Singapore legislation

Clause 20

of Optometrists and Opticians Bill

Clause 20

Power of Board to cancel registration, etc.

(1)

Any complaint concerning the conduct of a registered person in his professional capacity shall be made to the Board in such form and manner as the Board may require.

(2)

Where the Board receives any complaint against a registered person under subsection (1) or otherwise comes to know of any information concerning the conduct of a registered person in his professional capacity, the Board shall notify the registered person of the complaint or information and give him an opportunity to be heard either personally or by counsel.

(3)

The Board may cancel the registration of a registered person if the Board is satisfied that the registered person —

(a)

has obtained his registration by a fraudulent or an incorrect statement;

(b)

has had any of his qualifications by virtue of which he was registered withdrawn or cancelled by the authority through which it was acquired or by which it was awarded;

(c)

has had his registration in any other country for the practice of optometry or opticianry withdrawn, suspended or cancelled;

(d)

has ceased to carry on the practice of optometry or opticianry for which he is registered;

(e)

has failed to comply with any condition to which his registration is subject;

(f)

has contravened any regulation made under this Act relating to the practice and conduct of optometrists or opticians that applies to him;

(g)

has been convicted of an offence in Singapore or elsewhere involving fraud or dishonesty;

(h)

has been convicted of an offence in Singapore or elsewhere implying a defect in character which renders him unfit to remain on the Register of Optometrists or the Register of Opticians;

(i)

has been guilty of any professional misconduct or negligence;

(j)

has been guilty of any improper act or conduct in his practice as an optometrist or optician which renders him unfit to remain on the Register of Optometrists or the Register of Opticians;

(k)

is unable to carry out the practice of optometry or opticianry for which he is registered safely or effectively by reason of any mental or physical disability; or

(l)

has failed to pay any penalty imposed on him under subsection (4)(b).

(4)

Where a registered person is liable to have his registration cancelled on any of the grounds referred to in subsection (3)(e) to (l), the Board may, instead of cancelling his registration, take one or more of the following measures:

(a)

censure him;

(b)

impose on him a penalty not exceeding $10,000;

(c)

order that his registration be subject to such conditions as may be imposed by the Board for a period not exceeding 3 years;

(d)

suspend his registration for a period not exceeding 3 years.

(5)

Where the Board determines that there are no merits in any complaint or information received by it concerning any registered person, it may dismiss the complaint or information.

(6)

Every penalty imposed under subsection (4)(b) shall be recoverable as a debt due to the Government.

(7)

Notwithstanding that any appeal under section 22 is pending, the decision of the Board to cancel or suspend the registration of a registered person, or to impose any penalty on him under subsection (4)(b), shall take effect on the date the decision has been communicated to him, unless the Board or the High Court otherwise directs.

(8)

While the registration of a registered person for the carrying out of a practice of optometry or opticianry remains suspended, he shall not be regarded as a registered person in respect of that practice of optometry or opticianry for the purposes of this Act, but on the expiry of his suspension, his rights and privileges under this Act shall be revived.

(9)

Where a person is registered in respect of 2 or more practices of optometry or opticianry, the Board may take action under this section in relation to his registrations for both or all of those practices of optometry or opticianry without having to institute separate proceedings.