Revised Laws of Saint Lucia (2022)

Schedule

(Sections 2, 5, 7, 59 and 61)

ALLIED HEALTH PROFESSIONS

Acupunturist

Anaethesia Technician

Audiologist

Ayurvedic Medicine

Chiropodist

Chiropractor

Dental Hygienist

Dental Technician

Dental Therapist

Dietician/Nutritionist

Emergency Medical Technician

Emergency Medical Dispatcher

Herbalist Homeopath

Imaging Technologist

Massage Therapist

Medical Technologist

Naturopath

Optician

Optometrist

Occupational Therapist

Orthoptist

Orthotist/Prosthetist

Osteopath

Paramedic

Podiatrist/Chiropodist

Psychotherapist/Counsellor

Podiatry Assistant/Foot Health Practitioner

Physiotherapist

Psychologist

Reflexologist

Speech Language Pathologist

Sports Therapist

Social Worker

Traditional Chinese Medicine Practitioner

(Amended by S.I. 3/2018)

CHAPTER 11.06
HEALTH PRACTITIONERS ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Health Practitioners (Appeals Board) Regulations

(Statutory Instrument 94/2015)

Statutory Instrument 94/2015 .. in force 19 October 2015

ARRANGEMENT OF REGULATIONS

PRELIMINARY

PART 1
ADMINISTRATION

PART 2
PROCEDURE AND MEETINGS OF APPEALS BOARD

PART 3
APPEALS

PART 4
HEARING OF APPEALS

PART 5
MISCELLANEOUS

HEALTH PRACTITIONERS (APPEALS BOARD) REGULATIONS – SECTION 113 AND 124

Commencement [19 October 2015]

PRELIMINARY

1.   Citation

These Regulations may be cited as the Health Practitioners (Appeals Board) Regulations.

2.   Interpretation

In these Regulations —

“Act” means the Health Practitioners Act;

“appellant” means a health practitioner or an applicant for registration under the Act who is aggrieved by a decision of the relevant Council;

“Chairperson” means the Chairperson of the Appeals Board appointed under regulation 3(2);

“member” means a member of the Appeals Board;

“Secretary” means the Secretary to the Appeals Board appointed under regulation 4.

PART 1
ADMINISTRATION

3.   Constitution of Appeals Board

1.  

   (1)   The Minister shall, after consultation with the Allied Health Council and the Medical and Dental Council, appoint the members of the Appeals Board by Notice published in the Gazette.

1.  

   (2)   The Appeals Board consists of —

   1.  

      (a)     an attorney-at-law of at least 10 years standing who shall be the Chairperson of the Appeals Board;

   1.  

      (b)     a medical practitioner;

   1.  

      (c)     a dental practitioner;

   1.  

      (d)     an allied health practitioner; and

   1.  

      (e)     a lay person.

1.  

   (3)   A member of the Appeals Board shall hold office for a term not exceeding 3 years and is eligible for reappointment.

1.  

   (4)   Where any person ceases to be a member during the term of his or her appointment, the Minister may appoint another person to hold that office for the remainder of that term.

1.  

   (5)   Where the Chairperson or any member is absent or unable to act, the Minister may appoint any person to act temporarily in his or her place.

1.  

   (6)   The Minister shall publish the names of all members as first constituted and every change in membership of the Appeals Board in the Gazette.

1.  

   (7)   A member shall be paid such remuneration as the Minister may determine.

4.   Appointment of Secretary

1.  

   (1)   The Minister shall appoint a Secretary to the Board, on such terms and conditions as the Appeals Board may determine.

1.  

   (2)   The Secretary to the Appeals Board shall perform such duties assigned to and consistent with the post of a Secretary, in particular, the Secretary shall —

   1.  

      (a)     make preparations for and attend meetings of the Appeals Board;

   1.  

      (b)     prepare and keep minutes of meetings of the Appeals Board; and

   1.  

      (c)     assist the Appeals Board in such manner as the Appeals Board may from time to time require in the discharge of its functions.

1.  

   (3)   The Secretary shall not be a member of the Appeals Board.

5.   Resignation of member

1.  

   (1)   A member, other than the Chairperson, may at any time resign from his or her office, by giving written notice to the Minister transmitted through the Chairperson and such notice shall take effect from the date of receipt of the notice by the Minister.

1.  

   (2)   The Chairperson may at any time resign from his or her office, by giving written notice to the Minister and such notice shall take effect from the date of receipt of the notice by the Minister.

6.   Revocation of appointment

The Minister may, in writing, revoke the appointment of any member if —

1.  

   (a)     that member is incapable for any reason of performing his or her function as a member;

1.  

   (b)     that member has failed to follow the provisions of the Act; or

1.  

   (c)     the Minister, on reasonable grounds, think it expedient to do so.

7.   Disqualification

A person is disqualified from being a member if that person —

1.  

   (a)     is declared a bankrupt pursuant to Chapter 9 of the Commercial Code, Cap. 244 of the Revised Laws of Saint Lucia, 1957;

1.  

   (b)     is declared by a registered health practitioner or a Court to be mentally incapacitated ; or

1.  

   (c)     is convicted of a criminal offence except where the offence is a minor traffic offence or is spent under the Criminal Records (Rehabilitation of Offenders) Act.

8.   Vacation of office

The office of a member is vacated —

1.  

   (a)     upon the death of a member;

1.  

   (b)     if a member becomes disqualified under regulation 7;

1.  

   (c)     if a member resigns under regulation 5;

1.  

   (d)     on the expiry of that member's term of appointment;

1.  

   (e)     if that member fails to attend three consecutive meetings of the Appeals Board without presenting a medical certificate or without being excused by the Minister in writing, in the case of the Chairperson or excused by the Chairperson in the case of any other member.

PART 2
PROCEDURE AND MEETINGS OF APPEALS BOARD

9.   Procedure and meetings of the Appeals Board

1.  

   (1)   The Appeals Board shall meet at such times, at such places and on such days as may be necessary or expedient for the discharge of its functions as the Chairperson may determine.

1.  

   (2)   The Secretary to the Tribunal shall give to every member notice of a meeting at least 72 hours before the time appointed for holding the meeting.

1.  

   (3)   Where a member, including the Chairperson, has either directly or indirectly, any interest or conflict of interest in respect of the parties to or the subject matter of any meeting or hearing, of the Appeals Board, he or she shall as soon as practicable —

   1.  

      (a)     in the case of the member, inform the Chairperson;

   1.  

      (b)     in the case of the Chairperson, inform the Minister,

and shall not participate in any way in the matter in respect of which the interest or conflict of interest has arisen.

1.  

   (4)   The quorum for a meeting under sub-regulation (1) is 4 members, to include the Chairperson.

1.  

   (5)   A decision of the Appeals Board shall be determined by a majority of votes of those members present and voting and where the voting is equal the Chairperson has, in addition to his or her original vote, a casting vote.

1.  

   (6)   A decision of the Appeals Board shall be signed by the Chairperson and the Secretary of the Appeals Board.

1.  

   (7)   The validity of any decision of the Appeals Board shall not be affected by any vacancy in its membership or by any defect in the appointment of its members.

1.  

   (8)   The Secretary shall keep minutes of each meeting in the form the Chairperson may direct.

1.  

   (9)   Subject to these Regulations, the Tribunal shall regulate its own proceedings.

PART 3
APPEALS

10.   Application

This Part shall apply to all appeals pending or filed on or after the date on which these Regulations are made.

11.   Notice of Appeal

1.  

   (1)   An appellant may appeal, by notice in writing, to the Appeals Board within 14 days of the decision of the relevant Council.

1.  

   (2)   The notice of appeal referred to in sub-regulation (1) shall be signed by the Appellant and 6 copies of the notice of appeal shall be submitted to the Secretary.

1.  

   (3)   A notice of appeal shall be signed and dated and shall state —

   1.  

      (a)     the name of the Appellant;

   1.  

      (b)     the Appellant's office, if any;

   1.  

      (c)     the date of the decision from which the Appellant desires to appeal;

   1.  

      (d)     the relevant Council from whose decision the Appellant desires to appeal;

   1.  

      (e)     the date on which the Appellant received notice of the decision he or she desires to appeal;

   1.  

      (f)     the decision which the Appellant seeks from the Appeals Board;

   1.  

      (g)     an address to which any notice or other document may be sent to the Appellant from the Appeals Board; and

   1.  

      (h)     the reasons in detail for the appeal.

1.  

   (4)   A notice of appeal shall be in the form set out in Schedule 1.

1.  

   (5)   The Secretary shall publish in the Gazette an address where notice of appeal may be given under these Regulations.

1.  

   (6)   A notice of appeal shall be delivered to the Secretary either personally or by sending it by registered mail to the address published under sub-regulation (5).

12.   Record

The Secretary shall as soon as possible after receiving a notice of appeal compile a record which shall consist of the —

1.  

   (a)     notice of appeal;

1.  

   (b)     notes of evidence;

1.  

   (c)     relevant documents and exhibits, if any;

1.  

   (d)     reasons for the decision of the relevant Council.

13.   Transmission of the record

1.  

   (1)   The Secretary shall, as soon as possible after compiling the record under regulation 12, send one copy to each of the following persons —

   1.  

      (a)     the Chairperson;

   1.  

      (b)     all other members of the Appeals Board;

   1.  

      (c)     the Appellant; and

   1.  

      (d)     the relevant Council.

1.  

   (2)   The copy of the record to be sent to the Appellant and the relevant Council shall be either delivered personally or sent by registered mail.

14.   Application for extension of time

1.  

   (1)   The Appeals Board may extend the time within which an appeal may be brought under these Regulations.

1.  

   (2)   An application to extend the time within which an appeal may be brought shall be in writing and the provisions relating to appeals shall, with the necessary modifications, apply to an application under this regulation as they apply to a notice of appeal and to the proceedings in an appeal.

1.  

   (3)   An application to extend the time within which an appeal may be brought shall be in the form set out in Schedule 2.

1.  

   (4)   Where the Appeals Board extends the time within which an appeal shall be brought, the application to extend the time shall be determined by the members.

PART 4
HEARING OF APPEALS

15.   Hearing by Appeals Board

1.  

   (1)   A health practitioner or an applicant for registration under the Act, who is aggrieved by a decision of the relevant Council may, appeal to the Appeals Board.

1.  

   (2)   A hearing by the Appeals Board shall take place within 60 days of the date of the relevant Council's decision.

1.  

   (3)   At least 7 days before the date fixed for the hearing of an appeal, the Secretary to the Appeals Board shall by notice in writing advise the Appellant and the relevant Council of the date, and the place at which the appeal has been set down for hearing.

1.  

   (4)   A notice under sub-regulation (2) shall be delivered to the Appellant and the relevant Council or sent by registered mail.

1.  

   (5)   At least 7 days before the hearing of the Appeals Board, the Secretary shall, whenever practicable, cause the notice referred to under sub-regulation (2) to be published in the Gazette.

1.  

   (6)   At every hearing by the Appeals Board the Appellant and the relevant Council shall be entitled to appear in person or by a representative.

1.  

   (7)   The hearing of an appeal by the Appeals Board shall be in private.

1.  

   (8)   An appeal to the Appeals Board shall include a review of the record.

16.   Powers of Appeals Board

The Appeals Board shall have power —

1.  

   (a)     to require any person to produce any document which the Appeals Board may consider necessary for the purpose of the appeal;

1.  

   (b)     to summon to attend at the hearing of an appeal any person who in its opinion is or might be able to give evidence respecting the appeal;

1.  

   (c)     where any person is summoned, to examine him or her on oath;

1.  

   (d)     to adjourn, strike out, dismiss or proceed with the hearing of an appeal where the Appellant or the relevant Council fails to appear;

1.  

   (e)     to adjourn from time to time as the Appeals Board sees fit;

1.  

   (f)     to determine the procedure to be followed in an appeal.

17.   Decision of the Appeals Board

1.  

   (1)   Upon every hearing of an appeal, the Appeals Board may confirm or set aside the decision appealed or may make any other decision which the relevant Council could have made.

1.  

   (2)   Where the decision given by the Council is confirmed, that confirmation shall be deemed to have taken effect from the date on which the decision was made by the Council.

1.  

   (3)   The Secretary shall, as soon as possible after the Appeals Board has made a decision, send a copy of the decision to —

   1.  

      (a)     the Appellant;

   1.  

      (b)     the relevant Council.

1.  

   (4)   A copy of a decision under sub-regulation (3) shall be sent to the Appellant and the relevant Council or sent by registered mail.

18.   Pending appeals

The procedure to regulate all appeals pending, filed before the date on which these Regulations are made, shall be as the Appeals Board determine.

PART 5
MISCELLANEOUS

19.   Confidentiality

A member shall not, either directly or indirectly, except in the performance of his or her duty or as required by law, make a record of or communicate to any person, information concerning the affairs of another person which he or she acquired by reason of his or her office or for the purposes of this Act.

Schedule 1

(Regulation 11(4))

Schedule 2

(Regulation 14(3))