Section 2: Interpretation

2. Interpretation In this Act— “annual list” means the annual list of general practitioners and specialists published under section 30; “Chairperson” means the Chairperson of the Council; “Code of Practice” means the code of practice established under section 12 (c); “Council” means the Council established under section 3; “delegated power” means the power to enquire and report into allegations of professional misconduct or negligence against a public officer delegated to the Council by the Public Service Commission pursuant to section 89 (2) (b) of the Constitution; “diploma in medicine” means any diploma, degree, licence or other like qualification or authority to practise medicine granted by a medical institution and obtained after the successful completion of the course provided by the institution for the obtention of the qualification within the time laid down by the institution; “general practitioner” means a person who is registered as such under section 20; “infamous conduct” includes causing or bringing disrepute to the medical profession by improper behaviour; “malpractice” includes a failure to exercise due professional skill or care which results in injury to, or loss of life of, a person; “medical institution” means a university, faculty, college or other similar body which— (a) is authorised under the law of any country to provide courses leading to a diploma in medicine; and (b) is prescribed; “medicine”— (a) means scientific medicine in all its branches; and (b) includes surgery and obstetrics; but (c) does not include veterinary medicine or surgery; [Issue 5] M60 – 2 Revised Laws of Mauritius “member”— (a) means a member of the Council; and (b) includes the Chairperson; “Minister” means the Minister to whom responsibility for the subject of health is assigned; “negligence” includes failure on the part of a registered person to exercise the proper and timely care expected from a registered person; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of health; “preliminary investigation” means an investigation conducted in accordance with section 13; “professional misconduct” includes improper, disgraceful, dishonourable or unworthy conduct; “recognised professional body” means such body as may be prescribed; “recognised specific training” means such qualification as may be prescribed; “register” means a register kept under section 20; “registered medical practitioner” means a person registered as general practitioner or a specialist under section 20; “registered person” means a person whose name is on one of the registers kept under section 20; “Registrar” means the Registrar of the Council appointed under section 10; “specialist” means a person registered as a specialist under section 20; “specialist qualification” means— (a) a postgraduate qualification in a medical speciality obtained from a medical institution after having followed a course of training of not less than 3 years and passed the appropriate examination pertaining to the course; (b) a postgraduate qualification in a medical speciality issued by a recognised professional body; or (c) a recognised specific training in a sub-speciality undertaken after obtaining a qualification under paragraph (a) or (b); “Tribunal” means the Disciplinary Tribunal referred to in section 15. [S. 2 amended by GN 22 of 2000; s. 3 of Act 1 of 2002 w.e.f. 29 January 2002; s. 3 of Act 28 of 2007 w.e.f. 27 December 2007.] M60 – 3 [Issue 7 ssed the appropriate examination pertaining to the course; (b) a postgraduate qualification in a medical speciality issued by a recognised professional body; or (c) a recognised specific training in a sub-speciality undertaken after obtaining a qualification under paragraph (a) or (b); “Tribunal” means the Disciplinary Tribunal referred to in section 15. [S. 2 amended by GN 22 of 2000; s. 3 of Act 1 of 2002 w.e.f. 29 January 2002; s. 3 of Act 28 of 2007 w.e.f. 27 December 2007.] M60 – 3 [Issue 7] Medical Council Act PART II – THE COUNCIL Sub-Part A – Establishment and Functions of Council