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Amendment of section 19

Traditional Chinese Medicine Practitioners (Amendment) Bill

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Section 19 of the principal Act is amended —(a)by inserting, immediately after paragraph (i) of subsection (1), the following paragraph:“(ia)has failed to comply with any order of the Board under subsection (2)(ab), (b) or (ca);”;(b)by deleting the word “disability” in subsection (1)(k) and substituting the word “condition”;(c)by deleting the words “to (k)” in subsection (2) and substituting the words “to (j)”;(d)by deleting paragraphs (b) and (c) of subsection (2) and substituting the following paragraphs:“(aa)issue a letter of advice to the registered person;(ab)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;(b)order the registered person to pay —(i)a penalty not exceeding $10,000; or(ii)a penalty not exceeding $50,000, if the act or omission that is the subject of the complaint or information occurred on or after the date of commencement of section 7(d) of the Traditional Chinese Medicine Practitioners (Amendment) Act 2019;(ba)alter the registered person’s class of registration;(c)modify the conditions of the registration of the registered person for a period not exceeding 3 years;(ca)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 —(i)the personal attendance of the registered person and the complainant before a mediator specified by the Board; and(ii)the registered person to supply a report of the outcome of that mediation by the mediator mentioned in sub‑paragraph (i) to the Board;”;(e)by inserting, immediately after subsection (2), the following subsection:“(2A) Where a registered person is liable to have his registration cancelled on the ground in subsection (1)(k), the Board may, instead of cancelling the registration of the registered person, take one or more of the following measures:(a)suspend the registration of the registered person for a period not exceeding 12 months;(b)alter the registered person’s class of registration;(c)modify the conditions of the registration of the registered person for a period not exceeding 3 years.”;(f)by deleting the words “or (2)” in subsection (3) and substituting the words “, (2) or (2A)”;(g)by deleting paragraph (b) of subsection (3) and substituting the following paragraph:“(b)consider the findings and recommendation of the relevant Inquiry Committee as reported to the Board under section 26E(2).”; and(h)by deleting subsection (5) and substituting the following subsections:“(5) Subject to subsection (5A) and section 21(3), a decision of the Board made under subsection (1), (2) or (2A) does not take effect until the 31st day after the date of the decision.(5A) 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 —(a)there is a serious and imminent risk to the public if the cancellation of the registration does not take immediate effect; or(b)it is appropriate or requisite that the cancellation takes immediate effect in order to avoid any actual incident that endangers the public.(5B) Where the Board so certifies under subsection (5A), the Registrar must immediately serve a notice of the Board’s decision on the registered person concerned.”.

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