Singapore legislation
Clause 58
Clause 58
Unfitness to practise through illness, etc.
(1)
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:
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 the registered allied health professional is an allied health professional with full registration, direct the Registrar to remove his name from the Register of Allied Health Professionals with Full Registration and register him as an allied health professional with restricted or conditional registration in the prescribed allied health profession in which he is registered and with appropriate restrictions or conditions, and section 17(2) and (3) or 18(4) to (9), as the case may be, shall apply accordingly;
where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with Full Registration, order that appropriate conditions or restrictions be imposed on his registration;
recommend to the Council that the name of the registered allied health professional be removed from the appropriate register;
order that he pays to the Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and, where applicable, an Interim Orders Committee.
(2)
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.
(3)
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.
(4)
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.
(5)
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 —
make a recommendation referred to in subsection (1)(d) to the Council, and subsection (2) shall apply accordingly; or
make an order under subsection (1)(b) or (c), to take effect from the expiry of the current period of suspension.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
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.