KOTZIAMANIS ν. MEDICAL BOARD
(1985)3 CLR 964 THE CYPRUS LAW REPORTS ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | " target="_top">Επικοινωνία | Όροι χρήσης Έρευνα - Κατάλογος Αποφάσεων - Εμφάνιση Αναφορών (Noteup on) - Αρχείο σε μορφή PDF - Αφαίρεση Υπογραμμίσεων
(1985)3 CLR 964 1985 May 18 [DEMETRIADES, J.] IN THE MATTER OF ARTICLE 146 OF THE CONSTITUTION ANDREAS KOTZIAMANIS, Applicant, v. THE MEDICAL BOARD, Respondents. (Case No. 41/81). Medical Registration-Specialization-Radiodiagnosis-Recognition-Qualifications required-Whether training at Nicosia General Hospital approved for purposes of, recognition-Regulation 3 of the Medical Registration (Sperialist Qualifications) Regulations, 1 979-Specialization of applicant starting in Athens Hospitals-And continued at the Nicosia General Hospital on the, suggestion of the Chairman of the respondent Board-This fact not taken into consideration by the other members of the Board-In taking their decision to reject his application for recognition of his specialization they acted under a misapprehension of the true facts-Sub judice decision annulled. Administrative Law-Administrative act-Taken under misapperehension of the true facts-Annulled. The applicant graduated from the Medical School of Thessaloniki on the 4th February, 1977, and was registered as a medical practitioner in Cyprus on the 30th April,
- Between the middle of April 1977, and the end of November, 1979,he was trained in three hospitals in Athens for obtaining a post-graduate experience in Radio-diagnosis ("Aktinodiagnostiki"). As a result of his said training and the passing by him of certain examinations he was granted in Greece a certificate of specialization in Radiology. On the 3rd October, 1980, the applicant applied to the respondents to have his specialization recognized; and his application was rejected by the Medical Council on the ground that he had not completed a postgraduate training in that field of medicine for a period of four years as provided by regulation 3 of the Medical Registration (Specialist Qualifications) Regulations, 1979 and because the Larnaca Hospital, as well as all Hospitals in Cyprus, ale not considered at present as hospitals which are approved by the respondents for purposes of recognition of the title of a specialist. In a letter dated 14th July, 1979 addressed by the Director of Medical Services who is, also, the Chairman of the respondents, to Mr. Gregorios Pontifikas, Professor of Radiology of the University of Athens, it was stated that the Nicosia General Hospital was in need of a Radiologist and the Professor was asked to allow, the applicant to continue his specialization at the Radiology Laboratory of the Nicosia General Hospital and, after the completion of the period of his specialization, to allow him to take the exams for obtaining the title of a Specialist Radiologist; and that the Radiology Laboratory of the Nicosia General Hospital had all possibilities both in equipment and training staff for training in Radiology. Upon a recourse by the applicant: Held, that in the light of the contents of the letter to the Professor, which is signed by the Chairman of the respondents, the allegations put forward by the respondents in their opposition and address do not appear to be correct and as, apparently, the contents of this letter were not taken into consideration by the other members of the respondent board, in taking their decision they were acting under a misapprehension of the true facts in the case of the applicant and, therefore, their decision must be annulled. Sub judice decision annulled. Recourse. Recourse against the refusal of the respondents to recogniseapplicant as a specialist in Radiology. A. Poetis, for the applicant. A. Vassiliades, for the respondents. Cur. adv. vult. DEMETRIADES J. read the following judgment. The applicant graduated from the Medical School of Thessalonikion the 4th February, 1977, and was registered as a medical proctitioner in Cyprus on the 30th, April,
- Between the middle of Aril 1977, and the end of November 1979, he was trained in three hospitals in, Athens for obtaining a post-graduate experience in Radiodiagnosis ("Aktinodiagnostiki"). As a result of his said training and the passing by him of certain examinations he was granted in Greece a certificate of specialization in Radiology. On the 3rd October, 1980 the applicant applied to the respondents to have his specialization recognised. His application was accompanied by three certificates issued by the Doctors in charge of the Radiology Department of the hospitals where he was trained, verifying that he had worked under them in order to specialise in these fields. These certificates, as well as the certificate' granted to him in Greece are to be found in the applicant's personal file which was produced and is an exhibit before me. The application of the applicant to be recognised as a specialist in Radiology was rejected by the Medical Council on the ground that he had not completed, a post-graduate training in that field of medicine for a period of four years as provided by the regulations in force. The, decision of the respondents was communicated to the applicant by a letter dated 29th November,
- The regulations by virtue of which the respondents are entrusted with the task of recognising a medical proctictioner as a specialist in his field are the Medical Registration (Specialist Qualifications) Regulations of 1979 (see No. 54 in the Third Supplement, Part 1, to the official Gazette of 23rd March, 1979), the material part of which reads as follows:- «
- Τά προσόντα άτινα παρέχουσι τό δικαίωμα είς πρακτήρα ίατρόν όπως περιγράφη έαυτόν ώς είδικόν η όπως καθ οιονδήποτε τρόπον χρησιμοποιή τήν λέξιν ειδικός' είς οιανδήποτε είδοποίησιν έκτιθεμένην ή δημοσιευομένην δυνάμει τοΰ όρθρου 22 τοΰ Νόμου, είναι τά άκόλουθα: Μεταπτυχιακή έκπαίδευσις είς τον οίκεϊον κλάδον της ιατρικής διαρκείας ούχί βραχυτέρας τής καθοριζομένης έν τοίς έφεξής δι έκάστην των αναφερομένων ειδικοτήτων: (α) ..................... (β) Τέσσερα έτη είς τήν περίπτωσιν των άκολούθων ειδικοτήτων: Ακτινοδιαγνωστική ............» ("
- The qualifications which entitle a medical practitioner to describe himself as specialist or in any way to use the word 'specialist' in any notice displayed or published by virtue of section 22 of the Law are the following: Post-graduate training in the relevant branch of medicine of a duration not shorter than that specified hereinafter for each of the mentioned specializations: (a) ................................... (b) Four years in the case of the following specialization: Radiodiagnosis ..................................."). Regulation 4 provides that for the calculation of the periods specified in regulations 3, there may be taken into consideration also periods of such training in more than one University Centres Training Hospitals in which training of doctors takes place or in other Training Centres which might be approved by the Medical Council. These Regulations were made under the provisions of section 23
(2)of the Medical Registration Law, Cap. 250, as amended by section 18 of the Medical Registration (Amendment No. 2) Law, 1961 (Law 53/61), which reads as follows: «
(2)Ουδείς ιατρός πρακτήρ θά περιγραφή εαυτόν ώς είδικόν, ή καθ' οιονδήποτε τρόπον χρησιμοποιή την λέξιν ειδικός' είς οιανδήποτε είδοποίησιν έκτιθεμένην ή δημοσιευομένην δυνάμει του άρθρου 22, έκτός έάν ούτος ίκανοποιή τό Ίατρικόν Συμβούλιον ότι είναι κάτοχος τοιούτων ειδικών προσόντων, ώς ταύτα δύνανται νά καθορισθώσιν ύπό του Ιατρικού Συμβουλίου τη έγκρίσεϊ τοϋ Υπουργικού Συμβουλίου, ώστε νά δικαιούται ούτος νά θεωρήται ώς ειδικός είς οιονδήποτε κλάδον ή ειδικότητα τοΰ ιατρικού επαγγέλματος είς ό άσκεϊ τό έπάγγελμά του.» ("
(2)No medical practitioner shall describe himself asa 'specialist' or in any way employ the word 'specialist' in any notice desplayed or published under section 22 unless he satisfies, the Medical Council that he is in possession of such special qualifications as may be specified by the Medical Council with the approval of the Council of Ministers, as would entitle him to be regarded as a specialist in any branch or specialization of the medical profession in which he practices".) As I have already stated, the application of the applicant to be recognized as a specialist in his field was turned down on the ground that he had not completed a period of four years as the above-mentioned regulations provide, and that the Larnaca hospital, as well as all hospitals in Cyprus, are not considered at present as hospitals which are approved by the respondents for purposes of recognition of the title of a specialist. However, in a letter addressed by the Director of Medical Services, dated 14th July, 1979, to Mr. Gregorios Pontifikas, Professor of Radiology of the University of Athens, the following are stated: «'Επειδή κατά τό παρόν χρονικόν διάστημα έχουμε απόλυτη ανάγκη της ύπηρεσίας Ακτινολόγου Ίατροΰ στο Γενικό Νοσοκομείο Λευκωσίας, λαμβάνω τήν τιμή νά σας παρακαλέσω όπως έπιληφθήτε της περιπτώσεως τοΰ Ίατροΰ Κοτζιαμάνη Ανδρέα, ό όποιος ειδικεύεται στην Έδρα Ακτινολογίας τοΰ Πανεπιστημίου 'Αθηνών της οποίας προΐστασθε και νά σας παρακαλέσω όπως έπιτρέψετε στον έν λόγω ίατρόν νά συνέχιση τήν ειδίκευση του στό 'Ακτινολογικό Εργαστήριο τοϋ Γενικού Νοσοκομείου Λευκωσίας και μετά τήν συμπλήρωση τοϋ χρόνου είδικεύσεώς του, τοϋ έπιτρέψετε νά ύποστή τις έξετάσεις γιά τήν άπόκτηση τίτλου ειδικότητος 'Ακτινολόγου............ Τό Ακτινολογικό Εργαστήριο τοϋ Γενικού Νοσοκομείου Λευκωσίας έχει όλες τις δυνατότητες τόσον άπό πλευράς έξοπλισμοΰ όσον και άπό πλευράς εκπαιδευτικού προσωπικού γιά νά παράσχη έκπαίδευση στήν Ακτινολογία. Θά είμαστε στή διάθεση σας γιά περισσότερες πληροφορίες όσον άφορα τό έπίπεδο εκπαίδευσης τοΰ 'Ακτινολογικού 'Εργαστηρίου τοϋ Γενικού Νοσοκομείου Λευκωσίας. .................................... (Δρ. Α. Α. Μαρκίδης) Διευθυντής Τμήματος Ίατρικών Υπηρεσιών» ("As at present we are in urgent need of the services of a Radiologist in the Nicosia General Hospital, I would request you to consider the case of Dr. Kotziamanis Andreas, who is specializing in the faculty of Radiology at the University of Athens headed by you and to request you to allow the said doctor to continue his specialization, at the Radiology Laboratory of the Nicosia General Hospital and, after the completion of the period of his specialization, to allow him to take the exams for obtaining the title of a Specialist Radiologist, ................................... The Radiology Laboratory of the Nicosia GeneralHospital has all possibilities both in equipment and training staff for training in Radiology. We shall be at your disposal to give you more information regarding the standard of training at the Radiology Laboratory, of the Nicosia General Hospital. (Sgd) A. A. Markides, Director of the Department of Medical Services.") In the light of the contents of this letter, which is signed by the Chairman of the respondents, the allegations put forward by the respondents in their opposition and address do not appear to be correct and as, apparently, the contents of this letter were not taken into consideration by the other members of the respondent board, I feel that in taking their decision they were acting under a misapprehension of the true facts in the case of the applicant and, therefore, their decision must be annulled. In the result, the recourse is allowed and the sub judice decision is annulled. The respondents to pay the costs of these proceedings. Sub judice decision annulled. Respondents to pay applicant's costs. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο