CHAPTER 152
MEDICAL PRACTITIONERS AND DENTISTS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Interpretation.

   3.   Establishment of Medical Council of Tanganyika.

   4.   Voting and acts.

   5.   Casual appointments.

   6.   Seal.

   7.   Procedure.

   8.   Appointment of Secretary and Registrar.

   9.   Functions of the Council.

   10.   Keeping of the registers and erasure of names of persons who have died or left Tanzania.

   11.   Registrar may call for certain information.

   12.   Publication prima facie evidence of registration.

   13.   Registers to be kept and certificates to be issued.

   14.   Persons entitled to be registered as medical practitioners.

   15.   Provisional registration of medical practitioners.

   16.   Persons entitled to be registered as dentists.

   17.   Temporary registration.

   18.   Provisional registration of dentists.

   19.   Appeal against refusal to register.

   20.   Application to High Court.

   21.   Registration of higher qualifications.

   22.   Licensed medical practitioners and dentists.

   23.   List to be kept of licensed persons.

   24.   Entitlement to practise and to sue for fees.

   25.   [Repealed.]

   26.   Certificate cannot be signed unless person signing is registered or licensed.

   27.   Construction of terms.

   28.   Penalties for procuring registration or licence by false certificates.

   29.   If convicted, name may be erased from the register or practitioner may be cautioned, censured or suspended.

   30.   Procedure for inquiry.

   31.   [Repealed.]

   32.   Notification of decision of Council.

   33.   Power to publish decision.

   34.   Appeal to High Court.

   35.   Penalty for failing to attend as witness.

   36.   Removal of name of person who has been disqualified.

   37.   Restoration of name to the register.

   38.   Exemptions from this Act.

   39.   Permits for visiting medical practitioners and dentists.

   40.   Penalty.

   41.   Native systems allowed.

   42.   Fees.

   43.   Persons to be registered free of charge.

   44.   Rules of Court.

   45.   Power to make rules.

   46.   [Repeal of Cap. 313 and savings.]

SCHEDULE

CHAPTER 152
THE MEDICAL PRACTITIONERS AND DENTISTS ACT

An Act to provide for the registration of medical practitioners and dentists and to provide for matters connected therewith.

[1st December, 1959]

Ord No. 11 of 1959
Acts Nos.
42 of 1963
50 of 1966
24 of 1968

1.   Short title

   This Act may be cited as the Medical Practitioners and Dentists Act.

2.   Interpretation Acts Nos. 42 of 1963 s. 2; 6 of 1977">

   In this Act, unless the context otherwise requires–

   "Council" means the Medical Council of Tanganyika established under section 3;

   "dentist" means any person professing to practise dentistry or holding himself out as ready and willing to give dental treatment to patients;

   "diploma" means any diploma, degree, fellowship, membership, licence, authority to practise, letters, testimonial, certificate, or other status or document granted by any university, corporation, college or other body, or by any department of, or person acting under the authority of, the Government of any country or place;

   "licence" means a licence issued under section 22 and includes a licence to which the provisions of section 42 apply and a licence the validity of which is preserved under paragraph (a) of subsection (2) of section 22 or which is issued under paragraph (c) of that subsection;

   "medical diploma" means a diploma granted in respect of medicine, surgery and midwifery, or any of them, or any branch of medicine or surgery;

   "medical practitioner" means any person professing to practise medicine or surgery; or holding himself out as ready and willing to give medical or surgical treatment to patients;

   "Minister" means the Minister responsible for matters relating to health and medical services;

   "practise dentistry" means to perform any such operation, or to give any such treatment, advice or attendance as is usually performed or given by dentists, and any person who performs any operation or gives any treatment, advice or attendance, on or to any person as preparatory to or for the purpose of, or in connection with the fitting, insertion or fixing of artificial teeth, shall be deemed to practise dentistry;

   "practise medicine or surgery" means to give medical or surgical treatment or advice;

   "register" means a register of medical practitioners or dentists kept under the provisions of paragraph (a) of section 9;

   "Registrar" means the Registrar of medical practitioners and dentists appointed under section 8;

   "Service" means the medical service of the Government or, of the forces of the United Republic.

3.   Establishment of Medical Council of Tanganyika Act No. 42 of 1963 s. 3; G.N. No. 351 of 1959">

   (1) There is hereby established a council to be known as the Medical Council of Tanganyika which shall consist of–

   (a)   the Chief Medical Officer, who shall be the Chairman;

   (b)   the Attorney-General; and

   (c)   not less than five other members being medical practitioners or dentists registered under this Act and appointed by the Minister by notice published in the Gazette.

   (2) The members appointed under paragraph (c) of subsection (1) of this section shall, unless their appointments are previously cancelled, hold office for three years but shall be eligible for re-appointment.

   (3) In the absence of the Chairman from any meeting the members present shall appoint a Chairman for that meeting from among those present and for such meeting that member shall have all the powers and duties of the Chairman.

   (4) No act or proceeding of the Council shall be affected or invalidated by reason of the fact that it is afterwards discovered that there was some defect in the appointment or qualifications of a person purporting to be a member of the Council.

   (5) At any meeting of the Council four members shall constitute a quorum.

   (6) Subject to the provisions of subsection (5) of this section the Council may act notwithstanding any vacancy in its number.

4.   Voting and acts

   (1) The Chairman shall have both a casting and a deliberative vote and the decisions of the majority of the members present and voting at a meeting of the Council shall be deemed to be a decision of the Council.

   (2) All authorisations, directions, recommendations or other documents made or issued by the Council shall be signed by the Chairman or by the Registrar and when so signed shall be deemed to be duly made or issued by the Council.

5.   Casual appointments

   (1) If any member of the Council is incapacitated by illness, temporary absence from Tanzania or other sufficient cause from performing the duties of his office, the Minister may, in writing under his hand, appoint another person to act in his stead and every such person shall have all the powers and duties of the member for whom he is acting until such member is again able to perform the duties of his office or ceases to hold office as a member of the Council.

   (2) In the case of the death or permanent incapacity from any cause, or the resignation or removal from office of any member, the Minister may by notice published in the Gazette appoint in his place another person to be a member of the Council.

   (3) A person appointed to be a member of the Council under the provisions of subsection (2) shall, unless his appointment is previously cancelled, hold office for three years from the date of his appointment but shall be eligible for re-appointment.

6.   Seal

   The Council shall have a seal which shall bear such device as may be decided upon by the Council at its first meeting and which, subject to the provisions of subsection (2) of section 13, may be used upon such occasion as the Council may think fit:

   Provided that until such time as a seal can be procured a rubber stamp bearing the inscription "Medical Council of Tanganyika" may be used in lieu of such seal.

7.   Procedure

   Subject to the provisions of this Act and any rules made thereunder, the Council may from time to time make standing orders providing for the regulation of the conduct of its business and operations, and the procedure at the meetings of the Council.

8.   Appointment of Secretary and Registrar Act No. 42 of 1963 s. 4">

   (1) The Chairman shall appoint a Secretary to the Council, who may be a person holding an office of emolument in the public service and the Chairman may at any time cancel the appointment of the person so appointed and appoint another person in his place.

   (2) The Secretary shall be the Registrar of medical practitioners and dentists and shall perform such duties as may be imposed upon the Registrar by this Act, by any rules made under this Act or by the Council.

9.   Functions of the Council Act No. 42 of 1963 s. 5">

   The functions of the Council shall be generally to carry out the provisions of this Act and rules made thereunder and in particular–

   (a)   to cause to be kept and maintained registers of medical practitioners and dentists;

   (b)   to cause to be published in the Gazette next following the date of registration, or as soon as conveniently may be thereafter, the name, address and registered qualifications of each medical practitioner and dentist duly registered;

   (c)   to cause to be published in the Gazette as soon as conveniently may be after the first day of January in each year, a list containing the names, qualifications and addresses of all medical practitioners and dentists remaining on the registers at the close of the previous years;

   (d)   to direct, should it think fit, the restoration to the register, with or without payment of further fees, of the name of any person previously erased from the register by direction of the Council or under the terms of subsection (1) of section 10;

   (e)   to administer a caution to, or censure, or order the suspension from practice or direct the erasure from the register of the name of any medical practitioner or dentist convicted of any felony or misdemeanour or who after due inquiry by the Council is deemed by it to have been guilty of infamous conduct in any professional respect;

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