Chapter 31 – Medical and Kindred Professions Ordinance

MEDICAL AND KINDRED PROFESSIONS

CHAPTER 31

MEDICAL AND KINDRED PROFESSIONS ORDINANCE To amend and consolidate the law with respect to the practice of the medical and kindred professions.

1st August, 1901 ORDINANCE XVII of 1901 as amended by Ordinances: V of 1906, VIII of 1921; Act V of 1926; Ordinances: XXIII of 1931, XII of 1932, XII of 1934, VIII of 1936, I and XXVII of 1937, XV, XXX and XLII of 1939, XIII of 1942, I and V of 1944, XLII of 1946; Acts: V and XLVII of 1948, IX of 1949, VIII of 1953, VII of 1955, XXII and XXIV of 1957; Emergency Ordinances:

XV of 1958, II of 1959; Ordinances: III of 1959, XXVII and XXX of 1961, XXV of 1962; Act III of 1962; Legal Notices: 4 of 1963, 46 of 1965; Acts: V, XI, XXVIII of 1967, XXII of 1968, X, XIV, XXVI of 1969, XXX of 1970, XXXVII of 1972, XVIII of 1973, LVIII of 1974, XXI, XLIX, LVI of 1975; Legal Notice 148 of 1975; Acts: XX, XXII of I976, XVII, XX of 1977, XLIX of 1981, IX, XVI of 1982, XIII, XVI of 1983, V of 1985, XVII of 1986; Legal Notice 34 of 1986;

Acts: XIX of 1987, VIII of 1990; Legal Notices 48 of 1990, 31 of 1997; Act II of 1998; Legal Notice 79 of 1998; Acts VI of 2000, VI of 2001; Legal Notice 285 of 2001; Act XXIII of 2001;

Legal Notices 38, 209, 222 of 2002; Act III of 2002; Legal Notices 212, 374 of 2003; Acts III, XII of 2003; Legal Notices 135, 260 of 2006; Act XVI of 2006; Legal Notices 127, 404 of 2007; Acts XXIV, XXXI of 2007; Legal Notices 407 of 2007, 174, 423 of 2010, 149, 412, 426 of 2012, 362, 364, 404 of 2013; 48 of 2016, 357, 358 of 2017, 231 of 2018, 268 of 2018 and 190 of 2019, 111 of 2021, 292 and 293 of 2021 and 166 and 252 of 2022 and 155 of 2023 and Acts XXIV of 2014, VIII of 2015, XV of 2018, V of 2019 and XXXVI of 2021 and Legal Notices 178 and 237 of 2024 and Act VII of 2025 and Legal Notice 98 of 2025 and Legal Notice 46 of 2026.

ARRANGEMENT OF ORDINANCE

Part I.

Part II.

Part III.

Part IV.

Part V.

Part VI.

Part VII.

Part VIII.

Part IX.

Part X.

Part XI.

Part XII.

Title and Interpretation Practice of Medical and Kindred Professions Medical Practitioners (deleted by XXIII.2001.62.) Apothecaries and Pharmacy Technicians Midwives Dental Surgeons and Dentists Registered and Enrolled Nurses Hospital Attendants Professions Supplementary to Medicine Trades akin to the Sanitary Professions Offences and Penalties Registers SCHEDULES First Schedule Second Schedule Third Schedule Articles 1-2 3-4 5-12 18-49 50-64 65-71 72-80 81-83 84-87A 88-104 105-123A MEDICAL AND KINDRED PROFESSIONS MEDICAL AND KINDRED PROFESSIONS l.

The short title of this Ordinance is Medical and Kindred Professions Ordinance.

2.

Repealed by: XII. 2003.52.

PART I

PRACTICE OF MEDICAL AND K INDRED P ROFESSIONS Short title.

Interpretation.

Added by:

II. 1959. 30.

Amended by:

XXII.1968.37;

XIV.1969.19;

XVIII.1973.18;

XLIX.1981.6;

XVI. 1983.26;

II. 1998.2.

3.

Repealed by: XII. 2003.52.

Professions subject to supervision.

Amended by:

VIII. 1921.2;

V. 1926.2;

XII. 1932.2;

XXII. 1957.2;

XV. 1958;

II. 1959.2;

XXV. 1962;

L.N. 4 of 1963;

L.N. 46 of 1965;

XXII. 1968.2;

XVIII. 1973.2;

XVI. 1983.2,3;

XXIII. 2001.62.

4.

Repealed by: XII. 2003.52.

Trades subject to sanitary supervisions.

PART II

Amended by:

VIII. 1921.3.

M EDICAL PRACTITIONERS 5.

Repealed by: XII. 2003.52.

Licence to practise medical profession.

Amended by:

VIII. 1921.4;

XII. 1932.3;

II. 1959.3.

Substituted by:

XVII. 1977.2.

Amended by:

XX. 1977.2;

XVI. 1983.4;

V. 1985.2;

XIX. 1987.2.

6.

Repealed by: XII. 2003.52.

Medical Register.

Amended by:

VIII. 1921.5;

XXIII. 1931.2;

XXVII. 1937.2;

VIII. 1953.2;

II. 1959.4;

XXVIII. 1967.2;

L.N. 148 of 1975.

Substituted by:

XVII. 1977.2.

Amended by:

V. 1985.3;

XIX. 1987.3.

MEDICAL AND KINDRED PROFESSIONS Duties of licensed medical practitioners.

Amended by:

VIII. 1921.6;

XXII. 1957.3;

XXII. 1968.3;

XVI. 1983.6;

XIX. 1987.4;

II. 1998.3.

7.

Repealed by: XII. 2003.52.

Medical practitioner not to practise pharmacy.

Amended by:

V. 1906.1;

XXVII. 1937.3;

II. 1959.6.

8.

Repealed by: XII. 2003.52.

Medical practitioners not to have any interest in any dispensary.

Amended by:

VIII. 1921.7.

9.

Repealed by: XII. 2003.52.

Medical practitioners not to have any interest in any optician’s business.

Added by:

XXVII. 1961.3.

10.

Repealed by: XII. 2003.52.

Persons authorized to give prescriptions.

Amended by:

VIII. 1921.8;

XII. 1932.4;

XLVII. 1948.2;

XXIII. 2001.62.

11.

Repealed by: XII. 2003.52.

Form of prescription.

Amended by:

VIII. 1921.9;

XIII. 1942.2;

XLVII. 1948.3;

V. 1967.2;

XVII. 1986.2.

12.

Repealed by: XII. 2003.52.

Practice of veterinary surgery.

Substituted by:

II. 1959.7.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68.

Amended by:

VIII. 1921.10;

II. 1959.8;

XI. 1967.2;

L.N. 148 of 1975.

14.

PART III

V ETERINARY S URGEONS (deleted by XXIII. 2001.62.) MEDICAL AND KINDRED PROFESSIONS 15. (deleted by XXIII. 2001.62.) Veterinary Surgeons’ Register.

Added by:

II. 1959.9.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68;

L.N. 148 of 1975.

Added by:

VIII. 1921.11.

Amended by:

VIII. 1921.12.

Substituted by:

XLIX.1981.6.

PART IV

A POTHECARIES AND P HARMACY T ECHNICIANS Amended by:

VIII. 1921.34;

XVI. 1983.2.

18.

Repealed by: XII. 2003.52.

Licence to practise as apothecary and pharmacy technician.

Substituted by:

II. 1959.10.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68;

XVI. 1983.2.

19.

Repealed by: XII. 2003.52.

Qualifications for licence to practise as apothecary.

Amended by:

VIII. 1921.13;

VII. 1955.2;

II. 1959.8;

L.N. 46 of 1965;

XXII. 1968.4;

LVIII. 1974.68;

L.N. 148 of 1975;

XLIX.1981.6.

20.

Repealed by: XII. 2003.52.

Apothecaries’ Register.

Added by:

II. 1959.11.

Amended by:

L.N. 46 of 1965;

XXII. 1968.5;

LVIII. 1974.68;

L.N. 148 of 1975;

XVI. 1983.2.

MEDICAL AND KINDRED PROFESSIONS Qualifications for licence to practise as pharmacy technician.

Amended by:

VIII. 1921.14.

Substituted by:

V. 1944.2.

Amended by:

XLVII. 1948.4;

II. 1959.12;

XI. 1967.3;

XXII. 1968.6;

XXXVII. 1972.2;

XLIX.1981.6;

IX. 1982.2;

XVI. 1983.2,7;

V. 1985.4.

21.

Repealed by: XII. 2003.52.

Licence to open a dispensary.

Amended by:

VIII. 1921.15.

Substituted by:

XVI. 1983.8.

22.

Repealed by: III. 2003.108.

Dispensary to be managed by licensed apothecary.

Amended by:

VIII. 1921.16;

XXVII. 1937.4;

II. 1959.12;

XXII. 1968.7;

V. 1985.5.

23.

Repealed by: III. 2003.108.

Employment of pharmacy technician.

Added by:

XLIX. 1975.2.

Amended by:

XX. 1976.2.

24.

Repealed by: III. 2003.108.

Duties of apothecary.

Amended by:

VIII. 1921.17.

Substituted by:

XXII. 1968.8.

25.

Repealed by: III. 2003.108.

Apothecary not to carry on business of dispensary on behalf of medical practitioner, etc.

Amended by:

VIII. 1921.18;

XXVII. 1937.5;

XXIII. 2001.62.

26.

Repealed by: III. 2003.108.

Owner of dispensary may employ one or more apothecaries.

Amended by:

VIII. 1921.19;

XXI. 1975.3.

27.

Repealed by: III. 2003.108.

Where managing apothecary is ill or absent.

Amended by:

XX. 1976.3.

28.

Repealed by: III. 2003.108.

MEDICAL AND KINDRED PROFESSIONS 29.

Repealed by: III. 2003.108.

Duty of apothecary to render his services in urgent cases.

Amended by:

XLII. 1939.2.

30.

Repealed by: III. 2003.108.

Apothecary cannot refuse to sell medicinal substances on prescription.

Amended by:

VIII. 1921.20;

XIII. 1942.2.

31.

Repealed by: III. 2003.108.

Apothecary not to sell medical substances except on a medical prescription.

Amended by:

VIII. 1921.21;

XII. 1932.5;

II. 1959.4;

XXIII. 2001.62.

32.

Repealed by: III. 2003.108.

Registering of prescriptions.

Amended by:

VIII. 1921.22;

XII. 1932.6;

XIII. 1942.2;

XLVII. 1948.5;

XXIII. 2001.62.

33.

Repealed by: III. 2003.108.

Apothecary not to keep noxious medical substances.

Amended by:

VIII. 1921.23.

Substituted by:

XX. 1976.4.

34.

Repealed by: III. 2003.108.

Premises to be kept thoroughly clean.

Added by:

VIII. 1921.24.

35.

Repealed by: III. 2003.108.

Apothecary to be guided by British Pharmacopoeia.

Amended by:

VIII. 1921.25;

II. 1959.4;

III. 1959.2;

III. 1962.2;

L.N. 4 of 1963.

36.

Repealed by: III. 2003.108.

Poisonous substances.

37.

Repealed by: III. 2003.108.

Substances which are deemed to be poisonous.

Amended by:

VIII. 1921.26;

II. 1959.4;

L.N. 4 of 1963.

MEDICAL AND KINDRED PROFESSIONS Sale of poisonous substances.

Amended by:

VIII. 1921.27;

XIII. 1942.2,3;

XXII. 1968.9.

38.

Repealed by: III. 2003.108.

Where the medical substance is for external use.

Amended by:

VIII. 1921.28.

Substituted by:

XXII. 1968.10.

39.

Repealed by: III. 2003.108.

Power of Minister to make regulations for controlling drugs or chemical products.

Added by:

V. 1967.3.

Amended by:

XLIX. 1975.3.

Psychotropic drugs.

Added by:

V. 1985.6.

Amended by:

XIX. 1987.13. * 40A. (1) The Minister responsible for public health may, after consulting the Council of Health, and so far as he may consider necessary or expedient for the protection of the public health, make regulations for controlling the manufacture, exportation, importation, possession, distribution and sale of psychotropic drugs as may be deemed by him to require such control in the public interest, and for preventing their improper use, and in particular but without prejudice to the generality of the foregoing powers for (a) regulating the issue by the persons mentioned in article 31(1) of prescriptions containing any such drug or chemical product and the dispensing of any such prescription; (b) requiring persons engaged in the manufacture, exportation, importation, sale or distribution of any such drug or chemical product to keep and produce for inspection such books and to furnish such information as may be prescribed; *See article 16 of Act V of 1985.

MEDICAL AND KINDRED PROFESSIONS (c) requiring and regulating the labelling and marking of any such psychotropic drug and regulating any advertisement thereof.

40B. (1) Any person who (a) cultivates the plant Khat; or (b) imports or brings into, or exports from, Malta the plant Khat; or (c) has in his possession (otherwise than in the course of transit through Malta or the territorial waters thereof) the whole or any portion of the plant Khat; or (d) sells or otherwise deals in the whole or any portion of the plant Khat; or (e) with another one or more persons in Malta or outside Malta conspires for the purposes of selling or dealing in the plant Khat in Malta against the provisions of this article or who promotes, constitutes, organises or finances the conspiracy, shall be guilty of an offence against this Ordinance:

Provided that the term "dealing" in this article shall have the same meaning as that assigned to it by article 120A(1B).

Offences related to the plant Khat.

Added by:

XXIV. 2014.76.

Power of the Minister to amend the Fourth Schedule.

Added by:

XXIV. 2014.76.

MEDICAL AND KINDRED PROFESSIONS 40C. The Minister responsible for Justice may, after consultation with the Minister responsible for the Police and with the Attorney General, amend the Fourth Schedule to this Ordinance.

Inspections of dispensaries.

Substituted by:

XXII. 1968.11;

Amended by:

XIV. 1969.19.

41.

Repealed by: III. 2003.108.

Mode of inspection and drawing up of procès verbal.

Amended by:

VIII. 1921.29.

Substituted by:

XXII. 1968.12.

42.

Repealed by: III. 2003.108.

Seizure of noxious substances found on the premises.

Amended by:

VIII. 1921.30.

Wrappers of articles seized to be sealed and signed.

Amended by:

VIII. 1921.31;

XXII. 1968.13.

Right of apothecary.

Provided also that if the apothecary or the person for the time being in charge of the dispensary so requires, the inspecting officer shall divide each article so seized into two parts, sealed and signed as aforesaid, and shall deliver one part to the apothecary or the person for the time being in charge of the dispensary.

Copy of procèsverbal of inspection to be forwarded to Superintendent of Public Health.

Amended by:

VIII. 1921.32.

Document of identity.

Substituted by:

XXII. 1968.14.

Provided that if such apothecary or person refuses to affix his seal or signature, the signature of the officer effecting the seizure shall be sufficient:

MEDICAL AND KINDRED PROFESSIONS 47. At the end of each year the Superintendent of Public Health shall make to the Minister responsible for public health a report of the result of the inspections carried out in pursuance of the foregoing articles.

48.

Repealed by: III. 2003.108.

Superintendent of Public Health to make report of result of inspections.

Amended by:

VIII. 1921.33;

L.N. 4 of 1963.

Opening of dispensaries on prohibited days.

Added by:

XXIV. 1957.12.

Amended by:

XXX. 1961.3.

Name and address of apothecary to be affixed to door of dispensary.

Added by:

XXIV. 1957.12.

PART V

MIDWIVES 50. Repealed by: XII. 2003.52.

Practice of midwifery.

Substituted by:

II. 1959.13.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68.

51.

Repealed by: XII. 2003.52.

Qualifications.

Amended by:

VIII. 1921.35;

XLII. 1946.2;

II. 1959.12;

L.N. 4 of 1963;

XXX. 1970.2;

XVIII. 1973.3;

XLIX.1981.6;

XVI. 1983.2.

52.

Repealed by: XII. 2003.52.

Register of Midwives.

Added by:

II. 1959.14.

Amended by:

XVIII. 1973.3.

53.

Repealed by: XII. 2003.52.

Midwives in actual practice before the commencement of Ordinance.

54.

Repealed by: XII. 2003.52.

Duties of midwife.

Amended by:

VIII. 1921.36;

XV. 1958;

II. 1959.12;

L.N. 4 of 1963;

XVIII. 1973.3.

MEDICAL AND KINDRED PROFESSIONS When midwife must summon medical assistance.

Amended by:

XLIX.1981.6.

55.

Repealed by: XII. 2003.52.

Notification to District Medical Officer of patient’s condition.

Amended by:

XLIX.1981.6.

56.

Repealed by: XII. 2003.52.

Midwife not to use surgical instruments.

57.

Repealed by: XII. 2003.52.

Cases of puerperal fever or other infections.

Amended by:

VIII. 1921.37.

58.

Repealed by: XII. 2003.52.

Where midwife is unable to attend personally.

59.

Repealed by: XII. 2003.52.

Midwife to report to District Medical Officer cases of fever or inflammation.

60.

Repealed by: XII. 2003.52.

Free supply of antiseptic preparations to midwife for attendance on paupers.

61.

Repealed by: XII. 2003.52.

Midwife to give notice of birth.

62.

Repealed by: XII. 2003.52.

Midwife to comply strictly with regulations.

63.

Repealed by: XII. 2003.52.

Power of Minister responsible for public health to make regulations.

Amended by:

VIII. 1921.38;

XV. 1958;

II. 1959.12;

XXV. 1962;

L.N. 4 of 1963;

XXX. 1970.3;

XVIII. 1973.3.

64.

Repealed by: XII. 2003.52.

MEDICAL AND KINDRED PROFESSIONS

PART VI

D ENTAL SURGEONS AND D ENTISTS Amended by:

VIII. 1921.39.

65.

Repealed by: XII. 2003.52.

Licence to practise dental surgery.

Substituted by:

II. 1959.15.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68.

Substituted by:

XVI. 1983.9.

Amended by:

XIX. 1987.5.

66.

Repealed by: XII. 2003.52.

Register of Dental Surgeons.

Amended by:

VIII. 1921.41;

XII. 1932.8;

XXVII. 1937.6;

II. 1959.4;

L.N. 46 of 1965;

X. 1969.2;

LVIII. 1974.68;

L.N. 148 of 1975;

XLIX.1981.6.

Substituted by:

XVI. 1983.11.

Amended by:

XIX. 1987.6.

67.

Repealed by: XII. 2003.52.

Qualifications to be entered in Register of Dental Surgeons.

Added by:

XII. 1932.9.

Amended by:

XII. 1934.2.

Substituted by:

II. 1959.16.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68;

L.N. 148 of 1975.

Substituted by:

XVI. 1983.12.

68.

Repealed by: XII. 2003.52.

Assumption of title and user.

Added by:

XII. 1932.10.

Amended by:

II. 1959.17.

69.

Repealed by: XII. 2003.52.

Dentists not to make agreements with apothecaries for a share of the profits of a dispensary.

Added by:

XXVII. 1937.7.

Amended by:

XXX. 1939.2.

MEDICAL AND KINDRED PROFESSIONS Dentists not to practise pharmacy.

Added by:

XXVII. 1937.7.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68.

70.

Repealed by: XII. 2003.52.

Vested rights of dentists practising before July, 1900.

Amended by:

VIII. 1921.43.

71.

Repealed by: XII. 2003.52.

Added by:

VIII. 1936.2.

PART VII

Substituted by:

XXII. 1968.15.

REGISTERED AND E NROLLED N URSES Register and roll of nurses.

Added by:

VIII. 1936.2.

Amended by:

II. 1959.19;

L.N. 4 of 1963.

Substituted by:

XXII. 1968.16.

Amended by:

XVIII. 1973.3.

Substituted by:

XVI. 1983.13.

72.

Repealed by: XII. 2003.52.

Contents of register and roll.

Added by:

XXII. 1968.17.

73.

Repealed by: XII. 2003.52.

Conditions for registration.

Added by:

VIII. 1936.2.

Amended by:

I. 1937.2;

V. 1948.2;

II. 1959.20;

XXII. 1968.18;

XXVI. 1969.2;

XVIII. 1973.4;

XLIX.1981.6.

74.

Repealed by: XII. 2003.52.

Conditions for enrolment.

Added by:

XXII. 1968.19.

Amended by:

XVIII. 1973.3;

XIX. 1987.7.

75.

Repealed by: XII. 2003.52.

Nurses registered or enrolled abroad.

Added by:

VIII. 1936.2.

Amended by:

I. 1937.3;

II. 1959.12.

Substituted by:

XXII. 1968.20.

Amended by:

XVIII. 1973.3;

XX. 1976.5;

XVI. 1983.14;

V. 1985.7.

76.

Repealed by: XII. 2003.52.

MEDICAL AND KINDRED PROFESSIONS 77.

Repealed by: XII. 2003.52.

Certificate of registration or enrolment.

Added by:

VIII. 1936.2.

Amended by:

II. 1959.21.

Substituted by:

XXII. 1968.21.

Amended by:

XVIII. 1973.3.

78.

Repealed by: XII. 2003.52.

Unlawful assumption of title of registered or enrolled nurse.

Added by:

VIII. 1936.2.

Amended by:

XXII. 1957.4.

Substituted by:

XXII. 1968.22.

Amended by:

XVI. 1983.15.

79.

Repealed by: XII. 2003.52.

Training schools for nurses.

Added by:

VIII. 1936.2.

Substituted by:

V. 1948.3.

Amended by:

II. 1959.22.

Substituted by:

XXII. 1968.23.

Amended by:

XVIII. 1973.3.

Power of Minister responsible for public health to make regulations.

Added by:

VIII. 1936.2.

Amended by:

V. 1948.4;

II. 1959.12,23;

L.N. 4 of 1963;

XVIII. 1973.3.

PART VIII

Added by:

V. 1948.5.

H OSPITAL ATTENDANTS 81.

Repealed by: XII. 2003.52.

Roll of hospital attendants.

Added by:

V. 1948.5.

Amended by:

II. 1959.24;

XVIII. 1973.3.

82.

Repealed by: XII. 2003.52.

Conditions for enrolment.

Added by:

V. 1948.5.

Amended by:

II. 1959.25;

XVIII. 1973.3;

XLIX.1981.6.

Unlawful assumption of title of hospital attendant.

Added by:

V. 1948.5.

MEDICAL AND KINDRED PROFESSIONS 83.

Repealed by: XII. 2003.52.

PART IX

Added by:

IX. 1949.2.

P ROFESSIONS S UPPLEMENTARY TO MEDICINE Substituted by:

XXII. 1957.5;

XVI. 1983.16.

Register of medical auxiliaries.

Added by:

IX. 1949.2.

Amended by:

XXII. 1957.6;

II. 1959.26;

LVI. 1975.2;

XVI. 1983.17.

84.

Repealed by: XII. 2003.52.

Conditions for registration.

Added by:

IX. 1949.2.

Amended by:

XXII. 1957.7:

II. 1959.27;

XLIX.1981.6:

XVI. 1983.2.

85.

Repealed by: XII. 2003.52.

Certificate of registration.

Added by:

IX. 1949.2.

Amended by:

XXII. 1957.8;

II. 1959.28.

Substituted by:

LVI. 1975.3;

XVI. 1983.18.

86.

Repealed by: XII. 2003.52.

Unlawful exercise of profession supplementary to medicine.

Added by:

IX. 1949.2.

Substituted by:

XXII. 1957.9;

XVI. 1983.18.

87.

Repealed by: XII. 2003.52.

Persons registered in other countries.

Added by:

V. 1985.8.

Amended by:

XIX. 1987.13.

87A. Repealed by: XII. 2003.52.

PART X

TRADES AKIN TO THE S ANITARY P ROFESSIONS Definition of "poisons".

Added by:

VIII. 1921.47.

Substituted by:

XX. 1976.6.

88.

Repealed by: III. 2003.108.

MEDICAL AND KINDRED PROFESSIONS 89.

Repealed by: III. 2003.108.

Sale of drugs.

Substituted by:

V. 1967.4.

Amended by:

XXII. 1968.24;

XVI. 1983.2.

90.

No person shall sell or distribute - Secret remedies or specifics.

Amended by:

VIII. 1921.44;

II. 1959.12;

V. 1967.5;

XVI. 1983.19. (a) any substance or preparation advertised as a secret remedy or specific, which shall not have been approved by the Council of Health; or (b) any substance or any preparation or mixture of substances intended to be used as a drug or remedy or as a solvent, additive or colouring matter unless the box, wrapper, bottle or other container in which it is to be sold or distributed bears the name or designation of the substance or substances of which the preparation or mixture is compounded or composed, and, where any substance is of a poisonous nature in terms of article 88, unless the total or pro rata amount of such substance is stated on the said box, wrapper, bottle or other container; or (c) any remedy falsely described on labels or in advertisements as composed of ingredients which are not really those which it contains, or as having any therapeutical qualities or indications which are not recognised by the Council of Health.

90A. (1) No person shall advertise or permit or suffer to be advertised in any manner whatsoever, any medical or health service or treatment, not being a service provided by Government, or any other service or treatment which is or is described as being of a medical, therapeutic or curative value or effect, or in any other way beneficial to health, without the approval of the Council of Health.

Advertisement of treatment, etc.

Added by:

V. 1985.9.

Article 90 to apply to apothecaries.

Amended by:

XXII. 1968.25;

XVI. 1983.2;

V. 1985.10.

92.

Repealed by: III. 2003.108.

Sale of poisons.

Amended by:

VIII. 1921.45.

93.

Repealed by: III. 2003.108.

Licence for sale of poisons.

Amended by:

VIII. 1921.46.

Applicability of provisions relating to apothecaries and to persons who are not apothecaries.

Power of inspection.

Amended by:

VIII. 1921.48.

Laboratories of chemical products.

MEDICAL AND KINDRED PROFESSIONS 95.

Repealed by: III. 2003.108.

Certificate of competency to practise as chemist.

Amended by:

VIII. 1921.49;

II. 1959.12.

XXII. 1968.26;

L.N. 148 of 1975.

Amended by:

VIII. 1921.50;

II. 1959.12.

Substituted by:

XX. 1977.3.

Amended by:

XIX. 1987.8;

Amended by XV.2018.32 98. (1) No person shall use any premises as a hospital, clinic, maternity home, medical diagnostic laboratory, X-ray department, or any other similar establishment or institution, by whatever name called, unless there is in respect of such premises a valid licence for the purpose issued by the Minister responsible for public health, and no person may open or carry on any establishment or institution for any of the purposes aforesaid unless he is in possession of a valid licence for the purpose issued by the said Minister. (i) has attained majority, (ii) has attended the course of chemistry at the University of Malta or at another school recognised by the University of Malta and passed the relative examinations.

Imposition of conditions to licence.

Added by:

XX. 1976.7.

Amended by:

XX. 1977.4;

XV1. 1983.20.

Medical practitioners in private hospitals and clinics and fees to be charged.

Added by:

XX. 1977.5.

Amended by:

XIX. 1987.9.

Enforcement of foregoing provisions.

Added by:

XX. 1977.5.

Amended by:

XIX. 1987.10.

Poisoned grain, seed, etc.

Article 102 not to apply in certain cases.

Administering drugs to domestic animals.

PART XI

O FFENCES AND P ENALTIES Erasure from registers by Medical Council on grounds of conviction or infamous conduct.

Added by:

II. 1959.29.

Amended by:

XXII. 1968.27;

XVIII. 1973.5;

XLIX.1981.4;

XVI. 1983.21:

XIX. 1987.11;

XXIII. 2001.62.

Erasure by the Board for the Professions Supplementary to Medicine on grounds of conviction or infamous conduct.

Added by:

II. 1959.29.

Amended by:

XXII. 1968.28;

XVIII. 1973.6;

XLIX.1981.4;

XVI. 1983.22.

Erasure by Pharmacy Board on grounds of conviction or infamous conduct.

Added by:

XXII. 1968.29.

Amended by:

XVIII. 1973.7;

XLIX.1981.4;

XVI. 1983.2,23.

MEDICAL AND KINDRED PROFESSIONS 108. Repealed by: XII. 2003.52.

Erasure by Nursing and Midwifery Board on grounds of conviction or infamous conduct.

Added by:

XVIII. 1973.8.

Amended by:

XLIX.1981.4;

XVI. 1983.24.

Saving of proceedings under other laws.

Added by:

II. 1959.29.

Amended by:

XXII. 1968.30;

XVIII. 1973.9;

XVI. 1983.2.

110.

Repealed by: XII. 2003.52.

Erasure from register or roll on ground of infirmity.

Added by:

II. 1959.29.

Amended by:

XXII. 1968.31;

XVIII. 1973.10;

XVI. 1983.2.

111.

Repealed by: XII. 2003.52.

Restoration of names to register.

Added by:

II. 1959.29.

Amended by:

XXII. 1968.32;

XVIII. 1973.11;

XVI. 1983.2.

Fraudulent and incorrect registration.

Added by:

II. 1959.29.

Amended by:

XXII. 1968.33;

XVIII. 1973. 12;

XVI. 1983.2.

Notification of decision of Medical Council and appeal therefrom.

Added by:

II. l959.29.

Amended by:

L.N. 148 of 1975;

VI. 2001.4.

Notification of decision of Pharmacy Board and appeal therefrom.

Added by:

XXII. 1968.34.

MEDICAL AND KINDRED PROFESSIONS Notification of decision of the Board for the Professions Supplementary to Medicine and appeal therefrom.

Added by:

II. 1959.29.

Amended by:

L.N. 46 of 1965;

XVIII. 1973.13;

LVIII. 1974.68.

Notification of decision of Nursing and Midwifery Board and appeal therefrom.

Added by:

XVIII. 1973.14.

Amended by:

XVI. 1983.2.

Rules of procedure.

Added by:

II. 1959.29.

Amended by:

L.N. 4 of 1963;

XXII. 1968.35;

XVIII. 1973.15;

XVI. 1983.2.

Summoning of witnesses.

Added by:

II. 1959.29.

Amended by:

XXII. 1968.36;

XVIII. 1973.16;

L.N. 148 of 1975;

XVI. 1982.2;

XVI. 1983.2.

Definitions.

Added by:

V.2019.3.

118A. (1) For the purposes of this Ordinance and all regulation and rules thereunder: (a) "drug" means any of the following: (i) (ii) a substance covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances; any of the substances listed in the Annex to the Council Framework Directive 2004/757/JHA; (b) "new psychoactive substance" means a substance in pure form or in a preparation that is not covered by the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or by the 1971 United Nations Convention on Psychotropic Substances which may pose health or social risks similar to those posed by the substances covered by those Conventions;

MEDICAL AND KINDRED PROFESSIONS (c) "preparation" means a mixture containing one or more new psychoactive substances.

Added by:

XX. 1976.9.

Amended by:

XX. 1977.6;

XIII. 1983.5;

XVI. 1983.2,25;

V. 1985.11;

XIX. 1987.12;

L.N. 407 of 2007.

MEDICAL AND KINDRED PROFESSIONS (b) on a second or subsequent conviction, to imprisonment for a term of not less than two months but not exceeding six months, with or without the addition of a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

Offence under article 40.

Added by:

XLIX. 1975.5.

Amended by:

XX. 1976.10;

XIII. 1983.5;

L.N. 407 of 2007.

Offences under article 40A.

Added by:

V. 1985.12.

Amended by:

XVII. 1986.3;

XIX. 1987.13;

VIII. 1990.3;

II. 1998.4;

VI. 2000.8;

III. 2002.159;

XVI. 2006.27;

L.N. 407 of 2007;

XXXI. 2007.29;

XXIV. 2014.77;

VIII. 2015.40;

XXXVI.2021.3. * 120A.

MEDICAL AND KINDRED PROFESSIONS offence of selling or dealing in a drug against this article or an offence under paragraph (f); or (f) who with another one or more persons in Malta or outside Malta conspires for the purposes of selling or dealing in a drug in Malta against the provisions of this article or who promotes, constitutes, organises or finances the conspiracy, shall be guilty of an offence against this article.

For the purposes of paragraph (e) the expression "permanent resident" means a person in favour of whom a permit of residence has been issued in accordance with the provisions contained in article 7 of the Immigration Act. (1A) The conspiracy referred to in sub-article (1)(d) and (f) shall subsist from the moment in which any mode of action whatsoever is planned or agreed upon between such persons. (1B) For the purposes of this article the word "dealing" (with its grammatical variations and cognate expressions) with reference to dealing in a drug, includes cultivation, importation in such circumstances that the Court is satisfied that such importation was not for the exclusive use of the offender, manufacture, exportation, distribution, production, administration, supply, the offer to do any of these acts, and the giving of information intended to lead to the purchase of such a drug contrary to the provisions of this Ordinance:

Provided that in the case of importation in such circumstances that the Court is satisfied that such importation was for the exclusive use of the offender, the provisions of the Probation Act and of article 21 of the Criminal Code shall not apply. (1C) A person shall also be guilty of an offence against this Ordinance who m anufactures, tran sports or distri butes any equipment or materials knowing that they are to be used in or for th e p r od u c t io n o r m a nu f a c t u r e of a n y d r u g c o n t r a r y t o t h e provisions of this Ordinance and any such conduct as is prohibited under this sub-article shall be deemed for the purposes of this Ordinance as constituting an offence of selling or dealing in a drug against this Ordinance. (1D) (a) A person shall also be guilty of an offence against this Ordinance who uses, transfers the possession of, sends or delivers to any person or place, acquires, receives, keeps, transports, transmits, alters, disposes of or otherwise deals with, in any manner or by any means, any money, property (whether movable or immovable) or any proceeds of any such money or property with intent to conceal or convert that money or property or those proceeds and knowing or suspecting that all or a part of that money or property, or of those proceeds, was obtained or received, directly or indirectly, as a result of (i) the commission of any of the offences MEDICAL AND KINDRED PROFESSIONS mentioned in sub-articles (1) and (1C); or (ii) any act of commission or omission in any place outside these Islands which if committed in these Islands would constitute an offence under sub-articles (1) or (1C). (b) In proceedings for an offence under paragraph (a), where the prosecution produces evidence that no reasonable explanation was given by the person charged or accused showing that such money, property or proceeds was not money, property or proceeds described in the said paragraph, the burden of showing the lawful origin of such money, property or proceeds shall lie with the person charged or accused. (1E) A person shall also be guilty of an offence against this Ordinance who sells or otherwise deals in a substance mentioned in the Third Schedule to the Dangerous Drugs Ordinance knowing or suspecting that the substance is to be used in or for the production of a drug listed under Part A of the Third Schedule contrary to the provisions of this Ordinance; and the definition of "dealing" in subarticle (1B) shall apply, mutatis mutandis, to this sub-article. (1F) Any person who lands in Malta and is in possession of a

drug against the provisions of this Ordinance shall be exempt from any criminal liability if the conditions mentioned in sub-article (1G) are satisfied. (1G) The conditions to which reference is made in sub-article (1F) are the following: (a) the person in possession of the drug is not ordinarily resident in Malta and has come from a place outside Malta; (b) at the first opportunity after landing in Malta that person surrenders the said drug to a Police officer or to a customs officer and declares that the same drug was for his exclusive personal use; and (c) the said drug is in such a quantity and is in possession of that person under such circumstances as to reasonably lead to the inference that the same drug was destined for the exclusive personal use of that person.

Provided that: (aa) where the Court is of the opinion that, when it takes into account the age of the offender, the previous conduct of the offender, the quantity of the drug and the nature and quantity of the equipment or materials, if any, involved in the offence and all other circumstances of the offence, the punishment of imprisonment for life would not be appropriate; or (bb) where the verdict of the jury is not unanimous, then the Court may sentence the person convicted to the punishment of imprisonment for a term of not less than four years but not exceeding thirty years and to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) but not exceeding one hundred and sixteen thousand and four hundred and sixtyeight euro and sixty-seven cents (116,468.67); and (ii) for any other offence to imprisonment for a term of not less than twelve months but not exceeding ten years and to a fine (multa) of not less than four hundred and sixty-five euro and eightyseven cents (465.87), but not exceeding twentythree thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73); or (b) on conviction by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) (i) where the offence consists in selling or dealing in a drug listed under Part A of the Third Schedule to this Ordinance contrary to the provisions of this article, or in an offence under sub-article (1)(f), or of the offence of possession of a drug, contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, or of the offences mentioned in sub-articles (1C) or (1D) or (1E), to imprisonment for a term of not less than six months but not exceeding ten years and to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding eleven thousand and MEDICAL AND KINDRED PROFESSIONS six hundred and forty-six euro and eighty-seven cents (11,646.87); and (ii) for any other offence, to imprisonment for a term of not less than three months but not exceeding twelve months, or to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to both such imprisonment and fine, and in every case of conviction for an offence against this Ordinance, all articles in respect of which the offence was committed shall be forfeited to the

Government, and any such forfeited article shall, if the court so orders, be destroyed or otherwise disposed of as may be provided in the order:

Provided that for the purposes of this sub-article, when the person charged has not attained the age of sixteen years and unless he is charged jointly with any other person who has attained the age of sixteen years, any reference to the Court of Magistrates (Malta) or to the Court of Magistrates (Gozo) shall be construed as a reference to the Juvenile Court:

Provided further that where a person is convicted as provided in paragraph (a)(i) or paragraph (b)(i) and the offence has taken place in, or within one hundred metres of the perimeter of, a school, youth club or centre, or such other place where young people habitually meet, or the offence consists in the sale, supply, administration or offer to do any of these acts, to a minor, to a woman with child or to a person who is following a programme for cure or rehabilitation from drug dependence, the punishment shall be increased by one degree. (2A) Where a person is charged under the provisions of this article with selling or dealing in a drug listed under Part A of the Third Schedule, or with promoting, constituting organising or financing a conspiracy under sub-article (1)(f) in respect of such drug, or with the offence of possession of a drug, contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, or with the offences mentioned in sub-articles (1C) or (1D), the provisions of articles 22A, 22B, 22E, 27 and 30 of the Dangerous Drugs Ordinance shall apply. (2A bis) Where a person is charged under the provisions of this article with an offence mentioned in sub-article (2A) and that person is a person as is referred to in sub-article (5) or is a person in possession of a licence, permit or authority issued to him by a competent authority in or in connection with the exercise of any art, trade, calling or other occupation and the offence is committed in a place licensed under this Ordinance, under the Dangerous Drugs Ordinance or under any other law, the Court may, without prejudice to any other order that it may make under the provisions of this article, at the request of the prosecution make an order, hereinafter referred to as a ''suspension order'', suspending such licence, permit MEDICAL AND KINDRED PROFESSIONS or authority and the provisions of article 22B bis (2) and (3) of the Dangerous Drugs Ordinance shall mutatis mutandis apply. (2B) Where an offence against this article in respect of which a person has been found guilty consists in an offence mentioned in sub-article (2A) the provisions of article 22(3A), (3B) and (7) and the provisions of articles 22C, 22D, 28 and 29 of the Dangerous Drugs Ordinance shall apply. (2C) Notwithstanding that the Attorney General has directed in accordance with the provisions of sub-article (2), that a person be tried in the Criminal Court, he may, at any time before the filing of

the bill of indictment, or at any time after filing the bill of indictment before the jury is empanelled, and with the consent of the accused, direct that that person be tried before the Court of Magistrates, and upon such direction the Court of Magistrates as a court of criminal judicature shall become competent to try that person as if no previous direction had been given. Where the Attorney General has given such new direction after the filing of the bill of indictment, the registrar of the Criminal Court shall cause the record to be transmitted to the Court of Magistrates, and shall cause a copy of the Attorney General’s direction to be served on the Commissioner of Police. (2D) Notwithstanding the provisions of article 370 of the Criminal Code and without prejudice to the provisions of subarticle (2C), the Court of Magistrates shall be competent to try all offences against this article as directed by the Attorney General in accordance with the provisions of sub-article (2). (2E) (a) In giving a direction in accordance with sub-article

Provided that an application in terms of this paragraph may only be filed once in the course of any MEDICAL AND KINDRED PROFESSIONS proceedings:

Provided further that persons, who on the date of the coming into force of this sub-article, are awaiting trial in the Criminal Court further to a direction given in terms of sub-article (2) may, notwithstanding the other provisions of this paragraph, file an application in the said court in terms of this paragraph by not later than the 30th April 2015:

For the purposes of this sub-article the words "the conclusion of the inquiry" include any conclusion of an inquiry referred to in article 407 of the Criminal Code. (2F) Where, upon conviction by the Criminal Court as provided in sub-article (2)(a), after considering all the circumstances of the case including the amount and nature of the drug involved, the character of the person concerned, the number and nature of any previous convictions, including convictions in respect of which an order was made under the Probation Act and the provisions of the Fourth Schedule, the court is of the opinion that the punishment provided for in sub-article (2)(a) would be disproportionate it may, giving reasons, apply the punishment provided in sub-article (2)(b). (2G) Where it is established that an offence under this Ordinance was committed by an officer of a body corporate as is referred to in article 121D of the Criminal Code or by a person having a power of representation or having such authority as is referred to in that article and the offence was committed for the benefit, in part or in whole, of that body corporate, the said person shall for the purposes of this Ordinance be deemed to be vested with the legal representation of the same body corporate which shall be liable to a fine (multa) not exceeding two million and five hundred thousand euro (€2,500,000):

Provided that where legal representation no longer vests in the said person, for purposes of this article, legal representation shall vest in the person occupying the office in his stead or in such person as is referred to in that article.

MEDICAL AND KINDRED PROFESSIONS

Provided that where, in respect of any offence mentioned in this sub-article, after considering all the circumstances of the case including the amount and nature of the drug involved, the character of the person concerned, the number and nature of any previous convictions, including convictions in respect of which an order was made under the Probation Act, the court is of the opinion that the offender intended to consume the drug on the spot with others, or procured a small quantity of drugs to be consumed on the spot for and upon the request of persons in his company at a single event at no profit, the court may decide not to apply the provisions of this subarticle:

Provided further that an offender may only benefit once from the provisions of the above proviso.

Definition of expression "corresponding law".

Added by:

II. 1998.5.

Additional powers of investigation.

Added by:

II. 1998.5.

Amended by:

XXXI. 2007.30;

XXXVI.2021.4.

MEDICAL AND KINDRED PROFESSIONS

120B. For the purposes of articles 120A and 121C the expression "corresponding law" shall have the same meaning assigned to it by article 23 of the Dangerous Drugs Ordinance and the provisions of the said article 23 shall apply thereto.

120C. (1) Where, upon information received, the Attorney General has reasonable cause to suspect that a person (hereinafter referred to as "the suspect") (a) is guilty of selling or dealing in a drug contrary to the provisions of this Ordinance; or (b) is guilty of any of the offences mentioned in article 120A(1)(e) or (f); or (c) is guilty of an offence mentioned in article 120A(1)(d) with reference to any of the offences referred to in the foregoing paragraphs of this sub-article, or (d) is guilty of the offence mentioned in article 120A(1D); or (e) is guilty of the offence of possession of a drug contrary to the provisions of this Ordinance, under such circumstances that the court is satisfied that such possession was not for the exclusive use of the offender, the Attorney General may apply to the Criminal Court for an investigation order or an attachment order or for both and the provisions of article 24A of the Dangerous Drugs Ordinance shall mutatis mutandis apply to that application and to the suspect and to any investigation or attachment order made by the court as a result of that application.

MEDICAL AND KINDRED PROFESSIONS

120D. (1) Where the Attorney General receives a request made by the judicial or prosecuting authority of any place outside Malta for investigations to take place in Malta in respect of a person (hereinafter referred to as "the suspect") suspected by that authority of an act or omission which if committed in these Islands, or in corresponding circumstances, would constitute any of the offences mentioned in article 120C(1)(a), (b), (c), (d) and (e) the Attorney General may apply to the Criminal Court for an investigation order or an attachment order or for both and the provisions of article 24A of the Dangerous Drugs Ordinance shall mutatis mutandis apply to that application and to the suspect and to any investigation or attachment order made by the court as a result of that application.

120E. (1) Where the Attorney General receives a request made by a judicial or prosecuting authority of any place outside Malta for the temporary seizure of all or any of the moneys or property, movable or immovable, of a person (hereinafter in this article referred to as "the accused") charged or accused in proceedings before the courts of that place of an offence consisting in an act or an omission which if committed in these Islands, or in corresponding circumstances, would constitute any of the offences mentioned in article 120C(1)(a), (b), (c), (d) and (e), the Attorney General may apply to the Criminal Court for an order (hereinafter referred to as a "freezing order") having the same effect as an order a s i s re f e r r e d t o in a r t i c l e 2 2 A ( 1 ) of t h e Da ng ero u s Dru gs Ordinance and the provisions of the said article 22A shall, subject to the provisions of sub-article (2) of this article, apply mutatis mutandis to that order.

Powers of investigation in connection with offences cognizable by courts outside Malta.

Added by:

II. 1998.5.

Amended by:

XXXI. 2007.31.

Freezing of property of person accused with offences cognizable by courts outside Malta.

Added by:

II. 1998.5.

Amended by:

XXXI. 2007.32.

Enforcement of confiscation orders made by courts outside Malta following conviction for offences cognizable by those courts.

Added by:

II. 1998.5.

Amended by:

XXXI. 2007.33.

Unlawful obstruction, etc.

Added by:

XX. 1976.11.

Amended by:

XIII. 1983.5;

L.N. 407 of 2007.

MEDICAL AND KINDRED PROFESSIONS 120F. (1) A confiscation order made by a court outside Malta providing or purporting to provide for the confiscation or forfeiture of proceeds from the commission of a relevant offence shall be enforceable in Malta in accordance with the provisions of article 24D(2) to (11) of the Dangerous Drugs Ordinance.

Added by:

II. 1998.6. (b) on a second or subsequent conviction, to imprisonment for a term of not less than one month but not exceeding six months, with or without the addition of a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

121A. (1) In any proceedings against any person for an offence against this Ordinance, it shall not be necessary to negative by evidence any licence, authority or other matter of exception or defence, and the burden of proving any such matter shall lie on the person seeking to avail himself thereof.

MEDICAL AND KINDRED PROFESSIONS 121B. Notwithstanding the provisions of article 661 of the Criminal Code, where a person is involved in any offence against this Ordinance, any statement made by such person and confirmed on oath before a magistrate and any evidence given by such person before any court may be received in evidence against any other person charged with an offence against the said Ordinance, provided it appears that such statement or evidence was made or given voluntarily, and not extorted or obtained by means of threats or intimidation, or of any promise or suggestion of favour.

121C. The provisions of article 30B of the Dangerous Drugs Ordinance shall apply mutatis mutandis to a controlled delivery of any drug listed under the Third Schedule to this Ordinance or of money, property or proceeds as referred to in article 120A(1D)(a) with a view to identifying persons involved in the commission of offences under this Ordinance or under the corresponding law in force in the territory of another country and the same provisions shall also apply mutatis mutandis to the acquisition or procurement of any such drug by the Executive Police.

121D. The provisions of article 30C of the Dangerous Drugs Ordinance shall apply mutatis mutandis to a witness, expert or other person in a foreign country who consents, in respect of an offence contrary to the provisions of this Ordinance, to give evidence or to assist as provided in that article following a request for assistance as also provided in the same article.

Statement may be admitted as evidence.

Added by:

II. 1998.6.

121E. (1) Where the Attorney General receives, or is informed about, a request made by or on behalf of a judicial, prosecuting, law enforcement, administrative or other competent authority of any State or place other than or outside Malta (hereinafter in this article referred to as the "requesting authority") seeking authorisation for the competent authorities of that State or place to take appropriate measures in regard to a relevant vessel reasonably suspected to be engaged in the commission of a relevant offence the Attorney General may, with the concurrence of the Prime Minister, authorise the taking of the said measures by the aforesaid competent authorities subject to such conditions as may have been agreed by Malta with that State or as may be agreed between the requesting authority and the Attorney General with the concurrence of the Prime Minister.

Co-operation in the suppression of relevant offences at sea.

Added by:

II. 1998.6.

Amended by:

XVI. 2006.27;

XXIV. 2007.8.

Added by:

II. 1998.6.

Amended by:

VI. 2000.8.

Persons transferred to Malta from abroad for the purpose of giving evidence or assisting in an investigation, etc.

Added by:

II. 1998.6.

MEDICAL AND KINDRED PROFESSIONS in a relevant offence is found; "relevant offence" shall have the same meaning assigned to it by article 120F(3); and More serious offence.

Added by:

XX.1976.11.

Interdiction.

Right of appeal.

Added by:

XVII. 1986.4.

Amended by:

VIII. 1990.3.

Added by:

II. 1959.30.

Inspection of registers.

Added by:

II. 1959.30.

Amended by:

V. 1985.13. "relevant vessel" means a ship or any other floating craft of any description, including hovercrafts and submersible crafts, flying the flag of Malta or displaying the marks of registry of Malta and exercising freedom of navigation in accordance with international law.

123A. Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of C ri mi nal A pp eal from a ny ju dg men t gi ven b y t he Co urt o f Magistrates in respect of criminal proceedings arising out of the provisions of article 120A.

PART XII

REGISTERS 124. Repealed by: XII. 2003.52.

MEDICAL AND KINDRED PROFESSIONS FIRST SCHEDULE (Article 7) P ART 1 A Lead poisoning Phosphorus poisoning Manganese poisoning Arsenical poisoning Mercury poisoning Carbon-bisulphide poisoning Benzene poisoning and poisoning from Nitro and Amido derivatives of Benzene and its homologues Aniline poisoning Compressed air illness (Caisson Disease) Anthrax Epitheliomatous ulceration or chrome ulceration Poisoning attributed to occupational exposure to pesticides Brucellosis attributed to occupational exposure Cadmium poisoning Cancer of occupation origin Blood dyscrasias of occupational origin Toxic jaundice Acute or chronic effects of exposure to radiation Asthma of occupational origin B "Gassing" incidents in which a person is affected as a result of occupational exposure to gasses or fumes Added by:

XVI. 1983.27.

MEDICAL AND KINDRED PROFESSIONS

Part 2

DEPARTMENT OF HEALTH Notification of Occupational Disease or Incident (Article 7)

Art. 1

Art. 2

Art. 3

Art. 4

Art. 5

Art. 6

Art. 7

Art. 8

Art. 9

Signature of Medical Practitioner Date....................................... .........................................

Name and Address MEDICAL AND KINDRED PROFESSIONS SECOND SCHEDULE (Article 7) CERTIFICATE OF DEATH AND CAUSE THEREOF 1. Name and surname ...............................................................

I Disease or condition directly leading to death Antecedent causes; morbid conditions, if any, giving rise to the above cause, stating the underlying condition last II Other significant conditions contributing to the death but not related to the disease or condition causing it Approximate interval between onset and death (a) ............................................ (due to or as a consequence of) .................. (b) ........................................... (due to or as a consequence of) ............... (c) ............................................ ................................................. .................................................

Date ...............................................................................

Name in Block Letters ....................................................

Address ..........................................................................

Added by:

XXII. 1957.11.

Amended by:

XVI. 1983.6.

Substituted by:

V. 1985.14.

Amended by:

L.N. 426 of 2012.

MEDICAL AND KINDRED PROFESSIONS TO THE POLICE OFFICER IN CHARGE OF THE ACTS OF DEATH IN ................................................................................. *NOTES:

The certifier should enter under I. (a) The disease or injury which initiated the train of morbid events leading to death, i.e. the disease, injury or complication which was the direct cause of death. This does not mean the mode of dying e.g. heart failure, asthenia, etc. (b) The condition, if any, considered to have been antecedent to the direct cause, both in respect of time and of etiological or pathological relationship. A condition can be entered as antecedent even though a long interval of time has elapsed since its onset or since the occurrence of symptoms of it. (c) Any other condition which is considered to be antecedent to (b) in the same sense as described above.

If it is thought that there has not been any antecedent condition as defined above, lines I (b) and I (c) should be left blank.

On no account must the starting point of the sequence of disease be entered in Part II because of lack of space for it in Part I.

II. Any other conditions which, though not in the causal sequence in Part I, appear to have contributed something to the fatal outcome.

Added by:

V.1985.15.

Amended by:

XVII.1986.5;

L.N. 34 of 1986.

Substituted by:

L.N. 48 of 1990.

Amended by:

L.N. 31 of 1997;

L.N. 79 of 1998;

L.N. 285 of 2001;

L.N. 38 of 2002;

L.N. 209 of 2002;

L.N. 222 of 2002;

L.N. 212 of 2003;

L.N. 374 of 2003;

L.N. 135 of 2006;

L.N. 260 of 2006;

L.N. 127 of 2007;

L.N. 404 of 2007;

L.N. 174 of 2010;

L.N. 423 of 2010;

L.N. 149 of 2012;

L.N. 412 of 2012;

L.N. 362 of 2013;

L.N. 364 of 2013;

L.N. 404 of 2013;

L.N. 48 of 2016;

L.N. 357 of 2017;

L.N.358 of 2017;

L.N. 231 of 2018;

L.N. 268 of 2018;

L.N. 190 of 2019 L.N. 111 of 2021;

L.N. 292 of 2021;

L.N. 293 of 2021;

L.N. 166 of 2022;

L.N. 252 of 2022;

L.N. 155 of 2023;

L.N. 178 of 2024;

L.N. 237 of 2024;

L.N. 98 of 2025;

L.N. 46 of 2026.

THIRD SCHEDULE (Article 40a) LIST OF P SYCHOTROPIC D RUGS

PART A

International or other nonproprietary name or other trivial name Chemical name α-PVP 1-phenyl-2-(1-pyrrolidin-1-yl)pentan-1one 1-benzyl-1, 4-diazacyclohexane 1-BENZYLPIPERAZINE 2C-1 (2,5-dimethoxy-4iodophenethylamine) 2C-T-2 (2,5-dimethoxy-4ethylthiophenethylamine) 2C-T-7 (2,5-dimethoxy-4-(n)propylthiophenethylamine) TMA-2 (2,4,5,-trimethoxyamphetamine) CATHINONE (-)-a-aminopropiophenone DET N.N-diethyltryptamine DMA dl-2,5-dimethoxy-a-methylphenylethylamine DMHP 3- (1,2-dimethylheptyl)-1-hydroxy7, 8, 9, 10-tetrahydro-6, 6, 9trimethyl-6 H - dibenzo [b,d] pyran DMT N.N-dimethyltryptamine DOB,BROLAMFETAMINE 2,5-dimethoxy-4bromoamphetamine (+)LYSERGIDE, LSD, LSD-25 (+)-N.N-diethyllysergamide (d-lysergic acid diethylamide) DOET dl-2, 5-dimethoxy-4-ethyl-amethylphenylethylamine MEDICAL AND KINDRED PROFESSIONS mCPP 1-(3-chlorophenyl)piperazine oCPP 1-(2-chlorophenyl)piperazine pCPP 1-(4-chlorophenyl)piperazine MDA, METHYLENE DIOXYAMPHETAMINE 3, 4, methylenedioxyamphetamine MDMA, TENAMFETAMINE dl-3,4-methylenedioxy-N, adimethyl-phenylethylamine 4,4’-DMAR 4-methyl-5-(4-methylphenyl)-4,5dihydro-1,3-oxazol-2-amine 4-MA 4-methylamphetamine mephedrone (4-methylmethcathinone) MESCALINE, MESCAL BUTTON, PEYOTE, PEYOTL 2-methylamino-1-(4methylphenyl)propan-1-one 3, 4, 5-trimethoxyphenethylamine MMDA 2-methoxy-alpha-methyl-4-5(methylenedioxy)phenethylamine PARAHEXYL 3-hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6,6,9-trimethyl-6Hdibenzo [b, d] pyran PCE, ETICYCLIDINE N-ethyl-1-phenylcyclohexylamine PHP, PCPY, ROLICYCLIDINE 1-(1-phenylcyclohexyl) pyrrolidine PMA 4-methoxy-a-methylphenylethylamine PMMA paramethoxymethylamphetamine or N-methyl-1-(4-methoxy-phenyl)-2aminopropane PSILOCINE, PSILOTSIN 3-(2-dimethylaminoethyl)-4hydroxyindole PSILOCYBINE 3-(2-dimethylaminoethyl)-indol-4yl di hydrogen phosphate STP. DOM 2-amino-1-(2, 5-dimethoxy- 4methyl) phenylpropane TETRAHYDROCANNABINOL, following isomers and their stereo chemical variants 7, 8, 9, 10 - tetrahydro-6,6,9-trimethylthepentyl- 6H-dibenzo[b,d]pyran-1-ol (9R,10aR)-8,9,10,10a- tetrahydro6,6,9-trimethyl-3-pentyl-6H-ibenzo [b,d]pyran-1-ol (6aR,9R,10aR)- 6a,9,10,10atetrahydro-6, 6,9-trimethyl-3pentyl6H-ibenzo[b,d]pyran-1-ol (6aR,10aR)- 6a,7,10,10a-tetrahydro-6, 6,9-trimethyl-3pentyl-6H-dibenzo [b,d]pyran-1-ol 6a,7,8,9-tetrahydro-6, 6,9-trimethyl3pentyl-6H-dibenzo[b,d]pyran-1-ol (6aR,10aR)- 6a,7,8,9,10,10ahexahydro-6, 6-dimethyl-9methylene-3-pentyl-6Hdibenzo[b,d]pyran-1-ol TCP, TENOCYCLIDNE 1-[1-(2-thienyl) cyclohexyl] piperidine TMA dl-3, 4, 5-trimethoxy-a-methylphenylethylamine 4-MTA (α -methyl-4- MEDICAL AND KINDRED PROFESSIONS

methylthiophenethylamine) 5-IT 5-(2-aminopropyl)indole Methcathinone 2-(methylamino)-1-phenylpropan-1one Methoxetamine 2-(ethylamino)-2-(3methoxyphenyl)cyclohexanone 25I-NBOMe (2C-I-NBOMe) 2-(4-iodo-2,5-dimethoxyphenyl)-N[(2- methoxyphenyl)methyl]ethanamine 25B-NBOMe (2C-B-NBOMe) 2-(4-bromo-2,5-dimethoxyphenyl)N-[(2methoxyphenyl)methyl]ethanamine 25C-NBOMe (2C-C-NBOMe) 2-(4-chloro-2,5-dimethoxyphenyl)N-[(2- methoxyphenyl)methyl]ethanamine 3,4-methylenedioxypyrovalerone (MDPV) (RS)-1-(Benzo[d][1,3]dioxol-5-yl)-2(pyrrolidin-1-yl)pentan-1-one Methylone (beta-keto-MDMA) (±)-2-Methylamino-1-(3,4methylenedioxyphenyl)propan-1-one JWH-018 Naphthalen-1-yl-(1-pentylindol-3-yl) methanone AM-2201 1-[(5-Fluoropentyl)-1H-indol-3-yl](naphthalene-1-yl)methanone 4-MEC (4-methylethcathinone) 2-(ethylamino)-1-(4methylphenyl)propan-1-one Ethylone 1-(2H-1,3-benzodioxol-5-yl)-2(ethylamino)propan-1-one Pentedrone 2-(methylamino)-1-phenylpentan-1-(αmethylaminovalerophenone)one Ethylphenidate (EPH) ethyl phenyl(piperidin-2-yl)acetate Methiopropamine (MPA) N-methyl-1-(thiophen-2-yl)propan-2amine MDMB-CHMICA methyl N-{[1-(cyclohexylmethyl)-1Hindol-3-yl]carbonyl}-3-methyl-Lvalinate 5F-APINACA (5F-AKB-48) N-(adamantan-1-yl)-1-(5-fluoropentyl)1H-indazole-3-carboxamide XLR-11 [1-(5-fluoropentyl)-1H-indol-3yl](2,2,3,3- tetramethylcyclopropyl)methanone AB-CHMINACA N-[(2S)-1-Amino-3-methyl-1-oxobutan2-yl]-1-(cyclohexylmethyl)-1Hindazole-3-carboxamide 5F-ADB (5F-MDMB-PINACA) Methyl(2S)-2-{[1-(5-fluoropentyl)-1Hindazole-3-carbonyl]amino}-3,3dimethylbutanoate AB-PINACA N-[(2S)-1-Amino-3-methyl-1-oxobutan2-yl]- 1-pentyl)-1H-indazole-3- MEDICAL AND KINDRED PROFESSIONS carboxamide UR-144 (1-Pentyl-1H-indol-3-yl)(2,2,3,3tetramethylcyclopropyl)methanone 5F-PB-22 Quinolin-8-yl 1-(5-fluoropentyl)-1Hindole-3-carboxylate 4-Fluoroamphetamine (4-FA)1-(4-Fluorophenyl)propan-2amine ADB-CHMINACA N-(1-amino-3,3-dimethyl-1-oxobutan2-yl)-1-(cyclohexylmethyl)-1Hindazole-3-carboxamide CUMYL-4CN-BINACA 1-(4-cyanobutyl)-N-(2-phenylpropan-2yl)-1H-indazole-3-carboxamide ADB-FUBINACA N-(1-amino-3,3-dimethyl-1-oxobutan2-yl]-1-(4-fluorobenzyl)-1H-indazole3-carboxamide FUB-AMB (MMB- or AMB-FUBINACA) Methyl (2S)-2-{[1[(4-fluorophenyl)methyl]indazole-3carbonyl]amino}-3-methylbutanoate N-ethylnorpentylone 1-(2H-1,3-benzodioxol-5-yl)-2(ethylamino)pentan-1-one) DOC 1-(4-chloro-2,5dimethoxyphenyl)propan-2-amine HHC, hexahydrocannabinol 6,6,9-Trimethyl-3-pentyl-6a,7,8,9,10,10ahexahydro-6H-benzo[c]chromen-1-ol HHC-O acetate, HHCO, (6,6,9-trimethyl-3-pentyl-6a,7,8,9,10,10aHHCOA, hexahydrobenzo[c]chromen-1-yl) acetate;

hexahydrocannabinol O-Acetate 6,6,9-trimethyl-3-pentyl-6a,7,8,9,10,10ahexahydro-6H-benzo[c]chromen-1-yl acetate HHC-P,hexahydrocannabiphorol 3-Heptyl-6a,7,8,9,10,10a-hexahydro-6,6,9trimethyl-6H-dibenzo[b,d]pyran-1-ol;

3-heptyl-6,6,9-trimethyl-6a,7,8,9,10,10ahexahydro-6H-benzo[c]chromen-1-ol H4CBD, tetrahydrocannabidiol, Hydrogenated CBD, THD, cyclohexyl CBD 2-(2-Isopropyl-5-methylcyclohexyl)-5pentylbenzene-1,3-diol THC-P, tetrahydrocannabiphorol, Delta9-THCP 3-Heptyl-6a,7,8,10a-tetrahydro-6,6,9trimethyl-6H-dibenzo[b,d]pyran-1-ol;

3-Heptyl-6,6,9-trimethyl-6a,7,8,10atetrahydrobenzo[c]chromen-1-ol MEDICAL AND KINDRED PROFESSIONS HHCH, hexahydrocannabihexol, 3-Hexyl-6,6,9-trimethyl-6a,7,8,9,10,10aHHC-H hexahydrobenzo[c]chromen-1-ol;

3-hexyl-6a,7,8,9,10,10a-hexahydro-6,6,9trimethyl-6H-dibenzo[b,d]pyran-1-ol Delta-8-THCP, delta-8Tetrahydrocannabiphorol, JWH 091, THC-heptyl 3-heptyl-6aR,7,10,10aR-tetrahydro-6,6,9trimethyl-6H-dibenzo[b,d]pyran-1-ol;

3-heptyl-6,6,9-trimethyl-6a,7,10,10atetrahydrobenzo[c]chromen-1-ol THCB, Tetrahydrocannabutol, Delta-9THCB, Delta-9-THC-C4, Delta-9-THC-butyl 3-butyl-6,6,9-trimethyl-6a,7,8,10atetrahydro-6H-dibenzo[b,d]pyran-1-ol;

3-butyl-6,6,9-trimethyl-6a,7,8,10atetrahydrobenzo[c]chromen-1-ol 9-OH-HHC, 96,6,9-trimethyl-3-pentyl-6a,7,8,9,10,10aHydroxyhexahydrocannabinol, hexahydro-6H-benzo[c]chromene-1,9-diol;

6a,7,8,9,10,10a-hexahydro-6,6,9-trimethyl9-hydroxy-HHC 3-pentyl-6H-dibenzo[b,d]pyran-1,9-diol delta-8-THC acetate, Δ8-Tetrahydrocannabinol Acetate Δ8-THC-O-Acetate 6aR,7,10,10aR-tetrahydro-6,6,9-trimethyl3-pentyl-6H-dibenzo[b,d]pyran-1-ol, 1acetate Delta-8-THC methylether, 1-methyl-Δ8-THC;

Δ8-Tetrahydrocannabinol methylether Delta-9-THCP acetate, Δ9-Tetrahydrocannabiphorol Acetate; delta-9-THC-C7Acetate 6aR,7,10,10aR-tetrahydro-1-methoxy6,6,9-trimethyl-3-pentyl-6Hdibenzo[b,d]pyran 3-heptyl-6aR,7,8,10aR-tetrahydro-6,6,9trimethyl-6H-dibenzo[b,d]pyran-1-ol, 1acetate delta-9-THCH, (6aR,10aR)-3-hexyl-6a,7,8,10a-tetrahydrodelta-9-Tetrahydrocannabihexol, 6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol delta-9-THC-C6 HHC-P-O-acetate, hexahydrocannabiphorol acetate (6aR,10aR)-6,6,9-trimethyl-3-heptyl6a,7,8,9,10,10ahexahydrobenzo[c]chromen-1-yl acetate Delta-8-THCH, delta-8-tetrahydrocannabihexol delta-8-THC-C6 (6aR,10aR)-3-hexyl-6a,7,10,10aterahydro-6,6,9-trimethyl-6Hdibenzo[b,d]pyran-1-ol".

MEDICAL AND KINDRED PROFESSIONS HHC-C9 or CC9 3-nonyl-6a,7,8,9,10,10a-hexahydro6,6,9-trimethyl-6H-dibenzo[b,d]pyran1-ol And any derivatives, salts, or esters of the above.

PART B

International or other nonproprietary name or other trivial name Chemical name ALLOBARBITAL 5, 5-diallylbarbituric acid AMFEPRAMONE, DIETHYLPROPION 2-(diethylamino) propiophenone AMOBARBITAL 5-ethyl-5-(3-methylbutyl) barbituric acid AMINEPTINE (7-[(10, 11-dihydro-5H-dibenzo [a,d,] cyclohepten-5-y-5-yl)amino] heptanoic acid) AMPHETAMINE (±)-2-amino-1-phenylpropane BARBITAL BENZPHETAMINE 5, 5-diethylbarbituric acid N-benzyl-N,-dimethylphenethylamine BUTALBITAL 5-allyl-5-isobutylbarbituric acid BUTOBARBITAL 5-butyl-5-ethylbarbituric acid CATHINE d-threo-2-amino-1-hydroxy-1-phenylpropane CHLORAL HYDRATE 2, 2, 2- trichloroethane-1,1-diol CHLORDIAZEPOXIDE 7-chloro-2-(methylamino)-5-phenyl3H-1, 4-benzodiazepine-4-oxide CHLORMETHIAZOLE 5-(2-chloroethyl)-4-methyl-1,3thiazole CHLORPHENTERMINE p-chloro--dimethylphenethlylamine CYCLOBARBITAL 5-(1-cyclohexen-1-yl)-5-ethylbarbituric acid CUMYL-PEGACLONE 5-pentyl-2-(-phenylpropan-2-yl)-2,53-methoxyphencyclidine (also known dihydro-1H-pyrido[4,3-b]indol-1-one as 3-MeO-PCP) 1-(1-(3methoxyphenyl)cyclohexyl)piperidine DIPHENIDINE 1-(1,2-diphenylethyl)piperidine CLONAZOLAM (also known as clonitrazolam) 6-(2-chlorophenyl)-1-methyl-8-nitro4Hbenzo[f][1,2,4]triazolo[4,3a][1,4]diazepine) DICLAZEPAM (also known as Ro 5- 7-chloro-5-(2-chlorophenyl)-1-methyl3448) 1,3-dihydro-2Hbenzo[e][1,4]diazepin2-one FLUBROMAZOLAM 8-bromo-6-(2-fluorophenyl)-1-methyl4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine DEXAMPHETAMINE (+)-2-amino-1-phenylpropane MEDICAL AND KINDRED PROFESSIONS DIAZEPAM and other ETHCHLORVYNOL compounds containing the chemical structure of DIHYDRO-1:4 BENZODIAZEPINE or of DIHYDRO-1:5 BENZODIAZEPINE substituted to any degree 7-chloro-1, 3-dihydro-1-methyl-5phenyl-2H-1,4-benzodiazepine-2one ethyl-2-chlorovinylethynylcarbinol ETHINAMATE 1-ethynylcyclohexanolcarbamate FENCAMFAMIN dl-N-ethyl-3-phenylbicyclo (2,2,1)heptan-2-amine FENETYLLINE dl-3, 7-dihydro-1, 3 dimethyl-7-(2[(1-methyl-2-phenylethyl) amino] ethyl)-1H-purine-2, 6-dione FENFLURAMINE N-ethyl--methyl-m(trifluoromethyl) phenethylamine FENPROPOREX dl-3-[(a-methylphenethyl)amino] propionitrile GLUTETHIMIDE 2-ethyl-2-phenylglutarimide KETAMINE (±)-2-(2-Chlorophenyl)-2methylaminocyclohexanone LEVAMPHETAMINE 1-a-methylphenethylamine LEVOMETHAMPHETAMINE 1-N,a-dimethylphenethylamine MAZINDOL 5-(p-chlorophenyl)-2, 5-dihydro-3Himidazo [2, 1- a] isoindol -5-ol MDMB-4-en-PINACA methyl 3,3-dimethyl-2-{[1-(pent-4en-1-yl)-1H-indazole-3-carbonyl] amino}butanoate 4F-MDMB-BICA methyl 2-{[1-(4-fluorobutyl)-1Hindole-3-carbonyl] amino}-3,3dimethylbutanoate MECLOQUALONE 3-(o-chlorophenyl)-2-methyl-4 (3H)quinazolinone

MEFENOREX dl-N-(3-chloropropyl)-amethylphenethylamine MEPHENTERMINE N- -trimethylphenethylamine MEPROBAMATE 2-methyl-2-propyl-1, 3-propanediol dicarbamate METHAMPHETAMINE (+)-2-methylamino-1-phenylpropane METHAMPHETAMINE RACEMATE METHAQUALONE 2-methyl-3-o-tolyl-4(3H)-quinazolinone METHYLPHENIDATE 2-phenyl-2(2-piperidyl) acetic acid, methylester METHYLPHENOBARBITAL 5-ethyl-1-methyl-5-phenylbarbituric acid METHYPRYLON 3, 3-diethyl- 5-methyl-2, 4piperidine-dione N-ETHYLAMPHETAMINE dl-N-ethyl-a-methylphenylethyl- MEDICAL AND KINDRED PROFESSIONS amine PARALDEHYDE acetaldehyde trimer PENTAZOCINE 1, 2, 3, 4, 5, 6, hexahydro-6, 11dimethyl-3 -(3-methyl-2-butenyl)2, 6-methano-3-benzazocin-8-ol PENTOBARBITAL 5-ethyl-5-(1-methylbutyl) barbituric acid PHENCYCLIDINE 1-(1-phenylcyclohexyl) piperidine PHENDIMETRAZINE (+)-3, 4-dimethyl -2-phenylmorpholine PHENMETRAZINE 3-methyl-2-phenylmorpholine PHENOBARBITAL 5-ethyl-5-phenylbarbituric acid PHENTERMINE a, a-dimethylphenethylamine PIPRADROL 1,1-diphenyl-1-(2-piperidyl) methanol PROPYLHEXEDRINE dl-1-cyclohexyl-2-methylaminopropane PYROVALERONE dl-1-(4-methylphenyl)-2-(1pyrrolidinyl)-1-pentanone SECBUTABARBITAL 5-sec-butyl-5-ethylbarbituric acid SECOBARBITAL 5-allyl-5-(1-methylbutyl) barbituric acid SPA, LEFETAMINE (-)-1-dimethylamine-1, 2, diphenylethane TIANEPTINE 7-[(3-Chloro-6,11-dihydro-5,5-dioxo -6-methyldibenzo[c,f][1,2] thiazepin-11-yl) amino] heptanoic acid TRAMADOL (±)-trans-2-Dimethylaminomethyl-1(3-methoxyphenyl) cyclohexanol VINYLBITAL 5-(1-methyl-butyl)-5vinylbarbituric acid.

ZOLPIDEM (N,N,6-trimethyl-2-p-tolylimidazo [1,2-]pyridine-3-acetamide) 2C-B (4-bromo-2,5dimethoxyphenethylamine) GHB (γ-hydroxybutyric acid) AMINOREX 2-amino-5-phenyl-2-oxazoline BROTIZOLAM 2-bromo-4(o-chlorophenyl)-9methyl-6H-thieno [3,2-f]-s-triazolo [4,3-a] [1,4] Diazepine BUPRENORPHINE 21-cyclopropyl-7-alpha-[(S)lhydroxy-1,2,2-trimethylpropyl]6,14-endoethano-6,7,8,14tetrahydrooripavine MESOCARB 3-(α-methylphenethyl)Nphenylcarbamoyl) sydnone imine PEMOLINE 2-amino-5-phenyl-2-oxazolin-4-one or 2-imino-5-phenyl-4-oxazolidinone ZIPEPROL MEDICAL AND KINDRED PROFESSIONS α-(α-μethoxybenzl)-4((ßmethoxphenethyl)1-Piperazineethanol DRONABINOL delta-9(6aR, 10aR)-6a7, 8, 10a-tetrahydrotetrahydrocannabinol 6,6,9and its stereochemical variants trimethyl-3-penatyl-6H-dibenzo [b,d] (This item refers to only one of the pyran-1-o1 stereochemical variants of delta-9-tetrahydrocannabinol, namely (-)-trans-delta-9tetrahydrocannabinol.) AB-FUBINACA (or FUB-AMB) N-(1-amino-3-methyl-1-oxobutan-2yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide 5F-AMB-PINACA (or 5F-AMB or 5F-MMB-PINACA) methyl 2-({[1-(5fluoropentyl)-1H-indazole-3-yl]carbonyl}amino)-3-methylbutanoate 5F-MDMB-PICA (or 5F-MDMB-2201) methyl 2-{[1-(5-fluoropentyl)1H-indole-3-carbonyl]amino}-3,3-dimethylbutanoate 4F-MDMB-BINACA (or 4F-MDMB-BUTINACA) methyl 2-{[1-(4fluorobutyl)-1H-indazole-3-carbonyl]amino}-3,3-dimethylbutanoate 4-BMC, 4-bromomethcathinone 1-(4Bromophenyl)-2-(methylamino)propan-1-one 4-CMC (or 4-chloromethcathinone or clephedrone) 1-(4-chlorophenyl)-2(methylamino)propan-1-one N-ethylhexedrone (or NEH, Hexen, Ethyl-Hex, Ethyl-hexedrone) (ethylamino)-1-phenylhexan-1-one NEP, N-Ethylnorpentedrone, 1-phenylpentan-1-one 2- 2-(Ethylamino)- Alpha-PHP (or PV-7, α-PHP, α-pyrrolidinohexanophenone) (pyrrolidin-1-yl)hexan-1-one 1-phenyl-2- Flualprazolam (or Ro 11-5073/000) 8-chloro-6-(2-fluorophenyl)-1methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine Etizolam (or Y-7131 or Depas) 4-(2-chlorophenyl)-2-ethyl-9-methyl6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine EUTYLONE 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one 2-MMC, 2-methylmethcathinone, 2(Methylamino)-1-(2-methylphenyl)propan-1one 3-methylmethcathinone, 3-MMC 2-(methylamino)-1-(3-methylphenyl)propan1-one 3-chloromethcathinone, 3-CMC 1-(3-chlorophenyl)-2-(methylamino)propan-1one ADB-BUTINACA N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-butyl-1Hindazole-3-carboxamide) MEDICAL AND KINDRED PROFESSIONS Alpha-PiHP, α-PiHP 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one) BROMAZOLAM 8-bromo-1-methyl-6-phenyl-4H-[1,2,4]triazolo[4,3a][1,4]benzodiazepine

DIPENTYLONE 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)pentan-1-one 2-FLUORODESCHLOROKETAMINE (2-FDCK) 2-(2-fluorophenyl)-2methylamino-cyclohexanone CARISOPRODOL (2RS)-2-[(carbamoyloxy)methyl]-2-methylpentyl (1methylethyl)carbamate And any salts or esters of the above.

FOURTH SCHEDULE (Article 120A) Guidelines on the exercise of discretion under article 120A These guidelines apply to all accused persons aged 16 and over.

In determining the court in which a person accused of an offence against this Ordinance is to be tried the harm or the potential harm caused by the offence charged shall be the principal consideration.

The quantity of the drug is a principal consideration in assessing harm. The purity need not necessarily be taken into account at the initial stage but it may be considered in determining whether a person initially referred for trial before the Criminal Court is to be referred for trial before the Court of Magistrates at a later stage.

The role played by the accused in the crime shall if sufficient information is available, also be taken into consideration.

In such cases a distinction should be made between persons who played a leading role, a significant role or a lesser role in the commission of the offence.

A leading role in the commission of the offence may be indicated by the following: • that the accused organized or directed buying and selling of a drug on a commercial scale; • that the accused had substantial links to and significant influence on other persons in a chain; • that the accused had close links to the original source of the drugs; • that the accused made substantial financial gain or had an expectation of substantial financial gain; • that the accused used a legitimate business as a cover for buying or selling drugs; • that the accused has abused a position of trust or of significant responsibility in the commission of the Added by:

XXIV. 2014.78;

VII.2025.5.

MEDICAL AND KINDRED PROFESSIONS offence, for example when the accused is a prison employee or a legal or medical professional.

A significant role in the commission of the offence may be indicated by the following: • that the accused had an operational or a management function within a chain; • that the accused involved others in the operation either by exerting pressure or influence upon them or by intimidation or offer of reward; • that the accused was motivated by the prospect of financial or other advantage, irrespective of whether the accused was acting alone or with others; • that the accused appeared to be aware and to understand the scale of the operation; • that the accused, not being a person abusing a position of trust or responsibility, supplied the drug to a prisoner for gain but without coercion.

A lesser role in the commission of the offence may be indicated by the following: • that the accused has performed a limited role in the commission of the offence and has acted under the direction of others; • that the accused was engaged by others to commit the offence by pressure, coercion or intimidation; • that the accused got involved in the commission of the offence because of his naivete or because he was exploited by others; • that the accused had no influence on those above him in a chain; • that the accused had very little, if any, understanding of the scale of the operation; • that taking all circumstances into account it is reasonable to conclude that the accused was involved in the commission of the offence solely for the purpose of obtaining drugs for his own use; • that the accused made no financial gain from the offence, for example in cases involving a common purchase of a minimal quantity for no profit or the sharing of a minimal quantity between friends on a non-commercial basis.

Aggravating factors resulting from the law shall be taken into consideration.

Other aggravating factors that may be taken into consideration may include: • the sophisticated nature of concealment of the drug and the nature of any attempts to avoid detection; • any attempts made to conceal or to dispose of MEDICAL AND KINDRED PROFESSIONS evidence; • the exposure of others to exceptional danger such as when a drug is cut with harmful substances; • high purity of the drug; • that the accused has targeted places intended to locate vulnerable persons or has sought to supply drugs to minors; • that others, especially children and non-users were present when the accused committed the offence.

The following amounts involved in the offence, when the said amounts are known, can be taken as indicative that a person should not be referred for trial before the Criminal Court: ecstasy: less than 500 pills LSD: less than 300 squares amphetamine: less than 300 grams ketamine: less than 150 grams.

Any assistance which the accused may have rendered to the Police or to the prosecution may also be taken into account.