Chapter 464

Fil-qosor

Din il-liġi tirregola l-prattika tal-professjonijiet tal-kura tas-saħħa f'Malta. Tistabbilixxi l-kundizzjonijiet għall-prattika ta' dawn il-professjonijiet u l-użu tat-titoli professjonali.

X'tirregola

Il-kundizzjonijiet biex wieħed jipprattika professjoni tal-kura tas-saħħa f'Malta.
L-użu tat-titoli professjonali għall-professjonisti tal-kura tas-saħħa.
Is-superviżjoni tal-professjonisti tal-kura tas-saħħa minn Kunsilli rilevanti.
Il-proċeduri għall-Kunsilli u l-Kumitati ta' Akkreditazzjoni ta' Speċjalisti.

Lil min tikkonċerna

Kull persuna li tixtieq tipprattika professjoni tal-kura tas-saħħa f'Malta.
Professjonisti tal-kura tas-saħħa bħal tobba, kirurgi dentali, spiżjara, tekniċi tal-ispiżerija, infermiera, u qwiebel.

Punti ewlenin

Ħadd ma jista' jipprattika professjoni tal-kura tas-saħħa mingħajr ma jissodisfa l-kundizzjonijiet stabbiliti f'din il-liġi.
L-użu ta' titolu professjonali huwa permess biss jekk il-persuna tissodisfa l-kundizzjonijiet stabbiliti mill-Kunsill rilevanti.
Mhux permess li professjonist tal-kura tas-saħħa jipprattika żewġ professjonijiet jew aktar fl-istess ħin, sakemm il-Ministru ma jippreskrivix ċirkostanzi speċifiċi.
Il-professjonisti tal-kura tas-saħħa huma soġġetti għal superviżjoni speċjali mill-Kunsill rilevanti tagħhom, li tinkludi standards professjonali u etiċi.

Legal text

HEALTH CARE PROFESSIONS CHAPTER 464 HEALTH CARE PROFESSIONS ACT To regulate the practice of health care professions in Malta. 21st November, 2003 ACT XII of 2003, as amended by Act III of 2004; Legal Notices 253, 342 of 2004; Act XIII of 2005; Legal Notices 376 of 2005, 147 of 2006, 427 of 2007, 27, 140, 177 of 2008, 159, 206, 373, 442 of 2011, 234 of 2013, 399, 413 of 2014, 292 of 2015; Acts XXXIV of 2016 and XVIII of 2022; Legal Notice 20 of 2017, 23 of 2018, 59 of

390 of 2018, 229 of 2019 , 303 of 2021 , 219 and 233 of 2022 and 106 and 223 of 2023 , 17, 57, 105, 140 and 190 of 2025, Act XXXIII of 2025 and Legal Notice 40 of
ARRANGEMENT OF ACT Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Part IX Part X First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Preliminary Medical Practitioners and Dental surgeons Pharmacists and Pharmacy Technicians Nurses and Midwives Professions Complementary to Medicine Specialists Disciplinary Action, Offences and Erasure of Names Registration of Citizens of Member States Miscellaneous Provisions Saving and other provisions Articles 1-6 7 - 12 13 - 18 19 - 24 25 - 28 29 - 30 31 - 41 42 - 44 45 - 51 52 - 53 SCHEDULES Rules of Procedure and other rules relating to Councils and Specialist Accreditation Committees Recognised Qualifications Professions Complementary to Medicine Professional Associations Specialist Registers HEALTH CARE PROFESSIONS PART I PRELIMINARY Short title. Interpretation. Amended by: III. 2004.12; L.N. 27 of 2008; XXXIV. 2016.15; XXXIII.2025.
Act.
The short title of this Act is the Health Care Professions In this Act, unless the context otherwise requires - "adaptation period" means the pursuit of a regulated profession in the host Member State under the responsibility of a qualified registered member of that profession, such period of supervised practice possibly being accompanied by further training; "aptitude test" means a test of the professional knowledge, skills and competences of the applicant, made by the relevant Councils with the aim of assessing the ability of the applicant to pursue a regulated profession in Malta; "Council for Nurses and Midwives" means the Council established by article 21; "Council for the Professions Complementary to Medicine" means the Council established by article 26; "decision" includes any order or measure against a person in accordance with articles 32, 35 or 38; S.L. 464.
"Disciplinary Committee" means the Disciplinary Committee established in accordance with the Disciplinary Proceedings Regulations; "ECTS credits" means the credit system for higher education used in the European Higher Education Area; "European Economic Area" means the area composed of the state parties to the agreement on the European Economic Area, other than member states of the European Union; and agreement on the European Economic Area means the agreement establishing such area to which Malta became a party pursuant to the Treaty; "European Professional Card" means an electronic certificate proving either that the professional has met all the necessary conditions to provide services in a host Member State on a temporary and occasional basis or the recognition of professional qualifications for establishment in a host Member State; "European Union" means the European Union referred to in the Treaty; "evidence of formal qualifications" means diplomas, certificates and other evidence issued by the competent authority in a Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State and certifying successful completion of professional training obtained mainly in the Community. Evidence of formal qualifications issued by a third country shall be regarded as evidence of formal qualifications if the holder h as three years formal experience in the profession concerned on the territory of the Member State which recognised that evidence of formal qualification, certified by that Member HEALTH CARE PROFESSIONS State; " go o d con d uc t " m e a n s c o n du c t a p pr o ve d by t he r e l e v a nt Council; "health care profession" means a profession regulated by this Act; "health care professional" means a person who is authorised to practise a health care profession in accordance with the provisions of this Act; "interim measures" means urgent measures addressed to a health care professional or the person being investigated and issued by the relevant Council in the course of an investigation or by the Disciplinary Committee in the course of disciplinary proceedings due to the risk of serious and irreparable harm to the reputation and integrity of the health care profession, the well-being of the injured party or public safety; "legal practitioner" means a person who has practised as an advocate in Malta for a period of, or periods amounting in the aggregate to, not less than seven years; "lifelong learning" means general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences, which may include professional ethics; "Medical Council" means the Council established by article 9; "Member State" means a state member of the European Union, a state within the European Economic Area, Switzerland or any other state as the Minister may prescribe; "Minister" means the Minister responsible for health; "overriding reasons of general interest" means reasons recognised as such in the case-law of the Court of Justice of the European Union; "personal data" shall have the same meaning as assigned to it in Article 4

(1)of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); "Pharmacy Council" means the Council established by article 15; "practice" in respect of any health care professional means the taking up and, or pursuit of the respective profession and includes the provision of services; "prescribed" means laid down by regulations in accordance with the provisions of this Act; "professional and ethical standards" includes standards relating to the general conduct of a member of a health care profession, including the behaviour of such member towards his client or the pa ti e n t u nd e r h is c a re o r be in g a t t e n de d b y h im , du r i ng or HEALTH CARE PROFESSIONS consequential to the exercise of his profession, and the behaviour of such member towards other members of his profession and towards members of other health care professions and towards society; "professional complementary to medicine" means a health care professional whose name is entered in the Registers of Professions Complementary to Medicine referred to in article 28; "professional experience" means the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Member State; "Professional secret" or "secret" shall have the same meaning as assigned to it in the Professional Secrecy Act; "professional traineeship" means a period of professional practice carried out under supervision provided it constitutes a condition for access to a regulated profession, and which can take place either during or after completion of an education leading to a diploma; "qualified person" shall have the same meaning as that given under the Medicines Act; "regulated education and training" means any training which is specifically geared to the pursuit of a given profession and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional practice. The structure and level of the professional training, probationary or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the authority designated for that purpose; "regulated profession" means a professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions, to the possession of specific professional qualifications; in particular, the use of a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification, shall constitute a mode of pursuit; "relevant Council" means: (a) in relation to medical practitioners and dental surgeons, the Medical Council; (b) in relation to pharmacists and pharmacy technicians, the Pharmacy Council; (c) in relation to nurses and midwives, the Council for Nurses and Midwives; and (d) in relation to the Professions Complementary to Medicine, the Council for the Professions Complementary to Medicine; "specialist" means a health care professional whose name is entered in the appropriate part of the specialist register kept by the relevant Council in accordance with this Act; HEALTH CARE PROFESSIONS "Specialist Accreditation Committee" means a committee set up under article 30; "third country" means any country other than a member state; "the Treaty" has the same meaning as is assigned to it in article 2 of the European Union Act. 3.

(1)No person shall practise a health care profession unless he fulfils the conditions for the taking up and pursuit of that health care profession in Malta, in accordance with the provisions of this Act.

(2)(

a)A person shall only be entitled to use a professional title if he fulfils the conditions set by the relevant Council for taking up and pursuit, in Malta, of the healthcare profession to which the title refers. Practice of a health care profession and use of professional title. Amended by: III. 2004.13; L.N. 27 of 2008. (
b)The titles referred to in paragraph (
a)are: (
i)(
ii)(iii) (
iv)(
v)(
vi)medical practitioner dental surgeon midwife nurse pharmacy technician pharmacist.

(3)Healthcare professionals registered with any of the relevant Councils shall be legally entitled to use those academic titles conferred on them in the home Member State, and possibly an abbreviated form thereof, in the language of the home Member State as long as that title is followed by the name and address of the establishment or examining board which awarded it.

(4)In those cases where an academic title of the home Member State is liable to be confused with a title which in Malta requires supplementary training not acquired by the professional, then the relevant Council may require the professional to use the academic t it l e o f t he h o m e M e m b e r St a t e in a n ap p r o p r i a t e f o r m , a s prescribed by the Council. 4. It shall not be lawful for a health care professional to practise any two or more of the health care professions concurrently: Concurrent practice. Provided that, the Minister may, upon a recommendation of the relevant Council or Councils, prescribe the circumstances in which any health care professional may practise more than one health care profession concurrently. 5.

(1)Health care professionals shall, in the practice of their profession, be subject to special supervision by the relevant Council.

(2)For the purposes of this Act, "special supervision" means the supervision, by the relevant Council, of the professional and ethical standards as prescribed by the relevant Council established under this Act, over the respective health care professional. Health care professions subject to supervision. Procedure of relevant Councils. HEALTH CARE PROFESSIONS 6.

(1)The procedure and other rules relating to Councils set out in the First Schedule shall apply to and be followed by the Medical Council, the Pharmacy Council, the Councils for Nurses and Midwives and the Council for the Professions Complementary to Medicine and by each of the Specialist Accreditation Committees.

(2)Where not otherwise provided in the First Schedule or in the Rules of Procedure that may be prescribed, each of the Councils and Committees referred to in sub-article

(1)may regulate its own procedures. PART II MEDICAL PRACTITIONERS AND DENTAL SURGEONS Conditions to practise as a medical practitioner. 7.

(1)No person shall practise as a medical practitioner unless he holds a licence for that purpose issued by the President of Malta.

(2)No person shall qualify for a licence to practice as a medical practitioner unless (

a)he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta; (
b)he is of good conduct; and (
c)his name is entered in the Medical Register, in accordance with article 11.

(3)Notwithstanding the provisions of sub-article

(1), a person who has qualified for the degree of Doctor of medicine and surgery of the University of Malta, or a person who is so required to do in virtue of the provisions of article 11

(1)(c), may practise as a house physician and, or surgeon in a government hospital or other hospital recognized for such purpose by the Medical Council, and in the performance of the duties assigned to him in that capacity such person shall, for all purposes of law, be deemed to be a medical practitioner.

(4)In regard to any person exercising the medical profession as provided in sub-article

(3), the functions of the Medical Council under article 32 shall include the power to inflict any penalty applicable to medical practitioners and to order that such person shall not practise the medical profession even as a house physician an d, o r su rg eon in a g ove rnm en t h ospi tal or o ther h ospi tal recognized by the Medical Council for the purpose, and that his name shall not be entered in the Medical Register; and where any such order has been made, it shall, for the purposes of this Act, have effect as if the name of such person had been erased from the said Register. Conditions to practise as dental surgeon. 8.

(1)No person shall practise as a dental surgeon unless he holds a licence for that purpose issued by the President of Malta.

(2)No person shall qualify for a licence to practise as a dental surgeon unless - HEALTH CARE PROFESSIONS (

a)he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta; (
b)he is of good conduct; and (
c)his name is entered in the Register of Dental Surgeons referred to in article 12. 9. There shall be a Council to be called the Medical Council, which shall consist of the following members: The Medical Council. (
a)a President appointed by the Prime Minister, from among legal practitioners; (
b)one licensed medical practitioner appointed by the Prime Minister; (
c)one licensed medical practitioner appointed by the University of Malta; (
d)one licensed dental surgeon appointed by the Prime Minister; (
e)five licensed medical practitioners elected from amongst and by all medical practitioners, at least one of whom must be a hospital-based specialist and another a general practitioner; (
f)two licensed dental surgeons elected from amongst and by all dental surgeons; and (
g)two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister. 10.

(1)The functions of the Medical Council shall be: (

a)to recommend to the President of Malta the granting of licences to medical practitioners and dental surgeons to practise their profession; (
b)to recommend to the President of Malta the withdrawal of licences in respect of any medical practitioner or dental surgeon, in accordance with Part VII of this Act; (
c)to keep, publish and update registers in respect of the medical and dental professions, and specialist registers of the medical and dental professions as may be prescribed; (
d)to prescribe and maintain professional and ethical standards for the medical and dental professions; (
e)to inform the Member State of origin or the Member State from which a foreign national comes, of any serious matter which occurred outside their territory, prior to the establishment of that person in Malta and which is likely to effect the taking up of the activity of any of the professions regulated by it in Malta; (
f)to verify the accuracy of facts communicated to it by other Member States, determine the nature and extent of any investigation to be made pursuant thereto, and Functions of the Medical Council. Amended by: III. 2004.14. HEALTH CARE PROFESSIONS to inform such Member States of any action taken with regards to any certificates or documents issued by them; (
g)to ensure the confidentiality of information fowarded to other Member States; (
h)to forward to any Member State concerned all information regarding measures taken in respect of healthcare professional as well as regarding any criminal penalty imposed on such professionals; (
i)to levy such fees, from its registered medical practitioners and dental surgeons, for initial registration and yearly retention fees thereafter, as may be prescribed in consultation with those associations representing the majority of medical practitioners and dental surgeons respectively, and any other body which is deemed appropriate by the Council; (
j)at the request of the Minister, or otherwise, to advise the Minister on any matter affecting the medical and dental professions; (
k)to perform any other function that may be assigned to it by this Act or any other law.

(2)The Medical Council may set up committees for the purpose of enforcing professional and ethical standards applicable to the health care professions regulated by it and generally in order to better perform its functions.

(3)Subject to any rules made for it by the Medical Council or to any rule that may be prescribed, any committee established under sub-article

(2)may regulate its own procedure.

(4)The Medical Council shall publish an annual activity report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council during the year. Medical Register. Amended by: III. 2004.15; L.N. 27 of 2008. 11.

(1)The Medical Council shall keep a register, in this Act referred to as "the Medical Register", in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State or of a person who benefits from the provisions of Article 11 of Regulation 1612/68 EEC or of a person who has been established in a Member State, who holds (

a)the degree of Doctor of Medicine and Surgery from the University of Malta: Provided that the Medical Council shall not enter such name unless the applicant, upon qualifying for such degree, has served as a house physician and, or surgeon in a government hospital or other hospital recognized for that purpose by the Medical Council for a period of one or two years as the Minister may prescribe; or HEALTH CARE PROFESSIONS (
b)any of the qualifications listed in Second Schedule, Parts Ia, Ib, Ic, Id; or (
c)a qualification recognised for the purpose by a Member State, obtained from a University College, or Medical School: Provided that in respect of applicants coming from third countries, whose qualifications have not been recognised in a Member State, the Medical Council may, in respect of such qualifications, require the applicant to sit for and pass a professional and linguistic proficiency test, and may also require that he serves as house physician and, or surgeon in a hospital recognized for the purpose by the Medical Council, for such period, being not longer than two years, as the Minister may prescribe, and the provisions of article 7

(3)and

(4)shall apply to a person required in virtue of this proviso to serve as a house physician or surgeon as if such person were the person referred to in those sub-articles.

(2)The Medical Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Medical Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree of Doctor of Medicine and Surgery of the University of Malta or a qualification listed in Second Schedule Parts Ia, Ib, Ic, Id or any other qualification recognised for that purpose by the Medical Council.

(3)The Medical Council shall keep a list of provisional registration in which shall be entered, upon an application to this effect by the person concerned, the name of every person who holds the degree of Doctor of Medicine and Surgery from the University of Malta or a qualification recognized by the Medical Council obtained from any other university, college or medical council, and who is serving as a house physician and, or surgeon at a hospital recognized by the Medical Council in terms of this Act.

(4)The Medical Council may require the competent authorities in a Member State to confirm the authenticity of diplomas, certificates and other evidence of formal qualification purporting to be issued in such Member States as well as to confirm that the person concerned has fulfilled all the training requirements laid down by this Act.

(5)The Medical Council shall keep separate registers for each of the specialities listed under the Fifth Schedule. 12.

(1)The Medical Council shall keep a register, in this Act referred to as "the Register of Dental Surgeons", in which, following an application to this effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State, or of a person who benefits from the provisions of Article 11 of Regulation 1612/68 EEC or of a person who has been established in a Member State who holds - Register of Dental surgeons. Amended by: III. 2004.16; L.N. 27 of 2008; XVIII.2022.12. HEALTH CARE PROFESSIONS (

a)a degree in Dental Surgery from the University of Malta, or; (
b)any of the qualifications listed in Second Schedule Part IIa; or; (
c)a qualification recognised for the purpose by a Member State, obtained from a university, college or medical school: Provided that in respect of applicants coming from third countries whose qualifications have not been recognised in a Member State, the Medical Council may, in respect of such qualifications, require the applicant to sit for and pass a professional and linguistic proficiency test.

(2)The Medical Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree in Dental Surgery of the University of Malta or a qualification listed in Second Schedule, Part IIa or any other qualification recognised by the Medical Council for the purpose.

(3)The Medical Council may require competent authorities in a M e m b e r St a t e s t o c o n f i r m t h e a u t h e n t i c i t y o f d i p l o m a s , certificates and other evidence of formal qualifications issued in such Member State, as well as to confirm that the person concerned has fulfilled all the training requirements laid down by this Act.

(4)Notwithstanding the provisions of sub-article

(1)the Medical Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered for a period not exceeding one year the name of any citizen of Malta or of a Member State who has qualified for the qualifications listed in paragraphs (a) or (b) or, subject to the provisions of the proviso thereto, of paragraph (c) of sub-article

(1)but has not yet obtained such qualification.

(5)For the purposes of this Act the professional activities of d ent al surgeo n shal l in clu de the p rev ent io n, d iag no sis and treatment of anomalies and diseases effecting the teeth, mouth, jaws and adjoining tissue having due regard to the regulatory provisions and rules of professional ethics on the reference dates referred in Part IIa of the Second Schedule.

(6)For the purposes of this Act, the professional activities of dental surgeon are those defined under the preceding sub-article and pursued under the professional qualifications listed in Part IIa of the Second Schedule.

(7)The profession of dental practitioner shall be based on dental training referred to in sub-article

(1)and shall constitute a specific profession which is distinct from other general or specialized medical professions. The pursuit of the activities of a dental practitioner HEALTH CARE PROFESSIONS requires the possession of evidence of formal qualifications referred to in Part I1a of the Second Schedule. Holders of such evidence of formal qualifications shall be treated in the same way as those to whom article 42A or the Sixth Schedule apply. PART III PHARMACISTS AND PHARMACY TECHNICIANS 13.

(1)No person shall practise the profession of pharmacist unless he holds a licence for that purpose issued by the President of Malta.

(2)No person shall qualify for a licence to practise as a pharmacist unless (

a)he is a citizen of Malta, or of a Member State or is otherwise legally entitled or authorised to work in Malta; (
b)he is of good conduct; (
c)his name is entered in the Register of Pharmacists referred to in article 17.

(3)Persons registered as pharmacists shall gain access and pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience: (

a)preparation of the pharmaceutical form of medicinal products; (
b)manufacture and testing of medicinal products; (
c)testing of medicinal products in a laboratory for the testing of medicinal products; (
d)storage, preservation and distribution of medicinal products at the wholesale stage; (
e)supply, preparation, testing, storage, distribution and dispensing of safe and efficacious medicinal products of the required quality in pharmacies open to the public; (
f)preparation, testing, storage and dispensing of safe and efficacious medicinal products of the required quality in hospitals; (
g)provision of information and advice on medicinal products as such, including on their appropriate use; (
h)reporting of adverse reactions of pharmaceutical products to the competent authorities; (
i)personalised support for patients who administer their medication; (
j)contribution to local or national public health campaigns.

(4)If access to or pursuit of one of the activities of a pharmacist is made contingent upon supplementary professional experience, in addition to possession of evidence of formal qualifications referred to in the Second Schedule, Part III then the Conditions to practise as a pharmacist. Amended by: L.N. 27 of 2008; XXXIV. 2016.16. HEALTH CARE PROFESSIONS Council shall recognise as sufficient proof in this regard a certificate issued by the competent authorities in the home Member State stating that the person concerned has been engaged in those activities in the home Member State for a similar period.

(5)The recognition referred to in the preceding sub-article shall not apply with regard to the two-year period of professional experience required by the Grand Duchy of Luxembourg for the grant of a State public pharmacy concession. Conditions to practise as a Pharmacy Technician. 14. No person shall practise as a pharmacy technician unless (

a)he is a citizen of Malta, or of a Member State or is otherwise legally entitled or authorised to work in Malta; (
b)he is of good conduct; and (
c)his name is entered in the Register of Pharmacy Technicians, referred to in article 18. The Pharmacy Council. Amended by: L.N. 27 of 2008. 15. There shall be a Council to be called the Pharmacy Council, and which shall consist of the following members: (
a)a President appointed by the Prime Minister, from amongst legal practitioners; (
b)one licensed pharmacist appointed by the Prime Minister; (
c)one licensed pharmacist appointed by the University of Malta; (
d)five licensed pharmacists elected from amongst and by all licensed pharmacists; (
e)one registered pharmacy technician elected from amongst all registered pharmacy technicians; (
f)two registered qualified persons, one elected from amongst all registered qualified persons and one appointed by the Prime Minister, and who shall only be required to attend Council sittings when the matter under discussion relates to their profession; (
g)two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister: Provided that, when the Pharmacy Council is discussing pharmacy technicians or deciding on any matter relating to a pharmacy technician, there shall also sit on the Pharmacy Council two other pharmacy technicians, one of whom being elected from amongst and by all pharmacy technicians and the other appointed by the Prime Minister. Functions of the Pharmacy Council. Amended by: III. 2004.17; L.N. 27 of 2008. 16.

(1)The functions of the Pharmacy Council shall be: (

a)to recommend to the President of Malta the granting of licences to pharmacists to practise their profession; (
b)to recommend to the President of Malta the withdrawal of licences in respect of any pharmacist in accordance HEALTH CARE PROFESSIONS with article 38; (
c)to keep, publish and update registers in respect of the pharmaceutical profession, and specialist registers of the pharmaceutical profession as may be prescribed, as well as registers for special areas of practice, as may be determined by the Pharmacy Council; (
d)to prescribe and maintain professional and ethical standards for pharmacists and pharmacy technicians and qualified persons; (
e)to inform the member State of origin or the Member State from which a foreign national comes, of any serious matter which occurred outside their territory, prior to the establishment of that person in Malta, and which is likely to effect the taking up of the activity of any the professions regulated by it in Malta; (
f)to verify the accuracy of the facts communicated to it by other Member States, determine the nature and extent of any investigation to be made pursuant thereof and inform such Member State of any action taken with regard to the certificates or documents issued by them; (
g)to ensure the confidentiality of information forwarded to other Member States; (
h)to forward to any Member State concerned all the information regarding measures taken in respect of a healthcare professional as well as regarding any criminal penalties imposed on such professional; (
i)to levy such fees, from registered pharmacists and pharmacy technicians, for initial registration and yearly retention fees thereafter, as may be prescribed in consultation with such associations as appropriate; (
j)at the request of the Minister or otherwise, to advise the Minister on any matter affecting the pharmaceutical profession, either on its own accord or as referred to it by the Minister.

(2)The Pharmacy Council may set up committees for the purposes of enforcing professional and ethical standards applicable to pharmacists and pharmacy technicians, and generally in order top better perform its functions.

(3)Subject to any rules made for it by the Pharmacy Council or to any rule that may be prescribed, any committee established under sub-article

(2)may regulate its own procedure.

(4)The Pharmacy Council shall publish an annual activity report, not later than the end of the first quarter of the year reported upon, containing a statement of the activities carried out or pursued by the Council during the year. Register of Pharmacists. Amended by: III. 2004.18; L.N. 27 of 2008. HEALTH CARE PROFESSIONS 17.

(1)The Pharmacy Council shall keep a register, in this Act referred to as "the Register of Pharmacists" in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State or of a person who benefits from the provisions of Article 11 of Regulation 1612/68 ECC or of a person who has been established in a Member State who holds (

a)a degree in pharmacy from the University of Malta; or (
b)a qualification listed in Second Schedule Part III; or (
c)a qualification recognised for the purpose by a Member State obtained from a University, College or recognised institution: Provided that in respect of an applicant coming from a third country, whose qualifications have not been recognised in a Member State, the Pharmacy Council may in respect of such qualification, require the applicant to sit for an pass a professional and linguistic proficiency test and may also require that the applicant under goes further training in pharmacy in a pharmaceutical establishment recognised for the purpose by the said Council.

(2)The Pharmacy Council shall, following an application to that effect by the person concerned, keep a register in which, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, shall be entered the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree in Pharmacy of the University of Malta or a qualification listed in Part III of the Second Schedule or any other qualification recognised by the Pharmacy Council.

(3)(

a)The Pharmacy Council may require competent authorities in a Member State to confirm the authenticity of diplomas, certificates and other evidence of formal qualifications issued in such Member State, as well as to confirm that the person concerned has fulfilled all the training requirements laid down by national law. (
b)Diplomas, certificates and other evidence of formal qualifications in Pharmacy which were awarded to nationals of Member States by Member States and which do not satisfy all the minimum training requirements laid down under national law, shall be treated as diplomas satisfying these requirements if they are evidence of training which has completed before the implementation of Directive 85/432/EEC or they are evidence of training which was completed after but which was commenced before the implementation of the said Directive, and in each case if they are accompanied by a certificate stating that the holder thereof has been effectively and lawfully occupied as a pharmacist in a Member State for at least three consecutive years during the five years preceding HEALTH CARE PROFESSIONS the award of the certificate and provided further that such an act and activity is regulated in that State.

(4)Notwithstanding the provisions of sub-article

(1)the Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered for a period not exceeding one year the names of any citizen of Malta, or of a Member State who has qualified for the qualifications listed in paragraphs (a) or (b) or, subject to the provisions of the proviso thereto, of paragraph (c) of sub-article

(1)but has not yet obtained such qualification. 18.

(1)The Pharmacy Council shall keep a register, in this Act referred to as the "Register of Pharmacy Technicians", in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State who holds - Register of Pharmacy Technicians. Amended by: III. 2004.19. (

a)such qualification in the practice of the profession of pharmacy technician as may be prescribed obtained from the University of Malta or from a training institution recognised by the Pharmacy Council; or (
b)an equivalent qualification obtained from a University, College or training institution within a Member State; or (
c)any other qualification recognized by the said Council: Provided that the Pharmacy Council may, in respect of such qualification, require the applicant to sit for and pass a professional and linguistic proficiency test.

(2)For the purposes of sub-article

(1)(b), the provisions of the Mutual Recognition of Qualifications Act, and of any regulations made thereunder, shall apply in respect of education and training qualifications, evidence of professional experience, adaptation period and aptitude test.

(3)The Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds a qualification described in sub-article

(1)(a), (b) or (c).

(4)Notwithstanding the provisions of sub-article

(1)the Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned, shall be registered for a period not exceeding one year the names of any citizen of Malta or of a Member State who has qualified for the qualifications listed in paragraphs (a) or (b) or, subject to the provisions of the proviso thereto, in paragraph (c) of sub-article

(1), but has not yet obtained such qualification. Register of Qualified Persons. Added by: L.N. 27 of 2008. HEALTH CARE PROFESSIONS 18A.

(1)The Pharmacy Council shall keep a register, in this Act referred to as "the Register of Qualified Persons", in which, following an application to that effect by the person concerned, shall be entered the name of any citizen of Malta, or of a Member State who holds: (

a)such qualification in the practice of the profession of qualified person as may be prescribed in the Medicines Act or regulations made thereunder; or (
b)an equivalent qualification obtained from a university, college or training institution within a Member State.

(2)The Pharmacy Council shall keep a register in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Pharmacy Council may deem necessary, the name of every person, not being a citizen of Malta or of a Member State, who holds a qualification described in sub-article

(1)(a) or (b).

(3)Notwithstanding the provisions of sub-article

(1), the Pharmacy Council shall keep a register in which following an application to that effect by the person concerned, shall be entered, for a period not exceeding one year, the name of any citizen of Malta or of a Member State who has qualified for the qualifications listed in paragraph (a) or (b) but has yet not obtained such qualification. PART IV NURSES AND MIDWIVES Conditions to practise midwifery profession. Amended by: L.N. 27 of 2008. 19.

(1)No person shall practice the midwifery profession unless he holds a licence for that purpose issued by the President of Malta.

(2)No person shall qualify for a licence to practise as a midwife unless (

a)he is a citizen of Malta or of a Member State is otherwise legally entitled or authorised to work in Malta; (
b)he is of good conduct; and (
c)he is entered in the Register of Midwives, referred to in article 23. Conditions to practise nursing profession. Amended by: L.N. 27 of 2008. 20.

(1)Without prejudice to the provisions of sub-article

(2), no person shall practise the nursing profession unless (

a)he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta; (
b)he is of good conduct; and (
c)his name is entered in any part of the Register of Nurses, referred to in article 24.

(2)(

a)No second level registered nurse may practise his HEALTH CARE PROFESSIONS profession unless under the supervision of a first level registered nurse or, in the absence of a first level registered nurse, under the direction of a medical practitioner. (
b)It shall not be lawful for a person whose name is entered in a special part, but not in Part I of the Register of Nurses, to practise the nursing profession except in the special area in respect of which he is registered or as a second level registered nurse outside the special area in respect of which he is registered.

(3)For the purposes of this Act, the professional activities of nurses responsible for general care shall be those activities pursued on a professional basis and referred to in Part V of the Second Schedule. 21. There shall be a Council to be called the Council for Nurses and Midwives, which shall consist of the following members: The Council for Nurses and Midwives. (

a)a President appointed by the Prime Minister, from amongst legal practitioners; (
b)the Director of Nursing Services, ex officio; (
c)one first level registered nurse appointed by the Prime Minister; (
d)one licensed midwife appointed by the Prime Minister; (
e)five registered nurses elected from amongst and by all nurses, one of whom shall be a second level registered nurse and another shall be a nurse whose name is entered in any of the special parts of the Register of Nurses; (
f)two licensed midwives elected from amongst and by all midwives; and (
g)two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister. 22.

(1)The functions of the Council for Nurses and Midwives shall be: (

a)to recommend to the President of Malta the granting of licences to midwives to practise their profession; (
b)to recommend to the President of Malta the withdrawal of licences in respect of any midwife in accordance with article 38; (
c)to keep, publish and update registers in respect of the nursing and midwifery professions; and specialist registers of the nursing and midwifery professions as may be prescribed as well as registers of special areas of practice as may be determined by the Council for Nurses and Midwives; (
d)to prescribe and maintain professional and ethical Functions of the Council for Nurses and Midwives. Amended by: III. 2004.20. HEALTH CARE PROFESSIONS standards for the nursing and midwifery professions; (
e)to inform the Member State of origin or the Member State from which the foreign national comes, of any serious matter which occurred outside Malta, prior to the establishment of that person in Malta, and which is likely to effect the taking up of the activity of any of the professions regulated by it in Malta; (
f)to verify the accuracy of the facts communicated to it by other Member States, decide the nature and extent of any investigation to be made pursuant thereto and inform such Member State of any action taken with regard to the certificates or documents issued by them; (
g)to ensure the confidentiality of all the information forwarded to other Members States; (
h)to forward to any Member State concerned all the information regarding measure taken in respect of a healthcare professional as well as regarding any criminal penalties imposed on such profession; (
i)to levy such fees, from registered nurses and midwives, for initial registration and yearly retention fees thereafter, as may be prescribed, in consultation with such associations as appropriate; (
j)at the request of the Minister or otherwise, to advise the Minister on any matter affecting the nursing and midwifery professions; (
k)to perform any other function that may be assigned to it by this Act or any other law.

(2)The Council for Nurses and Midwifery may set up committees for the purposes of enforcing professional and ethical standards applicable to nurses and midwives and generally in order to better perform its functions.

(3)Subject to any rules made for it by the Council for Nurses and Midwives or to any rule that may be prescribed, any committee established under sub-article

(2)may regulate its own procedure.

(4)The Council for Nurses and Midwives shall publish an annual activity report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council for Nurses and Midwives during the year. Register of Midwives. Amended by: III. 2004.22; XIII. 2005.81; L.N. 27 of 2008; XXXIV. 2016.17. 23.

(1)The Council for Nurses and Midwives shall keep a register, in this Act referred to as "the Register of Midwives" in which upon an application to that effect by the person concerned shall be entered the name of any citizen of Malta, or of a Member State or a person who benefits from the provisions of Article 11 of Regulation 1612/68/EEC or person who has been established in a Member State who satisfies one of the following criteria (

a)the degree or diploma in midwifery studies from the University of Malta, or the equivalent midwifery qualification granted by the School of Nursing; or HEALTH CARE PROFESSIONS (
b)(
i)full-time training of at least three years as a midwife, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 4,600 hours of theoretical and practical training, with at least one third of the minimum duration representing clinical training; (
ii)full-time training as a midwife of at least two years, which may be expressed with the equivalent ECTS credits, consisting of at least 3,600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in Part V of the Second Schedule; (iii) full-time training as a midwife of at least 18 months, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3,000 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in Part V of the Second Schedule and followed by one year’s professional practice for which a certificate has been issued in accordance with paragraph (c); (
c)the Council shall issue the certificate which shall certify that the holder, after obtaining evidence of formal qualifications as a midwife, has satisfactorily pursued all the activities of a midwife for a corresponding period in a hospital or a health care establishment approved for that purpose; (
d)a qualification in midwifery recognised for the purpose by a Member State, obtained from any other university, college or midwifery school recognised by a Member State; (
e)in those cases where nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications as obstetrics-gynaecology nurse (asistent medical obstetrica-ginecologie) were awarded by Romania before the date of accession and which do not satisfy the minimum training requirements laid down by Article 1 of Directive 80/ 155/EEC, the relevant Council shall recognise the said diplomas, certificates and other evidence of formal qualifications as being sufficient proof for the purposes of carrying out the activities of midwife, if they are accompanied by a certificate stating that those Member States nationals have effictively and lawfully been engaged in the activities of midwife in Romania, for at least five consecutive years during the seven years prior to the issue of the certificate.

(2)In respect of applicants coming from third countries, whose qualifications have not been recognised in a Member State, the Council may, in respect of such qualification require that the HEALTH CARE PROFESSIONS applicant sits for and passes in a professional and linguistic proficiency test.

(3)The Council for Nurses and Midwives shall keep a register i n w h i c h , u p o n a n a p p l i c a t i o n t o t h a t e ff e c t b y t h e p e r s o n concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council for Nurses and Midwives may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds t he deg re e or d ip lo ma in m id wi fer y stu di e s g ran te d b y the University of Malta, or the equivalent qualification granted by the School of Nursing or a qualification listed in Part IV of the Second Schedule or any other qualification recognised by the Council for Nurses and Midwives.

(4)Notwithstanding the provisions of sub-article

(1), the Council for Nurses and Midwives shall keep a register in which, following an application to that effect by the person concerned, these shall be registered for a period not exceeding one year the names of any citizen of Malta or of a Member State who has qualified for the qualifications listed in paragraphs (a) or (b) or (c) or, subject to the provisions of sub-article

(2), in paragraph (d), but has not yet obtained such qualification.

(5)For the purposes of this Act, the professional activities of a midwife shall include the: (

a)provision of sound family planning information and advice; (
b)diagnosis of pregnancies and monitoring normal pregnancies; carrying out the examinations necessary for the monitoring of the development of normal pregnancies; (
c)prescribing or advising on the examinations necessary for the earliest possible diagnosis of pregnancies at risk; (
d)provision of programmes of parenthood preparation and complete preparation for childbirth including advice on hygiene and nutrition; (
e)caring for and assisting the mother during labour and monitoring the condition of the foetus in utero by the appropriate clinical and technical means; (
f)conducting spontaneous deliveries including where required episiotomies and in urgent cases breech deliveries; (
g)recognising the warning signs of abnormality in the mother or infant which necessitate referral to a doctor and assisting the latter where appropriate; taking the necessary emergency measures in the doctor’s absence, in particular the manual removal of the placenta, possibly followed by manual examination of the uterus; (
h)examining and caring for the new-born infant, the taking all initiatives which are necessary in case of HEALTH CARE PROFESSIONS need and carrying out where necessary immediate resuscitation; (
i)caring for and monitoring the progress of the mother in the post-natal period and giving all necessary advice to the mother on infant care to enable her to ensure the optimum progress of the new-born infant; (
j)carrying out treatment prescribed by doctors; (
k)drawing up the necessary written reports. 24.

(1)The Council for Nurses and Midwives shall keep a register, in this Act referred to as "the Register of Nurses", which shall consist of the following parts: (

a)Part I in respect of first level registered nurses; (
b)Part II in respect of second level registered nurses; and (
c)Special Parts in respect of nurses trained in the different special areas recognized by the Council for Nurses and Midwives.

(2)There shall be entered in the respective Part of the Register, upon an application to that effect by the person concerned (

a)in Part I of the said Register, the name of any citizen of Malta, or Member State, who holds (
i)the degree or diploma in nursing granted by the University of Malta, or the equivalent nursing qualification granted by the School of Nursing; or (
ii)a nursing qualification as listed in Part V of the Second Schedule; or (iii) a nursing qualification, obtained from any other university, college or nursing school recognized by the Council for Nurses and Midwives: Provided that the said Council may, in respect of such qualification, require the applicant to sit for and passe a professional and linguistic proficiency test; (
b)in Part II of the said Register the name of every citizen of Malta, or Member State, who (
i)holds the certificate in nursing granted by the University of Malta, or the equivalent nursing qualification granted by the School of Nursing; or (
ii)an equivalent nursing qualification recognized by the said Council: Provided that the said Council may, in respect of such qualification, require the applicant to sit for and passe a professional and linguistic proficiency test; (
c)in the respective Special Parts of the said Register the name of every citizen of Malta, or Member State, who holds - Register of Nurses. Amended by: III. 2004.23; L.N. 27 of 2008. HEALTH CARE PROFESSIONS (
i)a nursing qualification in a special area of nursing granted by the University of Malta or the equivalent nursing qualification granted by the School of Nursing; or (
ii)an equivalent nursing qualification, obtained from a university, college or nursing school within a Member State; or (iii) an equivalent nursing qualification, obtained from any other university, college or nursing school recognized by the Council for Nurses and Midwives: Provided that for the purposes of paragraph (c)(ii), the provisions of the Mutual Recognition of Qualifications Act, and of any regulations made thereunder, in respect of education and training, qualifications, evidence of professional experience, adaptation period and aptitude test, shall apply: Provided further that the said Council may, in respect of the qualification referred to in paragraph (c)(iii), where it deems appropriate, require that the applicant sits for and passes a professional and linguistic proficiency test.

(3)The Council for Nurses and Midwives shall keep separate registers as described in sub-article

(2)(a), (

b)and (
c)in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council for Nurses and Midwives may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds the degree, diploma or qualification described in each of the paragraphs of sub-article

(2).

(4)For the purposes of this article and of article 23, "School of Nursing" means the School of Nursing established under the Approved Schools Ordinance, now repealed.

(5)Notwithstanding the provisions of sub-articles

(1)and

(2), the Council for Nurses and Midwives shall keep registers as described in sub-articles

(2)(a), (

b)and (
c)in which following an application to that effect by the person concerned, shall be entered respectively the names of any citizen of Malta or of a member state who qualify for the qualifications listed in sub-paragraphs (
i)or (
ii)or, subject to the provisions of the proviso thereto, sub-paragraph (iii) of paragraph (a), the qualifications listed in sub-paragraph (
i)or subject to the provisions of the proviso thereto, sub-paragraph (
ii)of paragraph (b), and the qualifications listed in sub-paragraphs (
i)or (
ii)or, subject to the provisions of the provisos thereto, subparagraph (iii) of paragraph (
c)of sub-article

(2), but have not yet obtained such qualifications.

(6)The Council may require competent authorities of Member States to confirm the authenticity of diplomas, certificates and other evidence of formal qualifications issued in that Member State, and also a confirmation that the person concerned has fulfilled all the training requirements laid down by national law. HEALTH CARE PROFESSIONS PART V PROFESSIONS COMPLEMENTARY TO MEDICINE 25.

(1)No person shall practise any of the professions complementary to medicine unless his name is entered in the respective register kept by the Council for Professions Complementary to Medicine, in accordance with the provisions of this Act.

(2)Conditions to practise a Profession Complementary to Medicine. No person shall qualify to be so registered unless (

a)he is a citizen of Malta or of a Member State or is otherwise legally entitled or authorised to work in Malta; (
b)he is of good conduct; and (
c)his name is entered in one of the registers for the professions complimentary to medicine referred to in article 28. 26.

(1)There shall be a Council to be called "the Council for the Professions Complementary to Medicine", which shall consist of the following members: (

a)a President appointed by the Prime Minister from amongst legal practitioners; (
b)two persons from amongst the general public, who are not health care professionals, appointed by the Prime Minister; (
c)seven persons elected by and from amongst the professions regulated by the said Council: Provided that, wherever possible, no profession regulated by the said Council shall be represented by more than one member elected under this paragraph; (
d)three persons appointed by the Prime Minister from amongst the professions regulated by the Council: Provided that no profession regulated by the said Council shall be represented by more than one member appointed under this paragraph, and provided further that a profession regulated by the Council shall not be represented by a member appointed under this paragraph if it is already represented by a member elected under paragraph (c).

(2)Where the Council for the Professions Complementary to Medicine proposes to discuss matters relating to one or more of the professions complementary to medicine not represented on the Council, one of the two members of the subcommittee referred to in sub-article

(4)shall also sit on the Council for the Professions Complementary to Medicine and attend all meetings in which such matters related with the said profession are proposed and to participate but not to vote thereat.

(3)At the first meeting after its constitution, the said Council shall set up sub-committees for each of the professions regulated by Council for the Professions Complementary to Medicine. HEALTH CARE PROFESSIONS it, which shall discuss and deliberate upon specific matters pertaining to each of those professions and to report on and advise the Council thereon.

(4)Each sub-committee referred to in sub-article

(3)shall consist of the following members: (

a)a Chairman nominated by the Council from among its members, and who shall be a person who is not registered as a member of the profession for which the particular sub-committee is set up; and (
b)two members nominated by the Council and who shall be persons who are registered as members of the profession for which the sub-committee is set up. Functions of the Council for Professions Complementary to Medicine. Amended by: XIII. 2005.82; L.N. 27 of 2008. 27.

(1)The functions of the Council for the Professions Complementary to Medicine shall be: (

a)to keep, publish and update registers in respect of the Professions Complementary to Medicine, and specialist registers of the Professions Complementary to Medicine as may be prescribed, as well as registers of special areas of practice as may be determined by the said Council; (
b)to prescribe and maintain professional and ethical standards for the professions complementary to medicine; (
c)to levy such fees, from registered professionals for initial registration and yearly retention fees thereafter, as may be prescribed, in consultation with such associations as appropriate; (
d)at the request of the Minister or otherwise, to advise the Minister on any matter effecting the professions complementary to medicine; (
e)to perform any other function that may be assigned to it by this Act or any other law.

(2)The Council for the Professions Complementary to Medicine may set up committees for the purposes of enforcing professional and ethical standards applicable to the professions regulated by the Council, and in general in order to better perform its functions.

(3)Subject to any rules made for it by the Council for the Professions Complementary to Medicine or to any rule that may be prescribed, any committee established under sub-article

(2)may regulate its own procedure.

(4)The Council for the Professions Complementary to Medicine shall publish an annual activity report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement of the activities carried out or pursued by the Council for the Professions Complementary to Medicine during the year. HEALTH CARE PROFESSIONS 28.

(1)The Council for the Professions Complementary to Medicine shall keep separate registers, in respect of each of the professions complementary to Medicine listed in the Third Schedule, to be known as the Registers of Professions Complementary to Medicine, in which, following an application to this effect by the person concerned, shall be entered the name of any citizen of Malta or of a Member State, who holds - Registers of Professions Complementary to Medicine. Amended by: III. 2004.24. (

a)such qualification, as may be prescribed, obtained from the University of Malta, or from a training institution, or after following a training course organised by the Department of Health, in the profession for which a separate Register is kept; or (
b)a qualification obtained from a Member State and recognised in accordance with the Mutual Recognition of Qualifications Act, or any regulations made thereunder; or (
c)a qualification in the said profession obtained from any other university, college or school recognized by the said Council: Provided that for the purposes of such qualification, the said Council may require that the person concerned sits for and passes a professional and linguistic proficiency test.

(2)The Council for Professions Complementary to Medicine shall keep a separate register for each of the professions listed in the Third Schedule, in which, following an application to that effect by the person concerned, shall be entered, for a period not exceeding two years and subject to any condition as the Council may deem necessary, the name of every person, not being a citizen of Malta or a citizen of a Member State, who holds a degree, diploma or qualification referred to in sub-article

(1)(a), (b) and (c).

(3)Notwithstanding the provisions of sub-article

(1)the Council for the Professions Complementary to Medicine shall keep a separate register for each of the professions listed in the Third Schedule, in which shall be registered, following an application to that effect by the person concerned, the names of any citizen of Malta or of a Member State who has qualified for the qualifications referred to in paragraphs (a) or (b) or, subject to the provisions of the proviso thereto, paragraph (c) of sub-article

(1), but who have not yet obtained such qualification. PART VI SPECIALISTS 29.

(1)No person shall practise as, or hold out himself to be, a specialist unless his name is entered in the respective register kept for the registration of specialists by the relevant Council: Provided that a dentist shall be entitled to practice in all fields of dentistry insofar as he holds a licence issued for that purpose by the President of Malta and his name is entered in the Specialists. Amended by: XIII. 2005.77; L.N. 27 of 2008. HEALTH CARE PROFESSIONS Council’s Principal Register of Dental Surgeons.

(2)It shall not be lawful for any person to assume, whether in writing or otherwise, any title or use, or be party to the use of any description implying that he is a specialist in any of the specialities of the professions regulated by this Act unless his name in entered in the register kept for the registration of specialists by the relevant Council.

(3)A healthcare professional, who is a citizen of Malta or of a Member State, or a person otherwise legally entitles or authorised to work in Malta, and who fulfils the conditions for the taking up and pursuit of a speciality in Malta, shall be entitled to use his lawful professional and academic title or titles, as the case may be, and where appropriate, the abbreviation thereof deriving from their country of origin or the country from which they come, in the language of that country.

(4)Each relevant Council shall keep separate registers in which shall be entered, following an application to that effect by the person concerned, the name of every health care professional regulated by it who (

a)is in possession of a certificate issued by the Specialist Accreditation Committee for the relevant profession, which shows that he has completed the prescribed specialist training for such speciality as may be prescribed; or (
b)is in possession of a specialist qualification listed in Part Ia and Ib of the Second Schedule; or (
c)is in possession of any specialist qualification recognized by the Specialist Accreditation Committee for the relevant profession: Provided that the Specialist Accreditation Committee shall deem as being in possession of the qualification concerned any professional who, being a citizen of Malta or of a Member State, and whose qualifications in the speciality do not satisfy the minimum prescribed qualifications, but who is in possession of a certificate issued by the competent authority in a Member State of which he is a citizen or of the Member State from which the person comes stating that such person has been engaged in the specialised area of the profession concerned for a period which is such period of training that is prescribed for the speciality. Specialist Accreditation Committees. Amended by: XIII. 2005.78. 30.

(1)There shall a Specialist Accreditation Committee for each of the following professions: (

a)for medical practitioners; (
b)for dental surgeons; (
c)for pharmacists; (
d)for nurses and midwives; (
e)for professions complementary to medicine.

(2)Each Specialist Accreditation Committee shall be composed of the following members, each of whom shall be HEALTH CARE PROFESSIONS registered with the relevant Council as a member of the relevant profession, as follows: (

a)one member appointed by the relevant Council; (
b)one member, not being a member of the relevant Council, appointed by the Dean of the relevant Faculty or Director of the relevant Institute of the University of Malta; (
c)one member, not being a member of the relevant Council, appointed by the Superintendent of Public Health; (
d)one member, not being a member of the relevant Council, appointed by each of the relevant professional associations.

(3)The members of a Specialist Accreditation Committee shall, every three years, elect a Chairman from among themselves.

(4)The members of the Specialist Accreditation Committee shall be so appointed for a term of three years, and may be reappointed for a further term or terms.

(5)If by reason of resignation or for any other reason any member of a Specialist Accreditation Committee ceases to be a member, it shall be the duty of the body or association which appointed that member, to appoint another member in his stead.

(6)(

a)The functions of Committee shall be: each Specialist Accreditation (
i)to issue certificates of completion of specialist training in the specialities listed in the relevant part of the Fifth Schedule, upon the fulfilment of criteria recommended by the relevant professional associations listed in the Fourth Schedule within three months form the date of receipt of the application or from the day any documentation which the Committee may request, whichever is the later; (
ii)to advise the Minister and the relevant Council on issues concerning specialist training and registration, and any other matter that may be referred to it; (iii) to act as the advisory body for training in any of the special areas of practice; (
iv)to accredit post-graduate training programmes; (
v)to levy such fees for accreditation, as may be prescribed. (
b)Each Specialist Accreditation Committee shall publish an annual report, not later than the end of the first quarter of the year following the end of the year reported upon, containing a statement on the activities carried out or pursued by the Committee during the year.

(7)Where a citizen of a Member State, who wishes to acquire a HEALTH CARE PROFESSIONS specialist qualification, is required to fulfil such conditions of training that may be prescribed, the relevant Specialist Accreditation Committee shall take into account, in whole or in part, periods of training completed by that person and attested by a qualification awarded by the state of which that person is a citizen, as well as any professional experience, additional training and continuing education which such person possesses.

(8)The Specialist Accreditation Committees shall regulate their own procedure.

(9)For the purposes of this article (

a)"relevant professional association" means an association which is recognised by the Minister as fulfilling the requirements of Part I of the Fourth Schedule; (
b)"speciality" is such speciality as is listed in the Fifth Schedule or as may be prescribed. PART VII DISCIPLINARY ACTION, OFFENCES AND ERASURE OF NAMES Disciplinary action by relevant Council. Amended by: XXXIII.2025.3. 31.

(1)The relevant Council shall have the power, either on the complaint of any person or of its own motion, to investigate and subsequen tly, if it deem s i t necessary, i nitiate disci plinary proceedings before the Disciplinary Committee in respect of alleged professional misconduct or alleged breach of ethics by a health care professional falling under its supervision: Provided that the relevant Council shall conclude its investigation on the conduct of the health care professional within three

(3)months from receipt of the complaint or from the date when the relevant Council decides to conduct an investigation of its own motion, which period may be extended if the matter so merits, or if the investigation could not be concluded earlier, through no fault of the relevant Council, for a further period of three

(3)months..

(2)Any investigation under sub-article

(1)into the misconduct or other failure in terms of article 32

(1)(

b)and (
c)shall be barred by the lapse of two years which shall run from the day from which the complainant or any of the complainants become or ought to have become aware of the facts or incidents that give rise to the complaint and in any case by the lapse of ten years from the date on which the alleged fact or incident was committed.

(3)The period of limitation referred to in sub-article

(2)may be interrupted by any act of the investigation served on the party being investigated. S.L. 464.20.

(4)The disciplinary proceedings referred to in sub-article

(1)before the Disciplinary Committee established in accordance with the Disciplinary Proceedings Regulations shall be concluded within a period of one

(1)year from the date of filing of the application by the relevant Council before the Disciplinary Committee and no adjournment beyond the said period of one

(1)year shall be permitted except for HEALTH CARE PROFESSIONS exceptional reasons to be recorded by the Disciplinary Committee.

(5)For the purposes of the foregoing provisions of this article, "complainant" includes any person making a complaint to a relevant Council even though such person is not the injured party. 31A.

(1)An offence shall not be committed against article 257 of the Criminal Code nor shall there be a breach of the Professional Secrecy Act by any person disclosing in good faith a professional secret or secrets to the extent that such disclosure is proportionate and reasonably required: Disclosure of secret information. Added by: XXXIII.2025.4. (

a)to the relevant Council for the purposes of filing a complaint, or in connection with an investigation that shall be, or that is being carried out by the relevant Council in terms of article 31; or (
b)before the Disciplinary Committee during the course of, or in connection with disciplinary proceedings before the Disciplinary Committee.

(2)The relevant Council may order the disclosure of secret information by any person bound by professional secrecy in connection with an investigation that shall be, or that is being carried out by the relevant Council.

(3)The Disciplinary Committee may order the disclosure of secret information by any person bound by professional secrecy during, or in connection with disciplinary proceedings before the Disciplinary Committee. 31B. Without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/ 46/EC (General Data Protection Regulation), as amended from time to time, the collection, use, storage and transmission of personal data: (

a)to the relevant Council for the purposes of filing a complaint before it, or in connection with an investigation that shall be, or that is being carried out by such relevant Council in accordance with article 31; and (
b)to the Disciplinary Committee during, or in connection with disciplinary proceedings before it, shall be deemed to be a necessary measure for the establishment, exercise or defence of a claim and for proceedings before the Disciplinary Committee. Processing and submission of personal data. Added by: XXXIII.2025.4. Erasure from registers by Councils on grounds of conviction or infamous conduct. Amended by: XXXIII.2025.5. HEALTH CARE PROFESSIONS 32.

(1)If after due investigation and disciplinary proceedings it is established that a health care professional: (

a)has been convicted by any court in Malta of any crime punishable by imprisonment for a term exceeding one year or of any of the crimes mentioned in articles 198 to 205 or in articles 206 to 209 of the Criminal Code; or (
b)has been guilty of professional or ethical misconduct in any respect; or (
c)in any other manner has failed to abide by the professional and ethical standards applicable to him, then the relevant Council shall adopt, as its own decision, any one or more of the following measures taken by the Disciplinary Committee: (
i)his name be erased from the appropriate register and, where appropriate, recommend to the President of Malta that the professional’s licence be withdrawn; or (
ii)his name be taken off such register for such period of time as the relevant Council may determine and, where appropriate, recommend to the President of Malta that the professional’s licence be also so suspended; or (iii) a penalty, not exceeding such amount as may be prescribed, is inflicted on the health care professional concerned; or (
iv)the health care professional concerned is cautioned; or (
v)order that the health care professional undergoes such period of training or practice of the profession under supervision for such period as the relevant Council may determine.

(2)A licence issued by the President of Malta for the practice of a health care profession shall be deemed to be suspended during such period that the name of the licensed person is deleted from the register. Saving of proceedings under other laws. Substituted by: XXXIII.2025.6. 33. Any investigation carried out by a relevant Council and any disciplinary proceedings initiated before the Disciplinary Committee shall be without prejudice to any other criminal, civil, administrative or disciplinary proceedings which may be taken against the person concerned under the provisions of any other law. Restoration of names to register. 34. Where the name of a health care professional has been erased from a register, the relevant Council may, if it thinks fit, at any time, either after an application to that effect by the person concerned or otherwise of its own motion, direct his name to be restored to the appropriate register: Provided that an application for the restoration of a name to any register shall not be made to the relevant Council (

a)before the expiration of eleven months from the date of erasure, or HEALTH CARE PROFESSIONS (
b)within a period of eleven months after such an application has been made. 35. If a relevant Council is satisfied that any entry in any r e g i s t e r ke p t b y it u nd e r t h i s Ac t h a s be e n f r a u d ul e nt l y o r incorrectly made, it may, by order in writing, direct that the entry shall be erased from such register, and where the registration has been fraudulently made, it may direct that no application by such person to have his name re-entered in the register shall be accepted before such time as the Council may direct. Fraudulent and incorrect registration. Amended by: XXXIII.2025.7. 36. *

(1)Where a relevant Council takes any decision, following a decision of the Disciplinary Council against a person in accordance with articles 32, 35 or 38, the registrar of the respective Council shall within fourteen

(14)days from the day that any such decision is taken by the relevant Council, serve the person concerned with such decision and shall within the period of twenty-one

(21)days also serve the competent authorities of each Member State with such decision. Service of decision of Council and appeal therefrom. Amended by: XXXIII.2025.8.

(2)Any decision imposed by the relevant Council shall only be enforceable upon the expiry of the term prescribed in sub-article

(4)or, in the case an appeal is filed, once the appeal decision is deemed final by the Court of Appeal (Inferior Jurisdiction).

(3)(a) Any notification required to be served in accordance with the provisions of sub-article

(1)may be served by a registered letter addressed to the person on whom it is to be served at his address on the appropriate register or at his last known address, and shall, unless the contrary is proved, be deemed to have been served not later than the third day succeeding the day when posted, and in proving service it shall be sufficient to prove that the notification was properly addressed and posted and the letter was delivered. (

b)Failing notification by registered letter as provided in paragraph (a), notification may be made by: (
i)personal service by the registrar of the relevant Council on the person concerned; or (
ii)by means of a judicial letter; or (iii) failing (
i)or (
ii)by the publication of the decision in the Gazette.

(4)At any time within thirty

(30)days from the date of service in accordance with sub-article

(3), the person concerned may appeal to the Court of Appeal (Inferior Jurisdiction) constituted in accordance with article 41

(9)of the Code of Organization and Civil Procedure, on points of fact and law.

(5)The Rule-Making Board established under article 29 of the Code of Organizat ion and Civ il Proced ure may m ake rules concerning appeals under this article and prescribe the fees to be paid on such appeals.

(6)The Minister responsible for Justice may, after consulting *Vide Article 11 of Act XXXIII of 2025. HEALTH CARE PROFESSIONS the Minister, prescribe fees to be charged by the registrar of the court in connection with such appeals.

(7)The President of the respective Council shall appear as respondent on any appeal under this article in representation of the Council.

(8)Any costs or fees payable by the President of the Council in connection with any appeal under this article shall be paid by the Government in the same manner as costs or fees payable by it in a case to which it is a party.

(9)The Court of Appeal (Inferior Jurisdiction) shall without delay, appoint a date for the hearing of the appeal which date shall in no case be later than three

(3)months from the date of the filing of the said appeal.

(10)The Court of Appeal (Inferior Jurisdiction) shall hear and decide the appeal within six

(6)months from the date fixed for the first hearing of the appeal. No adjournment beyond the said six

(6)months shall be granted except either with the consent of both the appellant and the respondent or for an exceptional reason to be recorded by the Court, and such adjourned date shall not be later than that justified by any such reason. Summoning of witnesses. 37.

(1)The President of the relevant Councils in any proceedings under articles 31, 34, 35, and 38 shall have power to summon any person to appear before the relative Council as witness to give evidence on oath and to produce documents and for these purposes they shall have the powers which are conferred by law on the First Hall of the Civil Court.

(2)Every summons shall be signed by the President of the relative Council, and may be served either personally or by registered post, and in the latter case, in proving service, it shall be sufficient to prove that the summons was properly addressed and posted.

(3)The oath referred to in sub-article

(1)shall be administered by the President of the relative Council, or in his absence, by the person acting as Chairman.

(4)A relevant Council may appoint experts to assist it in its functions. Erasure from register or list of provisional registration on ground of infirmity. Amended by: XXXIII.2025.9. 38.

(1)If after due investigation and disciplinary proceedings it is found by the Disciplinary Committee that any health care professional is unfit to continue to practise his profession on account of some physical or mental infirmity, the relevant Council shall order that his name be erased from the appropriate register.

(2)Without prejudice to the provisions of sub-article

(1), a health care professional may make a request to the relevant Council to have his name erased from the appropriate register on account of some physical or mental infirmity.

(3)Any health care professional whose name is erased from the appropriate register in accordance with sub-articles

(1)and

(2)HEALTH CARE PROFESSIONS may, at any time, make a request to have his name reinstated in the appropriate register.

(4)For the purposes of sub-article

(3), the relevant Council shall, if after due investigation it is satisfied that the health care professional concerned is no longer unfit to continue to practise his profession, reinstate that health care professional with immediate effect. 38A.*

(1)The relevant Council may, during the course of an investigation, and before filing an application for the initiation of disciplinary proceedings before the Disciplinary Committee, adopt interim measures in cases of urgency due to the risk of serious and irreparable harm to the reputation and integrity of the health care profession, the well-being of the injured party or public safety generally: Provided that the relevant Council shall only adopt interim measures if it is satisfied that prima facie there appears to have been any of the grounds mentioned in paragraphs (a), (b) and (c) of article 32

(1), article 35 and article 38

(1).

(2)The decision of the relevant Council to adopt interim measures shall be enforceable immediately upon the taking of such decision. Such measures shall be without prejudice to any subsequent decision to be taken by the relevant Council.

(3)Interim measures shall be proportionate and appropriate and shall apply for a specified period of time which shall be determined by the relevant Council: Provided that the interim measures may be renewed by the relevant Council in so far as they are necessary and appropriate: Provided further that the interim measures shall cease to apply when the interim measures were adopted during the course of an investigation by the relevant Council and the relevant Council subsequently decides to take no further action and closes its investigation.

(4)The decision of the relevant Council in accordance with subarticle

(1)shall state all the facts known to it and the reasons why it deems that the adoption of interim measures is required.

(5)The decision of the relevant Council in accordance with subarticle

(1)or any extension in accordance with the first proviso to subarticle

(3)shall be served on the person concerned by the registrar of the relevant Council within two

(2)days from the date that the decision is delivered by the relevant Council.

(6)The registrar of the relevant Council shall within six

(6)days *Vide Article 11 of Act XXXIII of

Interim measures. Added by: XXXIII.2025.
HEALTH CARE PROFESSIONS from the date of the adoption of interim measures in accordance with sub-article

(1)serve the competent authorities of each Member State with any such interim measures, and the person concerned may within six

(6)days from date of service of interim measures, file a request for a reconsideration to the relevant Council stating the reasons thereof: Provided that when a request for a reconsideration is made, the relevant Council shall issue a final decision within ten

(10)days from the date of filing of the said request, which final decision shall be served on the person concerned in accordance with sub-article

(5): Provided further that in such cases, the term to file an appeal application in accordance with sub-article

(7)shall commence from the date of service of the final decision.

(7)An appeal from the interim measures adopted by the relevant Council in accordance with sub-article

(1)shall be filed by means of an application filed before the Court of Appeal (Inferior Jurisdiction) within six

(6)days from the date of service of the decision, and the relevant Council shall reply thereto within six

(6)days from the date of service of such an application.

(8)A request for reconsideration in accordance with sub-article

(6)or an appeal filed in accordance with sub-article

(7)shall not have the effect of suspending any interim measures imposed by the relevant Council.

(9)The Court of Appeal (Inferior Jurisdiction) shall decide on the application in accordance with sub-article

(7)within the shortest time possible, but not later than one

(1)month from the date of filing of the reply of the relevant Council. Penalties for certain offences. Amended by: L.N. 427 of 2007. 39. Any person who acts in contravention of the provisions of article 3

(1)or

(2)or article 29

(1)or

(2)shall be guilty of an offence and shall be liable (

a)on a first conviction, to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37), and (
b)on a second or subsequent conviction, to imprisonment for a term of not less than six months and not more than eighteen months or to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to both such fine and imprisonment. More serious offence. 40. Where the facts of an offence constitute a more serious offence under the Criminal Code or any other law, the provisions of that Code or other law shall apply in respect of that offence. Separate proceedings. 41. Proceedings by a relevant Council under this Act shall be without prejudice to the taking of criminal action on the same facts against the party liable, and criminal action on such facts shall not be an obstacle to the taking of disciplinary action by the relevant HEALTH CARE PROFESSIONS Council. PART VIII REGISTRATION OF CITIZENS OF MEMBER STATES 42.

(1)Whenever the relevant Council decides on an application for entry in any of the registers kept by the relevant Council, the Council may whilst guaranteeing the confidentiality of the information contained therein demand the documents and certificates listed under the Seventh Schedule. (

i)The documents mentioned under paragraphs (d), (
e)and (
f)of the Seventh Schedule shall not be more than three months old by the date on which they are submitted. (
ii)In case of doubt, the relevant Council may require from the competent authorities of a Member State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other Member State, as well as, where applicable, confirmation of the fact that the beneficiary fulfils the minimum training conditions set out under national law. (iii) Nonetheless in cases of doubt, where the evidence of formal qualifications has been issued by a competent authority in a Member State and includes training received in whole or in part in an establishment legally established in the territory of another Member State, the relevant Council shall be entitled to verify with the competent body in the Member State of origin of the award: (
a)(
b)(
c)(
d)(
e)whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the Member State of origin of the award; whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the Member State of origin of the award; whether the evidence of formal qualifications confers the same professional rights in the territory of the Member State of origin of the award; whether the applicant is suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of his professional activities; the relevant Council shall ensure that nationals of Member States can use appropriate equivalent wording when swearing a solemn oath or making Request for registration. Amended by: III. 2004.25. Substituted by: L.N. 27 of 2008. Amended by: XXXIV. 2016.18; XVIII.2022.3 HEALTH CARE PROFESSIONS (
f)(
g)(
h)(
i)a sworn statement in order to gain access to the regulated profession; the relevant Council shall acknowledge receipt of the application within one month of receipt and inform the applicant of any missing document; the procedure for examining an application to practise a regulated profession must be completed as quickly as possible and lead to a duly substantiated decision by the relevant Council in any case within three months after the date on which the applicant’s complete file was submitted. However, this deadline may be extended by one month in cases falling under Chapters I and II of the Professional Qualifications Directive; the decision, or failure to reach a decision within the deadline, shall be subject to appeal under Article 49; and the relevant Council shall ensure that applicants benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in Malta. The relevant Council shall ensure that any controls carried out to ensure compliance with this requirement shall be limited to the knowledge of one official language of Malta, or one administrative language of Malta provided it is also an official language of the European Union, and that controls shall be carried out only if the profession to be practised has patient safety implications or in cases where there is a serious and concrete doubt about the sufficiency of the professional’s language knowledge in respect of the professional activities which that professional intends to pursue. Any language controls shall be proportionate to the activity to be pursued and subject to appeal in terms of article 49: Provided that controls may be carried out only after the issuance of a European Professional Card in accordance with article 42F or after the recognition of a professional qualification, as the case may be.

(2)In pursuance of the foregoing provisions of this article, the relevant Council shall, in the case of refusal of registration, give a reasoned decision and inform the applicant of his right of appeal in terms of article 49.

(3)The provisions of article 49 concerning an appeal from a decision of any of the Councils in respect registration of a health care professional shall mutatis mutandis apply. HEALTH CARE PROFESSIONS

(4)(

a)Without prejudice to any provision of this Act, a national of Member State wishing to provide services in Malta, hereinafter referred to as "service provider", shall not be restricted, for any reason relating to professional qualifications, from providing such services if he: (
i)is legally established in a Member State hereinafter referred to as the "Member State of establishment" for the purpose of pursuing the same profession there; (
ii)moves to Malta to pursue his profession, on a temporary and occasional basis; (iii) has pursued that profession in one or several Member States for at least one year during the ten years preceding the provision of services when the profession is not regulated in the Member State of establishment unless either the profession or the education and training leading to the profession is regulated. (
b)The temporary and occasional nature of the provision of services shall be assessed case by case by the relevant Council, in particular in relation to its duration, its frequency, its regularity and its continuity. (
c)Where a service provider moves, he shall be subject to the same professional rules of a professional, statutory or administrative nature which are directly linked to professional qualifications, such as the definition of the profession, the use of titles and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable in Malta to professionals who pursue the same profession.

(5)(

a)A service provider established in another Member State shall be exempted from the requirements which are placed on registered professionals relating to: (
i)registration with the relevant Council provided that the service provider has been automatically temporarily registered with such Council and provided that such registration does not delay or complicate in any way the provision of services and does not entail any additional costs for the service provider. A copy of the declaration and, where applicable, of the renewal referred to in sub-article

(6), accompanied by a copy of the documents referred to in sub-article

(7)sent by the competent authority in the Member State of Establishment shall constitute automatic temporary registration or pro forma membership for this purpose; Exemptions. HEALTH CARE PROFESSIONS (ii) registration with a public social security body for the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons. The service provider shall inform in advance or, in an urgent case, afterwards the public social security body of the services which he has provided. Declaration to be made in advance if the service provider moves.

(6)(

a)Where the service provider first moves to Malta from any Member State in order to provide services, he shall inform the relevant Council in a written declaration to be made in advance including the details of any insurance cover or other means of personal or collective protection with regard to professional liability. Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services in Malta during that year. The service provider may supply the declaration by any means. Submission of the required declaration by the service provider shall entitle that service provider to have access to the service activity or to exercise that activity in the entire territory of Malta. (
b)In the case of first time provision of services in Malta or if there is a material change in the situation substantiated by the documents, the declaration shall be accompanied by the following documents: (
i)proof of the nationality of the service provider; (
ii)an attestation certifying that the holder is legally established in a Member State for the purpose of pursuing the activities concerned and that he is not prohibited from practising, even temporarily, at the moment of delivering the attestation; (iii) evidence of professional qualifications; (
iv)for cases referred to in sub-article

(4)(a)(iii), any means of proof that the service provider has pursued the activity concerned for at least one year during the previous ten years; (

v)where the relevant Council so requires for its own nationals, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions; (
vi)for professions that have patient safety implications, a declaration about the applicant’s knowledge of the language necessary for practising the profession in Malta. (
c)The service shall be provided under the professional title in accordance with the provisions of this Act. (
d)In the case of regulated professions which do not benefit from an automatic recognition of qualifications, the relevant Council may verify the professional qualifications of the service provider prior to the first HEALTH CARE PROFESSIONS provision of services. Such prior verification may be possible only where the purpose of the said verification is to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose. (
e)No later than one month after receipt of the declaration and accompanying documents, the relevant Council shall inform the service provider of its decision: (
i)not to check his professional qualifications; (
ii)having checked his professional qualifications to require him either to take an aptitude test or to allow him to provide the services. Where there is a difficulty which would result in delay in taking a decision, the relevant Council shall notify the service provider of the reason for the delay within the same deadline. The difficulty shall be solved within one month of that notification and the decision finalised within two months of resolution of the difficulty. (
f)Where there is a substantial difference between the professional qualifications of the service provider and the training required, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by the service provider’s professional experience or by knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the relevant Council shall give that service provider the opportunity to show, by means of an aptitude test, that he has acquired the knowledge, skills or competence that were lacking. The relevant Council shall take a decision on that basis on whether to allow the provision of services. In any case, it must be possible to provide the service within one month of the decision taken in accordance with the previous paragraph. (
g)In the absence of a reaction of the relevant Council within the deadlines set in the previous paragraphs, the service may be provided.

(7)(

a)The relevant Council may ask the competent authorities of the Member State of establishment, in the event of justified doubts,, for each provision of services, to provide any information relevant to the legality of the service provider’s establishment and his good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature. In the event that the relevant Council decides to c h e c k t h e s e r v i c e p r o v i d e r ’s p r o f e s s i o n a l qualifications, it may ask the competent authorities of the Member State of establishment for information about the service provider ’s training courses to the extent necessary to assess substantial differences likely Administrative cooperation. HEALTH CARE PROFESSIONS to be harmful to public health or safety. (
b)Any information requested by the relevant Council shall be in accordance with the provisions of Article 56 of the Professional Qualifications Directive. (
c)It shall be the duty of the relevant Council to ensure that the exchange of all information necessary for complaints by a recipient of a service against a service provider is correctly pursued. Recipients shall be informed of the outcome of the complaint.

(8)(

a)Upon registration by the relevant Council the applicant shall have the right to practice the same profession as that for which he is qualified in the Member State of origin and to pursue that same profession under the same conditions as Maltese nationals. (
b)For the purposes of this Act, the profession which the applicant wishes to pursue in Malta is the same as that for which he is qualified in the country of origin only if the activities covered are comparable. (
c)Partial access to a profession shall be granted under the conditions laid down in article 42H. Non-applicability of automatic recognition of formal qualifications and acquired rights. Added by: L.N. 27 of 2008. Amended by: XXXIV. 2016.19; XVIII.2022.4. 42A.

(1)Whereas in the case of (

a)doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, midwives and pharmacists who do not satisfy the requirements of effective and lawful professional practice as laid down under the Second Schedule; (
b)doctors, nurses, dental practitioners, midwives and pharmacists who, without prejudice to what is provided under the Second Schedule, hold evidence of formal qualifications as a specialist and who must follow the training leading to the possession of a title listed under the Second Schedule, and solely for the purpose of the recognition of the relevant speciality; (
c)nurses responsible for general care and specilised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of a title listed in the Second Schedule, when the migrant seeks recognition in Malta; (
d)specialised nurses without training as general care nurse, when the migrant seeks recognition of such activities as are pursued in Malta by nurses responsible for general care, specialised nurses without training as general care nurse or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in the Second Schedule; (
e)migrants in possession of evidence of formal qualifications issued by a third country and having HEALTH CARE PROFESSIONS three years professional experience in the profession concerned on the territory of that Member State which has recognised that evidence of formal qualification and certified by that member State, the provisions regarding automatic recognition of formal qualifications and acquired rights do not apply.

(2)The provisions of the preceding article shall not preclude the relevant Council from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if: (

a)the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required by the relevant Council; (
b)the regulated profession in the Malta comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and the training required in Malta covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.

(3)(a) If the host Member State makes use of the option pr ov i d e d f o r i n sub-article

(2), i t m u s t o ff e r t h e applicant the choice between an adaptation period and an aptitude test. (

b)However, for professions whose pursuit requires precise knowledge of national law and in respect of which the provision of advice and, or assistance concerning national law is an essential and constant aspect of the professional activity, the relevant Council may stipulate either an adaptation period or an aptitude test. (
c)This applies also to the cases provided for in subarticle

(1)(a), (b), (

c)and (
e)concerning doctors and dental practitioners, and sub-article

(1)(

d)when the migrant seeks recognition in Malta where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist which follows the training in the Second Schedule leading to the possession of the titles listed therein. (
d)In the cases covered by sub-article

(1)(a), the relevant Council may require an adaptation period or an aptitude test if the migrant envisages pursuing professional activities in a self-employed capacity or as a manager of an undertaking which require the knowledge and the application of the specific national rules in force, provided that knowledge and application of those rules are required by the competent authorities in Malta for access to such activities by Maltese nationals. HEALTH CARE PROFESSIONS (e) Notwithstanding the right of the applicant to choose, as laid down in paragraph (a), the relevant Council may stipulate either an adaptation period or an aptitude test in the case of: (i) a holder of a professional qualification referred to in sub-article

(5)(a), who applies for recognition of his professional qualifications where the professional qualification required in Malta is classified under sub-article

(5)(c); or (ii) a holder of a professional qualification referred to in sub-article

(5)(b), who applies for recognition of his professional qualifications where the professional qualification required in Malta is classified under sub-article

(5)(d) or (e). In the case of a holder of a professional qualification referred to in sub-article

(5)(a) who applies for recognition of his professional qualifications where the professional qualification required in Malta is classified under sub-article

(5)(d), the relevant Council may impose both an adaptation period and an aptitude test. (3A) * For the purpose of this article "substantially different matters" means matters of which knowledge, skills and competences are essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of content from the training required in Malta.

(4)(

a)If the relevant Council intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, and formally validated to that end by a relevant body, in a Member State or in a third country, is of a nature to cover, in full or in part, the substantial difference referred to in the preceding subarticle. (
b)The decision by any relevant Council imposing an adaptation or an aptitude test period shall be duly justified and shall provide the applicant with information on the level of the professional qualification required in Malta and the level of professional qualification held by the applicant in accordance with sub-article

(5), and the substantial differences referred to in sub-article

(3)and the reasons for which those differences cannot be compensated by knowledge, skills and competences acquired in the course of professional experience or through lifelong learning formally validated to that *Originally this sub-article was erroneously numbered as sub-article

(3). HEALTH CARE PROFESSIONS end by a relevant body. (c) The relevant Council shall ensure that an applicant has the possibility of taking the aptitude test referred to in sub-article

(2)not later than six months after the initial decision imposing an aptitude test on the applicant.

(5)The relevant Council shall in relation to the professions referred to in the preceding sub-regulations, for the purposes of registration, under the same conditions as apply to Maltese nationals, recognise as professional qualifications: (

a)an attestation of competence issued by a competent authority in the home Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State, on the basis of: (
i)either a training course not forming part of a certificate or diploma within the meaning of paragraphs (b), (c), (
d)or (e), or a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous ten years, (
ii)or general primary or secondary education, attesting that the holder has acquired general knowledge; (
b)a certificate attesting to a successful completion of a secondary course (
i)either general in character, supplemented by a course of study or professional training other than those referred to in paragraph (
c)and, or by the probationary or professional practice required in addition to that course, (
ii)or technical or professional in character, supplemented where appropriate by a course of study or professional training as referred to in the preceding paragraph, and, or by the probationary or professional practice required in addition to that course; (
c)a diploma certifying successful completion of (
i)either training at post-secondary level other than that referred to in paragraphs (
d)and (
e)of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition to that post-secondary course; or (
ii)regulated education and training or, in the case HEALTH CARE PROFESSIONS of regulated professions, vocational training with a special structure, with competences going beyond what is provided for in paragraph (b), equivalent to the level of training provided for under sub-paragraph (i), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions provided that the diploma is accompanied by a certificate from the home Member State; (
d)a diploma certifying that the holder has successfully completed training at post-secondary level of at least three and not more than four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course; (
e)a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a parttime basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the postsecondary course. Equal treatment of qualifications.

(6)(

a)The relevant Council shall treat as evidence of formal training, including the level of training, any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in a Member State, certifying successful completion of training in the Union, on a full-time or part-time basis, within or outside formal programmes, which is recognised b y that Member St ate as b eing of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession. (
b)Any professional qualification which, although not satisfying current requirements for access to or the pursuit of a profession, confers on the holder acquired rights by virtue of the provisions of this Act, shall also be treated as such evidence of formal qualifications under the same conditions as set out in the first subparagraph in particular if the level of training required for admission to a profession and for its exercise is raised, and if an individual who has undergone former training, which does not meet the requirements of the new qualification, benefits from acquired rights, and in such case this former training shall be considered as HEALTH CARE PROFESSIONS corresponding to the level of the new training.

(7)The relevant Council shall permit access to and pursuit of the profession to applicants possessing the attestation of competence or evidence of formal qualifications required, under the same conditions as apply to Maltese nationals. Conditions for recognition.

(8)An attestation of competence or evidence of formal qualifications shall be issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State.

(9)Access to and pursuit of the profession shall also be granted to applicants who have pursued the profession on a full-time basis for one year or for an equivalent duration on a part-time basis during the previous ten years in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or evidence of formal qualifications which satisfy the following conditions: (

a)they shall have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State; (
b)they shall attest that the holder has been prepared for the pursuit of the profession in question: Provided that the one year professional experience may not, however, be required if the evidence of formal qualifications which the applicant possesses certifies regulated education and training.

(10)The relevant Council shall accept the level attested under sub-article

(5)by the home Member State, as well as the certificate by which the home Member State certifies that regulated education and training or vocational training with a special structure as referred to in sub-article

(5)(c)(ii) is equivalent to the level provided for in sub-article

(5)(c)(i).

(11)Notwithstanding the provisions of sub-articles

(8)and

(9)and article 42B, the relevant Council may refuse access to, and pursuit of, the profession to holders of an attestation of competence classified under sub-article

(5)(a), where the national professional qualification to exercise the profession in Malta is classified in subarticle

(5)(e). 42B.

(1)The provisions of the preceding article shall not preclude the relevant Council from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if: (

a)the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required by the relevant Council; (
b)the regulated profession in the Malta comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and the training required in Malta covers substantially different matters from those Non-preclusion of applicant from completing an adaptation period. Added by: L.N. 27 of 2008. HEALTH CARE PROFESSIONS covered by the applicant’s attestation of competence or evidence of formal qualifications.

(2)(

a)In order to permit this test to be carried out, the relevant Council shall draw up a list of subjects which, on the basis of a comparison of the education and training required in Malta and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant. (
b)The aptitude test shall take account of the fact that the applicant is a qualified professional in the home Member State or the Member State from which he comes. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to pursue the profession in the host Member State. The test may also include knowledge of the professional rules applicable to the activities in question in Malta. (
c)The detailed application of the aptitude test and the status, in Malta, of the applicant who wishes to prepare himself for the aptitude test in that State shall be determined by the relevant Council.

(3)(

a)In the case of the adaptation period, this period of supervised practice shall be the subject of an assessment. The detailed rules governing the adaptation period and its assessment as well as the status of a migrant under supervision shall be laid down by the relevant Council. (
b)The status enjoyed in the host Member State by the person undergoing the period of supervised practice, in particular in the matter of right of residence as well as obligations, social rights and benefits, allowances and remuneration, shall be established by the competent authorities in Malta in accordance with applicable Community law.

(4)If the relevant Council invokes sub-article

(1), then it must offer the applicant the choice between an adaptation period and an aptitude test.

(5)(

a)If the relevant Council intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, and formally validated to that end by a relevant body, in a Member State or in a third country, is of a nature to cover, in full or in part, the substantial difference referred to in the preceding subarticles. (
b)For the purpose of this article "substantially different matters" means matters of which knowledge, skills and competences are essential for pursuing the profession HEALTH CARE PROFESSIONS and with regard to which the training received by the migrant shows important differences in terms of content from the training required in Malta.

(6)The decision by any relevant Council imposing an adaptation or an aptitude test period shall be duly justified and shall p r o v i d e t h e ap p l i c a n t w i t h i n f o r m at i o n o n t h e l e v e l o f t h e professional qualification required in Malta and the level of professional qualification held by the applicant in accordance with article 42A

(5), and the substantial differences referred to in subarticle

(5)and the reasons for which those differences cannot be compensated by knowledge, skills and competences acquired in the course of professional experience or through lifelong learning formally validated to that end by a relevant body.

(7)The relevant Council shall ensure that an applicant has the possibility of taking the aptitude test referred to in this article not later than six months after the initial decision imposing an aptitude test on the applicant. 42C.

(1)Subject to the European Commission having adopted implementing acts as specified in Directive 2005/36/EC, the relevant Council shall issue holders of a professional qualification with a European Professional Card upon their request.

(2)When a European Professional Card has been introduced for a profession regulated by this Act by means of relevant implementing acts referred to in sub-article

(1), the holder of a professional qualification concerned may choose to apply for such a European Professional Card or to make use of the procedures provided for in Titles II and III of Directive 2005/36/EC.

(3)A holder of a European Professional Card shall benefit from all the rights conferred by articles 42D to 42G.

(4)Where the holder of a professional qualification intends to provide services under Title II of Directive 2005/36/EC other than those covered by Article 7

(4)of the same Directive, the relevant Council shall issue the European Professional Card in accordance with articles 42D and 42E.

(5)The relevant Council shall also, in cases when Malta is the host Member State, recognise a European Professional Card as a declaration under article 42.

(6)Where the holder of a professional qualification intends to establish himself in another Member State under Chapters I to IIIa of Title III o

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.