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As enacted

Act of Parliament

Medical (Amendment) Act 2018

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Medical (Amendment)

Act, No. 28 of 2018.

s 2Amendment of section 12 of Chapter 105

Section 12 of the Medical Ordinance (Chapter 105)

(hereinafter referred to as the “principal enactment”) is hereby amended in subsection (1), by the insertion immediately after paragraph (c) thereof of the following paragraphs:–

“(cc)

three members elected by the medical specialists referred to in subsections (1) , (3) and (4) of section 39A;

(ccc)

one member elected by the dental specialists referred to in subsection (2) of section 39A;”.

s 3Amendment of section 20 of the principal enactment

Section 20 of the principal enactment is hereby amended in subsection (1), by the insertion immediately after paragraph (a) thereof of the following paragraph:-–

“(aa)

a register of medical and dental specialists which contains the names of every medical specialist and dental specialist who possesses a qualification referred to in section 39A and has obtained registration under section 39B;”.

s 4Insertion of new sections 39A, 39B, 39C and 39D in the principal enactment

The following new sections are hereby inserted immediately after section 39 of the principal enactment and shall have effect as sections 39A, 39B, 39C and 39D of that enactment:–

39A. (1) A medical practitioner registered under section 29, who possesses a qualification required for Specialist Medical Officer Grade, as specified in the Medical Service Minutes, shall be eligible to be registered as a medical specialist under section 39B.

(2)

A dentist registered under section 43, who possesses a qualification required for

Specialist Medical Officer Grade, as specified in the Medical Service Minutes, shall be eligible to be registered as a dental specialist under section 39B.

(3)

A medical practitioner registerd under section 29 or a dentist registered under section 43, who has successfully completed specialist training in a country other than Sri Lanka and obtained a specialist medical or dental qualification which satisfies the eligibility criteria of the Post Graduate Institute of

Medicine to practice the respective specialty, shall be eligible to be registered as a medical or dental specialist, as the case may be, under section 39B.

(4)

Any person who has obtained a graduate and post graduate qualification in medicine or dentistry from any university or medical or dental school of any country other than

Sri Lanka, recognized by the Medical Council and satisfies the eligibility criteria of the Post

Graduate Institute of Medicine to practice the respective specialty shall be eligible to be registered as a medical or dental specialist, as the case may be, under section 39B.

“Qualifications required for registration as a medical or dental specialist.

39B.

or dental specialist

Any medical practitioner, dentist or a person who possesses any one of the specialist medical or dental qualifications referred to in section 39A shall, upon application made to the

Medical Council in the prescribed form, along with the prescribed fee for registration, be registered as a medical or dental specialist in the respective field of medicine or dentistry, if-

(a)

he is of good character; and

(b)

(i) he produces a certificate of registration under section 29, in the case of a medical practitioner who possesses a qualification referred to in subsection (1) of section 39A; or

(ii)

he produces a certificate of registration under section 43, in the case of a dentist who possesses a qualification referred to in subsection (2) of section 39A; or

(iii)

he produces a certificate of registration under section 29 or section 43, in the case of a medical practitioner or a dentist who possesses a qualification referred to in subsection (3) of section 39A; or

(iv)

he has obtained the provisional registration required for the Board certification, in the case of a person who possesses a qualification referred to in subsection (4) of section 39A; and

(c)

he produces a Board Certification or a

Certificate of Accreditation in respect of Board Certification, as the case may

Registration as a medical be, issued by the Post Graduate Institute of Medicine, upon satisfying the eligibility criteria of the Post Graduate

Institue of Medicine.

39C. No person, not being a medical or dental specialist registered under section 39B, shall take or use any name, title or addition implying or tending to the belief that he is a medical or dental specialist who possesses a qualification referred to in section 39A or, by any act or omission intentionally cause or permit any person to believe that he is a medical or dental specialist registered under section 39B, and to act upon such belief.

39D. Every medical or dental specialist registered under section 39B shall be entitled to practise the respective specialty in Sri Lanka and to demand and recover reasonable professional charges including the cost of medicines and surgical appliances supplied, or other services rendered during the course of such practice.”.

s 5Amendment of section 74 of the principal enactment

Section 74 of the principal enactment is hereby amended–

(1)

by the insertion immediately after the definition of the expression “estate apothecary” of the following definition:–

“ “eligibility criteria of the Post Graduate

Institute of Medicine” means the eligibility criteria for Board Certification or

Certificate of Accreditation in respect of

Board Certification in the respective specialty, recommended by the respective

Board of Study of the Post Graduate

Institute of Medicine, prescribed by regulations under the Post Graduate

Institute of Medicine Ordinance No. 1 of 1980;”;

No person to practice as a medical or dental specialist without registration.

Registered medical or dental specialists entitled to practice in the respective field.

(2)

by the insertion immediately after the definition of the expression ‘‘medical practitioner’’ of the following definition:–

“ “Medical Service Minutes’’ means the

Medical Service Minutes published in

Gazette No. 662/11, dated May 17, 1991, as may be amended from time to time and last amended by the Medical Service

Minutes published in the Gazette

No. 1883/17, dated October 11, 2014;’’;

(3)

by the insertion immediately after the definition of the expression “pharmacist’’ of the following definition:-

“ ‘‘Post Graduate Institute of Medicine’’ means the Post Graduate Institute of Medicine established by the Post Graduate Institute of Medicine Ordinance No. 1 of 1980, made under section 18 of the Universities Act,

No. 16 of 1978 and published in Gazette

Extraordinary No. 83/7 of April 10, 1980, as amended from time to time;’’.

s 6Transitional provision applicable to medical and dental specialists engaged in the practice

Every medical practitioner or dentist who possesses any qualification eligible to be registered as a medical or dental specialist under section 39B, on the date of commencement of this Act and has been engaged in the practice of respective specialty, prior to that date, shall be required to obtain registration under section 39B, within a period of twelve months from the date of commencement of this Act.

s 7Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.