Cap. 464 · Health Care Professions Act (Cap. 464)
Cap. 464 Art. 31Disciplinary action by relevant Council.
PART VII
(1) The relevant Council shall have the power, either on the complaint of any person or of its own motion, to investigate and subsequently, if it deems it necessary, initiate disciplinary proceedings before the Disciplinary Committee in respect of alleged professional misconduct or alleged breach of ethics by a health care professional falling under its supervision:
Provided that the relevant Council shall conclude its investigation on the conduct of the health care professional within three
(3) months from receipt of the complaint or from the date when the relevant Council decides to conduct an investigation of its own motion, which period may be extended if the matter so merits, or if the investigation could not be concluded earlier, through no fault of the relevant Council, for a further period of three (3) months..
(2) Any investigation under sub-article (1) into the misconduct or other failure in terms of article 32(1)(b) and (c) shall be barred by the lapse of two years which shall run from the day from which the complainant or any of the complainants become or ought to have become aware of the facts or incidents that give rise to the complaint and in any case by the lapse of ten years from the date on which the alleged fact or incident was committed.
(3) The period of limitation referred to in sub-article (2) may be interrupted by any act of the investigation served on the party being investigated.
(4) The disciplinary proceedings referred to in sub-article (1) before the Disciplinary Committee established in accordance with the Disciplinary Proceedings Regulations shall be concluded within a period of one (1) year from the date of filing of the application by the relevant Council before the Disciplinary Committee and no adjournment beyond the said period of one (1) year shall be permitted except for exceptional reasons to be recorded by the Disciplinary Committee.
(5) For the purposes of the foregoing provisions of this article, "complainant" includes any person making a complaint to a relevant Council even though such person is not the injured party.
Wijzigingsgeschiedenis
- Amended by XXXIII.2025.3