False assumption of title by non‑duly qualified allied health professional
Open ↗29.—(1) A person who is not a duly qualified allied health professional shall be guilty of an offence if the person —(a)
wilfully and falsely pretends to be a duly qualified allied health professional;
(b)
practises any prescribed allied health profession or a branch thereof, under the style or title of an allied health professional from a prescribed allied health profession or under any name, title, addition or description implying that he or she holds any diploma, degree or qualification in a prescribed allied health profession or in a branch thereof;
(c)
takes or uses any name or title set out in the second column of the Second Schedule, or any other word in any language having the same meaning or being to the like intent;
(d)
takes or uses any name, title, sign, uniform, badge, or any other addition or description implying, whether in itself or in the circumstances in which it is used, that he or she is qualified to practise a prescribed allied health profession or a branch thereof; or
(e)
advertises or holds himself or herself out as an allied health professional from a prescribed allied health profession.
(2) Subsection (1)(d) does not apply to any act carried out by a person in the course of the person’s training to become an allied health professional, if that training is done under the supervision of a registered allied health professional and in an establishment approved by the Council.
(3) It is a defence for a person charged with an offence under subsection (1)(c), (d) or (e) to prove that the person acted without the intention to deceive or to gain any advantage, benefit or financial gain for a business, trade, profession, vocation or employment carried on by the person.
(4) Subsection (3) does not apply to a person charged with an offence under subsection (1)(e) if the person so advertised or held himself or herself out in the prescribed circumstances.
False assumption of title by duly qualified allied health professional
Open ↗30.—(1) A duly qualified allied health professional shall be guilty of an offence if he or she —(a)
wilfully and falsely pretends to be a duly qualified allied health professional from any prescribed allied health profession other than the one for which he or she is registered and issued a practising certificate (called in this section the authorised profession);
(b)
practises any prescribed allied health profession or a branch thereof under the style or title of an allied health professional from a prescribed allied health profession other than the authorised profession, or under any name, title, addition or description implying that he or she holds any diploma, degree or qualification in a prescribed allied health profession or a branch thereof other than the authorised profession;
(c)
takes or uses any name or title set out in the second column of the Second Schedule relating to a prescribed allied health profession other than the authorised profession, or any other word in any language having the same meaning or being to the like intent;
(d)
takes or uses any name, title, sign, uniform, badge, or any other addition or description implying, whether in itself or in the circumstances in which it is used, that he or she is qualified to practise a prescribed allied health profession or a branch thereof other than the authorised profession; or
(e)
advertises or holds himself or herself out as an allied health professional from any prescribed allied health profession other than the authorised profession.
(2) Subsection (1)(d) does not apply to any act carried out by a person in the course of the person’s training to become an allied health professional, if that training is done under the supervision of a registered allied health professional and in an establishment approved by the Council.
(3) It is a defence for a person charged with an offence under subsection (1)(c), (d) or (e) to prove that the person acted without the intention to deceive or to gain any advantage, benefit or financial gain for a business, trade, profession, vocation or employment carried on by the person.
(4) Subsection (3) does not apply to a person charged with an offence under subsection (1)(e) if the person so advertised or held himself or herself out in the prescribed circumstances.
Making representation of another
Open ↗31.—(1) A person shall be guilty of an offence if the person (A) makes, with regard to another person (B), any representation which if made by B with the requisite intent, would be an offence by B under section 29 or 30.
(2) It is a defence for a person (A) charged with an offence under subsection (1) to prove that A acted without the intention to deceive or to gain any advantage, benefit or financial gain for —(a)
a business, trade, profession, vocation or employment carried on by A or a person on whose behalf A committed the act; or
(b)
if A or the person on whose behalf the act is committed is established for a charitable purpose or for purposes which include a charitable purpose, any activity carried out or service provided by A or the person for that purpose.
(3) Where an offence is committed under section 29 or 30 by a person (A) acting as an employee, an agent or a partner of another person (B), B shall also be guilty of an offence.
(4) It is a defence for a person (B) charged with an offence under subsection (3) to prove that the firstmentioned offence was committed without B’s knowledge and that B has taken all reasonable precautions and exercised due diligence to prevent the commission of that offence by A.
Causing or permitting another to make representation of oneself
Open ↗32.—(1) A person shall be guilty of an offence if the person (A) causes or permits another person (B) to make any representation about A which, if made by A with the requisite intent, would be an offence under section 29 or 30.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that the person acted without the intention to deceive or to gain any advantage, benefit or financial gain for a business, trade, profession, vocation or employment carried on by the person.
(3) Subsection (2) does not apply to a person charged with an offence under subsection (1) with respect to a representation referred to in section 29(1)(e) or 30(1)(e) if the representation is made in the prescribed circumstances.
Liability of registered allied health professional for enabling another to act in contravention of section 29 or 30
Open ↗33.—(1) A registered allied health professional who, by his or her presence, countenance, advice, assistance or cooperation, has knowingly enabled a person, whether described as an assistant or otherwise, to assume a title in contravention of section 29 or 30 shall be guilty of an offence.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that —(a)
the commission of the offence was due to a mistake on the person’s part or to reliance on information supplied to the person or to the act of another person or some other cause beyond the person’s control; and
(b)
the person took all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Suspended persons not to practise prescribed professions during period of suspension
Open ↗34.—(1) Any person whose registration as a registered allied health professional under this Act has been suspended under Part 5 must not practise in any prescribed allied health profession during the period of suspension.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
Fraudulent registration, etc.
Open ↗35.—(1) A person must not —(a)
procure or attempt to procure registration as a registered allied health professional under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise;
(b)
wilfully make or cause to be made any false entry in a register;
(c)
forge or alter a certificate of registration or a practising certificate;
(d)
fraudulently or dishonestly use as genuine a certificate of registration or a practising certificate which he or she knows or has reason to believe is forged or altered; or
(e)
buy, sell or fraudulently obtain a certificate of registration or a practising certificate.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
General penalty
Open ↗36. Any person who is guilty of an offence under this Part 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.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
