TONGA

HEALTH PRACTITIONERS REGISTRATION ACT, 1991

No. 16 of 1991.

I assent,
TAUFA'AHAU TUPOU IV 
25th October, 1991.
AN ACT
TO REQUIRE THE REGISTRATION BEFORE PRACTICE OF MEDICAL, DENTAL, NURSING, MIDWIFERY AND OTHER HEALTH PROFESSIONS IN TONGA.
[15th August, 1991].
BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:
1	Short Title and commencement
(1) This Act may be cited as the Health Practitioners Registration Act, 1991.
(2) This Act shall come into force on a date to be appointed by the King in Privy Council
2	Interpretation
In this Act unless the context otherwise requires - 
	"Health practitioner" means a qualified doctor, dentist, nurse, health officer, midwife, traditional birth attendant, village health worker, pharmacist and such other type of health worker as may be defined by regulation;
	"Minister" means Minister of Health
	"Ministry" means Ministry of Health
	"Registrar" means a person appointed under section 3(5);
	"Register" means the Register of Health Practitioners maintained under this Act;
	"Council" means the Health Practitioners Registration Council.
3	Appointment of Health Practitioners Registration Council
(1) There shall be a Health Practitioners Registration Council.
(2) The Council shall -
	(a) Consider applications for and if approved admit persons to the relevant part of the register;
	(b) prescribe registration and other fees;
	(c) have power to descipline all health practitioners;
	(d) be responsible for ensuring the basic training and examination standards of any of the health professions, training for which may be undertaken in Tonga;
	(e) be responsible for overseeing refresher and post-graduate training in Tonga for those health professions whose basic training cannot be taken in the Kingdom.
	(f) have power to make rules, with the consent of the Minister -
	(i) setting out codes defining standards of professional conduct, practice, ethics and training for any of the health professions;
	(ii) relating to such other matters as the Council consider necessary for the guidance and maintenance of standards of the health professions.
(3) When exercising any of its powers under sub-section (2) the Council shall co-opt three persons of standing and experience in the particular health profession concerned to assist the Council in reaching its decisions.
(4) At the request of the Council the Supreme Court may issue subpoenas requiring witnesses to appear before the Council.
(5) The Minister shall appoint a Registrar who shall be a member of the Council.
4	Membership of Council
(1) The Health Practitioners Registration Council shall consist of the Director of Health, who shall be chairman, the Medical superintendent, the Chief Dental Officer, the Chief Nursing Officer, the Senior Pharmacist, the Registrar and the following persons appointed by the Minister, namely a senior representative of any other group of health practitioners required to be registered, a senior legally qualified person and one lay member.
(2) Decisions of the Council shall be by a majority, the Chairman having a casting vote. The quorum for a meeting of the Council shall be five and must include at least one representative of any of the health professions under consideration.
5	Register
The Registrar shall maintain the register which shall be available for public view during office hours at the Ministry of Health.
6	Method of application for registration
An applicant for admission to the register shall make available to the Registrar such authenticated evidence of his professional qualifications as the Council may require. The Council shall have the right to approach such individuals or bodies as may be necessary to confirm the fitness of the applicant to be admitted to the register. Applicants must be proficient in either the Tongan or the English language.
7	Evidence required
As well as evidence of approved qualifications the applicant will be required to produce evidence of his good character and professional competence. Such evidence shall be that as may be required by the Council.
8	Right of Appeal to the Minister
(1) An applicant who has been refused admission to the register by the Council may appeal against the Council's decision to the Minister whose decision shall be final. Such appeal must be made within 28 days of the decision by the Council.
(2) The Minister on the hearing of the appeal may affirm, reverse or amend the decision of the Council, or may remit the matter with the opinion of the Minister to the Council for re-consideration.
9	No practice without Registration
Save as provided in this Act, no person shall practise as a health practitioner within the Kingdom of Tonga unless: 
	(a) his name is on the register;
	(b) he has in force a valid health practitioners certificate.
10	Fee for Registration and Annual Practising Certificate
The Council shall prescribe the fee payable for initial admission to the register and the fee for the annual practising certificate and for renewals thereof. 
11	Health Practitioners Certificate
(1) Unless otherwise provided for in this Act, a health practitioners certificate shall be issued for a year.
(2) The Registrar shall issue a health practitioners certificate to a health practitioner who applies for one if the Registrar is satisfied that ‑
	(a) the health practitioner's name is on the register;
	(b) he is not suspended from practice; and
	(c) he has paid the prescribed fees.
(3) A health practitioners certificate may be either or both ‑
	(a) restricted; or
	(b) issued subject to conditions.
(4) The Registrar shall once in every year during the month of March cause to be published in the Gazette a list of all persons holding health practitioners certificates.
12	Offence to practise without certificate
Any person who -
	(a) practises as a health practitioner; or 
	(b) in any way holds himself out as entitled by law to practise as a health practitioner,
without having in force a valid health practitioners certificate shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three years or to a fine not exceeding $5000 or to both.
13	Discipline
(1) Where the Council is satisfied that -
	(a) the professional qualifications a health practitioner has produced are found to be fraudulent or incorrect;
	(b) a health practitioner is convicted by a court of an act involving dishonesty or is sentenced to a term of imprisonment of two years or more;
	(c) a health practitioner is guilty of behaviour inconsistent with his professional status; or
	(d) a health practitioner is no longer able to carry out his work satisfactorily,
the Council may exercise its powers under this section. 
(2) The Council may -
	(a) remove the name of the health practitioner from the register;
	(b) suspend the health practitioners certificate for such time as the Council may determine;
	(c) censure the health practitioner, or
	(d) impose conditions on the health practitioners certificate.
14	Right of Appeal to the Supreme Court
(1) A person against whom an action has been taken by the Council under section 13(2) may appeal against the decision of the Council to the Supreme Court whose decision shall be final. Such appeal must be made within 28 days of the date of the decision of the Council.
(2) The Supreme Court on the hearing of the appeal may affirm, reverse or amend the decision of the Council, or may remit the matter with the opinion of the Supreme Court to the Council for reconsideration.
(3) A person -
	(a) whose name has been removed from the register, or
	(b) whose health practitioners certificate has been suspended, or
	(c) who has had conditions imposed on his health practitioners certificate,
may apply to the Council after a period of not less than one year from the date of the Council's decision, or the last date when a previous application was rejected, whichever is the later, for reinstatement, cancellation of suspension or removal of conditions, as the case may be.
(4) There shall be no appeal from a decision of the Council made pursuant to sub-section (3)
15	Sections of the Register
The register shall be divided into the following sections:
	(1) Medical, including health officers;
	(2) Dental;
	(3) Nursing, including mid-wifery;
	(4) Village health workers and traditional birth attendants;
	(5) Pharmaceutical;
and such other section as the Minister may prescribe by regulation.
16	Temporary Registration
The Registrar, subject to the approval of the Council, may permit suitably qualified visitors to Tonga to be registered as health practitioners for up to 6 months. A fee to be prescribed by the Council shall be payable for such temporary registration.
17	Ministers power to Exempt
The Minister may, subject to such conditions as he thinks fit, exempt in writing members of short-term visiting specialist health teams or individual short-term visiting health specialists, from complying with the requirements of this Act.
18	Copy of Register entry
(1) Every registered health practitioner shall be entitled to a copy of his entry in the register duly authenticated by the Registrar.
(2) Such copy shall be evidence of the facts stated therein.
19	Council decisions in writing
All decisions of the Council shall be recorded in writing and copies made available to the health practitioners concerned.
20	Exemptions.
This Act shall not apply to -
	(a) Uncompensated care provided by anyone, provided that he does not designate himself as a registered professional in the Kingdom.
	(b) Care provided in emergency situations.
	(c) Supervised care given by students of a health profession acknowledged under this Act.
	(d) Incidental care given by domestic servants to employers or relatives of the employers.
	(e) The administering of Traditional Tongan medicine and care.
	(f) Religious healing
21	Annual Report
The Council shall make an annual report in writing to the Minister.
22	Power to make regulations
The Minister may with the consent of Cabinet make regulations for the effective carrying out of the provisions of this Act.
23	Financial support for Council
(1) The Council shall be financially supported by the Ministry.
(2) All sums received as fees under this Act shall be paid to the general revenue of the Kingdom.
24	Repeal
The Medical Registration Act, Cap. 75, is hereby repealed.

Passed by the Legislative Assembly this 15th day of August, 1991.