Related documents
- Is amended by Medical and Dental Amendment Act, 2018
- Is commenced by Commencement of the Medical and Dental Act, 2004
Medical and Dental Act, 2004
Act 10 of 2004
- Published in Government Gazette 3251 on 30 July 2004
- Assented to on 13 July 2004
- Commenced on 1 October 2004 by Commencement of the Medical and Dental Act, 2004
- [This is the version of this document from 6 September 2018 and includes any amendments published up to 11 October 2024.]
- [Amended by Medical and Dental Amendment Act, 2018 (Act 9 of 2018) on 6 September 2018]
Part I – INTERPRETATION
1. Definitions
In this Act, unless the context otherwise indicates -“annual fees” means the annual fees determined by the Council in terms of section 26;“appeal committee” means the appeal committee established by the Council in terms of section 12(3)(a);“biomedical engineer” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“certificate of status” means a certificate setting out the information referred to in section 28(2);“clinical biochemist” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“clinical officer” means a person registered as such in terms of the Allied Health Services Professions Act, 1993 (Act No. 20 of 1993) immediately before the commencement date, and regarded to be so registered in terms of section 64 of this Act, and “medical assistant” has a corresponding meaning;“commencement date” means the date of commencement of this Act;“committee” means a committee established by or in terms of section 12;“continuing professional development” means the continuing professional development contemplated in section 32;“Council” means the Medical and Dental Council of Namibia established by section 3;“dental student” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“dentist” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“educational institution” means any university, college, technical college, technikon, training facility or other similar or related institution where a qualification can be obtained which complies with the requirements of a prescribed qualification contemplated in section 18;“education committee” means the education committee established in terms of section 12(4)(a);“executive committee” means the executive committee established in terms of section 12(1)(a);“fees”, in relation to an application, means the fees relating to the application concerned as determined by the Council in terms of section 26, and “application fees” has a corresponding meaning;“former Dental Board” means the Dental Board established by section 2 of the Medical and Dental Professions Act, 1993 (Act No. 21 of 1993), and in existence immediately before the commencement date;“former Medical Assistants and Clinical Officer Board” means the Medical Assistants and Clinical Officers Board established by section 2 of the Allied Health Services Professions Act, 1993, and in existence immediately before the commencement date;“former Medical Board” means the Medical Board established by section 2 of the Medical and Dental Professions Act, 1993, and in existence immediately before the commencement date;“genetic counsellor” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“inquiry” means a professional conduct inquiry in terms of PART V;“Interim Council” means the Interim Council established in terms of section 63;“in writing”, relating to any notice to be given, includes a notice, a record, the agenda or the minutes of a meeting, or an extract therefrom, sent, delivered or dispatched to the intended recipient by hand, by registered post or by means of facsimile or e-mail, or in any prescribed manner, addressed to the applicable address furnished in writing by that intended recipient, or which has been entered into the register in which the name of the registered person concerned appears;“legal practitioner” means a legal practitioner as defined in section 1 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995);“medical assistant” means a person registered as such in terms of the Allied Health Services Professions Act, 1993, immediately before the commencement date, and regarded to be so registered in terms of section 64 of this Act, and “clinical officer” has a corresponding meaning;“medical biological scientist” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“medical intern” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“medical physicist” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“medical practitioner” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“medical scientist” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“medical student” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“medicine” means a medicine as defined in section 1 of the Medicines and Related Substances Control Act, 2003 (Act No. 13 of 2003);“member of the Council” means a member of the Council appointed in terms of section 7;[definition of “member of the Council” substituted by section 1 of Act 9 of 2018]“mental illness” means a mental illness as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973), and “mentally ill” has a corresponding meaning;“Minister” means the Minister responsible for Health;“ophthalmic assistant” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“oral hygienist” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“oral hygiene student” means a person registered as such in terms of this Act, or regarded to be so registered in terms of section 64;“other examining authority” means an examining authority recognised by the Minister in terms of section 18(4);“pharmacist” means a person registered as such in terms of the Pharmacy Act, 2004;“pharmacy” means a pharmacy as defined in section 1 of the Pharmacy Act, 2004;“Permanent Secretary” means the Permanent Secretary of the Ministry responsible for Health;“practise”, in relation to a profession to which this Act applies, includes the taking up of employment where any act especially pertaining to such profession is performed;“preliminary investigation committee” means the preliminary investigation committee established by the Council in terms of section 12(5)(a);“prescribe” -(a)in relation to any medicine, means the prescribing of a medicine by a person authorised by or in terms of any law to prescribe such medicine for consumption by a person, and “prescribed medicine” or “prescription” has a corresponding meaning; and(b)if not used in relation to medicine, means to prescribe by regulation;“president” means the president of the Council elected in terms of section 10;“profession” means any of the health professions mentioned in section 17(1);“Professional Committee” means a Professional Committee established by section 12(10)(a);“professional conduct committee” means the professional conduct committee established by the Council in terms of section 12(2)(b);“professional conduct inquiry” means an inquiry in terms of PART V;“public holiday” means a public holiday referred to in, or declared under, section 1 of the Public Holidays Act, 1990 (Act No. 26 of 1990);“qualification” means any degree, diploma or certificate conferred upon a person after having been examined in respect of that person’s proficiency in a particular field of study;“register” -(a)when used as a verb, means to register a person in terms of this Act to practise a profession, and “registration” has a corresponding meaning; and(b)when used as a noun, means a register referred to in section 23;“registered person” in relation to any profession to which this Act applies, means a person who is registered in terms of section 20 to practise such profession, or who is regarded to be so registered in terms of section 64;“registrar” means the person appointed in terms of section 14(1) as the registrar of the Council and of the Councils established by law for the nursing profession, the social work and psychology professions, the pharmacy profession and the allied health professions, or the staff member referred to in section 64(7) acting as the registrar;“registration certificate” means a registration certificate issued in terms of section 20(4)(b);“regulation” means any regulation made or in force in terms of this Act;“repealed Act” means the repealed Medical and Dental Professions Act, 1993 (Act No. 21 of 1993), or the repealed Allied Health Services Professions Act, 1993 (Act No. 20 of 1993), in so far as it relates to any profession mentioned in section 17(1);“rule” means a rule made by the Council in terms of section 60;“rural medical aid” means a person registered as such in terms of the Allied Health Services Professions Act, 1993, immediately before the commencement date, and regarded to be so registered in terms of section 64 of this Act;“scheduled substance” means any medicine or other substance classified as such in terms of section 29(1)(a) of the Medicines and Related Substances Control Act, 2003 (Act No. 13 of 2003);“staff member” means a staff member as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995);“student” means any person who is studying or is receiving education or training at an educational institution in a profession mentioned in section 17 for the purpose of qualifying for registration to practise such profession in terms of this Act;“this Act” includes the regulations and the rules;“treatment” means the management and care of a patient for the purpose of combating any disease or disorder, including wounds and injuries, in or on or in respect of that patient, including such treatment as may be prescribed, and “treat” has a corresponding meaning;“unprofessional conduct” means improper or dishonourable or unworthy conduct, or conduct which, when regard is had to the profession of the registered person, is improper or disgraceful or dishonourable or unworthy, and includes acts and omissions specified in terms of section 37(1);“unregistered”, in relation to any profession to which this Act applies, means to be not registered in terms of section 20 to practise such profession, or not to be regarded as so registered in terms of section 64, and “not registered” has a corresponding meaning; and“vice-president” means the vice-president of the Council elected in terms of section 10.2. Application of Act
This Act applies to the professions mentioned in sections 17(1).Part II – ESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF MEDICAL AND DENTAL COUNCIL OF NAMIBIA
3. Establishment of Medical and Dental Council of Namibia
4. Succession from former Boards to Council
5. Objects of Council
The objects of the Council are -6. Powers of Council
7. Composition of Council
8. Disqualification to be member of Council
A person does not qualify to be a member of the Council in terms of section 7, if that person -9. Vacation of office by members of Council and filling of vacancies
10. President and vice-president of Council
11. Meetings and decisions of Council
12. Executive committee, professional conduct committee, appeal committee, education committee and other committees
13. Funds of Council
14. Appointment of registrar and staff
15. Powers, duties and functions of registrar
Part III – EDUCATION, TUITION, TRAINING, QUALIFICATIONS AND REGISTRATION
16. Control over education and training
17. Registration prerequisite for practising
18. Minimum requirements of study for registration
19. Application for registration
20. Procedures relating to registration
21. Conditional registration
22. Registration of person registered conditionally
Any person registered conditionally in terms of section 21 may apply to the Council, as soon as he or she has complied with that section and the conditions specified in the conditional registration certificate concerned, for registration in terms of section 20.23. Keeping of registers
24. Removal of name from register and effect of such removal
25. Restoration of name to register
26. Fees payable to Council and maintaining of registration by registered person
27. Register as proof
28. Certificate of status and extract from register
29. Temporary registration for purposes of educational demonstrations or training
30. Educational institutions to furnish particulars
31. Registration of additional qualifications, specialities, professional categories and additional professional categories
32. Continuing professional development
Part IV – OFFENCES BY UNREGISTERED PERSONS
33. Penalties for practising as medical practitioner or as medical intern, or performing certain acts, while unregistered
34. Penalties for practising as dentist, or performing certain acts, while unregistered
35. Penalties for practising as oral hygienist, or for performing certain acts, while unregistered
36. Penalties for practising any other profession to which this Act applies, or for performing certain acts, while unregistered, and penalties for holding person out to be registered
Part V – DISCIPLINARY POWERS OF COUNCIL
37. Professional conduct rules by Council
38. Inquiry by Council into complaint, charge or allegation of unprofessional conduct
39. Procedures relating to professional conduct inquiry
40. Professional conduct inquiry in respect of registered person not to prejudice civil or criminal liability
41. Penalties for false evidence
Any person who gives false evidence on oath at any inquiry conducted in terms of this PART, knowing such evidence to be false, is guilty of an offence and on conviction liable to the penalties prescribed by law for the crime of perjury.42. Penalties by Council or professional conduct committee for unprofessional conduct
43. Postponement of imposition of a penalty and suspension of execution of a penalty
44. Effect of suspension or removal from register
45. Cognisance by Council of conduct of registered persons under certain circumstances
46. Pro forma complainants
47. Limitation of liability
Unless otherwise provided in this Act, the Minister, the Permanent Secretary, the Council or any committee thereof, any member of the Council or of any such committee, the Interim Council or any member thereof, any officer or employee of the Council, or the registrar, is not liable in respect of anything done or omitted to be done in good faith in the exercise of a power or the performance of a duty or function in terms of this Act, or anything that may result from anything so done or omitted.48. Investigation, assessment and powers of Council in respect of impaired registered persons
Part VI – GENERAL AND SUPPLEMENTARY PROVISIONS
49. Preparation and supply of medicine by medical practitioners or dentists
50. Charges by registered persons
51. Offences relating to registers, registration and impersonation
Any person who -52. Death of person under anaesthetic
The death of a person while under the influence of a general anaesthetic or local anaesthetic, or of which the administration of an anaesthetic has been a contributory cause, is not regarded to be a death from natural causes as contemplated in the Inquests Act, 1993 (Act No. 6 of 1993), or the Births, Marriages and Deaths Registration Act, 1963 (Act No. 81 of 1963).53. Commission on prescriptions
54. Limitations in respect of unregistered persons and proof of registration for issue of licences and permits
55. Matters relating to investigations and inspections
56. Appeals to appeal committee
57. Appeals to High Court
58. Delegation of powers
59. Regulations
60. General rules by Council
61. Offences and penalties
Any person convicted of any offence in terms of or referred to in -62. Authorisation to practise professions in employment of the State
63. Establishment of Interim Council
64. Transitional provisions
65. Repeal of laws and savings
66. Short title and commencement
This Act is called the Medical and Dental Act, 2004, and will come into operation on a date to be determined by the Minister by notice in the Gazette.History of this document
06 September 2018 this version
Amended by
Medical and Dental Amendment Act, 2018
01 October 2004
Commenced by
Commencement of the Medical and Dental Act, 2004
30 July 2004
13 July 2004
Assented to
Cited documents 12
Act 12
1. | Public Service Act, 1995 | 308 citations |
2. | Legal Practitioners Act, 1995 | 249 citations |
3. | Public Accountants’ and Auditors’ Act, 1951 | 200 citations |
4. | Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, 1971 | 190 citations |
5. | Medicines and Related Substances Control Act, 2003 | 148 citations |
6. | Deeds Registries Act, 1937 | 144 citations |
7. | Hospitals and Health Facilities Act, 1994 | 99 citations |
8. | Mental Health Act, 1973 | 94 citations |
9. | Magistrates Act, 2003 | 86 citations |
10. | Public Holidays Act, 1990 | 76 citations |
Documents citing this one 172
Gazette 152
Act 9
1. | Labour Act, 2007 | 614 citations |
2. | Medicines and Related Substances Control Act, 2003 | 148 citations |
3. | Correctional Service Act, 2012 | 115 citations |
4. | Public and Environmental Health Act, 2015 | 62 citations |
5. | Value-Added Tax Act, 2000 | 56 citations |
6. | Child Care and Protection Act, 2015 | 54 citations |
7. | Criminal Procedure Act, 2004 | 18 citations |
8. | Tobacco Products Control Act, 2010 | 16 citations |
9. | National Health Act, 2015 | 2 citations |
Judgment 5
Government Notice 3
Discussion Paper 1
1. | Discussion Document on Consumer Protection |
Law Reform Report 1
1. | Report on the Mental Health Bill |
Proclamation 1
1. | COVID-19: Regulations Relating to Health Matters |