*ALLIED HEALTH PROFESSIONS ACT 2016

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

to register and issue certificates to registered practitioners;

to determine the appropriate qualifications of Allied Health

Professions;

to determine the necessary prerequisite requirements of

Allied Health Professions;

to regulate the practice of Allied Health Professions;

to regulate the ethics and professional conduct of registered practitioners;

to supervise matters relating to Allied Health Professions which includes training, competency and professional development; and

to do such other things as may be required or permitted to do under this Act.

Membership of Council

the Director General of Health Malaysia, who shall be

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the Chairman;

the Registrar, who shall be the Deputy Chairman; and

a representative of each profession of the Allied Health

Professions, from amongst registered practitioners from the public or private sectors or an institution of higher learning, as appointed by the Minister.

The number of members of the Council appointed from the public sector shall be more than the number of members of the Council from the private sector or an institution of higher learning at any one time.

Notwithstanding subsection (1), the first Council shall consist of the following members:

Where a profession of allied health is added to the Second

Schedule or an activity relating to allied health is prescribed under section 11, the Minister shall appoint any person having the qualification and experience in such Allied Health Profession as the first member of the Council representing such Allied Health

Profession.

The provisions of the First Schedule shall apply to the members of the Council.

The Minister may, by order, amend the First Schedule.

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Temporary exercise of functions of Chairman

the office of the Chairman is vacant;

the Chairman is absent from duty or from Malaysia; or

the Chairman is, for any other reason, unable to carry out his functions.

The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman.

Secretary

The Secretary shall be responsible for the following:

The Secretary shall, in carrying out his responsibilities, act under the power and direction of the Council.

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Committees

A committee established under subsection (1)—

Members of a committee may be appointed from amongst the members of the Council or such other persons as the Council thinks fit.

A member of a committee shall hold office for such term as the Council may specify in his letter of appointment and shall be eligible for reappointment.

The Council may, at any time, revoke the appointment of any member of a committee who is not a member of the Council.

A member of a committee who is not a member of the

Council may, at any time, resign by giving a notice in writing to the chairman of the committee.

The Council may, at any time, discontinue or alter the composition of a committee.

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the Allied Health Professions as specified in the Second

Schedule; and

any activity relating to allied health as prescribed by regulations made under section 11.

Amendment of Second Schedule

Upon receipt of an application under subsection (1), the

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Council shall make such recommendations to the Minister as the

Council deems proper.

Where the Minister approves the application under subsection (1), the Minister may, by order published in the Gazette, add such profession of allied health to the Second Schedule, or prescribe such activity relating to allied health by regulations, as the case may be, as an Allied Health Profession to which this

Act shall apply.

Practice or activity to continue pending determination of registration

Where an activity is prescribed as an activity relating to allied health to which this Act shall apply, any person carrying on such activity on the effective date of the regulations, shall, within twelve months from such effective date, or any other period as may be extended by the Council, apply to be registered as an allied health practitioner under this Act.

Any person referred to in subsections (1) and (2) may continue to practise such profession or to carry on such activity pending the determination of his application for registration.

Where an application for registration under this section is approved, the applicant shall, within twelve months from the date the registration is approved or any other period as may be extended by the Council, take the necessary action to comply with the terms and conditions imposed on the registration, if any.

Where the applicant fails to comply with the terms and conditions imposed on the registration, the approval on such

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registration shall lapse.

Where an application for registration under this section is refused, the applicant shall cease to practise or carry on the activity, from the date the applicant is notified of the decision of the

Council.

The Minister may appoint from amongst registered practitioners in the Ministry of Health to be the Deputy Registrar to carry out the functions of the Registrar in his absence or during the vacancy of his office.

The Registrar shall have the following functions:

Any person may, on payment of the prescribed fee, inspect and make a copy of or take extracts of an entry in the Register.

The Register maintained under this Act shall be

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deemed to be a public document within the meaning of the

Evidence Act 1950 [Act 56].

Qualifications for registration

he is a Malaysian citizen;

he holds any qualification as may be recognized by the

Council;

he fulfils other prerequisite requirements as may be determined by the Council; and

he has not been convicted of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment, whether in itself only or in addition to or in lieu of a fine, for more than two years.

Registration

An application for registration shall be made to the Council in such manner as may be determined by the Council and such application shall be accompanied by the prescribed fee.

Where the Council approves the application under subsection (1), the Registrar shall issue a certificate of registration to the applicant and make an entry in the Register.

Where the Council refuses the application under subsection (1), the Registrar shall notify the applicant.

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Removal of names from Register

who has died;

who is of unsound mind or is otherwise incapable of discharging his duties;

who has not applied to the Registrar for a renewal of practising certificate for a lapse of six years continuously;

and

whose name has been ordered to be removed under paragraph 29(1)(a).

The Registrar shall notify the registered practitioner of his removal under paragraph (1)(b), (c) or (d).

Certificate to be surrendered

Any registered practitioner who fails to comply with subsection (1) commits an offence and shall, upon conviction, be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Reinstatement upon removal

The Council may order the name of the applicant be reinstated or refuse the reinstatement of the name by giving reasons for such refusal.

Upon the order of reinstatement being made, the Registrar shall issue a certificate of registration to the applicant subject to the payment of the prescribed fee.

Where the Council refuses the application for reinstatement, the applicant who is aggrieved by the decision of the Council may, within thirty days from the receipt of the decision, appeal to the

Minister whose decision shall be final.

Registration as an expert

he has attended specialized training relating to his Allied

Health Profession in a recognized training institution as may be determined by the Council;

he holds a recognized qualification awarded by a recognized training institution; and

he has proven to the satisfaction of the Council that he is a fit and proper person and is of good character.

An application for registration as an expert shall be made to the Council in such manner as may be determined by the

Council and such application shall be accompanied by the prescribed fee.

The Council shall establish a committee under section 8 to certify an application for registration as an expert.

Where the Council approves the application under subsection (2), the Registrar shall enter the applicant’s name in

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the Register as an expert.

Where the Council refuses the application under subsection (1), the Registrar shall notify the applicant.

Practising certificate

Where the Council approves the application for a practising certificate, the Registrar shall issue to the registered practitioner a practising certificate.

A practising certificate shall be valid for two years.

The practising certificate shall specify the address of the principal place of practice and all other places of practice of the registered practitioner and any change in any address shall be notified by the registered practitioner within thirty days of such change to the

Registrar and the Registrar shall endorse such change.

Where the Council refuses the application under subsection (1), the Registrar shall notify the applicant.

Any person may, upon payment of the prescribed fee, verify the status of a practising certificate of any registered practitioner from the Register and the verification shall be prima facie evidence of the particulars contained in the practising certificate.

Any registered practitioner who practises without a practising certificate commits an offence and shall, upon conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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Renewal of practising certificate

The provision on the application for a practising certificate under section 22 shall apply to an application for renewal of a practising certificate.

Where a registered practitioner whose practising certificate has lapsed for four years or more applies for the renewal of his practising certificate, he shall be subject to an assessment of competency as may be determined by the Council.

Temporary practising certificate

he is in Malaysia for the exclusive purpose of teaching, to conduct research or to undergo postgraduate study in such field of allied health in such institution approved by the Council;

he possesses expertise in such field of allied health which the Council considers necessary for the advancement of healthcare in Malaysia; or

he has a contract of employment with the public service.

An application by a non-Malaysian citizen to practise shall be in such manner as may be determined by the Council and such application shall be accompanied by the prescribed fee.

Where the Council approves the application under subsection (2), the Registrar shall issue to the non-Malaysian citizen a temporary practising certificate and make an entry in the Register.

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No non-Malaysian citizen shall practise any Allied Health

Profession unless he is issued with a temporary practising certificate.

The temporary practising certificate shall be valid for one year from the date the certificate is issued.

The Council may revoke the temporary practising certificate if the holder of such certificate fails to abide by the conditions and restrictions specified in the certificate.

The temporary practising certificate may be renewed on an application to the Council and accompanied by the prescribed fee.

The temporary practising certificate shall specify the address of the principal place of practice and all other places of practice of the holder of a temporary practising certificate and any change in any address shall be notified by the holder of such temporary practising certificate within thirty days of such change to the Registrar and the Registrar shall endorse such change.

Any non-Malaysian citizen who practises as an allied health practitioner without a temporary practising certificate commits an offence and shall, upon conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

The holder of a temporary practising certificate shall, while the certificate remains in force and subject to the conditions and restrictions specified in the certificate, be deemed to be a registered practitioner for the purposes of Part V and Part VI.

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The Council may exercise disciplinary authority over any registered practitioner—

The Investigating Committee shall consist of the following members:

The Investigating Committee shall determine whether or not there shall be an inquiry based on its investigation and shall recommend its findings to the Disciplinary Authority.

Disciplinary Authority

The Disciplinary Authority shall consist of the following members, not being persons appointed under subsection 26(2):

Where the Investigating Committee recommends to the

Disciplinary Authority to inquire into any complaint or information received against a registered practitioner, or any disciplinary matters that may be inquired into by the Council, the Disciplinary Authority shall inquire into such complaint, information or any disciplinary matters.

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The Disciplinary Authority shall recommend its findings to the Council for the Council’s decision.

Interim orders

that the registration of such registered practitioner be suspended for such period not exceeding twelve months as may be specified in the order which shall be known as an interim suspension order; or

that the registration of such registered practitioner be continued on his compliance of such conditions as the

Council thinks fit to impose, during such period not exceeding twelve months, as may be specified in the order which shall be known as an order for interim restricted registration.

The Council may extend or further extend an order made under subsection (1) and each extension shall be for a period not exceeding six months.

The Registrar shall notify the registered practitioner of the order made under subsections (1) and (2).

The Council may, upon application by the registered practitioner concerned—

An interim suspension order or an order for interim restricted registration shall be in force until the end of the period specified in the order or, if extended under subsection (2), in the order extending it or, the date on which proceedings are concluded, whichever is the earlier.

While a person’s registration is suspended by virtue of an interim suspension order, he shall not be regarded as being registered notwithstanding that his name still appears in the Register.

Immediately upon the expiry or revocation of the interim suspension order or an order for interim restricted registration, the person’s rights and privileges as a registered practitioner shall be revived from the date of such expiry or revocation, provided that he has complied with all the terms of the order.

Any registered practitioner who contravenes the interim suspension order or the order for interim restricted registration imposed on him commits an offence.

Any registered practitioner who is aggrieved by any order made under this section may appeal to the Minister, and the decision of the Minister shall be final.

Disciplinary punishment

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

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order the name of such registered practitioner to be suspended from the Register for such period as the

Council thinks fit;

order the registered practitioner to be reprimanded.

The Council may, in any case, make such order as the

Council thinks fit with regard to the payment of the costs of the

Registrar, if any, and of any complainant, and any costs awarded may be recovered as a civil debt.

Appeal

The Minister may, in considering an appeal under subsection (1), confirm, reverse or vary the order appealed against, and the decision of the Minister shall be final.

Reinstatement upon appeal

make any false claim in any advertisement, journal, article, pamphlet, website or media commercial in respect of the allied health services or any matter relating to health;

make any false or misleading representation in respect of the allied health services so as to induce, influence or cause any person to enter into a contract for the purchase of such services;

in carrying out the allied health practice, contravene any written law regulating advertisements for medical and health matters or purposes; or

in carrying out the allied health practice, act contrary to any guidelines or directives on advertisement issued by the Council.

For the purposes of this section, “misleading representation”

means any action which is likely to mislead the public—

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both, and in the case of a continuing offence, shall be liable to a further fine not exceeding five hundred ringgit for

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every day or part of a day during which the offence continues after conviction.

Restrictions on unregistered practitioner

shall not practise or carry on or operate, or hold himself out as practising or carrying on or operating, or take up employment, as a registered practitioner;

shall not use the title “registered” to the respective Allied

Health Professions or any title in any language which may be reasonably construed to imply that he is a registered practitioner;

where such person is not registered as an expert under section 21, shall not hold himself out as an expert;

shall not use or display any sign, card or other device representing or implying that he is a registered practitioner;

or

shall not be entitled to recover in any court, any fee, charge or remuneration for any professional advice or services rendered as a registered practitioner.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Offences relating to certificate

procure or cause the procurement of a certificate by making

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or causing to be made, or producing or causing to be produced, a false or fraudulent declaration, certificate, application or representation;

forge, alter or counterfeit a certificate;

use a forged, altered or counterfeited certificate;

buy or fraudulently obtain a certificate; and

sell, assign or transfer a certificate.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall be liable to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

Falsely personating, using or holding out as a registered practitioner

falsely personate a registered practitioner;

take or use any name, title, addition or description implying that he is a registered practitioner or that he is recognized by law as a registered practitioner;

use any form of diagnostic, investigative or therapeutic equipment or device to induce any person to believe that he is a registered practitioner; or

hold himself out, by advertisement or otherwise, as being qualified or authorized to practise as a registered practitioner.

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Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall be liable to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

Employing a person who is not a registered practitioner

in the case of an individual person—

to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both; or

in the case of a body corporate, partnership or society—

to a fine not exceeding one hundred thousand ringgit;

and

Where an offence under subsection (1) is committed by a body corporate, partnership or a society—

in the case of an individual person—

in respect of a first offence, to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding one year or to both; or