council and in accordance with the conditions set forth in the license. | ||||
Practicing as a nurse or a midwife |
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To practice as a nurse or a midwife in the Maldives, the practitioner shall, in accordance with this Act and Regulations made hereunder, register at Maldives Nursing and Midwifery Council and shall practice under the license issued by the Council and in accordance with the conditions set forth in the license. | ||||
Practicing as allied health professionals |
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To practice as an allied health professional in the Maldives, the practitioner shall, in accordance with this Act and Regulations made hereunder, register at Maldives Allied Health Council and shall practice under the license issued by the Council and in accordance with the conditions set forth in the license. | ||||
Use of a professional title |
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A person shall only be entitled to use a professional title of a specific health sector if he fulfills the conditions set by the relevant Council established under this Act. | ||||
CHAPTER 4 |
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GENERAL GUDELINES ON WORKPLACE STANDARDS |
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General guidelines to be followed while providing services to citizens. |
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Persons working in health care profession, in their work environment and in providing care to the citizens, shall adopt the following guideline. | ||||
(a) | Provide care with honesty, faithfulness and care; | |||||
(b) | Provide care a manner that does not cause intentional or negligent harm; | |||||
(c) | Providing care without discrimination towards race, nationality, ethnicity , sex ,age, mental or physical disability, political or other personal opinions, financial condition, social origin or other status of the recipient; | |||||
(d) | Maintain the confidentiality of information received during the course of work. | |||||
(e) | Respect the religious, political, social, and cultural believes and differences of the recipient and act in a reasonable manner not contradicting such believes. | |||||
(f) | Make professional decisions in a manner that portrays the profession as reliable and trustworthy. | |||||
(g) | Providing care and service that focus on the needs of the person; | |||||
(h) | Ensure that the work environment is safe for recipient of the service and to sustain such safe working environment; | |||||
(i) | Conduct in a way that upholds professional and ethical standards and the rights of the recipient; | |||||
(j) | To provide information and spread awareness of the recipient and their family in order for them to lead a contempt, healthy lifestyle; | |||||
(k) | Participate in activities that promote the standards of the health care profession; | |||||
(l) | During the provision of healthcare, be transparent in providing information about regulations and guidelines that they should be aware of | |||||
Guidelines for particular field |
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In addition to the general guidelines mentioned under Section 27 of this Act, Councils established under this Act, shall determine, in their Regulations made hereunder, specific guidelines for the health care professions working in particular fields, in relation to their work environment and in providing care to the citizen. | ||||
CHAPTER 5 |
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MALDIVES MEDICAL AND DENTAL COUNCIL |
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Maldives Medical And Dental Council |
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(a) | Within 60 (sixty) days after the date of commencement of this Act, the President shall, in accordance with Section 30 of this Act, establish a council entitled “Maldives Medical and Dental Council”. | |||
(b) | Upon the establishment of the Maldives Medical and Dental Council in accordance with sub-section (a), the properties, facilities, State budget approved by the parliament, contractual or legal obligations, responsibilities, rights and benefits entitled to the Maldives Medical Council which existed prior to the commencement of this Act, shall be transferred to the newly established Council. | |||||
(c) | Following the establishment of the Maldives Medical and Dental Council in accordance to sub-section (a), and prior to the enactment of regulations by the council in accordance with section 98 (a) (1) of this Act, the administration of the Council shall be in accordance with the decisions of the Council. However, these decisions shall be publishing publicly. | |||||
Composition of Maldives Medical and Dental Council |
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(a) | Maldives Medical and Dental Council shall consist of 9 (nine) members, appointed from the following fields. | |||
1) | 3 (three) medical practitioners appointed from medical practitioners practicing in the Maldives; | |||||
2) | A dental practitioner appointed from dental practitioners practicing in the Maldives; | |||||
3) | A person appointed by the Minister; | |||||
4) | A health care skilled professionals who is neither a medical practitioner nor a dental practitioner; | |||||
5) | A trainer trained in the field of medical or dental profession, who is working in a health care profession training center with a minimum of 5 (five) years of experience in training; | |||||
6) | A practicing lawyer with a minimum of 5 (five) years of experience in Maldives; | |||||
7) | A member of a civil society working in health profession. | |||||
(b) | For the purpose of this Section: | |||||
1) | “Medical practitioner practicing in Maldives” refers to, medical practitioners who were registered prior to the commencement of this Act and is inclusive of medical practitioners newly registered in accordance with this Act and the Regulation made hereunder. | |||||
2) | “Dental practitioner practicing in Maldives” refers to, dental practitioners who were registered prior the commencement of this Act and is inclusive of dental practitioners newly registered in accordance with this Act and the Regulation made hereunder. | |||||
Qualifications of members |
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(a) | One member amongst the medical practitioners specified for Maldives Medical and Dental Council in Section 30 (a) 1 shall be a Specialist. And one member amongst them shall have 1 (one) year experience in practicing in Atolls. | |||
(b) | The member appointed for Maldives Medical and Dental Council by the Minister under Section 30 (a) (3) of this Act shall be a person who is working or has worked as a medical or dental practitioner and has exceptional experience in the health profession. | |||||
(c) | In addition to meeting the required qualifications mentioned under sub-section (a) and (b), each member appointed for Maldives Medical and Dental Council shall have the general characteristics stated under Section 74 of this Act. | |||||
Selecting members for the Maldives Medical and Dental Council |
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(a) | All administrative work towards the appointment of members mentioned in Section 30 (a) (1) and (2) shall be carried out by the Ministry. The Ministry shall make a public announcement for the mentioned positions and the applicant to receive the highest mark shall be selected for the position. | |||
(b) | The Ministry shall make a public announcement for the appointment of members for the fields mentioned from Section 30 (a) (4) to (7) and the selection for the fields shall be made by a selection committee as mentioned under sub-section (c) of this Section. | |||||
(c) | A Selection Committee appointed by the Ministry, responsible for the appointment of members mentioned in sub-section (b) of this section shall consist of the following members. | |||||
1) | 1 (one) member appointed by the Ministry. | |||||
2) | 1 (one) member appointed by the Civil Service Commission | |||||
3) | 1 (one) member appointed by a Civil Association. | |||||
(d) | To select members as stipulated under subsection (c) of this Section, for positions in section 30 (a) (4) to (7) of this Act, marking criteria to be used by the Selection Committee shall be publicly announced in advance. | |||||
(e) | The members selected to the Council in accordance with this section shall be appointed to the Council by the President of Maldives. The appointment process shall be completed prior to the duration set under sub-section 29 (a) of this Act. | |||||
Powers and responsibilities of Maldives Medical and Dental Council |
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The powers and responsibilities of Maldives Medical and Dental Council are stated below. | ||||
(a) | Establish the qualifications for registration and licensing medical practitioners or dental practitioners in Maldives; | |||||
(b) | Establish standards on the acceptance of educational certificates of medical practitioners or dental practitioners allowed to practice in Maldives; | |||||
(c) | Recognition of educational and training institutions by the Maldives Medical and Dental Council for the purpose of issuing permits to medical practitioners or dental practitioners to practice in Maldives; | |||||
(d) | Determining educational and training health care institutes in Maldives that are recognized by the Maldives Medical and Dental Council, prescribe the qualifications of professional trainers working in the recognized institutions and accreditation of the courses conducted by the institution; | |||||
(e) | Registration and annulment of the registration of medical practitioners and dental practitioners; | |||||
(f) | Issuance, renewal and cancellation of licenses’ for medical practitioners and dental practitioners; | |||||
(g) | Formulate code of conduct and prescribing professional and ethical standards to be upheld by medical practitioners and dental practitioners; | |||||
(h) | Determine the guidelines for the performance appraisal of medical practitioners and dental practitioners and to identify review and enforce methods to improve the quality of their work, and to assess them regularly. | |||||
(i) | Investigate and take action against medical practitioners and dental practitioner for acts of malpractices that contradicts the established professional and ethical standards. | |||||
(j) | Determine a fee structure for registration, issuance of licenses, pre-license exams and any other services provided by the Council. | |||||
(k) | Establish committees and boards, in accordance with this Act and Regulation made hereunder, aimed at achieving the objectives of this Act | |||||
(l) | Improve the standards of practice of medical practitioners and dental practitioners by introducing renewing and amending guidelines and ensuring that guidelines concerning of medical practitioners and dental practitioners adhered to at Maldives are on par with International Best Practice Standards | |||||
(m) | Formulate and enforce Regulation as per this Act. | |||||
(n) | Fulfill responsibilities undertaken by the Council under this Act or any other Act | |||||
Electing the President and Vice President of Maldives Medical and Dental Council |
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(a) | A President and Vice-President of Maldives Medical and Dental Council shall be elected by the Council from amongst the members of the council. | |||
(b) | The elected President and Vice-President of Maldives Medical and Dental Council shall be a member appointed to the Council from the medical practitioners or dental practitioners of the Council. | |||||
(c) | The elected President and Vice President of Maldives Medical and Dental Council shall not be a member or a senior staff of a Council or Board of a health service established under this Act or any other Act. | |||||
CHAPTER 6 |
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MALDIVES NURSING AND MIDWIFERY COUNCIL |
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Maldives Nursing and Midwifery Council |
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(a) | Within 60 (sixty) days after the date of commencement of this Act, the President shall, in accordance with Section 36 of this Act, establish a council entitled “Maldives Nursing and Midwifery Council” | |||
(b) | Upon the establishment of the Maldives Nursing and Midwifery Council in accordance with sub-section (a), the properties, facilities, State budget approved by the parliament, contractual or legal obligations, responsibilities, rights and benefits entitled to the Maldives Nursing Council which existed prior to the commencement of this Act shall be transferred to the newly established Council. | |||||
(c) | Following the establishment of the Maldives Nursing and Midwifery Council in accordance with sub-section (a), and prior to the enactment of Regulations by the Council in accordance with section 98 (a) (1) of this Act, the administration of the Council shall be in accordance with the decisions of the Council. However, these decisions shall be publishing publicly. | |||||
Composition of Maldives Nursing and Midwifery Council |
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(a) | Maldives Nursing and Midwifery Council consists of 9 members appointed from the following fields | |||
1) | 3 (three) registered nurses appointed from nurses practicing in the Maldives; | |||||
2) | a midwives appointed from registered midwives practicing in the Maldives; | |||||
3) | A member appointed by minister. | |||||
4) | A health care skilled professional who is neither a nurse nor a midwife. | |||||
5) | A trainer with a minimum of 5 (five) years of experience of training currently working at a training facility training nurses or midwives. | |||||
6) | A practicing lawyer with a of minimum 5 (five) years of experience in Maldives | |||||
7) | A member of a civil society working in the health profession. | |||||
(b) | For the purpose of this section: | |||||
1) | “Nurses practicing in Maldives” refers to, nurses who were registered prior to the commencement of this Act and is inclusive of nurses newly registered in accordance with this Act and regulations made hereunder. | |||||
2) | “Midwives practicing in Maldives” refers to, midwives who were registered prior to the commencement of this Act and is inclusive of midwives newly registered in accordance with this Act and regulations made hereunder. | |||||
Qualification of members
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(a) | 1(one) member amongst the 3 (three) members specified for Maldives Midwifery and Dental Council in Section 36 (a) 1 shall have at least 1 (one) year experience practicing in Atolls. | |||
(b) | The member appointed for Maldives Nursing and Midwifery by the Minister under Section 36 (a) (3) of this Act shall be a registered nurse or midwife who has worked for a minimum of 5 (five) years in the Maldives and has exceptional experience in the field. | |||||
(c) | In addition to meeting the required qualifications mentioned under sub-section (a) and (b), each member appointed for Maldives Nursing and Midwifery Council shall have the general characteristics stated under Section 74 of this Act | |||||
Selection of members for the Maldives Nursing and Midwifery Council |
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(a) | All administrative work towards the appointment of members mentioned in Section 36 (a) (1) and (2) shall be carried out by the Ministry | |||
(b) | Members for the positions mentioned under Section 36 (a) (1) and (2) of this Section shall be appointed on merit basis amongst the applicants to a public announcement by the Ministry | |||||
(c) | Members for the positions mentioned under Section 36 (a) (4) t0 (7) of this section shall be appointed by the Committee mentioned in subsection (d) of this clause amongst the applicants to a public announcement by the Ministry | |||||
(d) | A Selection Committee appointed by the Ministry, responsible for the appointment of members under sub-section (c) of this section shall consist of the following members. | |||||
1) | 1 (one) member appointed by the Ministry. | |||||
2) | 1 (one) member appointed by the Civil Service Commission | |||||
3) | 1 (one) member appointed by a Civil Society. | |||||
(e) | To select members as stipulated under subsection (c) of this Section, for positions mentioned in Section 30 (a) (4) to (7) of this Act, marking criteria to be used by the Selection Committee shall be publicly announced in advance. | |||||
(f) | The members selected to the Council in accordance with this section shall be appointed by the President of Maldives. The appointment process shall be completed prior to the duration set under Section 35 (a) of this Act. | |||||
Responsibilities and powers of the Maldives Nursing and Midwifery Council. |
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The powers and responsibilities of Maldives Nursery and Midwifery Council are stated below. | ||||
(a) | Establish the qualifications for registration and licensing of nurses or midwives in Maldives; | |||||
(b) | Establish standards on the acceptance of educational certificates of nurses of midwives allowed to practice in Maldives; | |||||
(c) | Recognition of educational and training institutions by the Maldives Nursing and Midwifery Council for the purpose of issuing permits to a nurse or a midwife to practice in Maldives; | |||||
(d) | Determining educational and training health care institutes in Maldives that are recognized by the Maldives Nursing and Midwifery Council, prescribe the qualifications of professional trainers working in the recognized institutions and accreditation of the courses conducted by the institution | |||||
(e) | Registration and annulment of the registration of nurses and midwives | |||||
(f) | Issuance, renewal and cancellation of licenses’ for nurses and midwives. | |||||
(g) | Formulating code of conduct and prescribing professional and ethical standards to be upheld by nurses and midwife. | |||||
(h) | To determine the guidelines for the appraisal of nurses and midwife, and to identify, review and enforce methods to improve the quality of their work, and to assess them regularly. | |||||
(i) | Investigate and take action against nurses and midwives for acts of malpractices that contradicts the established professional and ethical standards. | |||||
(j) | Determine a fee structure for registration, issuance of licenses, pre-license exams and any other services provided by the Council. | |||||
(k) | Establish committees and boards, in accordance with this Act and Regulation made hereunder, aimed at achieving the objectives of this Act | |||||
(l) | Improve the standards of practice of nurses or midwives by introducing renewing and amending guidelines and ensuring that guidelines concerning nurses or midwives adhered to at Maldives are on par International Best Practice Standards | |||||
(m) | Formulate and enforce regulation as per this Act. | |||||
(n) | Fulfill responsibilities undertaken by the Council under this Act or any other Act | |||||
Election of president and vice president of Maldives Nursing and Midwifery Council. |
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(a) | A President and Vice-President of Maldives Nursing and Midwifery Council shall be elected by the Council from amongst the members of the council. | |||
(b) | The elected President and Vice-President of Maldives Nursing and Midwifery Council shall be a member appointed from the nurses or midwives of the Council. | |||||
(c) | The elected President and Vice President of Maldives Nursing and Midwifery Council shall not be a member or a senior staff of a Council or Board of a health service established under this Act or any other Act | |||||
CHAPTER SEVEN |
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MALDIVES ALLIED HEALTH COUNCIL |
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Maldives Allied Health Council. |
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(a) | Within 60 (sixty) days after the date of commencement of this Act, the President shall, in accordance with Section 42 of this Act, establish a council entitled “Maldives Allied Health Council”. | |||
(b) | Upon the establishment of the Maldives Allied Health Council in accordance with sub-section (a), the properties, facilities, State budget approved by the parliament, contractual or legal obligations, responsibilities, rights and benefits entitled to the Maldives Allied Health Council which existed at the commencement of this Act, shall be transferred to the newly established Council. | |||||
(c) | Following the establishment of the Maldives Allied Health Council in accordance to sub-section (a), and prior to the enactment of regulations by the council in accordance with section 98 (a) (1) of this Act, the administration of the Council shall be in accordance with the decisions of the Council. However, these decisions shall be published publicly. | |||||
Composition of Maldives Allied Health Council. |
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Maldives Allied Health Council shall consist of 11 (eleven) members, appointed from the following fields. | ||||
(a) | 6 (six) allied health professionals appointed from practicing allied health professionals in the Maldives; | |||||
(b) | A person appointed by the Minister | |||||
(c) | A trainer, who is working in an allied health professionals’ training center, with a minimum of 5 (five) years of experience in training. | |||||
(d) | A practicing lawyer with a minimum of 5 (five) years of experience in Maldives | |||||
(e) | A skilled health professional who is not from the allied health profession. | |||||
(f) | Appointed member from a non-government organization who is working in the health sector. | |||||
Qualification of members
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(a) | The member appointed to the Council by the Minister under Section 42 (b) of this Act, shall be working or has worked as an allied health professional in Maldives and has exceptional experience in the field and shall not hold a political position | |||
(b) | In addition to meeting the required qualifications mentioned under sub-section (a) of this Section, each member appointed for Maldives Allied Health Council shall have the general characteristics stated under Section 74 of this Act | |||||
Selection of Members to Maldives Allied Health Council. |
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(a) | The Ministry shall do all the administrative work to select 6 (Six) members stipulated under section 42 (a) of this Act. | |||
(b) | For the purpose of subsection (a) of this Section, the Ministry shall publicly announce in advance, the categories of Allied health professionals under Section 45 (b) of the Act being selected as the 6 (Six) members stipulated under Section 42 (a) of the Act. The Ministry in deciding the categories shall ensure widest representation of different categories stipulated under Section 45 (a) in the Council. | |||||
(c) | Members for the positions mentioned under subsection (c) to (f) of Section 42 of this Act shall be selected, by the selection committee stipulated in subsection (d) of this Section, from the applicants to a public announcement by the Ministry. | |||||
(d) | A Selection Committee appointed by the Ministry, responsible for the selection of members mentioned in sub-section (c) of this section shall consist of the following members | |||||
1) | 1 (one) member appointed by the Ministry | |||||
2) | 1 (one) member appointed by the Civil Service Commission | |||||
3) | 1 (one) member appointed by a Civil Society.. | |||||
(e) | To select members as stipulated under subsection (c) of this Section, for positions under subsection (c) to (f) of Section 42 of this Act, marking criteria to be used by the selection committee shall be publicly announced in advance. | |||||
(f) | The members selected to the Council in accordance with this section shall be appointed by the President of Maldives. | |||||
Allied Health Professionals. |
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(a) | To practice in the Maldives as a an allied health professional, the practitioner shall, in accordance with this Act and Regulations made hereunder, register at Maldives Allied Health Council and shall practice under the license issued by the Council and in accordance with the conditions set forth in the license. | |||
(b) | For the purpose of this chapter, the categories of allied health professionals are as follows. | |||||
1) | Professionals of Behavioral sciences; | |||||
2) | Clinical and physical therapists; | |||||
3) | Community health professionals;. | |||||
4) | Professionals of Clinical and health technology; | |||||
5) | Professionals of Medical laboratory; | |||||
6) | Professionals of Traditional, alternative and complementary medicine; | |||||
7) | Pharmacy professionals; | |||||
8) | Dieticians and nutritionists; | |||||
9) | Additional professionals categorized as allied health professional under the Regulation made hereunder. | |||||
Responsibilities and powers of Maldives Allied Health Council. |
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The responsibilities and powers of Maldives Allied Health Council are as follow. | ||||
(a) | Establish the qualifications for registration and licensing of allied health professionals. | |||||
(b) | Establish standards on the acceptance of educational certificates of allied health professionals allowed to practice in Maldives | |||||
(c) | Recognition of educational and training institutions for the purpose of issuing permits to allied health professionals to practice in Maldives; | |||||
(d) | Determining educational and training health care institutes in Maldives that are recognized by the Maldives Allied Health Council, prescribe the qualifications of professional trainers working in the recognized institutions and accreditation of the courses conducted by the institution; | |||||
(e) | Registration and annulment of the registration of allied health professionals; | |||||
(f) | Issuance, renewal and cancellation of allied health professionals’ licenses; | |||||
(g) | Formulating code of conduct and prescribing professional and ethical standards to be upheld by allied health professionals. | |||||
(h) | Determine the guidelines for the performance appraisal of allied health professionals, and to identify, review and enforce methods to improve the quality of their work, and to assess them regularly. | |||||
(i) | Investigate and take action against allied health professionals for acts of malpractices that contradicts the established professional and ethical standards | |||||
(j) | Determine a fee structure for registration, issuance of licenses, pre-license exams and any other services provided by the Council. | |||||
(k) | Establish committees and boards, in accordance with this Act and Regulation made hereunder, aimed at achieving the objectives of this Act. | |||||
(l) | Improve the standards of practice of allied health professionals by introducing renewing and amending guidelines and ensuring that guidelines concerning allied health professionals adhered to at Maldives are at par International Best Practice Standards. | |||||
(m) | Formulate and enforce regulation as per this Act. | |||||
(n) | Fulfill responsibilities undertaken by the Council under this Act or any other Act | |||||
Election of the President and Vice-President of Maldives Allied Health Council. |
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(a) | A President and Vice-President of Maldives Allied Health Council shall be elected by the Council from amongst the members of the council. | |||
(b) | The elected President and Vice-President of Maldives Allied Health Council shall be a member appointed to the Council from the allied health professionals. | |||||
(c) | The elected President and Vice President of Maldives Allied Health Council shall not be a member or a senior staff of a Council or Board of a health service established under this Act or any other Act | |||||
Administration of Complementary Medicine by Maldives Allied Health Council. |
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(a) | After the commencement this Act, the administration of complementary medicine shall be handled by the Maldives Allied Health Council in accordance with the Regulation made hereunder. | |||
(b) | For the purpose of subsection (a) of this section, a Board entitled “ Maldives Board of Complimentary Medicine” shall be established in accordance with the Regulations made hereunder, within 180 ( one hundred and eighty ) days of the establishment of Maldives Allied Health Council as stated in Section 41 of this Act. | |||||
(c) | Notwithstanding subsection (a) and (b), this section shall be enforced until an Act regarding Complimentary Medicine is passed by the Parliament and enforced. Upon the enactment of such an Act, this sector shall be governed in accordance with that Act. | |||||
CHAPTER EIGHT |
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REGISTRATION AND ISSUANCE OF LISENCE |
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Registration |
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(a) | Each healthcare profession shall be registered with the appropriate Council | |||
(b) | Applications for registration under subsection (a) of this Section shall be made to the registrar of the relevant Council. In the application for registration, applicants shall submit to the Registrar the documents and information required by the Regulation made hereunder. | |||||
(c) | The Registrar of relevant Councils shall scrutinize the documents submitted by any person applying for registration under subsection (a) of this section, and should the requirements under this Act and Regulations be fulfilled by the applicant, register the applicant and issue a Certificate of registration. | |||||
(d) | The Registrar shall enter information on healthcare professions registered under this Section to the registry maintained by the Council in accordance with this Act. | |||||
(e) | If the application submitted for registration at a Council as per subsection (a) of this section, lacks information specified in this Act and Regulation made hereunder, the Registrar have the discretion to inform the applicant to provide the details or to reject the application. | |||||
(f) | Each Council shall state in the Regulation made hereunder guidelines to be followed during the process of registration of relevant health care professions at the Council. | |||||
(g) | Unless specified otherwise in this Act, a health care profession cannot be deemed permitted to practice their respective health profession upon registration at the relevant Council. Even when registered, healthcare profession can practice in their respective field only after acquiring license to practice from the Council | |||||
Maintaining Registry |
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(a) | Registry containing information of practicing health care professions shall be maintained at respective Councils. Henceforth, each Council shall constitute and maintain a registry in accordance with the following | |||
1) | Registry of Medical and Dental Practitioners to be maintained by Maldives Medical and Dental council; | |||||
2) | Registry of Nurses and Midwives to be maintained by Maldives Nursing and Midwifery Council; | |||||
3) | Registry of Allied Health Professionals to be maintained by Maldives Allied Health Council. | |||||
(b) | The Registry stated in section (a) of this section shall be maintained by the Registrar of each Council. | |||||
(c) | The Regulation made hereunder by the Council shall state the information to be maintained in the registry mentioned in section (a). The contents of Registry shall be made available to the public. | |||||
(d) | This section does not limit Councils from maintaining separate Registry for specialties or/and sub specialties of the relevant field. | |||||
Acquiring licenses |
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(a) | Prior to the commencement of practice in their respective field, Healthcare professions shall acquire licenses from the relevant Council in accordance with the Regulation made hereunder. | |||
(b) | Applications for licensing under subsection (a) of this section shall be made to the Registrar of the relevant Council. In applying for license, applicants shall submit to the Registrar the documents and information required by the Regulation made hereunder. | |||||
(c) | The Registrar of relevant Councils shall scrutinize the documents submitted by any person applying for license under subsection (a) of this section, and should the requirements under this Act and Regulations be fulfilled by the applicant, issue the license. | |||||
(d) | Each Council shall state the period for which the License is issued in Regulations made hereunder. | |||||
(e) | The Regulation made hereunder by Councils shall state license application procedures, details of the required information and a sample of the application form. | |||||
Examination conducted prior to the issuance of license. |
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A Council may examine health care profession relevant to that Council as a prerequisite for issuance of license under section 51 of this Act. However, a Council shall conduct such examinations in accordance to code of examination stipulated in Regulations made hereunder by the Council. | ||||
Renewal of license
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(a) | Application for renewal of licenses issued under Section (51) of this Act shall be made to the relevant Council 30 (thirty) days prior to expiration date. | |||
(b) | The Registrar of relevant Councils shall scrutinize the documents submitted by any person applying for renewal of license under subsection (a) of this section, and should the requirements under this Act and Regulations be fulfilled by the applicant, renew the license. | |||||
(c) | Should applications for renewal of Licenses, fulfill requirements stated in sub section (b) of this act and the application was submitted within the time period determined under this Act and regulations made hereunder, the Registrar shall renew the license prior to the expiration date of the existing license. | |||||
(d) | The regulation made hereunder by Councils shall state license renewal application procedures, details of the required information and a sample of the application form. | |||||
License fee
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Councils stated in this Act may charge a fee for the issuance and renewal of License as determined by the regulation made by the Council. If such fees are to be charged, a schedule prescribing such fees shall be included in the Regulation made hereunder. | ||||
Refusal of License Issuance |
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(a) | Councils shall not issue or renew license of any person in the following circumstances. | |||
1) | The applicant does not fulfill a prerequisite determined by the Council; | |||||
2) | Council notices submission of false information for registration and obtaining license; | |||||
3) | Failure to comply with the guidelines set by the Council in applying to register and obtain license; | |||||
4) | Failure to comply with this Act and Regulation made hereunder by the applicant of issuance or renewal of license. | |||||
Suspension and annulment of the license |
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(a) | Should the council notice that a license issued was acquired thorough false information they shall annul the license. | |||
(b) | Should the Council decide that a health care skilled professional does not possess skills and capabilities determined as requirements by a relevant Council; the Council has the discretion to temporarily suspend or nullify the license. | |||||
(c) | The Council shall specify in the Regulations made hereunder, circumstances in which license may be suspended or nullified in addition to those mentioned in section (a) and (b) | |||||
Collection of fees
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A Council may charge a separate fee for the following services. If such fees are to be charged, a schedule prescribing such fees shall be included in Regulation made hereunder. | ||||
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(a) | Registration at the Council | ||||
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(b) | Issuance and renewal of license | ||||
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(c) | For the examination conducted prior to the issuance of license | ||||
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(d) | Other miscellaneous services provided by Councils | ||||
Transitional matters in relation to registration and licensing |
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(a) | All health care professions shall register and acquire license from the relevant Council within 6 (six) months from the commencement date of this Act. | |||
(b) | Health care profession who were registered and/or acquired License prior to enactment of this Act shall apply for registration and licensing under this Act within the period stated in sub section (a) of this section. | |||||
(c) | The Council shall make all necessary arrangements for the registration of skilled health care professionals under subsection (a) of this section. | |||||
(d) | The Council shall issue license to applicants under sub section (a) of this section within 1 (one) month of application should the applicant comply with the requirements stated in the Act. | |||||
CHAPTER 9 |
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GENERAL CLAUSES REGARDING COUNCILS |
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PART 1: COUNCIL MEETINGS AND INVESTIGATION OF COMPLAINTS |
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Council meetings |
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(a) | A majority of the members of the Council shall constitute a quorum at a Council meetings | |||
(b) | The Council meetings shall be chaired by the President of the Council. In the absence of the President, Vice-President of the council shall preside over sittings of the meetings. If neither is present, a person to preside over the sitting shall be elected by the members present at that meeting. | |||||
(c) | As a minimum requirement, 1 (one) council shall be held every month. | |||||
(d) | Upon a written request to hold a meeting by at least 50 percent of members, the President should convene a meeting to be held within 5 (five) days of the request. The request must clearly state the purpose of the meeting. | |||||
(e) | The registrar may in writing request the President of the Council to expedite a case. The president should convene a meeting within 5 (five) days of the request and decide on the matter requested by the Registrar. | |||||
(f) | Registrar should keep complete and proper minutes of the Council meetings. | |||||
Decisions of the council
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(a) | Unless otherwise specified in this Act, only matters passed by the Majority of the Council Members shall be deemed as decisions of the Council. | |||
(b) | Decisions of the Council shall contain the signature of the President or the Registrar of the Council. No document shall be affixed with the Council seal without the written permission of the President or registrar, | |||||
Lodging Complaints |
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(a) | Any person can lodge a complaint to a Council established under this Act, on matters concerning the field related to the Council or against a health care profession under the jurisdiction of the Council. | |||
(b) | Respective councils must establish mechanisms for Medical Practitioners, Dental practitioners, Nurses, Midwife, Allied Health professionals to lodge complaints independently without fear and prejudice regarding matters faced in the field. The Council shall establish rules on how to hear, investigate and address the complaints. | |||||
Conducting Investigations |
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(a) | Each Council have power to inquire into, investigate complaints, question parties involved in the case and take necessary action. | |||
(b) | Should the relevant Council have reasonable grounds to believe existence of questionable ethical issues of a health care skilled professional, the Council has the discretion to conduct investigation against such a professional even if a complaint is not lodged at the Council with regard to the matter. | |||||
Limitation Period for complaints |
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(a) | Unless otherwise specified in this Act, a complaint against Health care skilled professionals may be lodged at the relevant Council if 12 (twelve) have not passed from the date of the grievance. | |||
(b) | Notwithstanding anything in subsection (a) of this section, this Act does not limit investigation of a complaint if it has been passed by 2/3 majority of the Council that depending on the nature and severity the complaint shall be investigated. | |||||
How to deal with the complaints |
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The complaints lodged in the Council shall be investigated by the Council or by Investigation Committee constituted by the Council. Investigations must be conducted in the following manner | ||||
(a) | After a complaint is lodged, the Council shall determine on whether the complaint is to be investigated by the Council or by Investigation Committee constituted in accordance with section 65 of this Act. | |||||
(b) | If the complaint is to be investigated by an Investigation Committee, after the case is handed over to the Committee and the investigation concluded, the Investigation Committee shall submit to the Council their findings with recommendations. | |||||
(c) | Considering the Committee’s findings the Council shall decide on the case | |||||
(d) | If the complaint is to be investigated by the Council, the Council shall investigate and decide on the case. | |||||
(e) | Compile a report of the case consisting findings of the Committee and/ or Council and the decision of the Council. | |||||
Constituting Investigation Committee |
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(a) | Each council, in accordance with the Regulation made hereunder, may constitute an Investigation Committee to investigate the complaints lodged. | |||
(b) | The Act does not limit constituting the investigation committee stated under subsection (a) on a permanent or temporary basis. | |||||
(c) | Council may appoint a person other than a member of council to the investigation committee. | |||||
Constituting Expert Panel |
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(a) | Each council, in accordance with the Regulation made hereunder, may constitute an Expert Panel to investigate a particular type of case from the complaints lodged. | |||
(b) | The Regulation made hereunder shall state the procedure for constituting an Expert Panel as mentioned in sub section (a), and shall include the procedure for complaints, investigation and any other matter related to such panels. | |||||
Power to inquire and investigate |
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(a) | The Council or Investigation Committee possesses the following powers regarding investigations it conducts. | |||
1) | Summon the respondent(s) and procure their statements. | |||||
2) | Summon persons related to an ongoing investigation and procure their statements. | |||||
3) | Procure and examine documents believed by the Council to be relevant to an ongoing investigation. | |||||
4) | Request for specific information in writing from parties that the Council believes are capable of assisting the Council in an ongoing investigation. | |||||
5) | Depending on the severity of the case, temporarily suspend the license of a person until the end of the investigation. If the investigation is conducted by a Committee submits to the Council to suspend the License. | |||||
6) | In addition to the above stipulated authorities, Council has the authority to use any power prescribed under this Act and the Regulation made hereunder to fulfill the responsibilities of the Council. | |||||
(b) | If the Council believes that information acquired in a case or during the investigation of a case will create disorder in the public, the council has discretionary power to prohibit publication of such information. | |||||
(c) | Unless otherwise specified in the Regulation made hereunder, it is deemed that expert panels have powers as stipulated under subsection (a) of this section in investigation conducted by them. | |||||
Right to be heard |
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Council or investigation committee should come to a decision regarding a case only after giving an opportunity to the respondent to defend himself and to submit the respondent’s account of the matter. | ||||
General Rules for Investigation |
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Complaints lodged in the councils must be investigated independently and impartially by the Council or Investigation Committee. Henceforth, the Council and Investigation Committee shall ensure that the following requirements are fulfilled in each investigation. | ||||
(a) | Provide the Respondent with detailed information about the case and an opportunity to defend. | |||||
(b) | Obtaining all information and documentation regarding the case | |||||
(c) | Obtaining information from the workplace of the Respondent. | |||||
(d) | Obtain any information required from the executive and state authorities. | |||||
Action to be taken upon closing an Inquiry
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(a) | When investigation committee submits the conclusion of the investigation to the Council, the Council may proceed with the matter in any of the following manner. | |||
1) | Decide on the case supporting the findings of the Committee: or | |||||
2) | If the Council believes that the facts of the case do not support the findings of the Committee, the Council may give its own decision on the matter: or | |||||
3) | If there are procedural defects in reaching the decision of the Committee,, send for a review by the same Committee; or | |||||
4) | If there are procedural defects in reaching the decision of the Committee constitute a new committee to investigate the case. | |||||
(b) | A decision as in subsection 4 of this Section shall will require the vote of 2/3 of the Council Members.. | |||||
Report of the investigation
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(a) | Council shall compile a report setting the findings of the Council even if the investigation was carried by the whole Council or if the investigation was carried by a committee. | |||
(b) | The report stated in subsection (a) of this Section shall contain the following completed parts. | |||||
1) | Details on the Complaint | |||||
2) | Statements of parties involved in the case | |||||
3) | Evidences considered by the Council | |||||
4) | Facts of the case as noted by the Council | |||||
5) | Findings of the Council | |||||
6) | Decision of the Council | |||||
(c) | Upon completion of a case, the registrar of the Council shall safely maintain the reports together with recordings of the investigation, statements and all documentation regarding the case. | |||||
(d) | A copy of the report stated under subsection (a) of this section shall be given to the complainant and the respondant. | |||||
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Detailed investigation procedures shall be stated in the Regulation made hereunder. | |||||
Appealing decisions of the council
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Any person who believes, that the Councils decision either to take action or not to take against a person, after investigating a complaint submitted under this Act, violates his rights or any person who is aggrieved by a decision of the Council has the right to submit the case to a court of law within 60 (sixty) days effective from the date of decision. | ||||
PART 2: GENERAL CLAUSES | ||||||
Characteristics of the members
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(a) | The members of each Council established under this Act, shall have the following general characteristics. | |||
1) | Must be a citizen of the Maldives. | |||||
2) | Must have academic qualifications and capabilities and professional ethics sufficient for the fulfillment of the responsibilities and obligations undertaken as a Council member | |||||
3) | Must not have been convicted of anoffence for which a hadd is prescribed under Islamic shariah. | |||||
4) | Must not have been convicted of any criminal offence. | |||||
5) | If a health care skilled professional, shall have a minimum of 5 (five) years of experience from that field. | |||||
6) | If a health care skilled professional, has not been found guilty of violating professional ethical standard of the relevant field. | |||||
7) | Must not have been convicted of an offence with regard to an act committed or omitted while practicing as a health professional. | |||||
8) | Must not be the manager or a board member or hold any other position at a health establishment. | |||||
9) | Must not hold shares of any health establishment either personally or through nominee shareholders or through shareholding companies. | |||||
10) | Must not be a person holding an elected position under any Act. | |||||
11) | Must not be a person holding any political post. | |||||
(b) | Each Council established under this Act shall consist of at least 1 (one) female and 1 (one) male member. | |||||
(c) | A family member of a member of a Council established under this Act shall not be at a senior post at that council. | |||||
(d) | For the purpose of subsection (c) of this Section, family members refers to wife, husband, mother, father, children, siblings and half siblings. | |||||
Responsibilities of the Presidents of the Councils.
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The President of each Council established under this Act, is the head of that Council responsible for the management of affairs related to the Council. Responsibility the of the President of the Council includes; | ||||
1) | Delegate work to Council members and staff to ensure the fulfillment of responsibilities stipulated under this Act | |||||
2) | Chairing the meetings of the Council. | |||||
3) | Administration and maintenance of Council affairs | |||||
Responsibilities of the Vice-presidents of the Councils.
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Where the Council President is incapacitated or unable to perform his duties or his position is vacant by any means, the Vice-President of the Council shall temporarily perform the responsibilities of the President. Furthermore, the Vice-President of the Council shall perform other responsibilities assigned to him by the President of the Council. | ||||
Duties of the members |
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(a) | Following are the responsibilities of the Members of the Councils established under this Act. | |||
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1) | Attend council meetings unless excused for defined reasons; | ||||
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2) | Carry out any other duties as directed by the President; | ||||
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3) | Make site visits, prepare reports, conduct surveys, investigate and question persons regarding complaints referred to the council; | ||||
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4) | Maintain disciplinary and ethical standards while engaging socially; | ||||
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5) | Carry out other duties and responsibilities as may be required under this Act, or any other Act or Regulations made hereunder. | ||||
(b) | Members must serve their respective councils in a professional, just and fair manner in relation to their respective expertise and experience. In addition, they must carry out their responsibilities in an independent manner free from influence by any person or institution in accordance with the laws and regulations of the Maldives. | |||||
(c) | A member directly or indirectly involved any interest in any matter under discussion by the Council or in any proceedings before the Council, shall not take part in any such discussion, proceedings, or in the decision making of that matter. And once a member is aware of any such matter it must be disclosed to the President of the Council and such a member must refrain from participating the investigation or decision making process concerning that matter. | |||||
(d) | Should the President of the council encounters matters of conflict of interest as stated in sub section (c) of this Section, he must disclose this to the Vice President of the council the conflict of interest and refrain from participating in the investigation or decision making process concerning that matter. | |||||
Assumption of Posts |
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(a) | The members of the Council shall commence fulfillment of responsibilities subsequent to declaration to carry out their responsibilities in accordance with the Laws and Regulations independently, impartially, without fear, favor or prejudice. | |||
Tenure of the members
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(a) | The tenure of the members of the Councils shall be a term not exceeding five years effective from the date of the appointment. | |||
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(b) | At the end of the stated 5 (Five) year term as stated in subsection (a), a member may be appointed for an additional term of 5 (five) years. | ||||
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(c) | During the tenure, members appointed must carry out their duties and responsibilities in an independent fair and just manner, free from any influence by any person or authority and shall uphold the objectives of this Act in accordance with laws and regulations times at all times. | ||||
Vacation of Post |
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(a) | The post of a member shall be deemed vacant in the following circumstances. | |||
1) | End of tenure. | |||||
2) | Resignation. | |||||
3) | Being dismissed as a member of the council as per section 82. | |||||
4) | Death. | |||||
5) | Failure to fulfill any prerequisites stipulated in this Act | |||||
(b) | With the exception of resignation, the post of the President and Vice- President shall be deemed vacant only upon realization of circumstances stated in subsection (a). | |||||
Appointment of members to the vacant posts |
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(a) | To prevent vacancy of a post of Council member, new members to the council must be appointed prior to the end of existing members’ tenure. | |||
(b) | Should a circumstance specified in section 80 (a) (2) to (5) of this Act arise, leading to the vacancy of a post a new member shall be appointed within a time period of 60 (sixty ) days. If the post of Presidency or Vice Presidency of the Council is vacant, these posts must be elected with 30 (thirty) days | |||||
(c) | Members shall be appointed to the vacant positions as prescribed under this Act. | |||||
Dismissal of members |
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The President of Maldives may dismiss any member of the council upon realization of the following circumstances and the member shall be informed of the reasons for dismissal. | ||||
(a) | Inability to perform duties and responsibilities undertaken as a member of the of the Council; | |||||
(b) | Involved in a situation of self-interest or personal gain conflicting the responsibilities undertaken as a member of the Council. | |||||
(c) | Being negligent and reckless in performing responsibilities as a member of the council. | |||||
Resignation |
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(a) | Should the President or the Vice-President of a Council wish to resign from office, he may offer his resignation, specifying the reason in writing, to the Council. Where a member of a Council wishes to resign from office, he may offer his resignation, specifying the reason in writing, to the President of the Republic. | |||
(b) | Resignation of the President or the Vice-president of the Council from their posts as per subsection (a) shall not be deemed their resignation as a member of the Council. | |||||
Registrars of the Councils |
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(a) | There shall be a Registrar at each Council to carry out functions such as issuing permits, certificates and licenses, maintaining records and registers, implementation of the decisions of the Council, carrying out matters incidental to investigations at the Council and maintaining administrative affairs of the council. | |||
(b) | The registrar shall be the head of the administrative affairs of each Council. | |||||
(c) | The registrar of each council shall be appointed and dismissed by the Council in accordance with the Regulation made hereunder. | |||||
(d) | Registrar of a council shall fulfill the prerequisites stated in Section 74 of this Act. | |||||
(e) | If the registrar’s post is vacant, the president of the Council shall appoint a member of the Council as the temporary registrar until the appointment of a new registrar. Such a member must not be a person actively involved in the health profession. | |||||
(f) | The responsibilities of the Registrars of the Councils include the following; | |||||
1) | conducting meetings and maintaining minutes of such meetings; | |||||
2) | keeping and maintaining records of complaints referred to the Council; | |||||
3) | keeping and maintaining a registry of professionals relevant to the council; | |||||
4) | issuing permits, license and certificates; | |||||
5) | open and close bank accounts, maintain books of the council, carry out audits as prescribed under the relevant Laws; | |||||
6) | Perform such other duties as stated in the Regulation made hereunder. | |||||
Remuneration |
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(a) | As remuneration Council members shall receive an allowance for each meeting attended. This allowance shall be determined by the Minister of Finance and Treasury. | |||
(b) | The Ministry shall determine the remuneration of the registrars of the Council upon consultation with the Ministry of the Finance and Treasury, | |||||
(c) | Regulation made hereunder, shall state rules on the remuneration of members of the committees and panels who are not members of the Council. | |||||
Administrative staff of the Councils |
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(a) | The Administrative staff of the councils shall be civil servants governed by the Maldives Civil Service Act and the regulations made thereunder. | |||
(b) | The administrative structure of the Council defining the categories and responsibilities of technical and administrative staffs shall be formulated and passed by Majority Decision of the Council members. Such structure shall state the number of employees and prerequisites for employment | |||||
Immunity |
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(a) | No suit or prosecution shall be filed against any member, registrar or the staff of the council in relation to committing or omitting an act in good faith in accordance with laws whilst undertaking responsibility of the Council or exercising the powers of the council | |||
Confidentiality |
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Information gained in the course of the employment of members, registrars and employees of the council is strictly confidential and such information shall not be disclosed to any person in any manner save in accordance with laws. | ||||
Financial matters |
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(a) | The Councils may obtain funds in the following ways; | |||
1) | Fees for the services provided under this Act; | |||||
2) | Funds allocated for councils in the state budget | |||||
3) | Financial Grants from local or international parties; | |||||
4) | Any other funds obtained in accordance with the Laws and Regulations of the Maldives. | |||||
(b) | In order to include the Council’s budget within the state budget, the Councils shall, before the15th of January of every year, prepare and pass an estimated budget for the following year based on the income generated and grants for the year | |||||
(c) | The Government shall allocate and allow adequate funds annually for the purposes of the Council in the Ministry’s budget. Each council shall pass and submit the estimated budget to the Ministry. | |||||
Auditing and Annual Report |
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(a) | Auditor General must audit the Councils formulated under this Act. | |||
(b) | Each council shall submit an annual report based on the activities of the Council to the President and the Minister before the February 10 (Ten) of every year. | |||||
(c) | The annual report stipulated in subsection (b) shall elaborate on the following activities of the council during the term. | |||||
1) | main activities undertaken by the council; | |||||
2) | changes in the Council registry; | |||||
3) | issued, renewed, temporarily suspended and revoked licenses; | |||||
4) | Complaints filed at the Council; | |||||
5) | Matters resolved by the Council and the action taken in respect of them. | |||||
6) | Matters pending in the Council. | |||||
7) | Changes in the structure or the membership of the council. | |||||
(d) | Councils shall openly publish the annual report stipulated in subsection (b) within 45 (Forty five) days of submitting the report to the President and the Minister. | |||||
CHAPTER TEN |
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OFFENCES |
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Unregistered practitioners |
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(a) | It is an offense for a medical practitioner or a dental practitioner or a nurse or a midwife or an allied health professional to practice without registration at the relevant council. | |||
(b) | Any person who is guilty of an offence under subsection (a) of this section shall be liable on conviction to a fine not exceeding 50,000 (fifty thousand) Rufiyaa. | |||||
Practicing without a license |
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(a) | It is an offense for a medical practitioner or a dental practitioner or a nurse or a midwife or an allied health professional to practice without obtaining license in accordance with this Act and Regulation made hereunder. | |||
(b) | Any person who is guilty of an offence under subsection (a) of this Section shall be liable on conviction to a fine not exceeding 50,000 (fifty thousand) Rufiyaa. | |||||
Practicing with expired license |
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(a) | It is an offense for a health care skilled professional to practice without the renewal of an expired license issued in accordance with this Act and Regulation made hereunder. | |||
(b) | Any person who is guilty of an offence under subsection (a) of this Section shall be liable on conviction to a fine not exceeding 50,000 (fifty thousand) Rufiyaa | |||||
Fraudulent declaration |
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(a) | It is an offence to make any false or fraudulent declaration to procure registration as a registered medical practitioner or a dental practitioner or a nurse or a midwife or an allied health professional or to procure licensing at the relevant council. | |||
(b) | Any person who is guilty of an offence under subsection (a) of this Section shall be liable on conviction to a fine not exceeding 75,000/- (Seventy Five thousand) Rufiyaa or to imprisonment for a term not exceeding 1 (one) year. | |||||
Altering documentation |
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(a) | It is an offense to alter documentation to procure registration as a registered medical practitioner or a dental practitioner or a nurse or a midwife or an allied health professional or to procure licensing at the relevant council. | |||
(b) | Any person who is guilty of an offence under subsection (a) of this Section shall be liable on conviction to a fine not exceeding 75,000/- (Seventy Five thousand) Rufiyaa or to imprisonment for a term not exceeding 1 (one) year.. | |||||
Misrepresenting as a practitioner of a health profession |
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(a) | It is an offence for any person who is not registered and licensed in accordance with this Act to represent himself as a medical practitioner or a dental practitioner or a nurse or a midwife or an allied health professional by any of the following manners. | |||
1) | Using the title of a health profession in reference to themselves; | |||||
2) | Falsely portrays possession of educational qualification to qualify for registration under a specific health profession ; | |||||
3) | Advertises themselves as having been registered as specific health profession under this Act | |||||
(b) | For the purpose of subsection (a) (3) of this Section the term “advertisement” refers to forms of advertisement such as by the use of any words, publications, or any audio or visual depiction. | |||||
(c) | Any person who contravenes subsection (1) is guilty of an offence and shall be liable on conviction to a fine not exceeding 100,000/-(one hundred thousand) Rufiyaa or to imprisonment for a term not exceeding 1(one) year or to both. | |||||
CHAPTER ELEVEN |
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MISCLENEOUS |
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Commencement of the Act |
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This Act shall commence on the day 3 (Three) months completes from the date it’s passed, ratified and published in the Government Gazette. | ||||
Formulation and enforcement of regulations |
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(a) | Regulations under this Act shall be formulated and enforced in the following manner; | |||
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1) | Maldives Medical and Dental Council shall formulate regulations relating to medical and dental practitioners; | ||||
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2) | Maldives Nursing and Midwifery Council shall formulate regulations relating to nurses and midwives; | ||||
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3) | Maldives Allied Health Council shall formulate regulations relating to allied health professionals; | |||
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4) | Ministry shall formulate regulations regarding matters that are not specified under any of the councils. | ||||
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(b) | Regulations under this Act must be formulated and published in the Gazette within 3 (three) months from the Date of commencement of this Act. | ||||
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(c) | This Act does not prevent the Councils from drafting one Regulation addressing all sections or multiple Regulations addressing separate sections in relation to regulations to be drafted hereunder this Act. | ||||
Terminology |
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Unless otherwise stated in this Act, the definitions of the terms and words are stated below. | ||||
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(a) | “Minister” means the Minister for the time being in charge of the Health Sector; | ||||
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(b) | “Ministry” means the institution for time being in charge of the responsibility for the health sector; | ||||
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(c) | “Council” means Maldives Medical and Dental Council, Maldives Nursing and Midwifery Council, Maldives Allied Health Council separately or as a whole unless expressly stated otherwise | ||||