Regulation 1
Citation
These Regulations may be cited as the Traditional Chinese Medicine Practitioners (Register and Practising Certificates) Regulations.
/akn/sg/act/sub_leg/2000/TCMPA-RG2
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Traditional Chinese Medicine Practitioners (Register and Practising Certificates) Regulations is Singapore Subsidiary Legislation, cited as Subsidiary Legislation TCMPA-RG2 2000, currently marked in force and first recorded in 2000.
Citation
These Regulations may be cited as the Traditional Chinese Medicine Practitioners (Register and Practising Certificates) Regulations.
Definitions
In these Regulations, unless the context otherwise requires —
“continuing professional education point” means a continuing professional education point which a registered person obtains by successfully completing any activity, course or programme in the list of activities, courses and programmes published under regulation 5A(1);
“core programme” means any activity, course or programme identified under regulation 5A(2) as a core programme;
“qualifying period”, in relation to a registered person, means the period specified in the fourth column of the Second Schedule applicable to that registered person;
“requisite number of continuing professional education points”, in relation to a registered person, means the number of continuing professional education points specified in the second column of the Second Schedule applicable to that registered person.
In these Regulations, an applicant obtains the requisite number of continuing professional education points if the applicant successfully completes one or more of the activities, courses and programmes in the list published under regulation 5A(1) in respect of which the total number of continuing professional education points obtainable equals or exceeds that requisite number.
Copy of entry in Register
The Registrar may, upon an application by any person accompanied by the fee specified in the First Schedule, provide a certified copy of an entry in the Register to the person.
Registration of additional qualification
A registered person who obtains a qualification in addition to the qualification by virtue of which he has been registered may apply to the Registrar to have that additional qualification entered in the Register.
An application referred to in paragraph (1) shall be accompanied by the fee specified in the First Schedule.
The Board is to determine the additional qualification or qualifications that may be entered in the Register.
Practising certificate
An application for a practising certificate under section 17 of the Act shall be in such form as the Board may provide, and shall be accompanied by the fee specified in the First Schedule.
A practising certificate shall be granted for a period not exceeding 2 years from the date of issue of the practising certificate.
Renewal of practising certificate
An application for renewal of a practising certificate shall be in such form as the Board may provide, and shall be accompanied by the fee specified in the First Schedule.
Where an application for the renewal of a practising certificate is submitted later than 30 days before the expiration of the practising certificate, the application shall be accompanied by the appropriate late payment fee specified in the First Schedule in addition to the fee referred to in paragraph (1).
List of activities, etc., with continuing professional education points
The Board must publish on the Board’s website a list of activities, courses and programmes relating to the practice of traditional Chinese medicine for the purposes of these Regulations and the number of continuing professional education points which a registered person obtains by successfully completing each of the activities, courses and programmes.
The Board must identify in the list mentioned in paragraph (1) those activities, courses and programmes which are core programmes.
Grant or renewal of practising certificate subject to continuing professional education requirements
For the purposes of section 17(6) of the Act and subject to regulation 5C, the Board may refuse to grant or renew a practising certificate if the applicant fails to satisfy any of the following requirements:
the applicant must obtain not less than the requisite number of continuing professional education points set out in the second column of the Second Schedule applicable to the applicant within the qualifying period set out in the fourth column of that Schedule;
the applicant must obtain not less than the percentage of the requisite number of continuing professional education points set out in the third column of the Second Schedule (if any) by the successful completion of one or more core programmes within the qualifying period set out in the fourth column of that Schedule.
The Board may, in any special circumstances that it determines, grant or renew a practising certificate even though the applicant is unable to satisfy the Board that the applicant has fulfilled the requisite continuing professional education requirements.
The Board may impose reasonable conditions in the exercise of its discretion under paragraph (2).
Application of regulation 5B
Regulation 5B does not apply to a registered person who applies for the grant of a practising certificate for the first time.
Conditions for applications for grant or renewal of practising certificate
For the purposes of section 17(6) of the Act, the Board may refuse to grant or renew a practising certificate if the applicant fails to comply with paragraph (2).
For the purposes of paragraph (1), the applicant must —
provide any document or information that the Board requires for those purposes; and
give an undertaking, or make a declaration (including a statutory declaration), in the form and manner required by the Board.
Without limiting paragraph (2)(a), the Board may require an applicant to provide any document or information in relation to any of the following matters:
where the applicant is registered with any foreign authority having the function conferred by law of authorising or registering individuals to practise traditional Chinese medicine in a state or territory other than Singapore, the applicant’s registration status and disciplinary record with the foreign authority;
where the applicant was convicted, in Singapore or elsewhere, of any criminal offence —
the facts and circumstances of the offence;
the court of law that convicted the applicant of the offence; and
the sentence or punishment imposed on the applicant;
where the applicant was found guilty, in Singapore or elsewhere, of professional misconduct or an improper act or conduct which renders the applicant unfit to remain on the Register —
the facts and circumstances of the professional misconduct or improper act or conduct;
the tribunal, professional body or authority that found the applicant guilty; and
the disciplinary action taken against the applicant and the outcome of that action;
where the applicant, as at the date of the application for the grant or renewal of the practising certificate, is the subject of any proceedings, inquiry or investigation by any court of law, tribunal, professional body, licensing or health authority, or the police or other enforcement agency, in respect of any matter mentioned in sub-paragraph (b) or (c) —
the facts and circumstances of the alleged offence, professional misconduct or improper act or conduct; and
the nature and status of the proceedings, inquiry or investigation;
where the applicant is receiving or undergoing treatment for a mental or physical condition, a medical report prepared by the registered medical practitioner providing treatment to the applicant stating —
the diagnosis and prognosis of, and the treatment provided to, the applicant; and
the effect (if any) of the applicant’s condition on the applicant’s ability to safely or effectively carry out the prescribed practice of traditional Chinese medicine for which the applicant is registered.
Duplicate of practising certificate
Where a practising certificate has been lost, destroyed, defaced or obliterated so that any particulars in such certificate is illegible, the holder thereof shall forthwith notify the Registrar.
Subject to paragraphs (4) and (5), the Registrar shall, on payment of the fee specified in the First Schedule, if he is satisfied that a practising certificate has been lost, destroyed, defaced or obliterated, issue a duplicate of such certificate to the holder of the original thereof.
A duplicate of a practising certificate shall have the same effect as the original.
In the case of a practising certificate which has been defaced or obliterated, no duplicate of such certificate shall be issued unless the original certificate is returned to the Registrar.
In the case of a practising certificate which has been lost or destroyed, no duplicate of such certificate shall be issued unless the holder thereof makes a statutory declaration of the loss or destruction and furnishes it to the Registrar.
Where any original practising certificate is found after any duplicate thereof is issued under this regulation, the holder of the certificate shall immediately return the duplicate to the Registrar for cancellation.
Any person who fails to comply with paragraph (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Registered person ceasing to carry on prescribed practice of traditional Chinese medicine
The Board may cancel the registration of a registered person under section 19(1)(d) of the Act if the Board is satisfied that the registered person has not renewed his practising certificate for a continuous period of not less than 5 years and he has no address in Singapore at which he can be found.
Restoration of registration
An application for restoration of a registration under section 23 of the Act shall be in such form as the Board may provide, and shall be accompanied by the fee specified in the First Schedule.
The application shall —
state the grounds on which the application is made;
be accompanied by at least 2 certificates as to the good reputation and character of the applicant signed by a registered person, magistrate or Justice of the Peace; and
be accompanied by such other document or information as the Board may require.
Except with the leave of the Board, neither the applicant nor any other person may appear before the Board to make any representation in respect of the application.
Certificate of good standing
The Board may, upon the application of a registered person in such form as the Board may provide and accompanied by the fee specified in the First Schedule, issue to the registered person a certificate of good standing stating that on the date of its issue, that person is a registered person and that no proceedings have been taken or are pending against him.