Traditional Chinese Medicine Practitioners Act 2000

“acupuncture” means the stimulation of a certain point or points on or near the surface of the human body through any technique of point stimulation (with or without the insertion of needles), including through the use of electrical, magnetic, light and sound energy, cupping and moxibustion, to normalise physiological functions or to treat ailments or conditions of the human body;

“Board” means the Traditional Chinese Medicine Practitioners Board established under section 3;

“certificate of registration” means a certificate of registration issued by the Board under section 16;

“Chairperson” means the Chairperson of the Board;

“herbal medicine” means any material or product known or claimed to have therapeutic or other health benefits which contains either raw or processed ingredients of plant, inorganic or animal origin;

“Inquiry Committee” means a committee appointed under section 26I(1);

“institution of higher learning” includes any college and polytechnic;

“interim order” means an order made under section 26H(1);

“investigator” means a person appointed under section 28;

“member” means a member of the Board;

“modify”, in relation to any condition of registration, means —

“practice of traditional Chinese medicine” means any of the following acts or activities:

“practising certificate” means a practising certificate issued under section 17;

“prescribed practice of traditional Chinese medicine” means any type of practice of traditional Chinese medicine that has been declared by the Minister by order made under section 14(1) as a prescribed practice of traditional Chinese medicine;

“processing” means any type of treatment or preparation applied to a herbal medicine or mixture of herbal medicines based on traditional Chinese medicine before it is being —

“Register” means the Register of Traditional Chinese Medicine Practitioners kept under section 12;

“registered person” means a person who is registered under section 14 for the carrying out of any prescribed practice of traditional Chinese medicine;

“Registrar” means the Registrar of the Board, and includes any individual acting in that capacity;

“registration” means registration under section 14 for the carrying out of any prescribed practice of traditional Chinese medicine;

“retailing” means the selling of any herbal medicine to a person who obtains the herbal medicine other than for the purpose of wholesale.

A body called the Traditional Chinese Medicine Practitioners Board is established, which is a body corporate with perpetual succession and a common seal.

The Board consists of not less than 5 and not more than 11 members to be appointed by the Minister, of whom —

Every member, except the Registrar, holds office for a term of 3 years and is eligible for re‑appointment.

The Minister may, at any time, revoke the appointment of any member without giving any reason.

The Minister must appoint one of the members to be the Chairperson.

The Chairperson presides at any meeting of the Board and, in his or her absence, any member that the members present may elect presides at that meeting.

The office of a member becomes vacant if the member —

The Minister may remove from office any member who is absent without leave of the Board from 3 consecutive meetings of —

Any question as to whether a person has ceased to be a member is to be determined by the Minister whose decision is final.

If any vacancy arises among the members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made, and that person holds office for as long as the member in whose place that person was appointed would have held office.

The Board may act despite any vacancy in the membership of the Board.

No act done by or under the authority of the Board is invalid in consequence of any defect that is afterwards discovered in the appointment or qualification of the members or any of them.

The Board must meet at such times and places as the Chairperson or the Registrar may appoint.

At any meeting of the Board, one-half of the total number of members forms a quorum.

The Chairperson or member presiding at any meeting of the Board has an original vote and, in the case of an equality of votes, a casting vote.

However, a member who is or was a member of an Inquiry Committee inquiring into a matter relating to a registered person under this Act —

Subject to this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own procedure.

The Board may appoint one or more committees for any general or special purpose which, in the opinion of the Board, may be better dealt with or managed by a committee.

The Board may delegate any of its powers or functions to any committee so appointed, with or without restrictions or conditions as the Board thinks fit.

The number and term of office of the members of a committee appointed under this section and the number of those members necessary to form a quorum are to be fixed by the Board.

A committee appointed under this section may include persons who are not members of the Board.

There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018.

The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar —

In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must keep a Register of Traditional Chinese Medicine Practitioners which must —

The Registrar is responsible for the maintenance and custody of the Register.

A registered person must inform the Registrar in writing of any change in the registered person’s name, working address, residential address, or any other particulars that may be prescribed, within 28 days of the change.

Any person who fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

A person who makes a report of a change in his or her residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (3) relating to residential address on the date on which the person makes the report.

The Minister may from time to time, by order in the Gazette, declare any type of practice of traditional Chinese medicine as a prescribed practice of traditional Chinese medicine if the Minister is of the opinion that it is in the public interest for that type of practice of traditional Chinese medicine to be regulated under this Act.

Any person who desires to carry out any prescribed practice of traditional Chinese medicine must apply for registration to the Board in accordance with the regulations made under this section.

The Board may, subject to the regulations made under this section, register a person to carry out any prescribed practice of traditional Chinese medicine.

The Minister may, in respect of each prescribed practice of traditional Chinese medicine, make regulations to provide for or with respect to the following matters:

The Board may refuse to register any applicant for the carrying out of any prescribed practice of traditional Chinese medicine who —

Where the Board refuses to register an applicant, the Board must by written notice inform the applicant of the refusal.

Any person who is aggrieved by any refusal of the Board under subsection (1) may, within 30 days of the notice given under subsection (2), appeal to the Minister whose decision is final.

Upon the registration of a person, the Board shall grant to the person a certificate of registration and specify in the certificate the prescribed practice or practices of traditional Chinese medicine for which the person is registered.

A person whose registration is cancelled or suspended under section 19 must surrender his or her certificate of registration in respect of that registration to the Board within 14 days of being notified by the Board of the cancellation or suspension.

Any person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

A registered person who desires to obtain a practising certificate for the prescribed practice of traditional Chinese medicine for which he or she is registered must apply to the Board in the form and manner that the Board may prescribe.

The application must be accompanied by the prescribed fee.

A practising certificate is valid for the period that the Board may determine.

An application for the renewal of a practising certificate must be made no later than 30 days before the expiry of the practising certificate and must be made in the form and manner that the Board may prescribe.

A registered person who applies for a practising certificate later than 30 days before the expiry of the practising certificate is liable to pay to the Board the late application fee that the Board may prescribe.

The Board may refuse to grant or renew a practising certificate to a registered person if the registered person fails to comply with any prescribed requirements relating to —

A practising certificate issued to a registered person is deemed to be cancelled when —

A person whose practising certificate is deemed to be cancelled under subsection (7) must surrender the practising certificate to the Board no later than the 14th day after the cancellation of the practising certificate.

Any person who fails to comply with subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

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

Where a registered person is liable to have his or her registration cancelled on any of the grounds referred to in subsection (1)(e) to (k), the Board may, instead of cancelling the registered person’s registration, take one or more of the following measures:

Where a registered person is liable to have his or her registration cancelled on the ground in subsection (1)(l), the Board may, instead of cancelling the registration of the registered person, take one or more of the following measures:

The Board must, before exercising its power under subsection (1), (2) or (3) —

Every penalty imposed under subsection (2)(d) is recoverable as a debt due to the Board.

Subject to subsection (7) and section 21(3), a decision of the Board made under subsection (1), (2) or (3) does not take effect until the 31st day after the date of the decision.

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 —

Where the Board so certifies under subsection (7), the Registrar must immediately serve a notice of the Board’s decision on the registered person concerned.

While the registration of a registered person for the carrying out of a prescribed practice of traditional Chinese medicine remains suspended, he or she is not to be regarded as a registered person in respect of that prescribed practice of traditional Chinese medicine for the purposes of this Act, but on the expiry of the registered person’s suspension, his or her rights and privileges under this Act are revived.

Where a person is registered in respect of 2 or more prescribed practices of traditional Chinese medicine, the Board may take action under this section in relation to the person’s registrations for both or all of those prescribed practices of traditional Chinese medicine without having to institute separate proceedings.

The Board may order a registered person to pay the sums that the Board thinks fit in respect of the costs and expenses of or incidental to any inquiry or investigation conducted or action taken against the registered person where the Board —

The General Division of the High Court has jurisdiction to tax the sums ordered to be paid under subsection (1).

Such sums are recoverable as a debt due to the Board.

The costs and expenses mentioned in subsection (1) include —

Any person who is aggrieved by a decision of the Board under section 19(1), (2) or (3) may, within 30 days of the date of the decision or within any further period that the General Division of the High Court allows, appeal to the General Division of the High Court against the decision.

There is no appeal from a decision of the General Division of the High Court.

Where a person appeals to the General Division of the High Court against the Board’s decision mentioned in subsection (1), the decision, if not certified under section 19(7), takes effect only when —

A person whose registration has been cancelled under section 19 or 26A may apply to the Board for the person’s name to be re‑registered.

The Board may, after considering all relevant circumstances, and upon the compliance by the applicant of all conditions imposed by the Board (if any) and the payment of the prescribed fee, re‑register the applicant.

No application for re-registration may be made to the Board —

A person must not —

A person must not 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.

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

In any proceedings for a contravention of subsection (2), it is a defence for the accused to prove that —

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 person may request the Board in writing to take one or more of the actions in subsection (2) if the registered person believes that —

Upon receiving a request under subsection (1), the Board may, with the agreement of the registered person, do one or more of the following:

However, the Board must not take any action under subsection (2) in relation to a registered person if —

A person (whether or not a member or an employee of the Board) may make a complaint against, or provide information about, any registered person to the Board touching on any matter mentioned in section 19(1).

Every complaint against, or information about, any registered person mentioned in subsection (1) must —

Subject to section 26H, the Board must —

The Board may, in the course of a review under subsection (1), require any of the following persons to answer any inquiry or provide any record that the Board considers relevant for the purpose of the review:

The Board may dismiss any complaint or information where the Board is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance.

Where a complaint against, or information about, a registered person is not dismissed under subsection (3), the Board must refer the complaint or information to an Inquiry Committee.

Where a complaint against, or information about, a registered person is withdrawn, the Board or an Inquiry Committee (as the case may be) must proceed under this Part as if the complaint had been made, or the information had been provided, by a member of the Board.

The Board may, despite the withdrawal —

An Inquiry Committee must, within 2 weeks starting on the date the Board refers any complaint against, or information about, a registered person to the Inquiry Committee, start its inquiry into the complaint or information.

An Inquiry Committee must complete its inquiry into the complaint or information, and report its findings and recommendation to the Board, no later than 6 months starting on the date the complaint or information is referred to the Inquiry Committee, or within any extension of time under subsection (3) if granted.

The Chairperson may grant in writing an extension of time to any Inquiry Committee which is unable to complete its inquiry into, and report its findings in respect of, any complaint against, or information about, any registered person within the 6‑month period specified in subsection (2).

For the purposes of an inquiry under this Part, an Inquiry Committee —

Where, in the course of an inquiry on a matter other than that in section 19(1)(l), it appears to the Inquiry Committee that a registered person’s fitness to practise the prescribed practice of traditional Chinese medicine that he or she is registered to carry out may be impaired by reason of his or her mental or physical condition —

An investigator directed by an Inquiry Committee under section 26E(4)(a) to investigate into the facts and circumstances of any complaint against, or information about, a registered person must give written notice of the complaint or information to that registered person.

A notice under subsection (1) must include copies of the complaint or information, and of any statutory declaration that has been made in support of the complaint or information.

An investigator mentioned in subsection (1) must, upon completing the investigation, submit a report on the findings of the investigation (called in this section the investigation report) to the Inquiry Committee that directed the investigator to carry out the investigation.

The investigation report must include any written explanation given by the registered person after receiving a notice under subsection (1).

Where an investigator, in the course of an investigation in respect of a registered person, receives any information touching on the conduct, mental or physical condition or professional performance —

Upon the Board receiving the report mentioned in subsection (5), section 26C applies as if the report is information received by the Board about a registered person.

A report which is required by section 26E(2) must contain —

The Board may, after considering the report of the Inquiry Committee required by section 26E(2) —

Where the Board refers a complaint or information back to the Inquiry Committee under subsection (2)(c), the Inquiry Committee —

Upon receiving the Inquiry Committee’s response or further report under subsection (3), the Board must proceed in accordance with subsection (2)(a) or (b).

Where, in the course of its inquiry, an Inquiry Committee receives any information touching on the conduct of the registered person concerned which discloses an offence under this Act or its subsidiary legislation or any other written law, the Inquiry Committee must record the information and report it to the Board.

Where it appears to the Board that a registered person must without delay stop carrying out any prescribed practice of traditional Chinese medicine because there are reasonable grounds to believe that —

An interim order —

In determining whether it is appropriate or requisite that an interim order be made against a registered person, the Board must have regard, in particular, to —

Subject to subsections (5) to (8), the Board may confirm an interim order made against a registered person, with or without modifications, if the Board is satisfied that it continues to be necessary to prevent the registered person from carrying out the prescribed practice of traditional Chinese medicine that the registered person is registered to carry out.

Before the Board confirms an interim order, the Board must —

Where the Board refers an interim order to an Inquiry Committee under subsection (5)(a) —

The Inquiry Committee mentioned in subsection (5)(a) may recommend that the Board confirm or not confirm the interim order, with or without modifications, after considering —

The Board may, after considering the recommendation of the Inquiry Committee under subsection (7) —

In this section, “interim order” means an order which, if not confirmed in accordance with subsection (8), ceases to have effect at the end of the period (not exceeding 18 months) that the order specifies.

Subject to this section, the Board may appoint from any persons one or more Inquiry Committees to inquire under section 26E into any complaint against, or information about, any registered person.

An investigator directed by an Inquiry Committee under section 26E(4)(a) to investigate into the facts and circumstances of any complaint against, or information about, a registered person must not be appointed a member of an Inquiry Committee inquiring into the same complaint or information.

To avoid doubt, a public officer in the Ministry of Health is not disqualified from being appointed a member of an Inquiry Committee by reason only that the person is such a public officer.

An Inquiry Committee may be appointed in connection with one or more matters or for a fixed period of time set by the Board.

The production of any written instrument purporting to be signed by the Board and making an appointment under this section is evidence that the appointment has been duly made.

Subject to this section, the Board may —

Where any vacancy occurs in any Inquiry Committee because of the death or illness of, or other cause preventing, a member of the Inquiry Committee from continuing his or her duties on that Inquiry Committee, the Board may fill that vacancy by making an appointment in accordance with section 26I.

The production of any written instrument purporting to be signed by the Board and —

A person to whom this section applies must not disclose any information contained in any document as may have come to the person’s knowledge in the course of any inquiry under this Part unless the disclosure is made —

A person to whom this section applies who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.

This section applies to —

The Board may appoint a committee, called the Examinations Committee, which consists of any number of members that the Board may determine.

The functions of the Examinations Committee are —

This section provides for the enforcement powers which an investigator may exercise for any of the following purposes:

Subject to subsection (4), the following are the enforcement powers that an investigator may exercise in relation to a place for a purpose in subsection (1):

In addition, an investigator may —

However, an investigator is not authorised by this section —