*MIDWIVES ACT 1966

(Omitted).

Interpretation

the Director General, who shall be the Chairman;

four midwifery tutors to be appointed by the Minister representing the following:

tutor of training of nurse student midwives;

tutor of training of student midwives;

tutor of training of rural nurses; and

tutor of training of either community nurses or rural health nurses;

State Matrons;

Health Matrons; and

maternity hospitals or units;

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midwives registered under Part II of the Register; and

midwives registered under Part III of the Register;

State Directors of Medical and Health Services; and

Obstetricians; and

Malaysian Medical Council; and

Malaysian Medical Association.

A member of the Board shall, unless his appointment is sooner resigned or revoked, hold office for three years, and shall be eligible for reappointment.

If the office of any member of the Board is vacated, an appointment in respect of that officer for the unexpired period shall be made in like manner as the appointment in respect of that office was originally made.

Quorum and voting

If on any question to be determined by the Board there is an equality of votes, the Chairman or any other member presiding as

Chairman shall have a casting vote.

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Subject to the foregoing provisions the Board shall determine its own procedure.

approve institutions as Training Schools to provide training for the purpose of any examination qualifying for registration under this Act;

regulate the course of training, conduct of examinations, issue of diplomas, certificates, badges and type of uniform;

determine the qualifications of lecturers and teachers;

regulate the practice of midwifery and conduct of midwives;

prescribe the procedure to be followed in relation to investigations and enquiries into complaints relating to the conduct of midwives;

prescribe any fees payable; and

prescribe anything which may be prescribed under this Act.

Without prejudice to any of the foregoing provisions as to the powers of the Board, the Board may direct the removal from the

Register of the name of any person who⎯

The Board shall, after removing the name of any person from the Register under this Part publish a notification to that effect in the

Gazette and shall cancel the registration of such person under this Act;

and such person shall, upon being required so to do, deliver to the

Registrar his or her certificate of registration.

For the purpose of paragraph (2)(c), it shall be lawful for the

Board to direct the removal from the Register of the name of any person on the Register who has failed to supply to the Board his or her new address or to reply to the Board within three months of the date of despatch of a registered letter from the Board addressed to such person at his or her last known address with respect of such enquiry.

Appeal against removal of names from the Register

The Minister may, in considering an appeal under subsection (1), affirm, reverse or vary the decision appealed against.

The decision of the Minister with regard to any appeal under this section shall be final.

Any person whose name has been removed from the Register pursuant to subsection 5(2) shall, if his appeal is allowed, forthwith be reinstated and issued with a fresh certificate of registration by the

Board; and the fact of such reinstatement shall be published in the

Gazette within thirty days of the reinstatement.

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Appointment of Committees

The Board shall have power to co-opt members as it deems necessary.

Directions to midwives and investigations

The Board may appoint any person to investigate into any allegation made against any midwife of non-compliance with any direction issued under this section.

The Register shall consist of four parts, that is to say:

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The Registrar shall after entering the name of any person in the

Register issue to such person a certificate of registration; and the certificate shall state in what part of the Register such person has been registered.

A certificate under the hand of the Registrar stating that a person is or is not registered under this Act, and if registered, in what part of the Register the person is so registered, shall be conclusive evidence of the fact stated therein; and for that purpose any certificate purported to be under the hand of the Registrar aforesaid shall, unless the contrary is proved, be deemed to have been signed by the Registrar.

Qualifications for registration

any nurse who has been trained in the States of Malaya before the commencement of this Act and who⎯

possesses a certificate issued under any written law relating to midwives, stating that such nurse was under that law qualified to practise midwifery and

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continued to be so qualified immediately before the commencement of this Act; or

any nurse or person who has passed the examination prescribed by the Board as the examination qualifying any successful examinee to be registered under Part I of the

Register; and

any nurse or person who possesses the qualifications acceptable to the Board or a certificate to practise midwifery issued by such body as the Board may recognize.

The following persons shall be eligible to practise as midwives under Part II of the Register, that is to say:

Any rural nurse, community nurse and rural health nurse shall be eligible to practise as midwives under Part III of the Register.

Any person who, within ten years of the commencement of this subsection, satisfies the Registrar that he or she has, during the period of two years immediately preceding application for registration under

Part IV of the Register, attended to women in childbirth according to purely Malay, Chinese, Indian or other native methods under the supervision of any person registered under Part I, II or III of the

Register, and is a fit and proper person to practise as midwives, shall be eligible to practise as midwives under Part IV of the Register.

Applications and refusal to register

A person aggrieved by the refusal of the Registrar to register his or her name may appeal to the Minister against such refusal; and the decision of the Minister thereon shall be final.

Change of name and address

The Board may exercise disciplinary jurisdiction over any registered person who⎯

order the name of such registered person to be removed from the Register;

order the name of such registered person to be suspended from the Register for such period as it may think fit;

order the registered person to be reprimanded; or

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make any of the above orders but suspend its application, subject to such conditions as the Board may think fit, for a period, or periods in the aggregate, not exceeding two years.

Appeal against orders of the Board

The Minister may, in considering an appeal under subsection (1), affirm, reverse or vary the order appealed against.

The decision of the Minister under this section shall be final.

Surrender of certificate, annual practising certificate and badge

An application under subsection (1) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed.

(Deleted by Act A724).

Exemption from section 14

The Director General may in writing delegate his power under this section to any person or persons as he may deem fit.

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The Director General may temporarily suspend any midwife from practising midwifery if he is of the opinion that such suspension is necessary to prevent the spread of infection.

Appointment and powers of authorized officers

An authorized officer shall have the power to do at any reasonable time any of the following things, that is to say:

In exercising any of the powers under this section, the authorized officer shall on demand produce to the person against whom he is acting the authorization given to him by the Director

General.

An authorized officer making an investigation under subsection (2) may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

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Such person shall be bound to answer all questions relating to the case put to him by such officer:

Provided that such person may refuse to answer any question if such officer fails or refuses on demand to produce to him the authorization given by the Director General to the officer under subsection (1) and that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty.

A person making a statement under this section shall be legally bound to state the truth whether or not such statement is made wholly or partly in answer to questions.

An authorized officer examining a person under subsection (4)

shall first inform that person of the provisions of subsections (5)

and (6).

A statement made by any person under this section shall, whenever possible, be reduced into writing and, after it has been read to the person in the language in which he made it and he has been given an opportunity to make any corrections he may wish, shall be signed by him or affixed with his thumbprint.

Any owner, occupier or person in charge of any premises entered by an authorized officer pursuant to paragraph (2)(c), or any person found therein, who does not give to the authorized officer all reasonable assistance in his power or furnish him with all information as he may reasonably require, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Any person who obstructs or impedes any authorized officer in the exercise of his power under this section shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Any authorized officer may appear in court and conduct any prosecution in respect of any offence against this Act.

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Regulations

The Midwives Ordinance of Sabah [Sabah Cap. 78] and the

Midwives Ordinance of Sarawak [Sarawak Cap. 113] are repealed.

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