Allied Health Professions Bill

“allied health professional” means a person who has a professional qualification in any of the allied health professions listed in the First Schedule;

“allied health professional with conditional registration” means a person registered as such under a provision of this Act;

“allied health professional with full registration” means a person registered as such under a provision of this Act;

“allied health professional with restricted registration” means a person registered as such under a provision of this Act;

“allied health professional with temporary registration” means a person registered as such under a provision of this Act;

“certificate of registration” means a certificate of registration issued by the Council under section 22;

“Council” means the Allied Health Professions Council established under section 6;

“Director” means the Director of Medical Services;

“institution of higher learning” includes a polytechnic or university;

“lay person” means any person other than a healthcare professional;

“medical practitioner” means a person who is registered under the Medical Registration Act (Cap. 174) and includes a person deemed to be so registered under section 72(1) of that Act;

“member” means a member of the Council;

“practising certificate” means a practising certificate issued under section 23;

“prescribed allied health profession” means any of the allied health professions set out in the first column of the Second Schedule;

“president” means the president of the Council;

“register” means any of the registers referred to in section 14(1);

“registered allied health professional” means an allied health professional with full, restricted, conditional or temporary registration;

“Registrar” means the Registrar of the Council;

“regulations” means regulations made under section 75.

The Minister may, after consultation with the Council, by order published in the Gazette, amend the First or Second Schedule.

The Minister may prescribe in an order amending the Second Schedule such transitional provisions as may be necessary or expedient.

Every order amending the Second Schedule shall be presented to Parliament as soon as possible after publication in the Gazette.

A registered allied health professional who believes that —

Subject to this section, if the Council and the registered allied health professional agree in writing on the action to be taken under subsection (1), the Council may proceed with the agreed course of action.

The Council shall not take any action under this section if —

This section shall also apply where the Council has made a notification to the registered allied health professional under section 39(3)(b), except that if the Council and the registered allied health professional are unable to agree on the course of action to be taken under subsection (1), the Council shall proceed to refer the matter to the Chairman of the Complaints Panel under section 39(3)(a).

For the purpose of enabling Complaints Committees and Disciplinary Tribunals to be constituted in accordance with this Part, the Council shall appoint a panel (referred to in this Act as the Complaints Panel) consisting of —

The term of office of a member of the Complaints Panel referred to in subsection (1)(a) shall expire at the end of his term of office as member of the Council.

The term of office of a member of the Complaints Panel referred to in subsection (1)(b) or (c) shall be determined by the Council and shall not exceed 2 years; and any such member shall be eligible for reappointment.

The Council may at any time remove from office any member of the Complaints Panel referred to in subsection (1)(a), (b) or (c) or fill any vacancy in its membership.

Any member of the Complaints Panel who is employed in the Ministry of Health shall not be disqualified from being a member of any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee by reason only that he is so employed.

Any —

The Council shall refer every complaint or information, other than a complaint or information touching on the matters referred to in section 26, to the Chairman of the Complaints Panel.

The Council may, on its own motion —

Notwithstanding subsections (2) and (3), where a registered allied health professional has been convicted in Singapore or elsewhere of an offence implying a defect in character which makes him unfit for his profession, the Council may immediately refer the matter to a Disciplinary Tribunal under section 50.

The Chairman of the Complaints Panel may from time to time appoint one or more committees each comprising 3 members of the Complaints Panel referred to in section 38(1)(b) and (c) —

The Chairman of the Complaints Panel shall appoint one of the 2 registered allied health professionals referred to in subsection (1)(a) to be the chairman of the Complaints Committee.

A Complaints Committee shall be appointed in connection with one or more matters or for such fixed period of time as the Chairman of the Complaints Panel may think fit.

The Chairman of the Complaints Panel may at any time revoke the appointment of a Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee.

No act done by or under the authority of a Complaints Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.

All the members of a Complaints Committee shall be present to constitute a quorum for a meeting of the Complaints Committee.

Notwithstanding subsection (6), any resolution or decision in writing signed by all the members of a Complaints Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present.

A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as its members may think fit.

The chairman of a Complaints Committee may at any time summon a meeting of the Complaints Committee.

All members of a Complaints Committee present at a meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.

A member of a Complaints Committee shall, notwithstanding that he has ceased to be a member of the Complaints Panel on the expiry of his term of office, be deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.

Where any complaint or information mentioned in section 39(1)(a), (b) or (c) is made or referred by the Council to the Chairman of the Complaints Panel, the Chairman of the Complaints Panel shall lay the complaint or information before a Complaints Committee.

Where any information mentioned in section 39(1)(d) is referred by the Council to the Chairman of the Complaints Panel, the Chairman of the Complaints Panel shall —

A Complaints Committee shall, within 2 weeks of its appointment, commence its inquiry into any complaint or information, or any information or evidence referred to in section 44(5), and complete its inquiry not later than 3 months after the date the complaint or information is laid before the Complaints Committee.

Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its inquiry, the Complaints Committee may apply in writing to the Chairman of the Complaints Panel for an extension of time to complete its inquiry and the Chairman may grant such extension of time to the Complaints Committee as he thinks fit.

For the purposes of an inquiry, a Complaints Committee may appoint one or more investigators in accordance with section 69 to investigate the complaint or information, and the investigator may exercise any one or more of the powers under that section in carrying out his functions and duties under this Part.

A Complaints Committee shall —

In referring a matter for mediation under section 42(4)(b)(ii), the Complaints Committee may order the personal attendance of the complainant and the registered allied health professional before a mediator specified by the Complaints Committee.

The mediator shall submit a report to the Complaints Committee on the outcome of the mediation.

If the complainant refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may dismiss the matter.

If the registered allied health professional refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may proceed to make a direction under section 42(4)(b)(i) or (c).

If for any reason the mediation does not take place or the matter is not amicably resolved through mediation, the Complaints Committee or another Complaints Committee appointed in its place may make any order or direction under section 42(4)(b)(i) or (c) as it thinks fit.

Where the matter is amicably resolved through mediation, the Complaints Committee or another Complaints Committee appointed in its place may —

An investigator directed under section 42(4)(c) to investigate any complaint or information shall, if he is of the opinion that the registered allied health professional should be called upon to answer any allegation made against him, give notice in writing of the complaint or information to him.

A notice under subsection (1) shall —

In the course of investigations, the Complaints Committee may authorise the investigator in writing to —

If the registered allied health professional —

Where, in the course of an investigation, an investigator receives information touching on, or obtains evidence of, the conduct, physical or mental fitness, or professional performance —

On receiving a report under subsection (5), the Complaints Committee shall —

If the registered allied health professional agrees to undergo a performance assessment under section 44(3)(a), the quality of professional services provided by him shall be assessed by a Performance Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.

The Performance Assessment Panel will carry out the performance assessment in accordance with —

The registered allied health professional under assessment shall, if required by the Performance Assessment Panel —

Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the power of a Performance Assessment Panel to require the production of any record or other document conferred under subsection (3)(a) shall include the power to require the production of a reproduction of any such information or matter or of the relevant part of it in a legible form.

A Performance Assessment Panel may inspect, examine, make copies of or take any abstract of or extract from any record or document produced under subsection (3)(a) or (4).

The Performance Assessment Panel shall give a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, the registered allied health professional.

The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered allied health professional under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.

If the registered allied health professional agrees to submit to a fitness assessment under section 44(3)(b), his fitness to practise the prescribed allied health profession by reason of his physical or mental condition shall be assessed by a Fitness Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.

The Fitness Assessment Panel will carry out the fitness assessment in accordance with —

The Fitness Assessment Panel shall submit a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, provide a copy of the report to the registered allied health professional.

The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered allied health professional under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.

A person to whom this section applies shall not be compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance or fitness assessment except in the case of the following:

A person to whom this section applies shall not disclose any information contained in any document as may have come to his knowledge in the course of a performance or fitness assessment unless the disclosure is made —

This section applies to —

Upon completing an investigation into any complaint or information, the investigator shall submit a report on the findings of the investigation to the Complaints Committee for its deliberation.

The report referred to in subsection (1) shall include —

No person shall disclose the contents of the investigation report or any information contained in any document which was obtained in the course of an investigation or inquiry commenced under this Part to any other person, including the registered allied health professional, except where —

The Complaints Committee may, in the course of its deliberations and before it reaches a decision, seek such legal advice as it thinks necessary.

The registered allied health professional concerned shall not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.

After deliberation of the investigation report and any recommendation of an investigator made under section 48, and upon due inquiry into the complaint or information (including any information or evidence referred to in section 44(5)), a Complaints Committee shall, if it is of the view that no formal inquiry by a Disciplinary Tribunal or Health Committee is necessary, do one or more of the following:

Where a Complaints Committee determines that a formal inquiry is necessary, it shall order —

Where a Complaints Committee has made an order under subsection (2) or (6) for a formal inquiry to be held by a Disciplinary Tribunal or Health Committee, the Council shall appoint a Disciplinary Tribunal or Health Committee, as the case may be, which shall hear and investigate the complaint or matter.

Where a Complaints Committee has decided to issue a letter of advice, the chairman of the Complaints Committee shall issue a letter of advice in such terms as it thinks fit.

Where a Complaints Committee has referred the matter for mediation, section 43 shall apply with the necessary modifications and references in section 43(4) and (5) to section 42(4)(b)(i) or (c) shall be read as references to section 49(1) or (2), respectively.

Where the registered allied health professional in respect of whom an order is made under subsection (1)(c), (d), (e) or (f) is found by a Complaints Committee (whether it is the Complaints Committee that made the order or another Complaints Committee appointed in its place) to have failed to comply with any of the requirements imposed on him, the Complaints Committee may, if it thinks fit, order that a formal inquiry be held by a Disciplinary Tribunal or Health Committee, as the case may be, in respect of the complaint, information or evidence.

Where, in the course of an inquiry, a Complaints Committee receives information touching on, or evidence of, the conduct of the registered allied health professional concerned which discloses an offence under any written law, the Complaints Committee shall record the information and report it to the Council.

Where the complainant withdraws his complaint before —

A Complaints Committee shall notify the registered allied health professional concerned and the person who made the complaint or referred the information under section 39(1) of its decision under subsection (1) or (2) and, if it makes an order under subsection (1), the reason for making the order.

A registered allied health professional who is aggrieved by any order of a Complaints Committee under subsection (1) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.

If the person who has made the complaint or referred information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1), he may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.

If the Council is dissatisfied with any order of a Complaints Committee under subsection (1) in a case where a complaint is made on any matter or information is referred to the Chairman of the Complaints Panel under subsection (8) or section 37(4), 39(3)(a) or 44(6), the Council may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.

The Minister may, after considering the appeal, make —

Every Complaints Committee shall immediately report to the Council its findings and the order or orders made.

The Council may from time to time appoint one or more Disciplinary Tribunals, each comprising —

Notwithstanding subsection (1), if, in the Minister’s opinion, it is inexpedient, difficult or impracticable to make an appointment under subsection (1)(a)(i), (b) or (c)(i)(A) or (ii) because of the requirement that the appointee must have practised for not less than 15 or 10 years (as the case may be) in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, the Minister may appoint a registered allied health professional who has practised in that profession for less than those number of years.

Notwithstanding subsection (1), if, in the Minister’s opinion, due to the nature of the issues likely to be raised at the inquiry, it is unnecessary for the chairman under subsection (1)(a)(i) or a member under subsection (1)(b) or (c)(i)(A) or (ii) to have practised in the same prescribed allied health profession as that which the registered allied health professional being complained against is registered in, the Minister may appoint —

A member of a Complaints Committee inquiring into any matter concerning a registered allied health professional shall not be a member of a Disciplinary Tribunal inquiring into the same matter.

The observer appointed under subsection (1)(d) shall not vote on any question or matter to be decided by the Disciplinary Tribunal and need not be present at every meeting of the Disciplinary Tribunal.

A Disciplinary Tribunal may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.

The Council may at any time revoke the appointment of a Disciplinary Tribunal or may remove any member of a Disciplinary Tribunal or fill any vacancy in a Disciplinary Tribunal.

Without affecting the generality of subsection (7), where, after a Disciplinary Tribunal has commenced the hearing and investigation of a matter, any member of the Disciplinary Tribunal is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the Council may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter.

The Disciplinary Tribunal so reconstituted or appointed under subsection (8) —

The production of any written instrument purporting to be signed by the Council and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment, revocation or removal has been duly made.

Every member of a Disciplinary Tribunal appointed under subsection (1) shall be paid such remuneration as the Council may determine.

No act done by or under the authority of a Disciplinary Tribunal shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.

Subject to subsection (5), all members of a Disciplinary Tribunal shall be personally present at any meeting thereof to constitute a quorum for the transaction of any business.

Subject to subsection (5), all members of a Disciplinary Tribunal present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes —

A Disciplinary Tribunal shall meet from time to time to inquire into a matter referred to it by the Council and may regulate its own procedure.

A member of a Disciplinary Tribunal shall, notwithstanding that he has ceased to be a member of the Complaints Panel or a panel referred to in section 50(1)(a) on the expiry of his term of office, continue to be a member of the Disciplinary Tribunal until such time as the Disciplinary Tribunal has completed its work.

The registered allied health professional concerned may appear in person or be represented by counsel.

A Disciplinary Tribunal shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit.

A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths, and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents.

The subpoenas referred to in subsection (5) shall be served and may be enforced as if it is a subpoena issued in connection with a civil action in the High Court.

A person giving evidence before a Disciplinary Tribunal shall be legally bound to tell the truth.

Witnesses shall have the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if such hearings were proceedings in a court of law.

A Disciplinary Tribunal shall carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make its finding and order within 6 months from the date of its appointment.

When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for such period as it thinks fit.

In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” is deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” is deemed to include any such investigation.

Where, in the course of inquiring into the case of a registered allied health professional, it appears to a Disciplinary Tribunal that his fitness to practise may be impaired by reason of his physical or mental condition, the Disciplinary Tribunal may refer that question to a Health Committee for determination.

If, on a reference under this section, the Health Committee determines that the fitness of the registered allied health professional to practise is not impaired by reason of his physical or mental condition, the Health Committee shall certify its opinion to the Disciplinary Tribunal.

If, on a reference under this section, the Health Committee determines that the fitness of the registered allied health professional to practise is impaired by reason of his physical or mental condition, the Health Committee shall —

Where a registered allied health professional is found by a Disciplinary Tribunal —

For the purposes of subsection (1), the Disciplinary Tribunal may —

In any proceedings instituted under this Part against a registered allied health professional consequent upon his conviction for a criminal offence, a Disciplinary Tribunal and the High Court on appeal from any order of a Disciplinary Tribunal shall accept his conviction as final and conclusive.

Where a registered allied health professional is not found by a Disciplinary Tribunal to have been convicted or guilty of any matter referred to in subsection (1), the Disciplinary Tribunal shall dismiss the complaint or matter.

A Disciplinary Tribunal may under subsection (2) order the registered allied health professional concerned to pay to the Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Tribunal and, where applicable, an Interim Orders Committee.

The High Court shall have jurisdiction to tax such costs referred to in subsection (5) and any such order for costs made shall be enforceable as if it were ordered in connection with a civil action in the High Court.

The Disciplinary Tribunal in ordering that costs be paid by the registered allied health professional under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Tribunal shall have the same effect as if it were a certification by a Judge in a civil action in the High Court.

The costs and expenses referred to in subsection (5) shall include —

The penalty under subsection (2)(e) shall be recoverable as a debt due to the Government.

Where a registered allied health professional in respect of whom an order under section 53(2)(c) or (d), 61(1)(b) or 63(1)(d) is made, is found by a Disciplinary Tribunal (whether, in the case of an order under section 53(2)(c) or (d), it is the Disciplinary Tribunal that made the order or another Disciplinary Tribunal appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Disciplinary Tribunal may, if it thinks fit, by order —

Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b), the Disciplinary Tribunal may make an order under section 53(2)(c) or (d), to take effect from the expiry of the current period of suspension.

Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b) against a registered allied health professional and he has failed to comply with that order, the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may, if it thinks fit —

Where a Disciplinary Tribunal has made an order under section 53(2)(c) or (d), the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may revoke the order or revoke or vary any of the conditions or restrictions imposed by the order.

Subsection (1) shall apply to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (2) or (3) as it applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under section 53(2)(c) or (d), and subsection (4) shall apply accordingly.

Where a Disciplinary Tribunal has made an order under section 53 or this section, or has varied the conditions or restrictions imposed by an order under this section, the Registrar shall immediately serve on the registered allied health professional and on the complainant a notice of the order or the variation.

Subject to subsection (8), an order made by a Disciplinary Tribunal for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 53(2) shall not take effect until the expiration of 30 days after the order is made.

On making an order for the removal of the name of a registered allied health professional from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 53(2), a Disciplinary Tribunal, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered allied health professional concerned, may order the Registrar to remove his name from the register or that his registration in the register be suspended immediately.

Where an order under subsection (8) is made, the Registrar shall immediately serve a notice of the order on the person to whom it applies and —

An order of a Disciplinary Tribunal, other than an order for the removal of a name or for the suspension of a registration under subsection (1) or (3) or section 53(2)(a) or (b), shall take effect from the date the order is made.

While any order of suspension of registration remains in force, the person concerned shall not be regarded as being registered, notwithstanding that his name still appears in a register, but immediately on the expiry of the order, his rights and privileges as a registered allied health professional shall be revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order.

A registered allied health professional or the Council who is dissatisfied with a decision of the Disciplinary Tribunal referred to in section 53(2), (4) or (5) or 54 (referred to in this section as the decision of the Disciplinary Tribunal) may, within 30 days after the service on the registered allied health professional of the notice of the order, appeal to the High Court against the order (referred to in this section as an appeal to the High Court).

A complainant who is dissatisfied with the decision of the Disciplinary Tribunal may, within 30 days from the lapse of the period for appeal in subsection (1), provided he has not received notice of the Council’s decision to file an appeal to the High Court, apply to a Review Committee to direct the Council to file an appeal to the High Court.

For the purposes of hearing applications under subsection (2), the Minister may from time to time appoint one or more Review Committees, each comprising —

The chairman of a Review Committee shall be appointed by the Minister from among its 3 members.

A Review Committee shall not be bound by the rules of evidence and shall regulate its own proceedings.

Upon an application under subsection (2), the Review Committee may, if it is unanimously of the opinion that there are sufficient grounds for the decision of the Disciplinary Tribunal to be appealed against to the High Court, direct the Council to file an appeal to the High Court.

Before exercising its power under subsection (6), the Review Committee shall give to both the Council and the registered allied health professional concerned a reasonable opportunity to make representations in writing as to why the Review Committee should not make a direction under subsection (6).

The Review Committee’s decision under subsection (6) shall be final.

If the Review Committee directs the Council to file an appeal to the High Court, the Council shall do so within 14 days of the receipt of the direction notwithstanding the expiry of 30 days referred to in subsection (1).

An appeal under this section shall be heard by the High Court and from the decision of that Court there shall be no appeal.

The procedure governing any such appeal to the High Court shall be as provided in the Rules of Court.

In any appeal to the High Court against a decision referred to in section 53(2), (4) or (5) or 54, the High Court shall accept as final and conclusive any finding of the Disciplinary Tribunal relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.

Notwithstanding anything in section 53 or 54, where a registered allied health professional has appealed to the High Court against an order referred to in section 53(2) or 54, the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or is withdrawn.

Where the name of a registered allied health professional has been removed from a register pursuant to an order made by a Disciplinary Tribunal under section 53 or 54, the Council may, on its own motion or upon his application —

No application for the restoration of a name to a register under this section shall be made to the Council —

The Council may, from time to time, appoint one or more Health Committees, each comprising not less than 3 persons, of whom —

A Health Committee shall inquire into any case or matter referred to it under this Act.

A Health Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council may think fit.

Where a Health Committee determines that a registered allied health professional’s fitness to practise is impaired by reason of his physical or mental condition, the Health Committee may exercise one or more of the following powers:

Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council shall by order direct the Registrar to remove the name of the registered allied health professional from the appropriate register and that order shall take effect from the date the order is made.

Where a registered allied health professional, in respect of whom an order under subsection (1)(b) or (c) or section 61(1)(b) or 63(1)(d) is made, is determined by a Health Committee to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Health Committee may, if it thinks fit, order that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.

Where a Health Committee has made an order for suspension under subsection (1) or (3), the Health Committee may make an order under subsection (1)(b) or (c), to take effect from the expiry of the current period of suspension.

Where a Health Committee has made an order for suspension under subsection (1) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit —

Where a Health Committee has made an order under subsection (1)(b) or (c), the Health Committee or another Health Committee appointed in its place may, on its own motion or on the application of the Council or the registered allied health professional, revoke the order or revoke or vary any of the conditions or restrictions imposed by the order.

No application under subsection (6) shall be made in respect of the same registered allied health professional more than once in any period of 12 months.

Subsection (3) shall apply to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (4) or (5)(b) as it applies to a registered allied health professional whose registration is subject to conditions or restrictions imposed by an order made under subsection (1)(b) or (c), and subsection (5) shall apply accordingly.

Where a Health Committee has made an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) under this section, the Registrar shall immediately serve on the person to whom the order applies a notice of the order or of the revocation or variation.

While a person’s registration in a register is suspended by virtue of this section, he shall be treated as not being registered in the register notwithstanding that his name still appears in it, but immediately on the expiry of the order of suspension, his rights and privileges as a registered allied health professional shall be revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order.

Sections 50(11), (12), (13) and (14)(a) and 51 shall apply, with the necessary modifications, to a Health Committee and references to a Disciplinary Tribunal shall be read as references to a Health Committee.

Any person who is aggrieved by an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section may, within 30 days after the service on him of the notification of the order, appeal to the Minister whose decision shall be final.

Any order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section shall take effect from the date the order, revocation or variation is made unless the Minister decides otherwise.

Where the name of a registered allied health professional has been removed from a register on the recommendation of a Health Committee under section 58, the Council may, on its own motion or upon his application —

No application under subsection (1) in respect of the same person shall be made to the Council more than once in any period of 12 months.

No application under subsection (1) in respect of a person shall be made to the Council unless that person has complied with all the terms of the order made against him.