PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO MEDICINE [ S.L.458.19 1
SUBSIDIARY LEGISLATION 458.19
PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO 
MEDICINE RULES
20th September, 1985
LEGAL NOTICE 31 of 1985, as amended by Legal Notice 3 of 2000.
Title.
Names of Professionals Complimentary to Medicine Rules.
Interpretation.
Amended by:
L.N. 3 of 2000.
Cap. 464.
2. In these Rules - 
"Act" means the Health Care Professions Act;
"appropriate register" means the appropriate register for the
purposes of the Act;
"Chairman" means the Chairman of the Council for the
Professions Complimentary to Medicine and includes, in the case
of absence of the Chairman from a meeting of the Council, the
member acting as Chairman for that meeting;
Cap. 94.
"Council" means the Council for the Professions Complimentary
to Medicine established by the Department of Health (Constitution)
Ordinance;
"practitioner" means a physiotherapist, a medical laboratory
scientist, an occupational therapist, a radiographer, a speech
therapist, a health inspector or a member of any other recognised
profession complimentary to medicine as the Minister of Health
may declare in terms of the Act, registered under the Act;
Cap. 94.
"Registrar" means the Registrar of the Council for the
Professions Complimentary to Medicine appointed in accordance
with the provisions of article 35(4) of the Department of Health
(Constitution) Ordinance.
Directions under 
the Act.
3. No direction shall be given under the Act except in
consequence of an inquiry held in accordance with these rules into
the charge formulated in a notice of inquiry served in accordance
with the provisions of these rules on the person against whom the
charge is made.
Complaint and 
information.
Cap. 9.
4. (1) When a complaint in writing by a private person or a
report by a person acting in a public capacity are sent to the
Council -
( a ) that a practitioner has been convicted by a Maltese
Court of any crime punishable by imprisonment for a
term exceeding one year or of any of the crimes
mentioned in articles 212 to 219 or in articles 221 to
223 of the Criminal Code; or
( b ) relating to the conduct of a practitioner; or
( c ) refers to the fact that a practitioner is unfit to practise
his profession on grounds of mental or physical
2 [ S.L.458.19
PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO MEDICINE
infirmity,
the Registrar shall submit the relative document to the Chairman.
(2) In so far as a complaint or report relate to conduct or
unfitness on grounds of infirmity no further steps are to be taken
unless and until the document is confirmed by means of a
declaration on oath; and every such declaration - 
( a ) shall state the address and description of the declarant,
and
( b ) if any fact declared is not within the personal
knowledge of the declarant, it shall state the source of
the declarant’s information and the grounds for his
belief in the truth of the fact.
(3) The Chairman shall direct the Registrar to notify the
practitoner of the receipt of the complaint or report stating the
substance thereof and sending to the practitioner a copy of any
declaration on oath furnished under sub-rule (2), and to invite the
practitioner to submit to the Council, within such date as the
Chairman shall determine, any explanation which the practitioner
may have to offer; and every such explanation must be in writing
and must reach the Registrar within the time fixed by the
Chairman:
Provided that in so far as a complaint or report relate to
infamous conduct in a professional respect, he shall direct the
Registrar -
( a ) to refer such complaint or information to the Council
to decide whether the complaint or report need not
proceed further; or
( b ) to direct the Registrar to notify the practitioner in
accordance with the provisions of this sub-rule.
(4) The Chairman shall direct the Registrar to refer for inquiry
a complaint or information to the Council together with any
explanation then furnished by the practitioner and any declarations
on oath furnished under sub-rule (2).
Notice of inquiry. 5. (1) As soon as may be after a complaint or report has been
referred to the Council under the foregoing provisions and unless
the Council is fully satisfied with the written explanation of the
practitioner, the Registrar shall serve on the practitioner a notice of
inquiry which shall specify the charge, and state the day, time and
place at which the inquiry is to be held.
(2) The inquiry shall not be fixed for any date earlier than eight
days after the date of service of the notice of inquiry on the
practitioner.
(3) The Registrar shall cause such service to be effected either
personally on the practitioner, or by the delivery of such notice at
his place of residence.
(4) A notice of inquiry shall be in the form set out in Form A
contained in the Schedule, with such variations as circumstances
may require.
PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO MEDICINE [ S.L.458.19 3
(5) A copy of these rules shall be sent with any notice of
inquiry.
(6) A copy of the notice of inquiry shall be served on the
complainant or the informer.
Day and time of 
inquiry.
6. The Chairman shall appoint the day and time for the
holding of an inquiry under the Act.
Defective notice. 
Chairman, or at any stage of the hearing it appears to the Council,
that a notice of inquiry is defective, the Chairman or the Council, as
the case may be, shall give directions for the amendment of the
notice as may be necessary, unless, having regard to the merits of
the case, the required amendments cannot be made without
injustice.
(2) Where in the opinion of the Chairman or of the Council it is
expedient, in consequence of the exercise by him or it of the
powers conferred by sub-rule (1), that the inquiry should be
postponed or adjourned, the Chairman or the Council, as the case
may be, shall give such directions as appear necessary.
Public 
proceedings.
8. Proceedings before the Council shall be held in public; the
Council may, however, when it considers it necessary or expedient,
order that the proceedings be held in private.
Abstention or 
challenge.
Cap. 12.
9. (1) Any member of the Council and the Registrar shall
abstain from taking part in any inquiry or may be challenged in any
of the circumstances in which a judge would abstain or may be
challenged in accordance with the provisions of article 734 of the
Code of Organization and Civil Procedure.
(2) Any such challenge shall be made before the reading out by
the Registrar of the charge to the practitioner, unless the cause of
the challenge arose or came to the knowledge of the party later.
(3) The Council shall decide the objection previously to the
reading of the said charge, or as the case may be, and its decision
shall be final.
Legal and other 
assistance.
10. (1) Any party to the proceedings before the Council may
be assisted by an advocate or legal procurator. The practitioner may
also be assisted by a member of his profession whose name is also
entered in the appropriate register.
(2) The Chairman shall bring the provisions of these rules to
the notice of any party to the proceedings appearing before the
Council without any such assistance.
Reading of charge.
reading out by the Registrar of the charge. Thereupon the Chairman
shall put to the practitioner the question whether he admits or
refutes the charge.
Admission or 
refutation.
12. (1) If the practitioner admits the charge the Council may,
in its discretion, dispense with the production of witnesses and
proceed to give its decision on that day or on any other day
appointed for the purpose.
4 [ S.L.458.19
PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO MEDICINE
(2) If the practitioner refutes the charge the Council shall
proceed with the inquiry.
(3) If the practitioner fails to attend without just cause and the
Council is satisfied that a notice of inquiry was served as required
by these rules, the Council may, if it thinks fit, proceed with the
inquiry even in his absence:
Provided that if the practitioner is unable to attend for a just
cause, he may, if he so prefers, request that the inquiry be
proceeded with and appoint one of the persons mentioned in rule
10(1) to represent him in the proceedings.
Proceedings. 13. The proceedings on an inquiry shall be as follows:
( a ) Witnesses in support of the charge shall be produced
and examined by the party producing them or in his
absence by the Council and cross-examined by the
practitioner; after which any member of the Council
may put questions as he may deem necessary.
( b ) Witnesses in defence shall be heard and in case the
practitioner wishes to give his evidence, he may do so
provided that his evidence shall be given before that of
any witness to be produced by him. Witnesses shall be
examined by the practitioner or by the person by
whom he is assisted or represented and cross-
examined by any other party to the proceedings; after
which any member of the Council may put questions
as he may deem necessary.
( c ) When the whole of the evidence has been concluded,
the practitioner may, personally or through the person
by whom he is assisted or represented, address the
Council and make his defence.
( d ) The Council shall then give its decision on that day or
on any other day appointed for the purpose.
( e ) The Council shall not be debarred at any stage of the
proceedings, until the decision is given, from re-
examining any witness or requesting the production of
any documents.
Charge not proved. 14. In all cases where the Council is satisfied that the charge
has not been proved, the Council shall decide accordingly and it
shall record a finding that the charge has not been proved and that
the practitioner is or is not guilty in respect of the matters to which
the charge relates.
Decisions public 
and in writing.
15. (1) The decisions of the Council shall be given in public
and they shall be signed by the Chairman.
(2) The original shall be kept by the Registrar, together with
the complete record of the inquiry.
Validity of 
proceedings.
16. Where under any of the foregoing provisions of these rules
the inquiry stands postponed to a future meeting, the validity of the
proceedings at that meeting shall not be called into question by
PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO MEDICINE [ S.L.458.19 5
reason only that certain members of the Council who were present
at the former meeting were not present at the later meeting or that
certain members of the Council who were present at the later
meeting were not present at the former meeting.
Copy of decision.
a copy of the decision of the Council.
Form of summons 
to give evidence.
18. Notice to any person to appear before the Council to give
evidence and/or produce documents shall be in the form set out in
Form B contained in the Schedule. 
Signature and 
service of 
summons.
19. Every notice referred to in these rules shall be signed by
the Chairman and, saving the provisions of rule 5(3), shall be
served in accordance with the provisions of article 36 of the Act:
Provided that any notice issued under rule 18 shall be
served in accordance with the provisions of article 37 of the Act.
Power of Council.
proceedings - 
( a ) to maintain good order, and
( b ) to regulate the discussion.
Confidential 
discusions.
21. The members of the Council and the Registrar shall not
divulge anything discussed by the Council in the course of an
inquiry.
Other proceedings.
regulate its own procedure.
6 [ S.L.458.19
PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO MEDICINE
SCHEDULE
Rules 5(3), 18
FORM A
Rule 5 (3)
COUNCIL FOR THE PROFESSIONS COMPLIMENTARY TO 
MEDICINE
Notice of Inquiry
To .....................................
..........................................
I hereby give you notice that the Council for the Professions
Complimentary to Medicine has ordered an inquiry to consider and
judge the charge imputed to you, namely ...........................
.......................................................................................................
You are hereby informed that the first sitting of the said inquiry
will be held on ............... the .................19 ............. at ... ...............
A copy of the Council for the Professions Complimentary to
Medicine (Erasure of Names Procedure) Rules is enclosed for your
guidance.
You are warned that failure on your part to appear without giving
a reasonable explanation for your absence would not debar the
Council for the Professions Complimentary to Medicine from
proceeding with the inquiry even in your absence.
Chairman, 
Date ............................ Council for the Professions
 Complimentary to Medicine
PROCEDURE FOR THE ERASURE OF NAMES OF 
PROFESSIONALS COMPLIMENTARY TO MEDICINE [ S.L.458.19 7
FORM B 
Rule 18
COUNCIL FOR THE PROFESSIONS COMPLIMENTARY TO 
MEDICINE
Notice to a person to give evidence and/or to produce
Documents, etc.
To ....................................
You are hereby required to attend before the Council for the
Professions Complimentary to Medicine on ......................... the
................19 ...... at ............. at ........................ and so on any
other day to which the hearing may be put off, to give evidence
and/or to produce the following documents ........................... in the
matter of an inquiry held against ..........................................
You are warned that failure to attend as hereby required will
expose you to the sanctions prescribed by law.
Chairman, 
Date ................................. Council for the Professions
Complimentary to Medicine
