PART 3 REGISTRATION OF TRADITIONAL
CHINESE MEDICINE PRACTITIONERS |
| 11.—(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —| (a) | is absent from duty or Singapore; or | | (b) | is, for any reason, unable to perform the duties of the office. [5/2018] |
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| Register of Traditional Chinese Medicine Practitioners |
12.—(1) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must keep a Register of Traditional Chinese Medicine Practitioners which must —| (a) | consist of such parts as the Board may determine; and | | (b) | contain in the appropriate part the following particulars of every registered person:| (i) | his or her name and address; | | (ii) | the date of his or her registration; | | (iii) | the qualification by virtue of which he or she is registered and the date he or she obtained that qualification; and | | (iv) | any other particulars that the Board may determine. [5/2018] |
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| (2) The Registrar is responsible for the maintenance and custody of the Register. |
| (3) A registered person must inform the Registrar in writing of any change in the registered person’s name, working address, residential address, or any other particulars that may be prescribed, within 28 days of the change. |
| (4) Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. |
| (5) A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (3) relating to residential address on the date on which the person makes the report. |
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13. The Registrar must —| (a) | insert in the Register any alteration to the name, address or other particulars of any registered person which may come to the Registrar’s knowledge; | | (b) | correct any error in any entry in the Register which may come to the Registrar’s knowledge; | | (c) | remove from the Register the name of any person —| (i) | whose registration is cancelled under any provision of this Act; or | | (ii) | who is deceased; and |
| | (d) | insert in the Register any alteration to the qualifications or any additional qualifications of a registered person. |
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| Prescribed practices of traditional Chinese medicine |
14.—(1) The Minister may from time to time, by order in the Gazette, declare any type of practice of traditional Chinese medicine as a prescribed practice of traditional Chinese medicine if the Minister is of the opinion that it is in the public interest for that type of practice of traditional Chinese medicine to be regulated under this Act.| (2) Any person who desires to carry out any prescribed practice of traditional Chinese medicine must apply for registration to the Board in accordance with the regulations made under this section. |
| (3) The Board may, subject to the regulations made under this section, register a person to carry out any prescribed practice of traditional Chinese medicine. |
(4) The Minister may, in respect of each prescribed practice of traditional Chinese medicine, make regulations to provide for or with respect to the following matters:| (a) | different classes of registration; | | (b) | the form and manner of application, and the application fee, for each class of registration; | | (c) | the qualifications and other requirements for each class of registration; | | (d) | the conditions and duration of each class of registration; | | (e) | the circumstances in which a class of registration may be altered or renewed and the fees payable in respect thereof; | | (f) | the course, qualifying examination and evaluation for the purpose of any class of registration, the fees payable for that course, examination and evaluation, and the conditions upon which an applicant may be exempted from that course, examination or evaluation; | | (g) | the practice and conduct of registered persons, including the carrying out of the prescribed practice of traditional Chinese medicine, the use of any means of giving publicity to their practice and the use of titles and qualifications; | | (h) | the exemption of persons or classes of persons from registration; | | (i) | incidental, supplementary or transitional matters in respect of the declaration of any type of practice of traditional Chinese medicine as a prescribed practice of traditional Chinese medicine. |
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15.—(1) The Board may refuse to register any applicant for the carrying out of any prescribed practice of traditional Chinese medicine who —| (a) | in the opinion of the Board, may not be registered in accordance with the regulations made under section 14(4); | | (b) | in the opinion of the Board, is not of good reputation and character; or | | (c) | fails to satisfy the Board that the applicant is able to effectively and safely carry out that prescribed practice of traditional Chinese medicine. |
| (2) Where the Board refuses to register an applicant, the Board must by written notice inform the applicant of the refusal. |
| (3) Any person who is aggrieved by any refusal of the Board under subsection (1) may, within 30 days of the notice given under subsection (2), appeal to the Minister whose decision is final. |
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| Certificate of registration |
16.—(1) Upon the registration of a person, the Board shall grant to the person a certificate of registration and specify in the certificate the prescribed practice or practices of traditional Chinese medicine for which the person is registered.| (2) A person whose registration is cancelled or suspended under section 19 must surrender his or her certificate of registration in respect of that registration to the Board within 14 days of being notified by the Board of the cancellation or suspension. |
| (3) Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. |
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17.—(1) A registered person who desires to obtain a practising certificate for the prescribed practice of traditional Chinese medicine for which he or she is registered must apply to the Board in the form and manner that the Board may prescribe.| (2) The application must be accompanied by the prescribed fee. |
| (3) A practising certificate is valid for the period that the Board may determine. |
| (4) An application for the renewal of a practising certificate must be made no later than 30 days before the expiry of the practising certificate and must be made in the form and manner that the Board may prescribe. |
| (5) A registered person who applies for a practising certificate later than 30 days before the expiry of the practising certificate is liable to pay to the Board the late application fee that the Board may prescribe. |
(6) The Board may refuse to grant or renew a practising certificate to a registered person if the registered person fails to comply with any prescribed requirements relating to —| (a) | continuing professional education for the practice of traditional Chinese medicine; or | | (b) | any other aspect of the practice of traditional Chinese medicine. [8/2019] |
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(7) A practising certificate issued to a registered person is deemed to be cancelled when —| (a) | the registration of the registered person is cancelled or suspended under section 19 or 26A; or | | (b) | an interim order against the registered person is confirmed by the Board under section 26H(8)(a). [8/2019] |
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| (8) A person whose practising certificate is deemed to be cancelled under subsection (7) must surrender the practising certificate to the Board no later than the 14th day after the cancellation of the practising certificate. [8/2019] |
| (9) Any person who fails to comply with subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [8/2019] |
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| List of registered traditional Chinese medicine practitioners with practising certificates |
| 18. The Registrar must publish, in the manner that the Board considers will secure adequate publicity to members of the public, a list of the names, practice addresses, qualifications, classes of registration and dates of qualifications and registration of all registered persons who have in force a practising certificate. [8/2019] |
| Power of Board to cancel registration, etc. |
19.—(1) The Board may cancel the registration of a registered person if the Board is satisfied that the registered person —| (a) | has obtained his or her registration by a fraudulent or incorrect statement; | | (b) | has had any of his or her qualifications by virtue of which he or she was registered withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; | | (c) | has had his or her registration in any other country for the practice of traditional Chinese medicine, or for the prescribed practice of traditional Chinese medicine to which the registration relates, withdrawn, suspended or cancelled; | | (d) | has ceased to carry on the prescribed practice of traditional Chinese medicine for which he or she is registered; | | (e) | has failed to comply with any condition to which his or her registration is subject; | | (f) | has contravened any regulation made under this Act relating to the practice and conduct of registered persons that applies to him or her; | | (g) | has been convicted of an offence in Singapore or elsewhere involving fraud or dishonesty; | | (h) | has been convicted of an offence in Singapore or elsewhere implying a defect in character which renders him or her unfit to remain on the Register; | | (i) | has been guilty of any professional misconduct or negligence; | | (j) | has failed to comply with any order of the Board under subsection (2)(c), (d) or (g); | | (k) | has been guilty of any improper act or conduct which renders him or her unfit to remain on the Register; or | | (l) | is unable to carry out the prescribed practice of traditional Chinese medicine for which he or she is registered safely or effectively by reason of a mental or physical condition. [8/2019] |
(2) Where a registered person is liable to have his or her registration cancelled on any of the grounds referred to in subsection (1)(e) to (k), the Board may, instead of cancelling the registered person’s registration, take one or more of the following measures:| (a) | caution or censure the registered person; | | (b) | issue a letter of advice to the registered person; | | (c) | order the registered person to give an undertaking, on such terms as the Board thinks fit, to abstain from the conduct that is the subject of a complaint against, or information about, the registered person under section 26B; | | (d) | order the registered person to pay —| (i) | a penalty not exceeding $10,000; or | | (ii) | a penalty not exceeding $50,000, if the act or omission that is the subject of the complaint or information occurred on or after 1 April 2020; |
| | (e) | alter the registered person’s class of registration; | | (f) | modify the conditions of the registration of the registered person for a period not exceeding 3 years; | | (g) | order that the complaint against, or information about, the registered person under section 26B be referred for mediation between the registered person and the person who made the complaint or provided the information (called the complainant), including ordering —| (i) | the personal attendance of the registered person and the complainant before a mediator specified by the Board; and | | (ii) | the registered person to supply a report of the outcome of that mediation by the mediator mentioned in sub-paragraph (i) to the Board; |
| | (h) | suspend the registration of the registered person for a period not exceeding 3 years. [8/2019] |
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(3) Where a registered person is liable to have his or her registration cancelled on the ground in subsection (1)(l), the Board may, instead of cancelling the registration of the registered person, take one or more of the following measures:| (a) | suspend the registration of the registered person for a period not exceeding 12 months; | | (b) | alter the registered person’s class of registration; | | (c) | modify the conditions of the registration of the registered person for a period not exceeding 3 years. [8/2019] |
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(4) The Board must, before exercising its power under subsection (1), (2) or (3) —| (a) | notify the registered person of its intention to exercise the power and give the registered person an opportunity to be heard either personally or by counsel; and | | (b) | consider the findings and recommendation of the relevant Inquiry Committee as reported to the Board under section 26E(2). [8/2019] |
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| (5) Every penalty imposed under subsection (2)(d) is recoverable as a debt due to the Board. |
| (6) Subject to subsection (7) and section 21(3), a decision of the Board made under subsection (1), (2) or (3) does not take effect until the 31st day after the date of the decision. [8/2019] |
(7) The Board’s decision to cancel the registration of a registered person under subsection (1) takes immediate effect when the Board certifies that there are reasonable grounds to believe that —| (a) | there is a serious and imminent risk to the public if the cancellation of the registration does not take immediate effect; or | | (b) | it is appropriate or requisite that the cancellation takes immediate effect in order to avoid any actual incident that endangers the public. [8/2019] |
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| (8) Where the Board so certifies under subsection (7), the Registrar must immediately serve a notice of the Board’s decision on the registered person concerned. [8/2019] |
| (9) While the registration of a registered person for the carrying out of a prescribed practice of traditional Chinese medicine remains suspended, he or she is not to be regarded as a registered person in respect of that prescribed practice of traditional Chinese medicine for the purposes of this Act, but on the expiry of the registered person’s suspension, his or her rights and privileges under this Act are revived. |
| (10) Where a person is registered in respect of 2 or more prescribed practices of traditional Chinese medicine, the Board may take action under this section in relation to the person’s registrations for both or all of those prescribed practices of traditional Chinese medicine without having to institute separate proceedings. |
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20.—(1) The Board may order a registered person to pay the sums that the Board thinks fit in respect of the costs and expenses of or incidental to any inquiry or investigation conducted or action taken against the registered person where the Board —| (a) | cancels the registration of the registered person under section 19(1); | | (b) | takes any action against the registered person under section 19(2) or (3); or | | (c) | confirms an interim order made against the registered person under section 26H(8)(a). [8/2019] |
| (2) The General Division of the High Court has jurisdiction to tax the sums ordered to be paid under subsection (1). [40/2019] |
| (3) Such sums are recoverable as a debt due to the Board. |
(4) The costs and expenses mentioned in subsection (1) include —| (a) | the costs and expenses of any assessor or advocate and solicitor appointed by the Board for any proceedings before an Inquiry Committee; | | (b) | any reasonable expenses that the Board may pay to witnesses; and | | (c) | any other reasonable expenses that are necessary for the conduct of the proceedings before the Inquiry Committee. [8/2019] |
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| 21.—(1) Any person who is aggrieved by a decision of the Board under section 19(1), (2) or (3) may, within 30 days of the date of the decision or within any further period that the General Division of the High Court allows, appeal to the General Division of the High Court against the decision. [8/2019; 40/2019] | (2) There is no appeal from a decision of the General Division of the High Court. [40/2019] |
(3) Where a person appeals to the General Division of the High Court against the Board’s decision mentioned in subsection (1), the decision, if not certified under section 19(7), takes effect only when —| (a) | the decision is confirmed by the General Division of the High Court; | | (b) | the appeal is for any reason dismissed by the General Division of the High Court; or | | (c) | the appeal is withdrawn. [8/2019; 40/2019] |
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| Conviction final and conclusive |
| 22. The Board in taking action under section 19, and the General Division of the High Court on appeal from an order of the Board under section 21, are to accept the conviction of a registered person for a criminal offence as final and conclusive. [40/2019] |
| Restoration of registration |
| 23.—(1) A person whose registration has been cancelled under section 19 or 26A may apply to the Board for the person’s name to be re‑registered. [8/2019] | (2) The Board may, after considering all relevant circumstances, and upon the compliance by the applicant of all conditions imposed by the Board (if any) and the payment of the prescribed fee, re‑register the applicant. |
(3) No application for re-registration may be made to the Board —| (a) | before the expiry of 3 years from the date of the cancellation; and | | (b) | more than once in any period of 12 months. |
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