The Medical, Dental and Allied Health Professionals Act, 2017
This section names the Act and says it starts on a date the Minister appoints by Gazette notice.
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- The Medical, Dental and Allied Health Professionals Act, 2017
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Statute overview
About this statute
This section names the Act and says it starts on a date the Minister appoints by Gazette notice. This Act applies to Mainland Tanzania. This section defines key terms used in the Act, including allied health practitioner, Council, medical practitioner, Minister, and practicing licence. The section establishes the Medical Council of Tanganyika as a body corporate and gives it legal powers, while requiring the Council to notify the Attorney General about pending suits or matters. This section sets out how the Council is made up, who the Minister may appoint, who is disqualified, when the Council may co-opt advisers, and how the Minister may amend the Schedules.
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Provisions of The Medical, Dental and Allied Health Professionals Act, 2017
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Part
PART I
- 1
AI-assisted research summary: This section names the Act and says it starts on a date the Minister appoints by Gazette notice.
1. This Act may be cited as the Medical, Dental and Allied Health Professionals Act, 2017, and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. Application Interpretation - 2
AI-assisted research summary: This Act applies to Mainland Tanzania.
2. This Act shall apply to Mainland Tanzania. In this Act, unless the context otherwise - 3 Verify source ↗
Short title and commencement
AI-assisted research summary: This section defines key terms used in the Act, including allied health practitioner, Council, medical practitioner, Minister, and practicing licence.
3. requires: “allied health practitioner” means a person holding a degree, advanced diploma, diploma or certificate in allied health sciences from an institution recognized by the Council and enrolled or enlisted to practice as such under this Act; “allied health professional” means a person holding a from an in allied health sciences degree 4 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 institution recognized by the Council; “allied health sciences” means health science other than medicine, pharmacy, dentistry or nursing, and includes physisiotherapy, orthotistic, prosthetic, occupational therapy, clinical psychiatry, speech therapy, physiotherapy and any other allied health science as the Minister may, by notice in the Gazette, designate; “committee” means a committee established by the Council under section 8; “certificate” means a document issued to a medical, dental or allied health professionals in accordance with the provisions of this Act; “Council” means the Medical Council of Tanganyika established under section 4; “dental practitioner” means a registered person holding a degree in dentistry from recognized institution and is licensed to practice as such; “dental practice” means the act of giving or offering oral health services inclusive of dental preventive, surgical, restorative and rehabilitative care or advice to an individual, group of persons or an organization; “Deputy Registrar” means the Deputy Registrar of the Council appointed under section 13; “limited registration” means a registration granted to a in Mainland foreigner Tanzania for a specific period of time; to practice intending “List” means a list of medical, dental and allied health practitioner holding a certificate in the relevant fields the Council; recognized by institutions from “medical practitioner” means a person holding a degree, advanced diploma, diploma or certificate in medicine or dentistry institution recognized by the Council, with his level of competency and registered, enrolled or enlisted to practice as such under this Act; from an “medical or dental professional” means registered person holding a degree in medicine or dentistry from an institution recognised by the Council; 5 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 “Minister” means Minister responsible for health; “practicing licence” means a practicing licence issued under this Act authorizing a person to practice as a medical, dental or an allied health professional; “professional misconduct” means a conduct connected with the medical, dental and allied health professional in which, by reason of commission or omission, the practitioner has fallen short of the standard of conduct expected amongst members of the profession, and such falling short is considered to be unacceptable or dishonorable to the profession; “provisional registration” means a registration granted to a medical and dental professionals in accordance with the provisions of section 25; “Register” means the Register of medical, dental and allied health professionals holding a degree; “Registrar” means the Registrar of the Council appointed under section 11; and “Roll” means a roll of medical, dental and allied health practitioner holding advanced diploma or diploma in the relevant fields from institutions recognized by the Council. PART II ESTABLISHMENT OF THE COUNCIL
Part
PART II
- 4
AI-assisted research summary: The section establishes the Medical Council of Tanganyika as a body corporate and gives it legal powers, while requiring the Council to notify the Attorney General about pending suits or matters.
4.-(1) There is established a Council to be known as a Medical Council of Tanganyika. (2) The Council shall be a body corporate with perpetual succession and a common Seal. (3) The Council may, in its corporate name, be (b) capable of: (a) suing and be sued; (b) holding, purchasing or otherwise acquiring immovable and disposing movable or property; (c) entering into contracts or other transactions; (d) borrowing and lending; and (e) doing all or such other acts and things which a body corporate may lawfully perform. 6 Establishment of Council No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Cap. 5 (4) Notwithstanding subsections (2) and (3), the Attorney General shall have the right to intervene in any suit or matter instituted for or against the Council. (5) Where the Attorney General intervenes in any matter pursuant to subsection (4), the provisions of the Government Proceedings Act, shall apply in relation to the proceedings of that suit or matter as if it had been instituted by or against the Government. (6) For the purpose of subsection (4), the Council shall have the duty to notify the Attorney General of any impending suit or matter by, or against the Council. Composition of the Council - 5
AI-assisted research summary: This section sets out how the Council is made up, who the Minister may appoint, who is disqualified, when the Council may co-opt advisers, and how the Minister may amend the Schedules.
5.-(1) The Council shall consist of nine members to be appointed by the Minister as follows: (a) a Chairman who shall be appointed from amongst medical, dental or allied health professionals; (b) a representative from the Ministry responsible for health; (c) a Law Officer representing the Attorney (a) General’s Chambers; (d) one representative nominated by professional health association; (e) three members appointed by the Minister requisite in from qualification discharging of its functions; persons with the Council to assist amongst (f) a repreresentative of regional medical officers; and (g) a representative of persons with disability whose qualification and experience can assist the Council its functions. the performance of in (2) The Minister shall, in making appointments consideration take into under representation of gender balance. subsection (1), (3) A person shall not be appointed as a member of the Council if such person: (a) has been declared bankrupt; (b) has been convicted of a criminal offence and imprisoned for a term exceeding six months; 7 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 (c) is insane to perform the duties of a member; and (d) has been disqualified under the provisions of this Act from practicing as a medical, dental or allied health professional. (4) The Council may co-opt any person with special knowledge or skills to provide expertise to the Council on general or specific issue but such person shall have no right to vote. (5) The provisions of the Schedule to this Act shall have effect as to the tenure of office of members, procedure and conduct of the meetings of the Council. (6) The Minister may, on the advice of the Council and by order published in the Gazette, vary, alter or amend the Schedules to this Act. Functions of the Council - 6
AI-assisted research summary: The Council is given a range of powers and functions over medical, dental and allied health professionals, including advice, supervision, discipline, registration, fees, and approvals.
6. The functions of the Council shall be to: (a) advise the Minister on matters pertaining to regulation, practice and training of medical, dental and allied health professionals; exercise general supervision of professional conduct by medical, dental and allied health professionals; regulate and control continuing professional development for medical, dental and allied health professionals; the maintenance and enforce promote adherence to medical, dental and allied health professional ethics; advise respective institutions responsible for accreditation on the kind of training or the programme requisite knowledge and skill the efficient practice of medicine, dental and allied health sciences; in collaboration with relevant accreditation body, inspect medical, dental and allied health training institutions for the purpose of ascertaining quality of the training offered; caution, censure, suspend from practice, erase from the Register, Roll and List of impart that for (b) (c) (d) (e) (f) (g) 8 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 names of practitioners, after being found guilty and convicted of an offence of professional misconduct; (h) ensure the maintenance of Register, Roll and List; (i) publish in the Gazette and official website of the Council, and names, qualifications of all newly registered and licensed medical and dental professionals and enrolled health professionals and practitioner; addresses enlisted allied or (j) exercise disciplinary control over medical, dental and allied health professionals and practitioner; (k) approve internship centres for medical and dental graduates; (l) inquire into complaint, charge or allegation of improper conduct against any medical, dental or allied health professionals and practitioner registered, enrolled or enlisted under this Act; (m)advise training institutions on matters relating to training of medical, dental or allied health professionals; (n) approve the budget or supplementary budget of the Council; (o) set fees and charges payable under this Act; (p) perform any other functions as may be required under this Act or under any other written law; and (q) issue registration certificates and licenses. Powers of the Council - 7
AI-assisted research summary: The Council may discipline a medical, dental, or allied health professional by cautioning, censuring, suspending, or removing them from the register, roll, or list if listed misconduct or other specified conduct is proved.
7. The Council shall have powers to caution, censure, suspend from practice or erase from the Register, Roll or the List any medical, dental or allied health professional and practitioner as the case may be, who: (a) has breached professional conduct; (b) has been convicted of a criminal offence relating to medical, dental or allied health professionals practice; (c) fails to observe conditions imposed for his 9 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Committees of the Council Delegation of powers registration, enrolment or enlistment; or (d) has done anything that has lowered the esteem and integrity of the medical, dental or allied health profession in relation to professional ethics and standards as determined by the Council. - 8
AI-assisted research summary: The Council may establish committees. The Committee may co-opt non-members to attend meetings and give technical expertise, but those persons cannot vote. The Committee is answerable to the Council.
8.-(1) The Council may, for the purpose of ensuring efficient execution of its functions, establish such number of committees to perform functions of the Council upon such terms and conditions as the Council may deem necessary. (2) The Committee may, in the performance of its functions, co-opt any person who is not a member of the committee to attend its meeting and provide such technical expertise as may be required but such person shall not have a right to vote. (3) The Committee shall, in the performance of its functions under this section, be answerable to the Council. - 9 Verify source ↗
10. Minister may give directions to the Council
AI-assisted research summary: The Minister may give directions to the Council, and the Council may delegate some of its functions, powers, and duties by resolution, subject to stated limits.
9.-(1) The Council may, by resolution and subject to such terms, conditions and restrictions as it may specify, delegate the Council, committee or any employee of the Council, some of its functions, powers and duties conferred or imposed to it by or under this Act as it may deem appropriate. to any member of (2) Delegation made under this section shall not prevent the Council from performing or exercising its function, power or duty delegated. (3) Notwithstanding subsection (1), the Council shall not have power to delegate- (a) its disciplinary and advisory power under this Act; (b) the power to approve the annual budget, supplementary budget and scrutinize financial statements; or (c) its powers to delegate under this Act. Minister may give directions to the Council - 10 Verify source ↗
Minister may give directions to the Council
AI-assisted research summary: The Minister may direct the Council about how it performs its functions under the Act, and the Council must follow those directions.
10. Subject to this Act, the Minister may, where circumstances so require, give to the Council directions 10 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Appointment of Registrar of general or specific nature regarding the performance of its functions under this Act and the Council shall give effect to directives given by the Minister. - 11
AI-assisted research summary: The Minister must appoint a qualified public-service health professional as Registrar of the Council. The Registrar also serves as Chief Executive Officer and Secretary, normally holds office for five years, and may be re-appointed once if performance is satisfactory.
11.-(1) The Minister shall appoint a senior medical, dental or allied health professional from the public service to be the Registrar of the Council. (2) The Registrar appointed under subsection (1), shall be the Chief Executive Officer and Secretary to the Council. (3) The Registrar shall, unless his appointment is terminated, hold office for a period of five years and may, subject to his satisfactory performance, be eligible for re-appointment for one more term. (4) Where the Registrar is absent or unable to carry out any of his functions under this Act, the Deputy Registrar shall perform such functions. (5) Where the Registrar and Deputy Registrar are both absent, any senior officer of the Council shall carry out the functions of the Registrar as the Chairman of the Council may, in writing, direct. Functions of the Registrar - 12
AI-assisted research summary: The Registrar’s functions include issuing certificates and licences, keeping the Register/Roll/List, making corrections, removing names, reinstating names when directed, and doing other tasks assigned by the Council.
12. The functions of the Registrar shall, subject to the approval of the Council, include: (a) issuance of registration certificates and practicing licences; (b) to keep and maintain the Register, Roll and List of medical, dental and allied health professionals and practitioner; (c) to make necessary alterations and corrections in the Register, Roll and List in relation to any entry; (i) health (d) to remove from the Register, Roll or the List- the name of any medical, dental or allied and practitioner ordered to be removed in accordance with the provisions of this Act; and the name of a deceased medical, dental or allied health professionals professional (ii) 11 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 and practitioner; (e) reinstate any name the Register, Roll or List as may be directed by the Council; and removed from (f) perform any other functions as may be assigned to him by the Council. Deputy Registrar - 13
AI-assisted research summary: The Minister must appoint a public-service law officer as Deputy Registrar, and the Deputy Registrar must assist and answer to the Registrar.
13.-(1) The Minister shall appoint a law officer from the public service to be the Deputy Registrar of the Council. (1), shall assist (2) The Deputy Registrar appointed under the subsection performance of his functions under this Act and shall discharge such other duties as may be directed by the Council or the Registrar. the Registrar in (3) The Deputy Registrar appointed under subsection (1) shall, in the performance of his functions be, answerable to the Registrar. (4) Where the Registrar authorises the Deputy Registrar to act on his behalf in any matter, any reference in this Act to “the Registrar” shall include a reference to the Deputy Registrar. (5) The functions and powers of the Deputy Registrar shall be prescribed in the instrument of appointment or regulations made under this Act. Other officers and employees of the Council - 14
AI-assisted research summary: The Council must appoint the officers and employees it requires, and they must be answerable to the Registrar when performing their functions.
14.-(1) The Council shall appoint such number of in various officers and employees of the Council categories as may be required. (2) The officers and employees of the Council their functions, be in the performance of shall, answerable to the Registrar. Appointment of supervisory officers - 15
AI-assisted research summary: The Council may appoint medical, dental, or allied health professionals as supervisory officers for district or regional areas.
15.-(1) The Council may, by notice published in the Gazette, appoint medical, dental or allied professionals and practitioner to be supervisory officers at the district or regional level. (2) A person appointed under subsection (1) shall perform supervisory functions of medical, dental or allied health professionals and practitioner as the case 12 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 may be, and any other functions within the respective district or region, as the Council may direct, including- (a) to conduct preliminary investigation on charges or complaints against medical, dental or allied professionals and practitioner on malpractice, lack of competence, fitness to practice, negligence and misconduct and forward the same to the Council for final determination; (b) to submit to the Council the name of the registered medical, dental or allied health professionals and practitioner who has by any reason ceased to practice; and (c) to collect fees and to perform such other functions as may be determined by the Council. - 16 Verify source ↗
Appointment of Registrar
AI-assisted research summary: Council members, committee members, officers, and employees are entitled to remuneration or allowances at rates set by the Minister.
16. The members of the Council or of its committee, officers and employees of the Council shall be paid remuneration or allowances at such rates as the Minister may, after consultation and approval of the Minister responsible for public service, determine. - 17 Verify source ↗
Immunity
AI-assisted research summary: Council members, committee members, officers, and employees are protected from legal proceedings for acts or omissions done in good faith while exercising powers under the Act.
17. Notwithstanding the provisions of any other written law, no action or other proceedings shall lie or be instituted against any member of the Council or of its committees, officer or any employee of the Council for or in respect of any act or thing done or omitted to be done in good faith in the exercise of the powers conferred by this Act. Remuneration Immunity PART III REGISTRATION AND LICENSING OF MEDICAL, DENTAL AND ALLIED HEALTH PROFESSIONALS Types of registration
Part
PART III
- 18 Verify source ↗
19. Maintenance of Register
AI-assisted research summary: This provision lists the types of registration available for medical and dental professionals under the Act: provisional, full, and limited registration.
18. Types of registration of medical and dental professionals under this Act shall be as follows: (a) provisional registration; (b) full registration; and (c) limited registration. 13 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Maintenance of Register - 19 Verify source ↗
Maintenance of Register
AI-assisted research summary: The Council must establish, keep, and maintain a Register.
19.-(1) For the purpose of section 18, the Council shall establish, keep and maintain a Register. (2) The Register established under this section shall contain particulars of registration and such other particulars as may be directed by the Council. Qualification for registration - 20
AI-assisted research summary: A person is not eligible for registration under this Act unless the Council is satisfied about the required qualifications and, for medical, dental, or allied health professionals, the person has the required degree and has passed the Council examination.
20.-(1) A person shall not be eligible for registration under this Act unless such person satisfies the Council that: (a) in the case of a medical, dentist or allied health professionals he is a holder of a degree in medicine or dentistry, from a recognized institution; and (b) he has passed the examination conducted by the Council. (2) The Minister may, upon consultation with the Council, make additional regulations prescribing qualification or requirements for registration, as he may consider necessary. Procedure for registration - 21
AI-assisted research summary: An applicant for registration must file an application with the Registrar in the prescribed form and include certificates of academic qualifications and the prescribed fee.
21.-(1) A person who to obtain registration under this Part shall submit an application to the Registrar in the prescribed form. intends (2) An application under subsection (1) shall be accompanied by- (a) a certified copy or copies of certificates for academic qualifications of the applicant; and (b) an application fee as may be prescribed in the regulations. (3) The Registrar shall, after receiving an application, refer the application together with his recommendations to the Council for consideration and determination. (4) The Council may, after consideration of the matter- (a) approve the application and direct the Registrar to register the applicant; or (b) reject an application and direct the Registrar to inform the applicant within one month after submission of the application stating the reasons for the Council's decision. 14 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Certificate of registration - 22
AI-assisted research summary: The Registrar must issue a certificate of registration to every registered medical or dental professional immediately after registration, once the prescribed fee is paid.
22.-(1) The Registrar shall, immediately after effecting registration under this Act, issue to every registered medical or dental professional a certificate of registration upon payment of prescribed fee. (2) The certificate of registration shall contain: (a) full names and address of the applicant; (b) registration number; (c) date of registration; (d) academic qualifications and title of the applicant; and (e) such terms and conditions in respect of which a certificate is issued. Privileges and use of titles - 23
AI-assisted research summary: A registered medical, dental, or allied health professional may use the title tied to the registration certificate, may practice, and may recover reasonable charges for professional services.
23. A person registered under this Act as a medical, dental and allied health professional shall be entitled to- to the indicated on (a) take or use the title and description of medical, dental and allied health profession according the title certificate of registration and shall not be allowed to take, use or affix any title or description other than that of registration; (b) practice as a medical, dental and allied health profession and demand, sue for and recover in any court of law reasonable charges for professional services, aid, advice and visits. Internship training - 24
AI-assisted research summary: Some health professionals must apply for provisional registration before internship training, and provisionally registered persons must report to the training centre.
24.-(1) A medical, dental or allied health professional who intends to undergo internship training three months after completion of shall, within undergraduate the Council for to training, apply provisional registration. (2) A person who is provisionally registered under subsection (1) shall, report to the centre of training for the purpose of internship training, failure of which to cancellation of his provisional shall amount registration. Provisional registration - 25
AI-assisted research summary: Medical or dental professionals may not start internship training unless the Council has granted provisional registration.
25.-(1) A medical or dental professional shall not undergo internship training, unless he has been granted 15 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 (2) provisional registration by the Council. The procedures and for provisional registration shall be as prescribed in the regulations. requirement Full registration as a medical or a dental professional Registration for foreigners (3) A person who obtains provisional registration shall, upon payments of prescribed fee, be issued with a certificate of provisional registration. (4) A provisionally registered medical or dental professional shall be deemed to be registered as far as it is necessary to enable him to practice under the supervision of a senior registered medical or dental practitioner. - 26
AI-assisted research summary: A person who has completed the internship programme and worked or practised as medical may be entitled to full registration as a medical or dental professional on application to the Council.
26.-(1) A person who has completed internship programme and has worked or practised as medical, shall, upon dental and allied health professional application to the Council, be entitled to full registration as medical or dental professional. (2) Application for full registration under this section shall be accompanied with: (a) certified copy of completion of internship certificate; and (b) such other particulars as may be required for that purpose. - 27
AI-assisted research summary: A foreigner who wants to practise as a medical, dental, or allied health practitioner must apply to the Council with specified documents, and may be eligible for limited registration.
27.-(1) A foreigner who intends to practice as a medical, dental or allied health practitioner under this Act, shall submit an application to the Council together with copies of certificate of his qualification, certificate of registration from the registration authority of his jurisdiction, original certificate of good standing from the last jurisdiction of practice and such other particulars as may be prescribed in the regulation. (2) Subject to subsection (1), a foreigner shall be eligible for limited registration. (3) The period for limited registration shall be as prescribed in the regulations. Cancellation or suspension of certificates - 28
AI-assisted research summary: If the certificate holder does not follow the required registration conditions, the Council may cancel or suspend the certificate, subject to section 29.
28. Where the holder of the certificate fails to observe the imposed conditions of his registration as required, the Council may, subject to section 29, cancel 16 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Procedure for cancellation or suspension or suspend the certificate of registration granted to the holder under this Act. - 29
AI-assisted research summary: If a medical, dental, or allied health professional breaches registration terms, the Registrar must issue written notice, the professional must respond in writing, and the matter may lead to recommendation, cancellation, or suspension of registration.
29.-(1) Where the medical, dental or allied health professional is in violation of the terms and conditions of his registration, the Registrar shall, on the directives of the Council, serve on the medical or dental professional a notice in writing specifying the nature of default. (2) Upon receipt of the notice under subsection (1), medical, dental or allied health professional as the case may be shall make representation in writing to the Registrar on the rectification of the default. (3) Where the medical, dental or allied health professional fails to rectify the default within the time specified in the notice or fails to make representation the Registrar shall satisfactory recommend to the Council for cancellation or suspension of the Certificate of registration. the Registrar, to Practicing licence (4) The Council shall, if it is satisfied with the recommendations made under subsection (3), direct the Registrar the Certificate of registration. to cancel or suspend - 30
AI-assisted research summary: Medical, dental, and allied health professionals who want to practice under this Act must apply to the Council for a practicing licence.
30.-(1) A person who is a medical, dental or allied health professional and intends to practice under this Act, shall apply to the Council for a practicing licence. (2) An application for practicing licence referred to under subsection (1), shall be accompanied with: (a) certificate of registration; (b) prescribed fee; (c) a professional stamp which shall be in the the form prescribed and in manner regulations; and (d) such other documents as the Council may deem appropriate. (3) Where reject application the Council submitted under subsection (1) the Registrar shall inform the applicant within three months stating the reasons for the rejection. 17 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Renewal of practicing licence - 31 Verify source ↗
Qualification for registration
AI-assisted research summary: A practising licence can be renewed if the applicant pays the prescribed fee and proves continuing professional development.
31.-(1) A practicing licence issued under section 30 shall be subject to renewal, upon payment of prescribed fees. (2) A practicing licence shall not be renewed unless the applicant proves that he has undergone continuing professional development, in the manner prescribed in the regulations. (3) Procedures for renewal of practicing licence shall be as prescribed in the Regulations. PART IV ENROLMENT, ENLISTMENT AND LICENSING OF MEDICAL, DENTAL AND ALLIED HEALTH PRACTITIONERS Requirement for enrolment and enlistment
Part
PART IV
- 32
AI-assisted research summary: People who want to practice as medical, dental, or allied health practitioners must enroll or enlist with the Council before practicing, and enrolled or enlisted health practitioners must hold a listed qualification from a Council-recognized institution.
32.-(1) Health practitioners to be enrolled or enlisted under this Part shall be those holding advanced diploma, diploma or certificate in medicine, dentistry or allied health sciences from an institution recognized by the Council. (2) A person who intends to practice as medical, dental or allied health practitioner shall, before practicing, be required to enroll or enlist with the Council. Qualification for enrolment and enlistment - 33
AI-assisted research summary: A person must enroll or enlist with the Council as a medical, dental, or allied health practitioner if they hold a recognized diploma, advanced diploma, or certificate. The Minister may specify additional qualifying certificates or qualifications by Gazette notice.
33.-(1) A person shall- (a) enroll with the Council as medical, dental and allied health practitioner if such person is awarded advanced diploma or a diploma from an institution recognized by the Council; and (b) enlist with the Council as medical, dental or allied health practitioner if such person is awarded a certificate recognized by the Council. (2) The Minister may, on the recommendation of the Council and by notice publish in the Gazette, specify other certificates or qualifications which shall entitle the holder thereof for enrolment and enlistment under this Act. 18 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Procedure for enrolment and enlistment Issuance of certificate of enrolment or enlistment - 34
AI-assisted research summary: People who want to enrol or enlist as a medical, dental, or allied health practitioner must file an application in the prescribed form with the Registrar.
34.-(1) A person who intends to enrol or enlist as medical, dental and allied health practitioner shall submit his application in the prescribed form to the Registrar. (2) An application form under subsection (1), shall contain such particulars as may be determined by the Council and shall be accompanied by: (a) a certified copy or copies of certificate for academic qualifications of the applicant; and (b) enrolment or enlistment fee as may be prescribed by the Council. - 35
AI-assisted research summary: The Registrar must issue the relevant certificate when directed by the Council and after the prescribed fee is paid. The Council must impose conditions on certificates and, if an application is refused, direct written notice of reasons to the applicant.
35.-(1) The Registrar shall, on the directive of the Council and upon payment of prescribed fee, issue to every enrolled or enlisted medical, dental and allied a certificate of enrolment or health practitioner enlistment as may be prescribed. (2) A certificate to be issued under subsection (1) shall be signed by the Chairman and the Registrar, and shall on production thereof in any way be admissible as prima facie evidence of enrolment or enlistment under this Act. (3) The Council shall, in granting a certificate of enrolment or enlistment to the medical, dental and allied health practitioner under this Act, impose specific or general conditions to be observed by the holder of the certificate. (4) Where an application for enrolment or enlistment is not granted, the Council shall direct the Registrar to notify the applicant in writing stating the reasons for the decision of the Council. Practicing licence for medical, dental and allied health practitioner - 36
AI-assisted research summary: A qualified person who wants to practise must apply to the Council for a practicing licence. The Council may approve issuance by the Registrar or reject the application and have the Registrar give reasons.
36.-(1) A person who is enrolled or enlisted under this Act and intends to practise as medical, dental and allied health professional shall apply to the Council for a practicing licence. (2) Subject to subsection (1), the Council may- (a) approve the Registrar to issue a practicing licence to the applicant; or the application and direct 19 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 (b) reject an application and direct the Registrar to inform the applicant reasons for the Council’s decision. Renewal of practicing licence for medical, dental and allied health practitioner - 37
AI-assisted research summary: A practicing licence issued under section 36 must be renewed and the prescribed fees paid; the Registrar may also ask for more information.
37.-(1) A practicing licence issued under section 36 shall be subject to renewal, upon payment of prescribed fees. (2) Procedures for renewal under section 31 shall apply mutatis mutandis to renewal under this section. Registrar may call for further information Cancellation or suspension of certificates of enrolment or enlistment Enrolment or enlistment of foreigners - 38
AI-assisted research summary: The Registrar may ask any practitioner for information about the practitioner’s qualifications, either on the Registrar’s own motion or on instruction from the Council.
38. The Registrar may, on his own motion or on the instruction from the Council, request any practitioner to furnish him with necessary information regarding his qualifications. - 39
AI-assisted research summary: If the certificate holder fails to follow the imposed conditions, the Council may cancel or suspend the certificate.
39.-(1) Where the holder of the certificate of enrolment or enlistment fails to observe the imposed conditions as required, the Council may cancel or suspend the certificate of enrolment or enlistment granted to him under this Act. (2) The provisions of section 29 shall apply mutatis mutandis in relation to the procedure for cancellation or suspension of the certificate for enrolment or enlistment under this section. - 40 Verify source ↗
Requirement for enrolment and enlistment
AI-assisted research summary: Foreigners with an advance diploma, diploma, or certificate who want to enrol or enlist as medical, dental, or allied health practitioners must be registered as limited enrolled or enlisted for a specific period.
40.-(1) Any foreigner who hold an advance diploma, a diploma or a certificate and intends to be enlisted or enrolled as medical, dental and allied health practitioners time shall be registered as a limited enrolled or enlisted. for specific period of (2) Procedure for enrolment or enlistment of foreigners under this section shall be prescribed in the regulations. PART V DISCIPLINARY PROVISIONS Management of complaints
Part
PART V
- 41 Verify source ↗
Management of complaints
AI-assisted research summary: Complaints about an allegedly unfit medical, dental, or allied health professional must be lodged with the Registrar, who forwards the matter to the Council.
41.-(1) Where a medical, dental or an allied health professional is alleged to be unfit to practice, such complaints shall be lodged to the Registrar who shall forward the matter to the Council. 20 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 (2) A medical, dental or an allied health professional shall be considered unfit to practise under this Act, if such person- (a) has breached code of ethics; (b) is incompetent; (c) has been convicted of an offence relating to medical, dental or allied health professionals practice; (d) has committed any malpractice, negligence, breach or any directives issued under this Act; (e) is mentally sick and approved as such by the Medical Board in Tanzania or any other licensing authority responsible for health regulation in any other jurisdiction. (3) For the purpose of subsection (2), the term “unfit to practise” shall be construed to include: (a) contravention of the provision of this Act or regulations; (b) failure to abide by terms, conditions or limitations of a registered, enlisted, enrolled as a medical, dental or an allied health professional, as the case maybe; (c) having a conflict of interest which affects the clients and a registered, enrolled or enlisted professional; (d) practicing without being registered, enrolled or enlisted or without a practicing licence; (e) an attempt to use his own certificate, number or seal of another medical, dental and allied impersonate any health professional or registered, enrolled or enlisted medical, dental or allied health professional; (f) abetting or aiding illegal practice of a allied health an medical, dental or professional; (g) furnishing false information or documents to the Council in order to secure a certificate of registration, enrolment or enlisting; (h) impersonation of a registered, enrolled or enlisted medical, dental or an allied health temporary professional or a holder of 21 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 registration certificate; (i) abusing a client verbally, physically, sexually (j) or in any other way; influencing a client to change his will, on health care directive; (k) abandoning a client who is in need of attention; (l) misappropriating drugs or other property to any (m) failing belonging to a client or an employer; report incompetence, negligence or professional misconduct of a medical, dental or allied health professionals, whose actions endanger the health of a client; (n) failure to exercise discretion in respect of the disclosure of confidential information about the client; or (o) any other conduct as the Council may deem fit. (4) Any complaints under this section shall be accompanied by a written statement made by the complainant or any other person acting on his behalf or any other person interested in the act giving rise to the complaint. (5) Notwithstanding subsection (4), the Council may, on its own motion, initiate any preliminary inquiry into a medical, dental or an allied health professional if is satisfied that the information received by the Council warrants holding of a preliminary inquiry. (6) Any complaint lodged to the Council shall be in the manner prescribed in the regulations. (7) Notwithstanding subsections (1) to (6), the Minister may by order published in the Gazette make rules prescribing procedure for conducting inquiry. - 42
AI-assisted research summary: The Council may hold an inquiry into alleged misconduct and can impose disciplinary outcomes after due inquiry.
42.-(1) The Council shall, where it is of the opinion that a prima facie case is established by the complainant, direct that an inquiry be held. (2) The Council shall give opportunity for a medical, dental or allied health professional against whom misconduct is alleged, to appear before the Council, and may be legal representative. represented by a 22 Procedure for inquiry No. 11 The Medical, Dental And Allied Health Professionals Act 2017 (3) Where a medical, dental or allied health professional fails to appear at an inquiry without reasonable excuse and the Council is satisfied that a notice was duly served, the Council may proceed with the inquiry as if the medical, dental or the allied health professional was present. (4) The Council may, after due inquiry made in accordance with the provisions of this Act- (a) order the removal of the name of the medical, dental or allied health professional from the Register, Roll or a List; (b) order the suspension from the practice of the medical, dental or allied health professional for such period as the Council may consider necessary; (c) caution, censure or otherwise reprimand the medical, dental or allied health professional; or (d) order payment of costs involved in the inquiry or such other cost as may be appropriate. (5) The Registrar shall, within seven days after determination of the inquiry, communicate the decision of the Council to the parties. (6) The Council shall have power to summon any witness and may require such witness to produce any document for the purpose of the inquiry. - 43
AI-assisted research summary: The Registrar must serve the Council’s decision on the affected professional within one month after the inquiry ends. An aggrieved person may ask the Council to review the decision and may appeal to the Minister within 45 days of receiving it.
43.-(1) The Registrar shall, within one month after the conclusion of an inquiry by the Council, serve a notice of decision of the Council on the medical, dental or the allied health professional in respect of whom an inquiry was held. (2) Notwithstanding subsection (1), a person who is aggrieved by the decision of the Council may apply to the Council for review. (3) A person who is aggrieved by the decision of the Council under subsection (2) may, within fourty five days from the date of receipt of the decision, appeal to the Minister. 23 Notification and publication of decision of the Council No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Appeal against decision of the Council - 44 Verify source ↗
Notification and publication of decision of the Council
AI-assisted research summary: A person aggrieved by the Minister’s decision may seek redress in the High Court within 30 days of the decision.
44. A person who is aggrieved by the decision of the Minister may, within thirty days from the date of decision, seek redress to the High Court. PART VI FINANCIAL PROVISIONS Sources of funds Annual report and accounts
Part
PART VI
- 45
AI-assisted research summary: The Council’s funding may come from several listed sources, and fees and charges under the Act must be set by regulation.
45.-(1) Sources of funds for the Council shall include: (a) monies appropriated by as may be Parliament; (b) any funds or assets which may be vested in (c) (d) or accrued from other sources; loans granted by the Government or by any other person or body; fees imposed and other charges collected from provision of services under this Act; (e) gifts, grants and donations; (f) proceeds derived from sale of assets or any other source of income identified by the Council; and (g) any other monies received by or made available to the Council for the purpose of its functions. (2) The fees and charges payable under this Act shall be as prescribed in the regulations. - 46
AI-assisted research summary: The Council must prepare and submit an annual implementation report each financial year, ensure annual financial statements are prepared and audited within three months after year-end, and include specified statements in those financial statements.
46.-(1) The Council shall, at the end of each financial year, prepare an annual implementation report on the activities of the financial year and submit the report to the Minister. (2) The Council shall ensure that the annual financial statements are prepared and audited by the Controller and Auditor General three months after the end of each financial year. (3) The financial statements shall include: (a) statement of financial performance; (b) statement of financial position; (c) statement of cash flows; (d) statement of changes of equity; and (e) notes to the financial statements. 24 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 (3) No expenditure shall be made unless authorized by the Council within the estimates of that financial year. Submission of annual financial report - 47 Verify source ↗
48. Management and control of funds
AI-assisted research summary: The Council must send an annual report and supporting accounts to the Minister within six months after each financial year, and the Minister must present the audited accounts and annual report to the National Assembly as soon as practicable.
47.-(1) The Council shall, within six months after the end of each financial year, submit to the Minister a report of activities and operations of the Council during that year and be accompanied by- (a) a copy of the audited accounts of the Council; (b) a copy of the accounts; and the Auditor’s report on (c) any other information as the Minister may direct. (2) The Minister shall, as soon as practicable, lay before the National Assembly the audited accounts and the annual report of the Council. Management and control of funds Annual and supplementary budget - 48 Verify source ↗
Management and control of funds
AI-assisted research summary: The Council must keep proper accounting records, prepare annual financial statements, and use its funds and resources to carry out the Act’s objectives.
48.-(1) The Council shall keep books of accounts in and maintain proper records of accordance with national accounting standards. its operations (2) The Council shall cause to be prepared and kept proper books of accounts and record with respect to: (a) the assets and liabilities; (b) the receipt and expenditure of monies and other financial transactions; and (c) a statement of financial position and a statement indicating details of the financial performance to be prepared in every financial year. (3) The funds and resources of the Council shall be used for the better carrying out of the objectives of this Act. (4) The Council’s expenditure shall be subject to monitoring and review. - 49 Verify source ↗
Operational principles
AI-assisted research summary: The Council must approve the annual budget at least one month before each financial year begins, and must approve a supplementary budget if extra or unprovided-for disbursements are needed.
49.-(1) The Council shall, not less than one month before the beginning of any financial year, approve the annual budget of the amount expected to be received and disbursed during that financial year. (2) Where in any financial year, the Council requires to make any disbursement not provided for or of 25 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 an amount in excess of the amount provided for in the annual budget for that year, the Council shall approve a supplementary budget detailing the disbursement. (3) The annual budget and every supplementary budget shall be in the form and manner as may be prescribed or directed by the Minister. Operational principles - 50 Verify source ↗
Powers to invest
AI-assisted research summary: The Council must keep and update its accounts and documentation, deposit all cash into the revenue account, pay from the expenditure account, and avoid spending Council funds unless the expenditure is in a Minister-approved expenditure plan.
50.-(1) The Council shall: (a) open and operate all sets of books of accounts, and other subsidiary books of accounts in accordance with its accounting manual; and journals, ledgers, (b) review and change its documentation in order to facilitate the proper keeping of books of account as may be directed by the relevant authorities. (2) All cash received shall be deposited to the revenue account and payments shall be made from the expenditure account. (3) An expenditure shall not be incurred from the funds of the Council unless that expenditure is part of the expenditure plan approved by the Minister. Powers to invest - 51 Verify source ↗
PART VII
AI-assisted research summary: The Council may invest any monies if it first gets the Minister’s approval and consults the Minister responsible for finance.
51. The Council may, after obtaining approval of the Minister and in consultation with the Minister responsible for finance, invest any monies in such a manner as it deems fit. Offence for illegal practicing PART VII OFFENCES AND PENALTIES
Part
PART VII
- 52
AI-assisted research summary: This section makes it an offence to falsely practise as a medical, dental, or allied health professional, practise without registration, or practise or receive payment without a valid practising licence.
52.-(1) A person who wilfully and falsely practices as medical, dental or allied health professional and practitioner knowing that he is not qualified as such, commits an offence and upon conviction, shall be liable to a fine not less than five million shillings but not exceeding ten million shillings or imprisonment for a term of not less than one year but not exceeding two years or to both. (2) A person who practices as medical, dental or allied health professional and practitioner without being 26 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 registered, enrolled or enlisted under this Act commits an offence and shall, upon conviction, be liable to a fine of not less than two million shillings but not exceeding five million shillings or to imprisonment for a term of not less than six months but not exceeding twelve months or to both. (3) A person who practices as a medical, a dental or an allied health professional and practitioner or receives payment without a valid practicing licence, commits an offence and shall, upon conviction, be liable to a fine of not less than one million shillings but not exceeding two million shillings or to imprisonment for a term of not less than three months but not exceeding five months or to both. (4) In addition to the penalties imposed under this section, the trial court as the case may be, may order that any drugs, poisons, medicines, needles, surgical, medical, dental or diagnostic instruments or appliances used by or belonging to or found in possession of a person convicted, be dealt with in accordance with the Tanzania Food and Drugs Authority Act. - 53
AI-assisted research summary: A person who uses false statements or fake documents to help obtain registration, enrolment, enlistment, or a practising licence, or who takes payment for practising medicine or dentistry without being registered, commits an offence.
53. Any person who: (a) abets, procures or attempts to procure registration, enrolment or enlistment or practicing licence by- (i) making or causing to be made any false statement; (ii) producing any false or fraudulent documents; (b) receives any payment for practicing medicine or dentistry, without being registered, enrolled or enlisted, commits an offence and shall, on conviction, be liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than one year but not exceeding two years or to both. - 54
AI-assisted research summary: A person summoned by the Council must appear and produce required documents, unless there is reasonable cause; otherwise the person commits an offence and may have a practising licence suspended or cancelled on conviction.
54. Any person summoned by the Council, who: (a) fails without reasonable cause to appear before the Council; or 27 Cap.219 Offence for illegal registration General penalty against certain offences No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Misrepre- sentation Penalty for employing persons without valid licence Observance of Code of Ethics Additional qualifications (b) fails to produce any document which he is required to produce, commits an offence and on conviction shall have his practicing licence suspended or cancelled by the Council. - 55
AI-assisted research summary: A person must not falsely use, or let someone else use, a name, title, or description implying qualification to practice as a medical, dental, or allied health professional; doing so is an offence.
55. Any person who falsely uses or willfully allows a person to use any name, title or description implying a qualification to practice as a medical, dental or allied health professional and practitioner commits an offence and shall, on conviction, be liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than one year but not exceeding two years or to both. - 56
AI-assisted research summary: A person commits an offence if they employ someone to practice as a medical, dental, or allied health professional without a valid practising licence.
56. A person who, employs any other person to practice as medical, dental or allied health professional and practitioner in a capacity of a registered, enrolled or enlisted medical, dental or allied health professional and practitioner without valid practicing licence, commits an offence, and shall, on conviction, be liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a period of not less than one year but not exceeding two years or to both. PART VIII GENERAL PROVISIONS
Part
PART VIII
- 57
AI-assisted research summary: Medical, dental, and allied health professionals or practitioners registered, enrolled, or listed under this Act must observe the Code of Ethics.
57.-(1) There shall be a Code of Ethics for Professional Conduct for medical, dental and allied health professionals and practitioner which shall be known as the “Code of Ethics”. (2) A medical, dental or allied health professional and practitioner registered, enrolled or listed under this Act shall observe the Code of Ethics and a breach of any of the provisions of this Act shall amount to misconduct. - 58
AI-assisted research summary: A registered, enrolled, or enlisted person who has a recognized additional health qualification may apply to the Council to have that qualification recognized.
58. A person who is registered, enrolled or enlisted under this Act and has been awarded an additional qualification related to health matters from a recognized institution, may apply to the Council for recognition of the additional qualification in a manner to be prescribed in the regulations. 28 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Change of address - 59
AI-assisted research summary: Medical, dental, and allied health professionals must immediately notify the Registrar in writing whenever their address changes.
59. Every medical, dental or allied health professional and practitioner shall, immediately and in writing, notify the Registrar of any change of his address. Retention in the register, roll or list Reciprocal recognition Application for review Publication of registered, enrolled and enlisted professionals Power to make regulations - 60
AI-assisted research summary: Inactive registered medical, dental, or allied health practitioners must keep their names on the relevant register, roll, or list through annual renewal.
60.-(1) Any registered medical, dental or allied health professional and practitioner who does not practice shall retain his name in the Register, Roll or List as the case may be, through annual renewal. (2) Subject to the provision of subsection (1), the Minister may, by notice published in the Gazette prescribe the retention fee from time to time. - 61
AI-assisted research summary: The section provides for reciprocal recognition of certain registered medical, dental, and allied health professionals from other countries when Mutual Recognition Agreements are made.
61. There shall be reciprocal recognition for persons registered as medical or dental and allied health professionals and practitioner with other countries upon entering into Mutual Recognition Agreements between the Council and other professional regulatory bodies. the Registrar - 62
AI-assisted research summary: A person aggrieved by a registration, enrolment, or enlistment decision may apply to the Council for review within 30 days of notification.
62.-(1) Any person who is aggrieved by a decision of registration, enrolment or enlistment may, within thirty days from the date of notification of the decision, apply to the Council for review. regarding (2) The Council may, after hearing the Registrar issue to the and the professional and practitioner Registrar such directives as it may consider necessary. (3) The Council may make rules for regulating the hearing of applications for review. - 63
AI-assisted research summary: The Registrar must publish the names of registered, enrolled, or enlisted persons under the Act in the official Gazette, websites, or other media by 31 March each year, and also at other times set by the Council.
63. The Registrar shall not later than 31st March of every year and at such other times as may be determined by the Council, cause publication of names of registered, enrolled or enlisted persons under this Act in the official Gazette, websites or other media. - 64
AI-assisted research summary: The Minister may make regulations for carrying out the Act, after consulting the Council.
64.-(1) The Minister may, after consultation with the Council, make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the regulations may prescribe: (a) qualifications which shall be recognized as 29 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 entitling the holder to be registered, licensed, enrolled or enlisted under this Act; (b) standards of professional conduct of medical, dental and allied health professional and practitioner; (c) standard guidelines for inspection and accreditation of centres of internship; (d) various forms to be used under this Act; (e) conduct of internship program; (f) procedures for renewal of practicing licences under this Act; (g) procedure for appeals under this Act; (h) matters in respect of which fees shall be payable under this Act; (i) conduct of professional development; and (j) anything which in the opinion of the Council is incidental or conducive to the performance and exercise of its functions and powers under this Act. Repeal and savings Cap.152 - 65 Verify source ↗
Offence for illegal practicing
AI-assisted research summary: This section repeals the Medical Practitioners and Dentists Act and keeps certain past actions and subsidiary legislation effective under the new Act, subject to inconsistency and revocation rules.
65.-(1) The Medical Practitioners and Dentists Act is hereby repealed. (2) Notwithstanding the repeal under subsection (1) anything done or any action taken or purported to have been done or taken under the repealed Act shall, in so far as its not inconsistent with the provisions of this Act, be deemed to have been done or taken under corresponding provisions of this Act. (3) All subsidiary legislation made or issued under the repealed Act which are in force on the commencement of this Act, shall be deemed to have been made or given under the provisions of this Act and shall remain in force until they are revoked by subsidiary legislation made under this Act. 30 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 ________ SCHEDULE _________ (Made under section 5(5)) _________ PROVISIONS RELATING TO THE COUNCIL Appointment of Vice-Chairman
Part
SCHEDULE
- 1
AI-assisted research summary: Members must elect one of their members to be the Council’s Vice-Chairman, and the elected person serves for three years.
1. Members shall elect one amongst its members to be the Vice-Chairman of the Council and such member elected shall hold office for a term of three years. Tenure of office Meeting of the Council - 2
AI-assisted research summary: A member normally holds office for three years and may be reappointed for one further term.
2.-(1) A member shall, unless the appointing authority terminates his appointment, or ceases in any other way to be a member, hold office for a period of three years but shall be eligible for reappointment for another one term. (2) A member appointed by virtue of his office shall cease to be a member upon ceasing to hold the office entitling him to appointment to the Council. - 3 Verify source ↗
Short title and commencement
AI-assisted research summary: The Council must meet at least once every three months, and the Chairman or Vice-Chairman may call special meetings and preside over meetings.
3.-(1) The Council shall ordinarily meet at such times and places as it deems necessary for transaction of its business, but shall meet at least once in every three months. (2) The Chairman or in his absence, the Vice- Chairman, may at any time call a special meeting of the Council upon request by a majority of the members. (3) The Chairman or in his absence the Vice- Chairman, shall preside at every meeting of the Council and in the absence of both the Chairman and the Vice- Chairman, the members present shall appoint a member from amongst themselves to preside over the meeting. (4) A member of the Council who fails to attend at least two consecutive meetings in a calendar year without giving any reason shall cease to be a member and a vacant position may be filled accordingly. Quorum - 4
AI-assisted research summary: A Council meeting has quorum only if at least two thirds of the members are present.
4. The quorum at any meeting of the Council shall be two third of the members. Decision of the Council - 5
AI-assisted research summary: Council matters are decided by majority vote, and the presiding person gets a casting vote if votes are equal.
5. Matters proposed at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the person presiding over the meeting shall have a casting vote in addition to his deliberative vote. Minutes of meetings - 6
AI-assisted research summary: The Registrar must keep minutes of business conducted at the meeting, and the minutes must be read, confirmed or amended and confirmed at the next Council meeting, then signed by the presiding person and the Secretary.
6. The Registrar shall record and keep minutes of all business conducted or transacted at the meeting and the 31 No. 11 The Medical, Dental And Allied Health Professionals Act 2017 Absence not to invalidate proceedings Council may regulate its own proceedings Orders and documents Seal of the Council minutes of each meeting of the Council shall be read and confirmed or amended and confirmed at the next meeting of the Council and signed by the person presiding over the meeting and the Secretary. - 7
AI-assisted research summary: The Council’s acts and proceedings remain valid even if some members are absent or one member was wrongly appointed.
7. The validity of any act or proceedings of the Council shall not be affected by any absence among its members or by any defect in the appointment of any one of them. - 8
AI-assisted research summary: The Council may regulate its own proceedings.
8. The Council may regulate its own proceedings. - 9 Verify source ↗
10. Minister may give directions to the Council
AI-assisted research summary: Council documents must be signed by the Chairman, or by the Council’s Registrar if the Registrar has written authorisation from the Council.
9. All orders, directions, notes or other documents issued on behalf of the Council shall be signed by the: (a) Chairman; or (b) Registrar of the Council authorised in writing in that behalf by the Council. - 10 Verify source ↗
Minister may give directions to the Council
AI-assisted research summary: The Council must have a Seal, the Registrar must keep it in safe custody, and use of the Seal on documents must be authenticated by the Chairman’s and Registrar’s signatures.
10.-(1) The Council shall have a Seal to be kept under safe custody of the Registrar. (2) The affixing of the Seal of the Council on any document shall be authenticated by the signature of the Chairman and the Registrar. (3) A document purporting to be an instrument issued by the Council and authenticated in the manner provided for under subparagraph (2) shall be deemed to be a valid instrument. Passed by the National Assembly on the 14th September, 2017. THOMAS D. KASHILILAH Clerk of the National Assembly 32
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