Uganda Act or statute

Parliament of Uganda

Medical and Dental Practitioners Act

Jurisdiction: Uganda
Structure: 47 provisions
Citation: Chapter 272
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“Provides definitions of terms used in the Act (interpretation of defined words).”

Provides definitions of terms used in the Act (interpretation of defined words). Establishes the Medical and Dental Practitioners Council as a corporate body with perpetual succession and a common seal and grants it the capacity to sue or be sued and to perform acts lawful for bodies corporate, subject to the Act. The council shall perform listed functions including supervision of education and practice, enforcing ethics and discipline, protecting the public, advising Government, exercising powers under law, disseminating ethics, and performing other functions as directed by the Minister. Specifies the council's composition and membership rules: who is appointed, the registrar's role (may participate but cannot vote), members' three-year term and reappointment eligibility, resignation process, Minister's powers to remove, appoint replacements and appoint temporary acting members. Meetings of the council are as provided in the First Schedule; the Minister may, by statutory instrument, amend the First Schedule.

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Interpretation - Interpretation

Provides definitions of terms used in the Act (interpretation of defined words).

Section 1

Financial provisions - Estimates

The council must, within three months before the end of each financial year, cause estimates of income and expenditure for the next financial year to be prepared and submitted to the Minister for approval.

Section 13

Registers and registration of practitioners - Registered person to practise medicine or dentistry

Persons registered or provisionally registered as medical or dental practitioners are permitted to practise their respective professions.

Section 24

Inquiry by the council - Notification of decision to person concerned

The registrar must notify the person concerned in writing of the decision of the council within thirty days after the conclusion of an inquiry.

Section 36

Miscellaneous provisions - Offences and penalties

Persons summoned by the council commit offences if they fail to attend as a witness, produce required books or documents, answer questions, or if they falsely claim medical qualifications, practise without registration, procure registration by fraud, or…

Section 47

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Showing 47 of 47 provisions

Provision 38Amendment 3Offence 3Commencement 2

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

Provides definitions of terms used in the Act (interpretation of defined words).

Section Interpretation Section In this Act, unless the context otherwise requires— " active practice " means the regular management of medical or dental conditions by a medical or dental practitioner in public or private practice ; " chairperson " means the chairperson of the council appointed under section 4 (1)(a); " council " means the Medical and Dental Practitioners Council established under section 2 ; " dentist " means a person who qualifies to practise dentistry under this Act; " drug " means any substance or preparation used or intended to be used for internal or external application to the human body either in treatment of disease or for improving physiological functions; " Gazette " means the Uganda Gazette and includes the Gazette Extraordinary; " health unit " includes a private hospital, clinic, nursing home , maternity centre or other specialised establishment as well as Government units of the same nature; " internship " means the prescribed period of supervised practice from the time a practitioner obtains the first degree to the time of satisfying the supervisor that the practitioner is competent; " minimum continuing education " means the attendance by a medical or dental practitioner of at least one medical or dental seminar, workshop or other training event in a year; " Minister " means the Minister responsible for health; " national " means a citizen of Uganda; " nursing home " means a health unit which is neither denominational nor Governmental, that is large or small, manned by at least a fully registered practitioner for the purpose of treating general or specialised patients as outpatients or inpatients or both; " practitioner " means a person registered under section 21 to practise medicine, surgery or dentistry; " private health unit " means a health unit not established by the central government or a local government; " private practice " means the practice of medicine or dentistry by a registered practitioner either alone or in partnership in a registered premises on his own account or that of the partnership; " provisional registration " means registration made under section 23 ; " public health unit " means a health unit established by the central government or a local council ; " qualification " includes a medical or dental diploma, certificate, degree or other document or written authority granted or awarded by a university, corporation, college or other body acting under the authority of the government of any country; " register " means a register of medical or dental practitioners or specialists or of health units maintained by the registrar under section 19 ; " registrar " means the registrar of the council appointed under section 7 ; " registered dental surgery " means a premises duly registered by the council where private practice is carried out by a registered dentist ; " registered medical clinic " means a premises duly registered by the council where private practice is carried out by a registered medical practitioner ; " specialised establishment " means a premises, including laboratories and radiological units, duly registered by the council where private diagnostic or medical support services, including physiotherapy or other support services, are rendered; " specialist " means a practitioner who has trained full time for not less than three years in an institution or in different institutions under guidance of a consultant or consultants or senior professionals in the relevant field of medical or dental practice and has obtained a post graduate qualification ; " specialist register " means the register of medical or dental specialists; " temporary registration " means registration made under section 17 (4).

Section 1

Part II

Establishment, functions and composition of the council

§ 2Establishment, functions and composition of the council - Establishment of the councilProvision

Establishes the Medical and Dental Practitioners Council as a corporate body with perpetual succession and a common seal and grants it the capacity to sue or be sued and to perform acts lawful for bodies corporate, subject to the Act.

Section Establishment of the council Section There is established a council to be known as the Medical and Dental Practitioners Council which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, subject to this Act, may do or suffer all other things and acts as bodies corporate may lawfully do or suffer. The seal of the council shall be authenticated in the manner provided under the First Schedule.

Section 2

§ 3Establishment, functions and composition of the council - Functions of the councilProvision

The council shall perform listed functions including supervision of education and practice, enforcing ethics and discipline, protecting the public, advising Government, exercising powers under law, disseminating ethics, and performing other functions as directed by the Minister.

Section Functions of the council Section The functions of the council shall be— to monitor and exercise general supervision and control over and maintenance of professional medical and dental educational standards, including continuing education; to promote the maintenance and enforcement of professional medical and dental ethics; to exercise general supervision of medical and dental practice at all levels; to exercise disciplinary control over medical and dental practitioners; to protect society from abuse of medical and dental care and research on human beings; to advise and make recommendations to the Government on matters relating to the medical and dental professions; to exercise any power and perform any duty authorised or required by this Act or any other law; to disseminate to the medical and dental practitioners and the public, ethics relating to doctor-patient rights and obligations; and for the purposes of discharging its functions under this Act, to perform any other function or act relating to medical or dental practice as the Minister may direct.

Section 3

§ 4Establishment, functions and composition of the council - Composition of the councilProvision

Specifies the council's composition and membership rules: who is appointed, the registrar's role (may participate but cannot vote), members' three-year term and reappointment eligibility, resignation process, Minister's powers to remove, appoint replacements and appoint temporary acting members.

Section Composition of the council Section The council shall consist of— persons representing their respective bodies all of whom shall be appointed by the Minister on the recommendation of the respective bodies represented by them as follows— the chairperson , who shall be a senior practitioner appointed by the Minister ; the director general of health services; two representatives of the faculties of medicine of all the universities established by law in Uganda; two representatives of the Uganda Medical Association; one representative of the Uganda Dental Association; one private practitioner representing the Uganda private medical and dental practitioners. The registrar shall be the secretary to the council and as such shall participate in the deliberations of the council but shall have no right to vote. A member of the council shall hold office for a term of three years from the date of appointment and shall be eligible for reappointment. A member of the council may resign his or her office by writing under his or her hand addressed to the chairperson and in the case of the chairperson addressed to the Minister , or may be removed from office by the Minister for inability to perform the functions of his or her office. If the office of a member of the council becomes vacant other than by effluxion of time, the Minister may appoint another person to hold the office, and the person appointed shall cease to hold office on the date on which the person in whose place he or she holds office would have ceased to hold office. Where a member of the council is, for any reasonable cause, temporarily unable to perform the functions of his or her office, the Minister may appoint a suitable person to act as a member of the council in the place of the substantive member for the period of his or her inability.

Section 4

§ 5Establishment, functions and composition of the council - Meetings of the councilAmendment

Meetings of the council are as provided in the First Schedule; the Minister may, by statutory instrument, amend the First Schedule.

Section Meetings of the council Section The meetings of the council shall be as is provided under the First Schedule to this Act, and the Minister may by statutory instrument amend the First Schedule.

Section 5

Part III

Management and staff of the council

§ 10Management and staff of the council - Other staffProvision

The council may employ other officers and employees as necessary, may regulate their appointment and service with the Minister's approval, and public officers may be seconded or assist the council.

Section Other staff Section The council may employ other officers and employees as may be necessary for the proper and efficient discharge of its functions and the functions of the secretariat. The council may with the approval of the Minister regulate the manner of appointment, terms and conditions of service and the discipline of its employees. Public officers may be seconded to the service of the council or may otherwise give assistance to the council .

Section 10

§ 6Management and staff of the council - SecretariatProvision

The council must have a secretariat; the secretariat must perform specified functions including implementing council decisions, recommending and implementing policies, establishing relationships with organisations, and carrying out other functions as directed by the council.

Section Secretariat Section The functions of the secretariat shall be— The council shall have a secretariat to assist it in carrying out its functions. to implement the decisions of the council ; to recommend proposals for the formulation of policies of the council and to implement those policies adopted by the council ; to establish and maintain relationships with national , regional and international organisations, institutions and agencies as may be appropriate for facilitating the implementation of the policies and the carrying out of the functions of the council ; to carry out other functions within the functions of the council as the council may direct.

Section 6

§ 7Management and staff of the council - Registrar of the councilProvision

The registrar of the council is a public officer to be appointed by the Health Service Commission from among registered practitioners.

Section Registrar of the council Section The registrar shall be— The office of registrar shall become vacant— There shall be a registrar of the council who shall be a public officer appointed by the Health Service Commission from among the registered practitioners. the chief executive officer and head of the secretariat; the secretary of the council and its committees. if the registrar resigns his or her office by writing under his or her hand addressed to the Health Service Commission; if, in the opinion of the council , the registrar becomes incapable of performing the duties of his or her office and the council recommends to the Health Service Commission his or her removal from office; or if the registrar is found guilty of misconduct by the council , as a practitioner or in relation to his or her office as registrar .

Section 7

§ 8Management and staff of the council - Functions of the registrarProvision

The registrar must carry out the functions listed (maintain and correct registers; reinstate names; inspect units; custody of seal; record minutes; administer council funds and staff) and submit reports, including an annual report within three months after each financial year.

Section Functions of the registrar Section The functions of the registrar shall be— to remove from the register — to keep and maintain, on behalf of the council , registers of medical and dental practitioners in the forms set out in the Second Schedule; to make necessary alterations and corrections in the registers in relation to any entry as may be directed by the council ; the name of any person ordered to be removed in accordance with this Act; the name of a deceased practitioner ; any entry which might have been incorrectly or fraudulently made in the register ; with the consent of the person concerned, the name of a person who has ceased to practise; to reinstate any name removed from the register at the request of the person concerned and payment of the prescribed fee; on behalf of the council , to inspect and have full access to all medical and dental health units, acting in accordance with the provisions of this Act; to record or cause to be recorded all minutes of meetings of the council and its committees and to keep all records and documents of the council ; to have the custody of the seal of the council ; to carry on any other function that may be conferred on him or her by the council . In addition to the functions under subsection (1), the registrar shall, subject to the general control of the council , be responsible for the funds and property of the council and for the day-to-day administration of the affairs of the council and of the secretariat and for the control of the staff of the council . The chairperson may, from time to time, in writing, require the registrar to submit a report on any matter affecting the affairs of the council , and the registrar shall comply. The registrar shall, within three months after the end of each financial year, submit to the council a general report on the affairs and activities of the council .

Section 8

§ 9Management and staff of the council - Deputy registrarProvision

The council must have a deputy registrar appointed in the same manner as the registrar; the deputy registrar must perform duties assigned by the registrar and deputise for the registrar, performing the registrar's duties in their absence.

Section Deputy registrar Section The council shall have a deputy registrar who shall be appointed in the same manner as the registrar and hold office on similar terms and conditions. The deputy registrar shall perform such duties as may be assigned to him or her by the registrar and shall deputise the registrar in all his or her duties and in the absence of the registrar shall perform the duties of the registrar .

Section 9

Part IV

Financial provisions

§ 11Financial provisions - Funds of the councilProvision

The provision defines sources that make up the council's funds and requires the council to operate a bank account.

Section Funds of the council Section The funds of the council shall consist of— subventions received from the Government or other bodies; grants, gifts and donations received from the Government, organisations or other bodies; fees and other monies payable to the council for services rendered by it; and monies that may become payable to or vested in the council in any manner, or in relation or incidental to the carrying out of its functions. The council shall operate a bank account in a bank it may determine, and the account shall be operated in the manner decided by the council .

Section 11

§ 12Financial provisions - Financial year of councilProvision

The council's financial year for each accounting period is the twelve months ending on the 30th day of June.

Section Financial year of council Section The financial year of the council shall be in respect of each accounting period the twelve months ending on the 30th day of June.

Section 12

§ 13Financial provisions - EstimatesProvision

Section Estimates Section The council shall, within three months before the end of each financial year, cause to be prepared and submitted to the Minister for approval, estimates of income and expenditure of the council for the next ensuing financial year. No expenditure shall be made out of the funds of the council unless the expenditure has been approved by the Minister under subsection (1).

Section 13

§ 14Financial provisions - AccountsProvision

The council must prepare, after each financial year and within three months of its close, a statement of account including a performance report (with a balance sheet and income and expenditure statement) and keep proper books and records.

Section Accounts Section The council shall cause to be prepared in respect of each financial year, not later than three months after the close of the financial year, a statement of account which shall include a report on the performance of the council during the financial year comprising— The council shall keep proper books of account of all its income and expenditure and proper records in relation to them. a balance sheet and a statement of income and expenditure; and any other information in respect of the financial affairs of the council as the Minister responsible for finance may require.

Section 14

§ 15Financial provisions - AuditProvision

The council must submit annual statements to the Auditor General within four months after each financial year; the Auditor General (or appointed auditor) may access records and must audit and deliver audited accounts and a report within two months of receipt.

Section Audit Section The accounts of the council shall, in respect of each financial year, be audited by the Auditor General or an auditor appointed by him or her. The council shall ensure that within four months after the expiry of each financial year a statement of account prepared under section 14 is submitted to the Auditor General. The Auditor General or an auditor appointed by him or her shall have access to all books of account, vouchers and other financial records of the council and be entitled to have any information and explanation required by him or her in relation to the above as he or she may require. The Auditor General shall, within two months after receipt of the statement of account under subsection (2), audit the accounts and deliver to the council and the Minister a copy of the audited accounts together with his or her report on those accounts stating any matter which in the opinion of the Auditor General should be brought to the attention of the council and the Minister .

Section 15

§ 16Financial provisions - Report to ParliamentProvision

The Minister must submit to Parliament, within three months of receiving them, the council's audited accounts (submitted by the Auditor General under section 15) and the council's annual activities report.

Section Report to Parliament Section The Minister shall, within three months after receiving them, submit to Parliament— the audited accounts of the council submitted to him or her by the Auditor General under section 15 ; and a report of the activities of the council in respect of that year submitted to the Minister by the council .

Section 16

Part V

Registers and registration of practitioners

§ 17Registers and registration of practitioners - Eligibility for registrationProvision

Specifies who is eligible for registration (holders of listed medical/dental qualifications) and requires applicants to show internship experience; council may accept equivalent experience for foreign qualifications; non-citizens with approved qualifications must obtain temporary registration.

Section Eligibility for registration Section A person holding any of the following minimum qualifications shall be eligible for registration in the appropriate category to which his or her qualifications relate— a degree of Bachelor of Medicine, Bachelor of Surgery or Bachelor of Dental Surgery granted by a university established in Uganda by law; a medical or dental qualification recognised by the council for the purposes of registration. In addition to the qualifications provided under subsection (1), a person applying for registration shall satisfy the council that he or she has acquired experience by satisfactorily serving a full-time internship in a hospital approved by the council . In the case of a person holding a qualification other than a qualification obtained from a university established in Uganda by law, the council may accept experience it may consider to be equivalent to the experience specified under subsection (2) if that person produces a certificate of registration which entitled him or her to practise in that country where he or she was registered. Where a person applying for registration is not a citizen of Uganda and has a qualification obtained from a university established in Uganda by law or any other university approved by the council , that person shall obtain a temporary registration as may be prescribed by the council .

Section 17

§ 18Registers and registration of practitioners - Recognition of other qualificationsProvision

The council may recognise non‑Ugandan medical or dental qualifications for registration and must publish recognised qualifications in the Gazette annually between 1 January and 31 March; the council may withdraw recognition and such withdrawal does not affect existing registrations.

Section Recognition of other qualifications Section The council may, taking into account the entrance requirements, the curriculum followed and, where possible, the professional standards exhibited by persons holding qualifications of the medical or dental school awarding the qualification under consideration, recognise qualifications other than qualifications awarded by a university established in Uganda by law, for purposes of registration under this Act. Qualifications recognised under subsection (1) shall be published in the Gazette as soon as the council recognises them, and the registrar shall after the 1st day of January and not later than the 31st day of March in each year cause to be published all such qualifications in the Gazette . The council may, at any time if professional standards so require, withdraw its recognition of qualifications under subsection (1). Where the council withdraws its recognition under subsection (3), the withdrawal shall not affect the registration of an already registered medical or dental practitioner or that of any provisionally or temporary registered person of the entitlement to remain on the register and to continue to practise.

Section 18

§ 19Registers and registration of practitioners - Registers and publication in the GazetteAmendment

The registrar must keep specified registers of practitioners and health units and publish up-to-date registers annually in the Gazette between 1 January and 31 March; the registrar must also publish interim lists as convenient; the Minister may amend the forms on the council's advice.

Section Registers and publication in the Gazette Section The registrar shall maintain or cause to be maintained the following registers— a main register of medical and dental practitioners in Form 1 set out in the Second Schedule; a provisional register of medical and dental practitioners in Form 2 set out in the Second Schedule; a temporary register of medical and dental practitioners in Form 3 set out in the Second Schedule; a register for specialist medical and dental practitioners in Form 4 set out in the Second Schedule; a register of health units in Form 5 set out in the Second Schedule; a register of medical and dental practitioners licensed to engage in active public or private practice in Form 6 set out in the Second Schedule. The registrar shall as soon as convenient after the 1st day of January and in any case not later than the 31st day of March in each year cause to be published in the Gazette all up-to-date registers maintained under subsection (1). The registrar shall as often as is convenient publish in the Gazette lists of persons and health units that have been registered in between the annual publication of updated registers. The Minister may, on the advice of the council , amend the forms under this section.

Section 19

§ 20Registers and registration of practitioners - Person whose qualification not recognisedProvision

If a person's qualification is not recognised, they may apply to the council; the council may arrange interviews/examinations, require training or further exams, appoint a committee to assess suitability, and shall authorise registration if satisfied with interview/examination results or conditions.

Section Person whose qualification not recognised Section Where a person holds a qualification which is not recognised by the council or which is not awarded by a university established in Uganda by law, he or she may apply to the council , and the council may make arrangements for that person to attend an interview and sit for an oral or written examination or both for the purpose of having his or her qualification recognised by the council . The council may, after interviewing or examining a person under subsection (1), direct that person to undergo a period of training or undertake further examination as it may specify. The council shall authorise the registration of a person if it is satisfied with the results of an interview or examination under subsection (1) or when the conditions given under subsection (2) are fulfilled to its satisfaction. The council may appoint a committee from among its members or some other registered persons to assess the suitability for registration of a person under this section, and the committee shall submit its findings and recommendations to the council for the council ’s decision.

Section 20

§ 21Registers and registration of practitioners - Application for registrationProvision

Qualified persons may apply to the council for registration; the council must, if satisfied of eligibility, authorise the registrar to enter the person's name on the register; the registrar must not register someone removed from a similar foreign register for misconduct without further inquiry.

Section Application for registration Section Any person who qualifies to be registered as a medical or dental practitioner may apply to the council for registration, and the council , if satisfied that the applicant is eligible for registration, shall authorise the registrar to enter his or her name on the register . An application for registration shall be in the prescribed form, and every application shall be accompanied by documentary proof of the qualifications of the applicant together with the prescribed fees. The registrar shall not register in the medical or dental register the name of any person whose name has been removed from a similar register of any country on grounds of misconduct on the part of that person without the council making further inquiry satisfying itself that the individual should be registered.

Section 21

§ 22Registers and registration of practitioners - Certificate of registrationProvision

When a medical or dental practitioner is registered, the registrar must issue that person a certificate of registration, sealed with the council's seal and in Forms A1 to A4 in the Third Schedule.

Section Certificate of registration Section On the registration of a medical or dental practitioner the registrar shall issue to the person registered, sealed with the seal of the council , a certificate of registration in the Forms A1 to A4 set out in the Third Schedule.

Section 22

§ 23Registers and registration of practitioners - Provisional registrationProvision

A person who only lacks the required experience (under section 17(2)) may apply to the council for provisional registration; provisional registration ends when the provisionally registered medical or dental practitioner is fully registered.

Section Provisional registration Section A person who does not qualify to be registered by reason only that he or she does not have the experience required under section 17 (2) may apply to the council for provisional registration . Provisional registration shall cease to have effect when a provisionally registered medical or dental practitioner is fully registered.

Section 23

§ 24Registers and registration of practitioners - Registered person to practise medicine or dentistryProvision

Persons registered or provisionally registered as medical or dental practitioners are permitted to practise their respective professions.

Section Registered person to practise medicine or dentistry Section A person registered or provisionally registered as a medical practitioner under this Act may engage in medical practice. A person registered or provisionally registered as dental practitioner under this Act may engage in dental practice.

Section 24

§ 25Registers and registration of practitioners - Removal from registerOffence

The council may, after inquiry, remove from the medical or dental register the name of any registered or provisionally registered person for specified grounds (conviction for an offence involving moral turpitude; professional misconduct; removal from another country's register; suspension).

Section Removal from register Section The council may, after inquiry, cause to be removed from the medical or dental register the name of any registered or provisionally registered person— who is convicted by any court of law of a criminal offence involving moral turpitude; who is found guilty of professional misconduct by the council ; whose name has been removed from the medical or dental practitioners register of any other country or who is suspended from practice. Where the name of any person is removed from the register in accordance with this section, the registration of a health unit or specialised establishment under his or her name shall also, by virtue of the removal, lapse unless it is registered in partnership with another practitioner or until such time as another practitioner is registered in respect of those premises

Section 25

§ 26Registers and registration of practitioners - Restoration of name after removalProvision

The council may reinstate a removed name on the register (on its own motion or on application and after inquiry) on payment of a fee; if reinstated the council may restore lapsed registrations and may impose supervision or other conditions.

Section Restoration of name after removal Section The council may, of its own motion or on the application of the person whose name has been removed from the register and after holding such inquiry as the council may consider desirable, cause the name of that person to be reinstated on the register on payment of a fee, as the council may determine. Where the name of a person is reinstated in accordance with subsection (1), the council may restore the registration of the medical clinic, dental surgery or specialised establishment that may have lapsed and may impose a period of supervision or any other conditions it deems fit.

Section 26

Part VI

Licensing and registration for private practice

§ 27Licensing and registration for private practice - Private practice without a licence prohibitedOffence

A person shall not engage in private practice without holding a practising licence issued under this Act.

Section Private practice without a licence prohibited Section A person shall not engage in private practice without holding a practising licence issued under this Act. A person contravening this section commits an offence and is liable on conviction to a fine of not less than two hundred thousand shillings and not more than three million shillings or to a term of imprisonment of not less than three months and not more than three years or to both.

Section 27

§ 28Licensing and registration for private practice - Licensing of private practiceProvision

Registered medical or dental practitioners may apply to the council for licences to engage in private practice; applications must include a copy of the registration certificate; the council may grant licences if satisfied of qualifications, and certain independent full-time private practice requires at least three years' post-registration experience; licences are valid for a calendar year and renewable annually; aggrieved persons may appeal to the Minister within thirty days.

Section Licensing of private practice Section A registered medical or dental practitioner may apply to the council for a licence to engage in private practice either as a general medical or dental practitioner or as a specialist in his or her area of specialisation. An application for a licence under subsection (1) shall be accompanied by a copy of the certificate of registration. The council may, if satisfied that the applicant possesses the necessary qualifications, authorise the grant of a licence for private practice in Form B set out in the Third Schedule, subject to such conditions as the council may consider fit. No licence for private practice shall be granted under this section for a person to practise independently as a full-time medical or dental practitioner in a private practice , unless the council is satisfied that he or she has for a period of not less than three years subsequent to registration as a medical or dental practitioner acquired experience by having rendered satisfactory service in full-time employment in a hospital or health unit approved by the council or has obtained equivalent experience in a similar institution. The licence for private practice granted under subsection (3) shall be valid for the calendar year in which it is issued and will be subject to renewal for one calendar year at a time. A licence renewed under subsection (5) shall not be issued subject to a condition which is less advantageous than that already attached unless the person concerned has been given an opportunity of being heard by the council . Any person aggrieved by a decision of the council under this section may, within thirty days from the date of notification of the decision, appeal to the Minister ; and the Minister may confirm, reverse or vary the decision.

Section 28

§ 29Licensing and registration for private practice - Registration of health unitsCommencement

People or bodies intending to open a private health unit must apply to the council for registration; the council may authorise registration after inquiry and receipt of a fee; the registrar may register certain dispensaries or maternity homes subject to council discretion and supervision conditions; public health units and units established twenty or more years are exempt from the prescribed fee; the Minister must prescribe the registration period for existing units after commencement.

Section Registration of health units Section Notwithstanding subsection (2)— On and after the coming into force of this Act, every person or body who or which intends to open a private health unit shall apply to the council for the registration of the health unit . The council may, after making such inquiry as it considers necessary, and receiving a fee determined by the council , authorise the registration of the specific health unit ; and upon registration, the health unit shall be licensed under this Act, and a licence shall be issued as set out in Form C in the Third Schedule. At the discretion of the council and subject to conditions that the council may determine, the registrar may register a private dispensary or maternity home operated by a medical assistant, nurse or midwife, as the case may be, exclusively for the use of a body corporate of an institution but under the supervision of a registered medical practitioner . public health units shall not pay the prescribed fee; and health units which have been established for twenty or more years may not pay the prescribed fee. The licence for a private health unit issued under subsection (2) shall be valid for the calendar year in which it is issued and will be subject to renewal for one year at a time. After the commencement of this Act, the Minister shall, by statutory instrument, prescribe the period within which all existing health units may be registered.

Section 29

§ 30Licensing and registration for private practice - Particulars of health units to be published in the GazetteProvision

The council must publish in the Gazette certain particulars of a health unit soon after registration is authorised and a licence is issued.

Section Particulars of health units to be published in the Gazette Section The council shall cause to be published in the Gazette soon after registration is authorised and a licence issued in respect of a health unit — the name, address, qualifications and the date of registration of the medical or dental practitioner supervising the health unit ; the conditions, if any, attached to the licence; the name and address of the health unit ; the medical or dental practitioner in whose name the health unit is registered.

Section 30

§ 31Licensing and registration for private practice - Control of operation of private health unitsProvision

No person may operate a private health unit or consulting room registered under the Act unless a registered medical or dental practitioner is in attendance to personally supervise; a health unit may operate without such a practitioner only to make appointments or provide dressing and follow-up treatments; medical or dental practitioners must not stockpile, retail or wholesale drugs at their health unit except with a special licence or permission.

Section Control of operation of private health units Section No person shall operate a private health unit or consulting room registered under this Act unless there is in attendance a registered medical or dental practitioner , as the case may be, to exercise personal supervision over its operation. Notwithstanding subsection (1), a health unit may operate in the absence of a registered practitioner for the purpose of making appointments or dressing and administering follow-up treatments. A medical or dental practitioner shall not, except with a special licence or permission, engage in stockpiling, retailing or wholesaling of drugs at his or her health unit .

Section 31

§ 32Licensing and registration for private practice - Inspection of health unitsProvision

The registrar or an authorised medical or dental practitioner must enter and inspect any health unit to certify compliance, with law enforcement assistance if necessary.

Section Inspection of health units Section The registrar or any medical or dental practitioner authorised by the council shall for the purpose of certifying that the provisions of this Act are complied with enter and inspect any health unit with the assistance of a law enforcement officer if necessary. If in the opinion of the person who made the inspection any action against the health unit is necessary, he or she shall submit a report to that effect to the council at the earliest opportunity. On receipt of a report made under subsection (2), the council may, after making or causing to be made such inquiry as is considered necessary and after affording an opportunity to the owner of the health unit to be heard, take action as it may consider fit.

Section 32

Part VII

Inquiry by the council

§ 33Inquiry by the council - Inquiry into professional misconductProvision

The council must hold an inquiry when it receives an allegation that, if proved, would amount to professional misconduct by a registered practitioner.

Section Inquiry into professional misconduct Section The council shall hold an inquiry where it receives an allegation which, if proved, would constitute professional misconduct on the part of a registered practitioner under this Act.

Section 33

§ 34Inquiry by the council - Procedure of inquiryProvision

Sets procedures for inquiry: the registrar must convene the council (in consultation with the chairperson); notices must be given; the person subject to inquiry has a right to be present and represented; the council may proceed in absence, compel witnesses and documents, and regulate its own procedure.

Section Procedure of inquiry Section For purposes of holding an inquiry under this Act, the registrar , in consultation with the chairperson , shall convene a meeting of the council . A notice in writing signed by the registrar indicating the date, place and time of the inquiry shall be served personally on or sent by registered post or courier to the person whose conduct is the subject of inquiry at least twenty-one days prior to the date of inquiry. The notice under subsection (2) shall specify particulars of the alleged misconduct to be inquired into and shall be accompanied by a copy of any document to be produced in evidence at the inquiry, and any such document shall be available for public inspection at all reasonable times at the office of the registrar . A person whose conduct is the subject of inquiry shall be entitled to be present and to be represented by an advocate of his or her own choice in respect of the inquiry. Where a person whose conduct is the subject of inquiry fails without reasonable cause to appear and the council is satisfied that the provisions of subsection (2) have been complied with, the council may proceed with the inquiry in his or her absence. The provisions of Chapter X of the Penal Code Act and section 131 of the Evidence Act shall apply in relation to any inquiry held by the council as they apply in relation to causes or matters in a court of law. The council may order and enforce the attendance of any person as witness at any inquiry under this Act and may require the production of books and documents as it may deem fit. Summons for the attendance of a witness at the proceedings of an inquiry by the council shall be signed and issued by the registrar . The proceedings and decision of the council at an inquiry shall be recorded under the direction of the chairperson and when signed shall be conclusive evidence of the proceedings and decision. Subject to the foregoing provisions, the council may regulate its own procedure in all inquiries under this Act.

Section 34

§ 35Inquiry by the council - Legal advice to the council at inquiryCommencement

The council may appoint an advocate (who must have practised for at least six years) to assist and advise on legal questions; the council must inform the person under inquiry or their advocate of advice if proceedings occur in their absence and must inform them during the inquiry if it does not accept the advocate's advice.

Section Legal advice to the council at inquiry Section Where an advocate appointed under subsection (1) advises the council on any question of law— The council may appoint an advocate to assist it in the conduct of an inquiry and for purposes of advising the council on any question of law arising or likely to arise in the inquiry, and that advocate shall be a person who has been entitled to practise for not less than six years. prior to the commencement of the council ’s proceedings, the advice tendered shall be given in the presence of the person whose conduct is the subject of inquiry and his or her advocate, if any, or when either of them is present; if the council commences or conducts any of its proceedings in the absence of the person whose conduct is the subject of inquiry and his or her advocate, if any, that person or his or her advocate shall be informed of the advice; the person whose conduct is the subject of inquiry or his or her advocate shall be informed during the inquiry if the council does not accept the advice of the advocate.

Section 35

§ 36Inquiry by the council - Notification of decision to person concernedProvision

The registrar must notify the person concerned in writing of the decision of the council within thirty days after the conclusion of an inquiry.

Section Notification of decision to person concerned Section Within thirty days after the conclusion of an inquiry, the registrar shall notify the person concerned in writing of the decision of the council .

Section 36

§ 37Inquiry by the council - Publication of decision of the councilProvision

The council may direct the publication of a report and the decision of any inquiry held by it, in a manner that it deems fit.

Section Publication of decision of the council Section The council may direct, in a manner that it deems fit, the publication of a report and the decision of any inquiry held by it.

Section 37

§ 38Inquiry by the council - Appeal to High CourtProvision

A person aggrieved by a council decision in an inquiry may appeal to the High Court within ninety days of notification; the High Court may confirm, annul or vary the decision; the Chief Justice may make rules regulating such appeals.

Section Appeal to High Court Section A person aggrieved by the decision of the council in any inquiry may, within ninety days from the date of notification of the decision of the council , appeal to the High Court against the decision; and the High Court may confirm, annul or vary the decision as it thinks fit. The Chief Justice may make rules regulating appeals to the High Court under this Act.

Section 38

Part VIII

Miscellaneous provisions

§ 39Miscellaneous provisions - Committees of the councilProvision

The council may appoint committees; a committee must deliberate on matters assigned to it and make recommendations to the council.

Section Committees of the council Section For better carrying out of its functions, the council may appoint such committees composed of its members, or its members and other persons, as it may consider necessary. A committee appointed under subsection (1) shall deliberate on any matter assigned to it by the council and make recommendations to the council . The chairperson of a committee under this section shall be appointed from among the members of the council .

Section 39

§ 40Miscellaneous provisions - Additional qualificationsProvision

A person registered under the Act who acquires council‑approved additional qualifications may have those qualifications entered in the register on payment of a prescribed fee.

Section Additional qualifications Section A person registered under this Act who has acquired additional qualifications approved by the council may, on payment of a prescribed fee, have the additional qualifications included in the register .

Section 40

§ 41Miscellaneous provisions - Publication prima facie evidenceProvision

Publication of the lists in the Gazette is prima facie evidence that names shown are registered, listed health units are registered, and absence from the list indicates non-registration; a registrar-certified extract is admissible in court.

Section Publication prima facie evidence Section The publication of the lists in the Gazette as provided in section 19 shall be prima facie evidence that— a person whose name appears therein is registered as indicated in the Gazette ; the health unit , mentioned in the Gazette at the time of publication, is duly registered under this Act; the absence of the name of any person or health unit from the relevant list means that a person or health unit is not registered under this Act. A copy or extract from a register certified under the hand of the registrar shall be received in evidence in a court of law.

Section 41

§ 42Miscellaneous provisions - ChargesProvision

Registered medical or dental practitioners may demand reasonable charges for specified medical, surgical or dental services and supplies; persons not registered under the Act shall not demand those charges.

Section Charges Section A registered medical or dental practitioner may demand reasonable charges— for medical, surgical or dental advice given; for the attendance or treatment rendered; for the performance of any medical, surgical or dental appliances; or for any drugs prescribed or supplied, For the avoidance of doubt, a person who is not registered under this Act shall not demand any charges under subsection (1).

Section 42

§ 43Miscellaneous provisions - Authorised person to give medical or dental treatmentProvision

Authorised persons may provide medical or dental treatment in Government medical institutions after appropriate training; they are prohibited from using unauthorised drugs/instruments/appliances and from charging fees for treatment.

Section Authorised person to give medical or dental treatment Section A person authorised to give medical or dental treatment under subsection (1) shall not be allowed— A person authorised by the director general of health services may give medical or dental treatment in a Government medical institution after undergoing appropriate training. to possess or use any drugs, instruments or appliances other than those authorised by the director general of health services; or to charge or receive any fee or other consideration for the treatment rendered to a person.

Section 43

§ 44Miscellaneous provisions - Registered practitioner to undertake minimum continuing medical or dental educationProvision

Practitioners in active practice must undergo minimum continuing medical or dental education organised by the council; the council may delegate organisation to certain associations and may recognise foreign continuing education. Failure to comply is a ground for disciplinary action.

Section Registered practitioner to undertake minimum continuing medical or dental education Section The council may— Every practitioner engaged in active public or private practice shall be required to undergo a minimum continuing medical or dental education prescribed and organised by the council . No practitioner shall remain on the register maintained under section 19 (1) unless he or she has undergone a minimum continuing education under subsection (1), and failure to comply with subsection (1) shall constitute a ground for disciplinary action. delegate its powers under subsection (1) to— (i) the Uganda Medical Association; (ii) the Uganda Dental Association; or (iii) any other dental or medical association it may deem fit; recognise any minimum continuing education taken by a practitioner from outside Uganda.

Section 44

§ 45Miscellaneous provisions - Notification of death of practitionerProvision

District or area chief administrative officers must notify the registrar in writing when they receive a report of the death of any registered or provisionally registered medical or dental practitioner.

Section Notification of death of practitioner Section The chief administrative officer of every district or area, in the performance of his or her duties under the Births and Deaths Registration Act, shall, on receiving a report of the death of any registered or provisionally registered medical or dental practitioner , notify the registrar of the death in writing.

Section 45

§ 46Miscellaneous provisions - RegulationsAmendment

The Minister may, on the recommendation of the council, make regulations for carrying out this Act and may prescribe fees, forms and amend the Schedules.

Section Regulations Section The Minister may, on the recommendation of the council , make regulations generally for better carrying out the provisions of this Act and, without prejudice to the generality of the foregoing, the Minister may— prescribe the fees to be prescribed under this Act, including the fees payable for any registration under this Act; prescribe the application forms that may be necessary; prescribe any other form to be issued under this Act; amend the Schedules to this Act.

Section 46

§ 47Miscellaneous provisions - Offences and penaltiesOffence

Section Offences and penalties Section Any person who— having been summoned by the council fails— wilfully and falsely uses any name or title implying a qualification to practise medicine, surgery, dentistry; not being registered or authorised under this Act practises whether openly or impliedly as a medical or dental practitioner ; wilfully procures or attempts to procure himself or herself to be registered under this Act by false or fraudulent representation either verbally or in writing; to attend as a witness; to produce any books or documents which he or she is required to produce without reasonable cause; refuses, without lawful excuse, to answer any question put to him or her in the course of the proceedings of the council ; or contravenes any other provision of this Act,

Section 47

Legislative relationships

2 referenced instruments

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A–F

1 instrument

Chapter X of the Penal Code
Section 34

N–S

1 instrument

Schedules. Section Regulations
Section 46

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