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MEDICAL AND DENTAL ACT 10 OF 2004
[ASSENTED TO 13 JULY 2004] [DATE OF COMMENCEMENT: 1 OCTOBER 2004]
(Signed by the President)
ACTTo provide for the establishment and constitution of a professional Council for themedical and dental professions; to determine the powers, duties and functions of such Council; to regulate the registration of medical practitioners and of dentists, andof persons practising certain professions allied to the medical profession or to thedental profession; to specify the education, training and qualifications of personspractising such professions; to prohibit the practising of any such profession withoutbeing registered; and to provide for matters incidental thereto.
ARRANGEMENT OF SECTIONSPREAMBLEPART IINTERPRETATION
1Definitions2Application of Act
PART IIESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF MEDICAL AND DENTALCOUNCIL OF NAMIBIA
3Establishment of Medical and Dental Council of Namibia4Succession from former Boards to Council5Objects of Council6Powers of Council7Composition of Council8Disqualification to be member of Council9Vacation of office by members of Council and filling of vacancies10President and vice-president of Council11Meetings and decisions of Council12Executive committee, professional conduct committee, appeal committee, education committee, and other committees13Funds of Council14Appointment of registrar and staff 15Powers, duties and functions of registrar 
PART IIIEDUCATION, TUITION, TRAINING, QUALIFICATIONS AND REGISTRATION
16Control over education, tuition and training17Registration prerequisite for practising18Minimum requirements of study for registration19Application for registration20Procedures relating to registration21Conditional registration22Registration of person registered conditionally23Keeping of registers24Removal of name from register and effect of such removal25Restoration of name to register 26Fees payable to Council and maintaining of registration by registered person27Register as proof 28Certificate of status and extract from register 29Temporary registration for purposes of educational demonstrations or training30Educational institutions to furnish particulars31Registration of additional qualifications, specialities, professional categories and additional professionalcategories32Continuing professional development
PART IVOFFENCES BY UNREGISTERED PERSONS
 
 33Penalties for practising as medical practitioner or as medical intern, or performing certain acts, whileunregistered34Penalties for practising as dentist, or performing certain acts, while unregistered35Penalties for practising as oral hygienist, or performing certain acts, while unregistered36Penalties for practising any other profession to which this Act applies, or for performing certain acts, whileunregistered, and penalties for holding person out to be registered
PART VDISCIPLINARY POWERS OF COUNCIL
37Professional conduct rules by Council38Inquiry by Council into complaint, charge or allegation of unprofessional conduct39Procedures relating to professional conduct inquiry40Professional conduct inquiry in respect of registered person not to prejudice civil or criminal liability41Penalties for false evidence42Penalties by Council or professional conduct committee for unprofessional conduct43Postponement of imposition of a penalty and suspension of execution of a penalty44Effect of suspension or removal from register 45Cognisance by Council of conduct of registered persons under certain circumstances46
Pro forma
complainants47Limitation of liability48Investigation, assessment and powers of Council in respect of impaired registered persons
PART VIGENERAL AND SUPPLEMENTARY PROVISIONS
49Preparation and supply of medicine by medical practitioners or dentists50Charges by registered persons51Offences relating to registers, registration and impersonation52Death of person under anaesthetic53Commission on prescriptions54Limitations in respect of unregistered persons and proof of registration for issue of licences and permits55Matters relating to investigations and inspections56Appeals to appeal committee57Appeals to High Court58Delegation of powers59Regulations60General rules by Council61Offences and penalties62Authorisation to practise professions in employment of the State63Establishment of Interim Council64Transitional provisions65Repeal of laws and savings66Short title and commencementSchedule - Laws repealed
PREAMBLE
Recognising that the standard of professional practice and conduct of all categories of medical and dental practitioners in Namibia must be improved continuously;Recognising that the evolving Namibian health sector requires strong stewardship onbehalf of the people of Namibia;Recognising that this stewardship function includes both the formulation of rules to governthe professional practice and conduct of practitioners in that sector and to ensurecompliance therewith;Whereas that responsibility may be entrusted to a body led by the relevant professions inclose partnership with the public and the State, with the understanding that such body formsa distinct part of a wider statutory framework aimed at the protection and promotion of thehealth and welfare of the Namibian people;
 
And whereas that responsibility must be executed in an accountable fashion thateffectively protects the public interest,
NOW THEREFORE BE IT ENACTED
by the Parliament of the Republic of Namibia, asfollows:
PART IINTERPRETATION (ss 1-2)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 section28(2);
"clinical biochemist"
means a person registered as such in terms of this Act, or regardedto be so registered in terms of section 64;
"clinical officer"
means a person registered as such in terms of the Allied HealthServices Professions Act, 1993 (Act 20 of 1993) immediately before the commencementdate, and regarded to be so registered in terms of section 64 of this Act, and
"medicalassistant"
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 professionaldevelopment 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 tobe so registered in terms of section 64;
"dentist"
means a person registered as such in terms of this Act, or regarded to be soregistered 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 obtainedwhich complies with the requirements of a prescribed qualification contemplated in section18;
"education committee"
means the education committee established in terms of section12(4)
(a)
;
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