Revised Laws of Saint Lucia (2022)

105.   Specific matters in respect of which a complaint may be made

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    (1)   Without limiting the matters in respect of which a complaint may be made, under section 104, a complaint may be made that a health practitioner—

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      (a)     has been registered by reason of a false or misleading statement or declaration;

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      (b)     no longer holds or is no longer entitled to hold, a qualification by reason of which the health practitioner was registered;

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      (c)     does not have the capacity to practice competently;

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      (d)     is not entitled on other grounds to be registered; or

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      (e)     commits an act of professional misconduct.

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    (2)   Without limiting the matters that may constitute professional misconduct, a health practitioner commits an act of misconduct if he or she—

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      (a)     contravenes any of the provisions of this Act;

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      (b)     contravenes a provision of a prescribed code of conduct relevant to his or her category of health care practice;

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      (c)     contravenes a condition subject to which the health practitioner is registered;

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      (d)     practices without a valid practicing certificate or without a valid licence;

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      (e)     practices medicine or dentistry in an area of specialty without being registered to do so;

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      (f)     practices in an allied health profession when he or she is not licensed to do so;

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      (g)     fails to pay, within a specified period, a fine imposed on the health practitioner under section 109;

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      (h)     fails to comply with a requirement made of the health practitioner under section 109;

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      (i)     fails to honour an undertaking given to the relevant Council under this Act or the Commission under the provisions of the Health Services (Complaints and Conciliation) Act;

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      (j)     performs his or her duties in a negligent or incompetent manner; or

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      (k)     behaves in a fraudulent or dishonest manner.