MEDICAL ORDINANCE

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Jury Service.

PART II

THE CEYLON MEDICAL COLLEGE

3. College Council to manage the Medical Council.

4. Cost of maintenance.

5. Constitution of College Council.

6. Procedure of College Council Meetings.

7. Certificates.

8. Fees.

9. Appointments.

10. Professors of College to be public officers.

11. Power to make regulations.

PART III

THE SRI LANKA MEDICAL COUNCIL

12. Constitution and duties of Medical Council.

13. Members of Medical Council to be medical practitioners.

14. Tenure of office of members.

15. Vacation of seat by member of Medical Council.

16. Filling up of vacancies.

17. Registrar and other officers.

18. Appeals to Minister.

19. Power to make regulations.

PART IIIA

POWERS OF MEDICAL COUNCIL

19A. Power of persons authorised by the Medical Council to enter and make inquiries at recognised universities and institutions.

19B. Power of Medical Council to require recognised universities and institutions to furnish information.

19C. Power of Medical Council to recommend withdrawal of recognition of qualifications granted by recognised universities or institutions.

19D. Inquiries.

19E. Interpretation.

PART IV

THE REGISTERS

20. Registers to be kept by registrar.

21. Punishment for fraudulently procuring persons to be registered.

22. Continuance of existing registers.

23. Change of residence.

24. Change of qualification.

25. Power to erase name from register and to restore any name to register.

26. Registrar to keep each register up to date.

26A. Renewal of registration.

27. Publication of registers in Gazette.

28. Proof of contents of registers.

PARTV

MEDICAL PRACTITIONERS

29. Registration as medical practitioners.

30. Repealed.

31. Temporary registration of certain doctors employed by the Government.

32. Certificate of experience in approved hospitals or institutions.

33. When may medical practitioner’s name be erased from register.

34. Meaning of “legally qualified medical practitioner”.

35. Registered medical practitioners entitled to practice medicine and surgery.

36. Right to recover charges for medical or surgical advice.

37. Medical certificates.

38. Restrictions practice by unregistered persons.

39. Rights of persons provisionally registered as medical practitioners.

40. Repealed.

41. Saving for Government apothecaries, estate apothecaries and estate dispensers.

42. Women medical missionaries.

PART VI

DENTISTS

43. Qualifications for registration of dentist.

43A. Provisional registration of dentists.

43B. Rights of persons provisionally registered as dentists.

44. Repealed.

45. When may dentist’s name be erased from register.

46. Meaning of “legally qualified dentist”.

47. Registered dentists entitled to practice dentistry and dental surgery.

48. Right to recover charges for dental operation.

49. Restrictions on practice by unregistered persons.

50. Persons holding special licence issued under the Dentists Registration Ordinance.

PART VII

MID WIVES

51. Qualifications for registration as midwife.

52. When may midwife’s name be erased from register.

53. Use of title “registered midwife”.

54. Restriction on practice of midwifery by unauthorised persons.

55. Regulation of the practice of midwifery by midwives.

PART VIII

PHARMACISTS

56. Qualification for registration as pharmacist.

57. When may pharmacist’s name be erased from register.

58. Unlawful pretence to be a pharmacist.

59. Restriction on practice of pharmacy by unqualified persons.

60. Name and qualification of pharmacist to be exhibited in shop.

PART VIIIA

PARA-MEDICAL ASSISTANTS

60A. Registration of Para-medical assistants to be in separate parts.

60B. Qualification for admission to register of para-medical assistants.

60C. When para-medical assistant’s name may be erased from register.

60D. Unlawful pretence to be assistant.

60E. Registration on practice as assistant by unqualified person.

PART VIII AA

PROFESSIONS SUPPLEMENTARY TO MEDICINE

60F. Register of members of medicine.

60G. Qualification for admission to register of members of professions supplementary to medicine.

60H. When a member’s name be erased from register.

60J. Unlawful pretence to be a member of profession supplementary medicine.

60K. Restriction on practice as a supplementary to medicine.

PART IX

NURSES

61. Advisory board.

62. Register of nurses to be in separate parts.

63. Conditions of admission to register.

64. Erasure of names from register of nurses.

65. Unlawful pretence to be a nurse.

66. Restriction on practice of nursing by unregistered persons.

67. Regulation of the practice of nursing.

PART X

SUPPLEMENTARY

67A. Registration as medical practitioners, dentists or nurses of certain persons no qualified under the preceding provisions of this Ordinance.

68. General penalty.

69. Abetment and attempts.

69A. Every offence to be a cognizable.

69B. Forfeiture.

70. Fees.

71. Variation of Schedules.

72. Regulations.

73. Expense of Ordinance.

74. Interpretation.

74A. Apothecary to be known as assistant practitioner.

SCHEDULES

SI 26 of 1927,

SI 5 of 1930,

SI 2 of 1933,

SI 9 of 1933,

SI 35 of 1938,

SI 55 of 1938,

SI 35 of 1939,

SI 45 of 1941,

SI 20 of 1942,

SI 25 of 1946,

10 of 1949,

14 of 1949,

27 of 1949,

36 of 1949,

46 of 1949,

12 of 1952,

23 of 1954,

23 of 1955,

31 of 1961,

37 of 1961,

16 of 1965,

10 of 1979,

23 of 1985,

30 of 1987,

25 of 1988,

13 of 1993,

15 of 1996,

31 of 1997,

33 of 1997,

40 of 1998,

6 of 2014,

1 of 2017.

AN ORDINANCE to amend and consolidate the law relating to the Ceylon Medical College, the Ceylon Medical Council, Medical Practitioners, Dentists, Midwives, Pharmacists, and Nurses.

[Date of Commencement: 5th October, 1928]

PART I

PRELIMINARY

1. Short title.

This Ordinance may be cited as the Medical Ordinance1.

2. Jury Service.

All persons registered under this Ordinance and in actual practice shall be exempt from serving on any jury.

PART II

THE CEYLON MEDICAL COLLEGE

3. College Council to manage the Medical Council.

The Ceylon Medical College (in this Ordinance called “the College”), its property, and affairs shall be managed by the Council of the Ceylon Medical College (in this Ordinance called “the College Council”) in accordance with the regulations for the time being in force under this Ordinance. In this section, “property” shall not include any property transferred to the ownership or control of the University of Ceylon by or under the Ceylon University Ordinance; and “affairs” shall not include any affairs of the University of Ceylon.

4. Cost of maintenance.

The College shall be maintained out of funds provided for the purpose by Parliament.

5. Constitution of College Council.

(1) The College Council is a body corporate by the name and style of “The Council of the Ceylon Medical College”, having perpetual succession, a common seal, and power to acquire and hold land and other property, and consists of—

(a) the person for the time being discharging the duties of the1 Director-General of Health Services;

(aa) the person for the time being discharging the duties of the Director-General, Teaching Hospitals;

[S 5(1)(aa) ins by s 2 of Act 30 of 1987.]

(b) the person for the time being discharging the duties of Deputy Director of Health (Medical Services);

(c) the person for the time being discharging the duties of Professor of Medicine of a university established or deem to be established by the Universities Act, No. 16 of 1978, or such other person as may be nominated by the Minister in place of such Professor under subsection (2);

[S 5(1)(c) am by s 2 of Act 30 of 1987.]

(d) the person for the time being discharging the duties of Professor of Surgery of a university established or deemed to be established by the Universities Act, No. 16 of 1978, or such other person as may be nominated by the Minister in place of such Professor under subsection (2);

(e) the person for the time being discharging the duties of Professor of Anatomy of a university established or deemed to be established by the Universities Act, No. 16 of 1978, or such other person as may be nominated by the Minister in place of such Professor under
subsection (2);

(f) the person for the time being discharging the duties of Professor of Physiology of a university established or deemed to be established by the Universities Act, No. 16 of 1978, or such other person as may be nominated by the Minister in place of such Professor under subsection (2);

(g) the person for the time being discharging the duties of Professor of Obstetrics and Gynecology of a university established or deemed to be established by the Universities Act, No. 16 of 1978, or such other person as may be nominated by the Minister in place of such Professor under subsection (2);

(h) a person nominated by the Minister out of those engaged in teaching at any Government Nurses Training School;

(i) a person nominated by the Minister out of those possessing the degree of Bachelor of Pharmacy or the qualification of Member of the Pharmaceutical Society or other equivalent qualification;

(j) a medical practitioner, nominated as aforesaid, who is neither a lecturer in a university established or deemed to be established by the Universities Act, No. 16 of 1978, or the Ceylon Medical College, nor an officer in the service of the Government, nor in receipt of a pension from the Government.

(2) The Minister may at any time nominate any person to be a member of the College Council in place of any Professor referred to in paragraphs (c), (d), (e), (f) and (g) respectively of subsection (1).

(3) A nominated member of the College Council holds office for three years unless he previously resigns or his appointment is revoked by the Minister, and shall be eligible for renomination.

(4) If any member of the College Council leaves Sri Lanka without the intention of returning thereto, or is absent from Sri Lanka for more than six consecutive months, he shall thereupon cease to be a member.

[S 5(4) am by s 2 of Act 30 of 1987.]

(5) The Minister may appoint and revoke the appointment of any person to be a temporary nominated member in the place of any nominated member being temporarily absent, or ill, or unable, or unwilling to act.

6. Procedure of College Council Meetings.

At every meeting of the College Council, the Director of Health Services, or in his absence the Director-General of Teaching Hospitals or in the absence of both, the Deputy Director of Health (Medical Services) (Sic.).

[S 6 subs by s 3 of Act 30 of 1987.]

7. Certificates.

(1) Subject to any regulations for the time being in force, the College Council may confer on persons who have passed the prescribed examinations and fulfilled the prescribed conditions—

(a) certificates of efficiency as midwives;

(b) certificates of efficiency as apothecaries;

(bb) certificates of efficiency as estate apothecaries;

[S 7(1)(bb) ins by s 2 of Act 16 of 1965.]

(bbb) diplomas of efficiency as apothecaries;

[S 7(1)(bbb) ins by s 2 of Act 10 of 1979.]

(c) certificates of efficiency or proficiency as pharmacists;

[S 7(1)(c) subs by s 2 of Act 23 of 1985; am by s 4(1) of Act 30 of 1987.]

(d) certificates of efficiency as nurses;

[S 7(1)(d) am by s 4(2) of Act 30 of 1987.]

(e) certificates of proficiency as radiographers;

[S 7(1)(e) ins by s 4(3) of Act 30 of 1987.]

(f) certificates of proficiency as medical laboratory technologists;

[S 7(1)(f) ins by s 4(3) of Act 30 of 1987.]

(g) certificates of proficiency as physiotherapists;

[S 7(1)(g) ins by s 4(3) of Act 30 of 1987.]

(h) certificates of proficiency as occupational therapists;

[S 7(1)(h) ins by s 4(3) of Act 30 of 1987.]

(i) certificates of proficiency as electrocardiograph recordists;

[S 7(1)(i) ins by s 4(3) of Act 30 of 1987.]

(j) certificates of proficiency as audiologists;

[S 7(1)(j) ins by s 4(3) of Act 30 of 1987.]

(k) certificates of proficiency as clinical physiologist;

[S 7(1)(k) ins by s 4(3) of Act 30 of 1987.]

(l) certificates of proficiency as speech therapists;

[S 7(1)(l) ins by s 4(3)of Act 30 of 1987]

(m) certificates of proficiency as chiropodists;

[S 7(1)(m) ins by s 4(3) of Act 30 of 1987]

(n) certificates of proficiency as dietitians;

[S 7(1)(n) ins by s 4(3) of Act 30 of 1987.]

(o) certificates of proficiency as ophthalmic auxiliaries;

[S 7(1)(o) ins by s 4(3) of Act 30 of 1987.]

(p) certificates of proficiency as electroencephalograph recordists;

[S 7(1)(p) ins by s 4(3) of Act 30 of 1987.]

(q) certificates of proficiency as nutritionist;

[S 7(1)(q) ins by s 4(3) of Act 30 of 1987.]

(r) certificates of proficiency as clinical psychologists.

[S 7(1)(r) ins by s 4(3) of Act 30 of 1987.]

(2) Any person on whom any diploma or certificate has been conferred under subsection (1) may be deprived of such diploma or certificate by the College Council in such circumstances and in accordance with such procedure as may be prescribed.

8. Fees.

The College Council may charge the prescribed fees (which shall be paid into the Consolidated Fund) for entrance into the College, for continuance therein, for admission to examinations, for attendance at lectures or classes, and for any diploma or certificate issued by the College Council.

9. Appointments.

(1) Where any lecturers or other teachers are necessary for the purposes of any course of study not provided by the University of Ceylon, such lecturers or teachers may be appointed by the College Council. Examiners may in like manner be appointed by the College Council whenever necessary.

(2) There may also he appointed such officers and servants of the College, as may be necessary.

 

10. Professors of College to be public officers.

Every professor, lecturer, examiner, officer, or servant of the College shall be deemed to be a public officer within the meaning of section 19 of the Penal Code.

11. Power to make regulations.

Regulations may be made as to—

(a) the mode and time of convening the meetings of the College Council and of transacting business thereat;

(b) the duties of professors, lecturers, examiners, officers, and servants;

(c) the previous course of instruction to be followed by candidates for the examinations of the College;

(d) the maintenance of good order and discipline among students of the College or persons attending the examinations or lectures of the College, and the exclusion from such lectures and examinations of students or persons contravening such regulations;

(e) the examinations to be passed and the other conditions to be fulfilled by candidates for diplomas and certificates;

(f) the fees to be charged under this Part;

(g) the keeping of accounts of the income and expenditure of the College;

(h) generally all matters relating to the College.

PART III

THE SRI LANKA MEDICAL COUNCIL

[Subs by s 2 of Act 40 of 1998.]

12. Constitution and duties of Medical Council.

(1) The Medical Council shall be a body corporate by the name and style of the “Sri Lanka Medical Council” (hereinafter referred to as the ”Medical Council”) having perpetual succession, and a common seal with power to sue and to be sued in such name and to acquire and hold property movable and immovable and shall consist of—

[S 12(1) subs by s 2 of Act 30 of 1987.]

(a) the president nominated by the Minister;

[S 12(1)(a) subs by s 5 of Act 30 of 1987.]

(b) one member elected by the teachers of the Faculty of Medicine of each of the Universities established or deemed to be established by the Universities Act, No. 16 of 1978;

[S 12(1)(b) subs by s 5 of Act 30 of 1987.]

(bb) one member elected by the teachers of the Faculty of Dental Sciences of each of the Universities established or deemed to be established by the Universities Act, No. 16 of 1978;

[S 12(1)(bb) ins by s 2 of Act 33 of 1997.]

(c) eight members elected by medical practitioners registered under section 29;

[S 12(1)(c) subs by s 5(1) of Act 30 of 1987.]

(d) one member elected by persons entitled to practice medicine registered under section 41;

[S 12(1)(d) subs by s 5(1) of Act 30 of 1987.]

(e) one member elected by dentists registered under section 43;

[S 12(1)(e) subs by s 5(1) of Act 30 of 1987.]

(f) four members nominated by the Minister, of whom at least two members shall not be in the employment of the Government or in receipt of a pension from the Government;

[S 12(1)(f) subs by s 5(1) of Act 30 of 1987.]

(g) the Director-General of Health Services;

[S 12(1)(g) subs by s 5(1) of Act 30 of 1987.]

(h) the Director-General of Teaching Hospitals.

[S 12(1)(h) subs by s 5(1) of Act 30 of 1987.]

(2) A vice-president shall be elected from among the members of the Medical Council, by the Medical Council.

(3) The Medical Council shall perform the duties imposed on it by this Ordinance, and may make representations to the Government on any matter connected with the medical profession in Sri Lanka.

[S 12(3) am by s 5(2) of Act 30 of 1987.]

(4) No person registered under this Ordinance, shall be entitled to vote at an election referred to in paragraphs (c), (d) or (e) of subsection (1), if according to the registers kept under the provisions of the Ordinance he is not resident in Sri Lanka at the time of such election.

[S 12(4) ins by s 5(3) of Act 30 of 1987.]

13. Members of Medical Council to be medical practitioners.

No person shall be eligible to be a member of the Medical Council unless he is a medical practitioner or a person entitled to practice medicine and surgery or a dentist.

[S 13 subs by s 6 of Act 30 of 1987.]

14. Tenure of office of members.

The members of the Medical Council except the members referred to in paragraphs (g ) and (h) of section 12(1) shall hold office for a term of five years, but shall be eligible for re-election or renomination.

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