Cancellation

Section 4(4) states that: “the Council may at any time cancel any certificate to practise telemedicine issued under subsection (2) if the person to whom the certificate is issued contravenes any term or condition specified in the certificate”. Cancellation of certificates can only be exercised by the Council. The only ground for cancellation is that the telemedicine practitioner has contravened a term of condition specified in the certificate.

What conditions or terms may be specified cannot be determined since neither the Council nor the Minister have yet to provide a statement as to what these terms and conditions will be. It should be observed that contravening any of the regulations or other provisions of the Act would not cause the telemedicine certificate to be cancelled unless compliance with such regulation is a condition of the certificate. If the Council were to cancel the certificate because of the contravention of regulations, notwithstanding that compliance was not a condition of the licence, then the Council would have acted ultra vires it powers, and such action may be challenged and quashed. The Act provides a remedy for an aggrieved party whose certificate is cancelled due to contravention of its terms and conditions. The aggrieved party has a right of appeal to the Minister under section 4(5) of the Act.