MEDICAL PRACTITIONERS AND DENTISTS: SUBSIDIARY LEGISLATION

MEDICAL PRACTITIONERS AND DENTISTS: SUBSIDIARY LEGISLATION

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
PRELIMINARY

    1.    Citation

    2.    Interpretation

PART II
ELIGIBILITY FOR A PRIVATE PRACTICE LICENCE

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

    3A.    Specialists engaging in general practice

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

    5.    Absence from active clinical practice

PART III
PRIVATE PRACTICE LICENCE

    6.    Application for issue or renewal of licence

    7.    Form, validity and renewal of licence

    8.    Licence fees

    9.    Replacement of licence

    10.    Number of clinics

    11.    Types of clinics

    12.    Assistants

PART IV
LOCUM PRACTICE

    13.    Locums

PART V
X-RAY FACILITIES AND CLINICAL LABORATORIES

    14.    X-ray facilities

    15.    Clinical laboratories

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

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

PART VI
GENERAL

    18.    The Council to approve premises

    19.    Conditions of licence

    19A.    Council to inspect and register health facilities

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

    21.    Restriction on practice outside field of specialization

    22.    Personal conduct

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

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

    25.    Cancellation of licence

    26.    Penalty

PART VII
TRANSITIONAL PROVISIONS

    27.    Transitional provisions

        SCHEDULES

G.N. 127/1988
84/1989
19/1991
120/1993
40/1994
27/1997
30/2004
35/2004
8/2005
48/2007
10/2009
1/2016
7/2023

MEDICAL PRACTITIONERS AND DENTISTS (PRIVATE PRACTICE) REGULATIONS

under s. 69

PART I
PRELIMINARY

1.    Citation

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

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

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

G.N. 10/2009

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

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

Third Schedule

G.N. 84/1989

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

Sixth Schedule

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

PART II
ELIGIBILITY FOR A PRIVATE PRACTICE LICENCE

G.N. 40/1994

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

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

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

G.N. 48/2007

3A.    Specialists engaging in general practice

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

Sixth Schedule

G.N. 84/1989

4.    Practitioners in public service eligible for a practice licence

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