ALLIED HEALTH PROFESSIONS ACT 2016

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 774 ALLIED HEALTH PROFESSIONS ACT 2016 As at 15 July 2022 This text is ONLY AN UPDATED TEXT of the Allied Health Professions Act 2016 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 ALLIED HEALTH PROFESSIONS ACT 2016 Date of Royal Assent … … … … 4 February 2016 Date of publication in the Gazette … … … 18 February 2016 Latest amendment made by P.U. (A) 72/2022 which came into operation on … … … … 24 March 2022 3 LAWS OF MALAYSIA Act 774 ALLIED HEALTH PROFESSIONS ACT 2016 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE MALAYSIAN ALLIED HEALTH PROFESSIONS COUNCIL 3. Establishment of Council 4. Functions of Council 5. Membership of Council 6. Temporary exercise of functions of Chairman 7. Secretary 8. Committees PART III ALLIED HEALTH PROFESSION 9. Allied Health Profession 10. Amendment of Second Schedule 11. Activity relating to allied health prescribed by regulations 4 Laws of Malaysia ACT 774 Section 12. Application to include other professions of allied health 13. Practice or activity to continue pending determination of registration PART IV REGISTRATION 14. Registrar 15. Register 16. Qualifications for registration 17. Registration 18. Removal of names from Register 19. Certificate to be surrendered 20. Reinstatement upon removal 21. Registration as an expert 22. Practising certificate 23. Renewal of practising certificate 24. Temporary practising certificate PART V DISCIPLINARY PROCEEDINGS 25. Disciplinary authority of Council 26. Investigating Committee 27. Disciplinary Authority 28. Interim orders 29. Disciplinary punishment 30. Appeal 31. Reinstatement upon appeal Allied Health Professions PART VI OFFENCES Section 32. Advertisement 33. Restrictions on unregistered practitioner 34. Offences relating to certificate 35. Falsely personating, using or holding out as a registered practitioner 36. Employing a person who is not a registered practitioner 37. General penalty PART VII ENFORCEMENT 38. Authorized officers 39. Power of investigation 40. Institution of prosecution PART VIII GENERAL 41. Guidelines and directives 42. Compounding of offences 43. Public servant 44. Public Authorities Protection Act 1948 45. Power to make regulations 46. Transitional provisions FIRST SCHEDULE SECOND SCHEDULE 5 LAWS OF MALAYSIA Act 774 ALLIED HEALTH PROFESSIONS ACT 2016 An Act to provide for the establishment of the Malaysian Allied Health Professions Council, to provide for the registration of persons practising as allied health practitioners and persons carrying on activities relating to allied health, to regulate the practice of Allied Health Professions, and for related matters. [1 July 2020; P.U. (B) 292/2020] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Allied Health Professions Act 2016. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “activity relating to allied health” means any activity which has a direct or an indirect effect on patient care, or on the health of an individual or the population; 8 Laws of Malaysia ACT 774 “Register” means the register kept and maintained under section 15; “committee” means a committee established under section 8; “Investigating Committee” means the Investigating Committee established under section 26; “Council” means the Malaysian Allied Council established under section 3; Health Professions “Minister” means the Minister for the time being charged with the responsibility for health; “authorized officer” means a public officer or a suitably qualified person authorized under section 38; “Registrar” means the Registrar of the Malaysian Allied Health Professions Council referred to in section 14; “registered practitioner” means an allied health practitioner who is registered under section 17 and for the purposes of Part V and Part VI includes a non-Malaysian citizen deemed to be a registered practitioner under subsection 24(10); “certificate” means a certificate of registration, a practising certificate and a temporary practising certificate; “Disciplinary Authority” means the Disciplinary Authority established under section 27; “profession of allied health” means any profession which has a direct or an indirect effect on patient care, or on the health of an individual or the population; “Allied Health Profession” means the profession of allied health specified in the Second Schedule and any activity relating to allied health prescribed by regulations under section 11. Allied Health Professions 9 PART II THE MALAYSIAN ALLIED HEALTH PROFESSIONS COUNCIL Establishment of Council 3. A council to be known as the Malaysian Allied Health Professions Council is established. Functions of Council 4. The Council shall have the following functions: (a) to register and issue certificates to registered practitioners; (b) to determine the appropriate qualifications of Allied Health Professions; (c) to determine the necessary prerequisite requirements of Allied Health Professions; (d) to regulate the practice of Allied Health Professions; (e) to regulate the ethics and professional conduct of registered practitioners; (f) to supervise matters relating to Allied Health Professions which includes training, competency and professional development; and (g) to do such other things as may be required or permitted to do under this Act. Membership of Council 5. (1) The Council shall consist of the following members: (a) the Director General of Health Malaysia, who shall be 10 Laws of Malaysia ACT 774 the Chairman; (b) the Registrar, who shall be the Deputy Chairman; and (c) 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. (2) 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. (3) Notwithstanding subsection (1), the first Council shall consist of the following members: (a) the Director General of Health Malaysia, who shall be the Chairman; (b) the Registrar, who shall be the Deputy Chairman; and (c) a representative of each profession of the Allied Health Professions who has the qualification and experience in allied health, from the public or private sectors or an institution of higher learning, as appointed by the Minister. (4) 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. (5) The provisions of the First Schedule shall apply to the members of the Council. (6) The Minister may, by order, amend the First Schedule. Allied Health Professions 11 Temporary exercise of functions of Chairman 6. (1) The Deputy Chairman shall act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to carry out his functions. (2) 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 7. (1) The Minister shall appoint an officer from amongst registered practitioners in the Ministry of Health to be the Secretary to the Council. (2) The Secretary shall be responsible for the following: (a) the day to day management of the affairs of the Council; (b) the implementation of the decisions of the Council; and (c) the carrying out any other duties as directed by the Council. (3) The Secretary shall, in carrying out his responsibilities, act under the power and direction of the Council. 12 Laws of Malaysia ACT 774 Committees 8. (1) The Council may establish any committee as the Council considers necessary or expedient to assist the Council in the performance of its functions or in the exercise of its powers. (2) A committee established under subsection (1)— (a) shall be chaired by any registered practitioner appointed by the Council; (b) shall be subject to, and act in accordance with, any direction given to committee by the Council; and (c) shall conform to any procedure determined by the Council. (3) Members of a committee may be appointed from amongst the members of the Council or such other persons as the Council thinks fit. (4) 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. (5) The Council may, at any time, revoke the appointment of any member of a committee who is not a member of the Council. (6) 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. (7) The Council may, at any time, discontinue or alter the composition of a committee. Allied Health Professions 13 PART III ALLIED HEALTH PROFESSION Allied Health Profession 9. This Act shall apply to— (a) the Allied Health Professions as specified in the Second Schedule; and (b) any activity relating to allied health as prescribed by regulations made under section 11. Amendment of Second Schedule 10. The Minister may, on the recommendation of the Council, by order published in the Gazette, delete from the Second Schedule any Allied Health Profession, or add to the Second Schedule any profession of allied health, to be included as an Allied Health Profession to which this Act shall apply, or in any way amend the Second Schedule. Activity relating to allied health prescribed by regulations 11. The Minister may, on the recommendation of the Council, by regulations, prescribe any activity relating to allied health as an activity to which this Act shall apply. Application to include other professions of allied health 12. (1) Any person may apply to the Council to include any profession of allied health, or prescribe any activity relatingto allied health, in such manner as may be determined by the Council, as an Allied Health Profession to which this Act shall apply. (2) Upon receipt of an application under subsection (1), the 14 Laws of Malaysia ACT 774 Council shall make such recommendations to the Minister as the Council deems proper. (3) 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 registration activity to continue pending determination of 13. (1) Where an Allied Health Profession is added into the Second Schedule, any person practising such Allied Health Profession on the effective date of such addition, 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. (2) 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 r