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CHAPTER 113

MEDICAL PRACTITIONERS, PHARMACISTS,MIDWIVES AND NURSES

AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE CEYLONMEDICAL COLLEGE, THE CEYLON MEDICAL COUNCIL, MEDICAL PRACTITIONERS,DENTISTS, MIDWIVES. APOTHECARIES, PHARMACISTS, AND NURSES.

OrdinancesNos. 26 of 1927,

5 of 1930,2 of 1933,9 of 1933,

35 of 1938,55 of 1938,35 of 1939,45 of 1941,20 of 1942,25 of 1946,

ActsNos. 10 of 1949,

14 of 1949,27 of 1949,36 of 1949,46 of 1949,12 of 1952,23 of 1954,23 of 1955,31 of 1961,37 of 196I,16 of 1965,10 of 1979. [5th October. 1928.]

In this section "property" shall notinclude any property transferred to theownership or control of the University ofCeylon by or under the Ceylon UniversityOrdinance ; and " affairs " shall not includeany affairs of the University of Ceylon.

PART I

PRELIMINARY

Short title. 1. This Ordinance may be cited as theMedical Ordinance.*

Jury service.

CollegeCouncil tomanage theMedicalCollege.

2. All persons registered under thisOrdinance and in actual practice shall beexempt from serving on any jury.

PART II

THE CEYLON MEDICAL COLLEGE

3. The Ceylon Medical College (in thisOrdinance called " the College"), itsproperty, and affairs shall be managed bythe Council of the Ceylon Medical College(in this Ordinance called " the CollegeCouncil") in accordance with theregulations for the time being in force underthis Ordinance.

4. The College shall be maintained out Cost ofof funds provided for the purpose by maintenance.Parliament.

5. (1) The College Council is a body Constitutioncorporate by the name and style of " The of CollegeCouncil of the Ceylon Medical College", Council.having perpetual succession, a common seal,and power to acquire and hold land andother property, and consists of—

(a) the person for the time beingdischarging the duties of theDirector of Health Services ;

* The provisions of the Medical Ordinance shall not apply to or in relation to the practice of, or to personspractising, medicine, surgery, pharmacy or nursing according to ayurveda — See section 83 of the Ayurveda Act. This is a reference to the University of Ceylon, established under the repealed Ceylon University Ordinance and

continued as the University of Sri Lanka under the repealed University of Ceylon Act, No. 1 of 1972.

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MEDICAL PRACTITIONERS, &c.

SLIIT SLIIT

[Cap. 113

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(b) the person fordischarging theDirector ofServices);

the time beingduties of DeputyHealth (Medical

(c) the person for the time beingdischarging the duties of Professorof Medicine of the University ofCeylon* or such other person asmay be nominated by the Ministerin place of such Professor undersubsection (2);

(d) the person for the time beingdischarging the duties of Professorof Surgery of the University ofCeylon* or such other person asmay be nominated by the Ministerin place of such Professor undersubsection (2);

(e) the person for the time beingdischarging the duties of Professorof Anatomy of the University ofCeylon* or such other person asmay be nominated by the Ministerin place of such Professor undersubsection (2);

(f) the perse*) for the time beingdischarging the duties of Professorof Physiology of the University ofCeylon* or such other person asmay be nominated by the Ministerin place of such Professor undersubsection (2);

(g) the person for the time beingdischarging the duties of Professorof Obstetrics and Gynaecology ofthe University of Ceylon* or suchother person as may be nominatedby the Minister in place of suchProfessor under subsection (2);

(A) a person nominated by the Ministerout of those engaged in teaching atany Government Nurses TrainingSchool;

(i) a person nominated by the Ministerout of those possessing the degreeof Bachelor of Pharmacy or thequalification of Member of thePharmaceutical Society or otherequivalent qualification;

(j) a medical practitioner, nominated asaforesaid, who is neither a lecturerin the University of Ceylon* or theCeylon Medical College, nor anofficer in the service of theGovernment, nor in receipt of apension from the Government.

(2) The Minister may at any timenominate any person to be a member of theCollege Council in place of any Professorreferred to in paragraphs (c), (d), (e), (f) and(g) respectively of subsection (1).

(3) A nominated member of the CollegeCouncil holds office for three years unlesshe previously resigns or his appointment isrevoked by the Minister, and shall beeligible for renomination.

(4) If any member of the College Councilleaves Sri Lanka without the intention ofreturning thereto, or is absent from SriLanka for more than six consecutivemonths, he shall thereupon cease to be amember.

(5) The Minister may appoint and revokethe appointment of any person to be atemporary nominated member in the placeof any nominated member beingtemporarily absent, or ill, or unable, orunwilling to act.

6. (1) At every meeting of the College Procedure ofCouncil the Director of Health Services, or Collegein his absence the Deputy Director ofHealth (Medical Services), or, in theabsence of both, a member chosen by themembers present or by a majority of them,shall preside as chairman.

(2) Every question which comes beforethe College Council shall be decided by amajority of the votes of the memberspresent and voting.

(3) No question shall be decided at anysuch meeting unless five members at theleast, besides the chairman, are present atthe time of the decision.

(4) The chairman and every memberpresent at the meeting shall have one vote,and the chairman, in case of an equality ofvotes, shall have a second or casting vote.

* See footnote to section 3.

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SLIIT SLIIT

Cap. 113]

MEDICAL PRACTITIONERS, &c. [Cap. 113

Certificates,&c.

l§ 2, 16 of1965.]

[§ 2, 10 of1979.]

7. (1) Subject to any regulations for thetime being in force, the College Council mayconfer on persons who have passed theprescribed examinations and fulfilled theprescribed conditions—

(a) certificates of efficiency as midwives ;

(b) certificates of efficiency asapothecaries;

(bb) certificates of efficiency as estateapothecaries;

(bbb) diplomas of efficiency asapothecaries;

(c) certificates of efficiency aspharmacists; and

(d) certificates of efficiency as nurses.

(2) Any person on whom any diploma orcertificate has been conferred undersubsection (1) may be deprived of suchdiploma or certificate by the CollegeCouncil in such circumstances and inaccordance with such procedure as may beprescribed.

8. The College Council may charge theprescribed fees (which shall be paid into theConsolidated Fund) for entrance into theCollege, for continuance therein, foradmission to examinations, for attendanceat lectures or classes, and for any diplomaor certificate issued by the College Council.

Appointments. 9. (1) Where any lecturers or otherteachers are necessary for the purposes ofany course of study not provided by theUniversity of Ceylon,* such lecturers orteachers may be appointed by the CollegeCouncil.

Examiners may in like manner beappointed by the College Council whenevernecessary.

(2) There may also be appointed suchofficers and servants of the College, as maybe necessary.

Fees.

Professors,&c., of Collegeto be publicservants.

10. Every professor, lecturer, examiner,officer or servant of the College shall bedeemed to be a public servant within themeaning of section 19 of the Penal Code.

11. Regulations may be made as to—

(a) the mode and time of convening themeetings of the College Council andof transacting business thereat;

(b) the duties of professors, lecturers,examiners, officers, and servants;

(c) the previous course of instruction tobe followed by candidates for theexaminations of the College;

(d) the maintenance of good order anddiscipline among students of theCollege or persons attending theexaminations or lectures of theCollege, and the exclusion fromsuch lectures and examinations ofstudents or persons contraveningsuch regulations;

(e) the examinations to be passed andother conditions to be fulfilled bycandidates for diplomas andcertificates;

(f) the fees to be charged under this Part;

(g) the keeping of accounts of the incomeand expenditure of the College;

(h) generally all matters relating to theCollege.

PART III

THE CEYLON MEDICAL COUNCIL

12. (1) The Ceylon Medical Council (inthis Ordinance called " the MedicalCouncil") shall consist of eleven members,including the president and vice-president,to be appointed as follows, namely—

(a) the president nominated by theMinister;

(b) one member elected by the teachers ofthe Faculty of Medicine of theUniversity of Ceylon ;*

(c) two members elected by the medicalpractitioners who are registeredunder the Medical Acts ;

Power tomakeregulations.

Constitutionand duties ofCeylonMedicalCouncil.


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Cap. 113] MEDICAL PRACTITIONERS, &c.

Members ofMedicalCouncil to bemedicalpractitioners.

Tenure ofoffice ofmembers.

Vacation ofseat bymember ofMedicalCouncil.

Filling up ofvacancies.

(d) two members elected by all othermedical practitioners;

(e) one member elected by dentists ;

(f) four members nominated by theMinister, of whom at least twomembers shall not be inGovernment employ or in receipt ofa pension from Government.

(2) A vice-president shall be elected fromamong the members of the Medical Council,by the Medical Council-

(3) The Medical Council shall performthe duties imposed on it by this Ordinance,and may make representations to theGovernment on any matter connected withthe medical profession in Sri Lanka.

13. No person snail be eligible to be amember of the Medical Council unless he isa medical practitioner or a dentist.

14. The members of the MedicalCouncil shall hold office for a term of fiveyears, but shall be eligible for re-election orrenomination.

15. A member of the Medical Councilshall be deemed to have vacated his seat—

(a) on sending his resignation in writingto the president or registrar;

(b) on his absence without excusesufficient in the opinion of theMedical Council from threeconsecutive meetings of the MedicalCouncil;

(c) on his absence from Sri Lanka fortwelve consecutive months;

(d) on erasure of his name from aregister;

(e) on his being declared an insolvent orbankrupt by any competent court;

(f) on expiry of his term of office.

16. When the seat of any memberbecomes vacant, the vacancy shall be filledup by election or nomination, as the case

may be, in accordance with the provisionsof this Pan.

17. (1) The Medical Council shall Registrar andappoint a registrar, who shall act as other officers.secretary of the Medical Council and also astreasurer, unless the Medical Council shallappoint another person as treasurer. Everyperson so appointed shall be removable atthe pleasure of the Medical Council.

(2) The Medical Council may alsoemploy such other persons as it may deemnecessary for the purposes of thisOrdinance.

(3) All persons appointed or employedunder this section shall be deemed to bepublic servants within the meaning ofsection 19 of the Penal Code.

18. (1) Every order or decision of the Appeals toMedical Council under this Ordinance shall Minister.be subject to appeal to the Minister whosedecision shall be final.

(2) The Medical Council and the registrarshall give all information which may berequired by the Minister for the purposes ofany such appeals.

19. Regulations may be made for all or Power to makeany of the following purposes:— regulations.

(a) the election of members to theMedical Council and of thevice-president;

(b) the procedure at meetings of theMedical Council, including thequorum;

(c) the appointment, suspension, removal,duties, and remuneration of officersand servants of the MedicalCouncil ;

(d) the keeping of the accounts of thereceipts and expenses in carryingout the provisions of thisOrdinance, and the auditing of suchaccounts.

PART IV

THE REGISTERS

20. (1) The registrar shall, in Registers toaccordance with the provisions of this be kept by

registrar.

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Ordinance, keep the following registerssubstantially in the form contained in theFirst Schedule, namely—

(a) a register of medical practitionersqualified to practise medicine andsurgery in Sri lanka;

(b) a register of dentists qualified topractise dentistry and dentalsurgery in Sri Lanka;

(c) a register of women qualified topractise as midwives in Sri Lanka;

(d) a register of persons qualified to actas pharmacists in Sri Lanka; and

(e) a register of persons qualified topractise as nurses in Sri Lanka.

(2) No person under the age of twenty-one years shall be registered.

(3) No alien shall be registered exceptwith the approval of the President on therecommendation of the Minister.

(4) The registrar shall enter in theappropriate register the name of everyperson who proves his claim to beregistered, and shall report the name ofevery such person to the Medical Council atits next meeting.

(5) The registrar shall enter in a separatepart of the register mentioned in paragraph(a) of subsection (1) the name of everyperson who proves his claim to beprovisionally registered as a medicalpractitioner under subsection (2) of section29, and if that person is registered thereafteras a medical practitioner under subsection(1) of that section, the registrar shall strikeoff the name of that person from such partof the aforesaid register as contains thenames of persons provisionally registered as.medical practitioners.

[§2,37 of (5A) The registrar shall enter in a1961 .] separate part of the appropriate register

kept under subsection (1) the name of anyperson whose application for registration asa medical practitioner, dentist or nurse isallowed by the Medical Council under

section 67A and, if such person leaves SriLanka, shall strike off his name from theregister.

(6) An applicant for registration shalldeliver to the registrar the appropriatedeclarations required by the Scheduleswhich shall be declared before a Justice ofthe Peace or a Commissioner for Oaths, andsuch other evidence of his right to beregistered as the registrar may require.

(7) The registrar may refer any case ofdoubt or difficulty to the Medical Council.

(8) In this section, " alien" means aperson other than a person who is aCommonwealth citizen within the meaningof the British Nationality Act, 1948.

21. If any person fraudulently procuresor attempts to procure himself or any otherperson to be registered under this Ordinanceby making or producing or causing to bemade or produced any false or fraudulentrepresentation or declaration, either orallyor in writing, he and every person aiding orassisting him shall be guilty of an offence,and shall on conviction by the High Courtbe liable to imprisonment of eitherdescription for any term not exceeding twoyears, or to a fine not exceeding twothousand rupees, or to both suchimprisonment and fine.

22. The registers kept by the registrar ofthe Council of the Ceylon Medical Collegeunder the Medical Registration Ordinance,1905,* and the Dentists RegistrationOrdinance, No. 3 of 1915,* or by theregistrar of the Ceylon Medical Councilunder either of those Ordinances and theCeylon Medical Council Ordinance, No. 24of 1924,* are the property of and shall bekept by the Medical Council, and shall bedeemed to be kept under this Ordinance,and every person whose name is entered inany such register shall be deemed to beregistered under this Ordinance.

23. (1) Whenever any person registeredunder this Ordinance changes his residencehe shall forthwith notify his new address tothe registrar, who shall enter it in theregister.

(II & 12 Geo.vi, c. 56.)

Punishment forfraudulentlyprocuringpersons to beregistered.

Continuance ofexistingregisters.

Change ofresidence.

* Repealed by Ordinance No. 26 of 1927.

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Change ofqualification.

Power toerase namefrom registerand to restoreany name toregister.

(2) The registrar may send a letter byregistered post to any registered personaddressed to him according to his address inthe register to inquire whether he haschanged his residence, and if he does notreceive an answer to such letter within sixmonths of the sending thereof, he may erasefrom the register the name of such person ;

Provided always that the same shall berestored at the request of the MedicalCouncil.

24. (1) Any person registered under thisOrdinance who may obtain any degree orqualification other than the degree orqualification in respect of which he isregistered may cause such other degree orqualification to be inserted in the register, inaddition to the degree or qualificationalready registered.

(2) The fee for insertion shall be tenrupees for each degree or qualification.

25. (1) The Medical Council may, if itthinks fit—

(a) on any ground authorized by thisOrdinance, order that the name ofany person be erased from a registeror, in lieu of such erasure, mayorder that he be suspended from therights, privileges, and immunitiesconferred upon him by resgistrationduring the period specified in theorder;

(b) order that the name of any person berestored to a register.

(2) Before making an order undersubsection (1) (a), the Medical Council shallgive the person affected an opportunity ofshowing cause why the order should nut bemade, and for that purpose permit him tobe represented or assisted by his legaladviser or advisers.

(3) At any proceedings against a personunder this section, the Medical Council mayemploy the services of—

(a) an attorney-at-law or counsel to leadthe evidence and present the caseagainst that person, and

Registrar tokeep eachregister up todate.

27. The registrar shall, as soon as may Publication ofbe after the first day of January in each registers in year, cause a copy of each register as it Gazette. exists on such first day of January to bepublished in the Gazette.

28. (I) In all proceedings, whether civil Proof ofof criminal— contents of

registers.

(b) an attorney-at-law or counsel toadvise the Council and to act asjudicial assessor.

26. (I) The registrar shall keep eachregister correct and up to date in accordancewith this Ordinance, and shall cancel in theregister the name of any person who hasdied.

(2) The registrar shall, by and inaccordance with the orders of the MedicalCouncil, erase any entry from, or correctany entry in, a register when such entry isproved to the satisfaction of the MedicalCouncil to have been fraudulently orincorrectly made, and shall enter in theregister and sign the reason for everyerasure or correction.

(a) any extract from or copy of a registercertified by the registrar to be trueshall be admissible in evidencewithout proof, and shall besufficient prima facie evidence ofthe contents of the register;

(b) a certificate by the registrar that thename of any person is or is notregistered in a register or was orwas not so registered at a date orduring a period specified in thecertificate shall be admissible inevidence, and shall be sufficientprima facie evidence of the factsstated therein.

(2) For the purposes of this section, noproof need be given, unless the courtotherwise requires, of the signature of theregistrar to any such copy, extract, orcertificate, or of his appointment asregistrar.

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Registrationas medicalpractitioners.

[§3,16 of1965.]

PART V

MEDICAL PRACTITIONERS

29. (1) A person shall, upon applicationmade in that behalf to the Medical Council,be registered as a medical pratitioner—

(a) if he is of good character, and

(b) ifhe—

(i) holds the degree of Bachelor ofMedicine of the University ofCeylon* and a certificate granted bythe Medical Council under section32, or

(ii) is registered or qualified to beregistered under the Medical Acts,or

(iii) holds a qualifying diploma within themeaning of the Medical Acts and acertificate granted by the MedicalCouncil under section 32, or

(iv) not being qualified to be registeredunder any of the preceding sub-paragraphs,—

(aa) is a citizen of Sri Lankaaccording to the law for thetime being in force relating tocitizenship, and

(bb) holds the degree of Bachelor ofMedicine or an equivalentqualification of any universityor medical school of anycountry other than Sri Lankawhich is recognized by theMedical Council for thepurposes of this section, and

(cc) unless exempted under theprovisions of subsection (2A),has passed a specialexamination prescribed in thatbehalf by the MedicalCouncil, and

(dd) holds a certificate granted bythe Medical Council undersection 32.

(2) For the purposes only of enabling theacquirement of such experience as isrequired for obtaining from the MedicalCouncil a certificate under section 32, aperson shall, upon application made in thatbehalf to the Medical Council, be registeredprovisionally as a medical practitioner—

(a) if he is of good character, and

(b) if he—

(i) holds the degree of Bachelor ofMedicine of the University ofCeylon,* or

(ii) has passed the examinationnecessary for obtaining thedegree of Bachelor ofMedicine of the University ofCeylon* but has not obtainedthat degree owing to a delayon the part of that universityin conferring that degree onhim, or

(iii) holds a qualifying diplomawithin the meaning of theMedical Acts but has notacquired such experience as isrequired for becomingregistered under those Acts, or

(iv) not being qualified to be [§ 3,16 ofregistered under any of the 1965.]preceding sub-paragraphs,—

(aa) is a citizen of Sri Lankaaccording to the law forthe time being in forcerelating to citizenship,and

(bb) holds a degree of Bachelorof Medicine or anequivalent qualificationof any university ormedical school of anycountry other than SriLanka, which isrecognized by theMedical Council for thepurposes of this section,and


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Cap. 113] MEDICAL PRACTITIONERS. &c.

[§ 3, 16 of1965.]

Medicalofficers of theUnitedKingdomArmy, Navy orAir Forcedeemed to beregisteredmedicalpractitioners.

CertainGovernmentmedicalofficersdeemed to beregisteredmedicalpractitioners.

Certificateof experiencein prescribedhospitals orinstitutions.

(cc) unless exempted under theprovisions of subsection(2A), has passed aspecial examinationprescribed in that behalfby the Medical Council.

(2A) Where the Medical Council issatisfied that the medical qualification onthe faith of which a person applies forregistration under subsection (1) orsubsection (2) is of a sufficiently highstandard and such qualification is obtainedin a country which recognizes the degree ofBachelor of Medicine of the University ofCeylon*, the Council may exempt suchperson from the requirement of passing thespecial examination referred to in sub-paragraph (cc) of each of the saidsubsections.

(3) The fee for registration, or provisionalregistration, as a medical practitioner shallbe fifty rupees and it shall be paid to theregistrar on application for registration.

(4) A person who has paid the fee for hisprovisional registration as a medicalpractitioner shall not be required to pay anyfee for his subsequent registration as amedical practitioner.

30. All medical officers of the Army,Navy, or Air Force of the United Kingdomserving in Sri Lanka on full pay shall bedeemed to be duly registered medicalpractitioners.

31. Where a person, who is not qualifiedto be registered under section 29 (I ) , iscertified, by written statement given underthe hand of the Director of Health Servicesand lodged with the registrar, to be in theemployment of the Government of SriLanka as a medical officer, such personshall be deemed to be a duly registeredmedical practitioner, while he is soemployed.

32. (1) Where a person who isprovisionally registered as a medicalpractitioner applies to the Medical Councilfor a certificate under this section and suchCouncil is satisfied that he—

(a) has been engaged in employment in aresident medical capacity for theprescribed period in one or moreprescribed hospitals or institutions,

(b) has, during his employment asmentioned in paragraph (a) of thissubsection, been engaged for theprescribed period in the practice ofmedicine and for the prescribedperiod in the practice of surgery,and

(c) has rendered satisfactory service whileemployed as aforesaid,

such Council shall grant, in the prescribedform, a certificate that such Council is sosatisfied.

(2) Where a person who is provisionallyregistered as a medical practitioner has,during his employment as mentioned insubsection (1), been engaged in the practiceof midwifery for any period not exceedingthe prescribed period, such period spent inthe practice of midwifery shall, for thepurposes of paragraph (b) of subsection (1),be deemed to be a period spent in thepractice of medicine or a period spent in thepractice of surgery as he may elect.

(3) Where an applicant to the MedicalCouncil for a certificate under this sectionhas, during his employment as mentioned insubsection (I ) , been engaged in the practiceof medicine and in the practice of eithersurgery or midwifery or both surgery andmidwifery, the period of that employmentshall, in order to compute the period of hispractice of medicine and the period of hispractice of surgery for the purposes ofparagraph (b) of subsection (1), beapportioned in such manner as may bedetermined by the Medical Council.

(4) Where a person who is provisionallyregistered as a medical practitioner appliesto the Medical Council for a direction underthis subsection and satisfies such Councilthat, by reason of lasting physical disability,he will be or has-been prevented fromentering upon or completing the period ofexperience of the practice of surgery ormidwifery required for the pruposes of anyof the preceding provisions of this section,


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When maymedicalpractitioner'sname beerased fromregister.

such Council may direct that, in lieu of theperiod which as aforesaid he will be or hasbeen prevented from entering upon or inlieu of the balance of the period which asaforesaid he will be or has been preventedfrom completing, he may count for thosepurposes an equal period of experience ofthe practice of medicine during hisemployment as mentioned in subsection (1)which is in addition to the period ofexperience of the practice of medicinerequired for the purposes of paragraph (b)of subsection (1).

(5) Where a person who is provisionallyregistered as a medical practitioner is, inaccordance with the terms of hisemployment in a prescribed hospital orinstitution, residing conveniently near thathospital or institution, his employment inthat hospital or institution shall be deemedto be employment in a resident medicalcapacity notwithstanding that his residenceis not in that hospital or institution.

33. The name of a medical practitionermay be erased from the register if, whetherbefore or after the commencement of thisOrdinance—

(a) his name is erased from the registerkept under the Medical Acts byreason of his conviction for anoffence or of his having been guiltyof infamous conduct in anyprofessional respect; or

(b) he is deprived of any diploma, degree,or certificate on the faith of whichhe was registered as a medicalpractitioner, or by virtue of whichhe became qualified to be registeredunder the Medical Acts ; or

(c) he is convicted of an offence whichshows him to be unfit to practise asa medical practitioner; or ,

(d) he is convicted under section 49 (c),(d), or (e) of the Births and DeathsRegistration Ordinance* or undersection 68 (1) (c), (d), or (e) of theBirths and Deaths Registration Act,or, while acting as a registrar underthat Ordinance or as a registrar or

deputy registrar under that Act, ofdishonestly registering or aiding orabetting the registration of a falsecause of death ; or

(e) he is guilty of infamous conduct inany professional respect.

34. In any written law, whether passedor made before or after the commencementof ' this Ordinance, the words "legallyqualified medical practitioner" or "dulyqualified medical practitioner" or" registered medical practitioner" or anywords importing a person recognized by lawas a practitioner in medicine or surgery shallbe construed as meaning a medicalpractitioner registered under this Ordinance.

35. Every medical practitioner shall beentitled to practise medicine and surgery inSri Lanka, and to demand and recoverreasonable charges for medical or surgicalaid rendered by such person, and the costsof medicines and surgical appliancessupplied by him in the course of hispractice.

36. No person, other than a medicalpractitioner, shall be entitled to recover anycharge in any court of law for any medicalor surgical advice, attendance, or for theperformance of any operation as a medicalpractitioner, or for any medicine which heshall have prescribed and supplied.

37. No certificate signed after the 1stday of April, 1906, and required by anywritten law to be signed by a physician,surgeon, or any other medical or surgicalpractitioner, shall be valid unless the personsigning it is a medical practitioner.

38. No person, not being a medicalpractitioner, shall—

(a) take or use any name, title, oraddition implying a qualification topractise medicine or surgery bymodern scientific methods, orimplying or tending to the beliefthat he is a medical practitionerregistered under this Ordinance, orby any act or omission intentionallycause or permit any person to

Meaning of" legallyqualifiedmedicalpractitioner ",&c.

Registeredmedicalpractitionersentitled topractisemedicine andsurgery.

Right torecover chargesfor medicalor surgicaladvice, &c.

Medicalcertificates.

Restrictionson practice byunregisteredpersons.

* Repeated by Act No. 17 of 1951.

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Rights ofpersonsprovisionallyregisteredas medicalpractitioners.

Saving forGovernmentapothecaries,estateapothecariesand estatedispensers,

believe that he is a registeredmedical practitioner, and to actupon such belief; or

(b) except as mentioned in section 41,practise for gain, or profess topractise, or publish his name aspractising medicine or surgery.

39. Every person provisionallyregistered as a medical practitioner undersubsection (2) of section 29 shall have theright—

(a) to practise medicine, surgery andmidwifery for the purposes only ofsuch employment as is mentioned insubsection (1) of section 32,

(b) to recover in a court of law suchremuneration or charges as he maybe entitled to under the terms ofsuch employment,

(c) to sign and issue any such certificateas is referred to in section 37 inrespect of any patient treated byhim in the course of suchemployment, and

(d) to use any name or title implying aqualification to practise medicine,surgery and midwifery,

but shall not be entitled to any of the'otherrights, privileges or immunities of a medicalpractitioner registered under subsection (1)of section 29.

*41. (1) Nothing in this Ordinance shallmake it unlawful for any of the followingpersons to practise medicine and surgery forgain or prevent him from recovering hischarges for services rendered or medicine orgoods supplied by him in the course of hispractice, namely—

(a) any Government apothecary actuallyemployed in the public service as anapothecary and for the time beingin charge of a dispensary orhospital;

(b) any Government apothecary who,having, before the 1st day of April,1906, qualified to enter Government

service as an apothecary, has,whether before or after thecommencement of this Ordinance,retired from the Governmentservice;

(c) any Government apothecary who is [§4,16 ofregistered under subsection (2) of 1965.]this section as being entitled topractise medicine and surgery, andwhose name is for the time being inthe register maintained under thatsubsection;

(cc) any estate apothecary or apothecary [§3,10 ofwho is registered under subsection 1979.](2A) of this section as being entitledto practise medicine and surgeryand whose name is for the timebeing in the register mentionedunder that subsection;

(ccc) any Government apothecary who is [§3, 10 ofregistered under subsection (2B) of 1979.]this section as being entitled topractise medicine and surgery andwhose name is for the time being inthe register maintained under thatsubsection;

(d) any estate apothecary or estate [§4,16 ofdispenser appointed by a 1979.]superintendent to an estate orgroup of estates with the approvalof the Director of Health Services,but only during the time he isactually so employed, provided thatthe practice of such estateapothecary or estate dispenser shallbe limited to the estate or group ofestates to which he is so appointed.

(2) Any Government apothecary, whether [§3,l0 ofhe is in the service of the Government or has 1979.]ceased to be in such service, may, onproduction of a certificate from the Directorof Health Services to the effect that he—

(a) has or had been employed as anapothecary in the public service foran aggregate period of at leastfifteen years; and

(b) has or had within such period, servedin one or more hospitals under oneor more medical practitioners foran aggregate period of at least twoyears; and

*Section 40 is repealed by Act No. 31 of 1961.

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[§ 3, 10 of1979.]

(c) has or had performed his duties as anapothecary efficiently andsatisfactorily,

be registered by the registrar, on payment ofthe prescribed fee, as being entitled topractise medicine and surgery.

The registrar shall maintain a register ofthe persons registered under this subsectionand erase therefrom the name of any personordered to be erased by the Medical Councilunder subsection (3) of this section.

A certificate under this subsection may beissued to a Government apothecary who hasbeen guilty of misconduct if the Director ofHealth Services is satisfied that suchapothecary has, since such misconduct, beenof good conduct for such period of time asthe Director considers reasonable.

For the purposes of this subsection andsubsection (2A) " public service " includesservice under a corporation, the capital ofwhich is wholly or partly provided by theGovernment.

(2A) (a) Any estate apothecary orapothecary may, on furnishing proof to thesatisfaction of .the Director of HealthServices that—

(i) (a) he, being an estate apothecary,has had an aggregate period of atleast fifteen years of efficient andsatisfactory service as an estateapothecary; or

(b) he, being an apothecary, has hadan aggregate period of at leastfifteen years of efficient andsatisfactory service as anapothecary on an estate or on anestate and in the public service ; and

(ii) has, within that period, served in oneor more hospitals under one ormore medical practitioners for anaggregate period of at least twoyears,

be registered by the registrar on payment ofthe prescribed fee, as being entitled topractise medicine and surgery.

(b) The registrar shall maintain a register [§ 4, 16 ofof the persons registered under this 1979.]subsection and erase therefrom the name ofany person ordered to be erased by theMedical Council under subsection (3) of thissection.

(2B) (a) Any Government apothecary [§ 3,10 ofwhether he is in the service of the 1979.]Government or has ceased to be in suchservice may, on production of a certificatefrom the Director of Health Services to theeffect that he—

(i) has had an aggregate period of eightyears of efficient and satisfactoryservice as a Governmentapothecary;

(ii) has, within that period, served in oneor more district or provincialhospitals under one or moremedical practitioners for anaggregate period of at least threeyears; and

(iii) holds a diploma conferred by theCollege Council,

be registered by the registrar on payment ofthe prescribed fee, as being entitled topractise medicine and surgery.

(b) The registrar shall maintain a registerof persons registered under this subsectionand erase therefrom the name of any personordered to be erased by the Medical Councilunder subsection (3).

(3) Provided that where it is shown to the [§ 3, 10 ofsatisfaction of the Medical Council that any 1979]person being an apothecary entitled topractise medicine and surgery undersubsection (1) (b) or under subsection (1) (c)or under subsection (1) (cc) or undersubsection (1) (ccc) or an estate apothecaryentitled to practise medicine and surgeryunder subsection (1) (cc) has been guilty ofinefficiency or negligence in the treatment ofa patient or has been guilty of conductwhich shows him to be unfit to practisemedicine and surgery, the Medical Councilmay make an order that such person besuspended from the privileges andimmunities conferred on him by this section,either permanently or during the period

VI/47


Womenmedicalmissionaries.

Qualificationsforregistrationas dentist.

[§ 5, 16 of1965.]

specified in the order, and, where necessary,an order that the name of any person beerased from the register of apothecariesmaintained as the case may be, undersubsection (2) or subsection (2A) orsubsection (2B).

(4) Every order under subsection (3) shallbe published in the Gazette.

42. The Medical Council, on beingsatisfied that any lady belonging or attachedto any missionary or other body or societypossesses the requisite knowledge and skillfor the medical treatment of women andchildren, may grant permission to suchperson to practise medicine and midwiferyas a woman medical missionary as regardsthe treatment of women and children, butnot otherwise. Such permission shall notauthorize the person to whom it is grantedto practise medicine for gain or elsewherethan at the place or places named therein.

PART VI

DENTISTS

43. (1) No person shall be registered asa dentist unless he is of good character andeither—

(a) is registered or qualified to beregistered under the Dentists Acts ;or

(b) holds a degree or diploma in dentistryconferred or granted by theUniversity of Ceylon.*

(1A) Notwithstanding the provisions ofsubsection (1), a person who is not qualifiedto be registered as a dentist under thatsubsection may, if he—

(a) is a citizen of Sri Lanka according tothe law for the time being in forcerelating to citizenship, and

(b) holds a degree in Dentistry orStomatology or an equivalentqualification of any university or

medical school of any country otherthan Sri Lanka, which is recognizedby the Medical Council for thepurposes of this subsection, and

(c) has passed a special examinationprescribed in that behalf by theMedical Council,

be registered as a dentist:

Provided, however, that where theMedical Council is satisfied that thequalification on the faith of which a personapplies for registration is of a sufficientlyhigh standard and such qualification hasbeen obtained in a country which recognizesthe degree of dental surgery of theUniversity of Ceylon*, the Council mayexempt such person from the requirement ofpassing the special examination referred toin paragraph (c).

(2) The fee for registration of a dentistshall be fifty rupees payable on applicationto the registrar.

(3) Notwithstanding anything in thisOrdinance, the following provisions shallhave effect, that is to say:—

(a) Every person who, immediately priorto the 6th day of June, 1949, held adiploma as a licentiate in dentalsurgery or a diploma of efficiency indentistry issued by the CollegeCouncil and was registered as adentist, shall be deemed for all thepurposes of this Ordinance to be adentist possessing the qualificationsindicated in this section.

(b) Every person who, immediately priorto the date aforesaid, was qualifiedto be registered as a dentist byreason of his holding any diploma,certificate or degree referred to inparagraph (c) of subsection (1) ofthis section and was so registered,shall, for all the purposes of thisOrdinance, but subject to theprovisions of paragraph (e) of thissubsection, be deemed to be adentist.

Savings forpastregistrationsand forregistrationuponcompletion ofapprenticeship,&c.

* See footnote to section 3. Repealed by section 3 of Act No. 27 of 1949.

VI/48


(c) The regulations relating to theregistration of dentists published inGezette No. 8,089 of 9th November,1934, shall continue in force for thepurpose, but only for the purpose,of enabling certificates referred toin regulation 1 of those regulationsto be issued in accordance therewithto persons who, prior to the 6th dayof June, 1949, commenced work asassistants in all branches to a dentalsurgeon or surgeon dentist; and theaforesaid regulations shall socontinue in force subject to themodification that, notwithstandinganything in the proviso toparagraph (c) of regulation 2thereof, the certificate referred to inthat paragraph may be entertainedif the dental surgeon or surgeondentist, to whom the personmentioned in the certificate is anassistant, sends to the registrar

within one month of the 6th day ofJune, 1949, a notice specifying thedate on which such personcommenced work as such assistant.

Every person to whom acertificate is issued under regulation1 of those regulations (as socontinued in force) may - beregistered as a dentist, and if soregistered shall, for all the purposesof this Ordinance, but subject to theprovisions of paragraph (e) of thissubsection, be deemed to be adentist.

(d) Any person who satisfies the registrarthat he had, during the period offive years preceding the 6th day ofJune, 1949, continuously carried onthe trade of a dental mechanic andmakes application to the registrarbefore such date* as may beprescribed by the Minister forregistration as a dentist may, if hepasses an examination conductedby a board of examiners consistingof a dental surgeon who is a teacherof the Ceylon University and whois selected by the Dean of the

Faculty of Medicine of thatUniversity, a surgeon of the GeneralHospital, Colombo, nominated bythe Minister, and the officer incharge of the Dental Institute,Colombo, be granted by the boarda certificate that he holds therequisite knowledge and skill forpractice as a dentist; and where thecertificate is so granted to anyperson, that person may beregistered as a dentist, and if soregistered shall, for all the purposesof this Ordinance, but subject to theprovisions of paragraph (e) of thissubsection, be deemed to be adentist.

(e) No person who, as provided inparagraphs (b), (c) or (d) of thissubsection, is deemed to be adentist, shall assume or use the titleof Dental Surgeon or SurgeonDentist.

(f) Every person who contravenes theprovisions of paragraph (e) of thissubsection, shall be guilty of anoffence against this Ordinance.

44. All dentists of the Army, Navy, or Dentists of theAir Force of the United Kingdom serving in United

Sri Lanka on full pay shall be deemed to be Kingdom

duly registered as dentists. Army, Navy or

45. The name of a dentist may be erased When may from the register if, whether before or after denist's name

the commencement of this Ordinance— be erased from

(a) his name is erased from the registerkept under the Dentists Acts byreason of his conviction for anoffence or of his having been guiltyof infamous or disgraceful conductin a professional respect; or

(b) he is deprived of any diploma, degree,or certificate, on the faith of whichhe was registered as a dentist or byvirtue of which he became qualifiedto be registered under the DentistsActs; or

* 31st December, 1953.—Gazette No. See footnote to section 3

10,418 of 27th June, 1952.

VI/49

SLIIT SLIIT

Cap. 113

SLIIT SLIIT

Air Force deemed to be registered

SLIIT SLIIT

SLIIT SLIIT

dentists.

SLIIT SLIIT

SLIIT SLIIT

register.


Meaning of" legallyqualifieddentist", &c.

Registereddentistsentitled topractisedentistry anddental surgery.

Right torecover chargesfor dentaloperation, &c.

(c) he is convicted of an offence whichshows him to be unfit to practise asa dentist; or

(d) he is guilty of infamous conduct inany professional respect.

46. In any written law, whether passedor made before or after the commencementof this Ordinance, the words " legallyqualified dentist" or " duly qualifieddentist" or " registered dentist" or anywords importing a person recognized by lawas a dentist shall be construed as meaning adentist registered under this Ordinance.

47. Every dentist shall be entitled topractise dentistry and dental surgery in SriLanka, and to demand and recoverreasonable charges for services rendered byhim as such dentist, and the costs ofmedicines and surgical appliances suppliedby him.

48. No person, other than a dentist or amedical practitioner, shall be entitled torecover any charge in any court of law forany dental operation, service, work, orattendance, or for any medicine for dentaltreatment which he shall have prescribedand supplied.

(1) No person, not being a dentist,49.shall-

(a) take or use the name or title of dentistor dental surgeon or surgeon dentistor any other name, words, title, ordescription, either alone or inconjunction with any other word orwords, implying or tending to thebelief that he is entitled to practisedentistry or dental surgery; or

(b) practise, or hold himself out whetherdirectly or by implication aspractising or as being prepared topractise dentistry.

(2) For the purposes of this Ordinance,the practice of dentistry shall be deemed toinclude the performance of any suchoperation and the giving of any suchtreatment, advice or attendance as is usuallyperformed or given by dentists, and any

Restrictions onpractice byunregisteredpersons.

person who performs any operation or givesany treatment, advice or attendance on or toany person as preparatory to or for thepurpose of or in connexion with the fitting,insertion, or fixing of artificial teeth shall bedeemed to have practised dentistry withinthe meaning of this Ordinance.

(3) Nothing in this section shall operateto prevent—

(a) the practice of dentistry by a medicalpractitioner; or

(b) the extraction of a tooth by an [§6,16 ofapothecary where the case is urgent 1965.]and no medical practitioner ordentist is available and theoperation is performed without theapplication of any general or localanaesthetic; or

(c) the performance by a qualified dentalnurse in the employment of theGovernment of Sri Lanka of minordental work in any public dentalservice under the supervision of adentist or a medical practitioner.

(4) A dentist shall not assume or use thetitle of doctor unless he is also a medicalpractitioner and shall not assume or use thetitles of dental surgeon or surgeon dentistunless he possesses the qualificationsindicated in section 43 (1):

Provided that any dentist who holds adegree entitling him to use the title" Doctor " in the country where the degreewas granted, and who used such title inCeylon on or before the 1st day of January,1916, may continue to use such title.

50. (1) Any person who at thecommencement of this Ordinance holds aspecial licence issued under section 20 of theDentists Registration Ordinance, No. 3 of1915,* shall be entitled to practise dentistryand dental surgery in the same manner as adentist, and shall (with the necessarymodifications) have the same rights andimmunities and be subject to the sameliabilities and penalties as a dentist:

Personsholding speciallicence issuedunder theDentistsRegistrationOrdinance,No. 3 of 1915.*

*Repealed by Ordinance No. 26 of 1927.

VI/50


Provided that no such person shall useany other title or designation than that of" Licensed Dentist".

(2) Any such licence may be revoked bythe Medical Council on any ground forwhich the name of a dentist can be erasedfrom the register of dentists.

(3) The registrar shall, as soon as may beafter the first day of January in each year,cause a list of all persons holding suchlicences on such first day of January to bepublished in the Gazette.

(c) she is convicted of an offence whichshows her to be unfit to practise asa midwife; or

(d) she shows such negligence orincapacity as a midwife that shecannot be safely allowed tocontinue to practise as such.

53. (1) Every midwife shall be entitled Use of titleto designate herself as a registered midwife " registered

, , ,. . , .,- and to practise as a midwife. midwife".

Qualificationsforregistrationas midwife.

When maymidwife'sname beerased fromregister.

PART VII

MIDWIVES

51. (1) No person shall be registered asa midwife unless she is a woman of goodcharacter and either—

(a) is certified or qualified to be certifiedunder the Midwives Acts; or

(b) holds a certificate of efficiency as amidwife issued by the CollegeCouncil; or

(c) holds a certificate of efficiency inmidwifery issued by the Director ofHealth Services; or

(d) otherwise satisfies the MedicalCouncil that she possesses sufficientknowledge and skill for efficientpractice as a midwife.

(2) The fee for registration as a midwifeshall be five rupees payable to the registraron application.

52. The name of a midwife may beerased from the register if—

(a) her name is removed from the roll ofmidwives kept under the MidwivesActs for disobedience to any rulesand regulations or for othermisconduct; or

(b) she is deprived of any diploma,degree, or certificate, on the faith ofwhich she was registered as amidwife: or

(2) No person, not being a midwife, shalltake or use the name or title of registered orlicensed midwife, or any name, words, title,or description implying or tending to thebelief that she is a midwife registered underthis Ordinance or by any act or omissionintentionally cause or permit any person tobelieve that she is a registered midwife andto act upon such belief.

54. (1) No woman, not being a midwifeor a medical practitioner, shall—

(a) practise for gain or profess topractise, or publish her name aspractising midwifery;

(b) attend any woman in child-birthotherwise than under the directionof a medical practitioner or in caseof emergency; or

(c) be entitled to recover any charge inany court of law for servicesrendered by her as a midwife.

(2) This section applies only to an area towhich it is applied by regulation.

(3) A regulation under this section shallnot come into operation until the datespecified in the regulation, such date beingnot less than three months from the date ofpublication of the regulation in the Gazette.

55. Regulations may be made regulatingand restricting the practice of midwifery bymidwives, whether registered under thisOrdinance or not, and providing for theirproper supervision.

Restriction onpractice ofmidwifery byunauthorizedpersons.

Regulation ofthe practice ofmidwifery bymidwives.

VI/51

Cap. 113] MEDICAL PRACTITIONERS. &c.

PART VIII

PHARMACISTS

Qualifications 56. (1) No person shall be registered asfor registration pharmacist, unless he is of good character

[§ 7, 16 of1965.]

[§ 7, 16 of1965.]

[§ 7, 16 of1965.]

When maypharmacist'sname be erasedfrom register.

as pharmacist. and either—

(a) is registered or qualified to beregistered under the Pharmacy Actsas a pharmaceutical chemist, or as achemist and druggist; or

(b) serves an apprenticeship for two yearsin accordance with the provisionscontained in the Sixth Schedule andthereafter obtains a certificate ofefficiency as a pharmacist issued bythe College Council; or

(c) is an apothecary; or

(d) is an estate apothecary.

(2) The fee for registration as apharmacist shall be payable to the registraron application for registration, and shall betwenty-five rupees for registration undersubsection (1) (a) or (b) and ten rupees forregistration under subsection (1) (c) or (J).But no fee shall be payable by anapothecary if he is still in the service of theGovernment.

(3) No medical practitioner shall beregistered as a pharmacist.

(4) If any pharmacist is registered as amedical practitioner, his name shallforthwith be removed from the register ofpharmacists.

57. The name of a pharmacist may beerased from the register if—

(a) his name is erased from the register ofpharmaceutical chemists andchemists and druggists kept underthe Pharmacy Acts by reason of hisconviction for an offence ; or

(b) he is deprived of any diploma, degree,or certificate, on the faith of whichhe was registered as a pharmacist;or

Unlawfulpretence to bea pharmacist.

(c) he is convicted of an offence whichshows him to be unfit to practise asa pharmacist; or

(d) he shows such negligence orincapacity as a pharmacist that hecannot be safely allowed tocontinue to practise as such.

58. (I) No person, not being apharmacist, shall assume or use any name,title, addition, or sign implying that he is apharmacist, or chemist and druggist, ordruggist, or dispensing chemist, or isentitled to act as a pharmacist or to dispensedrugs or poisons.

(2) No person, not being registered as apharmaceutical chemist under the PharmacyActs and as a pharmacist under thisOrdinance, shall use the title ofpharmaceutical chemist or pharmaceutist.

(3) Provided that a person who employsa pharmacist personally to superintend andmanage the sale and dispensing of poisonsmay, having previously informed theregistrar in writing of the name of suchpharmacist, assume and use, for thepurposes of his business, any title, addition,or sign which might lawfully be used bysuch pharmacist,

59. No person, not being a pharmacist,shall practise for gain or profess to practiseor publish his name as practising pharmacy.

60. Every pharmacist or person entitledto use the title of pharmacist who keepsopen shop for the sale or dispensing ofpoisons shall exhibit and keep exhibited in aconspicuous position therein a legible noticein Sinhala, Tamil and English, stating hisname and qualification, and the name andqualification of every pharmacist employedtherein.

PART IX

NURSES

61. (1) There shall, for the purposes of Advisorythis Part, be an advisory board consisting board-of—

Restriction onpractice ofpharmacy byunqualifiedpersons.

Name andqualification ofpharmacist tobe exhibited inshop.

VI/52


(a) six persons elected in the prescribedmanner by the Ceylon NursesAssociation;

(b) two medical practitioners appointedby the Minister;

(c) two persons, not being medicalpractitioners or registered nurses,appointed by the Minister; and

(d) one member of the teachingprofession appointed by theMinister in charge of the subject ofHigher Education.

(2) The Minister shall nominate one ofthe persons appointed by him undersubsection (I) to be the chairman of theadvisory board.

(3) It shall be the function of the advisoryboard to make recommendations to theCeylon Medical Council or the CollegeCouncil on such matters relating to theadministration of this Part of thisOrdinance as may from time to time bereferred to the board for advice or as may,in the opinion of the board, requireconsideration by any such Council; and theCeylon Medical Council or the CollegeCouncil shall give due consideration to therecommendations of the board.

(4) Regulations may be made providingfor the procedure to be followed at meetingsof the advisory board. Subject to theprovisions of any such regulation, the boardmay regulate its own procedure.

(a) Part A shall contain the names of allpersons of the female sex whosatisfy the conditions of admissionto the register as general nurses.

(b) Part B shall contain the names of allpersons of the male sex who satisfythe conditions of admission to theregister as general nurses.

(c) Part C shall contain the names of allpersons who satisfy the conditionsof admission to the register aspublic health nurses.

(d) Part D shall contain the names of allpersons who satisfy the prescribedconditions of admission to theregister as assistant nurses.

(e) Part E shall contain the names of allpersons who comply with theconditions specified in subsection(3) of section 63.

(f) Part F shall contain the names of allpersons who, having qualified asnurses outside Sri Lanka, satisfy theCeylon Medical Council that theypossess sufficient knowledge andskill to enable them to carry onefficiently the practice of nursing.

(2) Regulations may be made providingfor the maintenance of additional parts inthe register of nurses, and prescribing theconditions of admission to any suchadditional part.

(3) The name of any person entitled to beregistered in more than one part of theregister may be registered accordingly.

Register ofnurses to bein separateparts.

(5) Every member of the advisory boardshall, unless he earlier vacates his office byresignation or revocation of appointment,hold office for a period of two years fromthe date of the election or appointment ofsuch member.

62. (1) The register of nursesmaintained under subsection (1) of section20 shall be divided into separate parts asfollows:—

63. (1) The conditions of admission to Conditions ofthe register as a general nurse shall be that admission to

,. the applicant— register.

(a) holds a certificate of efficiency as anurse issued by the College Councilor by the Director of HealthServices; or

(b) is certified or qualified to be certifiedunder the Nurses Act, 1919, of the (9 &10Geo.v,Parliament of the United Kingdom. c. 94.)

VI/53


Erasure ofnames fromregister ofnurses.

(9&I0Geo. v, c. 94.)

(2) The conditions of admission to theregister as a public health nurse shall be thatthe applicant is a female and holds thefollowing certificates, that is to say—

(a) a certificate of efficiency as a nurseissued by the College Council or theDirector of Health Services;

(b) a certificate of efficiency as a midwifeissued by the College Council or theDirector of Health Services ; and

(c) a certificate issued by the Director ofHealth Services to the effect thatshe has had the prescribed trainingin public health and passed thePublic Health Nursing Examination.

(3) The conditions of admission to Part Eof the register shall be—

(a) that the application for registration inPart E is made before the 30th dayof September, 1949 ; and

(b) that the Ceylon Medical Council issatisfied, upon production of twocertificates in that behalf, that theapplicant was actually engaged inthe practice of nursing for at leastone year during the period of threeyears ending on the date ofapplication.

(4) Notwithstanding anything in thepreceding provisions of this section, noapplicant shall be registered under thisOrdinance as a nurse except upon paymentto the registrar of a fee of ten rupees:

Provided, however, that in the case of aperson who is to be registered (whether atthe same time or at different times) in morethan one part of the register, the fee forregistration in any second or subsequentpart shall be five rupees.

64. The name of any person registeredunder this Ordinance as a nurse may beerased from the register of nurses—

(a) if the name of that person is removedfrom the Roll of Nurses kept underthe Nurses Act, 1919. of the

a Unlawfulpretence to bea nurse, &c.

Parliament of the United Kingdom,for disobedience to any rules orregulations or for othermisconduct; or

(b) if that person is deprived of anydiploma, degree, or certificate onthe faith of which that person wasregistered as a nurse ; or

(c) if that person is convicted of anoffence which is punishable withimprisonment and which shows thatperson to be unfit to practise as anurse; or

(d) if that person is of a character or hasbeen guilty of conduct unbefittingthe profession of a nurse; or

(e) if, by reason of negligence orincapacity as a nurse, that personcannot be safely allowed tocontinue to practise as such.

65. (1) No person, not beingregistered nurse, shall—

(a) use the title of " registered nurse " orits equivalent in any other language,either alone or in combination withany other word or letters; or

(b) use any name, title, addition,description, uniform or badgeimplying that that person isregistered under this Ordinance as anurse; or

(c) use any title, uniform or badgeprescribed for the use of nurses soregistered.

(2) No person whose name is included inany part of the register of nurses shall useany name, title, addition, description,uniform or badge, or otherwise do any actof any kind, implying that the name of suchperson is also included in some other part ofthat register in which it is not in fact soincluded.

(3) No person shall, with intent todeceive, make use of any certificate ofregistration as a nurse which has been issuedto any other person.

Vl/54


Restriction on 66. No person, not being a registeredpractice of nurse, shall—nursing byunregistered persons. (a) practise or profess to practise nursing

for gain, or publish his or her nameas practising nursing; or

(b) be entitled to recover any charge inany court for services rendered as anurse.

Regulation of 67. Regulations may be made restrictingthe practice of and regulating the practice of nursing bynursing. nurses and providing for their proper

supervision.

PART X

SUPPLEMENTARY

67A. Notwithstanding anything in anyother provision of this Ordinance, anyperson who is resident in Sri Lankatemporarily and who is not qualified to beregistered under the preceding provisions ofthis Ordinance as a medical practitioner,dentist or nurse may in writing apply to theMedical Council to be registered as amedical practitioner, dentist or nurse for theperiod of his temporary residence in SriLanka, if he—

Registration asmedicalpractitioners,dentists ornurses ofcertain personsnot qualifiedunder theprecedingprovisions ofthis Ordinance.[§ 3, 37 of1961.3

(a) is possessed of sufficient knowledgeand skill for efficient practice as amedical practitioner, dentist ornurse, and

(b) is in Sri Lanka on the invitation ofthe Government or the Universityof Ceylon* for the purpose ofpractising as a medical practitioner,dentist or nurse,

and the Medical Council shall allow theapplication if it is satisfied that the applicantis qualified to make the application underthe preceding provisions of this section.

68. Every person who contravenes thisOrdinance or any regulation shall be guiltyof an offence against this Ordinance andshall, unless otherwise expressly provided,be liable on summary conviction by aMagistrate for each offence to a fine notexceeding two hundred rupees.

Generalpenalty.

69. Every person who attempts to Abetmentcommit or abets the commission of an and attempts.offence against this Ordinance shall himselfbe guilty of the same offence.

70. All fees imposed by this Ordinance Fees.may from time to time be increased ordecreased by regulations.

71. Regulations may be made from time Variation ofto time altering or adding to any of the Schedules.Schedules.

72. (1) Subject to the provisions of the Regulations.following subsections, the Minister maymake regulations for the purposes specifiedin sections 11, 19 and 55 and generally forthe purpose of giving effect to the principlesand provisions of this Ordinance.

(2) Before making any regulation for anypurpose specified in section 11 the Ministershall consult the College Council.

(3) Before making any regulation for anypurpose specified in section 19 or section 55,the Minister shall consult the MedicalCouncil.

(4) No regulation shall have effect until ithas been approved by Parliament.Notification of such approval shall bepublished in the Gazette; and upon suchpublication, the regulation to which thenotification relates shall be as valid andeffectual as though it were herein enacted.

73. For the purpose of defraying such Expenses ofexpenses as may be incurred in the exercise Ordinance.

of its powers and in the performance of itsduties under this Ordinance, the MedicalCouncil shall be entitled to receive—

(a) all fees payable under Parts IV, V, VI,VII, VIII, and IX of thisOrdinance;

(b) a sum of one thousand five hundredrupees annually from theConsolidated Fund.

74. In this Ordinance, unless the context Interpretation.otherwise requires—

" apothecary " means a person on whom a [§ 8,16 ofcertificate of efficiency as an I965-]

*See footnote to section 3.

VI/55


[§ 8, 16 of1965.]

apothecary has been conferred bythe College Council under section 7(1)(b);

" counsel" means an attorney-at-lawinstructed by a registered attorney;

" dentist" means a person registered as adentist under this Ordinance;

" Dentists Acts " means the Dentists Act,1878 (41 & 42 Vict. c. 33), of theParliament of the United Kingdom,and any Act amending that Act;

" dispensing " includes compounding ;

" estate apothecary " means a person onwhom a certificate of efficiency asan estate apothecary has beenconferred by the College Councilunder section 7(1) (bb);

" Medical Acts " means the Medical Act(21 & 22 Vict..c. 90) of theParliament of the United Kingdom,and any Act amending that Act;

"medical practitioner" means a personregistered as a medical practitionerunder this Ordinance;

" midwife " means a woman registered asa midwife under this Ordinance ;

" Midwives Acts" means the MidwivesAct, 1902 (2 Edw. 7, c. 17), of theParliament of the United Kingdom,and any Act amending that Act;

" pharmacist" means a person registeredas a pharmacist under thisOrdinance;

" Pharmacy Acts " means the PharmacyAct, 1852 (15 & 16 Vict. c. 56), ofthe Parliament of the UnitedKingdom, and any Act amendingthat Act;

" prescribed " means prescribed byregulation;

" registrar" means the registrar of theCeylon Medical Council;

" register " means a register kept underthe provisions of this Ordinance;

" registered nurse " means a person for thetime being registered under thisOrdinance as a nurse ;

" regulation" means a regulation madeunder this Ordinance.

[Section 20(I).]

FIRST SCHEDULE

FORM OF REGISTER

Name Residence Date ofRegistration

Qualificationswith Dates

[Section 20(6).]

SECOND SCHEDULE

DECLARATIONS FOR REGISTRATION AS A MEDICAL PRACTITIONER

Where Applicant is registered under the Medical Acts.

I, (name and address of applicant), hereby declare as follows:—

1. I was on the (date) and still am registered as a medical practitioner under the Medical Acts as being (statequalification, e.g.. " Fellow of the Royal College of Physicians of . . . . . . . . . . . . . . . .").

2. I am the person named (name) in the Medical Register for the year...... . . . . . . . . at page.............entry No... . . . . . .

VI/56

2. I am the person named (name) in the certified copy now shown to me and marked A of the entry of my namein the register of the General Council of Medical Education and Registration of the United Kingdom of GreatBritain and Northern Ireland (or the Branch Council fo r . . . . . . . . . . . . . . . . ) .

(Signature of Applicant.)

Dated this.. . . . . . . . . . . . . . . day of. . . . . . . . . . . . .

Declared before me this. . . . . . . . . . . . . . . . day of.

(Signature of person taking the declaration.) Justice of the Peace or Commissioner for Oaths.

Where Applicant is qualified to be registered under the Medical Acts.

I, (name and address of applicant), hereby declare as follows :—

1. I am qualified to be registered as a medical practitioner under the Medical Acts by virtue of (stalequalification, e.g.. licentiate of. . . . . . . . . . . . . . . ) to which I was admitted on the (date).

2. I am the person named (name) in the (certificate or diploma or other document conferring or evidencing hisqualification) now produced and shown to me and marked A.


Dated this................ day of................

Declared before me this................ day of. . . . . . . . . . . . . . . .


Where Applicant holds the Diploma of the Ceylon Medical College in Medicine and Surgery.


I am the person named (name) in the Diploma in Medicine and Surgery of the Ceylon Medical College BOWproduced to me and marked A.


Dated this. . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . .

Declared before me th is . . . . . . . . . . . . . . . day of................


Where Applicant holds a Degree of Bachelor of Medicine or equivalent qualification [§ 9, 16 ofrecognized by the Medical Council. 1965.]

[Section 29, (1) (b) (iv) and (2) (b) (iv)].


I am the person named (name) in the (certificate, diploma or other document conferring or evidencing thedegree or other qualification) now produced to me and marked A.


Dated this................ day of. . . . . . . . . . . . . . . .

Declared before me this. . . . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . .


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SLIIT SLIIT

MEDICAL PRACTITIONERS, &C.

SLIIT SLIIT

[Cap. 113


[Section 20 THIRD SCHEDULE(6).]

DECLARATIONS FOR REGISTRATION AS A DENTIST

Where Applicant is registered under the Dentists Acts.

I, (name and address of applicant), hereby declare as follows;—

1. I was on the (date) and still am registered as a dentist under the Dentists Acts as being (stale qualification).

2. I am the person named (name) in the Dentists Register for the year................ atpage................ entry No.. . . . . . .

Or2. I am the person named (name) in the certified copy now shown to me and marked A of the entry of my name

in the Dentists Register.


Dated this..................... ......... day of. .............................

Declared before me this................ day of.... . . . . . . . . . . . .


Where Applicant is qualified to be registered under the Dentists Acts.


1. I am qualified to be registered as a dentist under the Dentists Acts by virtue of (slate qualification, e.g.,diploma of...............).

1. I am the person named (name) in the (certificate or diploma or other document conferring or evidencing hisqualification) now produced to me and marked A.


Dated this.................................... day of...........................................

Declared before me this............................................. day of.................................


Where Applicant holds a Diploma in Dentistry of the Ceylon Medical College.


I am the person named (name) in the Diploma in Dentistry of the Ceylon Medical College now produced to meand marked A.


Dated this.................................... day of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declared before me this.............................. day of...............................


Where Applicant holds a Foreign or Colonial Qualification in Dentistry.


1. On the (date) I became and still am entitled to practise in dentistry in (country) by virtue of (statequalification, e.g., diploma of........................).

2. I am the person named (name) in the (diploma of...........................................) now produced to me and marked A.


Dated this... . . . . . . . . . . . . . . . , day of..................

Declared before me this................ day of.... . . . . . . . . . . . .

(Signature of person taking the declaration.) Justice of the Peace or Commissioner for Oaths-

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Where Applicant holds a degree or other equivalent qualification [§10i 16 ofrecognized by the Medical Council. 1965.]

[Section 43 (1A)]


I am the person named (name) in the (certificate or diploma or other document conferring or evidencing hisqualification) now produced before me and marked A.


Dated this. ................ day of....... .........

Declared before me this.. . . . . . . . . . . . . . . day of................

(Signature of person faking the declaration.) Justice of the Peace or Commissioner for Oaths.

FOURTH SCHEDULE [Section 20OECLARATIONS FOR REGISTRATION AS A MIDWIFE (6).]

Where Applicant is certified under the Midwives Acts.


1. I was on the (date) and still am a woman certified under the Midwives Acts.

2. I am the person named (name) in the Roll of Midwives for the year.. . . . . . . . . . . . . . at page...............entry No........

Or

2. I am the person named (name) in the certificate of the Central Midwives Board now produced to me andmarked A.


Dated this................ day of.................

Declared before me this. . . . . . . . . . . . . .. day of................

(Signature of person taking the declaration.). Justice of the Peace or Commissioner for Oaths.

Where Applicant is qualified to be certified under the Midwives Acts.


1. I am a woman qualified to be certified under the Midwives Acts by virtue of (state qualification, e.g.,diploma of. .............).

2. I am the person named (name) in the (certificate or diploma or other document conferring or evidencing herqualification) now produced to me and marked A.


Dated this................ day of.. . . . . . . . . . . . . . .

Declared before me this................ day of................


VI/59

SLIIT SLIIT

MEDICAL PRACTITIONERS, &c

SLIIT SLIIT

[Cap. 113


Where Applicant holds Certificate as a Midwife issued by the College Council.

I, (name and address of applicant}, hereby declare as follows :—

I am the person named (name) in the Certificate of Efficiency as a Midwife issued by the College Council nowproduced to me and marked A.


Dated this................ day of................

Declared before me this................ day of.................


Where Applicant holds Certificate in Midwifery issued by the Director of Health Services.


I am the person named (name) in the certificate in Midwifery of the Director of Health Services now producedto me and marked A.


Dated this................day of............

Declared before me this........ . . . . . . . . . .day of. . . . . . . . . . .


Where Applicant possesses no Qualification.


I. I have practised as a midwife at (name of place) for the period of. . . . . . . . . . . . . years now last past.

2- I am well known to (names and addresses of referees) who are prepared to testify to my knowledge and skillas a midwife.


Dated this................day of............

Declared before me this. . . . . . . . . . . . . . . . . .day of...........


And

I, (name and address), hereby declare as follows :—

1. I am (stale occupation).

2. I know and have been well acquainted with (name of applicant) for the past. . . . . . . . . . . . . . years.

3. During that period, the said (name of applicant) has to my own personal knowledge regularly practised as amidwife at (name of place). I have never heard any complaint of want of skill or negligence by the said (name ofapplicant). She is to the best of my knowledge and belief a skilful midwife.

(Signature of Declarant,)

Dated this................day of............


VI/60

SLIIT SLIIT

Declared before me this........................day of.................


FIFTH SCHEDULE

DECLARATIONS FOR REGISTRATION AS A PHARMACIST

Where Applicant is registered under'the Pharmacy Acts.


1. I was on the {date) and still am registered under the Pharmacy Acts as a (state whether pharmaceuticalchemist or chemist and druggist) by reason of the following qualification, namely:—

2. I am the person named (name) in the Register of Pharmaceutical Chemists and Chemists and Druggists forthe yea r . . . . . . . . . . . . . . at page . . . . . . . . . . . . . entry No. . . . . . . . . . . . . . .

Or

2. I am the person named (name) in the certificate now produced to me and marked A of the entry of my namein the Register of Pharmaceutical Chemists and Chemists and Druggists.


Dated this................day of............

Declared before me this..................day of. ..........

(Signature of person taking the declaration.) Justice of the Peace or Commissioner for Oaths,

Where Applicant is qualified to be registered under the Pharmacy Acts.


1 . I am qualified to be registered under the Pharmacy Acts as a (slate whether pharmaceutical chemist orchemist and druggist) by virtue of (stale qualification, e.g., diploma of...............).

2. I am the person named (name) in the (certificate or diploma or other document conferring or evidencing hisqualification) now produced to me and marked A.


Dated this................day of............

Declared before me this..................day of...........


Where Applicant holds a Certificate as a Pharmacist issued by the College Council.


1. 1 am the person named (name) in the Certificate of Efficiency as a Pharmacist issued by the College Councilnow produced to me and marked A.

2. I have during the two years ending on (date) served as an apprentice in pharmacy to (name and address ofmaster).


Dated this................day of............



And

VI/61

[Cap. 113

[Section 20(6).]


I, (name and address of master), hereby declare as follows :—

1. I am a registered pharmacist carrying on business at (name of place).

1. (Name of applicant) has during the two years ending (dale} served me as an apprentice in pharmacy underthe Articles of Apprenticeship dated.............

3. During the said two years, the said (applicant) has diligently and faithfully served me as such apprentice.

(Signature of Declarant.)

Dated this.................day of............



[§ 11, 16 of Where Applicant holds a Certificate as an Apothecary issued by the College Council.1965.]


1. I am and have been since (date) an apothecary, and have since (date) until (dale) practised as an apothecaryat (name of place).

1. I am the person named (name) in the certificate of the Ceylon Medical College now produced and shown tome and marked A.


Dated this................day of............



[§ 11,16 of Where Applicant holds a Certificate as an Estate Apothecary issued by the College Council.1965.]


1. I am and have been since (date) an estate apothecary, and have since (date) until (date) practised as an estateapothecary at (name of place).

2. I am the person named (name) in the certificate of the Ceylon Medical College now produced and shown tome and marked A.


Dated this................day of............

Declared before me this... . . . . . . . . . . . . . . -day of...........


[Section 56 SIXTH SCHEDULE(1) (b).]

APPRENTICESHIP REGULATIONS

1. An apprentice shall produce duly executed articles of apprenticeship to the registrar, who shall endorsethereon the date on which they were so produced. No service under any articles shall count until the articles havebeen so produced as aforesaid.

2. (1) An apprentice may complete his period of service under one or more practising pharmacists providedthat, on leaving any master to whom he was bound in articles and becoming bound to another master, he shall inevery case execute fresh articles of apprenticeship and shall exhibit the same to the registrar.

VI/62


(2) The registrar shall satisfy himself as to the date on which the apprentice's service under the former articlesended and shall endorse such date on the new articles and also the date of production of the new articles.

3. The two years' service must be continuous except for not more than 40 days' holiday in any period of 12months:

Provided thai service shall not be considered discontinuous by reason of an interval of not more than onemonth on a change of masters but such interval shall not be counted in reckoning the year's service.

VI/63

chapter 113 - commonlii - commonwealth legal ... 113 medical practitioners, pharmacists, midwives...

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