MIDWIVES ACT 1966

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 436 MIDWIVES ACT 1966 As at 15 October 2024 This text is ONLY AN UPDATED TEXT of the Midwives Act 1966 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 MIDWIVES ACT 1966 First enacted … … … … 1966 (Act No. 54 of 1966) Revised … … … … 1990 (Act 436 w.e.f. 31 March 1990) PREVIOUS REPRINTS First Reprint … … … … 2001 Second Reprint … … … … 2006 3 LAWS OF MALAYSIA Act 436 MIDWIVES ACT 1966 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II MIDWIVES BOARD 3. Establishment and composition of the Midwives Board 4. Quorum and voting PART III POWERS AND DUTIES OF THE BOARD 5. Powers and duties 6. Appeal against removal of names from the Register 7. Appointment of Committees 8. Directions to midwives and investigations PART IV REGISTRATION OF MIDWIVES 9. Registrar 4 Laws of Malaysia Section 10. Register 11. Qualifications for registration 12. Applications and refusal to register 13. Change of name and address PART IVA DISCIPLINARY PROCEEDINGS 13A. Disciplinary jurisdiction of the Board 13B. Disciplinary punishments 13C. Appeal against orders of the Board 13D. Surrender of certificate, annual practising certificate and badge 13E. Restoration of name to the Register PART V OFFENCES 14. Practising midwifery without registration 14A. Exemption from section 14 15. General penalty PART VI GENERAL 16. Intention to practise midwifery 17. Registrar may require person to be examined 18. Cases of emergency 19. Powers and duties of Director General 19A. Appointment and powers of authorized officers 20. Regulations 21. Repeal 21A. Saving ACT 436 5 LAWS OF MALAYSIA Act 436 MIDWIVES ACT 1966 An Act relating to the registration of midwives and the conduct of midwifery and other matters connected therewith. [Peninsular Malaysia—1 August 1968, P.U. 283/1968; Sabah and Sarawak—15 January 1990, P.U. (B) 33/1990] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same as follows: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Midwives Act 1966, and shall apply throughout Malaysia. (2) (Omitted). Interpretation 2. In this Act— “authorized officer” subsection 19A(1); means an officer authorized under 6 Laws of Malaysia ACT 436 “community nurse” means a person who holds a certificate certifying that such person has undergone a course of training for community nurses and passed the examination conducted by the Board; “Director General” means the Director General of Health, Malaysia; “emergency” means a sudden unforeseen event occurring during the course of pregnancy, childbirth, and puerperium needing prompt intervention to save the life of the mother or child; “midwife” means a person who for a fee, salary or other reward or compensation, performs services requiring an understanding of the principles and applications of procedures and techniques for the care of normal child-bearing women from the beginning of pregnancy until the end of puerperium and the care of their normal infants during the neonatal period but shall not include students in midwifery schools or training institutions who perform midwifery services under the supervision of their instructors; “nurse” means a person registered as a nurse in accordance with any written law relating to the registration of nurses for the sick; “Register” means the Register of Midwives maintained by the Registrar of Midwives in accordance with this Act; “registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50]; “rural health nurse” means a person who holds a certificate certifying that such person has undergone a course of training for rural health nurses and passed the examination conducted by the Board; “rural nurse” means a person who holds a certificate certifying that such person has undergone a course of training for rural nurses and passed the examination conducted by the Board. Midwives 7 PART II MIDWIVES BOARD Establishment and composition of the Midwives Board 3. (1) There shall be established a Midwives Board (hereinafter referred to as “the Board”) which shall consist of the following members: (i) the Director General, who shall be the Chairman; (ii) the Principal Matron, Ministry of Health, who shall be the Secretary; (iii) the Assistant Principal Matron (Health); (iv) the Assistant Principal Matron (Training); (v) four midwifery tutors to be appointed by the Minister representing the following: (a) tutor of training of nurse student midwives; (b) tutor of training of student midwives; (c) tutor of training of rural nurses; and (d) tutor of training of either community nurses or rural health nurses; (vi) three nurses to be appointed by the Minister representing the following: (a) State Matrons; (b) Health Matrons; and (c) maternity hospitals or units; 8 Laws of Malaysia ACT 436 (vii) two midwives to be appointed by the Minister representing the following: (a) midwives registered under Part II of the Register; and (b) midwives registered under Part III of the Register; (viii) two medical practitioners in the public service to be appointed by the Minister representing the following: (a) State Directors of Medical and Health Services; and (b) Obstetricians; and (ix) two registered medical practitioners to be appointed by the Minister representing the following: (a) Malaysian Medical Council; and (b) Malaysian Medical Association. (2) 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. (3) 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 4. (1) At any meeting of the Board seven members shall form a quorum. (2) 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. Midwives 9 (3) Subject to the foregoing provisions the Board shall determine its own procedure. PART III POWERS AND DUTIES OF THE BOARD Powers and duties 5. (1) The Board shall have power to⎯ (a) approve institutions as Training Schools to provide training for the purpose of any examination qualifying for registration under this Act; (b) regulate the course of training, conduct of examinations, issue of diplomas, certificates, badges and type of uniform; (c) determine the qualifications of lecturers and teachers; (d) regulate the practice of midwifery and conduct of midwives; (e) prescribe the procedure to be followed in relation to investigations and enquiries into complaints relating to the conduct of midwives; (f) prescribe any fees payable; and (g) prescribe anything which may be prescribed under this Act. (2) 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⎯ (a) is deceased; or 10 Laws of Malaysia ACT 436 (b) is of unsound mind or by reason of some other infirmity is, in the opinion of the Board, not a fit person to remain on the Register; or (c) has not supplied the Board an address at which he or she can be found. (3) 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. (4) 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 6. (1) Any person aggrieved by the removal of his or her name from the Register under subsection 5(2) may, within three months of publication of such notice in the Gazette, appeal in writing to the Minister against such removal. (1A) The Minister may, in considering an appeal under subsection (1), affirm, reverse or vary the decision appealed against. (2) The decision of the Minister with regard to any appeal under this section shall be final. (3) 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. Midwives 11 Appointment of Committees 7. (1) The Board shall have power to appoint Committees to assist in carrying out the provisions of this Act. (2) The Board shall have power to co-opt members as it deems necessary. Directions to midwives and investigations 8. (1) The Board may, from time to time, issue directions, in writing, not being inconsistent with any of the provisions of this Act or any regulations thereunder, relating to the conduct and practice of midwifery. (2) 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. PART IV REGISTRATION OF MIDWIVES Registrar 9. For the purposes of this Act there shall be a Registrar of Midwives (hereinafter referred to as “the Registrar”), and the Principal Matron, Ministry of Health shall be the Registrar. Register 10. (1) The Registrar shall maintain a Register containing the names, addresses and qualifications of persons eligible to practise as midwives, and such other particulars as the Registrar may require. (2) The Register shall consist of four parts, that is to say: 12 Laws of Malaysia ACT 436 (a) Part I, containing the names, addresses, qualifications and other particulars of any nurse possessing the qualifications specified in subsection 11(1); (b) Part II, containing the names, addresses, qualifications and other particulars of any person possessing the qualifications mentioned in subsection 11(2); (c) Part III, containing the names, addresses, qualifications and other particulars of any person specified in subsection 11(3); and (d) Part IV, containing the names, addresses, qualifications and other particulars of any person possessing the qualifications specified in subsection 11(4). (3) 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. (4) 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 11. (1) The following persons shall be eligible to practise as midwives under Part I of the Register, that is to say: (a) any nurse who has been trained in the States of Malaya before the c