Medical Practitioners and Dentists Act

This section shall not apply to a Government

Medical Officer, Government Medical Practitioner or a

Government Dentist.

in the Gazette next following the date of reg-istration, the name, address and qualifications of each medical practitioner or dentist duly reg-istered;

in the January Gazette in each year a list containing. the names of all medical practitioners and dentists remaining on the register at the close of the previous year together with their addresses and qualifications.

The Registrar shall-

The deputy registrar of deaths of every district, or the public officer performing the duties of such deputy

Registrar, as the case may be, on receiving notice of the death of any registered or licensed medical practitioner or dentist shall forthwith transmit to the Registrar a certificate under his own hand of such death, with the particulars of time and place of death and on the receipt of such certificate the Registrar shall erase the name of such deceased medical practitioner or dentist from the register.

The register and all copies thereof or extracts therefrom certified under the hand of the Registrar shall be receivable in evidence in all courts of Brunei.

any person who possesses a licence or de-gree in dental surgery or dentistry of any of the bodies and Universities who elect members of the

General Council of Medical Education and Reg-istration in the United Kingdom, and any person who possesses any such qualification in dental surgery or dentistry as the Board may declare, by notification in the Government Gazette, to be an approved qualification for the purposes of this pa-ragraph; and

any person who can satisfy the Registrar that he is entitled to be registered in the United

Kingdom as a Foreign or Colonial dentist; and satisfies the Board. that he is a fit and proper person to practise dentistry and be registered as a dentist.

Any person entitled to be registered under this

Act may apply to the Registrar for registration.

Application for registration shall be made in such manner or form and shall be accompanied by such docu-ments, photographs and particulars as may be prescribed.

Proof of identity satisfactory to the Registrar shall be fur-nished.

Where a person has complied with the provisions of subsection (2) of this section and has paid the prescribed

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CAP. 112 7

fee, he shall, subject to the provisions of this Act, be reg-istered by the Board in the register.

( 4) If any person applying for registration has been convicted of any heinous offence or, after due enquiry by the Board, is deemed by the Board to have been guilty of infamous or disgraceful conduct in any professional respect, the Board may refuse to admit such person to the register.

Upon such inquiry the person against whom such offence or conduct is alleged shall be entitled to appear before the

Board and be heard.

Every medical practitioner or dentist registered under this Act who desires his name to be retained on the register after the thirty-first day of December of any year shall, not later than the first day of December of that year make an application in the prescribed form and shall pay the prescribed fee, for retention of his name on the register during the ensuing year.

Upon such application and payment, the Board, if satisfied that the premises at and the conditions under

Certificate of registration

Validity of registration

Annual prac-tising certi-ficate

B.L.R.O. JIJ984

8

Medical Practitioners and Dentists which the applicant practises medicine, surgery or dentistry are suitable for such practice, shall cause the Registrar to issue a certificate (to be styled "annual practising certi-ficate") authorising the applicant to practise medicine, surgery or dentistry during the year in respect of which it is issued.

The annual practising certificate shall be in force unless previously cancelled in the n1anner hereinafter pre-scribed in this Act until the thirty-first day of December of the year in respect of which it is issued.

( 4) The name of any registered medical practitioner or dentist who fails to obtain an annual practising certificate prior to the commencement of any year shall be removed from the register.

( 5) Any registered medical practitioner or dentist who has failed to apply in the manner and within the period laid down in subsection (1) of this section for retention of his name on the register may, on making an application and on payment of such additional fee as may be prescribed, be granted an annual practising certificate for the ensuing year if the application is made during the month of December of any year, or for the remainder of the year, if the application is made on or after the first day of January and before the month of December of any year and in both cases his name may be re-entered in the register.

( 6) Whenever it appears to the satisfaction of the

Board that a registered medical practitioner or dentist is practising medicine, surgery or dentistry in such premises or under such conditions as are deemed by the Board to be unsuitable for such practice, the Board may direct that the name of such person shall be removed from the register and that the annual practising certificate shall be cancelled.

If any person whose annual practising certificate has been cancelled under subsection ( 6) of this section

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CAP. 112 9

makes application in such manner and pays such fee as may be prescribed, the Board may, after due consideration of the circumstances of the case, direct that the name of such person shall be re-entered in the register and that an annual practising certificate be issued.

Any person who practises medicine, surgery or dentistry in Brunei (other than a person exempted from registration under section 14) who has not having an annual practising certificate in force shall be guilty of an offence:

Penalty, imprisonment for 5 years or a fine of $20,000 or both.

Any person who practises dentistry in Brunei who-

. .-

For the purposes of this Act there shall be estab-lished a Board, to be known as the Medical Board, which shall consist of the Director of Medical Services as Chair-man and such other members being duly qualified medical practitioners and dentists as His Majesty the Sultan and

Yang Di Pertuan may from time to time appoint.

In the absence of the Director of Medical Ser-vices or for any other necessary or reasonable cause then the senior Government medical officer present shall act as

Chairman at any meeting of the Board.

The Chairman together with two other members shall form a quorum but subject thereto the Board may act notwithstanding any vacancy in their number and may reg-ulate their own procedure.

( 4) All appointments to the Board shall be notified in the Gazette.

Medical Officers of the Royal Brunei

Armed Forces;

ships' surgeons while in the discharge of their duties as such; and

any person entitled to registration under this

Act, or the holder of such other degree or licence in medicine, surgery or dentistry as the Director of

Medical Services may in any special circumstances consider to be sufficient notwithstanding that it does not entitle such person to registration under this Act, who is authorised in writing under the hand of the Director of Medical Services to prac-tise medicine, surgery for a specified period or dentistry in connection with any particular case or class of cases specified in such writing.

Certificate cannot be signed unless person sign-ing is reg-istered

Construction of terms

Exemptions from registra-tion

B.L.R.O. l/1984

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Medical Practitioners and Dentists

Penalties for person pro-curing reg-istration by false certi-ficates

Consequ-ences of a conviction

Provided that the Director of Medical Services shall as soon as possible report to the Board the name of any person so authorised and the Board may thereafter by notice in writing direct the Director of Medical Services -

to withdraw the authority from the person so authorised with effect from the date of service on such person of notice of such withdrawal; or

not to issue to such person any further au-thorisation to the person under this paragraph, and the Director of Medical Services shall in either case comply with such directions.

Any person who shall wilfully procure or attempt to procure himself to be registered under this Act, by mak-ing or producing or causing to be made or produced any false or fraudulent representation or declaration, either ver-bally or in writing, and any person aiding or assisting him therein, shall be guilty of an offence: Penalty, imprisonment for one year and a fine of $20,000.

If the p~rson convicted of an offence under this section is registered under this Act the Registrar shall forth-with remove the name of such person from the register or cancel his licence as the case may be.

If any medical·practitioner or dentist registered under this Act shall be convicted of a criminal offence for which he could have been imprisoned without the option of a fine or shall, after due inquiry by the Board, be deemed by it to have been guilty of infamous conduct in any profession-al respect, the Registrar may on the recommendation of the

Board strike out the name of such person from the register.

Upon any such inquiry the person against whom such off-ence or misconduct is alleged shall be entitled to appear and be heard.

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The inquiry referred to in subsection (1) shall be conducted as far as possible in accordance with the provi-sions of Part II of the Medical Disciplinary Committee (Pro-cedure) Rules, 1951, of the United Kingdom, a copy of which Rules shall be available for inspection in the office of the Registrar.

is deceased; or

has no address in Brunei at which he can be found; or

is no longer practising dentistry in Brunei.

in accordance with section 20, struck out from the register; or

in accordance with subsection ( 6) of section 11 removed from the register, may within 14 days appeal to His Majesty in Council against the striking out or removal, as the case may be.

His Majesty in Council may, in its discretion, allow the appeal and direct that the name be re-registered.

Schedule to

S.l 19.51

No. 665

Removal of name of per-son who has been disqual-ified

Correction of dentists regis-ter

Appeal to

His Majesty ·

in Council ·

RL.R.O. JIJ984

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Medical Practitioners and Dentists

Exemptions from the Act

Any decision of His Majesty in Council on appeal shall be final and shall not be questioned in any court.

the practice of dentistry by a medical practi-tioner registered or licensed under the provisions of this Act;

the extraction of teeth by a pharmacist reg-istered under any written law when -

the case is urgent; and

the extraction of teeth by any person when-

the case is urgent;

any person in the service from rendering medical or dental assistance in the course of his duties in such service;

any medical orderly duly approved by a

Government medical officer employed at a dis pen-

..............

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sary other than a Government dispensary from rendering such medical or dental assistance in the course of his duties as could be afforded with such drugs and medical equipment as may be specified in writing by the Director of Medical Services:

Provided that he holds a valid permit in writing from the

Director of Medical Services in that behalf, which permit the Director of Medical Services is hereby empowered to grant, subject to such conditions as he may deem fit to impose, or refuse in his discretion, save that no refusal of a permit by the Director of Medical Services as aforesaid shall be effective unless it is confirmed by the Board. No such permit shall authorise the person to wh6m it is granted to practise medicine for gain or elsewhere than at the place or places named therein but a reasonable charge to cover the cost of any medicine or poisons supplied in treatment may be recovered from the person treated.

Any person who wilfully and falsely takes or uses Penalty any name, title or addition, implying a qualification to prac-tise medicine, surgery, or dentistry, or, not being registered, or not being exempted from being so registered under the provisions of this Act, practises, professes to practise, or publishes his name as practising medicine, surgery, or dentistry, or, not being a registered dentist under the provi-sions of this Act, hires or employs a person to assist him to practise dentistry, shall be guilty of an offence: Penalty, imprisonment for 5 years and a fine .

When a person is convicted of an offence under this section, the court may order any drugs, poisons, medi-cines, needles, syringes, or surgical, medical, dental or di-agnostic instruments or appliances, used by, belonging to, or found in possession of, the person convicted, to be for-feited, or to be destroyed, or otherwise disposed of.

B. L. R. 0. 111984

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Medical Practitioners and Dentists

Malay and other Asian systems allowed

Powers to make rules 26.

Nothing in this Act shall be construed so as to pro-hibit or prevent the practice of systems of therapeutics according to Malay, Indian, Chinese or other Asian methods by persons recognised by the community to which they belong to be duly trained in such practice.

Provided that nothing in this section shall be construed to authorise any person to practice any Malay, Indian, Chinese or other Asian system of therapeutics except among the community to which he belongs, or the performance of an act on the part of any persons practising any such system which is dangerous to life.