(1) Where a medical practitioner or dental practitioner holds a valid certificate of registration under this Act, the medical practitioner or dental practitioner may apply in the prescribed form for a practicing certificate for the purpose of carrying on the practice of medicine or dentistry in the category of registration for which the person is registered.
(2) The Council shall consider an application made under this section and may, subject to the provisions of this section, decide to issue or refuse to issue a practicing certificate to the applicant.
(3) In making its decision, the Council shall have regard to the extent, if any, to which the applicant has satisfied recency of practice requirements.
(4) Before deciding on an application for issue of a practicing certificate, the Council—
(a) may investigate the applicant;
(b) may, by notice in writing given to the applicant, require the applicant to give the Council within a reasonable time of at least 30 days as stated in the notice, further information or a document which the Council may reasonably require to decide the application for renewal; and
(c) may, if the Council is not satisfied that the applicant has satisfied any recency of practice requirements, by notice given to the applicant, require the applicant to undergo a written, practical or oral examination within a reasonable time of at least 30 days stated in the notice and at a reasonable place.
(4) The Council may require the information or document required under subsection (3)(b) to be verified by a statutory declaration.
(5) The purpose of an examination under subsection (3)(c) shall be to assess any effect the applicant's non-satisfaction of the recency of practice requirements has on the ability of the applicant to practice the profession competently and safely.
(6) An applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (3)(b) or does not undergo an examination under subsection (3)(c).
(7) If the Council is not satisfied that the applicant has satisfied recency of practice requirements, the Council may issue the practicing certificate of the applicant subject to such conditions the Council considers will sufficiently address the extent to which that applicant has not satisfied the requirements.
(8) Before deciding to issue a practicing certificate on recency of practice conditions under subsection (3), the Council shall—
(a) give notice in writing to the applicant—
(i) of the details of the proposed conditions,
(ii) of the reason of the proposed imposition of the conditions,
(iii) that the applicant may make a written submission to the Council with respect to the proposed conditions, within a reasonable time of at least 14 days stated in the notice, and
(b) have regard to any written submission made to the Council by the applicant.
(9) If the Council decides to issue the practicing certificate on recency of practice conditions, the Council shall, as soon as is practicable, decide the review period which shall apply to the conditions and give the applicant notice in writing of the period.
(10) The Rules made under section 55(d) shall provide for the procedure for review under subsection (9).
(11) The Council may refuse to issue a practicing certificate —
(a) if the medical practitioner or dental practitioner fails to pay the prescribed practicing certificate fee;
(b) if the medical practitioner or dental practitioner fails to provide any information required by the Council by a date specified by the Council;
(c) if the medical practitioner or dental practitioner has not practiced for a period of time as specified by the Council unless the Council is satisfied that he or she complies with the requirements of section 40; or
(d) if the medical or dental practitioner fails to meet the recency of practice requirements.
(12) A practicing certificate shall not be issued unless the Council is satisfied that the medical practitioner or dental practitioner to whom the practicing certificate is to be issued—
(a) has adequate professional indemnity insurance in place; or
(b) is exempt from the requirement of professional indemnity insurance,
in accordance with section 44.
(13) Where the Council decides to grant a practicing certificate under this section, the practicing certificate shall be issued on payment of the prescribed practicing certificate fee.
(14) A practicing certificate shall be—
(a) in the prescribed form and shall specify the following information—
(i) the name of the medical or dental practitioner,
(ii) the category of registration,
(iii) the nature and character of the medical practice or dental practice which may be performed, and
(iv) the conditions of registration and practice, and
(b) evidence that the person named in it is duly certified to practice medicine or dentistry in the category of registration specified in the practicing certificate.
(15) A practicing certificate shall be valid for a period of—
(a) two years in the case of a General Practitioner or a Specialist Practitioner registered under this Part;
(b) six months in the case of a Temporary Practitioner registered under this Part; or
(c) the duration of a state of emergency, in the case of a registration of a medical practitioner or dental practitioner registered under section 39,
unless suspended or revoked under this Act and is renewable.
(16) The Council shall, as soon as is practicable after it makes a decision to refuse to issue a practicing certificate to an applicant, give notice in writing to the applicant of the refusal to issue the practicing certificate, the reasons for refusal and the applicant's right to appeal under this Act.