Establishment of the Council
s 4
Open ↗A council to be called the “Traditional and Complementary Medicine Council” is established for the purpose of this Act.
Source
Traditional and Complementary Medicine Act 2016 Part II — THE TRADITIONAL AND COMPLEMENTARY MEDICINE COUNCIL
Functions and powers of the Council
s 5
Open ↗The Council shall have the following functions: (a) to advise the Minister on matters of national policy relating to traditional and complementary medicine practice; (b) to establish the eligibility requirements for each practice area; (c) to recognize qualifications conferred by any institutions of higher learning established under any written law in Malaysia or any institutions of higher learning recognized and authorized by any countries outside Malaysia for the purpose of registration under this Act; (d) to specify the appropriate academic qualifications or recognized skills certificate issued pursuant to the National Skills Development Act 2006 [Act 652] which are or is necessary before a person may apply to be a registered practitioner; (e) to specify the necessary apprenticeship and training requirements including rules for undergoing apprenticeship, the scope of responsibilities and permitted conduct or activities of apprenticeship, duration of apprenticeship and post-qualification apprenticeship; (f) to register individuals who will provide traditional and complementary medicine services to the public; (g) to issue practising certificates to registered practitioners who have satisfied the prescribed conditions and paid the prescribed fees; (h) to develop codes of professional conduct, rules relating to the professional conduct of registered practitioners, including penalties for breach of such codes or rules; (i) to develop, undertake, prescribe and mandate any matter relating to or connected with the practice of traditional and complementary medicine or the professionalism of such practice; (j) to specify, provide for and administer a complaints procedure and process; (k) to develop rules upon which registered practitioners are to refer their patients to medical practitioners or dental practitioners, as the case may be; (l) to obtain such relevant information from practitioners, and to provide the same to the Minister; (m) to carry out such functions as may be specified by this Act; and (n) to carry out all such other activities as may be directed by the Minister and such direction shall be consistent with the purposes of this Act.
Membership of the Council
s 6
Open ↗(1) The Council shall consist of the following members who shall be appointed by the Minister on the recommendation of the Director General: (a) not more than three representatives from the Ministry of Health; (b) two representatives from any local universities with expertise in traditional and complementary medicine fields; (c) not more than three registered practitioners in the public service; (d) not more than eight individuals from private practice who represent the designated traditional and complementary medicine practitioner bodies in Malaysia; and (e) five individuals who possess sufficient experience and expertise in the relevant industry. (2) The Director General shall be the Chairman of the Council. (3) A member of the Council shall, subject to such conditions as may be specified in his instrument of appointment, unless he sooner resigns, hold office for a term not exceeding three years and is eligible for reappointment. (4) The appointment of any member of the Council may, at any time, be revoked by the Minister if such person is found by the Minister no longer to be a fit and proper person having regard to— (a) his probity, his competence and soundness of judgment for fulfilling the responsibilities as a member of the Council; or (b) the diligence with which he is fulfilling or likely to fulfil his responsibilities as a member of the Council. (5) Every member of the Council shall devote such time to the business of the Council as is necessary to discharge his duties effectively. (6) A member of the Council may at any time resign his office by giving a notice in writing to the Minister and a copy of the notice to the Council.
Vacation of office
s 7
Open ↗(1) The office of a member of the Council shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of fine) for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from three consecutive meetings of the Council without leave from the Chairman; (f) his appointment is revoked by the Minister; or (g) his resignation is accepted by the Minister. (2) Where the office of a member of the Council is vacated pursuant to subsection (1), the Minister may appoint any person he thinks fit to fill up the vacancy for the remainder of the term vacated by the member. (3) Any period of appointment made under subsection (2) shall not be taken into consideration in the reckoning of the period of appointment of a member under subsection 6(3).
Alternate member
s 8
Open ↗(1) The Minister may appoint in respect of each member appointed under subsection 6(1) an alternate member who shall be similarly qualified as the member. (2) The Deputy Director General responsible for traditional and complementary medicine services shall be the alternate Chairman. (3) An alternate member may attend meetings of the Council in place of the member when the member is for any reason unable to attend. (4) An alternate member attending any meeting of the Council shall be deemed for all purposes to be a member of the Council. (5) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Council.
Meetings of the Council
s 9
Open ↗(1) Subject to subsection (2), the Chairman shall preside at all meetings of the Council. (2) The alternate Chairman shall preside at meetings of the Council in the absence of the Chairman. (3) The Council shall meet at least twice a year. (4) The Chairman may requisition from time to time a meeting of the Council if there is a need to do so. (5) The members of the Council may requisition a meeting of the Council by submitting a requisition notice to the Secretary in accordance with subsection (6). (6) A requisition notice under subsection (5) shall contain the signatures of at least three members of the Council and shall specify the matters to be discussed and decided upon by the Council.
Quorum of meetings of the Council
s 10
Open ↗The quorum for all meetings of the Council shall be eleven.
Voting
s 11
Open ↗(1) Every member present at a meeting of the Council shall have one vote. (2) If on any question to be determined by the Council there is equality of votes, the Chairman or, in his absence, the alternate Chairman, shall have a casting vote in addition to his deliberative vote. (3) All matters to be decided by the Council shall be decided by a majority of votes.
Procedure of Council
s 12
Open ↗The Council shall determine its own procedure.
Validity of acts and proceedings
s 13
Open ↗No act done or proceedings taken under this Act shall be questioned on the ground of— (a) any vacancy in the membership of, or any defect in the constitution of the Council; or (b) any omission, defect or irregularity not affecting the merits of the case.
Advisors
s 14
Open ↗(1) The Council may appoint any person as it thinks necessary as advisors for the purpose of advising it on any matter relating to its functions. (2) The Council may invite any advisor or any other person to attend any meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at such meeting or deliberation.
Allowances
s 15
Open ↗The members of the Council, advisors and any other person invited to attend any meeting or deliberation of the Council shall be paid such allowances as may be determined by the Minister.
Secretary of the Council and other officers
s 16
Open ↗(1) The Minister shall designate a public officer, as may be recommended by the Director General, as the Secretary of the Council to assist the Council in carrying out its functions under this Act. (2) The Minister may designate such number of other public officers, as may be recommended by the Director General, to assist the Secretary in carrying out his functions. (3) For the purpose of this Act, the Secretary and the officers designated under subsection (2) shall be deemed to be officers of the Council.
Delegation of functions
s 17
Open ↗(1) The Council may, with the approval of the Minister, in writing, subject to such conditions, limitations or restrictions, delegate any of its functions as may be appropriate to— (a) any designated practitioner body; or (b) any person as the Council deems fit. (2) Any function delegated under subsection (1) shall be performed and exercised in the name and on behalf of the Council. (3) The Council shall record all delegations, including any revocation or amendment of the delegation, in a register. (4) The Council shall make available all such delegations to the public. (5) A delegation under this section shall not preclude the Council itself from performing or exercising at any time of the functions so delegated.
Back to Traditional and Complementary Medicine Act 2016 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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