Professional Associations Under The Health Care Professions Act

Scope

This article examines the requirements an organisation must meet to be recognised as a professional association under the Health Care Professions Act, Chapter 464 of the Laws of Malta ("HCPA"), together with the obligations imposed on such associations and the benefits granted to them by the HCPA.

Introduction and Background

There is a wide variety of organisations regulated by Maltese law that operate across diverse sectors. The law determines the legal forms these organisations may adopt and the classifications they may acquire. The two principal legal forms that organisations may take are the form of a foundation or an association, generally regulated by the Second Schedule to the Civil Code, Chapter 16 of the Laws of Malta (the "Second Schedule to the Civil Code") which is the default law which applies unless a special law applies such as the Companies Act, Chapter 386 of the Laws of Malta in the case of associations that are companies.

In certain cases, an organisation may be required by law, or may opt voluntarily, to obtain an additional classification such as enrolment as a voluntary organisation under the Voluntary Organisations Act, Chapter 492 of the Laws of Malta. Similarly, an organisation composed of health care professionals may seek recognition as a professional association under the HCPA, a classification that carries particular significance within Malta's health care framework.

Professional Associations under the Health Care Professions Act

For an organisation to qualify as a professional association under the Health Care Professions Act, it must first take the legal form of an association as defined in the Second Schedule to the Civil Code. An association is created through an agreement between at least three persons, or two persons in the case of a non‑public benefit organisation, who come together to pursue defined purposes through their collective efforts and resources. Its patrimony, comprising its assets and liabilities, is separate from that of its members, administrators, or beneficiaries.

In addition to adopting this legal form, the association must be composed exclusively of health care professionals who are authorised to practise a health care profession in terms of the HCPA. These professionals fall under four main categories:

1. medical practitioners and dental surgeons,
2. pharmacists and pharmacy technicians,
3. nurses and midwives, and
4. the professions complementary to medicine.

To be formally recognised, a professional association must also satisfy the following conditions:

1. all members and officials of its executive committee, or any equivalent governing body, such as the board of administrators, must be elected through fair and regular elections, ensuring transparent and democratic governance.
2. the association must be regulated by a publically available statute, demonstrating clear and accessible internal rules.
3. it must actively participate in post‑graduate education and continuing professional development, reflecting its commitment to the advancement of professional standards.
4. to qualify, the association must have at least fifteen full members registered with the relevant Council, and, in the case of medical practitioners, the said minimum number of members must be registered as specialists with the relevant Council. The relevant Councils are:
   
   1. the Medical Council in relation to medical practitioners and dental surgeons;
   2. the Pharmacy Council in relation to pharmacists and pharmacy technicians:
   3. the Council for Nurses and Midwives in relation to nurses and midwives; and
   4. in relation to the professions complementary to medicine, the Council for the Professions Complementary to Medicine;
5. the association must represent at least one of the specialities listed in the Fifth Schedule of the HCPA or as otherwise prescribed. Moreover, for specialities listed in Item A of the Fifth Schedule, being the areas of specialisation of medical practitioners, the association is required to follow the guidelines issued periodically by the European Union of Medical Specialists or the Union of European General Practitioners, as applicable.

Obligations and Advantages of Recognition

A professional association may send an application in writing to the Superintendent of Public Health if it wishes to be recognised by the Minister responsible for health. Recognition by the Minister entitles the professional association to appoint one member on the relevant Specialist Accreditation Committee, an entitlement which is retained so long as the association continues to meet the statutory criteria and submits its annual activity report to the Superintendent of Public Health.

A Specialist Accreditation Committee is entrusted with several key functions under the HCPA. Its primary role is to issue certificates of completion of specialist training in the specialities listed in the relevant part of the Fifth Schedule of the HCPA, once the applicant has satisfied the criteria recommended by the relevant professional association. The Committee also advises both the Minister responsible for health and the relevant Council on matters relating to specialist training, registration, and any other issues referred to it. In addition, it acts as the advisory body for training in any of the special areas of practice, accredits postgraduate training programmes, and imposes any applicable accreditation fees.

Originally published in the Sunday Times on 22/02/2026.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.