TRADITIONAL AND COMPLEMENTARY MEDICINE ACT 2016

Traditional and Complementary Medicine LAWS OF MALAYSIA Act 775 TRADITIONAL AND COMPLEMENTARY MEDICINE ACT 2016 1 2 Laws of Malaysia Date of Royal Assent Act 775 ... ... 2 March 2016 Date of publication in the Gazette ... ... ... 10 March 2016 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Traditional and Complementary Medicine LAWS OF MALAYSIA Act 775 TRADITIONAL AND COMPLEMENTARY MEDICINE ACT 2016 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Non-application 3. Interpretation Part II THE TRADITIONAL AND COMPLEMENTARY MEDICINE COUNCIL 4. Establishment of the Council 5. Functions and powers of the Council 6. Membership of the Council 7. Vacation of office 8. Alternate member 9. Meetings of the Council 10. Quorum of meetings of the Council 11. Voting 12. Procedure of Council 13. Validity of acts and proceedings 14. Advisors 15. Allowances 16. Secretary to the Council and other officers 17. Delegation of functions 3 4 Laws of Malaysia Act 775 Part III GENERAL ADMINISTRATION Section 18. Registrar 19. Register Part IV REGISTRATION OF TRADITIONAL AND COMPLEMENTARY MEDICINE PRACTITIONERS 20. Recognized practice areas 21. Practitioner to practise only in recognized practice area 22. Provisional registration 23. Registered practitioner 24. Temporary practising certificate 25. Effect of non-registration 26. Registered practitioner’s practising certificate 27. Revocation of registration 28. Re-registration Part V OBLIGATIONS AND DUTIES OF REGISTERED PRACTITIONERS 29. Use of titles and abbreviations 30. Duty to refer patient to medical or dental practitioner 31. Duty to report any epidemic or other localized outbreaks of diseases, etc., to the Registrar 32. Use of medical device 33. Advertisement and promotion 34. Registered practitioners may incorporate 35. Mandatory practice standards in governance and practice codes Traditional and Complementary Medicine Part VI DISCIPLINARY PROCEEDINGS Section 36. Disciplinary jurisdiction of the Council 37. Disciplinary punishments 38. Appeal against orders of the Council 39. Restoration of name in register Part VII PATIENT’S RIGHTS 40. Patient’s rights 41. Dispute resolution service Part VIII TRADITIONAL AND COMPLEMENTARY MEDICINE PRACTITIONER BODY 42. Designation and revocation of designation of practitioner body 43. Duties of designated practitioner body 44. Self-regulatory framework when practitioner body is ready 45. Supervision by Council 46. Effect of revocation of designation 47. Preparation of governance and practice codes Part IX ENFORCEMENT 48. Authorized officer 49. Authority card 50. Power of investigation 51. Stop order 52. Closure order 53. Search and seizure with warrant 54. Power to enter premises 55. Power to take sample 5 6 Laws of Malaysia Section 56. Access to computerized data 57. Institution of prosecution 58. List of document, record, etc., seized 59. Release of document, record, etc., seized Part X GENERAL 60. Power to make regulations 61. Penalties for subsidiary legislation 62. Offences by body corporate Part XI TRANSITIONAL PROVISION 63. Transitional Act 775 7 Traditional and Complementary Medicine LAWS OF MALAYSIA Act 775 TRADITIONAL AND COMPLEMENTARY MEDICINE ACT 2016 An Act to provide for the establishment of the Traditional and Complementary Medicine Council to regulate the traditional and complementary medicine services in Malaysia and to provide for matters connected therewith. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Traditional and Complementary Medicine Act 2016. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act. Non-application 2. The Private Healthcare Facilities and Services Act 1998 [Act 586] shall not apply to the practice of traditional and complementary medicine including the use of any premises, building and facility for such medical practice. 8 Laws of Malaysia Act 775 Interpretation 3. In this Act, unless the context otherwise requires— “practice of traditional and complementary medicine” means a form of health-related practice designed to prevent, treat or manage ailment or illness or preserve the mental and physical well-being of an individual and includes such practices as traditional Malay medicine, traditional Chinese medicine, traditional Indian medicine, Islamic medical practice, homeopathy, and complementary therapies, but excludes medical and dental practices used by a medical and dental practitioner respectively; “designated practitioner body” means a practitioner body of a recognized practice area that has been designated by the Minister under section 42; “practice area” means a particular area, field, specialty or subject of practice in traditional and complementary medicine and includes a subarea, subfield, subspecialty or subsubject; “recognized practice area” means a practice area which is recognized by the Minister under section 20; “prescribed”, where no mode is mentioned, means prescribed by regulations made under this Act; “Director General” and “Deputy Director General” mean the Director General of Health Malaysia and the Deputy Director General of Health Malaysia, respectively; “Council” means the Traditional and Complementary Medicine Council established under section 4; “patient information” means the personal data of a patient, such as name, age, address, physical and mental conditions and financial information; “Minister” means the Minister charged with the responsibility for health; “authorized officer” means any person authorized by the Minister under section 48; Traditional and Complementary Medicine 9 “practitioner” means a traditional and complementary medicine practitioner; “registered practitioner” means a practitioner who is registered under section 23; “provisionally registered practitioner” means a person who has been provisionally registered as a practitioner under section 22; “medical practitioner” has the meaning assigned to it in the Medical Act 1971 [Act 50]; “dental practitioner” has the meaning assigned to it in the Dental Act 1971 [Act 51]; “Chairman” means the Chairman of the Council appointed under subsection 6(2); “patient” means an individual who engages a registered practitioner to provide traditional and complementary medicine services for his well-being or as treatment for any ailment or illness; “Secretary” means the Secretary of the Council appointed under section 16. Part II THE TRADITIONAL AND COMPLEMENTARY MEDICINE COUNCIL Establishment of the Council 4. A council to be called the “Traditional and Complementary Medicine Council” is established for the purpose of this Act. Functions and powers of the Council 5. The Council shall have the following functions: (a) to advise the Minister on matters of national policy relating to traditional and complementary medicine practice; 10 Laws of Malaysia Act 775 (b) to establish the eligibility requirements for each practice area; (c) to recognize qualifications conferred by any institutions of higher learning established under any written law in Malaysia or any institutions of higher learning recognized and authorized by any countries outside Malaysia for the purpose of registration under this Act; (d) to specify the appropriate academic qualifications or recognized skills certificate issued pursuant to the National Skills Development Act 2006 [Act 652] which are or is necessary before a person may apply to be a registered practitioner; (e) to specify the necessary apprenticeship and training requirements including rules for undergoing apprenticeship, the scope of responsibilities and permitted conduct or activities of apprenticeship, duration of apprenticeship and post-qualification apprenticeship; (f) to register individuals who will provide traditional and complementary medicine services to the public; (g) to issue practising certificates to registered practitioners who have satisfied the prescribed conditions and paid the prescribed fees; (h) to develop codes of professional conduct, rules relating to the professional conduct of registered practitioners, including penalties for breach of such codes or rules; (i) to develop, undertake, prescribe and mandate any matter relating to or connected with the practice of traditional and complementary medicine or the professionalism of such practice; (j) to specify, provide for and administer a complaints procedure and process; (k) to develop rules upon which registered practitioners are to refer their patients to medical practitioners or dental practitioners, as the case may be; (l) to obtain such relevant information from practitioners, and to provide the same to the Minister; Traditional and Complementary Medicine 11 (m) to carry out such functions as may be specified by this Act; and (n) to carry out all such other activities as may be directed by the Minister and such direction shall be consistent with the purposes of this Act. Membership of the Council 6. (1) The Council shall consist of the following members who shall be appointed by the Minister on the recommendation of the Director General: (a) not more than three representatives from the Ministry of Health; (b) two representatives from any local universities with expertise in traditional and complementary medicine fields; (c) not more than three registered practitioners in the public service; (d) not more than eight individuals from private practice who represent the designated traditional and complementary medicine practitioner bodies in Malaysia; and (e) five individuals who possess sufficient experience and expertise in the relevant industry. (2) The Director General shall be the Chairman of the Council. (3) A member of the Council shall, subject to such conditions as may be specified in his instrument of appointment, unless he sooner resigns, hold office for a term not exceeding three years and is eligible for reappointment. (4) The appointment of any member of the Council may, at any time, be revoked by the Minister if such person is found by the Minister no longer to be a fit and proper person having regard to— (a) his probity, his competence and soundness of judgment for fulfilling the responsibilities as a member of the Council; or 12 Laws of Malaysia Act 775 (b) the diligence with which he is fulfilling or likely to fulfil his responsibilities as a member of the Council. (5) Every member of the Council shall devote such time to the business of the Council as is necessary to discharge his duties effectively. (6) A member of the Council may at any time resign his office by giving a notice in writing to the Minister and a copy of the notice to the Council. Vacation of office 7. (1) The office of a member of the Council shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of fine) for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from three consecutive meetings of the Council without leave