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Short title.
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1. This Act may be cited as the Medical (Amendment) Act, No. 30 of 1987.
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Amendment of section 5 of Chapter 105.
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2. Section 5 of the Medical Ordinance (hereinafter referred to as the” principal enactment”) is hereby amended as follows :
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(1) by the substitution, for the words” the University of Ceylon” wherever that expression occurs in that section of the expression” a university established or deemed to be established by the Universities Act, No. 16 of 1978″ ;
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(2) by the insertion, immediately after paragraph (a) of subsection (1) thereof, of the following new paragraph ;
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” (aa) the person for the time being discharging the duties of the Director-General, Teaching Hospitals;” and
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(3) by the substitution in subsection (4) thereof for the word” Ceylon” wherever it occurs in that subsection of the words ., Sri Lanka “.
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Replacement of section 6 of the principal enactment .
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3. Section 6 of the principal enactment is hereby repealed and the following new section substituted therefor:
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“Procedure of College Council meetings.
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6. 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)
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Amendment of section 7 of the principal enactment
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4. Section 7 of the principal enactment is hereby amended in subsection (1) of that section as follows:
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(1) by the substitution, in paragraph (c) of that subsection for the words” efficiency as pharmacists; and, of the words” efficiency or proficiency as pharmacists ;
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(2) by the substitution, for the words” efficiency as nurses” occurring in paragraph (d) of that subsection, of the words” efficiency as nurses; ” ; and
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(3) by the insertion immediately after paragraph (d) of that subsection, of the following paragraphs:
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” (e) certificates of proficiency as radiographers;
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(f) certificates of proficiency as medical laboratory technologists;
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(g) certificates of proficiency as physiotherapists;
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(h) certificates of proficiency as occupational therapists ;
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(i) certificates of proficiency as electrocardiograph recordists;
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(j) certificates of proficiency as audiologists;
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(k) certificates of proficiency as clinical physiologist ;
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(l) certificates of proficiency as speech therapists;
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(m) certificates of proficiency as chiropodists;
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(n) certificates of proficiency as dietitians;
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(o) certificates of proficiency as ophthalmic auxiliaries ;
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(p) certificates of proficiency as electroencephalograph recordists;
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(q) certificates of proficiency as nutritionist;
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(r) certificates of proficiency as clinical psychologists.”.
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Amendment of section 12 of the principal enactment.
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5. Section 12 of the principal enactment amended as follows:
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(1) by the repeal of subsection (1) of that section and substitution of the following new subsection therefore:-
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Constitution and duties of the Medical Council.
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12. (1) The Sri Lanka Medical Council (in this Ordinance referred to as the “Medical Council”) shall consist of the following members :-
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(a) the President nominated by the Minister;
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(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 ;
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(c) eight members elected by medical practitioners registered under section 29 ;
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(d) one member elected by persons entitled to practice medicine registered under section 41 ;
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(e) one member elected by dentists registered under section 43 ;
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(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;
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(g) the Director of Health Services;
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(h) the Director-General of Teaching Hospitals’.
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(2) by the substitution in subsection (3) thereof for the word” Ceylon “, of the words” Sri Lanka ” ; and
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(3) by the insertion immediately after subsection (3) thereof of the following new subsection:
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“(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. “.
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Amendment of section 13 of the principal enactment.
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6. Section 13 of the principal enactment is hereby repealed and the following section substituted therefor:
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“Members of Medical to be medical practitioners.
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13. No person shall be eligible to be a member of the Medical Council unless he is a medical practitioner or a person entitled to practise medicine and surgery or a dentist.
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Amendment of section 14 of the principal enactment.
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7. Section 14 of the principal enactment is hereby amended, by the substitution, for the words” of the Medical Council “, of the words” of the Medical Council except the members referred to in paragraphs (g) and (h) of section 12, “.
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Amendment of section 15 of the principal enactment.
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8. Section 15 of the principal enactment is hereby amended by the substitution in paragraph (c) thereof for the word” Ceylon” of the words” Sri Lanka “.
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Amendment of section 17 of the principal enactment .
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9. Section 17 of the principal enactment is hereby amended by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection:
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(1) The Medical Council shall appoint a Registrar, who shall act as secretary of the Medical Council and also as treasurer, unless the Medical council shall appoint another person as treasurer and may appoint an Assistant Registrar who shall assist the Registrar in the performance of his duties under this Ordinance.”.
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Amendment of section 19 of the principal enactment.
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10. Section 19 of the principal enactment is hereby amended as follows:
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(1) in paragraph (d) of that section, by the substitution for the words” such accounts ” of the words” such accounts; ” ; and
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(2) by the addition, immediately after paragraph (d) of the following new paragraphs:
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“(e) the maintenance of minimum standards of medical education including standards relating to courses of study, examinations, staff, equipment, accommodation, training and other facilities at the universities and other institutions which grant or confer any qualification which entitles a person to obtain registration under this Ordinance;
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(f) the maintenance of minimum standards of postgraduate medical education at universities and other institutions. “.
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Insertion of new Part IIIA in the principal enactment .
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11. The following new Part is hereby inserted immediately after Part III and shall have effect as Part IIIA of the principal enactment:
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Power of persons authorized by the Medical Council to enter and make inquiries at recognized and institutions.
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19A.
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(1) Any person authorized in writing by the Medical Council may, after giving not less than two week’s notice in writing, enter a recognized university or institution and make such examinations and investigations thereon and such inquiries of the members of the relevant faculty, as may be necessary for the purpose of ascertaining whether-
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(a) courses of study provided by such university or institution leading to the grant or conferment of a medical qualification,
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(b) the degree of proficiency required at examinations held by such university or institution for the purpose of granting or conferring any such qualification,
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(c) the staff, equipment, accommodation and facilities provided by such university or institution for such course of study, .
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conform to the prescribed standards
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(2) The Vice-Chancellor or Head of a recognised university or institution and the members of the relevant faculty shall afford all such facilities as may be required by the person referred to in subsection (1) for the purpose of making all such examinations, investigations and inquiries as are referred to in that subsection.
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(3) Where any person authorized by the Medical Council under subsection (1) makes any such examination, investigation or inquiry as is referred to in that subsection he shall make a report of his findings to the Council.
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(4) Every person authorized by the Medical Council under subsection (1) and exercising the powers conferred on such person by that subsection shall be deemed to be a public servant within the meaning of the Penal Code.
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Power of Medical Council to require recongnised universities and institutions to furnish information.
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19B. The Medical Council may in writing direct the Vice-Chancellor or Head of a recognized university or institution to furnish it within the time specified in such direction, such information or explanation as the Council may require in respect of the matters referred to in paragraph (a) of section 19A and the Vice-Chancellor or Head of a recognized university or institution as the case may be, shall comply with such requirements.
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Power of Medical Council to recommend withdrawal of recognition of qualifications granted by recognized universities or institutions .
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19c. (1) Where the Medical Council is satisfied, on a report made to it under subsection (3) of section 19A or any information furnished to it under section 19B that the courses of study provided by a recognized university or institution leading to the grant or conferment of a medical qualification or the degree of proficiency required by such university or institution at, any examination held for the grant or conferment of any such qualification or that the staff, accommodation and equipment provided by such university or institution for the purpose of such course of study, do not conform to the prescribed standards it may recommend to the Minister that such qualification shall not be recognized for the purpose of registration under this Ordinance.
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(2) Upon receipt of a recommendation under subsection (1) in respect of a recognized university or institution, the Minister shall send a copy of such recommendation to such university or institution and invite it to make its comments thereon within a applied period.
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(3) Where the Minister is satisfied, after examining the comments, if any, made under subsection (2) by a university or institution, and after making such further inquiry as he considers necessary, that-
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(a) the course of study provided by such university or institution leading to the grant or conferment of a medical qualification,
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(b) the degree of proficiency required at examinations held by such university or institution for the grant or conferment of such qualification, or
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(c) the staff, equipment, accommodation and facilities provided by such university or institution for such course of study,
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do not conform to the prescribed standards, he shall, declare by regulation, that any provision of this Ordinance which enables the holder of that qualification to be register ed under this Ordinance shall cease to have effect in relation to such university or institution or in relation to any institution affiliated to such university, from such date as is specified in such regulation.
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Inquires.
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19D. (1) The Minister may on receipt of a complaint in that behalf, direct any person to inquire into the affairs of the Medical Council and the performance by it, of its duties under this Ordinance.
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(2) Where such inquiry as is referred to in subsection (1) is held, every member of the Medical Council, and every member of the staff of the Medical Council shall upon being requested to do so by the person holding the inquiry, furnish such information within his knowledge with regard to the work and affairs of the Medical Council and produce such registers or documents in his custody, as that person may require.
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Interpretation.
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19E. In this Part of this Ordinance
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” recognized university or institution” means any university or institution which grants or confers a medical ,qualification;
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“medical qualification” means any qualification which entitles the holder to be registered under this Ordinance. “‘.
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Amendment of section 20 of the principal enactment.
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12. Section 20 of the principal enactment is hereby amended as follows:
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(1) in subsection (1) of that section
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(a) by the substitution, in paragraphs (a), (b) and (c) thereof, for the words” in Ceylon” appearing in those paragraphs of the words” in Sri Lanka”;
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(b) by the insertion immediately after paragraph (b) thereof, of the following new paragraphs :
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“(bb) a register of persons entitled to practise medicine and surgery under subsections 2, 2A, 2B and 2c of section 41 ;
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(bbb) a register of persons entitled to be temporarily registered under section 31;”;
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(c) by the substitution, in paragraph (d) thereof, for the words” in Ceylon; and ” of the words “in Sri Lanka; ” ;
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(d) by the substitution, in paragraph (d) thereof, for the words” in Ceylon”; of the words “in Sri Lanka; and”; and
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(e) by the insertion immediately after paragraph (e) thereof, of the: following new paragraph –
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(f) a register of persons qualified to practise as para-medical assistants in”, Sri Lanka. ” ;
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(2) by the repeal of subsection (3) of that section and substitution of the therefor:
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(3) a person who is not a citizen of Sri Lanka shall not be registered except with the approval of President on recommendation of the Minister.” ;
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(3) by the substitution in subsection (5A) thereof for the words” Ceylon”, of the words” Sri Lanka” ; and
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(4) by the repeal of subsection (8) of that section.
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Insertion of new section 26A in the principal enactment.
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13. The following new section is inserted immediately after section 26, and shall have effect as section 26A of the principal enactment:
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“Renewal of registration.
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26A. (1) The Minister may require persons registered under this Ordinance to renew their registration at prescribed intervals and on payment of the prescribed fee.
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(2) Different intervals and different fees may be prescribed in respect of different categories of persons registered under this Ordinance.
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(3) The Medical Council may erase from the appropriate register, the name of any person who fails to renew his registration before the expiry of the period prescribed for the category to which such person belongs.
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(4) Any person whose name has been erased from a register under subsection (3) shall be entitled to have his name restored to such register on payment of the prescribed fee if he continues to hold the qualification on the faith of which he was first registered in such register.”.
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Amendment of section 29 of the principal enactment .
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14. Section 29 of the principal enactment is hereby amended by the repeal of subsections (1), (2) and (2A) and the substitution therefor of the following subsections :
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“(1) A person shall, upon application made in that behalf to the Medical Council, be registered as a Medical practitioner
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(a) if he is of good character; and
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(i) holds a Degree of Bachelor of Medicine of the University of Ceylon or a corresponding university and a certificate granted by the Medical Council under section 32; or
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(ii) not being qualified to be registered under subparagraph (1)-
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(aa) is a Citizen of Sri Lanka;
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(bb) holds a ,Degree of Bachelor of Medicine or equivalent qualifications of any university or medical school of any country other than Sri Lanka, which is recognized by the Medical Council for the purposes of this section having regard to the standard of medical education of such university or medical school;
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(cc) has passed the special examination prescribed in that behalf by the Medical Council; and
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(dd) holds a certificate granted by the Medical Council under section 32.
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(2) For the” purposes only of enabling the acquirement of such experiences as is required for obtaining from the Medical Council, a certificate under section 32, a person shall, upon application made in that behalf to the Medical Council, be registered provisionally as a medical practitioner-
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(a) if he is of good character; and
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(i) holds the Degree of Bachelor of Medicine of the University of ,Ceylon or a corresponding University; or
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(ii) has passed the examination necessary for obtaining the Degree of Bachelor of Medicine of the University of Ceylon or a corresponding university, but has not obtained that degree owing to a delay on the part of that University in conferring that degree on him; or
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(iii) not being qualified to be registered under any of the preceding sub-paragraphs-
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(aa) is a citizen of Sri Lanka; and
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(bb) (i) holds a degree of Bachelor of Medicine or an equivalent qualification of an university or medical school of any country other than Sri Lanka, which is recognized by the Medical Council for the purposes of this section having regard to the standard of medical education of such university or medical school; or
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(ii) has passed the examinations necessary for obtaining a degree of Bachelor of Medicine or an equivalent qualification of any university or medical school of any country other than Sri Lanka which is recognized by the Medical Council for the purposes of this section, having regard to the standard of medical education at such university or Medical School but has not obtained that degree owing to fact that he has not completed the period of internship required for obtaining that degree and the Director of Health Services has permitted him to complete that period of internship in Sri Lanka; and
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( cc ) has passed the special examination prescribed in that behalf by the Medical Council.
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Repeal of section 30 of the principal enactment.
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15. Section 30 of the principal enactment is hereby repealed.
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Replacement of section 31 of the principal enactment.
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16. Section 31 of the principal enactment is hereby repealed and the following new section substituted therefor:
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Temporary registration of certain doctors employed by the Government.
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31. Any person who is not qualified to be registered under section 29 (1) shall be entitled, on production of a certificate from the Director of Health Services to the effect that such person is in the employment of the Government as a medical officer, and on payment of a fee of five hundred rupees, to be temporarily registered by the Registrar as a medical practitioner for the period of his employment under the Government. The names of the persons registered under this section shall be entered in a separate register, and shall be erased from the register on the expiration of the period of his employment under the Government.”.
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Replacement of section 32 of the principal enactment.
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17. Section 32 of the principal enactment is hereby amended as follows :-
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(1) by the repeal of subsection (1) of that section and substitution therefor of the following subsection:
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Certificate of experience in approved hospitals or institutions.
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32. (1) Where a person, who is provisionally registered as a medical practitioner applies to the Medical Council for a certificate under this section and such council is satisfied that he-
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(a) has been engaged in employment in a resident medical capacity for the prescribed period in one or more approved hospitals or institutions;
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(b) has during his employment as mentioned in paragraph (a) of this subsection, been engaged for an approved period in the practice of medicine, for an approved period in the practice of surgery and for approved periods in the practice of other approved fields;
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(c) has rendered satisfactory service while so employed,
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and such Council shall grant, in the prescribed form a certificate that such Council is so satisfied.
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For the purposes of this section
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“an approved hospital or institution” means a hospital or institution approved by the Medical Council from among lists of hospitals and institutions submitted to them by the Director of Health Services and the Director-General of Teaching Hospitals.
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“approved periods” in relation to the practice of medicine or surgery or other approved fields means a ;period approved by the Medical Council having regard to the medical needs of the country.
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(2) by the addition of the following subsection immediately after subsection (5) of that section:
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“(6) Any person who holds a degree specified in subsection (1) of section 29 and has been employed in a resident medical capacity in one or more hospitals or institutions within Sri Lanka or outside Sri Lanka for the prescribed period may be granted a certificate under this section by the Council, notwithstanding the fact that such person is not provisionally registered as a medical practitioner, if the Council is satisfied that such person has, during his employment, been engaged in such practice of medicine, surgery or midwifery as is required by this section.”.
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Amendment of section 33 of the principal enactment.
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18. Section 33 of the principal enactment is nearby amended as follows:
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(1) by the omission of paragraph (a) thereof; and
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(2) by the omission of paragraph (b) thereof and substitution therefor of the following paragraph:
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” (b) he is deprived of any diploma, degree or certificate on the faith of which he was registered as a medical practitioner; “.
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Amendment of section 35 of the principal enactment.
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19. Section 35 of the principal enactment is hereby amended by the substitution for the word” Ceylon “, of the words” Sri Lanka “.
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Amendment of section 41 of the principal enactment.
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20. Section 41 of the principal enactment is hereby amended as follows;
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(1) in subsection (1) thereof-
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(a) by the addition immediately after paragraph (d) of the following new paragraph:
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” (e) any estate dispenser who is registered under subsection (2c) of this section as being entitled to practise medicine and surgery and whose name is for the time being in the register maintained under that subsection.” ;
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(2) by the insertion immediately after subsection (2B) of the following subsection;
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“(2c) any estate dispenser whether he is employed on an estate or group of estates or ceased to be so employed may, on furnishing proof to the satisfaction of the Director of Health Services that-
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(i)
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(a) he being an estate dispenser, has had an aggregate period of at least twenty years of efficient and satisfactory service as an estate dispenser; or
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(b) he, being a dispenser, has had an aggregate period of at least twenty years of efficient and satisfactory service as a dispenser on an estate or group of estates and in the public service; and
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(ii) he has within that period, served in one or more hospitals under one or more medical practitioners for an aggregate period of at least two years; and
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(iii) he has undergone a period of training prescribed for that purpose,
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be registered by the Registrar on payment of the prescribed fee, as being entitled to practice medicine and surgery.
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The Registrar shall maintain a register of persons registered under this subsection and erase therefrom the name of any person ordered to be erased by the Medical Council under subsection (3) of this section, ” ; and
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(3) by the repeal of subsection (3) of that section and substitution therefor of the following new subsection:
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” (3) Provided that where it is shown to the satisfaction of the Medical Council that any person being an apothecary entitled to practise medicine and surgery under subsection (1) (b) or under subsection (1) (c) or under subsection (1) (cc) or under subsection (1) (ccc) or any estate apothecary entitled to practise medicine and surgery under subsection (1) (cc) or any estate dispenser entitled to practise medicine and surgery under subsection (1) (e) has been guilty of inefficiency or negligence in the treatment of a patient or has been guilty of conduct which shows him to be unfit to practise medicine and surgery, the Medical Council may make an order that such person be suspended from the privileges and immunities conferred on him by this section either permanently or during the period specified in the order, and where the circumstances of the case so require an order that the name of any person be erased from the register of apothecaries maintained as the case may be, under subsection (2) or subsection (2A) or subsection (2B) or an order that the name of any person be erased from the register of estate dispensers maintained under subsection (2c).”.
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Amendment of section 43 of the principal enactment.
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21. Section 43 of the principal enactment is hereby amended as follows;
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(1) by repeal of subsection (1) of that section and the substitution therefor of the following subsection :
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“(1) No person shall be registered as a dentist unless he is of good character and holds a degree or diploma in dentistry conferred are granted by the University of Ceylon or a corresponding university.”.
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(2)by repeal of subsection (1A) of that section and the substitution therefor of the following subsection:-
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(1A) Notwithstanding the provisions of subsection (1) a person who is not qualified to be registered 3S a dentist under that subsection may, if he-
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(a) is a citizen of Sri Lanka according to the law for the time being in force relating to citizenship; and
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(b) holds a degree in dentistry or stomatology or an equivalent qualification of any university or medical school any country other than Sri Lanka, which is recognized by the Medical Council for the purpose of this subsection; and
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(c) has passed a special examination prescribed in that behalf by the Medical Council, .
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be registered as a dentist,
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Repeal of section 44 of the principal enactment.
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22. Section 44 of the principal enactment ,is hereby repealed.
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Amendment of section 45 of the principal enactment.
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23. Section 45 of the principal enactment is hereby amended as follows;
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(1) by the omission of paragraph (a) thereof; and
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(2) by the omission of paragraph (b) thereof and substitution therefor of the following:
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” (b) he is deprived of any diploma, degree or certificate on the faith of which he was registered as a dentist ;”.
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Amendment of section 47 of the principal enactment.
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24. Section 47 of the principal enactment is hereby amended by the substitution, for the word” Ceylon” of the words” Sri Lanka”.
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Amendment of section 48 of the principal enactment.
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25. Section 49 of the principal enactment is hereby amended as follows:
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(1) by the substitution in paragraph (c) of subsection (3) thereof, for the word” Ceylon” of the words “Sri Lanka “.
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(2) by the repeal of subsection (4) of that section and the substitution therefor of the following subsection:
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“(4)
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(a) Subject to paragraph (b) a dentist shat be entitled to assume or Use the title” Doctor
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Provided that every dentist who uses such title shall use the words” Dental Surgeon” after him name.
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(b) A dentist shall not assume or use the title of dental surgeon or surgeon dentist unless he possesses the qualifications indicated in section 43 (1) .
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Amendment of section 51 of the principal enactment.
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26. Section 51 of the principal enactment is hereby amended in subsection (1) of that section as follows:
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(1) by the omission of paragraph (a) thereof; and
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(2) by the re-lettering of paragraphs (b), (c) and (d) thereof, as paragraphs (a), (b) and (c) thereof respectively.
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Amendment of section 52 of the principal enactment.
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27. Section 52 of the principal enactment is hereby amended by the omission of paragraph (a) of that section.
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Amendment of section 53 of the principal enactment .
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28. Section 56 of the principal enactment ,is hereby amended in subsection (1) of that section, by the insertion immediately after paragraph (c) the following paragraph:
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” (cc) holds a qualification in pharmacy granted by an institution out side Sri Lanka, approved for the purposes of this paragraph by the College Council having regard to the standard of training and education in pharmacy at such institution and thereafter passes a special examination held for that purpose by the College Council;”.
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Insertion of new Part VIIIA in the principal enactment.
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29. The following new Part is hereby inserted immediately after Part VIII and ‘shall have effect as Part VIIIA of the principal enactment: Register of para-medical assistants to be in separate parts.
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Register of paramedical assistants to be in separate parts.
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60A.
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(1) The register of paramedical assistants maintained under paragraph (f) of subsection (1) of section 20 shall be divided into separate parts as follows:
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(a) Part A shall contain the names of all persons admitted to the register as radiographers;
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(b) Part B shall contain the names of all persons admitted to the register as medical laboratory technologists;
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(c) Part C shall contain the names of all persons admitted to the register as physiotherapists;
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(d) Part D shall contain the names of all persons admitted to the register as occupational therapists;
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(e) Part E shall contain the names of all persons admitted to the register as electrocardiograph recordists;
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(f) Part F shall contain the names of all persons admitted to the register as audiologists;
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(g) Part G shall contain the names of all persons admitted to the register as clinical physiologists;
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(h) Part H shall contain the names of all persons admitted to the register as speech therapists;
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(i) Part I shall contain the names of all persons admitted to the register as chiropodists;
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(j) Part J shall contain the names of all persons admitted to the register as dietitians;
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(k) Part K shall contain the names of all persons admitted to the register as ophthalmic auxiliaries;
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(l) Part L shall contain the names of all persons admitted to the register as electroencephalograph recordists;
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(m) Part M shall contain the names of all persons admitted to the register as nutritionists;
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(n) Part N shall contain the names of all persons admitted to the register as clinical psychologists.
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(2) The fee for registration as a paramedical assistant shall be payable to the Registrar on application for registration and shall be two hundred and fifty rupees.
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Qualification for admission to register of para-medical assistants.
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60B.
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(a) A person shall be qualified to be admitted to the register of paramedical assistants as a radiographer if he is of good character and holds a certificate of proficiency as a radiographer issued by the College Council.
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(b) A person shall be qualified to be admitted to the register of paramedical assistants as a medical laboratory technologist if he is of good character and holds a certificate of proficiency as a medical laboratory technologist issued by the College Council.
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(c) A person shall be qualified to be admitted to the register of paramedical assistants as a physiotherapist if he is of good character and holds a certificate of proficiency as a physiotherapist issued by the College Council.
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(d) A person shall be qualified to be admitted to the register of paramedical assistants as an occupational therapist if he is of good character and holds a certificate of proficiency as an occupational therapist issued by the College Council.
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(e) A person shall be qualified to be admitted to the register of para-medical assistants as an electrocardiograph recorders, if he is of good character and holds certificate of proficiency as an electrocardiograph recordist issued by the College Council.
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(f) A person shall be qualified to be admitted to the register of para-medical assistants as an audiologist if he is of good character and holds a certificate of proficiency as an audiologist issued by the College Council.
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(g) A person shall be qualified to be admitted to the register of para-medical assistants as a clinical physiologist if he is of good character and holds a certificate of proficiency as a clinical physiologist issued by the College Council.
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(h) A person shall be qualified to be admitted to the register of para-medical assistants as a speech therapist if he is of good character and holds a certificate as a speech therapist issued by the College Council.
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(i) A person shall be qualified to admitted to the register of para-medical assistants as a chiropodist if he is of good character and holds a certificate of proficiency as a chiropodist issued by the College Council.
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(j) A person shall be qualified to be admitted to the register of para-medical assistants as a dietitian if he is of good character and holds a certificate of proficiency as a dietitian issued by the College Council.
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(k) A person shall be qualified to be admitted to the register of para-medical assistants as an ophthalmic auxiliary if he is of good character and holds a certificate of proficiency as an ophthalmic auxiliary issued by the College Council.
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(l) A person shall be qualified to be admitted to the register of para-medical assistants as an electroencephalograph recordist if he is of good character and holds a certificate as an electroencephalograph and recordist issued by the College Council.
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(m) A person shall be qualified to be admitted to the register of para-medical assistants as a nutritionist if he is of a good character and holds a certificate as a nutritionist issued by the College Council
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(n) A person shall be qualified to be admitted to the register of para-medical assistants as a clinical psychologist if he is of a good character and holds a certificate as a clinical psychologists issued by the College Council.
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When paramedical assistants name may be erased from register.
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60c. The name of any person registered under this Ordinance as a para-medical assistant may be erased from the register of para-medical assistants, if-
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(a) he is deprived of any certificate on the faith of which he was registered as a para-medical assistant; or
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(b) he is convicted of an offence which shows him to be unfit to practice as a para-medical assistants; or
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(c) he shows such negligence or incapacity as a para-medical assistant that he cannot safely be allowed to practice as such or
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(d) he is guilty of infamous conduct in any professional respect.
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Unlawful pretence to be a paramedical assistant.
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60D. (1) No person, not being a registered paramedical assistant, shall use any name, title or description implying that he is registered under this Ordinance as a registered paramedical assistant.
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(2) No person whose name is included in any part of the register of para-medical assistants shall use any name, title or description or otherwise do any act of any kind, implying that the name of such person is included in some other part of that register in which it is not in fact so included.
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Restriction on practice as paramedical assistant by unqualified person.
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60E. No person, not being a registered paramedical assistant, shall practice for gain, or profess to practice, or publish his name as practicing, as, a paramedical assistant. “.
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Amendment of section 62 of the principal enactment.
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30. Section 62 of the principal enactment. is hereby amended by the repeal of paragraph (f) of subsection (1) and substitution therefor of the following paragraph:
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“(f) Part F shall contain the names of all persons, who having qualified as nurses outside Sri Lanka, satisfy the Medical Council that. they possess sufficient knowledge and skill to enable them to carryon efficiently the practice of nursing. “.
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Amendment of section 63 of the principal enactment .
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31. Section 63 of the principal enactment is hereby amended as follows:
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(1) by the repeal of subsection (1) of that section and substitution therefor of the following subsection:
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” (1) The conditions of admission to the register” as a general nurse shall be that the applicant holds a certificate of efficiency as a nurse issued by the College Council or by the Director of Health Services’ ; and
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(2) by the substitution in paragraph (b) of subsection (3) of the section, for the words” the Ceylon Medical Council”, of the words” the Medical Council “.
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Amendment of section 64 of the principal enactment.
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32. Section 64 of the principal enactment is hereby amended by the omission of paragraph (a) of that section.
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Amendment of section 67A of the principal enactment .
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33. Section 67 A of the principal enactment is hereby repealed and the following new section substituted therefor:
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Registration as medical practitioners, dentists or nurses of certain persons not qualified under the preceding provisions of this Ordinance.
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67 A. Notwithstanding anything in any other provision of this Ordinance, any person who is resident in Sri Lanka temporarily and who is not qualified to be registered under the preceding provisions of this Ordinance, as a medical practitioner, dentist or nurse may in writing apply to the Medical Council to be registered as a medical practitioner, dentist or nurse for the period of his temporary residence in Sri Lanka, if he-
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(a) is possessed of sufficient knowledge and skill for efficient practice as a medical practitioner, dentist or nurse; and
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(b) is in Sri Lanka on the invitation of the Government or the University of Ceylon or a corresponding university for the purpose of practicing and a medical practitioner, dentist or nurse, and the Medical Council shall allow the application if it is satisfied that the applicant is qualified to make the application under the preceding provisions of this section. “.
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Amendment of section 68 of the principal enactment.
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34. Section 68 of the principal enactment is hereby amended by the substitution, for the words” not exceeding two hundred rupees. “, of the words “not exceeding five thousand rupees. “.
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Amendment of section 72 of the principal enactment.
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35. Section 72 or the principal enactment is hereby amended by the repeal of subsection (3) of that section and substitution therefor of the following subsection:
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(3) Before making any regulation for any purpose specified in section 19 or section 55, the Minister shall consult the Medical Council. Draft regulations under section 19 (e) and (f) shall be sent to every university or institution which grants or corners and qualification which entitles a person to obtain registration under this Ordinance, for its comments and the Minister shall take into consideration the comments made by such university or institution and submitted to him within a period of three months calculated from the date on which such university or institution receives those draft regulations.”.
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Amendment of section 73 of the principal enactment .
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36. Section 73 of the principal enactment is hereby amended as follows:
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(1) in paragraph (a) of that section by the substitution for the words and figures” Parts IV, V, VI, VII, VIII and IX of this Ordinance ;”, of the words and figures” Parts IV, V, VI, VII, VIII, VIIIA and IX of this Ordinance; ” ; and
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(2) by the substitution, for paragraph (b) of that section of the following paragraph:
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” (b) annually from the Consolidated Fund, sums as may be voted by Parliament for. the purposes of this Ordinance. “,
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Amendment of section 74 of the principal enactment.
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37. Section 74 of the principal enactment is hereby amended as follows: –
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(1) by the insertion, immediately before the definition of “dentist “, of the follows; definition:
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” corresponding university” in relation to the University of Ceylon means-
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(a) a University established or deemed to have been established by the Higher Education Act, No. 20 of 1966 ;
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(b) the University of Ceylon established by the University of Ceylon Act, No.1 of 1972; or
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(c) a university established or deemed to be established by the Universities Act, No. 16 of 1978 ;
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(2) by the commissions of the definitions respectively of “Dentists Acts “, “Medical Acts” and “Midwives Acts ” ;
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(3) by the substitution for the definition” registrar “, of the following new definition:
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“Registrar” means the Registrar of the Medical Council and includes the acting Registrar; , and
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(4) by the insertion, immediately after the definition of “regulation ” of the following definition:
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” University of Ceylon” means the University of Ceylon established by the University of Ceylon Ordinance ;.
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Reference to Director of Health Services includes Director General of Teaching Hospitals.
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38. Every reference to Director of Health Services in sections 29 (2) (b) (iii) (bb) (ii), 31, 51 (1) (b) and 63 of the principal enactment shall be deemed to include a reference to the Director-General of Teaching Hospitals
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Insertion of a new section in the principal enactment.
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39. The following new section is hereby inserted immediately after section 74 of the principal enactment which shall have effect as section 74A :
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Apothecary to be known as assistant medical practitioner.
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74A. Unless the context otherwise requires every reference to apothecary in the principal enactment and in any other written law shall be deemed to be a reference to “assistant medical practitioner “.
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Amendment of Second Schedule to the principal enactment.
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40. The Second Schedule to the principal enactment is hereby amended by the omission therefrom of-
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(a) the declaration under the heading” Where Applicant is registered under the Medical Acts” ; and
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(b) the declaration under the heading” where applicant is qualified to be registered under the Medical Acts”.
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Amendment of the Third Schedule to the principal enactment.
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41. The Third Schedule to the principal enactment is hereby amended by the omission therefrom of-
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(a) the declaration under the heading” Where Applicant is registered under the Dentists Acts” ; and
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(b) the declaration under the heading” Where Applicant is qualified to be registered under the Dentists Acts “.
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Amendment of Fourth Schedule to the principal enactment.
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42. The Fourth Schedule to the principal enactment is hereby amended by the omission therefrom of-
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(a) the declaration under the heading” Where the Applicant is certified under the Midwives Acts” ; and
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(b) the declaration under the heading” Where Applicant is qualified to be certified under the Midwives Acts”.
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Amendment of Fifth Schedule to the principal enactment.
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43. The Fifth Schedule to the principal enactment is hereby amended by the addition at the end thereof, of the following:
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Justice of the Peace or Commissioner for General amendment of the provisions of the principal enactment.
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44. Wherever, in any provisions of the principal enactment, the word” Director of Health Services ” occurs, there shall be substituted the words” Director-General of Health Services ” or where the words” Deputy Director of Health Services” occurs, there shall be substituted the words “Deputy Director-General of Health Services”.
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Amendment of other written law.
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45. Wherever, in any provision of any written law (other than the principal enactment) or of any notice, certificate, communication from or other document issued, made, required or otherwise, by or under such written law, the words “Director of Health Services” is to denote the Director of Health Services appointed under the principal enactment prior to the commencement of this Act, there shall be substituted therefore the words” Director-General of Health Services”.
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Savings for contracts.
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46. Every contract, agreement or other document or instrument whatsoever made, issued or executed prior to the commencement of this Act by or in favour of the Director of Health Services appointed under the principal enactment in the capacity as such shall be deemed, on and after that date, to be and to have been made, issued or executed by or in favour of the Director-General of Health Services.
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