Cap. 464 · Health Care Professions Act (Cap. 464)
Cap. 464 Art. 42HAccess to a professional activity.
PART VIII
(1) Relevant Councils shall grant partial access, on a case-by-case basis, to a professional activity only when all the following conditions are fulfilled:
(a) the professional is fully qualified to exercise in the home Member State the professional activity for which partial access is sought in Malta;
(b) differences between the professional activity legally exercised in the home Member State and the regulated profession in Malta as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in Malta to have access to the full regulated profession in Malta;
(c) the professional activity can objectively be separated from other activities falling under the regulated profession in Malta; provided that for this purpose the relevant Council shall take into account whether the professional activity can be pursued autonomously in Malta.
(2) Partial access may be rejected if such rejection is justified by overriding reasons of general interest, suitable for securing the attainment of the objective pursued, and does not go beyond what is necessary to attain that objective.
(3) Applications for the purpose of providing temporary and occasional services in Malta concerning professional activities that have public health or safety implications shall be examined in accordance with article 42.
(4) Notwithstanding the provisions of article 42(6) and paragraphs 1(8)(a), (b) and (c) of the Sixth Schedule, the professional activity shall be exercised under the professional title of the home Member State once partial access has been granted. The relevant Council may require use of that professional title in the languages of Malta. Professionals benefiting from partial access shall clearly indicate to the service recipients the scope of their professional activities.
(5) This article shall not apply to professionals benefiting from automatic recognition of their professional qualifications.