PART IX (extracted from the Health Professions Act)

MEDICAL LABORATORY AND CLINICAL SCIENTISTS COUNCIL OF ZIMBABWE

48 Interpretation in Part IX
In this Part—
“Council” means the Medical Laboratory and Clinical Scientists Council of Zimbabwe established by section forty-nine ;
“registered person” means a person registered in any profession or calling specified in Part VI of the First Schedule.

49 Establishment of Medical Laboratory and Clinical Scientists Council of Zimbabwe
(1 ) There is hereby established a council, to be known as the Medical Laboratory and Clinical Scientists Council of Zimbabwe, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.
(2 ) The Council shall represent the persons registered in any profession or calling specified in Part VI of the First Schedule

50 Functions and powers of Council
(1 ) Subject to this Act, the functions of the Council shall be—
(a) to assist in the promotion of the health of the population of Zimbabwe; and (b) to regulate, control and supervise all matters affecting the training of persons in, and the  manner of the exercise of, the professions and callings specified in Part VI of the First Schedule;
and
(c) to promote liaison in the field of training referred to in paragraph (b), both in Zimbabwe
and elsewhere, and to monitor, enforce and improve the standards of such training in Zimbabwe; and
(d) to advise the Minister on any matter affecting any profession or calling specified in Part VI
of the First
Schedule; and
(e) to communicate to the Minister information on matters of public importance acquired by the Council in the performance of its functions under this Act; and
(f) to consider and determine applications for the registration of persons in the professions and callings specified in Part VI of the First Schedule, subject to such conditions, whether as to qualifications or otherwise, as may be prescribed by the Council;
and
(g) to establish and maintain one or more registers in terms of Part XV for the registration of persons in the professions and callings specified in Part VI of the First Schedule; and
(h) to issue practising certificates to registered persons and to cancel or suspend such
certificates in terms of this Act; and
(i) to define and enforce ethical practice and discipline among registered persons; and
(j) to encourage co-operation between the Council and other councils established under this Act; and
(k) to take such steps as appear to the Council to be necessary or desirable to advance
the standing and effectiveness of registered persons;
(l) to present the views of registered persons on national, regional and international issues; and
(m) to evaluate and monitor the standards of qualifying examinations, courses and training for registered persons; and
(n) to evaluate any examinations, training courses and qualifications of foreign institutions for  the purposes of registration in the professions and callings specified in Part VI of the First Schedule; and
(o) to perform any other function that may be conferred or imposed upon the Council by or in
terms of this Act or any other enactment.
(2 ) For the better exercise of its functions, the Council shall have power to do or cause to be
done all or any of the things specified i n the Second Schedule, either absolutely or conditionally
and either solely or jointly with others.

51 Membership of Council
(1 ) The Council shall consist of fifteen members of whom —
(a) one shall be appointed by the Minister from persons who are employed in his Ministry; and
(b) two shall be appointed by the Minister from a list of names submitted by the Faculty of
Medicine of the University of Zimbabwe; and
(c) two shall be appointed by the Minister from a list of names submitted by the Department
of Medical Laboratory Sciences of the University of Zimbabwe; and
(d) two shall be appointed by the Minister from a list of names submitted by the Institute of Medical Laboratory
Scientists; and
(e) two shall be appointed by the Minister from a list of names submitted by the Clinical Scientists; and
(f) the remainder shall be elected by registered persons in the manner prescribed by the Council: Provided that each of the following disciplines shall be represented among the elected members of the Council—
(i) clinical biochemistry; and
(ii) cytology; and
(iii) haematology; and (iv) histopathology; and (v) immunology; and
(vi) medical microbiology..
(2 ) Before making an appointment in terms of paragraph (b), (c), (d ) or (e) of subsection (1), the Minister shall call upon the body which is required to submit a list in terms of the sub-paragraph concerned to nominate such number of persons as the Minister may specify.

[Subsection amended by section 43 of Act 14 of 2002]

(3 ) If a body referred to in subsection (2) fails or refuses to submit a list of the requisite number of nominees within a reasonable time after being called upon to do so, the Minister may appoint any qualified person to be a member of the Council, and the person so appointed shall be deemed to represent the body concerned.
(4 ) If a body referred to in subsection (2)-
(a) changes its name, this section shall apply, mutatis mutandis, in relation to the body as if it had been referred to in the subparagraph concerned by its new name;
(b) ceases to exist, this section shall apply, mutatis mutandis, in relation to such other body as the Minister determines to be the successor of the first-mentioned body or to have equivalent objects and functions to the first-mentioned body.
(5 ) If registered persons refuse or fail for any reason to elect all or any of the members referred to in paragraph (f) of subsection (1), the Minister may appoint any qualified person to serve on the Council in the place of any such member, and a person so appointed shall hold office in all respects as if he had been elected in terms of this section.
[Subsection amended by section 43 of Act 14 of 2002]

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