CHAPTER 36:01
MEDICAL PRACTITIONERS AND DENTISTS

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE MEDICAL COUNCIL OF MALAWI

   3.   Establishment of the Medical Council

   4.   Composition of the Council

   5.   Vacation, etc., of members from office

   6.   Filling of vacancies on the Council

   7.   Co-opted persons

   8.   Chairman and Vice-Chairman

PART III
MEETINGS OF THE COUNCIL

   9.   Meetings of the Council

PART IV
FUNCTIONS AND POWERS OF THE COUNCIL

   10.   Functions of the Council

   11.   Powers of the Council

   12.   Committees of the Council

PART V
MANAGEMENT

   13.   Appointment of Registrar and other staff

PART VI
FINANCIAL PROVISIONS

   14.   Funds, accounts, audit

   15.   Levy

   16.   Remuneration and expenses of members of the Council

PART VII
REGISTERS

   17.   Registers

   18.   Specialist registers

   19.   Duties of Registrar

   20.   Certificates

   21.   Offences in connexion with registers and certificates

   22.   Publication of registers

   23.   Registers to be evidence

PART VIII
REGISTRATION

   24.   Persons registered under the repealed Act

   25.   Residence of registered persons

   26.   Persons eligible to be registered as medical practitioners or dentists

   27.   Person registered may have additional qualifications inserted in register

   28.   Certificate not valid unless signatory registered

   29.   Procedure for registration

   30.   Register of interns

   31.   Register of vocational trainees

   32.   Provisional registration

   33.   Register of persons temporarily employed

   34.   Erasures from register

   35.   Method of erasure

   36.   Consequence of erasure

   37.   Appeals against refusal to register or erasure from register

PART IX
PRIVATE PRACTICE

   38.   Licence for private practice

   39.   Issue, etc. of licences to be published in Gazette

   40.   No fees recoverable unless practitioner licensed for private practice

PART X
EDUCATION AND TRAINING

   41.   Education and Training Committee

   42.   Reports on training qualifications and practice of persons who are registrable

   43.   Approval of institutions, carricula and qualifications

   44.   Diplomas and certificates instituted by the Council

   45.   Rules for training and examinations

PART XI
DISCIPLINARY PROVISIONS

   46.   Disciplinary Committee

   47.   Function of Disciplinary Committee

   48.   Taking of evidence by Disciplinary Committee

   49.   Exercise of disciplinary powers on conviction for offence

   50.   Council to refer cases to Disciplinary Committee

   51.   Exercise of disciplinary powers

   52.   Appeal to High Court

   53.   Publication of results of disciplinary proceedings

   54.   Council or Disciplinary Committee not to be liable

   55.   Improper or disgraceful conduct

PART XII
OFFENCES AND PENALTIES BY UNREGISTERED PERSONS

   56.   Remuneration not recoverable by unregistered persons

   57.   Certain certificates invalid if signed by unregistered person

PART XIII
MISCELLANEOUS PROVISIONS

   58.   Proof required for issue of licences

   59.   Unregistered persons practising as medical practitioners

   60.   Unregistered persons practising as dentists

   61.   African systems of therapeutic allowed

   62.   Exemptions from registration

   63.   Registered persons becoming unfit to practise

   64.   Restoration to register

   65.   Burden of proof on unregistered persons

   66.   Personation of registered person or misrepresentation

   67.   Registered person using unregistered title or qualification

   68.   Notification of change of address or death

   68A.   Closure of premises and seizure of equipment, etc.

PART XIV
REGULATIONS AND SAVINGS

   69.   Regulations

   70.   Repeal and savings

INDEX TO SUBSIDIARY LEGISLATION

Under Section 18 (2)

      Medical Practitioners and Dentists (Specialist Register) (Qualifications) Rules

Under Section 45

      Paramedicals and Allied Health Professionals (Training) Rules

Under Section 69

      Paramedicals and Allied Health Professionals (Private Practice) Regulations

      Medical Imaging (Private Practice) Regulations

      Medical Laboratories (Private Practice) Regulations

      Medical Practitioners and Dentists (Private Practice) Regulations

      Medical Practitioners and Dentists (Registration and Miscellaneous Fees) Regulations

17 of 1987
22 of 1989
30 of 1991
19 of 1995
G.N. 18/1988

An Act to provide for the establishment of the Medical Council of Malawi, the registration and disciplining of medical practitioners and dentists, the licensing of private practice of medical practitioners and dentists, the regulation of training within Malawi of medical personnel and generally for the control and regulation of the medical profession and practice in Malawi and for matters incidental to or connected therewith

[5TH FEBRUARY 1988]

PART I
PRELIMINARY

1.   Short title

    This Act may be cited as the Medical Practitioners and Dentists Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Council” means the Medical Council of Malawi established by section 3;

   “dentist” means a person registered as such under section 17;

   “medical practitioner” means a person registered as such under section 17;

   “member” in relation to the Council means a member thereof appointed, elected, or ordained under section 4 (1) or (4) or section 6;

   “Registrar” means the Registrar to the Council appointed under section 13;

PART II
THE MEDICAL COUNCIL OF MALAWI

3.   Establishment of the Medical Council

   There is hereby established a council to be known as the Medical Council of Malawi, which shall be a body corporate having perpetual succession and a common seal and shall, under that name, be capable of suing and being sued and of purchasing or otherwise acquiring, holding and alienating movable or immovable property and, subject to the provisions of this Act, of performing all such acts as bodies corporate may by law perform.

4.   Composition of the Council

    (1) The Council shall consist of the following members all of whom shall, save in the case of an ex officio member, be citizens of Malawi—

   (a)   the Chief of Health Services who shall be a member ex officio;

   (b)   one medical practitioner serving in the public service, appointed by the Minister;

   (c)   one dentist serving in the public service, appointed by the Minister;

   (d)   one medical practitioner nominated by the Private Hospitals Association of Malawi and appointed by the Minister;

   (e)   five members who shall be medical practitioners or dentists elected by the Medical Association of Malawi and at least one of whom shall be elected from amongst full-time private practitioners;

   (f)   one representative of the College of Medicine of the University of Malawi who shall be a medical practitioner nominated by the Faculty and appointed by the Minister;

   (g)   the Solicitor General or his duly designated alternate who shall be a member ex officio;

   (h)   not more than three other members appointed by the Minister from the general public all of whom shall be persons of good character and good standing in the community and at least one of whom shall be a medical practitioner or a dentist in the private sector.

   (2) A member of the Council, not being a member ex officio, shall hold office for three years.

   (3) The Minister may appoint to the Council for a period not exceeding three years such other persons, not exceeding two in number, from amongst the teaching or other staff of the University of Malawi as he considers suitably qualified to assist the Council in its work and deliberations, and such persons shall not have the right to vote at any meeting of the Council.

   (4) Where the Medical Association of Malawi is for any reason whatsoever unable to elect any number of members of the Council it is required to elect under subsection (1), the Minister may appoint to the Council an equal number of members from amongst persons eligible for election under that subsection, and the members so appointed shall hold office until substituted by elected members or for such period, not exceeding three years, as the Minister may, either at the time of making the appointment or at any time thereafter, direct in writing.

   (5) Upon the appointment or election to the Council of any member, the Minister shall cause notice of such appointment or election to be published in the Gazette and shall in such notice specify the current membership of the Council resultant upon such appointment or election.

5.   Vacation, etc., of members from office

   (1) The Minister may require a member of the Council to vacate his office if the Minister is satisfied that the member—

   (a)   has become insolvent or has assigned his estate for the benefit of, or made a composition or other arrangement with, his creditors; or

   (b)   has been absent from three consecutive meetings of the Council, of which he has had notice, without the leave of the Council; or

   (c)   has been disqualified under this Act from carrying on his profession or calling; or

   (d)   has been convicted of an offence under this Act or the repealed Act or any law relating to poisons or drugs; or

   (e)   has been convicted—

      (i)   within Malawi of a criminal offence; or

      (ii)   outside Malawi of an offence by whatever name called which, if committed within Malawi, would have been a criminal offence,

and sentenced to imprisonment for a term of six months or more without the option of a fine, whether or not such sentence has been suspended, and has not received a free pardon; or

   (f)   is mentally or physically incapable of efficiently performing his duties as a member of the Council; or

   (g)   has had a penalty imposed upon him under this Act by the Council.

   (2) The Minister may suspend from office a member of the Council against whom—

   (a)   criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment for a term of six months or more without the option of a fine may be imposed; or

   (b)   disciplinary proceedings under this Act are instituted by the Disciplinary Committee,

and while that member is so suspended he shall not carry out any duties as a member.

   (3) A member of the Council may resign his office by notice in writing—

   (a)   in the case of an elected member, to the Chairman of the Council;

   (b)   in the case of an appointed member, to the Minister.

6.   Filling of vacancies on the Council

   On vacation of office by a member of the Council, the vacancy shall be filled by a person appointed or elected in accordance with the relevant provisions of section 4 (1) under which the former member was appointed or elected:

   Provided that if the remaining period is less than six months, then—

   (a)   in the case of an appointed member, the Minister may decide not to have the vacancy filled until the expiry of the period; and

   (b)   in the case of an elected member, it shall not be necessary to hold an election and the Council may, if it sees fit, either decide not to have the vacancy filled or to co-opt a person to fill the vacancy until the expiry of the remaining period.

   (2) If any member of the Council is granted leave of absence by the Council, the Council may, if it sees fit, co-opt a person who belongs to the same profession or calling as the member who has been granted leave to fill the vacancy during the absence of that member.

7.   Co-opted persons

   The Council may in its discretion at any time and for any length of period invite any person, and the Minister may in like manner nominate any officer in the public service, to attend any meeting of the Council and take part in the deliberations of the Council, but such person or officer shall not be entitled to vote at that meeting.

8.   Chairman and Vice-Chairman

   (1) The Minister shall, by writing under his hand, designate one member of the Council to be the Chairman thereof.

   (2) The Council shall elect a Vice-Chairman from amongst its members. The Vice-Chairman shall, subject to subsection (3), hold office for the duration of his membership on the Council.

   (3) The office of the Vice-Chairman shall become vacant—

   (a)   if the holder resigns his office by notice in writing to the Council; or

   (b)   if the holder of the office ceases to be a member of the Council; or

   (c)   if the Council so directs.

   (4) Wherever the Chairman is absent or is for any cause unable to discharge the functions of his office, the Vice-chairman shall discharge the fucntions of the Chairman.

8A.   Executive Committee of the Council

   (1) There shall be an Executive Committee of the Council which shall consist of—

   (a)   the Chairman and the Vice-chairman of the Council respectively as chairman and vice-chairman thereof; and

   (b)   such number of other members of the Council as the Council shall appoint.

   (2) The Executive Committee shall have the following functions—

   (a)   to consider—

      (i)   all recommendations to the Council;

      (ii)   all reports of other committees to the Council;

      (iii)   any matter requiring a decision of the Council, and in appropriate cases make decision thereon on behalf of the Council, subject to the approval of the Council;

   (b)   to monitor and evaluate the implementation of the decisions of the Council; and

   (c)   in cases where any committee of the Council is unable to meet or otherwise transact its business, to deal with any matter before that committee, and the Executive Committee shall report to the Council any of its actions and decisions taken pursuant to this paragraph.

PART III
MEETINGS OF THE COUNCIL

9.   Meetings of the Council

   (1) Subject to the provisions to this Act, the Council shall hold ordinary meetings for the dispatch of business at least four times in each year.

   (2) An extraordinary meeting of the Council—

   (a)   may be convened by the Chairman at any time; and

   (b)   shall be convened by the Chairman within twenty-one days of the receipt by him of a request in writing signed by not less than five members of the Council and specifying the purpose for which the meeting is to be convened.

   (3) At any meeting of the Council—

   (a)   the Chairman or, in his absence the Vice-Chairman, shall preside;

   (b)   in the absence of both the Chairman and Vice-Chairman the members present and forming the quorum shall elect one of their number to preside; and

   (c)   the quorum shall be formed by any seven members.

   (4) At any meeting the decision of the Council on any matter shall be that of the majority of the members present and voting at that meeting, and in the event af an equality of votes, the Chairman or the person presiding shall have a casting vote in addition to his deliberative vote.

   (5) Subject to the provisions of this Act, the Council may make standing orders for the regulations of its proceedings and and may vary, suspend or revoke any such standing orders.

   (6) The record of any meeting of the Council shall be made available to any person registered under this Act at all reasonable times at the offices of the Council:

   Provided that the provisions of this subsection shall not be construed as entitling a registered person to peruse the records of—

   (a)   a meeting of the Disciplinary Committee or any other committee of the Council; or

   (b)   the Council where the Council has resolved that it shall sit as a committee.

PART IV
FUNCTIONS AND POWERS OF THE COUNCIL

10.   Functions of the Council

   The Council shall be the sole registering authority of all persons required to be registered under this Act and shall have the following further functions—

   (a)   to assist in the promotion and improvement of the health of the population of Malawi;

   (b)   to control and to exercise authority affecting the training of persons in, and the performance of the practices pursued in connexion with, the diagnosis, treatment or prevention of physical or mental defects, illnesses or deficiencies in human beings;

   (c)   to exercise disciplinary control over the professional conduct of all persons registered under this Act and practising in Malawi;

   (d)   to promote liaison in the field of medical training both in Malawi and elsewhere and to promote the standards of such training in Malawi;

   (e)   to advise the Minister on any matter falling within the scope of this Act; and

   (f)   to communicate to the Minister any information acquired by the Council relating to matters of public health.

11.   Powers of the Council

   For the better performance of its functions, the Council shall, subject to the provisions of this Act, have power—

   (a)   to remove any name from any register or, subject to such conditions as the Council may impose, restore it thereto;

   (b)   to appoint examiners and moderators, conduct examinations and approve certificates, and charge such fee in respect of such examinations and certificates as may be prescribed;

   (c)   to approve of institutions in Malawi for the training of medical and related personnel;

   (d)   to acquire, hire or dispose of property, and borrow money on the security of the assets of the Council or accept and administer any trust or donation;

   (e)   to consider any matter affecting the medical, dental or psychology professions and make representations thereon to the Minister or take such action in connexion therewith as the Council considers necessary;

   (f)   upon aplication by any person, to recognize any qualifications held by that person (whether such qualifications have been obtained in Malawi or elsewhere) as being equal, either wholly or in part, to any prescribed qualifications, whereupon such person shall, to the extent to which the qualifications have been so recognized, be deemed to hold such prescribed qualifications;

   (g)   to perform such other functions as may be prescribed or assigned to the Council by the Minister; and

   (h)   generally, to do such things as the Council deems necessary or expedient to acheive the objects ot this Act.

12.   Committees of the Council

    (1) In addition to Executive Committee, the Disciplinary Committee the Education and Training Committee and the Inspectorate Committee and save as otherwise provided in relation to each of those committees, the Council may establish any number of other committees to carry out any special or general functions determined by the Council and may delegate to any such committee such of the functions of the Council as the Council may consider expedient.

   (2) The Chairman of the Council shall by reason of his office be a member of every committee established under subsection (1).

   (3) The chairman of each committee shall be appointed by the Council from amongst the members of the Council.

   (4) Each committee may co-opt as members of such committee persons who are not members of the Council and any of such members so co-opted may or may not be officers in the public service.

   (5) The chairman of a committee may, at any time and place, convene a meeting of the committee of which he is chairman.

   (6) The Council may, at any time, direct the chairman of any committee to convene a meeting of such committee and such chairman shall, as soon as is practicable, comply with such direction.

   (7) Every committee shall keep minutes of its meetings and shall inform the Council of its activities and shall conduct its proceedings in such manner as the Council may direct.

   (8) Any member of a committee who is not an officer in the public service shall, in respect of expenses incurred by him in travelling and subsistence while discharging his duties as member of that committee, be paid out of the funds of the Council, such allowances as the Council may determine.

PART V
MANAGEMENT

13.   Appointment of Registrar and other staff

   (1) Subject to the provisions of this section, the Council—

   (a)   shall appoint a Registrar upon terms and conditions approved by the Minister; and

   (b)   may appoint assistant registrars and such other employees as it considers necessary or desirable in the discharge of its duties and upon such terms and conditions as it may determine.

   (2) The Registrar, after consultation with the Chairman of the Council, may appoint temporary employees at such daily rates of pay, not below the minimum rates otherwise prescribed by law, as he may consider appropriate and shall, after he has appointed any such employee, report the fact thereof to the Council at its next meeting.

   (3) The Registrar shall be the secretary to the Council and to every committee thereof and shall, on the instructions of the Chairman of the Council or the chairman of any committee, convene a meeting of the Council or the committee, as the case may be.

   (4) If the Registrar is absent or unable to carry out any of his functions under this Act or any other enactment, an assistant registrar or any other officer of the Council shall exercise, during the period that the Registrar is so absent or unable to act, such of the functions of the Registrar as the Chairman of the Council may designate.

PART VI
FINANCIAL PROVISIONS

14.   Funds, accounts, audit

   (1) The funds of the Council shall consist of—

   (a)   such sums as may be appropriated by Parliament for the purposes of the Council;

   (b)   all fees payable under this Act;

   (c)   such other moneys and assets as may vest in or accrue to the Council, whether in the course of its functions or otherwise, including any penalty or costs payable to the Council under this Act; and

   (d)   the levy imposed under section 15.

   (2) The Council shall keep proper accounts and other records relating thereto in respect of its funds and shall in every respect comply with the provisions of the Finance and Audit Act.

   (3) The accounts of the Council shall be examined and audited annually by auditors appointed by the Council and approved by the Minister.

15.   Levy

   The Minister may from time to time, by Order published in the Gazette, impose a levy on gross or net income accruing to any person or class of persons registered under this Act and such levy shall be appropriated for the general operations of the Council or for such operations of the Council as the Minister may specify in the Order.

16.   Remuneration and expenses of members of the Council

   Members of the Council shall be paid from the funds of the Council such allowances as the Minister may determine and in determining the allowance the Minister may make provision for the reimbursement of any reasonable expenses incurred by a member of the Council or of a committee of the Council in connexion with the business of the Council or the committtee.

PART VII
REGISTERS

17.   Registers

   (1) Subject to the provisions of this Act, the Council shall continue to keep and maintain the registers which were established before the commencement of this Act relating to medical practitioners and dentists and may establish or continue to keep and maintain—

   (a)   a register of interns, being persons referred to in section 30;

   (b)   a register of vocational trainees, being persons referred to in section 37;

   (c)   a register of persons who may be provisionally registered under section 32; and

   (d)   a register of persons temporarily employed in Malawi, being persons referred to in section 33.

   (2) The Council may establish a register of students who are undergoing training in Malawi or a qualification required for admission as a medical practitioner or dentist.

   (3) There shall be entered in a register under this section in relation to a registered person his name, address, qualifications and date of first registration and such other particulars as the Council may from time to time determine.

   (4) The Council may alter the title of any register and every person registered in a register bearing the former title shall for all purposes be considered as registered in the register bearing the new title.

   (5) Where the Council intends to establish a register or to alter the name of a register, the Council shall cause to be published in the Gazette and in one issue of a newspaper in general circulation in Malawi notice of such intention and the date with effect from which it is intended that the register will be established or the name of the register will be altered.

18.   Specialist Register

   (1) The Council may establish and keep a register of medical practitioners or dentists who have acquired special knowledge and experience in particular branches of surgery, medicine or dental surgery.

   (2) If the Council establishes a register under subsection (1), it may, by rule or otherwise, determine—

   (a)   the requirements to be satisfied, including the experience to be acquired, the nature and duration of the training to be undertaken and the degree, diploma or certificate to be held by a medical practitioner or dentist before he can be registered on that register;

   (b)   the conditions which shall exempt any person from the requirement, experience or training referred to in paragraph (a);

   (c)   the conditions governing the practice of medical practitioners or dentists who have been registered on a register kept under subsection (1), including conditions restricting the practice of any such medical practitioner or dentist to a particular branch of surgery, medicine or dental surgery, as the case may be;

   (d)   the circumstances in which the Council may remove the name of a person from a register kept in terms of subsection (1).

   (3) There shall be entered in a register kept under subsection (1) in relation to a registered person such particulars as the Council may from time to time determine.

19.   Duties of Registrar

   (1) All registers shall be kept under the custody of the Registrar at the offices of the Council.

   (2) It shall be the duty of the Registrar, under the direction of the Council, to—

   (a)   enter in any register the particulars required under this Act of every person whom he registers in that register;

   (b)   make in a register any necessary alterations in the name, address, qualifications and other particulars of a registered person;

   (c)   erase from a register the name of a registered person who dies; and

   (d)   when required to do so by or under this Act or in pursuance of an order of a court—

      (i)   to mark in a register the registration of an applicant or, as the case may be, the suspension from practice of a registered person; and

      (ii)   to erase from a register the name of a registered person;

   (e)   generally to comply with the requirements imposed on him by this Act.

   (3) Where the Registrar erases from a register the name of a registered person he shall enter in that register a record of the reasons therefor.

20.   Certificates

   (1) If, in the performance of the duties imposed upon him by or under this Act, the Registrar—

   (a)   registers any person, he shall issue to him a certificate of registration;

   (b)   erases from a register the name of a registered person or marks in a register the suspension from practice of a registered person, he shall, wherever possible, notify him in writing accordingly.

   (2) On application by a registered person the Registrar may issue to that person a duplicate certificate of registration—

   (a)   if he is satisfied as to the identity of the applicant; and

   (b)   on production by the applicant of an affidavit certifying that the certificate of registration has been lost or destroyed; and

   (c)   on payment by the applicant of the appropriate prescribed fee, if any.

21.   Offences in connexion with registers and certificates

   A person who—

   (a)   makes or causes to be made an unauthorized entry or alteration or deletion in a register or a certified copy thereof or an extract thereof or on a certificate of registration; or

   (b)   procures or attempts to procure for himself or another person registration or a certificate of registration by means of fraud or false representation or by the concealment of a material fact; or

   (c)   makes or causes to be made in connexion with an application for registration a false declaration in a document used for the purpose of establishing his identity; or

   (d)   wilfully destroys, defaces or renders illegible or causes to be destroyed, defaced or rendered illegible an entry in a register; or

   (e)   without the permission of the holder, wilfully destroys, defaces or renders illegible or causes to be destroyed, defaced or rendered illegible a certificate of registration; or

   (f)   forges or utters or, knowing the same to be forged, possesses or holds a document purporting to be a certificate of registration,

shall be guilty of an offence and liable to a fine of K1,000 and to imprisonment for six months.

22.   Publication of registers

   (1) The Registrar shall, from time to time, under the authority of the Council, cause copies of the registers or of supplementary lists showing all alterations, additions, revisions and erasures made since the last publication of the complete registers to be published in the Gazette.

   (2) Copies of the registers shall be published in such form as the Council may direct and may contain, in lists separate from the main registers, such particulars as the Council may require to be published.

23.   Registers to be evidence

   (1) Subject to the provisions of subsection (2), the last published copy of a register, as read with any supplementary list, purporting to be published under the authority of the Council under section 22, shall be prima facie evidence in any legal proceedings of the facts therein recorded and the omission of the name of any person from such copy shall be evidence, prima facie evidence, that such person is not registered.

   (2) In the case of a person—

   (a)   whose name does not appear in a published copy of a register and whose name has been added to a register after the date of the last published copy thereof, a certificate under the hand of the Registrar of the entry of the name of that person in that register shall be prima facie evidence that that person is so registered on that register; or

   (b)   whose name has been erased from a register since the date of the last published copy thereof and has not been restored thereto, a certificate under the hand of the Registrar that the name of that person has been erased from the register shall be prima facie evidence that that person is not registered on that register; or

   (c)   who has been suspended from practice in accordance with this Act, a certificate under the hand of the Registrar that that person has been so suspended from practice for a period specified in that certificate shall be prima facie evidence that that person has been suspended from practice for that period.

PART VIII
REGISTRATION

24.   Persons registered before the commencement of this Act

   Every person who, immediately before the commencement of this Act was registered in any register of medical practitioners or dentists in Malawi and is resident in Malawi, shall be deemed to have been registered under this Act in that register.

25.   Residence of registered persons

   (1) Subject to subsection (2), an applicant for registration shall not be registered unless at the time of his application—

   (a)   he resides in Malawi; or

   (b)   he intends, if he is registered, to take up residence in Malawi within six months of the date of his registration.

   (2) Any person who resides in and is lawfully practising his profession or calling in such country as the Council may from time to time specify for the purposes of this subsection by notice in the Gazette may be registered if, but for residing outside Malawi, he is otherwise qualified for registration.

26.   Persons eligible to be registered as medical practitioners or dentists

   (1) Subject to the provisions of this section, a person shall be eligible for registration under this Act as a medical practitioner or dentist if he is a holder of a degree, diploma or other qualification which is recognized by the Council as making him eligible for registration and—

   (a)   after obtaining such degree, diploma or other qualification, he has engaged as an intern in one or more institutions approved by the Council for such period, being not less than one year, as the Council may prescribe; and

   (b)   he satisfies the Council that, whilst engaged in training employment as required under paragraph (a), he has acquired sufficient knowledge of, and experience in, the practice of medicine or dentistry, as the case may be; and

   (c)   he satisfies the Council that he is a person of good moral character and is a fit and proper person to be registered under this Act.

   (2) No qualification from an examining authority outside Malawi shall be recognized or accepted under subsection (1) as a qualification for registration of the holder, unless the qualification entitles the holder to registration in the country, state or territory in which the examining authority has jurisdiction.

   (3) In any case where the Council does not recognize a degree, diploma or other qualification in medicine or dentistry held by any person as making him eligible for registration, the Council may take steps to assess his suitability for registration and for the purpose of so doing may require him to attend any interview or to undergo any oral or written examination.

   (4) The Council may, after assessing the suitability for registration of a person under subsection (3), direct that before registration that person shall undergo such further period of training (hereinafter referred to as “vocational training”) or pass such further examination as the Council may specify.

   (5) The Council may, where it considers it expedient so to do, delegate the assessment of suitability for registration under subsection (3) to a committee of the Council which shall, after making such assessment, make such recommendations to the Council as it considers appropriate.

27.   Person registered may have additional qualifications inserted in register

   Every person registered under this Act who has obtained any higher or further degree or qualification than the degree or qualification in respect of which he has been registered shall be entitled, upon payment of the prescribed fee, to have such higher degree or additional qualification inserted in the register in substitution for or in addition to the qualification previously registered.

28.   Certificate not valid unless signatory registered

   No certificate or other document required by any law to be signed by a duly qualified medical practitioner or dentist shall be valid unless signed by a person registered as a medical practitioner or dentist under this Act.

29.   Procedure for registration

   (1) Any person desiring to be registered under this Act may apply in writing to the Registrar and shall submit with his application—

   (a)   a certificate of any qualification on which he relies for registration or a certified photostat copy thereof:

   Provided that a certificate showing his registration in the country, state or territory in which he qualified is submitted and that such certificate contains details of the qualifications on which registration was based; and

   (b)   if other practical experience or training is required in the country, state or territory in which he qualified before registration in that country, state or territory—

      (i)   evidence that such experience has been acquired or that such training has been obtained; and

      (ii)   a certificate of registration in that country, state or territory or a certificate photostat copy thereof; and

   (c)   if so required by the Council, such evidence of identity, of good character and reputation, of compliance with the conditions, if any, prescribed by the Council in relation to him and of the authenticity and validy of the certificate submitted as the Council may require; and

   (d)   save in the case of a person referred to in section 25 (2), evidence that he resides or intends, if he is registered, to reside in Malawi.

   (2) The Council may require any statement in connexion with an application under subsection (1) to be supported by a solemn or statutory declaration.

   (3) If the Registrar is satisfied that the qualification and the particulars or documents submitted under subsection (1) are in accordance with the requirements of this Part, he shall, upon payment by the applicant of the appropriate prescribed fee, register the applicant in the appropriate register.

   (4) If the Registrar is not satisfied that the qualification or the particulars or documents submitted with an application under subsection (1) are in accordance with the requirements of this Part, he shall refer the application to the Council for decision.

   (5) The Council may refuse to register an applicant if in its opinion the applicant, notwithstanding that he is otherwise qualified, is not a fit and proper person to be registered by reasons of—

   (a)   his physical or mental health; or

   (b)   the fact that he is not of good character and reputation; or

   (c)   the fact that he does not have adequate knowledge of the English language; and

   (d)   any conduct of his which, if he had been registered, would have constituted improper or disgraceful conduct or conduct which, when regard is had to the profession for which that person has applied to be registered, is improper or disgraceful:

   Provided that, before refusing registration under paragraph (d), the Council shall refer the matter to the Disciplinary Committee and the provisions of Part IX shall, mutatis mutandis, apply as if the applicant were registered on the register on which he has applied to be registered.

30.   Register of interns

   (1) Any person having the qualifications referred to in section 26 (1) who is employed in Malawi in the practice of medicine, surgery or dentistry as an intern in a hospital or an institution approved by the Council shall, subject to the provisions of this Part, be entitled, on payment by him of the prescribed fee, to be registered in the register of interns.

   (2) A person registered in the register of interns shall be deemed to be registered on the register of medical practitioners in so far as is necessary—

   (a)   to enable him to be employed in the practice of medicine, surgery or dentistry at a hospital or institution approved by the Council;

   (b)   for the purpose of any other enactment or such other purposes as the Council may specify.

31.   Register of vocational trainees

   Any person who is required under section 26 (4) after the acquisition of any qualification to undergo a period of training before he is entitled to be registered and who is employed otherwise than as an intern shall, subject to the provisions of this Part and if he satisfies the Registrar that he is employed at an institution or by an employer approved by the Council, be entitled, upon payment of the prescribed fee, to be registered in the register of vocational trainees appropriate to the profession or calling for which he intends to be registered.

32.   Provisional registration

   (1) The Council may accept any qualification which has not been recognized under section 26 as entitling the holder to be registered if, in all other respects, he satisfies the conditions and requirements of this Part for registration on a register kept under this Act:

   Provided that the acceptance of a particular qualification for provisional registration of one person shall not confer any right to any form of registration on any other person holding the same qualification.

   (2) The Council may require an applicant for provisional registration as a condition of such registration—

   (a)   to undertake a specified period of practice on the staff of a hospital or other institution specified by the Council or with an employer approved by the Council; and

   (b)   to pass, during the period of his provisional registration, such examination as the Council may specify.

   (3) An application for provisional registration under subsection (1) shall be made in writing to the Registrar and shall be accompanied with the prescribed fee.

33.   Register of persons temporarily employed

   Any person qualified to practise the profession or calling of a medical practitioner or dentist, who intends to practise that profession or calling in Malawi but does not intend to reside for a period exceeding twelve months in Malawi may, if he satisfies the Registrar that he is so qualified, be registered on a register of persons temporarily employed:

   Provided that in circumstances considered by the Registrar to be exceptional, the Registrar may extend the period of registration for two months.

34.   Erasures from register

   (1) The Council may direct the Registrar to erase from a register of medical practitioners or register of dentists—

   (a)   the name and all particulars of a person whose registration has been cancelled in accordance with this Act or who—

      (i)   not being a citizen of Malawi; has been absent from Malawi for a continuous period of three years preceding such erasure; or

      (ii)   fails to pay the prescribed fee payable under this Act within three months after the date on which that fee became payable; or

      (iii)   has failed within a period of six months after the date of an inquiry sent by the Registrar by registered letter to the address as shown in the register to notify the Registrar of his present address:

      Provided that if such registered letter is returned to the Registrar by reason of it being unclaimed or for any other reason the Council may forthwith direct that the name of the person be erased from the register; or

      (iv)   has requested that his name be removed from the register and, if so required by the Council, has lodged an affidavit proceedings are being or are likely to be taken against him in connexion with the practice of his profession or calling; or

      (v)   is resident or practising in Malawi and whose name has been removed from the roll, register or record of any university, hospital, college, training school or institution, society or other body from which that person received the qualification on the basis of which he was registered; or

   (b)   any entry which is proved to the satisfaction of the Council to have been made in error or through fraudulent representation or concealment of material facts or in circumstances not authorized by this Act.

   (2) The name and all particulars of a person shall be erased from—

   (a)   the register of interns, register of vocational trainees, provisional register or temporary register—

      (i)   when the person is registered on the register of medical practitioners or the register of dentists; or

      (ii)   on the expiration of the period of registration on such register;

   (b)   in case of the provisional register, on the cancellation of the registration of that person.

   (3) If a person referred to in section 25 (1) fails to take up residence in Malawi within the period referred to in that paragraph, his name and particulars shall be erased from the register on the expiration of that period.

   (4) The Registrar shall erase from the register of interns or register of vocational trainees, as the case may be, the name of a person who is registered on that register—

   (a)   who advises the Registrar that he is leaving Malawi whether after completion of his service as interns or trainee or otherwise; or

   (b)   on the expiration of eighteen months from the date of his registration unless he satisfies the Registrar that due to illness or other cause the period of his training has been extended; or

   (c)   on the termination of the period of training which has been extended in the circumstances referred to in paragraph (b); or

   (d)   if the Council instructs the Registrar to erase the name of that person from the register.

   (5) Before the Council directs an erasure to be made under subsection (1) (a) (v) or subsection (4) (d) the Council shall afford the person concerned an opportunity of showing cause before the Council as to why the erasure should not be made.

35.   Method of erasure

   In order to effect the erasure of the name and particulars of a person from a register, a line of red ink shall be drawn through such name and particulars but so as to leave them remain legible.

36.   Consequence of erasure

   Any certificate of registration issued to a person whose name has been erased shall be deemed to have been cancelled on the date of erasure and the person concerned shall be deemed not to be registered with effect from that date.

37.   Appeals against refusal to register or erasure from register

   (1) A person aggrieved by—

   (a)   the refusal of the Council to register him or any qualification or particular which he wishes to be registered in under this Act; or

   (b)   the erasure from a register of his name or of any qualification or particular which he considers he is entitled under this Act to have entered against his name in a register,

may after notice to the Council and within three months after the date on which notice is given to him by the Registrar of such erasure, appeal to the High Court in such manner as may be prescribed or as may be considered appropriate by the High Court against such erasure.

   (2) On an appeal under subsection (1) the High Court may—

   (a)   dismiss the appeal; or

   (b)   if it is of opinion that the Council has not acted in accordance with the provisions of this Act, make an order that the name of the appellant or the qualification or particular, as the case may be, be entered in the appropriate register; or

   (c)   refer the matter back to the Council for further consideration, and may,

make such other order as to costs or otherwise as it may deem just.

PART IX
PRIVATE PRACTICE

38.   Licence for private practice

   (1) The Council may authorize the Registrar to issue to a medical practitioner or a dentist who has applied in the prescribed manner and whom the Council considers has had suitable experience in medicine, surgery or dentistry, as the case may be, a licence to engage in private practice on his own behalf as a private practitioner or to be employed, either whole time or part time, by a private practitioner.

   (2) A licence under subsection (1) shall—

   (a)   be subject to such conditions as the Council may either generally or specially determine;

   (b)   be issued upon payment of the prescribed fee;

   (c)   be in such form as may be prescribed;

   (d)   be valid from the date of issue to 31st March next following the date of issue; and

   (e)   state whether the person so licensed may practise as a private practitioner on his own behalf or may be employed by a private practitioner.

   (3) The Council may, for good cause refuse to issue a licence to engage in private practice to any person or may withdraw or cancel such licence issued to any person either indefinitely or until such time as the conditions, if any, imposed by the Council have been fulfilled.

   (4) No premises shall be habitually used for the purpose of private practice, unless they are authorized for such use by the Council, and any person duly authorized by the Council in that behalf may at any reasonable time enter upon and inspect such premises.

   (5) Any person aggrieved by any decision of the Council under this section may appeal to the High Court, and in such appeal the High Court may annul or vary the decision as it thinks fit.

   (6) A person who engages in private practice without a licence authorizing him so to do issued in accordance with this Act or regulations made thereunder shall be guilty of an offence and liable to a fine of K2,000 and imprisonment for one year.

39.   Issue, etc., of licences to be published in the Gazette

    The issue, cancellation and withdrawal of any licence under section 38 of this Act shall be notified in the Gazette.

40.   No fees recoverable unless practitioner licensed for private practice

   No person in private practice shall be entitled to recover any charge for any medical treatment, operation, advice or other medical service which he has rendered, or for any medicine which he has prescribed or supplied, as a medical practitioner or dentist, unless he is at the time appropriately licensed under section 38 for private practice.

PART X
EDUCATION AND TRAINING

41.   Education and Training Committee

   (1) There shall be an Education and Training Committee which shall consist of—

   (a)   one member of the Council appointed by the Council and designated by the Council as chairman of the committee;

   (b)   any number of other pesons appointed by the Council and who may or may not be members of the Council.

   (2) Subject to the general direction of the Council, the functions of the Education and Training Committee shall be—

   (a)   to advise the Council on all matters relating to the education and training requirements of medical and related personnel in Malawi;

   (b)   to satisfy itself and the Council that the curricula in every teaching institution in Malawi in the medical field are such that graduates will have a sufficient basic knowledge for the practice of their profession or calling; and

   (c)   to satisfy itself and the Council in such other matters as may be vested in it by the Council in relation to the supervision of other aspects of medical education and training.

   (3) For the purpose of carrying out its functions the Education and Training Committee may, subject to the general direction and guidance of the Council—

   (a)   on behalf of the Council, appoint inspectors to visit hospitals, or other institutions or premises where instruction is given to or examinations are conducted for students who intend to apply for registration under this Act and to evaluate such instructions or examinantions; and

   (b)   to submit reports to the Council on the courses and curriculum followed at, and examinations conducted by, any institution referred to in paragraph (a).

42.   Reports on training qualifications and practice of persons who are registrable

    The Council may, and if so required by the Minister shall, consider and report to the Minister and advise him upon any matter relating to professional or technical training to other qualifitions required for admission to a profession or calling in respect of which a register is kept and the conditions of practice after registration.

43.   Approval of institutions, curricula and qualifications

   The Council shall have powers to approve of—

   (a)   teaching hospitals;

   (b)   medical and dental schools;

   (c)   a basic medical education curriculum;

   (d)   post-graduate medical education;

   (e)   the basic medical qualification of persons to be registered as medical practitioners or dentists;

   (f)   registration of medical practitioners and dentists as consultants after approving their post-graduate qualifications;

   (g)   and such other matter of training as may be within its competence under this Act or as may be expedient for the purposes and objects of this Act.

44.   Degrees, diplomas and certificates instituted by the Council

   (1) The Council may institute and issue degrees, diplomas and certificates of competence for any class of medical personnel trained or employed at an approved institution in Malawi other than medical practitioners, dentists and personnel of a class for which there is established a separate examining or qualifying authority:

   Provided that degrees, diplomas or certificates of competence of the College of Medicine of the University of Malawi shall be instituted with the approval of the Council.

   (2) The Registrar shall keep lists of all persons to whom a degree, diploma or certificate instituted under this section has been issued.

45.   Rules for training and examinations

   The Council may, by notice in the Gazette, make rules as to—

   (a)   the form of degrees, diplomas and certificates of competence instituted by the Council;

   (b)   the issue of duplicates and certified copies of degrees, diplomas and certificates of competence issued by the Council and the fees payable to the Council therefor;

   (c)   the requirements to be fulfilled by persons as a condition of the issue of a degree, diploma or certificate of competence to them, including the training and courses of instruction to be undergone and the examinations to be passed, and exemptions from the fulfilment of such requirements;

   (d)   the institutions and other places at which the training and courses of instruction referred to in paragraph (c) shall be undergone, the standards of education and character required to qualify persons to undergo such training and courses of instruction and the supervision of persons undergoing such training and courses of instruction;

   (e)   the holding of examinations referred to in paragraph (c) including—

      (i)   the appointment and remuneration of examiners and invigilators;

      (ii)   the entry and disqualification of candidates for examination;

      (iii)   the fees payable to the Council by candidates for examination; and

      (iv)   the publication of the results of examinations.

PART XI
DISCIPLINARY PROVISIONS

46.   Disciplinary Committee

   (1) There shall be a Disciplinary Committee of the Council which shall consist of—

   (a)   the Chairman of the Council who shall be the Chairman of that committee; and

   (b)   not less than two and not more than four other persons specially appointed by the Chairman of the Council for the particular inquiry, who shall—

      (i)   in the case of an inquiry into the conduct of a medical practitioner, be members of the Council who are medical practitioners;

      (ii)   in the case of an inquiry into the conduct of a dentist, be members of the Council who are dentists;

      (iii)   in the case of an inquiry concerning an allegation implicating one or more medical practitioners jointly with one or more dentists, be members of the Council representing both callings;

   (c)   two other members who may or may not be members of the Council.

   (2) In any disciplinary inquiry the Council may request the Attorney General to nominate a legally qualified person serving in the public service to assist the Disciplinary Committee in the proceedings of the inquiry.

   (3) At any meeting of the Disciplinary Committee the Chairman and two other members shall form a quorum.

   (4) For the purposes of any inquiry the Chairman of the Council may appoint to the Disciplinary Committee any other person he considers reasonably qualified to assist the committee in the conduct of the inquiry.

   (5) All acts, matters or things authorized or required to be done by the Disciplinary Committee shall be decided by a majority vote at a meeting of the Disciplinary Committee at which a quorum is present.

   (6) At all meetings of the Disciplinary Committee each member present, being a member by virtue of subsection (1), shall have one vote on a question before the Disciplinary Committee and, in the event of an equality of votes, the Chairman shall have, in addition to a deliberative vote, a casting vote.

   (7) The Disciplinary Committee shall have power to regulate its own procedure.

47.   Function of Disciplinary Committee

   (1) Subject to the provisions of subsection (2), the function of the Disciplinary Committee shall be to inquire into an allegation referred to it under section 50 (2) alleging that a registered person—

   (a)   has been guilty of improper or disgraceful conduct or conduct which, when regard is had to the profession or calling of that person, is improper or disgraceful; or

   (b)   is grossly incompetent or has performed any act pertaining to his profession or calling in a grossly incompetent manner.

   (2) Before exercising its function with respect to any person, the Disciplinary Committee shall—

   (a)   cause to be served upon him a notice setting out the allegations against him; and

   (b)   afford him a reasonable opportunity of being heard either by himself or, if he so wishes, by a legal representative.

48.   Taking of evidence by Disciplinary Committee

   (1) For the purposes of any inquiry, the Disciplinary Committee may take evidence and may—

   (a)   under the hand of the Chairman of the Council or the Registrar summon witnesses and require the production of any book, record, document or thing; and

   (b)   administer an oath or affirmation to any person; and

   (c)   examine any book, record, document or thing which a witness has been required to produce.

   (2) A summons for attendance before the Disciplinary Committee or for the production to it of any book, record, document or thing shall be—

   (a)   in the form prescribed; and

   (b)   signed by the Chairman or the Registrar.

   (3) Any person who—

   (a)   has been summoned under subsection (2) and who—

      (i)   refuses or fails without sufficient cause to attend and give evidence relevant to the inquiry at the time and place specified in the summons; or

      (ii)   refuses to be sworn or to affirm; or

      (iii)   refuses or fails without sufficient cause to produce any book, record, document or thing which he has been required by that summons to produce; or

   (b)   attends a witness before the Disciplinary Committee and refuses to answer or to answer fully and satisfactorily to the best of his knowledge and belief any question properly put to him,

shall be guilty of an offence and liable to a fine of K200 and to imprisonment for three months.

   (4) Any person who gives false evidence on oath at an inquiry held under this Part, knowing such evidence to be false or not believing it to be true, shall be guilty of an offence and liable to a fine of K400 and to imprisonment for six months.

   (5) The Disciplinary Committee shall, in any inquiry held by it under this Part, record the proceedings and any evidence heard by it and the decision made by it and the reasons therefor.

49.   Exercise of disciplinary powers on conviction for offence

   (1) A registered person who has been convicted of an offence by a court of law within or outside Malawi, whether before, on or after the date of his registration, shall be liable to disciplinary inquiry by the Disciplinary Committee in accordance with the provisions of this Part if the Disciplinary Committee is of opinion that such offence constitutes—

   (a)   improper or disgraceful conduct; or

   (b)   conduct which, when regard is had to the profession or calling of that person, is improper or disgraceful.

   (2) The Disciplinary Committee may, if it thinks fit on proof before it of a conviction referred to in subsection (1) and without hearing further evidence, deal with the convicted person in accordance with the provisions of this Part:

   Provided that the convicted person shall be afforded an opportunity of tendering, in writing or in person or by his legal representative as he may elect, an explanation to the Disciplinary Committee in extenuation of his conduct.

   (3) If, after the termination of proceedings before a court in Malawi—

   (a)   it appears to the court that there is prima facie evidence of improper or disgraceful conduct on the part of a registered person, the court shall direct that a copy of the record of the proceedings or a copy of such part of the record of the proceedings as is material to the issue shall be transmitted to the Council; or

   (b)   the Council requests that a record of the proceedings before a court in Malawi or part of such record be supplied to it on the ground that it is of direct interest to the Council in the exercise of its functions under this Act, the court shall transmit to the Council a copy of the record of the proceedings or a copy of such part of the record of the proceedings as is material.

50.   Council to refer cases to Disciplinary Committee

   (1) Whenever there is brought to the notice of the Council an allegation which might be the subject of inquiry by the Disciplinary Committee the Council shall have power to call for information, to cause such investigation to be made as it thinks necessary and to seek such legal advice or other assistance as it may require.

   (2) After any investigation pursuant to subsection (1) the Council—

   (a)   may refer the allegation to the Disciplinary Committee for inquiry under this Part and in that case the Registrar shall present a charge, in such form as may be prescribed, to the registered person against whom the allegation is made;

   (b)   if it considers that—

      (i)   the conduct complained of would not constitute improper or disgraceful conduct; or

      (ii)   for any other reason the allegation should not be the subject of inquiry by the Disciplinary Committee,

      may dismiss the allegation or take such other action as it deems fit and may, after first allowing the person concerned to make written representation, authorize the Chairman of the Council to admonish that person and the Chairman shall report the fact thereof to the Council;

   (c)   if it considers that the allegation forms or is likely to form the subject of criminal proceedings already before a court, may postpone referring the matter to the Disciplinary Committee until such criminal proceedings have been determined.

51.   Exercise of disciplinary powers

   (1) After due inquiry, the Disciplinary Committee shall report its findings to the Council with such recommendations as the Disciplinary Committee considers appropriate.

   (2) After considering the findings and recommendations of the Disciplinary Committee the Council—

   (a)   if it is satisfied that the registered person—

      (i)   has been guilty of improper conduct or disgraceful conduct or conduct which, when regard is had to the profession or calling of that person, is improper or disgraceful and that such conduct warrants the cancellation of his registration; or

      (ii)   is grossly incompetent or has performed any act pertaining to his profession or calling in a grossly incompetent manner,

      the Council shall direct the Registrar to cancel the registration of the registered person and, if it thinks fit, order that person to pay to the Council any costs or expenses incidental to the inquiry;

   (b)   if it considers that the registered person has been guilty of improper or disgraceful conduct or conduct which, when regard is had to his profession or calling, is improper or disgraceful but that such conduct does not warrant the cancellation of the registration of that person, shall do one or more of the following—

      (i)   order his suspension for a specified period from practising or performing acts specially pertaining to his profession or calling;

      (ii)   impose such conditions as it deems fit subject to which he shall carry on his profession or calling;

      (iii)   order him to pay to the Council a penalty not exceeding K 1,000;

      (iv)   order him to pay any costs or expenses of and incidental to the inquiry;

      (v)   censure him; and

      (vi)   caution him and postpone, for a specified period not exceeding three years any further action against him on such conditions as the Council may determine as to his future conduct, including conduct or nature of his practice during that period.

   (c)   if it considers that the allegations against the registered person have not been established, shall dismiss the allegations and in such case the Council may if it is of the opinion that the allegations were frivolous or vexatious, order the complainant to pay the costs of the inquiry.

   (3) If at any time the Council is satisfied that during the period of any postponement under subsection (2) (b) (vi) a registered person has not complied with the conditions imposed under that paragraph, the Council after giving reasonable notice to the registered person concerned, may proceed to inflict further upon him more of the measures specified in that subsection.

52.   Appeal to High Court

   (1) Any person who is aggrieved by the findings of the Disciplinary Committee or the decision reached, or penalty or measure imposed, by the Council under this Part may, within three months after the date of such findings or the imposition of such penalty or measure, appeal to the High Court.

   (2) On an appeal under subsection (1) the High Court may—

   (a)   confirm, vary or set aside any finding, decision or penalty appealed against; or

   (b)   refer the matter back to the Council, for further consideration,

and in either case may make such order as to the costs of the appeal or otherwise as it may deem just:

   Provided that the High Court shall not set aside any finding or penalty by reason only of an informality or irregularity in the proceedings of the Council or of the Disciplinary Committee which did not embarrass or prejudice the appellant in answering the charge or in the conduct of his defence.

   (3) For the purposes of any appeal under this section the High Court may, if it considers it expedient so to do, sit with one or more persons as assessors, being persons whom it considers specially qualified to assist it in hearing the appeal, and may hear the appeal wholly or partly with such persons, but the decision in such appeal shall be that of the presiding judge or judges.

53.   Publication of result of disciplinary proceedings

   (1) The Registrar shall by notice in the Gazette publish the name of any person—

   (a)   whose registration has been cancelled; or

   (b)   who has been suspended from practice and shall, in such notice, specify the period of suspension.

54.   Council or Disciplinary Committee not to be liable

   (1) Save as is provided in this Act, no legal proceedings whether civil or criminal shall lie against the Council or the Disciplinary Committee or any member or officer thereof in respect of any act or duty done or performed in accordance with the provision of this Part.

   (2) The Council shall not be responsible for any loss of earnings by a person as a result of action taken under this Part, whether by the Council or the Disciplinary Committee, and whether or not a particular finding, decision or penalty is subsequently varied or set aside.

55.   Improper or disgraceful conduct

   (1) The Council may in regulations made under this Act—

   (a)   define what, in the case of any class of registered persons shall constitute improper or disgraceful conduct;

   (b)   provide for the manner in which complaints or charges against a registered person may be lodged; and

   (c)   provide for any other matter incidental to the investigation of an inquiry into a complaint or charge against a registered person.

   (2) If any registered person has counselled or knowingly been a party to the performance of any act in respect of which an unregistered person has been convicted of an offence under Part XII the conduct of such registered person shall, for the purposes of this Part, constitute improper or disgraceful conduct:

   Provided that the provisions of this subsection shall not be construed as exempting such registered person from prosecution in a court for any offence which such conduct may constitute.

   (3) Regulations referred to in subsection (1) shall not limit the general power conferred on the Disciplinary Committee or on the Council to inquire into allegations of improper or disgraceful conduct not covered by such regulations and to impose any penalty under this Part on any person guilty of such conduct.

PART XIA
INSPECTORATE PROVISIONS

55A.   Inspectorate Committee

   (1) There shall be an Inspectorate Committee appointed by the Council which shall, subject to the general or special directions of the Council, perform all such inspectorate functions for the purpose of setting and maintaining the standards of health care in relation to—

   (a)   premises, equipment and supplies;

   (b)   qualifications and credentials of personnel employed at health establishments;

   (c)   behaviour and conduct of health personnel towards patients and clients; and

   (d)   such other matters as the Council may deem expedient, and to report its findings to the Council.

   (2) A person who wilfully obstructs any person duly authorized to perform inspectorate functions pursuant to subsection (1) shall be guilty of an offence and liable to a fine of K2,000 and imprisonment for one year.

PART XII
OFFENCES AND PENALTIES BY UNREGISTERED PERSONS

56.   Remuneration not recoverable by unregistered persons

    No remuneration shall be recoverable in respect of any act pertaining to a profession or calling in respect of which a register is kept under this Act when performed by a person who is not registered on the appropriate register.

57.   Certain certificates invalid if signed by unregistered person

   No certificate required by law from any member of a profession or calling in respect of which a register is kept under this Act shall be valid unless the person signing such certificate is registered on the appropriate register.

58.   Proof required for issue of licences

   No licence required under any law to be obtained by a registered person shall be issued to such person unless the person applying for such licence produces proof that he is registered on the appropriate register.

59.   Unregistered persons practising as medical practitioners

   (1) Subject to the provisions of subsection (2) and to any exemption granted under this Act any person who, not being registered as a medical practitioner—

   (a)   for gain, practises or carries on business as a medical practitioner, whether or not purporting to be registered or performs or undertakes to perform any act specially pertaining to the practice of a medical practitioner; or

   (b)   pretends or, by any means whatsoever, holds himself out to be a medical practitioner, whether or not purporting to be registered; or

   (c)   uses the title “medical practitioners” or any name, title description or symbol indicating or calculated to lead any person to enter that he possesses a degree, diploma or other qualification as a medical practitioner, doctor of medicine, physician or surgeon or that he is registered as a medical practitioner under this Act,

shall be guilty of an offence and liable to a fine of K2,000 or to imprisonment for one year.

   (2) The provisions of subsection (1) shall not apply in relation to—

   (a)   a body corporate which is a local authority in respect of which there is a medical practitioner appointed, engaged, employed or otherwise to supervise the health services provided by that local authority; or

   (b)   a body corporate which—

      (i)   employs a medical practitioner principally for the purpose of providing health services for its employees; and

      (ii)   is exempted under subsection (4).

   (c)   any person who, or any body corporate or unincorporate which, establishes a health facility and in respect thereof employs persons registered to practise in accordance with this Act and that the health facility so established meets the minimum requirements prescribed by or under this Act for the category of such health facility.

   (3) In paragraph (a) of subsection (2)—

   “local authority” means—

   (a)   a city or municipal council, a town council or a district council; or

   (b)   any other body or organization which the Minister may, by notice in the Gazette, declare to be a local authority for the purposes of that paragraph.

60.   Unregistered persons practising as dentists

   (1) Subject to the provisions of subsections (3) and (4) and to any exemption granted under this Act, any person who, not being registered as a dentist—

   (a)   for gain, practises or carries on business as a dentist, whether or not purporting to be registered, or performs or undertakes to perform any act specially pertaining to the practice of dentistry; or

   (b)   pretends or, by any means whatsoever, holds himself out to be a dental surgeon, whether or not purporting to be registered, or to be entitled to practise dentistry or to perform any act specially pertaining to the practice of dental surgery; or

   (c)   uses the title “dental surgeon” or “dentist” or any name, title, description or symbol indicating or calculated to lead any person to infer that he possesses a degree, diploma or other qualification as a dental surgeon or dentist or that he is registered under this Act; or

   (d)   by any means whatsoever gives advice in dentistry or in any act specially pertaining to the practice or dentistry,

   shall be guilty of an offence and liable to a fine of K2,000 or to imprisonment of one year.

   (2) For the purposes of subsection (1), the following acts are specified as specially pertaining to the practice of dental surgery—

   (a)   the performance of any operation and the treatment of any disease, deficiencies or lesions on or of the human teeth or jaws, the correction of the malpositions thereof and the performance of radiographic work in connexion with the human teeth or jaws;

   (b)   the giving of any anaesthetic in connexion with any operation on the human teeth or jaw;

   (c)   the making, repairing, re-alteration or supply of artificial dentures, restorative dental appliances or other similar dental appliances;

   (d)   the taking in the mouth of any impression or bite with a view to the making, repairing, altering or supplying any artificial dentures, restorative dental appliances or other similar dental appliances;

   (e)   the trying or fitting in the mouth of any artificial dentures, restorative dental appliances or other similar dental appliances;

   (f)   the performance of any such operation, treatment, attendance or the giving of such advice as is usually performed or given by a dentist or any operation, treatment, advice or attendance preparatory to or for the purpose of or in connexion with the making, repairing, altering, supplying, fitting, inserting or fixing of artificial dentures, restorative dental appliances or other similar dental appliances;

   (g)   cleaning and polishing teeth; and

   (h)   scaling teeth, that is to say, the removal of tartar deposits, accretions and stains from those parts of the surfaces of the teeth which are exposed or which are directly beneath the free margins of the gums, including the application of medicaments appropriate thereto.

   (3) Nothing in this section shall be constructed as preventing—

   (a)   the—

      (i)   performance of any operation or the treatment of any disease, deficiency or lesion of the jaws and soft tissue of the mouth; or

      (ii)   giving of any anaesthetic in connexion with a dental operation; or

      (iii)   performance of any rediographic work, by a medical practitioner in the ordinary course of his practice;

   (b)   the extraction of a tooth—

      (i)   by a medical practitioner, where the services of a dentist are not readily available; or

      (ii)   by any person, where the case is urgent and no registered medical practitioner or dentist is available and the operation is performed without the application of a local or general anaesthetic;

   (c)   the performance in any public service of dental work by any person in accordance with conditions of his employment;

   (d)   the carrying on, in accordance with conditions approved by the Minister, of the practice of dental surgery at any hospital or other institution approved for the purpose of this paragraph by the Minister;

   (e)   the performance, in relation to the practice of dental surgery, of any radiographic work at a hospital or nursing home or at the request or under the direction of a registered medical practitioner or dentist; and

   (f)   the making, repairing or altering of artificial dentures, restorative dental appliances or other similar dental appliances by any person who is registered as a dental technician:

   Provided that nothing in this paragraph shall be construed as permitting a registered dental technician to perform an operation in the mouth of any person including the taking of an impression or a bite.

   (4) The provisions of paragraph (a) of subsection (1) shall not apply in relation to—

   (a)   a body corporate which is a local authority in respect of which there is a dentist appointed, employed or otherwise engaged to supervise the dental services provided by that local authority; or

   (b)   a body corporate which—

      (i)   employs a dentist principally for the purpose of providing dental services for its employees; and

      (ii)   is exempted under subsection (6);

   (c)   any person who, or any body corporate or unincorporate which, establishes a health facility and in respect thereof employs persons registered or otherwise qualified to practise in accordance with this Act and that the health facility so established meets the minimum requirements prescribed by or under this Act or required by the Council for the category of such health facility.

   (5) In paragraph (a) of subsection (4)—

   “local authority” means—

   (a)   a city or municipal council, a town council or a district council, or

   (b)   any other body or organization which the Minister may by notice in the Gazette, declare to be local authority for the purposes of that paragraph.

PART XIII
MISCELLANEOUS PROVISIONS

61.   African systems of therapeutics allowed

    Nothing contained in this Act shall be construed to prohibit or prevent the practice of any African system of therapeutics by any person in Malawi:

   Provided that nothing in this section shall be construed to authorize the performance by a person practising any African system of therapeutics of any act which is dangerous to life.

62.   Exemptions from registration

   (1) Notwithstanding anything to the contrary contained in this Act, if, with the consent of the Chairman of the Council—

   (a)   a registered medical practitioner or dentist calls in as consultant, a medical practitioner or dentist who is neither resident nor registered in Malawi, such consultant shall not be held to require registration in Malawi, in respect of his attendance upon the patient with respect to whom he has been called in consultation;

   (b)   a person registered in any country as a medical practitioner or dentist but who is neither resident nor registered in Malawi and who is called into Malawi on the bona fide request of a patient shall not be held to require registration in Malawi in respect of his attendance on such patient;

   (c)   a person practising a profession or calling in respect of which a register is kept who is neither resident nor registered in Malawi and who is appointed by the Council or other body approved by the Council to conduct an examination in Malawi shall not be held to require registration in Malawi in respect of his duties in connexion with the conduct of such examination;

   (d)   a person practising a profession or calling in respect of which a register is kept under this Act who is—

      (i)   a member of a naval, military, air or police force of a country other than Malawi and temporarily stationed on duty in Malawi; or

      (ii)   a delegate of the International Committee of the Red Cross and has entered Malawi with the consent, or at the invitation, of the Government,

shall not be held to require registration in Malawi in respect of his duties as a member of that force or as such delegate, as the case may be;

   (e)   the Council may exempt from the provisions of this Act regarding registration any person not permanently resident in Malawi who is engaged solely in teaching or research work affecting any or the professions or calling in respect of which a register is kept under this Act for a period not exceeding four months.

   (2) Any prescription or order signed by a person exempted from registration in accordance with subsection (1) and given by him in the course of his practice under that subsection, but not otherwise, shall, for the purposes of any law relating to drugs, have same force and effect as a prescription or order signed by a registered person.

63.   Registered persons becoming unfit to practice

   (1) Whenever there is brought to the notice of the Council an allegation that a registered person has—

   (a)   become mentally or physically disabled to such an extent that it would be contrary to the public interest to allow him to continue to practice; or

   (b)   become unfit to purchase, acquire, keep, use, prescribe, order, supply or possess any drug; or

   (c)   been using a drug in contravention of any law relating to the use of drugs; or

   (d)   become addicted to or dependent upon the use of drugs, the Council shall have power to call for such information and to cause such investigation to be made as it thinks necessary and to seek such legal advice or other assistance as it may require.

   (2) In consequence of an investigation under subsection (1), the Council may—

   (a)   direct that such person shall cease to practice and that his registration be cancelled; or

   (b)   suspend such person from practice for such period, and subject to such conditions, as the Council may determine; or

   (c)   impose such conditions respecting the practise of such person as it may deem necessary and in the event of failure by such person to comply with such conditions, the Council may direct that such person shall cease to practise and that his registration shall be cancelled.

64.   Restoration to register

   Where the name of a person has been erased from the register, the Council may, if it thinks fit, authorize the restoration to the register of the name of such person if representations are made by the person concerned after the expiration of such period as the Council may determine in that particular case.

65.   Burden of proof on unregistered persons

   In any criminal proceedings against any person upon a charge of having performed any act which constitutes an offence under this Act, if performed by a person alleged to be not registered, the person charged shall be deemed to be not registered unless he proved the contrary.

66.   Personation of registered person or misrepresentation

   Any person who impersonates a registered person, shall be guilty of an offence and liable to a fine of K2,000 and to imprisonment for one year.

67.   Registered person using unregistered title or qualification

   A registered person who takes, uses or publishes in any way whatsoever a name, title, description or symbol indicating or calculated to lead any person to infer that he possesses a qualification which relates to a profession or calling in respect of which a register is kept and which is not shown in the register in connexion with his name shall be guilty of an offence and liable to a fine of K1,000 and to imprisonment for one year.

68.   Notification of change of address or death

   (1) A registered person who changes his address shall notify that fact to the Registrar within one month after such change.

   (2) If the registrar of births and deaths receives notice of a death which shows that the deceased belonged to a profession or calling in respect of which a register is kept, he shall forthwith notify the Registrar of such death.

68A.   Closure of premises and seizure of equipment, etc.

   (1) Where the Council believes, on reasonable grounds, that this Act or any regulations made thereunder have been contravened, the Council may, subject to subsection (2), order—

   (a)   the closure of any premises; and

   (b)   the seizure of any equipment, instrument or any other thing,

by means of or in relation to which the Council reasonably believes the contravention was committed.

   (2) The closure of any premises shall cease, and any equipment, instrument or any other thing seized shall not be detained, after the provisions of this Act or any regulations made thereunder have, in the opinion of the Council, been complied with, unless before that time disciplinary or court proceedings, as the case may be, have been instituted in respect of the contravention, in which event the premises shall remain closed and the equipment, instrument or other thing may be detained until the proceedings are finally concluded.

   (3) Where a person has been found guilty of an offence or disciplinary misconduct under this Act or any regulations made thereunder, any equipment, instrument or other thing by means of or in relation to which the offence or misconduct was committed may, in addition to any other penalty imposed by the court or the Council, be forfeited to such person, and may be disposed of in such manner and at such time and place, as the court or the Council, as the case may be, may direct; but no equipment, instrument or other thing shall be disposed of pending an appeal against the decision of the court or the Council or before the time within which the appeal may be taken has expired.

PART XIV
REGULATIONS AND SAVINGS

69.   Regulations

   The Minister may, with the advice of the Council, make regulations for carrying out or giving effect to the provisions of this Act, and without prejudice to the generality of the foregoing such regulations may—

   (a)   prescribe the fees payable—

      (i)   upon registration or renewal of registration in a register; or

      (ii)   on transfer from one register to another register; or

      (iii)   for restoration to a register; or

      (iv)   for registration of an additional or specialist qualification; or

      (v)   for the issue of a duplicate certificate of registration or a certificate extract from a register or other certificate issued by the Registrar; or

      (vi)   in respect of private practice; or

      (vii)   for any other matter under this Act;

   (b)   prescribe the forms required to be prescribed under this Act;

   (c)   prescribe the acts considered to be or not to be acts specially pertaining to profession or calling in respect of which a register is kept under this Act;

   (d)   make provision for the conduct, supervision of private practice and other matters relating thereto; and

   (e)   make provision for the registration, control and regulation of persons who practice professions or callings allied to medicine and dentistry and whose work is concerned closely with the prevention or treatment of any physical or mental ailment in human beings.

70.   Repeal and savings

   Repeal and savings.*

SUBSIDIARY LEGISLATION

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
PRELIMINARY

   1.   Citation

   2.   Interpretation

PART II
ELIGIBILITY FOR A PRIVATE PRACTICE LICENCE

   3.   Eligibility for a private practice licence under Part IX of the Act

   3A.   Specialists engaging in general practice

   4.   Practitioners in public service eligible for a private practice licence

   5.   Absence from active clinical practice

PART III
PRIVATE PRACTICE LICENCE

   6.   Application for issue or renewal of licence

   7.   Form, validity and renewal of licence

   8.   Licence fees

   9.   Replacement of licence

   10.   Number of clinics

   11.   Types of clinics

   12.   Assistants

PART IV
LOCUM PRACTICE

   13.   Locums

PART V
X-RAY FACILITIES AND CLINICAL LABORATORIES

   14.   X-ray facilities

   15.   Clinical laboratories

   16.   Use of X-ray facilities and clinical laboratories for referred cases

   17.   Unlawful use of X-ray facilities or clinical laboratories

PART VI
GENERAL

   18.   The Council to approve premises

   19.   Conditions of licence

   19A.   Council to inspect and register health facilities

   20.   Notification of diseases, etc., and monthly returns

   21.   Restriction on practice outside field of specialization

   22.   Personal conduct

   23.   Manner of indicating name, etc., of the licencee

   24.   Change of premises and other particulars relating to a licence

   25.   Cancellation of licence

   26.   Penalty

PART VII
TRANSITIONAL PROVISIONS

   27.   Transitional provisions

      Schedules

G.N. 127/1988
84/1989
19/1991
120/1993
40/1994
27/1997
30/2004
35/2004
8/2005
48/2007
10/2009
1/2016

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

under s. 69

PART I
PRELIMINARY

1.   Citation

   These Regulations may be cited as the Medical Practitioners and Dentists (Private Practice) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “approved institution” means an institution specified in the First Schedule;

   “institutional facility” means a clinic or dispensary operated by a company or other organization solely for providing services to its employees and any dependants living with the employees;

   “locum” means a medical practitioner or dentist substituting or providing service for another medical practitioner or dentist in the absence of that other;

   “notifiable disease” means a disease specified in the Third Schedule;

   “private practice” means the giving of medical, surgical or dental advice or treatment by a medical practitioner or a dentist for a fee, but does not include such activity if undertaken by a medical practitioner or dentist as part of his duties as an employee at an institution specified in the Sixth Schedule.

PART II
ELIGIBILITY FOR A PRIVATE PRACTICE LICENCE

3.   Eligibility for a private practice licence under Part IX of the Act

   (1) Subject to subregulation (2), no person shall be issued with a licence authorizing him to engage in private practice on his own behalf as a private practitioner or to be employed, either whole time or part-time, as a private practitioner unless he has served as a medical practitioner or dentist in an approved institution for a continuous period of not less than two years.

   (2) Where the Council is satisfied that an applicant for a private practice licence has, from his practice undertaken wholly in another country or partly in Malawi and partly in another country, obtained sufficient experience appropriate to the conditions in Malawi in relation to the kind of private practice in which he intends to engage, the Council may, notwithstanding that the applicant has not served the minimum period specified under subregulation (1), issue to him a private practice licence subject to such conditions as the Council may impose; and the Council may require such conditions to be fulfilled either prior or subsequent to the grant of the licence.

3A.   Specialists engaging in general practice

   All specialists who want to engage in general practice work except for specialists in paediatrics, surgery, medicine and obstetrics and gynaecology shall be required to undergo an orientation for a minimum period of six (6) months at a hospital approved by the Council before being allowed to practice as such.

4.   Practitioners in public service eligible for a private practice licence

   Save as otherwise provided in the contract of employment in the case of a contract or an expatriate officer, a medical practitioner or dentist employed in the public service or other organization owning or operating an establishment specified in the Sixth Schedule shall be eligible for a private practice licence under these Regulations if he satisfies the other requirements of these Regulations, but a licence issued to him shall be subject to such arrangements as may be approved by the Minister (in the case of those in the public service) or by or on behalf of the organization (in the case of those in such other organization) with regard to—

   (a)   the time when such medical practitioner or dentist may or may not engage in private practice;

   (b)   the use, by such medical practitioner or dentist for the purposes of his private practice, of any premises, equipment and facilities within, or forming part of, a hospital, clinic or other health establishment of the Government or of such other organization; and

   (c)   such other matters as deemed expedient in the interest of medical and dental service to the general public.

5.   Absence from active clinical practice

   (1) A medical practitioner or dentist who has been absent from clinical practice for a continuous period of more than three years shall not be eligible for a private practice licence unless immediately prior to the grant of the licence he has undergone full-time clinical orientation at an approved hospital for a period of not less than six months; and such person may be attached to such hospital as an employee or otherwise:

   Provided that nothing in this subregulation shall be construed as imposing an obligation on the Government, the Council, a hospital or any person to employ or otherwise engage any medical practitioner or dentist.

   (2) For the purposes of subregulation (1), a person shall not be considered to have been absent from clinical practice if he satisfies the Council that while substantively engaged on non-clinical duties he was regularly performing clinical duties at an approved institution and the head of that institution certifies to that effect in writing to the Council.

PART III
PRIVATE PRACTICE LICENCE

6.   Application for issue or renewal of licence

   (1) An application for a private practice licence shall be in Form PP 1 set out in the Second Schedule.

   (2) Every application shall be accompanied with the appropriate application and licence fee specified in the Fifth Schedule; but the application fee so paid shall not be refundable.

   (3) An application for renewal of a private practice licence shall be made in writing and submitted to the Registrar thirty days before the expiry of the current licence period; and the Council shall not be obliged to consider an application for renewal if submitted after the thirty days’ period, or may consider such application subject to such conditions as the Council may impose in relation to the operation of the licence or otherwise.

7.   Form, validity and renewal of licence

   (1) Every private practice licence shall be in Form PP 2 set out in the Second Schedule.

   (2) A private practice licence shall be valid from the date of issue to 31st March next following the date of issue and may be renewed from time to time:

   Provided that where the expired period of validity of the licence was twelve months, the licence shall not be renewed unless the Council is satisfied that during the expired period the licensee attended at least one approved conference of the medical profession in Malawi held when he was available to attend.

   (3) The Registrar shall, soon after 31st March every year, publish in the Gazette a list of names, address, callings and other particulars of all persons licensed to operate a private practice for the ensuing period ending 31st March the following years.

8.   Licence fees

   The fees specified in the Fifth Schedule shall be payable in respect of the matters relatively specified in that Schedule.

9.   Replacement of licence

   A licence or a premises registration certificate may be replaced upon proof to the satisfaction of the Registrar that the licence or certificate has been lost, destroyed or defaced and upon payment by the licensee of the replacement fee specified in the Fifth Schedule.

10.   Number of clinics

   (1) Save as provided in subregulation (2), a private practice licence shall authorize the medical practitioner or dentist to whom it is issued to operate his private practice at not more than one place, being the place located at the premises specified in the licence.

   (2) Nothing in subregulation (1) shall be construed as prohibiting a private practitioner from—

   (a)   undertaking clinical visits away from his licensed premises to any hospital, clinic, health centre or other health establishment for the limited purpose of seeing his out-patients or in-patients or conducting any surgical, diagnostic or therapeutic procedures in relation to his patients; and

   (b)   being engaged in a supervisory, advisory, consultative or other appropriate capacity by or for any hospital, clinic or health centre or for the performance of his professional duties.

11.   Types of clinics

   (1) A private practice licence shall authorize the medical practitioner or dentist to whom it is issued to provide either out-patient services or in-patient services or both out-patient and in-patient services.

   (2) A private practice licence shall authorize the medical practitioner or dentist to whom it is issued to provide in-patient services provided he has a minimum of five years experience obtained in a hospital.

12.   Assistants

   (1) A licensee may employ as an assistant any person who has undergone recognized training in medicine, dentistry, nursing or midwifery in an approved training institution and who is not registered as a medical practitioner or dentist, to undertake duties appropriate to his calling under the immediate supervision of the licensee or a medical practitioner or dentist employed by the licensee.

   (2) In the case of in-patient services, an assistant shall include a medical practitioner or dentist who is registered with the Council after successful completion of internship.

   (3) Where, in circumstances other than those of an emergency, any assistant employed by a licensee undertakes or offers to undertake any form of medical or dental treatment independently without the immediate supervision of a medical practitioner or dentist, he shall be guilty of an offence.

PART IV
LOCUM PRACTICE

13.   Locums

   (1) A medical practitioner or dentist who wishes to work as a locum for another medical practitioner or dentist holding a private practice licence shall first satisfy the requirements for his own eligibility for a private practice licence under these Regulations and shall make his application to the Council in writing:

   Provided that in the case of an emergency a medical practitioner or dentist may act as a locum for a period not exceeding fourteen days during which time he shall inform the Council of his action in that behalf and make a formal application under this subregulation.

   (2) Where the duration of a locum practice—

   (a)   is not to exceed sixty days, whether consecutive or cumulative, the Registrar may issue to the applicant a permit in Form PP 3 set out in the Second Schedule authorizing the applicant to practice as a locum, subject to payment of the relevant fee specified in the Third Schedule;

   (b)   is to exceed sixty days, consecutive or cumulative, the applicant shall require to be issued with a private practice licence in accordance with these Regulations.

PART V
X-RAY FACILITIES AND CLINICAL LABORATORIES

14.   X-ray facilities

   (1) A private practice shall not include X-ray facilities, unless the medical practitioner or dentist who carries on the practice or is employed thereat—

   (a)   is himself qualified in the use of ionizing radiation; or

   (b)   employs a radiographer,

and in either case the person referred to in paragraph (a) or (b) personally undertakes the radiological examination of patients.

15.   Clinical laboratories

   A private practice shall not include a clinical laboratory, unless the examination in that laboratory of specimens obtained from patients is—

   (a)   undertaken personally by the licensee or a medical practitioner or a qualified medical laboratory assistant, technician or technologist employed thereat; and

   (b)   limited to the purposes of undertaking minimum investigations required for the diagnosis of his patients.

16.   Use of X-ray facilities and clinical laboratories for referred cases

   (1) The X-ray facilities or a clinical laboratory of a private practice operated by a medical practitioner or dentist may be used for referred cases of another medical practitioner or dentist only upon satisfactory proof that the patients concerned are patients of that other medical practitioner or dentist and that the examination is to be limited to the purposes specified in regulation 15 (b).

17.   Unlawful use of X-ray facilities or clinical laboratories

   Any person who uses the X-ray facilities or a clinical laboratory of a private practice—

   (a)   for the examination of any person, or specimens from any person, who is not a patient of the private practice concerned or who has not been referred thereto in accordance with subregulation (1); or

   (b)   otherwise than in accordance with the provisions of this Part,

shall be guilty of an offence and liable to a penalty of K20,000 and to one month imprisonment.

PART VI
GENERAL

18.   The Council to approve premises

   (1) No private practitioner shall operate a private practice unless the premises at which the private practice is to be or is being operated have been approved by the Council.

   (2) For the purpose of the Council’s approval under subregulation (1), a person applying for a private practice licence or for a renewal thereof shall, when making his application, separately apply in writing for the Council’s approval of the premises used or to be used for his private practice; and the Council shall not be obliged to consider his application for a private practice licence before it approves the premises.

   (3) The Council shall keep and maintain a register of all premises approved by the Council under this regulation and shall issue in respect of every such premises a registration certificate in Form PP 5A set out in the Second Schedule which shall be renewable annually upon payment, by the private practitioner concerned, of the application and premises registration fees specified in the Fifth Schedule but the application fee so paid shall not be refundable, and the Council shall once every year publish in the Gazette the list of all premises registered under this subregulation.

19.   Conditions of licence

   Every private practice licence shall be issued subject to any special condition endorsed thereon by the Council and to the following general conditions, that is to say—

   (a)   that the premises used for the private practice are—

      (i)   at all times kept in good order and good state of repair and are kept reasonably secure from unauthorized entry;

      (ii)   not to be used as residential premises except with the permission in writing of the Council;

   (b)   that the premises and the private practice shall be open at any reasonable time for inspection by any person duly authorized in that behalf by the Council; and any person who willfully obstructs or hinders any such duly authorized person from conducting the inspection shall be guilty of an offence and liable to a penalty of K40,000 and one year imprisonment;

   (c)   that the premises and the private practice conform to the minimum standards and facilities specified—

      (i)   in Part I of the Fourth Schedule in respect of a private practice providing out-patient services only;

      (ii)   in Part II of the Fourth Schedule in respect of a private practice providing in-patient services,

and further conform to any public health requirements prescribed by or under the Public Health Act or any other written law; and

   (d)   that by reason of proximity of his place of residence to the premises of his private practice, the licensee is able to be in regular attendance at his private practice during the hours it is open to the general public.

19A.   Council to inspect and register health facilities

   (1) In the exercise of its powers of inspection, the Council shall at least once every year undertake visits to every health facility in Malawi and the Council shall, unless Regulations made under the Act otherwise provide, prescribe in respect of every such facility the minimum requirements and standards of practice according to its class as determined by the Council.

   (2) The Council shall keep and maintain a register of all health facilities in Malawi and shall once every year publish in the Gazette the list of all registered health facilities.

   (3) There shall be payable annually to the Council in respect of every health facility in Malawi the premises registration fees specified in the Fifth Schedule.

20.   Notification of diseases, etc., and monthly returns

Every licensee shall—

   (a)   immediately upon treating any person for, or identifying any person as having, any notifiable disease specified in the Third Schedule at his private practice, notify the Secretary for Health, either directly or through such health officers as the Secretary for Health may designate, of such disease and the treatment, if any, given to such person;

   (b)   immediately upon the occurrence of the death of any patient at his private practice, notify the police of the event of such death and furnish to them all relevant information concerning the death;

   (c)   submit to the Secretary for Health monthly returns in Form PP 4 or Form PP 5, as the case may be, set out in the Second Schedule with particulars of diseases, ailments or injuries treated by him in his private practice.

21.   Restriction on practice outside field of specialization

   No licensee or locum, and no assistant employed at the private practice of the licensee, shall engage in practice outside his area of specialization or professional or technical competence except—

   (a)   in cases of emergency; or

   (b)   in cases where practitioners with requisite specialization are not reasonably available,

and it shall be the duty of the licensee to ensure strict observation of this regulation:

   Provided that a person registered under the Specialist Register kept by the Council under section 18 of the Act and in accordance with the provisions of the Medical Practitioners and Dentists (Specialist Register) (Qualifications) Rules, 1988, shall be deemed also to possess the professional competence of a general practitioner.

22.   Personal conduct

   Every licensee shall at all times whilst on duty be dressed and groomed and generally conduct himself in such a manner as to portray to the public a respectable image of himself and the profession he is practising and observe the standards of ethics of his profession.

23.   Manner of indicating name, etc., of the licensee

   A licensee shall indicate his name and qualifications on the outside of the premises of his private practice in an unostentatious manner and in accordance with item 4 of Part IA of the Fourth Schedule, modified as the case may be.

24.   Change of premises and other particulars relating to a licence

   On application by a licensee, the Council may in writing authorize change of premises or other particulars of the licensee and in such event, either—

   (a)   the written authority of the Council shall be attached to the licence; or

   (b)   the Council may as it sees fit direct that the licence be replaced to reflect the new premises or particulars, subject to payment by the licensee of the replacement fee specified in the Fifth Schedule.

25.   Cancellation of licence

   For the purpose of cancelling a private practice licence under section 38 (3) of the Act the expression “good cause” shall include—

   (a)   failure by the licensee to comply with the provisions of the Act or of these Regulations or any other subsidiary legislation made under the Act;

   (b)   contravention by the licensee of any condition imposed under the licence;

   (c)   cancellation of the licensee’s registration under the Act as a medical practitioner or dentist;

   (d)   willful obstruction or hindrance by the licensee or his employee of a duly authorized person from inspecting the licensee’s premises or private practice, whether or not proceedings for an offence arising therefrom are pending; and

   (e)   conviction for an offence under the Act, these Regulations or any other subsidiary legislation made under the Act.

26.   Penalty

   Where a person is guilty of an offence under these Regulations for which no penalty is specifically provided, he shall be liable to a fine of K500.

PART VII
TRANSITIONAL PROVISIONS

27.   Transitional provisions

   (1) Notwithstanding regulation 3 (1) a person who at the commencement of these Regulations was operating, or was engaged in, a private practice in Malawi as a medical practitioner or dentist shall be deemed eligible for a private practice licence under these Regulations and may continue with his practice until 31st March, 1989, after which date he shall not so practice except under a licence issued under these Regulations.

   (2) Notwithstanding regulation 8 (1), in the case of a medical practitioner or dentist who at the commencement of these Regulations was operating his private practice at more than one place he may continue with his private practice at each of those places until 31st March, 1989, after which date he may be licensed in respect only of one place specified in the licence.

   (3) A person who contravenes subregulation (1) or (2) shall be guilty of an offence.

FIRST SCHEDULE

APPROVED INSTITUTIONS

   Any hospital with the following Specialists—

   (a)   Paediatrician;

   (b)   Physician;

   (c)   Obstetrician and Gynaecologist; and

   (d)   Surgeon

SECOND SCHEDULE

FORMS

   Form of Application for a Private Practice Licence.

FORM PP 1

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

APPLICATION FOR A PRIVATE PRACTICE LICENCE

(Regulation 6)

   1. Surname: ............................................................ and
(where applicable) maiden name: ..............................................

   2. Other names: .........................................................

   3. Address: .............................................................

   .......................................................................

   4. Place and date of birth: ..................................................

   .......................................................................

   5. Nationality: ............................................................

   6. Registration No. and Date ...............................................

   .......................................................................

   7. Particulars of Experience (e.g. posts held and types of practice in which the applicant has been engaged and countries in which the applicant has practised):

   Medicine ...............................................................

   .......................................................................

   Surgery ................................................................

   Paediatrics .............................................................

   Obstetrics and Gynaecology ...............................................

   .......................................................................

   Others (please specify) ...................................................

   .......................................................................

   Dentistry ...............................................................

   8. Do you propose to practise on your own behalf or to be employed whole-time or part-time by a private practitioner (give details)

   .......................................................................

   .......................................................................

   .......................................................................

   .......................................................................

   .......................................................................

   9. What type of practice do you propose to engage in—

   Specialist or General Practice? .............................................

   If Specialist, specify the discipline: ..........................................

   .......................................................................

   10. Place of practice (give details of District, Town, City or Municipality and plot number)

   .......................................................................

   .......................................................................

   .......................................................................

   .......................................................................

   .......................................................................

   .......................................................................

Signature of Applicant .....................................

   Date ..................................

   Form of a Private Practice Licence

FORM PP 2

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

PRIVATE PRACTICE LICENCE

(Regulation 7)

   LICENCE No.: ........................................

   ............................................................ (full name of Licensee with titles and qualifications held) is hereby licensed to engage in private practice on his/her own behalf or employed—

   (a)   as a ................................................... (see note (1))

   (b)   of ..................................................... (see note (2))

   (c)   at ..................................................... (see note (3))

   Date of issue ...........................

....................................
Registrar                     

....................................
Chairman                     

SPECIAL CONDITIONS

1.   .......................................................................

2.   .......................................................................

3.   .......................................................................

4.   .......................................................................

   NOTES:

   (1)   State whether Medical Practitioner or Dentist.

   (2)   Specify the nature, i.e., whether General Practice or Specialist Practice. If Specialist Practice, specify speciality.

   (3)   Description of the premises relating to the Licence.

   Form of permit relating to Locum Practice

FORM PP 3

(Regulation 13)

THE MEDICAL COUNCIL OF MALAWI

P.O. Box 30787

CAPITAL CITY

LILONGWE 3

MALAWI

   Ref. No. .........................

Date ..............................

   Dr. ..............................

(Registration No. ...................)

   Address: ..................................................

            ..................................................

            ..................................................

   Sir,

RE: YOUR APPLICATION FOR LOCUM PRACTICE

   I acknowledge your letter dated .............................................
Ref. No. ....................................................... applying for locum practice.

   Permission is hereby granted for you to work as a locum in the place of Dr. ...................................... at his (hospital, clinic, surgery, etc.) during his absence from .......................... to ...............................

Yours faithfully

Registrar

   Forms of Medical Statistical Returns

FORM PP 4

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS PRIVATE) PRACTICE) REGULATIONS

MONTHLY RETURN OF OUT-PATIENTS

(under regulation 20)

   Month of .................................................., 19 .......

   Name of Private Practice ................................................

   Address .............................................................

   Instructions:—

   1. Two copies of this return should be completed and sent to your District Health Officer (DHO) not later than 7th day of the following month. The DHO will forward one copy to the Secretary for Health.

   2. Only new patients attending your practice should be entered and each patient should be entered only once. If a patient has more than one diagnosis, enter him under the one that caused him to come for treatment.

   3. Subsequent attendances need not be reported any more.

   4. Make as complete a diagnosis as possible. Wherever possible, a diagnosis should be entered under category 1–12. If the diagnosis does not fall into any of these categories, then enter it under any one of the categories.

   Date ..........................

........................................
Medical Practitioner / Dentist         

   Forwarded to Secretary for Health by:

   Date ..........................

........................................
District Health Officer                  

(Official stamp)

OUT-PATIENT MONTHLY REPORT FORM

   Name of Clinic, Private Practice ....................................... month of ..............................., 19 ..........

Diagnosis abbreviations

Under 5

5 and over

Total

1.

Cholera

2.

Diarrhoea

3.

Whooping cough

4.

Chickenpox

5.

Measles

6.

Malaria

7.

Gonorrhoea

8.

Syphilis

9.

Other venereal diseases

10.

Bilharzia

11.

Malnutrition

12.

Diseases of the eye

13.

Diseases of the ear

14.

Gynaecological

15.

Hookworm and other helimithiasis

16.

Dental diseases

17.

Scabies

18.

Other conditions of the skin

19.

Meningitis

20.

Hypertension

21.

Upper respiratory infection

22.

Lower respiratory infection

23.

Tuberculosis

24.

Abdomen and Gastrointenstinal

25.

Genito-urinary tract

26.

Muscles/Skeleton

27.

Traumatic conditions

28.

Other diagnosis

29.

III defined

30.

Referrals

TOTAL

Re-attendances

Number of Out-Patients

Attending Clinic/Hospital

This Year for the first time

   Comments: ............................................................

   ......................................................................

   ......................................................................

Compiled by: .......................

Signature: ........................

Name of Officer: .....................

Date of Report: ......................

FORM PP 5

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

MONTHLY RETURN OF IN-PATIENTS

(under regulation 20)

   Month of ................................................, 19 .......

   Name of Private Practice .............................................

   Address ...........................................................

   Signature of Medical Practitioner/Dentist ................................

   Instructions for completion:

   (1)   The morbidity return should show all patients who have left the hospital during the month (i.e. discharged, absconded or died).

   (2)   The diagnosis should be the final diagnosis. Therefore every patient should be entered only once. No multiple diagnosis is required.

   (3)   Part I of this form is compiled in accordance with the WHO list of 70 causes for the tabulation of morbidity in Volume I of the International Classification of Diseases (1965 Revision). The serial numbers C1, C2, etc., refer to this list. The small 3-figure numbers are the detailed list numbers and indicate which diseases fall in the categories of the C list.

   (4)   If in difficulty in deciding under which category a disease should be entered, look up the diagnosis in the Alphabetic Index of the International Classification of Diseases and find the “detailed list numbers”.

   (5)   The number of patients admitted should be found in a wardbook.

   (6)   In-patient days is obtained by totalling the number of in-patients each day of the month. The figures should be obtained from the ward records.

   (7)   Patients who are admitted following road traffic accidents should be entered twice: first by nature of injury and second under road transport accidents.

   (8)   Submit two copies and return to your District Health Officer (DHO) not later than the 7th day of the following month. The DHO will forward one copy to the Secretary for Health.

I: MORBIDITY AND MORTALITY RETURN

Code

Diseases

IN-PATIENTS

Under 1 year

1–4 years

5–14 years

15–44 years

45 years and over

Total

All Patients

Died

All Patients

Died

Male

Female

Died

Male

Female

Died

Male

Female

Died

Patients

Died

I

Infective and parasitic diseases

C 1

Typhoid, paratyphoid fever and other salmonella infections 001–003

C 2

Bacillary dysentry and amoebiasis 004,006

C 3

Enteritis and other diarrhoeal diseases 008,009

C 4

Tuberculosis of respiratory system 010–012

C 5

Other tuberculosis including late effects 013–019

C 7

Diphtheria 032

C 8

Whooping cough 033

C 9

0 Streptococcal sore throat and scarlet fever 034

1 Tetanus 037

C 10

Smallpox 050

C 11

Measles 055

C 13

Infectious hepatitis 070

C 15

0 Cerebral malaria 084

1 Other malaria 084

C 16

Syphilis and late effects 090–097

C 17

Gonococcal infections 098

C 18

0 Schistosomiasis 120

1 Ancylostomiasis (hookworm) 126

2 Other helminthiases 121–125,127–129

C 19

All other infective and parasitic diseases, remainder of 000–136

II

Neoplasms

C 20

Malignant neoplasms 140–209

C 21

Benign neoplasms and neoplasms of unspecified nature 210–239

III

Endocrine, nutritional and metabolic diseases

C 22

Thyrotoxicosis with or without goitre 242

C 23

Diabetes mellitus 250

C 24

Avitaminosis and other nutritional deficiency 260–269

C 25

Other endocrine and metabolic diseases
240, 241, 243–246, 251–258, 270–299

IV

Diseases of blood and forming organs

C 26

Anaemias 280–285

V

Mental disorders

C 27

O Psychose and non-psychotic mental disorders 290–309

1 Epilepsy 345

VI

Diseases of nervous system and sense organs

C 28

Inflamatory diseases of eye 360–369

C 29

Cataract 374

C 30

Otitis media and mastoiditis 381–383

C 31

Other diseases of nervous system and sense organs 320–344, 346–358, 370–373 375–380, 384–390

VII

Diseases of the circulatory system

C 32

Active rheumatic fever 390–392

C 33

Chronic rheumatic heart disease 393–398

C 34

Hypertensive disease 400–404

C 35

Ischaemic heart disease 410–414

C 36

Cerebrovascular disease 430–438

C 37

Venous thrombosis and embolism 450–453

C 38

Other diseases of circulatory system 420–429, 440–448, 464–458

VIII

Diseases of the respiratory system

C 39

Acute upper respiratory infection 460–466, 470–474

C 41

Pneumonia 480–486

C 42

Bronchitis, emphysema and asthma 490–493

C 43

Hypertophy of tonsils and adenoids 500

C 44

Pneumoconioses and related diseases 515–516

C 45

Other diseases of respiratory system 510–514, 517–519

IX

Diseases of digestive system

C 46

Diseases of teeth and supporting structures 520–525

C 47

Peptic ulcer 531–533

C 48

Appendicitis 540–543

C 49

Intestinal obstruction and hernia 550–553,560

C 51

Other diseases of digestive system 526–530, 534–537, 561–577

X

Diseases of genito-urinary system

C 52

Nephritis and nephrosis 580–584

C 53

0 Calculus of urinary system 592–594

1 Other diseases of urinary system 590, 591, 595–599

C 55

0 Cysts and other diseases of breast 610, 611

1 Infectious diseases of female organs (excl. V.D.) 612–614, 616, 620, 622, 629–631

2 Other diseases of female organs, remainder of 620–629

3 Diseases of male genital organs (excel. V.D.) 600–607

XI

Delivery and complications of pregnancy, childbirth and the puerperium

C 56

Abortion 640–645

C 57

Other complications of pregnancy, child birth and pureperium 630–639, 651–678

C 58

Delivery without mention of complication 650

XII

Diseases of the skin and subcutaneous tissue

C 59

Infections of skin and subcutaneous tissue 680–686

C 60

Other diseases of skin and subcutaneous tissue 690–709

XIII

Diseases of musculo skeletal system and connective tissue

C 61

Arthritis and spondylitis 710–715

C 62

Other diseases of musculoskeletal system and connective tissue 716–738

XVI

Other diseases

C 63

Congenital anomalies 740–759

C 64

Certain causes of perinatal morbidity 760–799

C 65

Other specified and ill-defined diseases 286–289, 310–315, 780–796

XV

Accident, etc. (Nature of injury)

CN 66

Fractures N800–N829

CN 67

Intracranial and internal injuries N850–N869

CN 68

Burn N940–N949

CN 69

Adverse effects of chemicals substances N960–N989

CN 70

All other injuries N830–N848, N870–N939, N950–N959, N990–N999

CE 66

Road transport accidents

II: WORKLOAD

Patients admitted

In-patient days

Full pay

Reduced fee

Free

Total

Full pay

Reduced fee

Free

Total

Surgical Ward

Male

Female

Medical Ward

Male

Female

Children’s Ward

Maternity Ward

Other Wards

Number of major operations

   Form of a Premises Registration Certificate.

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

PREMISES REGISTRATION CERTIFICATE

(Regulation 18 (3))

   CERTIFICATE No. ...................................

   This is to certify that the Medical Council of Malawi has approved the use of the premises situated at ............................... in the District/City/Municipality/Township of ..................................................................... by ...................................................................... as

(Name of practitioner)

   .......................................................................

(Nature of private practice)

   LICENCE No. ............................

   Dated ...............................

................................
Registrar                  

THIRD SCHEDULE

NOTIFIABLE DISEASES

   1. Cholera

   2. Typhoid fever

   3. Meningitis

   4. Tuberculosis

   5. Acute poliomyelitis

   6. Rabies

   7. Trypanosomiasis

   8. Measles

   9. Acute placid paralysis

   10. Viral haemorrhagic fever

   11. Plague (Bubonic or Pneumonic)

   12. Shigellosis.

FOURTH SCHEDULE

MINIMUM REQUIREMENTS FOR A PRIVATE PRACTICE

PART I
FOR A PRIVATE PRACTICE PROVIDING OUT-PATIENT SERVICE ONLY

   A. MEDICAL PRACTITIONERS

   1. PREMISES—

   (1) Premises should contain the following accommodation—

   (a)   a waiting room;

   (b)   a consulting room which should be reasonably soundproofed so that conversations taking place therein are not easily audible outside the consulting room;

   (c)   an examination room which should be either a separate room or a curtained-off part of a consulting room;

   (d)   a treatment room in which such procedures as the giving of medications and the carrying out of minor surgical operations can be undertaken; and

   (e)   adequate toilet facilities.

   (2) All rooms should be clean and adequately furnished, and—

   (a)   there should be sufficient sitting accommodation in the waiting room for the size of the practice;

   (b)   the consulting room should have a desk for the practitioner, a chair for the practitioner and at least two or three chairs for the patient and persons accompanying the patient; and further, a consulting room should have a facility for the practitioner to wash his hands. For example, where there is no running water there should be a wash-basin with a jug of water which is periodically drained, cleaned and topped up; and

   (c)   there should be an examination couch in the consulting or examination room and another couch in the treatment room and the couches ought to be so designed that it is easy for an infirm patient to get on to them, and further there should be adequate lighting, either daylight or artificial light, to enable the practitioner to see his patient fully.

   2. EQUIPMENT—

   The practitioner shall have the following equipment available at his private practice—

   (a)   diagnostic instruments such as stethoscope, syphygmomanometer, foetal stethoscope, torch, patella hammer, auroscope, opthalmoscope, proctoscope, vaginal speculum, disposable tongue depressors;

   (b)   instruments for carrying out certain procedures, for example, draining absesses and stitching wounds;

   (c)   sterilizers for surgical instruments and containers, etc.;

   (d)   a facility to examine urine on the premises, as for example, by the use of “labstix” or equivalent reagents;

   (e)   a cabinet for patients’ records;

   (f)   a refrigerator for the storage of drugs requiring refrigeration;

   (g)   resuscitation equipment;

   (h)   appropriate and current reference books for the practice; and

   (i)   two bins for the disposal of waste, one of which shall be for the disposal of sharp instruments and the other for the disposal of waste material in either case using an incinerator of the ordinary type or of a 44-gallon drum with specifications approved by the Council.

   3. STOCKING OF DRUGS

   (1) Subject to the relevant provisions of the Pharmacy, Medicines and Poisons Act, the Practitioner should attempt to keep in his premises a stock of those essential drugs which he considers should be administered to his patients in his premises and especially if his practice is not in a location where there may be dispensing pharmacy. The range of drugs that he should have is wide, but he ought to have at least the following—

   (a)   injections of analgesics (for example, pethidine, morphine, etc.); and

   (b)   antibiotics, antihistamines, bronchodilators, antiemetics, anti-spamodics, local anaesthetics and corticosteroids.

   (2) For the purpose of administering injections, a practitioner should have sterile syringes and needles, or standard and surgical spirit or other appropriate skin antiseptic.

   (3) The practitioner should provide himself with a bag which he can carry with him when visiting patients or when travelling or to be available for him to use whenever his services may be needed. The bag should contain, as a minimum, the following—

   (a)   such drugs as injections of analgesics, antibiotics, bronchodilators, tranquilizers, local anaesthetics, antispasmodics, antiemetics and similar drugs; and

   (b)   oral preparations such as antipyretics, analgesics, gastrointestinal sedatives, antihistamines, bronchodilators, antibiotics, muscle relaxants, and others.

   (4) For the purpose of the doctor’s bag, it should be the practice to carry disposable syringes and needles rather than steel and glass syringes which require sterilization. The bag will be adequately furnished if it carries a supply of 2 ml disposable syringes and 25 g (1 in.) and 21 g (1½ inches) disposable needles. Practitioners shall take steps to destroy all disposable equipment to avoid their possible re-use.

   4. APPROVED DESCRIPTION OF NAME—

   DR./MR ................................................. M.B.B.S., B.D.S.* MEDICAL PRACTITIONER/DENTIST

or

   DR./MR. .................................................. M.B.B.S., D.C.H., M.R.C.P.; F.R.C.S., M.Med.; F.R.C.P., etc.*

   (Specify the Specialist: PHYSICIAN, PAEDIATRICIAN, OBSTETRICIAN/GYNAECOLOGIST, etc., as recognized under the Medical Practitioners and Dentists (Specialist Register) (Qualifications) Rules.

   B. DENTISTS

   1. WAITING ROOM: With basic furniture, and other necessary facilities.

   2. LABORATORY/WORKSHOP:

   (1) Basic laboratory requirements, as follows—

   (a)   investing flasks;

   (b)   press and clamp;

   (c)   polishing motor;

   (d)   laboratory motor and hand piece;

   (e)   bunsen burner;

   (f)   pliers, wax, knife, etc.

   (g)   denture materials;

   (h)   plaster for models; and

   (i)   polishing brushes, cone felt, etc.

   (2) Basic requirements in filling materials—

   (a)   Amalgams

   (b)   Dental cements as follows—

      (i)   zinc oxide engenel;

      (ii)   zinc and copper phosphates;

      (iii)   calcium, hydroxides;

      (iv)   silicate and silicophosphate cements; and

      (v)   composites.

   3. TOILET: This should have a wash basin and water-borne sanitation.

   4. SURGERY: The dental surgery should consist of the following basic essentials, as a minimum—

   (a)   dental unit with low and high speed drills which are water cooled;

   (b)   wash-basin with running water;

   (c)   sterilizer unit;

   (d)   cabinet with basic dental instruments;

   (e)   basic drugs and medicaments used in dentistry including antimicrobials, corticosteroids, analgesics, haemostatic and anaesthetic drugs, in addition to antiseptics disinfectants;

   (f)   lockable cabinet, containing essential emergency drugs;

   (g)   emergency oxygen cylinder; and

   (h)   cabinet for patients records and card system.

   5. INTRAORAL RADIOLOGICAL UNIT: This unit must be available at every dental surgery.

   6. WET WASTE DISPOSAL EQUIPMENT: This should consist of two bins, one of which shall be for the disposal of sharp instruments and the other for the disposal of waste material, in either case using an incinerator of the ordinary type or of a 44-gallon drum with specifications approved by the Council.

   7. Appropriate and current reference books.

   8. REFRIGERATOR: This should be available for the storage of drugs requiring refrigeration.

   C. OPHTHALMOLOGISTS

   The Ophthalmologist would need the following in the clinic—

   1. a good light source;

   2. ophthalmoscope;

   3. schiotz tonometer;

   4. magnifying loopes;

   5. Bp machine;

   6. snellen chart;

   7. trial flame;

   8. slit lamp;

   9. epilation forceps;

   10. artery forceps;

   11. lid retractors;

   12. blade holder;

   13. gallipots; and

   14. cannulas for syringing.

   All conditions including refractive errors which do not require surgery can be treated in the out-patient set up. However, the following surgical procedures can be done in the clinic—

   1. epilation;

   2. I & D for stye and lid abscess;

   3. removal of foreign body;

   4. removal of sutures;

   5. corneal scrapings; and

   6. syringing of the punctum.

PART II
FOR A PRIVATE PRACTICE PROVIDING IN-PATIENT SERVICE

(In this Part referred to as a “Private Hospital”.)

   All the requirements specified in Part I of this Schedule and, in addition, the following requirements shall, subject to these Regulations, be observed for the relevant departments—

   1. LABORATORY

   Private hospitals should have clinical laboratories located within the premises to be staffed by suitably qualified personnel depending on the type of services offered.

   (1) Premises—

   (a)   permanent building material;

   (b)   adequate size for tests to be carried out;

   (c)   adequate lighting;

   (d)   good ventilation;

   (e)   each room must have a fire extinguisher;

   (f)   supply of running water with wash basin;

   (g)   bench tops must be made of cleanable and non-corrosive materials;

   (h)   a specimen reception area for preparation and performance of tests;

   (i)   toilet facilities for patients;

   (j)   waiting room for patients; and

   (k)   a place for handling dangerous specimens.

   (2) Laboratory Tests and Equipment—

   The range of tests to be performed includes—

   (a)   Haematology

      Haemoglobin—colorimetric;

      White cell count—manual;

      Hematocrit—centrifugal;

      White cell—differential count.

   (b)   Parasitology

      Routine urinalysis;

      Examination of stool for cysts and parasites;

      Blood films for malaria parasites;

   (c)   Bacteriology

      Gram stains;

      Acid fast bacilli staining;

      Culture and sensitivity;

   (d)   Bio-chemistry

      The laboratory may be able to do—

      Blood and CSF proteins-colorimetric;

      Birilibin—colorimetric is recommended;

      Urea—colorimetric is recommended;

      The laboratory should be able to do blood and CSF glucose.

   (e)   Serology

      The laboratory may do—

      VDRL tests for syphilis;

      pregnancy test; and HIV tests.

   (3) Blood Transfusion—

   All private hospitals should have facilities for blood grouping and cross-matching.

   (4) Laboratory equipment and other procedures—

   (a)   laboratory equipment should be appropriate for the range of tests to be performed;

   (b)   the equipment should be regularly serviced;

   (c)   every laboratory should be able to participate in the national laboratory quality assurance scheme (where any has been established with approval of the Council) to ensure that standards are maintained; and

   (d)   all tests done in the laboratory should be properly documented and monthly returns should be made to the Secretary for Health.

   2. OPERATING THEATRE:

   All categories of private hospitals may have a suitable operating theatre approved by the Council from time to time.

   3. WARDS:

   Minimum requirements are—

   (a)   where there are open wards at least 2 rooms for isolation as necessary;

   (b)   there should be 1 toilet to 10 patients with separation of male and female toilets;

   (c)   a curtain or other partitions, etc., to separate beds;

   (d)   an admissions/examination room;

   (e)   a separate maternity room to be provided where such services are offered with a delivery room which shall consist of a delivery bed/couch, suction machine, nursery and a vacuum extractor;

   (f)   at least one nurses station in every ward; and

   (g)   there shall be a wash hand basin within the wards of the hospital.

   4. KITCHEN:

   (a)   where food is provided, necessary equipment for providing the food should be available depending on the size of the hospital and a balanced diet should be provided; and

   (b)   the kitchen must always be kept clean and hygienic.

   5. LAUNDRY:

   Private hospitals should provide a suitable area for washing, hanging and ironing linen. Hospital linen supplies must be adequate to meet the needs in the wards.

   6. PATIENTS’ UNIFORM:

   Every private hospital should provide uniform to be worn by patients in the hospital. The hospital should also provide separate space for storage of the patients’ clothes.

   7. IN-SERVICE TRAINING:

   All professional and technical staff should be given the opportunity for in-service training in their fields at regular intervals.

   8. PHARMACY:

   (1) it should be of adequate size for the practice;

   (2) the internal walls and the floors should be easily cleanable;

   (3) it should be partitioned in such a way that there will be enough storage space and a dispensing area where prescription drugs can be collected;

   (4) it should be constructed in such a manner that moisture is excluded;

   (5) it should be adequately lit with approved fittings so as to facilitate easy identification of drugs;

   (6) it should have a provision of wash basin;

   (7) it should have cold storage facilities for storing heat sensitive drugs;

   (8) it should be kept free of vermin;

   (9) all areas in the pharmacy should be adequately and suitably shelved to enable proper and hygienic storage of drugs and any other items stored therein;

   (10) all drug containers should be clearly labelled;

   (11) the doors and windows or any other openings in the pharmacy should be properly and adequately secured;

   (12) access to the pharmacy area shall be strictly limited to authorized personnel only;

   (13) the pharmacy should be staffed by persons with adequate and approved pharmaceutical training as required by the Pharmacy, Medicines and Poisons Act;

   (14) proper inventory should be maintained of all drugs kept in the pharmacy;

   (15) the pharmacy should at all times be kept clean and tidy;

   (16) a prescription record should be maintained in the pharmacy;

   (17) all drugs should be dispensed in clean and tidy containers which shall bear the name and strength of the drug, quantity dispensed, directions for use, name of hospital, name of patient and expiry date; and

   (18) a lockable controlled drug cupboard and register for such drugs should be provided to avoid abuse.

   9. MORTUARY:

   Where a private hospital has a mortuary the mortuary shall be in a separate building, preferably with a cold room.

   10. PREMISES:

   (1) General cleanliness of the hospital—

      (i)   hospital grounds should always be kept clean;

      (ii)   dust bins should be emptied at least twice a week for appropriate final disposal of waste; and

      (iii)   an adequate number of ward attendants should be employed to keep the wards and floors always clean.

   (2) Toilet Facilities:

   The Toilet/patient ratio should be 1–10.

   (3) Floor Area:

   Minimum floor area should be 4 square metres for patient’s bed to facilitate movement.

   (4) Lighting and Ventilation—

      (i)   minimum of 1/10 floor area should be provided for ventilation and half of it shall be made openable for lighting; and

      (ii)   permanent ventilation should be made available by provision of air vents on opposite walls.

   (5) Prevention of Fire and Fire Fighting Facilities—

      (i)   fire-extinguishers should be provided at appropriate points;

      (ii)   emergency exit doors should be provided; and

      (iii)   wherever possible alarm system should be provided.

   (6) Water Supply:

      (i)   adequate running water supply;

      (ii)   provision of wash basins in the treatment, examination and consultation room; and

      (iii)   water drums could be used for storing water.

   11. STAFFING LEVELS:

   (1) All staff working in private hospitals should be registered with the appropriate authorities—

   (a)   doctor/clinical officer to patient ratio should be 1–50;

   (b)   general nurse to patient ratio should be 1–10;

   (c)   nurse/midwife working in maternity shall be 1–7; and

   (d)   minimum of two clinicians.

   (2) Ward attendants, cleaners and labourers:

   Private hospitals should engage an adequate number of such personnel to keep the hospital premises clean at all times.

   (3) Watchmen:

   An adequate number of watchmen should be engaged for the size of the hospital.

   (4) Other Support Staff:

   Other support staff should be engaged to suit the size of the hospital.

   12. STERILIZATION:

   (1) All private hospitals should provide adequate sterilization equipment having regard to the size of the hospital.

   (2) Both hot water and cold water should be available in a running state.

   13. MINIMUM STANDARD EQUIPMENT:

   (1) wheel chair:

   (2) emergency drug tray;

   (3) resuscitation equipment;

   (4) supply of oxygen;

   (5) blood pressure machine;

   (6) suction machines;

   (7) patient’s stretcher;

   (8) a designated vehicle for transporting referred patients to other hospitals;

   (9) diagnostic sets;

   (10) lockable drug cabinet;

   (11) ECG machine (optional); and

   (12) weighing scales and thermometers.

FIFTH SCHEDULE

LICENCE AND PREMISES REGISTRATION FEES

for those with more than 50 beds:

Matter

Fee

K

t

1.

For an application for a private practice licence in the case of—

(a)

Doctors/Dentists or Opticians

60,000

00

(b)

Specialists (full time)

70,000

00

(c)

Specialists (part time)

70,000

00

(d)

Specialists (licence only)

70,000

00

(e)

Doctors, Dentists or Opticians (licence only)

60,000

00

2.

For a private practice licence—

(a)

in the case of Doctors, Dentists or Opticians:

(i)

upon issue

60,000

00

(ii)

upon every renewal

60,000

00

(b)

in the case of Specialists (full time):

(i)

upon issue

60,000

00

(ii)

upon every renewal

80,000

00

(c)

in the case of Specialists (part time):

(i)

upon issue

60,000

00

(ii)

upon every renewal

80,000

00

(d)

in the case of locum permit

60,000

00

(e)

Specialists (licence only):

(i)

upon issue

60,000

00

(ii)

upon renewal

80,000

00

(f)

Doctors/Dentists or Opticians (licence only):

(i)

upon issue

60,000

00

(ii)

upon renewal

60,000

00

3.

For an application for registration of premises for private practice providing out-patient services only, in the case of—

(a)

Institutional facility

60,000

00

(b)

Institutional facility (fee paying)

100,000

00

(c)

Doctors, Dentists or Opticians

70,000

00

(d)

Specialists

100,000

00

4.

For registration of premises for private practice providing out-patient services only—

(a)

in the case of institutional facility (non-fee paying):

(i)

upon issue

40,000

00

(ii)

upon every renewal

80,000

00

(b)

in the case of institutional facility (fee paying):

(i)

upon issue

150,000

00

(ii)

upon every renewal

80,000

00

(c)

in the case of Doctors, Dentists or Opticians:

(i)

upon issue

60,000

00

(ii)

upon every renewal

100,000

00

(d)

in the case of Specialists (full time):

(i)

upon issue

70,000

00

(ii)

upon every renewal

120,000

00

(e)

in case of Specialists (part time):

(i)

upon issue

70,000

00

(ii)

upon every renewal

120,000

00

5.

For an application for registration of premises for private practice providing in and out-patient services—

(a)

for those with not more than 10 beds

160,000

00

(b)

for those with 11-25 beds

160,000

00

(c)

for those with 26-50 beds

160,000

00

(d)

for those with more than 50 beds

360,000

00

(e)

for commercial ambulance

100,000

00

6.

For registration of premises for private practice providing out-patient and in-patient services—

(a)

for those with not more than 10 beds:

(i)

upon issue

100,000

00

(ii)

upon every renewal

200,000

00

(b)

for those with 11-25 beds:

(i)

upon issue

140,000

00

(ii)

upon every renewal

250,000

00

(c)

for those with 26-50 beds:

(i)

upon issue

180,000

00

(ii)

upon every renewal

300,000

00

(d)

(i)

upon issue

240,000

00

(ii)

upon every renewal

400,000

00

(e)

for commercial ambulance:

(i)

upon issue

100,000

00

(ii)

upon every renewal

100,000

00

7.

For replacement of private practice licence or premises registration certificate

20,000

00

8.

For transfer of premises

Treat as new premises

In this schedule—

   "Institutional facility" means a clinic or dispensary operated by a company or other organization solely for providing services to its employees and their dependants living with the employees.

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (PRIVATE PRACTICE) REGULATIONS

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Interpretation

   3.   Paramedicals and allied health professionals may engage in private practice

   4.   Absence from active practice

   5.   Type and number of clinics

   6.   Practice Licence

   7.   Applications

   8.   Licences

   9.   Conditions of licence

   10.   Range of drugs

   11.   Fees chargeable by licensee

   12.   Employment of assistants

   13.   Notifiable diseases and monthly returns

   14.   Locums

   15.   Offences and penalty

      First Schedule—Prescribed callings for Private Practice Licence

      Second Schedule—Forms

      Third Schedule—Scope of services to be rendered

      Fourth Schedule—Minimum requirements for Private Practice Clinics of Paramedicals and Allied Health Professions

      Fifth Schedule—Licence and Premises Fees

      Sixth Schedule—Maximum Fees chargeable for services rendered

G.N. 128/1988
82/1989
18/1991
121/1993
122/1993
25/1997
29/2004
33/2004
9/2005
50/2007
12/2009

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (PRIVATE PRACTICE) REGULATIONS

under s. 69

1.   Citation

   These Regulations may be cited as the Paramedicals and Allied Health Professionals (Private Practice) Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “approved institution” means a hospital or other health establishment recognized by the Council under subregulation (2) of regulation 3 as an approved institution for the purposes of subregulation (1) of that regulation.

3.   Paramedicals and allied health professionals may engage in private practice

   (1) Save as provided in subregulation (3), a person registered under the Medical Practitioners and Dentists (Registration and Miscellaneous Fees) Regulations as a paramedical or an allied health professional in a calling specified in the First Schedule hereto may be licensed by the Council to operate a private practice appropriate to his calling if he has served in an approved institution—

   (a)   in the case of Clinical Officers and Dental Therapists, six years experience;

   (b)   in the case of Medical Assistants, eight years experience;

   (c)   in the case of Dental Technicians, Laboratory Technicians, Physiotherapists, Opticians and other Allied Health Professionals, two years experience.

   (2) For the purpose of subregulation (1) the Council may, under its working procedures, recognize as approved institutions particular hospitals or other health establishments in Malawi or outside Malawi:

   Provided that in the case of an applicant whose service was wholly or for a greater part undertaken outside Malawi, the Council may require him to undergo either—

   (a)   properly supervised orientation in his calling for such period and subject to such conditions as the Council may generally or specially deem appropriate;

   (b)   an oral examination or a written examination or both; or

   (c)   a combination of (a) and (b).

   (3) Special medical assistants and clinical officers who want to engage in general clinical work shall be required to undergo an orientation for a minimum period of six (6) months at a hospital approved by the Council before being allowed to practice as such.

4.   Absence from active practice

   No person shall be eligible for a licence under regulation 3 if immediately prior to making his application he has been absent from the practice of his calling for a continuous period—

   (a)   exceeding three years but not exceeding five years, unless immediately prior to the grant of the licence he has undergone full-time orientation; or

   (b)   exceeding five years but not exceeding ten years, unless he has passed an oral examination or a written examination or both conducted for the purpose by or on behalf of the Council and subsequent thereto he has undergone full-time orientation, in either case for a period of not less than six months at an approved institution in Malawi under the supervision of a medical practitioner or dentist or other suitable person, as the case may be; and

   (c)   exceeding ten years.

5.   Type and number of clinics

   (1) No person shall be licensed under these Regulations to operate more than one private practice and such practice shall be operated solely at the premises named in the licence.

   (2) A licence issued under these Regulations shall authorize the licensee to operate only an out-patient private practice and to provide only the services of a kind appropriate to his calling and limited in scope to the extent, if any, specified in Part I of the Third Schedule except in the case of general Clinical Officers the Council may authorize the licensee to operate an in-patient private practice under conditions that the Council may determine from time to time.

6.   Practice Licence

   The Council may licence an applicant to operate his practice in such place subject to such special conditions as the Council may impose having regard, among other factors, to the need to foster and ensure wider distribution of medical and health services in Malawi or in any locality concerned.

7.   Applications

   (1) Every application for a licence under these Regulations shall be in Form PP 6 set out in the Second Schedule and shall be accompanied with the application fee and the licence fee specified in the Fifth Schedule.

   (2) The application fee payable under subregulation (1) shall not be refundable, whether or not the licence is granted.

   (3) The Registrar shall, soon after 31st March every year, publish in the Gazette a list of names, addresses, callings and other particulars of all persons licensed to operate a private practice for the ensuing period ending 31st March the following year.

8.   Licences

   (1) Every licence issued under these Regulations—

   (a)   shall be in Form PP 7 set out in the Second Schedule;

   (b)   shall be valid from the date of issue to 31st March next following the date of issue; and

   (c)   may, subject to subregulation (2), be renewed from time to time upon payment by the licensee of the appropriate annual licence fee specified in the Fifth Schedule.

   (2) Where the expired period of validity of a licence was twelve months the licence shall not be renewed, unless the Council is satisfied that during the expired period the licensee attended at least one approved conference of the medical profession held in Malawi at a time when he was available to attend.

9.   Conditions of licence

   (1) Every licence issued under these Regulations shall be subject to any special condition endorsed thereon by the Council and to the following general conditions, that is to say—

   (a)   that the premises used for the private practice are—

      (i)   at all times kept in good order and good state of repair and are kept reasonably secure from unauthorized entry;

      (ii)   not to be used as residential premises except with the permission of the Council.

      (iii)   in conformity with the minimum requirements, if any, specified in the Fourth Schedule in relation to the particular calling;

   (b)   that the premises and the private practice shall be open at any reasonable time for inspection by any person duly authorized in that behalf by the Council;

   (c)   that by reason of proximity of his place of residence to the premises of his private practice, the licensee is able to be in regular attendance at his private practice during the hours it is open to the general public.

   (2) A person who willfully obstructs any person duly authorized by the Council to inspect the premises of a licensed private practice shall be guilty of an offence.

   (3) In relation to an application for a private practice licence, the Council may issue a letter in Form PP 9 set out in the Second Schedule.

   (4) The Council shall keep and maintain a register of all premises approved by the Council for the private practice of paramedicals and allied health professionals and shall issue in respect of every such premises a registration certificate in Form PP 10 set out in the Second Schedule upon payment by the licensee of the premises application and registration fees specified in the Fifth Schedule, but the application fee so paid shall not be refundable, and the Council shall once every year publish in the Gazette the list of all premises registered under this subregulation.

10.   Range of drugs

   The drugs to be administered by a person licensed under these Regulations shall be those specified in Part II of the Third Schedule in relation to a particular calling.

11.   Replacement of licence or certificate

   A licence or a premises registration certificate may be replaced upon proof to the satisfaction of the Registrar that the licence or certificate is lost, destroyed or defaced and upon payment by the licensee of the replacement fee specified in the Fifth Schedule.

12.   Employment of assistants

   A licensee may employ as assistants only such persons as are properly trained and qualified for the duties they are required to perform in relation to the practice operated by the licensee and where registration under any written law is required for the performance of such duties, no person shall be so employed unless duly registered under such written law.

13.   Notifiable diseases and monthly returns

   Regulation 20 (providing for notification of certain diseases and submission of monthly returns) regulation 22 (relating to the personal conduct of a licensee) and regulation 23 (providing for the manner of indicating name and other particulars of a licensee) of the Medical Practitioners and Dentists (Private Practice) Regulations, shall apply, mutatis mutandis, to a person licensed under these Regulations as if they were provisions made under these Regulations.

14.   Locums

   (1) A Paramedical or Allied Health Professional who wishes to work as a locum for another Paramedical or Allied Health Professional holding a private practice licence shall first satisfy the requirements for his own eligibility for a private practice licence under these Regulations and shall make his application to the Council in writing:

   Provided that in the case of an emergency, a Paramedical or Allied Health Professional may act as a locum for a period not exceeding fourteen days during which time he shall inform the Council of his action in that behalf and make a formal application under this subregulation.

   (2) Where the duration of a locum practice is not to exceed ninety days, whether consecutive or cumulative, the Registrar may issue to the applicant a permit in Form PP 3 set out in the Second Schedule authorizing the applicant to practice as a locum, subject to payment of the relevant fee specified in the Fifth Schedule.

15.   Offences and penalty

   (1) A person who contravenes the provisions of these Regulations shall be guilty of an offence.

   (2) A person guilty of an offence under these Regulations for which no other penalty is provided shall be liable to a fine of K40,000 and to imprisonment for two years.

FIRST SCHEDULE

PRESCRIBED CALLINGS FOR PRIVATE PRACTICE LICENCE

   1. Medical Assistants

   2. Clinical Officers

   3. Dental Technicians

   4. Physiotherapists

   5. Opticians

   6. Laboratory Technicians

   7. Docters of Osteopathy

   8. Laboratory Assistants

   9. Dental Therapists

   10. Dental Assistants

   11. Radiographers

   12. Radiography Technicians

   13. Sonographers

   14. Laboratory Technologists

SECOND SCHEDULE

FORMS

   Form of Application for a licence

FORM PP 6

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (PRIVATE PRACTICE) REGULATIONS

APPLICATION FOR A LICENCE

(Regulation 7)

PARTICULARS OF THE APPLICANT

   1. Name (in full): ...................................................... and
(Where applicable) maiden name: ...........................................

   2. Address: ..........................................................

   .....................................................................

   .....................................................................

   3. Registered under the Register of ........................................

   Registration No. .......................................................

   4. Former Employer(s): ..................................................

   .....................................................................

   .....................................................................

   5. Period of employment as paramedical or allied health professional: ............

   .....................................................................

   .....................................................................

   6. Particulars of experience in the following domains—

   (a)   surgery: ...............................................................................................

   (b)   paediatrics: ..........................................................................................

   (c)   obstetrics and gynaecology: ..................................................................

   (d)   medicine: .............................................................................................

   7. Reasons for termination of employment: ..................................

   .....................................................................

    (If other than retirement give brief details): ..................................

PARTICULARS OF THE PRIVATE PRACTICE APPLIED FOR

   8. To engage in private practice (specify the calling) ..........................

   .....................................................................

   9. Place (including plot number where applicable) ............................

   .....................................................................

   10. *District/Municipality/City: ............................................

   .....................................................................

   11. Supporting documents attached, if any:

   (1)   ..............................................................

   (2)   ...............................................................

   (3)   ...............................................................

   Dated: ................................., 20 .....

Signed .............................
Applicant            

   FOR OFFICIAL USE

   Application fee paid: K ..........................

Form of Licence

FORM PP 7

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS(PRIVATE PRACTICE) REGULATIONS

LICENCE

(under regulation 8)

LICENCE NO. ............................................

....................................................... (full name of licensee) is hereby licensed to operate a private practice as .............................. at
.............................. in the *District/Municipality/City of ........................................................................

Date of issue: .........................................

.................................
Registrar               

.................................
Chairman               

SPECIAL CONDITIONS

(under regulation 9 (1))

1.   ....................................................................

2.   ....................................................................

3.   ....................................................................

4.   ....................................................................

Form of Statutory Declaration

FORM PP 8

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (PRIVATE PRACTICE) REGULATIONS

STATUTORY DECLARATION

(under regulation 6)

I, (1) .............................................................., a registered (2) .................................................... Reg. No. ..............................., having applied to the Council for a private practice licence under the above cited Regulations, do ................. solemnly and sincerely declare as follows—

   THAT my normal place of residence in Malawi is at .................... (3) Plot No. .......................... in the *Municipality/City of ....................... and that I hold the same in my name under a freehold*/leasehold title number ......... and do live in it with my immediate family.

FORM PP 9

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (PRIVATE PRACTICE) REGULATIONS

(Regulation 9 (3))

To WHOM IT MAY CONCERN

This is to certify that the Medical Council of Malawi intends to license
(name of applicant ......................................................... of
(address) ......................................................... to engage in private practice as a (nature of private practice) .................................. at
(place) ......................................... in the *District/Municipality/City of ...............................

Date: ................................

...................................
Registrar                        

FORM PP 10

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (PRIVATE PRACTICE) REGULATIONS

PREMISES REGISTRATION CERTIFICATE

(Regulation 9 (4))

CERTIFICATE NO. ..........................................

This is to certify that the Medical Council of Malawi has approved the use of the premises situated at .............................. in the *District/City/Municipality/Township of ..........................................................................

by .......................................................................

(name of licensee)

as .......................................................................

(nature of practice)

under Licence No. ............................................

Date: .........................................

....................................
Registrar                        

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths, Affirmations and Declarations Act (Cap. 4:07).

Signed: .............................
Applicant                     

   Declared at ................. this ............... day of ............, 20 ....

BEFORE me: ..........................
Commissioner for Oaths      

NOTES:


(1)   Name of applicant.


(2)   Specify the calling in which registered (i.e. whether Medical Assistant, Clinical Officer or Dental Technician).


(3)   Specify the particular location in the City or Municipality where residing.

THIRD SCHEDULE

PART I
SCOPE OF SERVICES TO BE RENDERED

A.   MEDICAL ASSISTANTS AND CLINICAL OFFICERS

   (1)   Medical Services:

      Treatment of common and simple diseases and ailments.

   (2)   Surgical Procedures—

   (a)   suturing of minor lacerations;

   (b)   removal of foreign body from the nose;

   (c)   incision drainage of carbuncle abscess;

   (d)   ear syringing;

   (e)   wound dressing;

   (f)   catheterization;

   (g)   nasogastic tube insertion; and

   (h)   other procedures related to first aid;

B.   DENTAL TECHNICIANS

   Fabrication of dental appliances as prescribed by a dentist and in no case shall a dental technician take impressions or insert appliances in a patient’s mouth.

C.   PHYSIOTHERAPISTS

   Such services as are professionally limited to the calling of a physiotherapist.

D.   OPTICIANS

   Such services as are professionally limited to the calling of an optician.

E.   DOCTORS OF OSTEOPATHY

   Such services as are professionally limited to the calling of a doctor of osteopathy.

F.   DENTAL THERAPISTS AND DENTAL ASSISTANTS

   (a)   tooth extractions;

   (b)   simple restoration of tooth cavities using amalgam, composite chemically cured, glass ionometer;

   (c)   X-ray—bite wings and periapicals;

   (d)   intra oral incision and drainage; and

   (e)   history, examination and diagnosis, dental health education and oral prophylaxis.

G.   DENTAL TECHNICIANS

   Fabrication of dental appliances in prosthetics, orthodontics, restorative dentistry and any other work as prescribed by a dentist.

H.   RADIOGRAPHERS AND RADIOGRAPHY TECHNICIANS

   (a)   skeletal imaging;

   (b)   chest imaging;

   (c)   abdomen and pelvis imaging; and

   (d)   contrast studies in the company of attending Physician.

I.   SONOGRAPHERS

   (a)   ultra sound of abdomen;

   (b)   ultra sound of pelvis;

   (c)   ultra sound of cardiac; and

   (d)   ultra sound—guided aspiration/biopsy in the company of attending Physician.

PART II
RANGE OF DRUGS

A. CLINICAL OFFICERS

   A Clinical Officer licensed for private practice may administer only the following range of drugs—

Drug

Dose Form

1.

LOCAL ANAESTHETICS

(a)

Lignocaine hydrochloride

injection 2% 25 ml

(b)

Lignocaine hydrochloride

jelly 2% 30 g

(c)

Lignocaine hydrochloride + Adrenaline

2% + 1/80,000 dental cartridges

2.

ANALGESICS ANTIPYRETICS AND RELATED AGENTS

(a)

Acid acetylsalicylic

tablets 300 mg (Aspirin)

(b)

Acid acetylsalicylic

tablets 75 mg (Aspirin)

(c)

Methyl salicylate

liniment 24%

(d)

Paracetamol

tablets 500 mg

(e)

Paracetamol

syrup 120 mg/5 ml

(f)

Indomethacin

tablet 25 mg

(g)

Diclofenac

tablet 25 mg

(h)

Ibruprofen

tablet 200 mg

(i)

Codeine

tablet 30 mg

3.

ANTIHISTAMINES

(a)

Chlorpheniramine malcate

tables 4 mg

(b)

Promethazine hydrochloride

tablets 25 mg

(c)

Promethazine hydrochloride

syrup 5 mg/5 ml

(d)

Astemizole

tablets 10 mg

4.

ANTIEPILEPTICS

(a)

Paraldehyde

injection 10 ml

(b)

Phenobarbitone sodium

tablets 30 mg and 60 mg

(c)

Phenytoin sodium

tablets 25 mg and 100 mg

5.

ANTI-INFECTIVE AGENTS

(1)

Antihelmintic Agent—

(a)

Albendazole

tablets 200 mg

(b)

Mebendazole

tablet 100 mg

(c)

Levamisole

tablet 40 mg

(2)

Antischistosomal Agents—

(a)

Metrifonate

tablets 100 mg

(b)

Praziquantel

tablets 600 mg

(3)

Antibacterial Agents—

(a)

Penicillins:

(i)

Penicillin G potassium/sodium
(penicillin crystalline/Benzylpenicillin)

injection 600 mg
(1 mega unit)

(ii)

Penicillin G procaine
(Benzylpenicillin procaine/procaine penicillin)

injection 300 mg/ml
(300,000 u/ml) 10 ml and 100 ml

(iii)

Penicillin V
(Phenoxymethyl-penicillin

tablets 250 mg

(iv)

Penicillin V
(Phenoxymethyl-penicillin)

suspension 125 mg
5 ml

(v)

Benzatine benzyl-penicilline

injection, 1.44 g
vial PFR (2.4 MU)

(vi)

Amoxycillin

capsule 250 mg

(vii)

Amoxycillin

Elixir 125 mg/5 ml

(viii)

Cloxacillin

capsule 250 mg

(ix)

Ampicillin

capsule 250 mg/
elixir 125 mg/5 ml

(x)

Chloramphenicol

capsule 250 mg/
syrup 125 mg/5 ml

(b)

Other Antibacterial Drugs:

(i)

Co-trimoxazole

tablets 480 mg
(suphamethoxazole
400 mg + trimethoprim 80 mg)

(ii)

Co-trimoxazole

tablets 240 mg
(sulphamethoxazole 200 mg + trimethoprim 40 mg

(iii)

Erythromycin

tablet, e/c 250 mg base

(iv)

Gentamycin

injection 40 mg (as sulphate)/ml, 2 ml vial

(v)

Metronidazole

tablet 200 mg

(vi)

Doxcycline

tablet/capsule 100 mg

(vii)

Nalidixic

tablet 500 mg

(viii)

Sulphadimadine

tablets 500 mg

(3)

Antifungal Agents—

(a)

Nystatin

oral suspension 100,000 units/ml

(b)

Nystatin

pessaries 100,000 units (with applicator)

(c)

Nysatin

tablet 500,000 units

(d)

Gentian violet 0.5%

paint (aqueous)

(4)

Amoebicide:

Metranidazole

tablets 200 mg

(5)

Antimalarials—

(a)

Pyrimethamine + sulphadoxine

tablets 25 mg pyrimethamin sulphadoxine 500 mg

(b)

Halfantrine

tablet 250 mg/ suspension 125/5 ml

(c)

Quinine sulphate

tablets 300 mg

(d)

Quinine dihydrochloride

injection 300 mg/ml,
2 ml amp.

6.

ANTIANAEMIA AGENTS

(a)

Folic acid

tablets 5 mg

(b)

Ferrous sulphate

tablets 200 mg

(c)

Ferrous sulphate

mixture, paediatric 60 mg/5 ml

(d)

Ferrous sulphate with folic

tablet

7.

ANTIHYPERTENSIVE AGENTS

(a)

Propranolol Hcl

tablet, 40 mg

(b)

Methyldopa

tablets 125 mg,
250mg, 500mg

(c)

Bendrofluziade

tablet 5 mg

(d)

Hydrochlothiazide

tablet 25 mg

8.

CARDIAC GLYCOSIDES

(a)

Digoxin

tablets 25 micrograms
elixir

(b)

Digoxin

50 micrograms/ml

9.

AGENT USED IN ANAPHYLAXIS

Adrenaline

injection 1/1,000 1 ml

10.

DERMATOLOGICAL PREPARATIONS

(1)

Antifungal Agents—

(a)

Acid benzoic 6%+Acid salicylic 3%

ointment 50 g

(b)

Sodium thiosulphate

crystals 30 g

(c)

Nystatin

Cream

(d)

Iconazole

Cream

(e)

Miconazole

Cream

(f)

Ketaconazole

Cream/tablets

(2)

Anti-infective and Cleansing Agents—

(a)

Acid salicylic 5% + Sulphur 5%

ointment 50 g (with emulsifying ointment base)

(b)

Alcohol 70% (or surgical spirit)

500 ml

(c)

Gentian violet 0.5% (crystal violet)

paint 20 ml (aqueous)

(d)

Iodine, weak

solution 500 ml

(e)

Potassium permanganate concentrate 3%

solution for dilution 500 ml

(f)

Zinc paste compound + precipitated sulphur 5%

paste 100 mg

(g)

Zinc ointment + precipitated sulphur 5%

ointment 50 g

(h)

Hydrocortisone 1 %

cream 30 g

(i)

Oral gel

Gel

(j)

Cotrimazole

Cream

(3)

Anti-inflamatory and Antipruritic Agents—

(a)

Calamine

lotion 100 ml

(b)

Hydrocortisone 1%

cream 30 g

(4)

Keratoplastics and Keratolytic—

(a)

Acid salicylic 5% in alcohol 70%

lotion 100 ml

(b)

Acid salicylic 2% + Sulphur 2% + Coal tar solution 15% in Soap spirit

shampoo 100 ml

(c)

Zinc paste compound + Crude coal tar 5%

paste 100 g

(5)

Scabicides and Pediculocides—

(a)

Benzyl benzoate 25%

application 100 ml

(b)

Benzyl benzoate 12.5%

application 50 ml

(6)

Other preparations—

(a)

Ethyl chloride

spray unit

(b)

Paraffin gauze

dressing

(c)

Silver nitrate

stick toughened (pencil)

11.

DISINFECTANTS

(a)

Cetrimide + Chlorheixidine

solution concentrate
15%+1.5%

(b)

Disinfectant, black

solution

(c)

Hypochloride

solution

12.

DIAGNOSTIC SUBSTANCES

(a)

Clinistix (glucose in urine)

strips

(b)

Dextrostix (glucose in blood)

strips

(c)

Haemastix (blood in urine)

strips

(d)

Ictotest (bilirubin in urine)

tablets

(e)

Keto-diastix (ketone bodies/glucose in urine)

strips

(f)

Uristix (protein/glucose in urine)

strips

(g)

Pregnancy test

strips

13.

IMMUNOLOGICAL DIAGNOSTIC AGENT

Tuberculin

PPD

14.

DIURETIC

(a)

Bendrofluazide

tablets 5 mg

(b)

Frusemide

tablet 40 mg/i.m

(c)

Hydrochlothiazide

tablet 25 mg

15.

GASTROINTESTINAL AGENTS

(1)

Antiacids and other Antiulcer Agents—

(a)

Magnesium hydroxide

mixture equivalent to Magnesium oxide 550 mg/10 ml

(b)

Magnesium trisilicate co

tablets (chewable)

(c)

Cemetidine

tablet 200/400 mg

(d)

Ratidin

150/300 mg

(2)

Antispasmodic Agent—

(a)

Propantheline bromide

tablets 15 mg

(b)

Hyoscine Butylbromide

tablet 10 mg

(3)

Cathartic Agents—

(a)

Cascara

tablets 120 mg

(b)

Glycerine

suppository, child (2 g)

(c)

Glycerol

suppository, adult (4 g)

(d)

Magnesium sulphate

mixture 4 g/10 ml

(e)

Bisacodyl

tablet

(4)

Replacement Fluids and Electrolytes—

(a)

Oral rehydration salts

Powder in sachet for
1 litre (per litre):
Sodium chloride 3.5 g
Trisodium citrate 2.9 g
Potassium chloride 2.5 g
Glucose 20 g

(b)

Sodium lactate compound
(Ringer’s solution)

IV infusion 1 litre

(c)

1 strength Darrow’s solution in 5% dextrose

IV infusion 1 litre

(d)

Thanzi ORS

Powder in sachet

16.

CONTRACEPTIVES

All oral contraceptives except permanent ones

17.

SERA AND IMMUNOGLOBULINS

(a)

Antirabies hyperimmune serum

injection 1,000 IU/5 ml

(b)

Antisnake bite (antivenom) serum

injection

(c)

Antitetanus toxoid

injection

18.

OPHTHALMOLOGICAL PREPARATIONS

Anti-infectives—

(a)

Chloramphenical

eye ointment 1.0% 3.5 g

(b)

Tetracycline

eye ointment 1.0% 3.5 g

(c)

Hydrocortisone

Eye ointment 1%

(d)

Gentamycin

Eye ointment 1%

19.

PSYCHOTHERAPEUTIC AGENT

(a)

Chloropromazine

tablets 10 mg

(b)

Chloropromazine

25mg, 100 mg

20.

RESPIRATORY AGENTS

(1)

Antiasthmatic Agents—

(a)

Aminophylline

tablets 100 mg

(b)

Aminophylline

injection IV 25 mg/ml 10 ml

(c)

Aminophylline

elixir 50 mg/5 ml

(d)

Salbutamol

tablets 2 mg and 4 mg

(e)

Salbutamol

syrup 2 mg/5 ml

(f)

Nebuliser Salbutamol

Salbutamol Nebuliser

21.

REPLACEMENT FLUIDS—ELECTROLYTES

(1)

Oral Preparations—

(a)

Oral rehydration salts (ORS)

powder in sachet for 1 litre

(b)

Potassium chloride

tablets 450 mg (slow release)

(2)

Parenteral Preparations

(a)

Dextrose

IV infusion 5% litre

(b)

Dextrose

injection 50% 20 ml

(c)

½ strength Darrow’s in 5% dextrose

IV infusion 1 litre

(d)

Sodium lactate compound (Ringer’s solution)

IV infusion 1 litre

(e)

Water for injection

IV 5 ml

(f)

Water for injection

IV 10 ml

22.

VITAMINS AND MINERALS

(a)

Vitamin A

Capsule

(b)

Vitamin B Compound

tablet/injection

(c)

Vitamin multiple

paediatric drops

(d)

Vitamin multiple

paediatric syrup

23.

PREPARATIONS FOR EAR NOSE AND OROPHARYNX

(1)

Ear Preparations—

(a)

Aluminium acetate

ear drops 13%

(b)

Chloramphenicol

ear drops 1%

(c)

Neomycin + Corticosteroid

ear drops

(d)

Sodium bicarbonate

ear drops 5%

(e)

Spirit (alcohol)

ear drops 5%

(f)

Gentian violet

paint 0.5% (aqueous)

(g)

Wax softening drops

ear drops

(2)

Nasal Preparations—

(a)

Adrenaline

solution 1/1,000

(b)

Silver nitrate

caustic pencil

(c)

Nasal decongestants

(3)

Oropharyngeal Preparations—

(a)

Gentian violet

paint 0.5 (aqueous)

(b)

Nystatin

oral suspension 100,000 units/ml

(c)

Thymol

mouthwash solution tablet

B. MEDICAL ASSISTANTS

   A medical assistant licensed for private practice may administer only the following range of drugs—

Drug

Dose Form

1.

LOCAL ANAESTHETICS

(a)

Lignocaine hydrochloride + Adrenaline

2% + 1/80,000 dental cartridges

(b)

Lignocaine hydrochloride

jelly 2% 30 g

(c)

Lignocaine hydrochloride

injection 2% 25 ml

2.

ANALGESICS, ANTIPYRETICS AND RELATED AGENTS

(a)

Acid acetysalicylic

tablets 300 mg (Aspirin)

(b)

Acid acetysalicylic

tablets 75 mg (Aspirin)

(c)

Methyl salicylate

liniment 25%

(d)

Paracetamol

tablets 500 mg

(e)

Paracetamol

syrup 120 mg/5 ml

3.

ANTIHISTAMINES

(a)

Promethazine hydrochloride

tablets 25 mg

(b)

Promethazine hydrochloride

syrup 5 mg/ml

(c)

Mepyrarnine Meleate

tablet 25 mg

4.

ANTI-EPILEPTICS

(a)

Paraldehyde

injection 10 ml

(b)

Phenobarbitone

tablets 30 mg, and 60 mg

5.

ANTI-INFECTIVE AGENTS

(1)

Antihelmintic Agent—

(a)

Albendazole

tablets 200 mg

(b)

Mebendazole

tablets 200 mg

(c)

Levamisole (Ketrax)

tablets 40 mg

(2)

Antischistosomal Agents—

(a)

Metrifonate

tablets 100 mg

(b)

Praziquantel

tablets 600 mg

(3)

Antibacterial Agents—

(a)

Penicillins:

(i)

Penicillin G Potassium/sodium (penicillin) crystalline/Benzylpenicilli)

injection 600 mg (1 mega unit)

(ii)

Penicillin G procaine (Benzyl penicillin) procaine/procaine penicillin) and—100 ml

injection 300 mg/ml (300,000 u/ml) 10 ml

(iii)

Penicillin V (Phenoxymethylpenicillin) tablets

250 mg

(iv)

Penicillin V (Phenoxymethylpenicillin)

suspension 125 mg/5 ml

(v)

Benzathine benzylpenicillin

injection, 1.44 g vial PFR (2.4 MU)

(vi)

Amoxycillin

Capsule 250 mg

(vii)

Amoxycillin

Elixir 125 mg/5 ml

(viii)

Ampicillin

Capsule 250 mg/Elixir 125 mg/5 ml

(b)

Other Antibacterial Drugs:

(i)

Sulphadimidine

tablets 500 mg

(ii)

Co-trimoxazole

tablets 480 mg (sulphamethoxazole 200 + trimethoprim 80 mg)

(iii)

Co-trimoxazole

tablets 240 mg (sulphamethaxazole 200 mg + trimethoprim 40 mg)

(iv)

Doxycycline

capsules or tablets 100 mg

(4)

Antifungal Agents—

(a)

Gentian violet 0.5%

paint (aqueous)

(b)

Nystatin

suspension 100,000 u/ml

(5)

Antimalarials—

(a)

Pyrimethamine + sulphadoxine

tablets 25 mg
pyrimethamine + sulphadoxine 500 mg

(b)

Proguanil Hcl

tablet 100 mg suspension 125/5ml

(c)

Quinine sulphate

tablets 300 mg

(d)

Quinine dihydrochloride

injection 300 mg/ml, 2 ml amp.

6.

ANTIANAEMIA AGENTS

(a)

Folic acid

tablets 5 mg

(b)

Ferrous sulphate

tablets 200 mg

(c)

Ferrous sulphate

mixture, paediatric 60 mg/ 5 ml

(d)

Ferrous sulphate with folic acid

tablet

7.

DERMATOLOGICAL PREPARATIONS

(1)

Antifungal Agents—

(a)

benzoic 6% + Acid salicylic 3%

ointment 50g

(b)

Sodium thiosulphate

crystals

(2)

Anti-infective and Cleansing Agents—

(a)

Alcohol 70% (or surgical spirit)

500 ml

(b)

Gentian violet 0.5%

paint 200 ml (aqueous)

(c)

Potassium permanganate concentrate 3%

solution for dilution 500 ml

(d)

Iodine, weak

solution

(e)

Zinc paste compound + precipitate sulphur 5%

paste

(f)

Zinc paste compound + precipitate sulphur 5%

ointment

(g)

Hydrocortisone 1%

cream 30 mg

(3)

Anti-inflamatory and Antipruritic Agents—

(a)

Calamine

lotion 100 ml

(b)

Hydrocortisone 1%

cream 30 mg

(4)

Keratoplastics and Keratolytics—

(a)

Acid salicylic 5% in alcohol

lotion

(b)

Acid salicylic 2% + sulphur 2% + Coal tar solution 15% in soap spirit

Shampoo 100 ml

(c)

Zinc paste compound + crude coal tar 5%

paste

(5)

Scabicides and Pediculocides—

(a)

Benzyl benzoate 25%

application 100 ml

(b)

Benzyl benzoate 12.5%

application 50 ml

(6)

Other Preparations—

(a)

Ethyl chloride

spray

(b)

Paraffin gauze

dressing

(c)

Silver nitrate

stick toughened
(pencil)

8.

DISINFECTANTS

(a)

Centrimide + Chlorhexide

solution concentrate 15% = 1.5%

(b)

Disinfectant black

solution

(c)

Chlorine

solution

9.

GASTROINTESTINAL AGENTS

(1)

Antacids and other Antiulcer Agents—

(a)

Magnesium hydroxide

mixture equivalent to Magnesium oxide 550 mg/10ml

(b)

Magnesium trisilicate co.

tablets (chewable)

(2)

Antispasmodic Agent—

(a)

Propantheline bromide

tablet 15 mg

(b)

Hyoscine butylbromide

tablet 10 mg

(3)

Cathartic Agents

(a)

cascara

tablet 120 mg

(b)

Glycerol

suppository child 2 mg

(c)

Glycerol

suppository adult 4 mg

(d)

Magnesium sulphate

mixture 4 mg/10 ml

(e)

Biascodyl

tablet 5 mg

(4)

Diarrhoea Agents used in Replacement Solutions—

(a)

Oral rehydration salts

powder in sachet for 1 litre (per litre Sodium Chloride 3.5 g, Trisodium citrate 2.9 g, Potassium chloride 1.5 g, Glucose 20 g)

(b)

Sodium lactate compound IV infusion

1 litre

(c)

1 strength Darrow’s solution in 5% Dextrose

IV infusion 1 litre

10.

OPHTHALMOLOGICAL PREPARATIONS

Anti-infectives—

(a)

Chloramphenicol

eye ointment 1.0% 3.5 g

(b)

Tetracycline

eye ointment 1.0% 3.5 g

11.

PSYCHOTHERAPEUTIC AGENTS

(a)

Chlorpromazine

tablets 10 mg, 25 mg

(b)

Chlorpromazine

injection 2.5% (25 mg/ml 2ml)

12.

RESPIRATORY AGENTS

(1)

Antiliasthmatic Agents—

(a)

Aminophylline

tablets 100 mg

(b)

Aminophylline

injection IV 25 mg/10 ml

(c)

Aminophylline

Elixir 50 mg/5 ml

(d)

Salbutamol

tablet 2 mg and 4 mg

(e)

Salbutamol

syrup 2 mg/5 ml

(f)

Theophylline

syrup 125 mg/5 ml

(g)

Adrenaline

injection

(h)

Salbutamol sulphate

Aerosol inhalation 100 microgram/dose, 200 dose unit

(2)

Antitussive Agents—

(a)

Simple linctus, adult

linctus

(b)

Simple linctus, paediatric

linctus

13.

REPLACEMENT FLUIDS—ELECTROLYTES

Parenteral Preparations—

(a)

Dextrose

IV 5% 1 litre

(b)

Sodium lactate compound (Ringer’s solution)

IV infusion 1 litre

(c)

1 strength Darrow’s solution

IV solution 1 litre

14.

VITAMINS AND MINERALS

(a)

Vitamins, multivite

tablets

(b)

Vitamins, multivite

syrup

(c)

Vitamin B compound

tablet

(d)

Vitamin A

capsule 200,000 IU

(e)

Pyridoxine Hcl

tablet 20 mg

(f)

Nicotinamide

tablet 50 mg

(g)

Calcium gluconate

tablet chewable 500 mg

(h)

Ascobic acid

tablet 50 mg

15.

PREPARATIONS FOR EAR, NOSE AND OROPHARYNX

(a)

Chloramphenicol

ear drops

(b)

Chloramphenicol

ear drops 1%

(c)

Spirit (alcohol)

ear drops 50%

(d)

Sodium bicarbonate

ear drops 5%

(e)

Aluminium acetate

ear drops

(f)

wax softening

ear drops

(g)

Adrenaline

solution

(h)

Nasal decongestants

solution

(i)

Gentian Violet

0.5% 10 ml

(j)

Nystatin

suspension, oral

(k)

Thymol

mouthwash solution/tablet

16.

CONTRACEPTIVES (IN LIAISON WITH FAMILY PLANNING UNIT AT DHO)

All oral contraceptives except for permanent methods.

C. DENTAL THERAPISTS AND DENTAL ASSISTANTS

   Dental Therapists and Dental Assistants licensed for private practice may administer the following range of drugs—

Drug

Dose Form

   1. LOCAL ANAESTHETICS

   (a)   Lignocaine

Cartridge 2% with adrenaline 1:80,000

   (b)   Lignocaine

Gel

   (c)   Prilocaine (Citanest)

cartridge 3% with feypressin 0.03 unit/ml

   (d)   Ethyl Chloride

Spray

   (e)   Benzocaine

Lozenges

   2. ANALGESICS

   (a)   Acetylsalicylic acid

tablet 300 mg

   (b)   Paracetamol

tablet. 500 mg; Elixir 120 mg/5 ml

   (c)   Indomethacin

capsule/tablet 25 mg

   (d)   Ibuprofen

tablet 200 mg; syrup 100 mg/5 ml

   3. ANTIBIOTICS

   (a)   Penicillin V

tablet 250 mg; suspension 125 mg/5 ml

   (b)   Amoxycillin

capsule 250 mg; elixir 125 mg/5 ml

   (c)   Cloxacillin

capsule 250 mg

   (d)   Ampicillin

capsule 250 mg; elixir 125 mg/5 ml

   (e)   Erythromycin

tablet e/c 250 mg base

   (f)   Metronidazole

tablet 200 mg

   (g)   Doxycyline

tablet/capsule 100 mg

   4. ANTIFUNGAL DRUGS

   (a)   Nystatin

oral drops 100,000 units/ml

   (b)   Iconazole

cream/gel

   (c)   Miconazole

cream/gel

   5. STEROIDS

   (a)   Triamsonolone

oral base paste

   (b)   Hydrocortisone

lozenges

   (c)   Hydrocortisone sodium succinate

Vial 100 mg

   (d)   Prednisolone

tablet 5 mg

   6. DISINFECTANTS

   (a)   Alcohol

70% sol. Concentrate

   (b)   Cetrimide

15% sol. Concentrate +

   7. MOUTHWASHES

   (a)   Hydrogen peroxide

6% sol. Concentrate

   (b)   Chlorhexidine

0.2% Concentrate

   (c)   Betadine

1 % sol. Concentrate

   8. HAEMOSTATIC AGENTS

   (a)   Surgicel

spongy/gauze

   (b)   Tannic acid

powder/liquid

   (c)   Bone wax

wax

   9. ANTISEPTICS

   (a)   Alvogyl

spongy/fibres

   (b)   Euginol with zinc oxide

oil/powder

   (c)   Betadine

10% sol. Concentrate

   (e)   Chlorhexidine

1% sol. Concentrate

   10. EMERGENCY DRUGS

   (a)   Adrenaline

1:1000

   (b)   Salbutamol

inhaler

   (c)   Promethazine

tablets 10 mg; 25 mg/ml

   (d)   Glucose

50mg/ml

   (e)   Glyceryl trinitrate

tablets 300 micro-gram.

FOURTH SCHEDULE

MINIMUM REQUIREMENTS FOR PRIVATE PRACTICE CLINICS OF PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS

PART I
PREMISES

   A. (1) OUT-PATIENT CLINICS FOR MEDICAL ASSISTANTS, CLINICAL OFFICERS, DENTAL THERAPISTS

   The clinic should—

   (a)   be built with permanent materials;

   (b)   have a plastered interior;

   (c)   have adequate ventilation;

   (d)   have at least four rooms of 4 × 3 metres divided as follows:

      (i)   an examination room;

      (ii)   a treatment room;

      (iii)   a patients’ registration room; and

      (iv)   procedure room.

   (e)   have toilet facilities consisting of either—

      (i)   a ventilated pit latrine; or

      (ii)   a sanitation platform latrine; or

      (iii)   a water closet.

   (f)   have an adequate supply of clean and safe water nearby or running water within the building.

   (g)   have a wash basin or sink and a large container for storing water.

   (2) IN-PATIENT FACILITIES FOR GENERAL CLINICAL OFFICERS

   As required for Medical Practitioners and Dentists under the Medical Practitioners and Dentists (Private Practice) Regulations.

   B. DENTAL TECHNICIANS

   As in A above in addition to the following—

   (a)   Wax room;

   (b)   Plaster room;

   (c)   Fume cabinet/fume extractor;

   (d)   Fire fighting equipment.

   C. PHYSIOTHERAPISTS

   (a)   be built with permanent materials;

   (b)   have a plastered interior;

   (c)   have adequate ventilation and lighting;

   (d)   have a gymnastic area of at least 15 square metres;

   (e)   have a treatment room of at least 10 square metres;

   (f)   have a waiting and reception room;

   (g)   have toilet facilities consisting of either—

      (i)   a ventilated pit latrine; or

      (ii)   a sanitation platform latrine; or

      (iii)   a water closet;

   (h)   have an adequate supply of clean and safe water nearby or running water within the building; and

   (i)   have a wash basin or sink and a large container for storing water.

   D. OPTICIANS

   Premises should be of permanent building materials and should be of adequate size for the number and range of activities to be performed. There should be distinct area for—

   (a)   waiting/reception of clients;

   (b)   examination;

   (c)   lense laboratory preparation;

   (d)   store room;

   (e)   toilet facilities for patients and staff; and

   (f)   other rooms deemed necessary for the practice.

   E. RADIOGRAPHERS AND RADIOGRAPHY TECHNICIANS

   Premises should—

   (a)   be built with permanent materials;

   (b)   have waiting room of adequate size to hold 10 people, with adequate ventilation and toilet facilities;

   (c)   have X-ray room of at least 30 square metres with length at least 4—6 m;

   (d)   have wall thickness of 9 inches plastered brick wall all round or; 4.5 inches brick wall plastered with 1.25 mm barium plaster or; 150 mm concrete or; other equivalents of 22 mm Pb;

   (e)   have doors lined with Lead of 2 mm Pb or Brick 9 inches with maze format all 3 m high;

   (f)   have viewing window for control panel should be of 1.6 mm Pb glass or equivalent radiation protection window or surrounded in a maze format of equivalent brick or potable radiation protection shield;

   (g)   have ventilation provided by window on the side of the room that is NOT used by persons or by air-conditioner;

   (h)   have at least one change room for patients;

   (i)   have dark room should be of adequate size for purposes automatic or manual film processing with a window painted black;

   (j)   have workbenches in the darkroom must be made of cleanable and non-corrosive material;

   (k)   have film storage of hopper or equivalent holder to avoid light fogging;

   (l)   have supply of running water;

   (m)   have washing hands facilities: sink or washing basin.

   F. SONOGRAPHERS

   The premises should have all the above in “E” in addition to the following:

   Adequate ultrasound room to fit a patient’s couch, scanner, stools, small table and three persons; well ventilated.

PART II
WATER SUPPLY

   All clinics should have—

   (a)   a source of safe drinking water nearby or running water within the building (especially dental practice);

   (b)   a wash-basin or sink and a large container for storing water.

PART III
EQUIPMENT AND SUPPLIES

   A. (1) MEDICAL ASSISTANTS AND CLINICAL OFFICERS OUT-PATIENT FACILITIES

   The following should be available—

   (a)   Lockable drug cupboard;

   (b)   Examination couch/bed;

   (c)   Good examination light;

   (d)   Table in the registration room;

   (e)   Seats for patients in the waiting room;

   (f)   Stethoscope;

   (g)   Autoscope;

   (h)   Blood pressure machine;

   (i)   Torch or other source of light for throat examination;

   (j)   Weighing scale;

   (k)   Adequate stocks of disinfectants, e.g. Jik;

   (l)   At least two basins for disinfection;

   (m)   At least two thermometers;

   (n)   A minimum of 100 disposable syringes as follows—

      (i)   40 × 2 ml syringes;

      (ii)   40 × 5 ml syringes;

      (iii)   20 × 10 ml syringes.

   (o)   At least 100 needles for injection;

   (p)   At least one sterilizer (e.g. fish kettle type);

   (q)   At least one stove;

   (r)   At least two needle holders;

   (s)   At least one sterile syringes tray;

   (t)   At least two pairs of dressing scissors;

   (u)   At least two dissecting forceps;

   (v)   Cheatle forceps × 2;

   (w)   At least 25 metal spatulae or a box of disposable spatulae;

   (x)   A microscope for examination of stool and urine (optional);

   (y)   Refrigerator for the storage of drugs requiring refrigeration;

   (z)   Resuscitation equipment;

   (aa)   Appropriate and current reference books for the practice;

   (bb)   Two bins for the disposal of waste, one of which shall be for the disposal of sharp instruments and the other for the disposal of waste material in either case using an incinerator of the ordinary type or of a 44 gallon drum with specifications approved by the Council;

   (cc)   Registers of patients;

   (dd)   Patient’s prescription tickets;

   (ee)   Case record cards to be carried by patients or to be kept by the clinic;

   (ff)   Reporting forms for submission for clinic statistics to the Ministry of Health;

   (gg)   Rubbish disposal pit or rubbish bin;

   (hh)   At least fifty pairs of surgical and sterile gloves;

   (ii)   Receipt book for the fees charged;

   (jj)   Receipt of drugs purchased; and

   (kk)   Record of drugs purchased.

   (2) GENERAL CLINICAL OFFICERS IN-PATIENT FACILITIES

   As required for Medical Practitioners under the Medical Practitioners and Dentists (Private Practice) Regulations.

   B. DENTAL THERAPISTS AND DENTAL ASSISTANTS

   The following should be available—

   (a)   Dental unit with low and high speed drills which are water cooled;

   (b)   Wash basin;

   (c)   Autoclave;

   (d)   Cabinet with basic dental instruments;

   (e)   Basic drugs and medications used in dentistry;

   (f)   Intra oral radiological unit and a developing unit;

   (g)   Basic requirements in filling materials—

      (i)   amalgams;

      (ii)   dental cements;

      (iii)   composite chemically cured; and

      (iv)   glass ionomer.

   C. DENTAL TECHNICIANS

   The following should be available—

   (1) Prosthetics—

   (a)   Bunsen burner;

   (b)   Articulator;

   (c)   Suspension motor;

   (d)   Model trimmer;

   (e)   Polishing lathe;

   (f)   Crylic curing appliance;

   (g)   Mixing bowl;

   (h)   2 flasks with a clamp;

   (i)   Casting machine;

   (j)   Vibrator;

   (k)   Duplicating flasks;

   (l)   Surveyor;

   (m)   Electro polishing bath;

   (n)   Bench press;

   (o)   Protective eye ware;

   (p)   Dental Technician’s kit which should include—

      (i)   Lecron;

      (ii)   Plaster knife;

      (iii)   Spatula;

      (iv)   Ash five; and

      (v)   wire cutters.

   (2) Orthodontics—

   (a)   64 and 65 orthodontic pliers;

   (b)   Technicians kit as in prosthetics; and

   (c)   Model trimmer.

   (3) Crown and Bridge—

   (a)   Ceramic kit;

   (b)   Ceramic firing furnace;

   (c)   Technician’s kit;

   (d)   Centrifugal casting machine;

   (e)   Sand blasters;

   (f)   Model trimmer; and

   (g)   Burn out furnaces.

   D. PHYSIOTHERAPISTS

   The clinic should have at least—

   (a)   One treatment couch;

   (b)   Two sets of linen—blanket, sheets, towels;

   (c)   Four pillows;

   (d)   One wheelchair;

   (e)   Two pairs of crutches—adjustable;

   (f)   One adjustable walking frame;

   (g)   One set of parallel bars;

   (h)   One wall bar;

   (i)   One full-length exercise mirror;

   (j)   One exercise mat;

   (k)   Toys;

   (l)   Two gymnastic balls;

   (m)   Weights, e.g. sandbags;

   (n)   One foot/arm bath;

   (o)   One measuring tape;

   (p)   One Goniometer;

   (q)   One Stethoscope;

   (r)   One Sphygmomanometer;

   (s)   One complete First Aid box; and

   (t)   Disinfectants and other cleaning materials.

   E. OPTICIANS

   The practice should have—

   (a)   snellen test chart types;

   (b)   a slit lamp;

   (c)   an opthalmometer;

   (d)   a photoptometer;

   (e)   a set of trial lens;

   (f)   a trial frame;

   (g)   an edger machine;

   (h)   a lens meter;

   (i)   a refractometer;

   (j)   fluorescein drops;

   (k)   amethocaine;

   (l)   artificial tears; and

   (m)   a sink.

FIFTH SCHEDULE

LICENCE AND PREMISES FEES

Matter

Fee

K

t

1.

For an application for a private licence in the case of—

(a)   paramedicals (degree)

6,000

00

(b)   other paramedicals

6,000

00

(c)   opticians

6,000

00

2.

For a private practice licence—

(a)   in the case of paramedicals (degree):

   (i)   upon issue

10,000

00

   (ii)   upon every renewal

15,000

00

(b)   in the case of other paramedicals:

   (i)   upon issue

8,000

00

   (ii)   upon every renewal

10,000

00

(c)   in the case of opticians:

   (i)   upon issue

12,000

00

   (ii)   upon every renewal

15,000

00

3.

For an application for registration of premises for private practice in the case of—

(a)   paramedicals (degree)

10,000

00

(b) other paramedicals

10,000

00

(c) opticians

10,000

00

(d) institutional facility (non-fee paying)

10,000

00

(e) institutional facility (fee paying)

15,000

00

4.

For a premises registration certificate—

(a)   in the case of paramedicals (degree):

   (i)   upon issue

10,000

00

   (ii)   upon every renewal

10,000

00

(b)   in the case of other paramedicals:

   (i)   upon issue

8,000

00

   (ii)   upon every renewal

10,000

00

(c)   in the case of opticians:

   (i)   upon issue

10,000

00

   (ii)   upon every renewal

15,000

00

(d)   in the case of institutional facility (non-fee paying):

   (i)   upon issue

10,000

00

   (ii)   upon every renewal

15,000

00

(e)   in the case of institutional facility (fee paying):

   (i)   upon issue

15,000

00

   (ii)   upon every renewal

20,000

00

5.

For replacement of licence or premises registration certificate

10,000

00

6.

For transfer of premises

20,000

00

SIXTH SCHEDULE

MAXIMUM FEES CHARGEABLE FOR SERVICES RENDERED

   1. Any Government hospital or other health establishment.

   2. A hospital, clinic or other health establishment of a local authority.

   3. A hospital having full membership with the Private Hospitals Association of Malawi.

   4. A hospital, clinic or dispensary operated by a statutory body, a company or other organization solely for providing services to its employees and their immediate families living with them.

MEDICAL LABORATORIES (PRIVATE PRACTICE) REGULATIONS

under s. 69

G.N. 17/1991
34/2004

1.   Citation

   These Regulations may be cited as the Medical Laboratories (Private Practice) Regulations.

2.   Classification of medical laboratories for private practice

   Medical laboratories for private practice shall be classified as—

   (a)   Category ‘A’ laboratories;

   (b)   Category ‘B (1)’ laboratories; and

   (c)   Category ‘B (2)’ laboratories.

3.   Category ‘A’ laboratories

   (1) A category ‘A’ laboratory shall be a laboratory operated by a registered Laboratory Assistant or Laboratory Technician as part of the private practice of—

   (a)   a medical practitioner or dentist licensed under the Medical Practitioners and Dentists (Private Practice) Regulations; or

   (b)   a paramedical licensed under the Paramedicals and Allied Health Professionals (Private Practice) Regulations.

   (2) Except as otherwise provided in the Regulations cited in subregulation (1) or in addition to such provision—

   (a)   the tests to be performed in a Category ‘A’ laboratory shall be such tests as are necessary for the immediate management of the practitioner’s own patients and shall be limited to—

      (i)   full blood count differential;

      (ii)   urinalysis;

      (iii)   blood smear for malaria parasites;

      (iv)   blood sugar;

      (v)   pregnancy tests;

      (vi)   wet preparations for Candida, T. Vaginals and skin microfilaria;

      (vii)   stool for microscopy;

      (viii)   gram stain;

      (ix)   VDLR; and

      (x)   other tests as approved by the Council from time to time;

   (b)   there shall be maintained in respect of a Category ‘A’ laboratory the following minimum equipment—

      (i)   a binocular microscope with at least three objective lenses, including a X40 and X100 oil immersion;

      (ii)   a centrifuge; and

      (iii)   a heamoglobinometer or a lovibond comparator.

4.   Category ‘B (1)’ laboratories

   (1) A Category ‘B (1)’ laboratory shall be a laboratory which may be operated as a private practice for service to the general public only by a person registered as a pathologist under the Specialist Register kept and maintained by the Council in accordance with the Medical Practitioners and Dentists (Specialist Register) (Qualifications) Rules.

   (2) The range of tests to be performed in a Category ‘B (1)’ laboratory shall be all or any of the following types—

   (a)   clinical chemistry;

   (b)   haematology;

   (c)   histopathology;

   (d)   microbiology; and

   (e)   parasitology,

as the Council may endorse on the licence of the practitioner having regard to his training and experience.

   (3) The premises for use by a practitioner licensed to operate a Category ‘B (1)’ laboratory shall, as a minimum, comply with the requirements specified in Part I of the Schedule and there shall be kept and maintained for use at every such laboratory, as a minimum, the equipment specified in that Part.

   (4) A licence to operate the private practice of a Category ‘B (1)’ laboratory shall—

   (a)   if the applicant is a medical practitioner, be issued under the Medical Practitioners and Dentists (Private Practice) Regulations; and

   (b)   if the applicant is not a medical practitioner, be issued under the Paramedical and Allied Health Professional (Private Practice) Regulations.

5.   Category ‘B (2)’ laboratories

   (1) A Category ‘B (2)’ laboratory shall be a laboratory which may be operated by a person registered as a laboratory technician under the Medical Practitioners and Dentists (Registration and Miscellaneous Fees) Regulations.

   (2) The range of tests to be performed in a Category ‘B (2)’ laboratory shall be limited to any or all of the following types—

   (a)   clinical chemistry;

   (b)   haematology;

   (c)   microbiology; and

   (d)   parasitology,

as the Council may endorse on the licence of the practitioner having regard to his training and experience.

   (3) The premises for use by a practitioner licensed to operate a Category ‘B (2)’ laboratory shall, as a minimum, comply with the requirements specified in Part II of the Schedule and there shall be kept and maintained for use at every such laboratory, as a minimum, the equipment specified in that Part.

   (4) A licence to operate a private practice of a Category ‘B (2)’ laboratory shall be issued under the Paramedicals and Allied Professionals (Private Practice) Regulations.

6.   Limitation as to the conduct of tests in a Category ‘B (1)’ or ‘B (2)’ laboratory

   (1) All tests in a Category ‘B (1)’ or ‘B (2)’ laboratory shall be performed only at the request of the medical practitioner, dentist or paramedical treating the patient concerned and the result of any such test shall be sent to only such medical practitioner, dentist or paramedical.

   (2) A person who contravenes subregulation (1) shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment for one month.

7.   Confidentiality of laboratory test results

   (1) Every document relating to the care of a patient shall be treated as strictly confidential and the results of any laboratory test performed in relation to any patient shall be released only to the patient’s clinical practitioner either directly or through the patient and no person shall allow any other person to have access to any such document or communicate to any other person the results of such tests except under the authority of law.

   (2) A person who contravenes subregulation (1) shall be guilty of an offence and liable to a fine of K40,000 and imprisonment for three months.

8.   Establishment of a quality assurance scheme regs. 4 (3) and 5 (3)

   The Council may establish a scheme for the quality control of results of tests performed at any category of laboratories as classified in these Regulations or at any other laboratory.

SCHEDULE

MINIMUM REQUIREMENTS AS RESPECTS PREMISES AND EQUIPMENT OF CATEGORIES ‘B (1)’ AND ‘B (2)’ LABORATORIES

PART I
CATEGORY ‘B (1)’ LABORATORIES

PREMISES

   1. Premises should be of permanent building materials and should be of adequate size for the number and range of tests to be performed.

   There should be distinct area for—

   (a)   specimen reception, preparation of tests;

   (b)   collection of specimens from patients, e.g. blood samples;

   (c)   waiting room for patients to wait for urgent specimen results; and

   (d)   toilet facilities for patients and staff.

   2. Arrangements must be made for disposal of examined specimen. Some may require decontamination before final disposal, e.g. autoclaving, incineration, pit latrine or sewer disposal.

EQUIPMENT

   1. Equipment will depend on tests allowed by the Council on the basis of applicant’s training and experience. The following equipment is required as a minimum—

   (a)   binocular microscope with built-in light source and at least three objective lenses including a x40 and xl00, oil immersion lens, and where there is no electricity a 6 volt or 12 volt car battery and AC/DC transformer should be used;

   (b)   centrifuge—electrical or manual;

   (c)   waterbath or heating block, preferably with a thermostat;

   (d)   spectrophometer or calorimeter for biochemistry tests and or haemoglobin measurement;

   (e)   refrigerator for reagents and specimens requiring to be stored at refrigeration temperature;

   (f)   hot boiler for sterilization;

   (g)   bunsen burner or spirit lamp;

   (h)   waste disposal bucket with appropriate liners or waste bin bags; and

   (i)   assorted glassware, pipettes, etc.

   2. Other essential equipment would depend on the type of work done in the laboratory, as follows—

   (a)   for microbiology:

      (i)   incubator with thermostat;

      (ii)   autoclave or steam sterilizer;

      (iii)   hot air oven for drying glassware;

      (iv)   media sterilizer;

      (v)   anaerobic jar; and

      (vi)   safety cabinet with UV-sterilization for mycobacterial work.

   (b)   for serology—shaker (VDRL type);

   (c)   for histology cytology:

      (i)   microtome with appropriate microtome knives;

      (ii)   floating bath;

      (iii)   hot plate;

      (iv)   wax dispenser;

      (v)   tissue processor;

      (vi)   knife sharpener wither leather strap or automatic machine;

      (vii)   cytology centrifuge;

      (viii)   slide filing cabinet; and

      (ix)   assorted items, e.g. scalp blade with handle, pair of scissors, forceps, weighing scales, dissecting board, etc.

   (d)   for haematology—

      (i)   haemogotinometer;

      (ii)   haematocrite centrifuge and reader;

      (iii)   differential counter;

      (iv)   haemocytometer; and

      (v)   ESR apparatus.

   3. A number of small items, though not essential, improve the safety working conditions in the laboratory. These include—

   (a)   reagent dispensers;

   (b)   variable volume pipettes;

   (c)   pipette fillers;

   (d)   slide filing cabinets;

   (e)   fire-extinguisher; and

   (f)   laboratory safety posters.

   4. Appropriate and current reference books.

PART II
CATEGORY ‘B (2)’ LABORATORIES

PREMISES

   As for Category ‘B (1)’ laboratories.

EQUIPMENT

   As for Category ‘B (2)’ laboratories.

MEDICAL PRACTITIONERS AND DENTISTS (REGISTRATION AND MISCELLANEOUS FEES) REGULATIONS

under s. 69

G.N. 19/1988
125/1988
16/1991
123/1993
114/1995
26/1997
31/2004
7/2005
31/2005
49/2007
11/2009

1.   Citation

   These Regulations may be cited as the Medical Practitioners and Dentists (Registration and Miscellaneous Fees) Regulations.

2.   Application

   These Regulations shall apply in respect of the Registration of medical practitioners, dentists, paramedicals, allied health professionals, and students who are undergoing training in Malawi for a qualification that requires registering with the Council.

3.   Interpretation

   In these Regulations—

   “allied health professional” means a person qualified to practise in a class of health personnel specified in Part II of the First Schedule;

   “paramedical” means a person qualified to practise in a class of medical personnel specified in Part I of the First Schedule;

   “professional officer grade” means the grade of paramedical or allied health professional with a degree;

   “technical assistant grade” means the grade of medical assistants, medical laboratory assistants, physiotherapy or occupational therapy assistants, radiography assistants, health assistants and leprosy control assistants;

   “technical officer grade” means the grade of clinical officers, radiographers, medical laboratory technicians, physiotherapists, occupational therapists, environmental health officers, chiropodists, clinical nutritionists, clinical psychologists, dieticians, speech therapists and operating theatre technicians without degrees and dental technologists.

4.   Prohibition respecting paramedicals and allied health professionals

   (1) No person shall be employed, whether as a self-employed person or as an employee, or in the services, of any other person or body of persons corporate or unincorporate or any organization whatsoever, as a paramedical or an allied health professional, unless he is registered as such under these Regulations and holds a currently valid registration certificate in respect of such registration.

   (2) A person who, being an employee, self-employed person or an employer, contravenes subregulation (1) shall be guilty of an offence and liable—

   (a)   if he is an employee, to a fine of K300 and to imprisonment for two months;

   (b)   if he is self-employed person or an employer, to a fine of K500 and to imprisonment for three months.

5.   Application for registration

   (1) An application for registration on any register shall be made in Form I set out in the Second Schedule and shall be signed by the applicant.

   (2) There shall be submitted in support of any application for registration—

   (a)   a statutory declaration made by the applicant in Form 2 set out in the Second Schedule;

   (b)   any degrees, diplomas or certificates in which the applicant relies as qualifications for registration;

   (c)   where the degrees, diplomas or certificates on which the applicant relies as qualifications for registration were granted in a country, state or territory in which English is not an official language, a certificate issued by the authority before whom the statutory declaration referred to in paragraph (a) was made, stating whether the applicant’s knowledge of the English language is excellent, good, fair or poor;

   (d)   in the case of an applicant for full registration, either—

      (i)   a certificate issued by a competent authority in the country, state or territory in which his primary qualification was granted, stating that the applicant has, after passing a qualifying examination, completed such course of training or had such experience as is required by law in that country, state or territory to entitle him to full registration in that country, state or territory, or

      (ii)   a certificate issued by the superintendent of a hospital or other institution in Malawi approved by the Council, stating the period or periods during which the applicant has been engaged in employment at that hospital or other institution in a resident capacity; and

   (e)   in the case of an applicant for registration whose name has changed since the grant of his qualification, the marriage certificate or other document which provides evidence of such change of name.

   (3) Where any document referred to in paragraphs (b), (d) or (e) of subregulation (2) is in a language other than English, there shall be submitted with that document a translation of the document into the English language properly certified as a true translation by a person competent to do so.

   (4) Unless the Registrar otherwise requires in any particular case, a duplicate or properly certified copy of an original document referred to in paragraphs (b), (d) or (e) of subregulation (2) may be submitted in lieu of the original document.

   (5) Every person deemed by section 24 of the Act to be registered under the Act shall submit to the Registrar particulars of his registration in the form of an application made in Form 1 set out in the Second Schedule and, upon payment of the prescribed fee, shall be entitled to be issued with a certificate of registration.

   (6) Nothing in this regulation shall preclude the Council or the Registrar from requiring an applicant for registration or a person deemed to be registered to produce such further documents or such further or other evidence as the Council or the Registrar may deem necessary for the purpose of being satisfied as to any matter related to the application.

6.   Form of registers

   The Registrar shall keep and maintain in Form 3 set out in the Second Schedule—

   (a)   each of the registers required under Part VII of the Act;

   (b)   a separate register for each class of paramedicals;

   (c)   a separate register for each class of allied health professionals,

and subject thereto, every register shall be in the form of a looseleaf volume, one page of which shall be set aside for entries relating to each registered person and any alteration in particulars relating to that person shall be endorsed on the page so set aside.

7.   Manner of effecting erasures

   Every erasure from a register of the name or particulars of a registered person shall be effected in the manner provided by section 35 of the Act, and when effecting erasure the Registrar shall endorse on the page containing the entries relating to that person the circumstances in which and the date on which the erasure was made.

8.   Certificate of registration

   (1) Every certificate of registration in any register shall be in Form 4 set out in the Second Schedule.

   (2) A certificate of registration may be replaced upon written application of the registered person and upon payment by him of the prescribed fee if the Registrar is satisfied that the certificate is lost, destroyed or damaged; and in order to satisfy himself, the Registrar may require such further or other evidence on oath or otherwise as he deems necessary.

9.   Registration fees

   (1) The fees set out in the Third Schedule shall be payable in respect of the matters respectively specified in that Schedule.

   (2) In the case of application fees, once payment of a fee has been receipted, the fee shall not be refundable whether the applicant withdraws his application or the application has been refused by the Council or has for any reason whatsoever not been granted.

   (3) In the case of registration fees—

   (a)   the fee shall be payable annually not later than 31st March of each year;

   (b)   where the fee or any part thereof remains unpaid for more than thirty days after the due date, a penalty of fifty per cent of the amount due shall be imposed and shall become part of the due amount payable; and

   (c)   there shall be no reduction, proportionate or otherwise, in the amount of the fee payable even if the remaining period to the next 31st March from the date of registration or from the date of payment of the amount due is less than twelve months.

   (4) In the case of registered persons in employment, every employer shall, unless he is reasonably satisfied that the fees have already been paid, deduct the annual renewal fees payable by such persons from their salaries or other emoluments and shall remit the amounts so deducted to the Council not later than one month before the date of next renewal.

10.   Disciplinary provisions for paramedicals and allied health professionals

   (1) Every paramedical and allied health professional shall observe the professional ethics, conduct and discipline of his calling.

   (2) Where the Council is, after inquiry, satisfied that a paramedical or an allied health professional is guilty of improper or disgraceful conduct in a professional respect relative to his calling, the Council may, having regard to the gravity of the conduct—

   (a)   cancel his registration either indefinitely or for a specified period; or

   (b)   warn or reprimand him, and may impose on him such Conditions as the Council may determine.

   (3) The person whose conduct is being inquired into shall be given a reasonable opportunity of being heard by the Council either by written representation or by appearing before the Council in person or by his legal practitioner.

   (4) For the purposes of an inquiry under this regulation the Council may administer an oath and may enforce the attendance of persons as witnesses and the production of books, documents and other articles of evidence.

   (5) The Council shall have the power to regulate its own procedure in any disciplinary proceedings under this regulation.

   (6) A person aggrieved by the decision of the Council under this regulation may appeal to the High Court within thirty days of the date of notification of the decision and the High Court may confirm, vary or annul the decision of the Council.

   (7) A person who, when summoned, fails to appear before the Council as witness or to produce any book, document or other article of evidence in disciplinary proceedings under this regulation shall be guilty of an offence and liable to a fine of K200 and to imprisonment for one month.

   (8) The Council may, upon the application of person concerned showing cause why he should be considered for reinstatement to the appropriate register and if the Council is satisfied with the cause shown, reinstate the registration of a person cancelled under this regulation.

11.   List of current registered paramedicals, etc., to be published in the Gazette

   (1) The Registrar shall, soon after 31st March every year, publish in the Gazette lists containing names, addresses, callings, qualifications and other particulars of all persons registered under these Regulations as paramedicals or allied health professionals.

   (2) The Registrar shall give notice in the Gazette of any cancellation or reinstatement of registration effected pursuant to regulation 10.

12.   Council to inspect all health facilities in Malawi

   (1) In the exercise of its powers of inspection under section 55A the Council shall at least once every year undertake visits to every health facility in Malawi and the Council shall, unless Regulations made under the Act otherwise prescribe, in respect of every such facility the minimum requirements and standards of practice according to its class as determined by the Council.

   (2) The Council shall keep and maintain a register of all health facilities in Malawi and shall once every year publish in the Gazette the list of all registered health facilities.

   (3) There shall be payable annually to the Council in respect of every health facility in Malawi, except a health facility operated by the Government, a local authority and the Private Hospital Association of Malawi, the premises registration fee specified in the Third Schedule.

FIRST SCHEDULE

CLASSES OF PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS

PART I
PARAMEDICALS

A.   General Paramedicals

   1.   Medical Assistants

   2.   Clinical Officers

   3.   Dental Hygienists

   4.   Dental Assistants

   5.   Dental Technicians

   6.   Leprosy Control Assistants (to be registered only while employed as such in an organization)

B.   Specialized Paramedicals (being persons who, subsequent to general qualifications have obtained specialized qualifications the relevant training for which is of a duration of at least one academic year at an institution recognized by the Council)

   1.   Medical Assistants (Anaesthetic)

   2.   Medical Assistants (Ophthalmic)

   3.   Medical Assistants (Psychiatric)

   4.   Clinical Officers (Anaesthetic)

   5.   Clinical Officers (Ophthalmic)

   6.   Clinical Officers (Orthopaedic)

   7.   Clinical Officers (Psychiatric)

   8.   Clinical Officers (Paediatric)

   9.   Clinical Officers (Tuberculosis and Leprosy)

   9A.   Clinical Officers (Dermatologist)

   10.   Dental Technicians (Maxillo-facial)

   11.   Dental Technicians (Prosthodontic)

   12.   Dental Technicians (Orthodontic)

   13.   Dental Technicians (Crown and Bridge)

   14.   Operating Theatre Technicians

PART II
ALLIED HEALTH PROFESSIONALS

   1.   Physiotherapists

   2.   Physiotherapy Assistants

   3.   Radiographers

   4.   Radiography Assistants

   5.   Medical Laboratory Assistants

   6.   Medical Laboratory Technicians

   7.   Opticians

   8.   Orderlies, being persons who have received in-service training at a hospital approved by the Council for a minimum period of six months and have passed the Council certifying examination and have qualified under following classes—

      (i)   Medical Orderlies

      (ii)   Dental Orderlies

      (iii)   Laboratory Aides.

   9.   Orthopaedic Technicians

   10.   Occupational Therapists

   11.   Health Assistants

   12.   Environmental Health Officers

   13.   Speech Therapists

   14.   Chiropodists

   15.   Dieticians

   16.   Clinical Nutritionists

   17.   Clinical Psychologists

SECOND SCHEDULE

PRESCRIBED FORMS

   Form of Application for Registration

FORM 1

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS (REGISTRATION AND MISCELLANEOUS FEES) REGULATIONS

APPLICATION FOR REGISTRATION

To: The Registrar,

Medical Council of Malawi, P.O. Box 30787, Capital City, Lilongwe 3

1. Full names of the applicant: Dr./Mr./Mrs./Miss ............................

.....................................................................

2. Date of Birth: ........................................................

3. Marital status: single [ ], married [ ], widowed [ ] divorced [ ], other [ ]
........................................................................

4. Address of the applicant: ...............................................

........................................................................

........................................................................

........................................................................

5. Nationality of the applicant: .............................................

6. Profession in respect of which the application for registration is made ..........

........................................................................

........................................................................

7. Application for registration on the ........................................

........................................................................

I, the above-named applicant, hereby apply for registration on the afore-mentioned register and submit herewith—

   [*NOTE:   1. Fee must be payable only by cheque or postal order made in favour of the Medical Council of Malawi.


      2. Application fee is not refundable, but registration fee shall be refunded where application for registration has not been accepted.]')">*(a)   the prescribed application fee of K .....................................

   *(b)   the prescribed registration fee of K ..................................; and the following documents in support of my application: ......................

      .................................................................

      .................................................................

      .................................................................

Dated: ..............................

.............................
Signature of Applicant      

FORM 2

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS (REGISTRATION AND MISCELLANEOUS FEES) REGULATIONS

STATUTORY DECLARATION

   I, ..................................................................... do solemnly and sincerely declare as follows:

   1. THAT I am the holder of the following degrees, diplomas or certificates granted to me after examination by a university, college, medical or dental school, or other examining authority, and that the courses of study in the professional subjects with respect to which the degrees, diplomas or certificates which I hold were granted covered the following periods—

University, college, medical or dental school or other instituion

Period

Degree Diploma or Certificate

Examining Authority

From

to

1. .....................

......

......

..............

..........

2. .....................

......

......

..............

..........

3. .....................

......

......

..............

..........

4. .....................

......

......

..............

..........

   2. THAT I have completed the following additional courses of training and had the following experience in the practice of my profession, namely—

Description of Training or Experience

Period

From

To

...................................................

..........

......

...................................................

..........

......

...................................................

..........

......

...................................................

..........

......

   3. THAT I would, so far as professional qualifications are concerned, be entitled to practise my profession in the country, state or territory in which my professional qualifications were granted.

   4. THAT—

   (a)   I have never been debarred from practising my profession on the grounds of professional misconduct; and

   (b)   my name has never been removed from any register of members of my profession kept in accordance with the laws of any country or state in which I have practised my profession; and

   (c)   no inquiry is pending which may result in an action being taken which is referred to in subparagraph (a) or (b).

   AND I make this solemn declaration conscientiously believing the same to be true.

.................................
Signature                  

DECLARED at ........................ this day of ..................., 20.....

Before me

.................................
Signature of Attesting Authority      

......................................................................
Capacity of Attesting Authority
(e.g. Notary Public, Commissioner for Oaths, etc.
)

   NOTE:This declaration, if made—

   (a)   in Malawi, must be made under the Oaths, Affirmations and Declarations Act (Cap. 4:07);

   (b)   in any other country of the Commonwealth, must be made before a Notary Public, Commissioner for Oaths or other person having authority in that country under any law for the time being in force to take or receive an oath, an affirmation or a declaration; and

   (c)   in any other place, must be made before a British consul or vice-consul or before any person having authority under any Act of Parliament of the United Kingdom for the time being in force to take or receive an oath, an affirmation or a declaration.

FORM 3

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS (REGISTRATION AND MISCELLANEOUS FEES) REGULATIONS

FORM OF REGISTERS

Name of Registered person

Date of Registration

Registration Number

Address

Nationality

Date of Birth

Qualifications

University College, School or other institution

Date of cancellation of registration, if any

Remarks if any

Upon registration

Subsequent to registration

1. .......

2. .......

3. .......

1. .......

2........

3. .......

FORM 4

MEDICAL PRACTITIONERS AND DENTISTS ACT

(CAP. 36:01)

MEDICAL PRACTITIONERS AND DENTISTS(REGISTRATION AND MISCELLANEOUS FEES) REGULATIONS

CERTIFICATE OF REGISTRATION

REGISTRATION No.
..............................

CERTIFICATE No.
.........................

   This is to certify that ................................................... is this .................................... day of ..................................., 20 ............ registered on the .............................................. kept by the Medical Council of Malawi in accordance with the provisions of the Medical Practitioners and Dentists Act, 1987, and the Regulations made thereunder.

.................................
Registrar Medical Council of Malawi

COMMON SEAL OF THE COUNCIL

THIRD SCHEDULE

REGISTRATION AND MISCELLANEOUS FEES

Matter

Fees

K

t

1.

For an application for registration—

(a)

for applicants who are nationals of Malawi:

(i)

in the Technical Assistant grade

1,500

00

(ii)

in the Technical Officer grade

2,000

00

(iii)

in the Professional Officer grade

2,500

00

(iv)

as an optician

4,000

00

(v)

as an intern (Technical Officer grade)

2,000

00

(vi)

as an intern (Professional Officer grade)

2,500

00

(vii)

on provisional registration

4,000

00

(viii)

as a medical practitioner or dentist on a register specified in section 17 of the Act

4,000

00

(ix)

on the Specialists Register under section 17 of the Act

4,500

00

(x)

as an intern medical practitioner

2,500

00

(b)

for applicants who are not nationals of Malawi:

(i)

in the Technical Assistant grade

US$80

00

(ii)

in the Technical Officer grade

US$80

00

(iii)

in the Professional Officer grade

US$90

00

(iv)

as an optician

US$100

00

(v)

as an intern (Technical Officer grade)

US$80

00

(vi)

as an intern (Professional Officer grade)

US$90

00

(vii)

on a temporary appointment

US$100

00

(viii)

on provisional registration

US$100

00

(ix)

as a medical practitioner or dentist on any register specified in section 17 of the Act

US$100

00

(x)

on the Specialists Register under section 17 of the Act

US$150

00

(xi)

as an intern medical practitioner

US$90

00

Fee per Annum

Upon registration

Upon renewal Malawians

K

t

K

t

   2. For registration—

   (a)   for nationals of Malawi:

      (i)   in any class of Technical Assistant grade

2,000

00

2,000

00

       (ii)   in any class of Technical Officer grade

2,500

00

2,500

00

      (iii)   in a Professional Officer grade

3,000

00

3,500

00

      (iv)   as an optician

4,500

00

6,000

00

      (v)   as a medical practitioner or dentist on the:

         (A)   Main Register under section 26 of the Act

4,500

00

6,000

00

         (B)   Register of Interns under section 30 of the Act

3,000

00

3,500

00

         (C)   Register of Vocational Trainees under section 31 of the Act

4,500

00

6,000

00

         (D)   Provisional Register under section 33 of the Act

4,500

00

6,000

00

         (E)   Temporary Register under section 33 of the Act

4,500

00

6,000

00

         (F)   Specialists Register under section 18 of the Act in addition to the fee in respect of the Main Register

5,500

00

6,000

00

Fee per Annum

Upon registration

Upon renewal of registration

US$

US$

   (b)   for persons working in the Public Service (non-Malawians):

      (i)   in any class of Technical Assistant grade

100

00

100

00

      (ii)   in any class of Technical Officer grade

100

00

110

00

      (iii)   in a Professional Officer grade

120

00

120

00

      (iv)   as an optician

150

00

130

00

      (v)   as a medical practitioner or dentist on the:

         (A)   Main Register under section 26 of the Act

150

00

130

00

         (B)   Register of Interns under section 30 of the Act

120

00

         (C)   Provisional Register under section 33 of the Act

150

00

         (D)   Temporary Register under section 33 of the Act

150

00

130

00

         (E)   Specialists Register under section 18 of the Act in addition to the fee in respect of the Main Register

100

00

130

00

Fee per Annum

Upon application

Upon registration

Private practice

Private sector

US$

US$

US$

US$

   3. For persons who are not nationals of Malawi working in private practice and in the private sector—

   (a)   in any class of Technical Assistant grade

120

00

150

00

150

00

150

00

   (b)   in any class of Technical Officer grade

120

00

150

00

150

00

150

00

   (c)   in a Professional Officer grade

120

00

170

00

170

00

170

00

   (d)   as an optician

200

00

300

00

400

00

400

00

   (e)   as a medical practitioner or dentist on the—

      (i)   Main Register under section 26 of the Act

200

00

300

00

400

00

400

00

      (ii)   Temporary Register under section 33 of the Act

200

00

300

00

300

00

      (iii)   Specialist Register under section 18 of the Act in addition to the fee in respect of the Main Register

200

00

200

00

300

00

300

00

   4. On indexing in a register by students whose training leads to—

   (a)   Technical Assistant grade

250

00

   (b)   Technical Officer grade

300

00

   (c)   Professional Officer grade

350

00

   (d)   a Medical Doctor

450

00

   (e)   Foreign students

US$100

00

Non-Malawian

Malawian

US$

K

t

   5. For Certificate of Good Standing

100

00

10,000

00

   6. For replacement of certificate

10,000

00

   7. For making an application for registration of premises for public service facility providing out-patient and in-patient services

8,000

00

   8. For registration of public service facilities providing out-patient services only—

   (a)   upon issue

10,000

00

   (b)   upon every renewal

8,000

00

   9. For registration of public service facilities providing out-patient and in-patient services—

   (a)   for rural hospitals:

      (i)   upon issue

10,000

00

      (ii)   upon every renewal

13,000

00

   (b)   for district hospitals:

      (i)   upon issue

25,000

00

      (ii)   upon every renewal

25,000

00

   (c)   for urban hospitals:

      (i)   upon issue

40,000

00

      (ii)   upon every renewal

40,000

00

   10. For replacement of premises registration certificate

10,000

00

MEDICAL PRACTITIONERS AND DENTISTS (SPECIALIST REGISTER) (QUALIFICATIONS) RULES

under s. 18 (2)

G.N. 20/1988
15/1991

1.   Citation

   These Rules may be cited as the Medical Practitioners and Dentists (Specialist Register) (Qualifications) Rules.

2.   Recognized specialist qualifications

   Specialist qualifications recognized by the Council as entitling a person to be registered under the Specialist Register shall be as specified in the Schedule:

   Provided that no such qualification shall be so recognized unless—

   (a)   the training therefor was of at least three years duration;

   (b)   it entitles the holder thereof to specialist registration in the country, state or territory where it was obtained.

SCHEDULE

RECOGNIZED SPECIALIST QUALIFICATIONS

PART I
MEDICAL

Speciality

Designation of the Specialist

Qualifications

Medicine

Physician

M.R.C.P. (U.K.), M.R.A.C.P., Dip. Am. Board of Int. Medicine, M.Med. (Medicine), F.R.C.P.C. or equivalent

Paediatrics

Paediatrician

M.R.C.P. (U.K.), M.R.A.C.P., F.R.C.P.C., Dip. Am. Board of Paediatrics, M.Med. (Paediatrics) or equivalent

Obstetrics and Gynaecology

Obstetrician/ Gynaecologist

M.R.C.O.G., F.R.C.S.C., M.R.A.C.O.G., Dip. Am. Board of Obstet./Gyn. M.Med (Obstet./Gyn.) or equivalent

Surgery

Surgeon

F.R.C.S., F.R.A.C.S., F.R.C.S.C., Dip. Am. Board of Surgeons, M.Med. (Surgery) or equivalent)

Pathology

Pathologist

M.R.C. (Path.), F.R.C.P.C., Dip. Am. Board of Pathology or equivalent

Psychiatry

Psychiatrist

M.R.C. (Psych.) F.R.C.P.C., Dip. Am. Board of Psychiatry, M.Med. (Psychiatry) or equivalent

Anaesthesia

Anaesthetist

F.F.A.R.C.A., F.F.A.A.R.C.S., Dip. Am. Board of (Anaesthesiology, M.Med. (Anaesthesia), F.R.C.P.C. or equivalent

Radiology

Radiologist

F.R.C.P.C., Dip. Am. Board of Radiology, M.Med. (Radiology) or equivalent

Ophthalmology

Ophthalmologist

F.R.C.S., F.R.A.C.S., F.R.C.S.C, Dip. Am. Board of Surgeons, M.Med. Ophthalmology or equivalent

Community Medicine

Specialist in Community Medicine

M.F.C.M., (U.K.) or equivalent

Family Medicine

Specialist in Family Medicine

M.R.C.G.P. (U.K.) F.A.A.F.P. or equivalent

PART II
DENTAL

Speciality

Designation of the Specialist

Qualifications

Oral and Maxillo Facial Surgery

Oral and Maxillo Facial Surgeon

F.D.S.R.C.S., F.F.D.R.C.S., Dip Am. Board of Oral and Maxillo Facial Surgery or equivalent

Orthodontics

Orthodontist

F.D.S.R.C.S. or equivalent

Prosthodontics

Prosthodontist

F.D.S.R.C.S. or equivalent

Paedodontics

Paedodontist

F.D.S.R.C.S. or equivalent

Community Dentistry

Specialist in Community Dentistry

F.F.D or equivalent

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (TRAINING) RULES

ARRANGEMENT OF RULES

   RULE

PART I

   1.   Citation

   2.   Interpretation

PART II
DIPLOMA AND CERTIFICATE COURSES OF TRAINING

   3.   Courses for which the Council shall institute diplomas and certificates

   4.   Titles and forms of diplomas and certificates

PART III
APPROVED TRAINING INSTITUTIONS

   5.   Training institutions

   6.   Admission to approved training institutions

   7.   Period of training at an approved training institution

   8.   Instructions to students

PART IV
EXAMINATIONS

   9.   Entry into examinations

   10.   Pass mark

   11.   Approval of examiners and panels of examiners

   12.   Appointment of the Board of Examiners [Deleted by G.N. 31/2006]

   13.   Approval of external examiners

   14.   Dates for sitting examinations [Deleted by G.N. 31/2006]

   15.   Appointment of invigilators [Deleted by G.N. 31/2006]

   16.   Examination centres

   17.   Balance between theory and practicals and continuous assessment

   18.   Approval of markers

   19.   Publication of examination results [Deleted by G.N. 31/2006]

   20.   Supplementary examinations, repetition and withdrawal [Deleted by G.N. 31/2006]

PART V
INSPECTION OF TRAINING INSTITUTIONS

   21.   Inspection

PART VI
INTERNSHIP FOR THE DIPLOMA COURSES IN CLINICAL MEDICINE, DENTISTRY, OPHTHALMOLOGY AND DENTAL TECHNOLOGY

   22.   Internship for Diploma Courses in Clinical Medicine, Dental Therapy and Ophthalmology

      First Schedule

      Second Schedule

      Third Schedule

      Fourth Schedule

      Fifth Schedule
[Revoked by G.N. 31/2006]

      Sixth Schedule

G.N. 80/1993
34/1994
31/2006

PARAMEDICALS AND ALLIED HEALTH PROFESSIONALS (TRAINING) RULES

under s. 45

PART I

1.   Citation

   These Rules may be cited as the Paramedicals and Allied Health Professionals (Training) Rules.

2.   Interpretation

   In these Rules, unless the context otherwise requires—

   “approved training institution” means an institution approved by the Council under subrule (1) of rule 5 or recognized as such under subrule (3) of rule 5;

   “student” means a person pursuing a course of training at an approved training institution;

   “training period” means the period of training in respect of a course of training as prescribed in the Third Schedule; and

   “course of training” means a course of training specified in rule 3.

PART II
DIPLOMA AND CERTIFICATE COURSES OF TRAINING

3.   Courses for which the Council shall institute diplomas and certificates

   Pursuant to section 44 of the Act, the following courses are prescribed as the courses for which the Council shall be the body to authorize the institutions to award diplomas and certificates subject to, and in accordance with these Rules, that is to say, diploma and certificate courses in—

   (a)   Clinical Medicine;

   (b)   Ophthalmology;

   (c)   Dental Therapy;

   (d)   Radiography;

   (e)   Laboratory Technology;

   (f)   Environmental Health;

   (g)   Anaesthesiology;

   (h)   Clinical Orthopaedics;

   (i)   Rehabilitation;

   (j)   Optometry; and

   (k)   Dental Technology.

4.   Titles and forms of diplomas and certificates

   Diplomas and certificates to be recognized by the Council under these Rules shall be specified in the First Schedule.

PART III
APPROVED TRAINING INSTITUTIONS

5.   Training institutions

   (1) A course shall not be recognized by the Council for awards of diplomas and certificates by the institutions under these Rules unless the basic training in that course is conducted at an institution approved by the Council (in these Rules referred to as an “approved training institution”).

   (2) The Council shall not approve an institution for the purpose of subrule (1) unless the institution meets, as a minimum, the requirements specified in Part I of the Second Schedule.

   (3) The institutions specified in Part II of the Second Schedule shall be recognized as approved training institutions for the purposes of subrule (1).

6.   Admission to approved training institutions

   (1) Save as provided in subrules (1) and (2), no person shall qualify to be admitted to an approved training institution unless he has obtained the Malawi Certificate of Education, or its equivalent, with credits in English, Mathematics, Biology and any two science subjects.

   (2) A person who holds a Medical Assistant Certificate or a Nurses Certificate obtained from a recognized institution may be admitted for training in Ophthalmology at an approved training institution notwithstanding that he does not otherwise qualify in accordance with subrule (1).

   (3) A person may be admitted to an approved training institution to embark on training at any stage of the course of training if the Council is satisfied that his previous training or experience is such that it may justify his exemption from the requirements of subrule (1).

   (4) Any person who holds a certificate from an approved training institution shall be eligible for upgrading courses.

7.   Period of training at an approved training institution

   (1) The period of training at an approved training institution for a course for which a diploma or certificate may be awarded under these Rules shall be the period stated in the Third Schedule in relation to such course, inclusive of—

   (a)   periods of vacation leave as may normally occur from year to year; and

   (b)   periods of sick leave granted to a student not amounting to a period long enough to substantially adversely affect the training of such student as determined by the teaching staff of the relevant approved training institution.

   (2) If the course of training is interrupted for reasons other than those mentioned in paragraphs (a) and (b) of subrule (1) the Principal of the relevant approved training institution shall determine whether to recognize the whole or part of the period of training undergone by the student before such interruption as forming part of the period of training stipulated under subrule (1).

   (3) Except for the periods of vacation or sick leave stated in subrule (1) or any period approved by the Council under subrule (2), a student shall be required to undergo continuous training throughout the whole period of the course of training to be eligible for the award of a certificate or diploma in accordance with these Rules.

8.   Instructions to students

   (1) A student shall, during his course of training, be given theoretical and practical instruction in every subject prescribed for any course of training in which he is a student.

   (2) All instructions shall be given to students in accordance with the syllabus approved by the Council from time to time.

   (3) The teaching staff of an approved training institution shall be appointed by the body responsible for the administration of the institution and the appointments shall be made in accordance with the requirements prescribed by the Council with regard to qualifications for such appointments.

   (4) All instructions given to students shall, save as otherwise approved by the Council, be supervised by a medical practitioner, dentist, paramedical or allied health professional, as the case may be, registered as such under the Act.

PART IV
EXAMINATIONS

9.   Entry into examinations

   (1) In order to qualify for entry into an examination to be held under these Rules for any class of persons the following conditions shall apply—

   (a)   in the case of internal candidates, such candidates must have—

      (i)   attended an approved training institution;

      (ii)   fulfilled all the requirements for any particular course of training as certified by the Principal of the institution on the candidates application for sitting the examination.

   (b)   in the case of external candidates, being those candidates who receive their training in a country other than Malawi and wish to sit for the Council’s examinations under these Rules, they must submit to the Council the relevant curricula and transcripts from their training institutions in order to establish their eligibility for such examinations and the Council may contact such institution so as to establish whether the training institution is recognized by the governing body of that country.

10.   Pass mark

   (1) The pass mark for every examination shall be fifty per cent.

   (2) No candidate shall be credited with passing a final examination unless he has satisfied the examiners in all the papers and tests of the examinations or has passed the requisite number of supplementary tests, as provided for in these Rules.

11.   Approval of examiners and panels of examiners

   (1) The Council shall approve the appointment of a panel of examiners for each course of training and shall appoint from amongst members of such panel one examiner for each subject in that course.

   (2) The function of a panel of examiners shall be to assess the standard of examinations set by examiners for the course of training concerned and to evaluate the performance of candidates in all the examinations conducted in respect of such course.

   (3) The function of an examiner shall be to set examination papers and marking guides for examinations to be taken by candidates under these Rules and every examiner shall ensure that the examination paper is ready three months before the date of sitting the examination.

   (4) An examiner shall be appointed for a period of three years at a time and shall be eligible for reappointment, but the training institution may sooner terminate his appointment.

   (5) An examiner shall be paid a fee as prescribed by the training institution.

12.   

   [Deleted by G.N. 31/2006]

13.   Approval of external examiners

   (1) The Council shall approve an external examiner for each subject whose function shall be to provide independent assessment and evaluation of examination papers for such subject and the performance of candidates in the examinations in such subject.

   (2) One person may be appointed as external examiner for more than one subject.

   (3) An external examiner shall be appointed for a period of three years at a time and shall be eligible for reappointment, but the training institution may sooner terminate his appointment.

   (4) An external examiner shall be paid a fee as prescribed by the training institution.

14.—15.

   [Deleted by G.N. 31/2006]

16.   Examination centres

   All approved training institutions shall qualify as examination centres and the Council may establish additional centres throughout Malawi as it considers are required for any particular examination.

17.   Balance between theory and practicals and continuous assessment

   (1) The Council shall give due recognition to the importance of practicals in the training of health professionals and shall ensure that more weight is given to practical examinations than to written examinations but may vary such proportions from one examination to another as it sees fit.

   (2) Continuous assessment of a student’s performance throughout the training period shall form forty per cent of the final grade.

18.   Approval of markers

   (1) All examiners shall participate in the marking.

   (2) The examiners shall ensure that a marking scheme is available before the commencement of the marking.

   (3) A marker shall be paid a fee as prescribed by the training institution.

19.—20

   [Deleted by G.N. 31/2006]

PART V
INSPECTION OF TRAINING INSTITUTIONS

21.   Inspection

   (1) For the purposes of subsections of the Act, an inspectorate team appointed by the Council shall, at least once every year, inspect every approved training institution, including any hospital or other health centre connected with training at that institution, and all such inspectorate teams shall consist of suitably qualified persons to conduct such inspection, but in no case shall a person be part of an inspectorate team inspecting the institution at which such person is a member of the teaching staff.

   (2) A member of an inspectorate team shall be paid such allowances as are payable to the staff of the Council when on duty away from duty station.

PART VI
INTERNSHIP FOR THE DIPLOMA COURSES IN CLINICAL MEDICINE, DENTISTRY, OPHTHALMOLOGY AND DENTAL TECHNOLOGY

22.   Internship for Diploma courses in Clinical Medicine, Dental Therapy and Ophthalmology

   (1) Internship for Diploma in Clinical Medicine and Dental Therapy shall be undertaken for period of twelve months and six months for internship in Ophthalmology and Dental Technology, at hospitals recognized for this purpose by the Council and during the period, an intern shall be regarded as duly employed and shall be entitled to receive a full salary.

   (2) A person undergoing a period of internship pursuant to this rule shall be registered in a register of interns which the Council shall separately establish and maintain in respect of such interns.

FIRST SCHEDULE

PART I
TITLES OF DIPLOMAS AND CERTIFICATES TO BE RECOGNIZED BY THE COUNCIL

Class of Personnel

Title of Award

1. Medical Assistants

Certificate in Clinical Medicine

2. Clinical Officers

Diploma in Clinical Medicine

3. Radiography Technicians

Diploma in Radiography

4. Medical Laboratory Assistants

Certificate in Medical Laboratory Technology

5. Medical Laboratory Technicians

Diploma in Medical Laboratory Technology

6. Health Assistants

Certificate in Environmental Health

7. Assistant Environmental Health Officer

Diploma in Environmental Health

8. Dental Assistants

Certificate in Dental Therapy

9. Dental Therapists

Diploma in Dental Therapy

10. Ophthalmic Clinicians

Diploma in Ophthalmology

11. Orthopaedic Clinical Therapists

Diploma in Clinical Orthopaedics

12. Anaesthetic Clinical Officers

Diploma in Anaesthesiology

13. Optometry

Diploma in Optometry

14. Rehabilitation Technicians

Diploma in Rehabilitation

15. Dental Technicians

Diploma in Dental Technology

PART II
FORM OF DIPLOMAS AND CERTIFICATES

COUNCIL SEAL

CERTIFICATE No. ...............................

MEDICAL COUNCIL OF MALAWI

This is to certify that

.............................................................. has successfully completed a course of training at .......................................... from ............................. to .................................... and, having satisfied the Council’s requirements, has passed the prescribed examination and is hereby awarded a

CERTIFICATE/DIPLOMA

in

.................................................

in accordance with the provisions of the Medical Practitioners and Dentists Act (Cap. 36:01)

...................................
Chairman

...................................
Registrar

   Date: .................................

SECOND SCHEDULE

PART I
MINIMUM REQUIREMENTS FOR RECOGNITION OF A TRAINING INSTITUTION

   1. General

   The training institution must provide the facilities necessary for the training of any specified class of paramedicals and allied health professionals in the courses of training carried on at the institution.

   2. Personnel

   (a)   The administrative head of the training institution shall have appropriate qualification and experience;

   (b)   There must be a sufficient number of teaching staff as shall satisfy the Council that in the prevailing circumstances the ratio of teachers to students is one to ten; and

   (c)   The teaching staff shall have knowledge in teaching methodology.

   3. Physical Facilities

   The training institution must have—

   (a)   offices for members of the teaching staff to enable them to carry out their duties efficiently;

   (b)   an adequate number of, and specious, classrooms so as to permit reasonable comfort to teachers and students;

   (c)   what, in the opinion of the Council, is a minimum supply of appropriate teaching aids and equipment;

   (d)   a library with current or updated reference books, periodicals and other literature necessary for the teaching of subjects relevant to various curricula;

   (e)   a well equipped laboratory; and

   (f)   a hospital suitable for practical experience.

PART II
APPROVED TRAINING INSTITUTIONS

   The following institutions are recognized by the Council as approved training institutions in Malawi—

   (a)   the Malawi School of Health Sciences;

   (b)   the Malamulo School of Medical Sciences;

   (c)   the Rehabilitation (Assistants) Training School; and

   (d)   any other Training School approved by the Council.

THIRD SCHEDULE

PRESCRIBED PERIOD OF TRAINING

Course of training

Period of training

Certificate in Clinical Medicine

2 years plus 12 months of internship

Diploma in Ophthalmology

1 year plus 6 months of internship

Diploma in Clinical Medicine

3 years plus 12 months of internship

Diploma in Radiography

3 years

Diploma in Dental Therapy

3 years plus 12 months of internship

Diploma in Dental Technology

3 years plus 6 months of internship

Certificate in Medical Laboratory Technology

2 years

Diploma in Medical Laboratory Technology

3 years

Diploma in Medical Laboratory Technology upgrading

1 year

Diploma in Clinical Medicine upgrading

1½ years plus 12 months of internship

Diploma in Orthopaedic Clinical Therapy

1½ years

Diploma in Anaesthesiology

1 year

Certificate in Rehabilitation

2 years

Diploma in Rehabilitation

3 years

FOURTH SCHEDULE

   [Revoked by G.N. 31/2006]

FIFTH SCHEDULE

   [Revoked by G.N. 31/2006]

SIXTH SCHEDULE

   [Revoked by G.N. 31/2006]

MEDICAL IMAGING (PRIVATE PRACTICE) REGULATIONS

under s. 69

G.N. 32/2004

1.   Citation

   These Regulations may be cited as the Medical Imaging (Private Practice) Regulations.

2.   Classification of medical imaging for private practice

   Medical imaging for private practice shall be classified as—

   (a)   Category A—Radiography;

   (b)   Category B—Sonography; and

   (c)   Category C—Radiology.

3.   Category ‘A’ Radiography

   (1) A Category ‘A’ Radiography practice shall be a private practice which may be operated as a private practice for service to the general public only by a person registered as a Radiography Technician or Radiographer under the Medical Practitioners and Dentists (Registration and Miscellaneous Fees) Regulations.

   (2) A Licence to operate a Category ‘A’ Radiography private practice shall be issued under the Paramedicals and Allied Health Professionals (Private Practice) Regulations.

   (3) The tests to be performed in a Category ‘A’ Radiography private practice shall be as listed in the Third Schedule, Part I, G of the Paramedicals and Allied Health Professionals Regulations.

   (4) The premises for use by a practitioner licensed to operate a Category ‘A’ Radiography private practice shall, as a minimum, comply with the requirements specified in Part II, E of the Fourth Schedule to the Paramedicals and Allied Health Professionals (Private Practice) Regulations and shall be kept and maintained for use at every such practice, as a minimum, the equipment specified in that Schedule.

4.   Category ‘B’ Sonography

   (1) A Category ‘B’ Sonography private practice shall be a private practice by a person registered as a Sonographer under the Medical Practitioners and Dentists (Registration and Miscellaneous Fees) Regulations.

   (2) A licence to operate a Category ‘B’ Sonography private practice shall be issued under the Paramedicals and Allied Health Professionals (Private Practice) Regulations.

   (3) The tests to be performed in a Category ‘B’ Sonography private practice shall be as listed in Part I, H of the Third Schedule to the Paramedicals and Allied Health Professionals (Private Practice) Regulations.

   (4) The premises for use by a practitioner licensed to operate a Category ‘B’ Sonography private practice shall, as a minimum, comply with the requirements specified in Part II, F of the Fourth Schedule to the Paramedicals and Allied Health Professionals (Private Practice) Regulations and shall be kept and maintained for use at every such practice, as a minimum, the equipment specified in that Schedule.

5.   Category ‘C’ Radiology

   (1) A Category ‘C’ Radiology private practice shall be a private practice which may be operated for the service of the general public by a person registered as a Radiologist under the Specialist Register kept and maintained by the Council in accordance with the Medical Practitioners and Dentists (Specialist Register) (Qualifications) Rules.

   (2) A licence to operate Category ‘C’ Radiology private practice shall be issued under the Medical Practitioners and Dentists (Private Practice) Regulations.

   (3) The range of tests to be performed in a Category ‘C’ Radiology private practice shall include all or any of those applicable in Categories ‘A’ and ‘B’ and as the Council may endorse on the licence of the practitioner having regard to his training, experience and equipment.

   (4) The premises for use by a practitioner licensed to operate a Category ‘C’ Radiology private practice shall, as a minimum, comply with the requirements specified in Part I of these Schedule Regulations and there shall be kept and maintained for use at every such practice, as a minimum, the equipment specified in that Schedule.

SCHEDULE

MINIMUM PREMISES REQUIREMENTS FOR A RADIOLOGY PRIVATE PRACTICE

PART I
PREMISES

   The premises shall have—

   (a)   permanent building materials;

   (b)   waiting room of adequate size to hold ten people with adequate ventilation and toilet facilities;

   (c)   X-ray room of at least thirty square metres with length of at least four by six metres;

   (d)   wall thickness of nine inches plastered brick wall all round or four and a half inches wall plastered with 1.25 mm barium plaster or 150 mm concrete or other equivalents of 22 mm pb;

   (e)   doors lined with lead of 2 mm pb or brick 9 inches with a maze format all 3 m high;

   (f)   viewing window for control panel should be of 1.6 mm pb glass or equivalent radiation protection window or, surrounded in a maze format of equivalent brick or, potable radiation protection shield;

   (g)   ventilation provided by window on the side of the room that is used by persons or by air-conditioner;

   (h)   at least one change room for patients;

   (i)   dark room should be of adequate size for purposes of automatic or manual film processing with a window painted black;

   (j)   workbenches in the darkroom must be made of cleanable and non-corrosive material;

   (k)   film storage of hopper or equivalent holder to avoid light fogging;

   (l)   supply of running water;

   (m)   washing hands facilities: sink or washing basin; and

   (n)   adequate ultrasound room.

PART II
EQUIPMENT AND SUPPLIES

   The following X-ray equipment shall be available—

   (a)   stationery or mobile X-ray unit in good working order, one per room;

   (b)   patient couch;

   (c)   erect chest stand, gotional;

   (d)   pb gown;

   (e)   various sizes of cassettes;

   (f)   grids, optional;

   (g)   automatic processor in good working order;

   (h)   manual processing facility;

   (i)   at least one viewing box;

   (j)   sonar scanner in good working order;

   (k)   printer, optional;

   (l)   CT Scan, optional;

   (m)   MRI Scanner, optional; and

   (n)   Coupling, medium.

{/mprestriction}