Cap. 464 ст. 38AInterim measures.

(1) The relevant Council may, during the course of an investigation, and before filing an application for the initiation of disciplinary proceedings before the Disciplinary Committee, adopt interim measures in cases of urgency 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 generally:

Provided that the relevant Council shall only adopt interim measures if it is satisfied that prima facie there appears to have been any of the grounds mentioned in paragraphs (a), (b) and (c) of article 32(1), article 35 and article 38(1).

(2) The decision of the relevant Council to adopt interim measures shall be enforceable immediately upon the taking of such decision. Such measures shall be without prejudice to any subsequent decision to be taken by the relevant Council.

(3) Interim measures shall be proportionate and appropriate and shall apply for a specified period of time which shall be determined by the relevant Council:

Provided that the interim measures may be renewed by the relevant Council in so far as they are necessary and appropriate:

Provided further that the interim measures shall cease to apply when the interim measures were adopted during the course of an investigation by the relevant Council and the relevant Council subsequently decides to take no further action and closes its investigation.

(4) The decision of the relevant Council in accordance with sub-article (1) shall state all the facts known to it and the reasons why it deems that the adoption of interim measures is required.

(5) The decision of the relevant Council in accordance with sub-article (1) or any extension in accordance with the first proviso to sub-article (3) shall be served on the person concerned by the registrar of the relevant Council within two (2) days from the date that the decision is delivered by the relevant Council.

(6) The registrar of the relevant Council shall within six (6) days

*Vide Article 11 of Act XXXIII of 2025. from the date of the adoption of interim measures in accordance with sub-article (1) serve the competent authorities of each Member State with any such interim measures, and the person concerned may within six (6) days from date of service of interim measures, file a request for a reconsideration to the relevant Council stating the reasons thereof:

Provided that when a request for a reconsideration is made, the relevant Council shall issue a final decision within ten (10) days from the date of filing of the said request, which final decision shall be served on the person concerned in accordance with sub-article (5):

Provided further that in such cases, the term to file an appeal application in accordance with sub-article (7) shall commence from the date of service of the final decision.

(7) An appeal from the interim measures adopted by the relevant Council in accordance with sub-article (1) shall be filed by means of an application filed before the Court of Appeal (Inferior Jurisdiction) within six (6) days from the date of service of the decision, and the relevant Council shall reply thereto within six (6) days from the date of service of such an application.

(8) A request for reconsideration in accordance with sub-article

(6) or an appeal filed in accordance with sub-article (7) shall not have the effect of suspending any interim measures imposed by the relevant Council.

(9) The Court of Appeal (Inferior Jurisdiction) shall decide on the application in accordance with sub-article (7) within the shortest time possible, but not later than one (1) month from the date of filing of the reply of the relevant Council.