Singapore legislation

Clause 24

of Traditional Chinese Medicine Practitioners Bill

Clause 24

Unlawful engagement in prescribed practice of traditional Chinese medicine

(1)

No person shall —

(a)

carry out any prescribed practice of traditional Chinese medicine; or

(b)

advertise or otherwise hold himself out to be qualified to carry out any prescribed practice of traditional Chinese medicine,unless he is a qualified person in respect of that prescribed practice of traditional Chinese medicine and he carries out that prescribed practice in accordance with the conditions of his registration prescribed under section 14(4).

(2)

No person shall employ any person who is not a qualified person in respect of a prescribed practice of traditional Chinese medicine to carry out that prescribed practice of traditional Chinese medicine.

(3)

Subsections (1) and (2) are subject to any transitional or saving provisions in any regulations made under section 14(4).

(4)

Any person who acts in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.

(5)

In any proceedings for a contravention of subsection (2), it shall be a defence for the defendant to prove that —

(a)

he did not know that the person he employed was not a qualified person in respect of the prescribed practice of traditional Chinese medicine in question; and

(b)

he had exercised due diligence to ascertain if the person was a qualified person.

(6)

For the purposes of this section, “qualified person”, in relation to a prescribed practice of traditional Chinese medicine, means a person who is —

(a)

registered to carry out; and

(b)

has in force a practising certificate which authorises him to carry out,the prescribed practice of traditional Chinese medicine.

Clause 24 — Traditional Chinese Medicine Practitioners Bill