SUMMARY OF THE

TRADITIONAL AND COMPLEMENTARY

MEDICINE REGULATIONS 2015
(DRAFT)

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 1
 Traditional and Complementary Medicine (T&CM) Act 2013
[Act 756]

Date of Gazettement: 8 February 2013

Date of Enforcement: to be determined by Minister of Health

In exercise of the powers conferred by section 60 of the T&CM

Act 2013, the Minister makes the following regulations.

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 2
 Arrangement of regulations
PART
I Preliminary
II Registration of practitioners
III Traditional and Complementary Medicine
Registers
IV Disciplinary Proceedings
V Miscellaneous
5 Parts
27 Regulations

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 3
 Arrangement of regulations
PART I: Preliminary
1. Citation and commencement
2. Interpretation

Part I of the proposed regulations deal with preliminary matters.

Reg. 1 contains the citation and commencement of the proposed regulations.

Reg. 2 contains the definition of certain expression used in the proposed

regulations.

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 4
 PART II: Registration of practitioners
3. Forms
4. Prescribed Fees
5. Provisional registration
6. Exemption from provisional registration
7. Registered practitioner
8. Transitional arrangement
9. Temporary registration
10. Practising certificate
11. Exemption of payable fees
12. Display of practising certificate
13. Use of qualifications
This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 5
 Part II of the proposed regulations deal with the registration of
traditional and complementary medicine practitioner and its procedure.

Reg. 3 mentions the forms used in these regulations are as specified in the
First Schedule.

Reg. 4 mentions the fees payable under these regulations are as specified in
the Second Schedule.

Reg. 5 provides the manner of application of provisional registration under

section 22 of the Act.
… “The applicant shall provide the following documents upon submission of Form A:
- a certified true copy of his identity card;
- a certified true copy of the original degree, diploma or certificate or if such degree, diploma or
certificate is not available, an official transcript of such degree, diploma or certificate or such
other proof of qualification or evidence of practice as may be considered by the Council to be
satisfactory; and
- any other information, statement or document as required by the Council.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 6
 Reg. 6 sets out the condition and information to be submitted to the Council
for application of exemption from provisional registration.
… “The applicant shall provide the following documents:
- a certified true copy of his identity card; and
- a certified true copy of the original degree, diploma or certificate or if such degree, diploma or
certificate is not available, an official transcript of such degree, diploma or certificate or such
other proof of qualification or evidence of practice as may be considered by the Council to be
satisfactory; or
- any certified documents or proof that to the satisfaction of the Council that the applicant has
substantial experience, knowledge and skills in the recognized practice area; and
- any other information, statement or document as required by the Council.”

Reg. 7 provides the manner of application as a registered practitioner under

section 23 of the Act.
… “A person shall be entitled to be a registered practitioner, if he
- has successfully completed the period of residency under section 22 of the Act; or
- was exempted from provisional registration under subsection 22(10) of the Act.

Any person who is entitled and wishes to be so registered, in that recognized practice area, shall
apply to be registered with the Council and pay the prescribed fee.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 7
 Reg. 8 sets out the condition and information to be submitted to the Council
for practitioners fall under the transitional provision of the Act.
… “Any person who is exempted from provisional registration under subsection 63(3) of the Act
shall apply to be a registered practitioner with the Council, if he wishes to practice in a
recognized practice area.

The applicant shall provide the following documents to the Council upon such application:
- certified proof of qualifications or appropriate institutional training in the recognized practice
area, that the Council considers adequate; or
- certified documents or evidence of practice in the recognized practice area, that the Council
considers adequate.

The Council may require an applicant under this regulation to undergo any courses in a
recognized practice area as deemed fit by the Council for the purpose of registration under this
regulation.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 8
 Reg. 9 provides the manner of application of temporary practising certificate
by any person who is a registered practitioner outside Malaysia.
... “The temporary practising certificate issued under subsection 24(2) of the Act shall be valid for
a period of not more than six months from the date of the issuance unless specified otherwise in
the certificate.”

Reg. 10 provides the manner of application of practising certificate.

... “If the applicant fails to apply for renewal of his annual practising certificate not less than
thirty days before the date of expiry of the certificate, he shall in addition to the fee payable for
renewal of his annual practising certificate, pay the prescribed late fee.”

Reg. 11 allows the exemption of payable fees by a practitioner who is a public

officer.

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 9
 Reg. 12 sets out the manner of displaying practising certificate.
... “A registered practitioner or a temporarily registered practitioner shall at all times
conspicuously display in the consultation room
- his valid and subsisting practising certificate or temporary practising certificate at his principal
place of practice as a practitioner; and
- a certified true copy of such certificate at all his other places of practice as a practitioner.”

Any registered practitioner or temporarily registered practitioner who contravenes the above
subregulation commits an offence and shall, on conviction be liable to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding three months or to both.”

Reg. 13 specifies the use of qualifications by a registered practitioner.

... “No registered practitioner shall use, exhibit or publish in any card, letter, stationery,
nameplate, signboard, placard, circular or handbill, or display any notice at a premise used by
him for his practice of traditional and complementary medicine, any qualification other than the
qualification entered under his name in a Register or which has been approved by the Council for
his use.

Any registered practitioner who contravenes the above subregulation commits an offence and
shall, on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for
a term not exceeding three months or to both.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 10
 PART III: Traditional and Complementary Medicine
Registers
14. Traditional and Complementary Medicine Registers
15. Amendment to Registers
16. Request for inspection of and make a copy of an extract
of any register
17. Restoration of name in register

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 11
 Part III of the proposed regulations prescribe the maintenance of
Registers by the Registrar and its relevant procedures.

Reg. 14 specifies the Registers and information to be maintained by the

Registrar.

Reg. 15 provides for the procedure of application to amend or update

particulars in Registers of a registered practitioner.

Reg. 16 provides for the procedure of request for inspection of and make a
copy of an extract of any register.
... “Any person may request to inspect and make a copy of an extract of any entry from any
register by submitting an advanced notice of fourteen days in writing to the Registrar together
with the prescribed fee.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 12
 Reg. 17 provides for the procedure for restoration of name in register.
... “Any registered practitioner whose name has been struck off from the register under
paragraph 37(1)(e) of the Act may apply to the Council in Form F for an order that his name be
restored to the register and pay the prescribed fee.

Any registered practitioner whose name has been suspended from the register under paragraph
37(1)(d) of the Act may apply to the Council in Form G for the certificate of registration (if the
period for which the certificate is issued is still unexpired) to be returned to him and pay the
prescribed fee.

The Council may require the applicant to undergo an assessment before issuing an order that the
name of such applicant be restored to the register.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 13
 PART IV: Disciplinary Proceedings
18. Investigation Committees
19. Complaint against registered practitioners
20. Summary dismissal or investigation
21. Disciplinary authority
22. Procedure for inquiry
23. Records of inquiry to be transmitted to the Council
24. Inquiry by the Council
25. Appointment of Legal Adviser
26. Members who are disqualified from any meeting inquiring
into any disciplinary matter

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 14
This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 15
 Part IV of the proposed regulations prescribe the mechanism on
disciplinary proceedings, including the establishment of committee to
inquire into complaints or information received against a registered
practitioner.

Reg. 18 provides for the establishment of the Investigation Committee and

matters connected therewith, such as appointment of members of the
Committee and its quorum.
... “Established to make an investigation into complaints or information touching any disciplinary
matter that may be inquired into by the Council and to determine whether or not there shall be
an inquiry by the Council.

The Committee shall consist of seven registered practitioners who represent the recognised
practice area and the quorum for all meetings shall be five.

The members of the Committee shall be appointed by the Minister on the recommendation of the
Council. A member of the Committee shall hold office for a term not exceeding three years and is
eligible for reappointment.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 16
 Reg. 19 provides for the procedure of receipt of complaints or information
touching any disciplinary matter.
... “A complaint made against or information received on any registered practitioner shall be
forwarded by the Council to the Committee for investigation and shall state
- the name of the complainant;
- the contact details of the complainant; and
- the details of the complaint or information.”

Reg. 20 sets out the conditions for the Committee to (i) summarily dismiss or
(ii) order disciplinary authority to investigate any complaint or information
received.
... “The Committee may summarily dismiss any complaint or information if it is satisfied that
- the complaint or information received does not fulfil the requirements under subregulation 19;
- even if the facts alleged were true, the facts do not constitute a disciplinary matter; or
- for reasons which must be recorded, there is reason to doubt the truth of the complaint or
information.

Where the Committee has reason to believe that the complaint or information is probably true
and it is satisfied that the complaint or information fulfils the requirement under subregulation
19, it shall determine that there shall be an inquiry by the Council on the complaint or
information.”

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 17
 Reg. 21 provides for the establishment of disciplinary authority and matters
connected therewith, such as appointment of members of disciplinary
authority and its quorum.
... “The Council shall establish a disciplinary authority from amongst registered practitioners to
inquire into complaints or information received against a registered practitioner.

A disciplinary authority shall consist of five members and quorum for all meetings shall be three.”

Reg. 22 specifies the procedure for inquiry by disciplinary authority into

complaints or information touching any disciplinary matter as required by the
Committee.
Refer to Appendix 1.

Reg. 23 requires disciplinary authority to submit the inquiry records to the

Council upon completion of such inquiry.

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 18
 Reg. 24 provides the mechanism if there shall be an inquiry by the Council
upon considering the inquiry records and recommendation made by the
disciplinary authority.
Refer to Appendix 2.

Reg. 25 provides for the appointment of legal adviser to assist during any
inquiry regarding any disciplinary matter.

Reg. 26 sets out the conditions for members who are disqualified from any
meeting inquiring into any disciplinary matter.
... “No member of the Council, the Committee or disciplinary authority shall attend or participate
in any meeting of the Council, the Committee or disciplinary authority inquiring or investigating
into any disciplinary matter if
- he was the complainant;
- he is personally acquainted with any relevant fact;
- he has appeared before the disciplinary authority for the purpose of making any statement; or
- he was a member of the Committee or disciplinary authority making investigation or inquiry
into the complaint or information;
- the complainant or the person appearing before the disciplinary authority for the purpose of
making any statement or the registered practitioner is his partner or relative.”
This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 19
 PART V: Miscellaneous
27. Disclosure of interest
Part V of the proposed regulations deal with other matters as are
necessary for giving full effects to the provisions of these regulations.

Reg. 27 requires a member of the Council or a member of any committee

established by the Council or under this Act to disclose to the Council of his
interest in any matter discussed by the Council.

SCHEDULES
First Schedule Forms
Second Schedule Table of Fees

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 20
 First Schedule: Forms

Forms
Form A Application for provisional registration
Form B Provisional registration certificate
Form C Certificate of exemption from provisional registration
Form D Application for annual practising certificate
Form E Application for renewal of annual practising certificate
Form F Application for restoration of name in registers
(after being struck off)
Form G Application for restoration of name in registers
(after being suspended)

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 21
 Second Schedule: Table of Fees

Description Fee (Ringgit Malaysia)

Registered practitioner 100
Practising certificate
- New application / Renewal 100
- Late fee 50
Copy of register
- in the form of printed hard copy 10 per page
- on a data processing device 10 per page
- by way of electronic transmission 10 per page
Restoration of name in Registers
- Struck off 100
- Suspended 50

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 22
 All feedback must be submitted to the
Traditional and Complementary Medicine Division through
formal written letter / fax / e-mail before 31 JULY 2015

Traditional and Complementary Medicine Division

Ministry of Health Malaysia
Blok E, Jalan Cenderasari,
50590 Kuala Lumpur.
Tel: 03-2698 5077 / 2279 8100
Fax: 03-2691 1259 / 2697 1500
Email: tcm@moh.gov.my

This document is a draft circulated for comment. It is therefore subject to change and shall not be quoted. 23