Cap. 464 Art. 2Interpretation.

In this Act, unless the context otherwise requires -

"adaptation period" means the pursuit of a regulated profession in the host Member State under the responsibility of a qualified registered member of that profession, such period of supervised practice possibly being accompanied by further training; "aptitude test" means a test of the professional knowledge, skills and competences of the applicant, made by the relevant Councils with the aim of assessing the ability of the applicant to pursue a regulated profession in Malta;

"Council for Nurses and Midwives" means the Council established by article 21;

"Council for the Professions Complementary to Medicine" means the Council established by article 26;

"decision" includes any order or measure against a person in accordance with articles 32, 35 or 38;

"Disciplinary Committee" means the Disciplinary Committee established in accordance with the Disciplinary Proceedings Regulations; "ECTS credits" means the credit system for higher education used in the European Higher Education Area; "European Economic Area" means the area composed of the state parties to the agreement on the European Economic Area, other than member states of the European Union; and agreement on the European Economic Area means the agreement establishing such area to which Malta became a party pursuant to the Treaty; "European Professional Card" means an electronic certificate proving either that the professional has met all the necessary conditions to provide services in a host Member State on a temporary and occasional basis or the recognition of professional qualifications for establishment in a host Member State; "European Union" means the European Union referred to in the Treaty; "evidence of formal qualifications" means diplomas, certificates and other evidence issued by the competent authority in a Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State and certifying successful completion of professional training obtained mainly in the Community. Evidence of formal qualifications issued by a third country shall be regarded as evidence of formal qualifications if the holder has three years formal experience in the profession concerned on the territory of the Member State which recognised that evidence of formal qualification, certified by that Member State;

"good conduct" means conduct approved by the relevant Council;

"health care profession" means a profession regulated by this Act;

"health care professional" means a person who is authorised to practise a health care profession in accordance with the provisions of this Act; "interim measures" means urgent measures addressed to a health care professional or the person being investigated and issued by the relevant Council in the course of an investigation or by the Disciplinary Committee in the course of disciplinary proceedings due to the risk of serious and irreparable harm to the reputation and integrity of the health care profession, the well-being of the injured party or public safety;

"legal practitioner" means a person who has practised as an advocate in Malta for a period of, or periods amounting in the aggregate to, not less than seven years; "lifelong learning" means general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences, which may include professional ethics; "Medical Council" means the Council established by article 9;

"Member State" means a state member of the European Union, a state within the European Economic Area, Switzerland or any other state as the Minister may prescribe; "Minister" means the Minister responsible for health;

"overriding reasons of general interest" means reasons recognised as such in the case-law of the Court of Justice of the European Union; "personal data" shall have the same meaning as assigned to it in Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); "Pharmacy Council" means the Council established by article 15; "practice" in respect of any health care professional means the taking up and, or pursuit of the respective profession and includes the provision of services; "prescribed" means laid down by regulations in accordance with the provisions of this Act; "professional and ethical standards" includes standards relating to the general conduct of a member of a health care profession, including the behaviour of such member towards his client or the patient under his care or being attended by him, during or consequential to the exercise of his profession, and the behaviour of such member towards other members of his profession and towards members of other health care professions and towards society;

"professional complementary to medicine" means a health care professional whose name is entered in the Registers of Professions Complementary to Medicine referred to in article 28; "professional experience" means the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Member State; "Professional secret" or "secret" shall have the same meaning as assigned to it in the Professional Secrecy Act; "professional traineeship" means a period of professional practice carried out under supervision provided it constitutes a condition for access to a regulated profession, and which can take place either during or after completion of an education leading to a diploma; "qualified person" shall have the same meaning as that given under the Medicines Act; "regulated education and training" means any training which is specifically geared to the pursuit of a given profession and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional practice. The structure and level of the professional training, probationary or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the authority designated for that purpose; "regulated profession" means a professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions, to the possession of specific professional qualifications; in particular, the use of a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification, shall constitute a mode of pursuit;

"relevant Council" means:

(a) in relation to medical practitioners and dental surgeons, the Medical Council;

(b) in relation to pharmacists and pharmacy technicians, the Pharmacy Council;

(c) in relation to nurses and midwives, the Council for Nurses and Midwives; and

(d) in relation to the Professions Complementary to Medicine, the Council for the Professions Complementary to Medicine; "specialist" means a health care professional whose name is entered in the appropriate part of the specialist register kept by the relevant Council in accordance with this Act; "Specialist Accreditation Committee" means a committee set up under article 30; "third country" means any country other than a member state;

"the Treaty" has the same meaning as is assigned to it in article 2 of the European Union Act.