Malaysia legislation
Section 51
Section 51
(a)
the practitioner has so practised despite his registration being revoked;
(b)
the practitioner practise the recognized practice area for which he is not registered;
(c)
the registered practitioner practise the recognized practice area without the practising certificate or while he is suspended;
(d)
the registered practitioner employs unsafe practices that affects the safety of the patient;
(e)
the registered practitioner has contravened section 30
or 31;
Traditional and Complementary Medicine 39
(f)
the registered practitioner has failed to comply with any determination, direction or order issued by the Council, the Minister or the Director General;
(g)
the registered practitioner has contravened other written laws and such contravention has the effect or likely effect of affecting the safety of the public.
(2)
Such order as may be issued by the authorized officer shall be for a period of not longer than fourteen days.
(3)
Upon the expiry of the order made under subsection (1), the authorized officer may apply to the Director General for the extension of such order.
(4)
The Director General may, prior to the expiry of the order issued under subsection (1), issue an order requiring the person who is subject to an order under subsection (1), to stop and cease practising that practice area, and in addition thereto, may order that all tools, equipment, materials, furniture, apparel, books, records, substances, medication or any other item used in the practice of traditional and complementary medicine be seized.
(5)
An authorized person may, at all reasonable times, enter any premise, building or facility to discharge and enforce the order issued under to subsection (4).
(6)
If the order issued under to subsection (4) provides for the seizure of items, then the authorized officer may at all reasonable times enter, search, seize and remove any tool, equipment, material, furniture, apparel, books, records, substances, medication or any other item used in the practice of traditional and complementary medicine.
(7)
An inventory of all items seized and removed under subsection (6) shall be provided to the person in charge of the premise, building or facility.
(8)
All orders issued under subsection (1) or (4) shall be recorded in a register.
Act 775
(9)
A person who continues to practice in contravention of the orders issued under subsection (1) or (4) while such orders are in force commits an offence and shall, on conviction, be liable—
(a)
in respect of a first offence, to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or to both; and
(b)
in respect of a subsequent offence, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(10)
The court may, in addition, order the Council to enter the details of the practitioner into a register of black-listed practitioners, and such persons shall not be permitted to practice a recognized practice area or be a director or officer of a company involved in providing traditional and complementary medicine or a partner in a partnership of practitioners, until the expiry of a period of two years from the date of his conviction.
(11)
The Director General may revoke the stop order made under subsections (1) and (4).
(12)
The revocation of the order under subsections (1) and (4)
shall be effective from the date of such revocation and shall be recorded in a register.
Closure order