Singapore legislation
Section 19
Section 19
Power of Board to cancel registration, etc.
(1)
The Board may cancel the registration of a registered person if the Board is satisfied that the registered person —
has obtained his or her registration by a fraudulent or incorrect statement;
has had any of his or her qualifications by virtue of which he or she was registered withdrawn or cancelled by the authority through which it was acquired or by which it was awarded;
has had his or her registration in any other country for the practice of traditional Chinese medicine, or for the prescribed practice of traditional Chinese medicine to which the registration relates, withdrawn, suspended or cancelled;
has ceased to carry on the prescribed practice of traditional Chinese medicine for which he or she is registered;
has failed to comply with any condition to which his or her registration is subject;
has contravened any regulation made under this Act relating to the practice and conduct of registered persons that applies to him or her;
has been convicted of an offence in Singapore or elsewhere involving fraud or dishonesty;
has been convicted of an offence in Singapore or elsewhere implying a defect in character which renders him or her unfit to remain on the Register;
has been guilty of any professional misconduct or negligence;
has failed to comply with any order of the Board under subsection (2)(c), (d) or (g);
has been guilty of any improper act or conduct which renders him or her unfit to remain on the Register; or
is unable to carry out the prescribed practice of traditional Chinese medicine for which he or she is registered safely or effectively by reason of a mental or physical condition.
(2)
Where a registered person is liable to have his or her registration cancelled on any of the grounds referred to in subsection (1)(e) to (k), the Board may, instead of cancelling the registered person’s registration, take one or more of the following measures:
caution or censure the registered person;
issue a letter of advice to the registered person;
order the registered person to give an undertaking, on such terms as the Board thinks fit, to abstain from the conduct that is the subject of a complaint against, or information about, the registered person under section 26B;
order the registered person to pay —
a penalty not exceeding $10,000; or
a penalty not exceeding $50,000, if the act or omission that is the subject of the complaint or information occurred on or after 1 April 2020;
alter the registered person’s class of registration;
modify the conditions of the registration of the registered person for a period not exceeding 3 years;
order that the complaint against, or information about, the registered person under section 26B be referred for mediation between the registered person and the person who made the complaint or provided the information (called the complainant), including ordering —
the personal attendance of the registered person and the complainant before a mediator specified by the Board; and
the registered person to supply a report of the outcome of that mediation by the mediator mentioned in sub-paragraph (i) to the Board;
suspend the registration of the registered person for a period not exceeding 3 years.
(3)
Where a registered person is liable to have his or her registration cancelled on the ground in subsection (1)(l), the Board may, instead of cancelling the registration of the registered person, take one or more of the following measures:
suspend the registration of the registered person for a period not exceeding 12 months;
alter the registered person’s class of registration;
modify the conditions of the registration of the registered person for a period not exceeding 3 years.
(4)
The Board must, before exercising its power under subsection (1), (2) or (3) —
notify the registered person of its intention to exercise the power and give the registered person an opportunity to be heard either personally or by counsel; and
consider the findings and recommendation of the relevant Inquiry Committee as reported to the Board under section 26E(2).
(5)
Every penalty imposed under subsection (2)(d) is recoverable as a debt due to the Board.
(6)
Subject to subsection (7) and section 21(3), a decision of the Board made under subsection (1), (2) or (3) does not take effect until the 31st day after the date of the decision.
(7)
The Board’s decision to cancel the registration of a registered person under subsection (1) takes immediate effect when the Board certifies that there are reasonable grounds to believe that —
there is a serious and imminent risk to the public if the cancellation of the registration does not take immediate effect; or
it is appropriate or requisite that the cancellation takes immediate effect in order to avoid any actual incident that endangers the public.
(8)
Where the Board so certifies under subsection (7), the Registrar must immediately serve a notice of the Board’s decision on the registered person concerned.
(9)
While the registration of a registered person for the carrying out of a prescribed practice of traditional Chinese medicine remains suspended, he or she is not to be regarded as a registered person in respect of that prescribed practice of traditional Chinese medicine for the purposes of this Act, but on the expiry of the registered person’s suspension, his or her rights and privileges under this Act are revived.
(10)
Where a person is registered in respect of 2 or more prescribed practices of traditional Chinese medicine, the Board may take action under this section in relation to the person’s registrations for both or all of those prescribed practices of traditional Chinese medicine without having to institute separate proceedings.