Traditional Chinese Medicine Practitioners (Registration of Traditional Chinese Medicine Physicians) Regulations 2002

No. S 40

Traditional Chinese Medicine Practitioners Act

(Chapter 333A)

Traditional Chinese Medicine Practitioners (Registration of Traditional Chinese Medicine Physicians) Regulations 2002

In exercise of the powers conferred by sections 14 (4) and 38 of the Traditional Chinese Medicine Practitioners Act, the Minister for Health hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Traditional Chinese Medicine Practitioners (Registration of Traditional Chinese Medicine Physicians) Regulations 2002 and shall come into operation on 28th January 2002.

Definitions

2. In these Regulations, unless the context otherwise requires —

“approved foreign qualification in traditional Chinese medicine” means a degree, diploma or certificate in traditional Chinese medicine obtained from a foreign traditional Chinese medicine training institution specified in Part II of the Second Schedule or such other degree, diploma or certificate from a foreign traditional Chinese medicine training institution as may be acceptable to the Board for the purposes of regulation 6(1)(a)(i)(B) and (b)(iii)(A);

“approved local qualification in traditional Chinese medicine” means a degree, diploma or certificate in traditional Chinese medicine obtained from a local traditional Chinese medicine training institution specified in Part I of the Second Schedule or such other training institution as may be acceptable to the Board;

“Category A local diploma” means a diploma in traditional Chinese medicine obtained upon successfully completing a part-time course of not less than 5 years’ duration conducted by a local traditional Chinese medicine training institute approved by the Board;

“Category B local diploma” means a diploma or certificate in traditional Chinese medicine obtained upon successfully completing a part-time course of less than 5 years’ duration conducted by a local traditional Chinese medicine training institute approved by the Board;

“conditional registration” means a registration subject to such conditions as the Board thinks fit;

“Examinations Committee” means an Examinations Committee referred to in section 27 of the Act;

“traditional Chinese general medicine” means —

(a)	acupuncture;
(b)	the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease or the prescription of any herbal medicine; and
(c)	the regulation of the functional states of the human body,

on the basis of traditional Chinese medicine;

“traditional Chinese medicine physician” means a person who practises traditional Chinese general medicine.

Credentials Committee

3.—(1) The Board may appoint a committee to be known as the Credentials Committee to assist the Board in dealing with applications for registration as a traditional Chinese medicine physician.

(2) The Credentials Committee shall consist of not less than one member of the Board and such number of other persons as the Board may determine.

(3) The Board shall appoint a member of the Credentials Committee as the Chairman of the Committee.

(4) The term of office of the members and the quorum of the Credentials Committee shall be determined by the Board.

(5) The Board may refer to the Credentials Committee any application for registration and the Committee shall consider such application and recommend to the Board whether —

(a)	the applicant should be granted full, conditional or provisional registration, as the case may be;
(b)	the application should be refused; or
(c)	the applicant should be required to sit for and pass a qualifying examination before being granted any type of registration.

(6) For the purpose of making a recommendation under paragraph (5), the Credentials Committee may —

(a)	interview the applicant;
(b)	make inquiries relating to the applicant’s qualifications and practical experience as the Committee thinks necessary; and
(c)	take such other action as the Committee considers necessary.

(7) Upon considering the recommendation of the Credentials Committee, the Board may —

(a)	accept the recommendation of the Committee; or
(b)	refer the matter back to the Committee for further consideration.

Application for registration

4.—(1) An application for registration as a traditional Chinese medicine physician under section 14 of the Act shall be made in such form as the Board may provide.

(2) The application form shall be submitted by the applicant to the Registrar and shall be accompanied by the following:

(a)	a certified true copy of the relevant degree, diploma or certificate;
(b)	where applicable, details in writing of the applicant’s practical experience in traditional Chinese general medicine, including details of the nature, duration and extent of the experience in such form as the Board may require;
(c)	where the applicant is required to sit for a qualifying examination, a certified true copy of the certificate issued by the Examinations Committee certifying that the applicant has passed such examination;
(d)	where the applicant is registered to carry out traditional Chinese general medicine in a foreign country, a certified true copy of the certificate of registration of the applicant in that foreign country;
(e)	where applicable, a certificate of good standing from the registration body of a country where the applicant has been registered stating that on the date of issue the applicant is registered as a traditional Chinese medicine practitioner in that country and that no proceedings have been taken or are pending against him;
(f)	2 recent passport size photographs of the applicant;
(g)	the appropriate fee specified in the First Schedule; and
(h)	such other documents (including any statutory declaration) and information as the Board may require.

(3) Any document referred to in paragraph (2) which is not in English or Chinese shall be accompanied by a certified translation thereof in English or Chinese.

(4) The Registrar may require the applicant to produce such proof of identity as he thinks fit.

Fee payable for registration

5. The fee for an application for registration as a traditional Chinese medicine physician shall be as specified in the First Schedule.

Full registration as traditional Chinese medicine physician

6.—(1) The following persons may be granted full registration as a traditional Chinese medicine physician:

(a)

a person who —

(i)

has obtained —

(A)	an approved local qualification in traditional Chinese medicine; or
(B)	an approved foreign qualification in traditional Chinese medicine, and such practical experience in such organisation or institution as may be acceptable to the Board;

(ii)

passes such qualifying examination as the Board may require; and

(iii)

is, in the opinion of the Board, a fit and proper person to be granted full registration as a traditional Chinese medicine physician;

(b)

a person who —

(i)

is a citizen or permanent resident of Singapore;

(ii)

submits his application for registration on or before 28th March 2002;

(iii)

subject to paragraph (2) —

(A)	has obtained an approved foreign qualification in traditional Chinese medicine;
(B)	has practised traditional Chinese general medicine in Singapore continuously since 8th December 1991, and has during that period of practice held a Category A local diploma; or
(C)	has practised traditional Chinese general medicine in Singapore continuously since 8th December 1986; and

(iv)

is, in the opinion of the Board, a fit and proper person to be granted full registration as a traditional Chinese medicine physician;

(c)

a person who —

(i)

is a citizen or permanent resident of Singapore;

(ii)

submits his application for registration on or before 28th March 2002;

(iii)

subject to paragraph (2) —

(A)	has practised traditional Chinese general medicine in Singapore continuously for such period of time as may be acceptable to the Board, and has during that period of practice held such foreign qualification in traditional Chinese medicine as the Board may allow other than an approved foreign qualification in traditional Chinese medicine;
(B)	has practised traditional Chinese general medicine in Singapore continuously since a date between 8th December 1991 and 9th December 1996, and has during that period of practice held a Category B local diploma;
(C)	has practised traditional Chinese general medicine in Singapore continuously since a date on or after 9th December 1996, and has during that period of practice held a Category A local diploma; or
(D)	has practised traditional Chinese general medicine in Singapore continuously since 8th December 1991;

(iv)

subject to paragraph (3), passes such qualifying examination as the Board may require; and

(v)

is, in the opinion of the Board, a fit and proper person to be granted full registration as a traditional Chinese medicine physician;

(d)

a person who —

(i)

is a citizen or permanent resident of Singapore;

(ii)

submits his application for registration on or before 28th March 2002;

(iii)

subject to paragraph (2) —

(A)	has practised traditional Chinese general medicine in Singapore continuously since a date on or after 9th December 1996, and has during that period of practice held a Category B local diploma; or
(B)	has practised traditional Chinese general medicine in Singapore continuously since a date on or after 9th December 1991;

(iv)

passes such qualifying examination as the Board may require; and

(v)

is, in the opinion of the Board, a fit and proper person to be granted full registration as a traditional Chinese medicine physician; or

(e)

a person who is allowed by the Board to apply for full registration under regulation 8(5).

(2) The Board may, in any particular case, waive the requirements of paragraph (1)(b)(iii), (c)(iii) and (d)(iii) to such extent as it thinks fit in all the circumstances of the case.

(3) A person referred to in paragraph (1)(c) shall not be required to pass a qualifying examination referred to in paragraph (1)(c)(iv) if upon an evaluation by the Board, the Board is of the view that it is unnecessary for him to do so.

(4) A person who wishes to be evaluated by the Board under paragraph (3) shall pay to the Board the fee specified in the First Schedule.

Conditional registration

7.—(1) A person may be granted conditional registration if he —

(a)	holds such academic qualification as the Board may determine;
(b)	has been selected for employment in Singapore as a traditional Chinese medicine physician in respect of traditional Chinese general medicine in an organisation or institution acceptable to the Board;
(c)	satisfies the Board that he has the knowledge and skill and has acquired the experience which is necessary for practice as a traditional Chinese medicine physician in respect of traditional Chinese general medicine; and
(d)	is, in the opinion of the Board, a fit and proper person to be granted conditional registration as a traditional Chinese medicine physician.

(2) A conditional registration may be granted for a period not exceeding 3 years.

(3) A person who has been granted conditional registration may apply for renewal of such conditional registration not less than one month before the expiry of the conditional registration.

(4) A person who has been granted conditional registration under this regulation may apply for full registration upon qualifying for such registration under regulation 6(1)(a).

Provisional registration

8.—(1) A person may be granted provisional registration if he —

(a)

is a citizen or permanent resident of Singapore;

(b)

submits his application for registration on or before 28th March 2002;

(c)

subject to paragraph (2) —

(i)	has practised traditional Chinese general medicine in Singapore continuously since a date between 8th December 1986 and 9th December 1991, and has during that period of practice held a Category B local diploma; or
(ii)	has practised traditional Chinese general medicine in Singapore continuously since a date between 8th December 1991 and 9th December 1996, and has during that period of practice held a Category A local diploma; and

(d)

is, in the opinion of the Board, a fit and proper person to be granted provisional registration as a traditional Chinese medicine physician.

(2) The Board may, in any particular case, waive the requirements of paragraph (1)(c) to such extent as it thinks fit in all the circumstances of the case.

(3) A provisional registration may be granted for a period not exceeding 3 years.

(4) The Board may, during the period of the provisional registration, require the registered person to undergo observation, complete such training or fulfill such other condition as the Board thinks fit.

(5) Where the Board is satisfied with the performance of the registered person during the period of observation and upon proof that the registered person has completed such training or fulfilled such other condition required by the Board, the Board may allow the registered person to apply for full registration.

Courses for qualifying examination

9. Unless the Board otherwise allows, no person shall be entitled to sit for a qualifying examination referred to in regulation 6 unless he has satisfactorily completed such course of training in traditional Chinese medicine as the Board may accredit for the purpose of that examination.

Application to sit for qualifying examination

10.—(1) A person who wishes to sit for a qualifying examination shall make an application to the Examinations Committee in such form as the Board may provide, accompanied by payment of the fee specified in the First Schedule.

(2) The application referred to in paragraph (1) shall be accompanied by a certificate or such other document as the Board may require certifying that the applicant has satisfactorily completed a course of training referred to in regulation 9.

Results of qualifying examination and number of attempts

11.—(1) The Examinations Committee shall notify in writing each person who sits for a qualifying examination as to whether he passed or failed that examination.

(2) A person who is unsuccessful in his first attempt at a qualifying examination may make such further number of attempts to pass the qualifying examination as the Board may allow.

Duplicate of certificate of registration

12.—(1) Where a certificate of registration granted by the Board under section 16 of the Act has been lost, destroyed or defaced or become obliterated so that any particulars in such certificate are illegible, the holder thereof shall forthwith notify the Registrar.

(2) 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 certificate of registration has been lost, destroyed or defaced or become obliterated, issue a duplicate of such certificate to the holder of the original thereof.

(3) A duplicate of a certificate of registration shall have the same effect as the original.

(4) In the case of a certificate of registration which has been defaced or become obliterated, no duplicate of such certificate shall be issued unless the original certificate is returned to the Registrar.

(5) In the case of a certificate of registration 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.

(6) Where any original certificate of registration 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.

(7) 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.

Transitional provision

13.—(1) Any person who immediately before 8th December 2001 was practising any specified traditional Chinese medicine activity in Singapore shall be deemed to be a qualified person for purposes of section 24 of the Act in respect of that specified traditional Chinese medicine activity from 28th January 2002 until such time as he is registered as a traditional Chinese medicine physician under these Regulations or until 31st December 2003, whichever is the earlier.

(2) In this regulation, “specified traditional Chinese medicine activity” means —

(a)	the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease or the prescription of any herbal medicine; and
(b)	the regulation of the functional states of the human body,

on the basis of traditional Chinese medicine.

Made this 15th day of January 2002.

MOSES LEE

Permanent Secretary,
Ministry of Health,
Singapore.

[[MH 78:50/1; AG/LEG/SL/333B/2001/1 Vol.1].]

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