MEDICAL RADIATION TECHNOLOGISTS BILL 2006
(BILL NO. 18 OF 2006)
ARRANGEMENT OF CLAUSES
PART 1: PRELIMINARY
1. Short title and commencement
2. Interpretation
PART 2: FUNCTIONS AND POWERS OF THE RADIATION HEALTH BOARD
3. Radiation Health Board
4. Functions of Board
5. Powers of Board
6. Exemption of liability
PART 3: REGISTRATION OF MEDICAL RADIATION TECHNOLOGISTS
7. Registration requirements
8. Application for registration
9. Processing and consideration of application
10. Provisional registration
11. Temporary registration
12. Register
PART 4: ANNUAL PRACTISING CERTIFICATE
13. Application for practising certificate
14. Renewals, suspension and cancellation
PART 5: DISCIPLINARY
15. Complaints
16. Disciplinary committees
17. Powers of committees
18. Procedures
19. Right of appeal
20. Disciplinary Appeals Committee
PART 6: FIJI SOCIETY OF MEDICAL RADIATION TECHNOLOGISTS
21. Establishment of the Society
22. Objects of the Society
23. Vesting of assets of assets and liabilities
24. Council of the Society
25. Members of the Society
26. Subscriptions
27. Committees
28. Powers to make rules and procedure
29. Voting rights
30. Accounts and reports
PART 7: MISCELLANEOUS
31. Offences and penalties
32. Council and committee members, etc not liable
33. Regulations
34. Savings and transitional
BILL NO. 18 OF 2006
A BILL
FOR AN ACT TO PROVIDE FOR THE REGISTRATION OF MEDICAL RADIATION TECHNOLOGISTS AND TO ESTABLISH THE FIJI SOCIETY OF MEDICAL RADIATION TECHNOLOGISTS AND FOR RELATED MATTERS
ENACTED by the Parliament of the Fiji Islands:
Short title and commencement
1. (1) This Act may be cited as the Medical Radiation Technologists Act 2006.
(2) This Act comes into force on a date appointed by the Minister by notice in the Gazette.
Interpretation
2. In this Act, unless the context otherwise requires:
"annual practising certificate" means a certificate issued to a registered person under section 13;
"Appeals Committee" means the Disciplinary Appeals Committee established by section 20;
"Board" means the Radiation Health Board established by section 103 of the Health Radiation Act;
"certificate of registration" means certificate registration or permit granted under Part 3;
"Council" means the Council of the Society established under section 24;
"Disciplinary Committee" means a Disciplinary Committee appointed under section 16;
"practising certificate" means an annual practising certificate issued under this Act;
"profession" means the practice of medical radiation technologist;
"provisional registration" means provisional registration issued under section 10;
"Register" means the Medical Radiographers Register to be kept and maintained under section 12;
"registered person" means any person registered as a medical radiation technologist under this Act, and includes a person registered under section 10 or 11;
"Society" means the Fiji Society of Medical Radiation Technologists;
"temporary registration" means a temporary registration issued under section 11.
PART 2: FUNCTIONS AND POWERS OF THE BOARD
Health Radiation Board
3. (1) For the purposes of this Act, the Radiation Health Board established under the Health Radiation Act 2006 shall perform the functions and duties and may exercise the powers conferred upon it by this Act.
(2) In all meetings and deliberations of the Board for the purposes of this Act, the members appointed under section 105(1)(e) and (f) of the Health Radiation Act 2006 shall be present at such meetings and deliberations.
(3) Division 2 of Part 8 of the Health Radiation Act applies to this Act, with necessary modifications, when the Board performs its functions, powers and duties under this Act.
Functions of Board
4. The Board has the following functions:
(a) to process and determine applications for registration;
(b) to monitor registered persons compliance with any condition of registration;
(c) to maintain the Register and other records relating to registered persons;
(d) to assist the Council develop and adopt standards of practice for registered persons;
(e) to assist the Council develops and adopts programmes for the continuing education of registered persons and other training programmes for persons eligible for registration;
(f) to discuss and cooperate with other persons or bodies engaged in the development of national policies about the regulation of registered persons;
(g) to discuss and cooperate with the following entities about the education of persons on the profession:
(i) educational institutions;
(ii) the Council;
(iii) entities responsible for accrediting courses, or accrediting institutions to educate persons, for the profession;
(h) to inform registered persons and the public about the operation of this Act and its application to the profession;
(i) to examine the Act and advise the Minister about its operation and application to the profession;
(j) to monitor compliance with this Act;
(k) to undertake research, relevant to this Act, into the regulation of the profession;
(l) to assist the Council collect and disseminate information about the profession;
(m) to perform other functions given to the Board under this Act or any other written law.
Powers of Board
5. The Board has the following powers:
(a) to register or refuse to register an applicant for registration;
(b) to cancel or suspend a registration;
(c) to impose or remove conditions on a registration;
(d) to take and institute disciplinary actions against registered persons; and
(e) other powers given to it under this Act.
Exemption of liability
6. A member of the Board is not personally liable for any act done in good faith relating to performance or exercise of any function, powers or duties under this Act.
Registration requirements
7. (1) Only an individual is entitled to apply for registration.
(2) An applicant for registration is eligible for registration if the applicant:
(a) has a certificate certifying that the applicant has completed and passed the course in radiography from the Fiji School of Medicine or from any other recognised institution in Australia, New Zealand or United Kingdom or any other prescribed country;
(b) has passed other examination conducted by the Board;
(c) has satisfied the Board of his or her ability to safely and diligently use medical imaging equipment in diagnostic medical imaging and radiotheraphy;
(d) is a fit and proper person to be registered; or
(e) has successfully completed to the satisfaction of the Board any additional course of study or training recommended and approved by the Board.
(3) In deciding whether an applicant is a fit and proper person to be registered, the Board may have regard to the following:
(a) the applicant's mental and physical health;
(b) the applicant's criminal history;
(c) for an applicant who holds, or has held, a licence, certificate or approval under the Health Radiation Act:
(i) if the licence, certificate or approval was affected by the imposition of a condition, the nature of the condition and the reason for its imposition; or
(ii) if the licence, certificate or approval was affected by its suspension or cancellation, the reason for the suspension or cancellation;
(d) any other issue relevant to the ability of the applicant to practise the profession competently and safely.
Application for registration
8. (1) An application for registration shall:
(a) be made to the Board;
(b) be in the prescribed form and accompanied by the prescribed fee;
(c) be accompanied by satisfactory evidence of relevant qualification and any other prescribed documents.
(2) Information in the application must, if the prescribed form requires, be verified by a statutory declaration.
Processing and consideration of application
9. (1) The Board may, on receipt of any application, direct the Secretary on further steps to be taken in effecting the registration of the applicant.
(2) The Board may, before considering an application for registration, hear the applicant or any person objecting to the application.
(3) The Board has the power, for the purpose of subsection (2), to administer oath.
(4) The Board may, after considering an application, grant or refuse to grant the application.
Provisional registration
10. (1) Where a person has applied to the Board for registration as a medical radiation technologist, the Board may, subject to conditions it may impose, issue a provisional registration to the applicant pending the determination of the application for registration authorising the holder of the provisional registration to practice the profession.
(2) A provisional registration issued under subsection (1) shall, in the first instance, be for duration of 3 months.
(3) The Board may:
(a) suspend or cancel a provisional permit; or
(b) vary or extend it for a further period of up to 6 months.
(4) Where the application for registration is granted or is refused by the Board during the currency of the provisional permit, the permit shall automatically cease to have effect and shall forthwith be returned to the Secretary of the Board.
Temporary registration
11. (1) Where a person eligible to be registered as a technologist intends to reside in Fiji for a period of not exceeding 24 months, the Board may, upon application, issue a temporary registration for the duration of temporary residence in Fiji.
(2) The temporary registration shall cease to have effect on the date the holder leaves Fiji permanently.
(3) Where during the currency of the temporary registration the holder has reasons to believe that he or she may stay for over 24 months in Fiji, the holder shall apply to the Board for full registration, which if granted by the Board shall render the temporary registration void.
Registers
12. (1) This section establishes the Medical Radiation Technologists Register for the purpose of this Act.
(2) The Register shall be divided into the following parts:
(a) Part I shall contain the names of persons registered under sections 10 and 11; and
(b) Part II shall contain the names of registered persons.
(c) Part III shall contain the names of registered persons whom the Board is satisfied, taking into account their experiences and postgraduate qualifications, are eligible to be regarded or has been approved, as consultants or specialists.
(3) For the purposes of keeping the Register up-to-date, a registered person shall, within 30 days or other prescribed period, notify the Board:
(a) of any change in address or any other relevant information in respect of the registered person; or
(b) of any additional training or higher qualification.
(4) A person has the right to inspect the Register, and the Board may charge reasonable fees for making copies of the register available to the person.
Annual practising certificates
13. (1) A registered person shall not practice the profession unless the person has a valid practising certificate issued by the Council, upon application and accompanied by the prescribed fee payable to the Council.
(2) An annual practising certificate issued under subsection (1) or renewed under section 14 expires on 31 December each year.
Renewal, suspension and cancellation
14. (1) Any application to renew an annual practising certificate shall be lodged with the Council on or after 31 October in each year.
(2) The Council has the power to suspend or cancel an annual practising certificate if the holder is subject to a disciplinary charge for professional misconduct or convicted of a serious offence.
PART 5: DISCIPLINARY MATTERS
Complaints
15. (1) A person has the right to file a complaint with the Board on any matter relating to any professional conduct or practice of a registered person.
(2) Upon receiving a complaint, the Board has the power:
(a) to dismiss the complaint if it is satisfied that that the complaint is trivial, frivolous or vexatious; or
(b) to refer the complaint to a Disciplinary Committee.
(3) A decision to dismiss a complaint under subsection (2) shall be communicated to the complainant.
Disciplinary committees
16. (1) The Board has the power to appoint Disciplinary Committees from a panel of members consisting of members of the Society and lay persons, submitted to the Board by the Council of the Society.
(2) A Disciplinary Committee shall consist of not more than 3 members one of whom shall be a lay member to represent the public interest.
Powers of committees
17. (1) The powers of the Committee are to hear and determine any complaints of professional misconduct referred to it by the Board.
(2) For the purpose of subsection (1), the Committee may receive oral or written evidence, summon persons, administer oath and examine witnesses.
(3) A registered person who is subject to a complaint has the right to be given a fair hearing before the Committee.
(4) If the Committee is satisfied on the evidence presented before it that the registered person is guilty of professional misconduct, the Committee has the power to make one or more of the following recommendations to the Board for a decision by the Board:
(a) to reprimand the person;
(b) to impose restrictions or conditions on the certificate of registration or annual practising certificate;
(c) to suspend the person from practising for a certain period;
(d) to impose a penalty not exceeding $2000;
(e) cancel the registration of the person.
(5) The Committee may order a party to pay cost.
(6) Any penalty ordered by the Committee under subsections (3) shall be paid to the Society and such penalty may be recovered by the Society as a debt.
Procedures
18. The Committee has power to make other rules of procedures.
Right of appeal
19. (1) A registered person who is aggrieved by the decision of the Board under this Part has the right to appeal to the Disciplinary Appeals Committee, within the prescribed period.
(2) If no time is prescribed under subsection (1), the period is 30 days from the date the notice of the decision was sent to the registered person.
Disciplinary Appeals Committee
20. (1) This section establishes the Disciplinary Appeals Committee consisting of the following members to be appointed by the Minister:
(a) a legal practitioner who has practised for at least 7 years, nominated by the Council of the Fiji Law Society, as the chairperson;
(b) a member nominated by the Society;
(c) a lay member to represent the public interest.
(2) The Appeals Committee has the power to hear and determine any appeal made to it under this Part.
(3) The Appeals Committee has the power to confirm, vary or make a new decision as its determination under subsection (2).
(4) In this Part, "lay member" means a member without expertise or professional training or without management experience in any medical profession or medical associated activities.
Establishment of the Society
21. (1) The Fiji Society of Radiographers that exists at the commencement of this Act shall be preserved and continue as an institution under this section, as the Fiji Society of Medical Radiation Technologists.
(2) The Society shall be a body corporate with perpetual succession and a common seal and has power:
(a) to sue and be sued in its corporate name;
(b) to own, hold and dispose of movable or immovable property;
(c) to do any other thing a legal entity may do or suffer.
Objects of the Society
22. The objects for which the Society is established are:
(a) to maintain and improve the standards of conduct and practice of medical radiation technology and diagnostic imaging services in Fiji;
(b) to promote the welfare and preserve and maintain the integrity of the profession;
(c) to protect and preserve the interests and aspirations of medical radiation technology as a profession having regards to the terms and conditions of employment and health and safety of their members as well as present their complaints and views to appropriate authority for consideration;
(d) to assist and provide the means necessary in carrying into effect the issues raised in paragraph (c);
(e) to represent and assist in securing redress for any grievance or settling any points of dispute which any of its members may be involved in the course of their employment;
(f) to inquire into any fair and reasonable adjustment on behalf of its members in case of any charge, suspension, reduction in rank, position, grade or pay dismissal or retirement and to make a genuine protest against any injustice meted against them in their employment;
(g) to maintain a high standard of professional ethics and conduct within the medical imaging profession;
(h) to facilitate the exchange of information and ideas on matters affecting the science and the profession and its related field of medical imaging technology and other prescribed occupations;
(i) to associate, affiliate and federate with any association, society or organisation having the same or similar objects as the Society;
(j) to promote and enhance the spirit of mutual respect, loyalty and understanding between the employers and members of the Society;
(k) to render mutual financial assistance to members of the Society and their relations (including deceased relations) in times of need;
(l) to acquire, hold, develop or dispose of any or all movable or immovable property and to derive capital or income from the renting or sale for the purpose of the Society;
(m) to keep and operate a bank account in reputable banks and to deposit all moneys received into the accounts;
(n) to borrow and agreed sum of money which the Society may from time to time require for the performance of any of its activities;
(o) to invest any sum of money standing to its credit in viable securities and to at any time where the need arises, dispose of the securities;
(p) to pay the whole or any part of the expenses incurred by members in attending meetings of the Society or of any of the committees or sub-committees appointed by the Society in that behalf;
(q) to pay all costs or other payments incidental to or connected with the discharge of any of the functions or activities assigned by the Society;
(r) to generally do such things as are desirable or essential in matters affecting the employment and educational welfare and training of its members and to secure effective participation of its members in the administration and development of the institutions where they are employed or trained; and
(s) to do all other things as are incidental to or connected with the effective and efficient or proper carrying into effect any or all of the objects of the Society.
Vesting of assets and liabilities
23. All assets and liabilities of the Fiji Society of Radiographers shall, on the commencement of this Act be transferred to and vests in the Fiji Society of Medical Radiation Technologists, including any levy or money due and owing.
Council of the Society
24. (1) The Council of Society consists of:
(a) the President;
(b) a Vice President;
(c) a Secretary;
(d) a Treasurer;
(e) an Assistant Secretary; and
(f) 3 financial members,
all of whom are to be elected for a term of up to 3 years at an annual general meeting of the Society.
(2) In carrying out the functions and powers of the Society, the Council shall:
(a)act as the executive body and manage the affairs of the Society; and
(b)exercise the functions, duties and powers of the Society given to it under this Act or any other written law.
Members of the Society
25. (1) Every registered person shall be a member of the Society.
(2) The Society has the power to admit its members or other persons who are not registered persons, as case may be:
(a) as life members;
(b) as associate members; or
(c) as honorary members of the Society.
(3) Any member of the Society who has attained the age of 55 is eligible to become a life member of the Society.
(4) A person who is a registered member of other medical profession and is committed to the welfare, advancement or promotion of the objectives of the Society may be admitted as an associated member except that such member is not entitled to hold any office in or to vote at any meeting of the Council or the Society.
(5) The Society may, at an annual general meeting and on the recommendation of the Council, elect any person, as an honorary member of the Society, and such member is not entitled to hold any office in or to vote at any meeting of the Council or the Society.
Subscriptions
26. (1) Every member is liable to pay annual subscriptions to the Society, which the Council shall collect when issuing or renewing the annual practising certificate.
(2) Honorary and life members are exempt from payment of any fees or subscription.
Committees
27. The Council has the power to appoint any committee to carry out any general or special function given to it by the Council.
Power to make rules
28. The Council may make rules of procedure to give effect to the provisions of this Part, and in particular:
(a) the authentication of any document;
(b) the election and removal of officers;
(c) the resignation and filling of vacancy;
(d) the annual subscription;
(e) the procedures determining for membership; and
(f) matters to give effect to the objectives of the Society.
Voting right
29. Every member present at a general meeting of the Society shall have a voting right save the President or any person performing and exercising the powers of the President in his absence, shall have an original vote and in the event of equality of votes, a casting vote.
Accounts and reports
30. (1) The Council shall keep proper books of accounts.
(2) The Council has the power to appoint an auditor to audit its accounts.
(3) The Council shall cause to be prepared an annual report and its audited accounts to be laid at an annual meeting of the Society.
Offences and penalties
31. (1) A person who:
(a) practises as a medical radiation technologist without registration; or
(b) being a registered person, practises as a medical radiation technologist without an annual practising certificate; or
(c) without the consent of the Council being a registered person, knowingly employs, engages or remunerates another person whose registration or annual practising certificate has been suspended or cancelled;
(d) when seeking or accepting employment or remuneration from a registered person, conceals the suspension or cancellation of his certificate of registration or annual practising certificate,
commits an offence and is liable on conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 2 years.
(2) Where a registered person is convicted under subsection (1)(b) or (c):
(a) the Board may suspend or cancel the certificate of registration; and
(b) the Council may suspend or cancel the annual practising certificate,
in addition to any penalty imposed under subsection (1).
(3) No offence under this Act shall be triable in court unless the charge or complaint relating to it is laid within 12 months from the time when the matter of such charge or complaint arose except with leave of the court to commence prosecution out of time.
Council and Committee members, etc not liable
32. A member of the Disciplinary Committee, Appeals Committee, Council or any committee or any officer, employee or agent of the Board or Council is not personally liable for any act done in good faith in accordance with the provisions of this Act.
Regulations
33. (1) The Minister may make regulations to give effect to the provisions of this Act, and in particular:
(a) to regulate training, examination and registration of medical imaging practitioners, radiation therapy practitioners and nuclear medicine practitioners;
(b) to regulate practice of radiography and nuclear medicine technology;
(c) to provide code of conduct for medical radiation technologists;
(d) procedures for disciplinary committees and the Disciplinary Appeals Committee;
(e) to provide for conditions, limitations or restrictions of registrations;
(f) to regulate use of the name or title of medical imaging practitioners, radiation technologists, radiographers, medical diagnostic radiographers or medical therapy radiographers.
(2) An offence created under any regulations made under this Act may prescribe fines not exceeding $2,000 or imprisonment not exceeding 12months for offences created under such regulations.
Savings and Transitional
34. (1) Parts 3 and 4 do not apply to any person who, prior to the coming into force of this Act, has been or is a qualified medical radiation technologist or nuclear medicine practitioner and is currently practising in the Fiji Islands.
(2) Any person exempted under subsection (1) must within 12 months after the coming into force of this Act apply to the Board for registration under Part 3 and apply to the Council for an annual practising certificate.
(3) At the commencement of this Act, the registration of the Fiji Society of Radiographers under the Industrial Associations Act (Cap.95) is deemed to have been cancelled by virtue of this provision.
Office of the Attorney General
Level 5-7 Suvavou House
SUVA
September 2006
MEDICAL RADIATION TECHNOLOGIST BILL 2006
EXPLANATORY NOTE
[This Note is not part of the Bill and only to indicate its effect and implications]
1.0 BACKGROUND
1.1 The Bill seeks to regulate the profession of health radiation technologists, commonly known as radiographers in the Health Services. The purposes of the Bill are:
(a) to establish a registration system for such technologists;
(b) to regulate their annual practice;
(c) to provide for disciplinary mechanism;
(d) to establish a Society for the technologists.
2.0 CLAUSES
Clause 1 provides for the short title and commencement provisions. The Minister will appoint a date for the coming into force of the proposed Act.
Clause 2 defines certain terms.
Clause 3 provides for the Board that will be responsible for the registration of radiographers. The Radiation Health Board is established under the proposed Health Radiation Act.
Clause 4 sets out the functions of the Board. The main function of the Board is to process applications for registration as a health radiation technologist or radiographers and to monitor and enforce the proposed Act.
Clause 5 provides for the powers of the Board. The main power is to grant registration of technologists.
Clause 6 protects members of the Board from any personal liability in respect of the exercise of any functions and powers under the proposed Act.
Clause 7 sets out the registration requirements and qualifications.
Clause 8 provides for form of application.
Clause 9 sets out the procedures for deciding the application for registration.
Clause 10 provides that provisional permit may be issued in certain circumstances.
Clause 11 provides for temporary registration for those may temporarily resides in Fiji for less than 24 months.
Clause 12 provides for the establishment of registers for registered technologists.
Clause 13 provides for the issuance and renewals of annual practising certificate, which will expire on 31st December each year and provides for the procedure for renewals of annual practising certificates.
Clause 14 empowers the Board to suspend the operation of annual practising certificate if the technologist is subject to a disciplinary charge for professional misconduct.
Clause 15 gives the right to any person to file a complaint to the Board for professional misconduct.
Clause 16 provides for the appointment of disciplinary committees, which include lay members.
Clause 17 provides for the powers of the disciplinary committees. The powers include the power to hear and determine complaints and to impose penalties.
Clause 18 empowers disciplinary committees to make other rules of procedures.
Clause 19 gives the right to appeal the decision of the disciplinary committee to the Disciplinary Appeals Committee.
Clause 20 establishes the Disciplinary Appeals Committee comprising a lawyer as the chairperson and 2 other members. The Appeals Committee has the power to hear and determine appeals.
Clause 21 establishes the Fiji Society of Radiation Technologists as a corporate entity.
Clause 22 sets out the objects of the Society, including maintaining the standards of conduct and practice and promoting the welfare of the professions.
Clause 23 provides for the transfer of the assets and liabilities of the former Society to the new Society.
Clause 24 establishes the Council of the Society.
Clause 25 provides for the members of the Society. Registered technologists have the right to become members of the Society. It also provides for other categories of members, such as life members, associate members and honorary members, and the qualifications for such members.
Clause 26 provides for annual subscriptions to the Society.
Clause 27 provides for the establishment of committees of the Society to carry out special or general functions assigned by the Society.
Clause 28 empowers the Council to make other rules of procedures relating to the operations of the Society.
Clause 29 provides for the voting right.
Clause 30 provides for proper keeping of books of accounts and the appointment of an auditor.
Clause 31 creates offences and provides for penalties.
Clause 32 provides immunity from personal liability for act done for the purpose of the proposed Act.
Clause 33 empowers the Minister to make regulations to give effect to the provisions of the proposed Act.
Clause 34 provides for savings and transitional provisions.
3.0 MINISTERIAL RESPONSIBILITIES
3.1 The Bill comes under the Minister responsible for Curative Health Services.
Q. B. Bale
Attorney General
and Minister for Justice