Allied Health Professions Act 2014

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202014/Allied-Health-Professions-Act-2014-Eng.pdf

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rangement of Provisions

PART I
PRELIMINARY

1. Short title and commencement
2. Interpretation

PART II
ALLIED HEALTH
PROFESSION COUNCIL

3. Establishment of the Council
4. Members of the Council
5. Duties and powers of the
Council
6. Secretary of the Council
7. Meetings of the Council
8. Resolution of the Council
9. Removal, vacation and
allowances

PART III
REGISTRATION OF ALLIED
HEALTH PROFESSIONALS

Division 1 - General

10. Prohibition
11. Authorisation under this Part

Division 2 - Full Registration

12. Power to grant registration
13. Qualifications
14. Who may and how to apply
15. Processing of applications
16. Consideration of applications
17. Recording of registration
18. Certificate of registration
19. Annual practising certificates

Division 3 - Provisional
Registration

20. Application of this Division
21. Power to grant provisional
registration
22. Qualifications
23. Who may and how to apply
24. Processing of applications
25. Practising certificates

Division 4 - Temporary
Registration

26. Application of this Division
27. Power to grant temporary
registration
28. Qualifications
29. Who may and how to apply
30. Processing of applications
31. Practising certificates


2 Allied Health Professions 2014, No. 24
Division 5 - Review of Decisions

32. Review of decisions

PART IV
OFFENCES

33. Re-registration
34. Wrongfully purporting to be a
registrant
35. Wrongfully procuring
registration


PART V
MISCELLANEOUS

36. Exemption of liability
37. Service of documents
38. Regulations
39. Schedule
40. Fees and forms
41. Healthcare Professions
Registration and Standards
Act 2007 amended

Schedule

__________

2014, No.24

AN ACT to establish the Allied Health Profession Council, to
provide for its functions, duties and powers and to
provide for the registration of allied health professionals,
and for related purposes. [28th
October 2014]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited
as the Allied Health Professions Act 2014.
(2) This Act commences on the date of assent by the Head of
State.

2. Interpretation - In this Act, unless the context otherwise
requires:
“allied health profession” means an allied health profession
listed in the Schedule;
“allied health professional” means a person registered as such
in any allied health profession;


2014, No. 24 Allied Health Professions 3

“appointed member” means a person appointed under section
4(1)(b) to (g) as a member of the Council;
“approved form” means a form approved under section 40(3);
“Council” means the Allied Health Profession Council
established by section 3;
“Director-General of Health” means the Chief Executive
Officer of the Ministry;
“fee” means a fee approved under section 40(1);
“member” means a member of the Council specified under
section 4;
“Minister” means the Minister responsible for Health;
“Ministry” means the Ministry of Health;
“practice”, in relation to a registrant, means the practice in
relation to the allied health profession for which the
registrant is registered under Part III;
“register” means the register of allied health professionals
kept by the Registrar under the Healthcare Professions
Registration and Standards Act 2007;
“registrant” means a person who is authorised as such under
Part III;
“Registrar” means the Registrar appointed under the
Healthcare Professions Registration and Standards Act
2007;
“Secretary” means the member of the Council appointed
under section 6 as Secretary of the Council;
“temporary registration” means a temporary registration
issued under Division 4 of Part III.

PART II
ALLIED HEALTH PROFESSION COUNCIL

3. Establishment of the Council - The Allied Health
Profession Council is established, as a body corporate with
perpetual succession, and may:
(a) enter into contracts;
(b) hold property;
(c) sue and be sued in the name of the Council; and
(d) do any other thing a body corporate may do in law.


4 Allied Health Professions 2014, No. 24

4. Members of the Council-(1) The Council consists of the
following members:
(a) the Director-General of Health;
(b) two (2) members to represent the community;
(c) a member to represent the Clinical Treatment
Services;
(d) a member to represent the Complementary and
Alternative Health Therapies;
(e) a member to represent the Population Health Services;
(f) a member to represent the Mental Health and
Wellbeing;
(g) a member to represent the Applied Health Science
Services;
(h) a member to represent traditional health practices.
(2) The Minister may appoint the members under subsection
(1)(b) to (h) for three (3) years, and the appointed members are
eligible for re-appointment, subject to subsection (5).
(3) The Council:
(a) must elect an appointed member who is an
allied health professional, as Chairperson of the
Council; and
(b) may re-elect pursuant to paragraph (a) another
Chairperson after the expiration of 12 months if it
is not satisfied with the performance of the current
Chairperson.
(4) The Council may co-opt a person to attend the meeting of
the Council to advise the Council on a matter but the person has
no right to vote on a matter before the Council.
(5) When re-appointing a member of a service under
subsection (1)(c) to (h), the Minister must ensure that the
appointed member is rotated amongst the groups of the allied
health professions within that service.
(6) A reference to a service under subsection (1)(c) to (h) is a
reference to the service (by whatever name it is called)
substantially carrying out the functions of that service.


2014, No. 24 Allied Health Professions 5

5. Duties and powers of the Council-(1) The Council has
the following duties:
(a) to administer the procedures applying to the
registration and discipline of allied health
professionals, as provided for by this Act and the
Healthcare Professions Registration and Standards
Act 2007;
(b) to review the qualification requirements and
professional standards for each of the allied health
professions taking into account changes in the
health and education sectors;
(c) to maintain a registration system for allied health
professions under this Act;
(d) to assist the Registrar to effectively monitor and
enforce the approved professional standards and
notify the Registrar of suspected breaches for
investigations to be undertaken;
(e) to monitor continuing education and professional
development and training;
(f) to assist in the resolution of professional disputes
which may arise between or amongst allied health
professionals;
(g) to carry out other duties under this Act or any other
Act.
(2) When carrying out its duties, the Council has the
following powers:
(a) to regulate the allied health professions and allied
health professionals under this Act;
(b) to approve qualification requirements for each allied
health profession;
(c) to take disciplinary action against a registrant pursuant
to the Healthcare Professions Registration and
Standards Act 2007;
(d) to carry out other powers under this Act or any other
Act.

6. Secretary of the Council-(1) The Council must appoint
one of its members as Secretary of the Council.


6 Allied Health Professions 2014, No. 24

(2) The Secretary may liaise with the Registrar to ensure the
effective implementation of this Act and the Healthcare
Professions Registration and Standards Act 2007.
(3) The Secretary must not give a written notice or direction
to the Registrar relating to the registration or discipline of an
allied health profession, or the determination of professional
standards applying to allied health professionals unless:
(a) the Secretary is authorised in writing by the Council;
and
(b) the notice or direction complies with this Act and the
Healthcare Professions Registration and Standards
Act 2007.
7. Meetings of the Council-(1) The Chairperson or the
Registrar: (a) may request the Secretary to convene a meeting of the
Council; and (b) must ensure that the Council meets at least once a
calendar year. (2) The Secretary must convene a meeting of the Council if
requested in writing to do so by at least three (3) members of the
Council.
(3) The Council may, in writing, request the Registrar to
assist the Council convene its meetings.
(4) The following procedures apply at a meeting of the
Council: (a) the Chairperson or (if absent) an appointed member
who is an allied health professional elected by the members present, presides;
(b) six (6) members constitute a quorum; (c) the chair has a deliberative vote and a casting vote; (d) a question is to be determined by a majority of votes
of the members present; (e) a question relating to an allied health profession which
is not represented on the Council must not be determined unless a representative of the profession is present or the Council has consulted the allied health profession.
(5) The Council may regulate its own procedures, subject to
this Act.


2014, No. 24 Allied Health Professions 7

8. Resolution of the Council-(1) The Council may determine
a matter by resolution under this section or procedures made
under section 7(5).
(2) The Secretary must send a copy of the draft resolution to
all members.
(3) A resolution must be approved by majority of members of
the Council indicating their approval in writing or in any other
means of electronic communication.
(4) As an exception to subsection (3), the following decisions
must be made by resolutions supported by at least two-thirds of
all the members:
(a) a decision to remove a member under section 9;
(b) a decision relating to disciplinary matter of a
registrant; and (c) any other prescribed decision.
(5) A resolution that does not comply with this section is
void.

9. Removal, vacation and allowances-(1) The Council may
remove an appointed member of the Council on one (1) or more
of the following grounds:
(a) inability to perform his or her functions, duties and
powers under this Act due to physical or mental
incapacity;
(b) bankruptcy;
(c) neglect of duty;
(d) misconduct in office;
(e) misconduct elsewhere affecting or likely to affect the
operations or reputation of the Council;
(f) failure to disclose and take any reasonable steps to
avoid any real or apparent conflict of interest in
relation to his or her membership of the Council;
(g) using information belonging to or under the
possession or control of the Council other than for
the Council’s functions;
(h) failure to act with integrity as a member of the
Council;


8 Allied Health Professions 2014, No. 24

(i) misuse by the member of his or her status or authority
as a member of the Council to seek or obtain a
benefit for him or her or any other person;
(j) absence from Samoa for a period exceeding six (6)
months without the approval of the Council;
(k) failure to attend three (3) consecutive meetings of the
Council without the approval of the Council;
(l) conviction in Samoa or another country of a criminal
offence;
(m) any other prescribed ground.
(2) The office of an appointed member is vacated if the
member:
(a) is removed under subsection (1); or
(b) resigns in writing addressed to the Secretary; or
(c) dies.
(3) An appointed member is entitled to remuneration or
allowances approved by Cabinet to be paid from the funds of the
Ministry.
(4) Subsection (3) does not apply to any of the following
appointed member:
(a) a public servant employed or engaged under the Public
Service Act 2004 or taken to a public servant
under an enactment; or
(b) an employee of a body listed under the Public Finance
Management Act 2001 or the Public Bodies
(Performance and Accountability) Act 2001;
(c) any employee of any Government or State office
established by law.

PART III
REGISTRATION OF ALLIED
HEALTH PROFESSIONALS
Division 1 - General
10. Prohibition-(1) A person must not practise as an allied
health professional or undertake the business of an allied health
profession, unless the person is authorised under this Part.


2014, No. 24 Allied Health Professions 9

(2) A person who contravenes subsection (1) commits an
offence and is liable on conviction to a fine not exceeding 100
penalty units or to imprisonment for a term not exceeding
two (2) years, or both.

11. Authorisation under this Part - A person is authorised
under this Part if the person is a registrant under Division 2, 3
or 4.

Division 2 - Full Registration

12. Power to grant registration-(1) The Council may grant
or refuse to grant the registration of a person under this Division,
subject to conditions it may impose or to prescribed conditions
and to payment of approved fee for registration.
(2) A registration under this Division authorises the registrant
to undertake the practice of allied health profession specified in
the registration.

13. Qualifications-(1) A person is qualified for registration
under this Division if the person:
(a) holds a formal academic qualification or has
experience, training or skills approved by the
Council; and
(b) is of good character and reputation; and
(c) has any other prescribed qualification, experience,
training or skills.
(2) As an exception to subsection (1), the Council may:
(a) dispense with the requirements under subsection (1) if
formal qualification is not required for
undertaking the practice of allied health
profession; and
(b) if dispensation is granted, require the applicant to
operate under a standard or guideline relating to
the allied health profession approved by the
Council or prescribed by regulations.


10 Allied Health Professions 2014, No. 24

14. Who may and how to apply-(1) A person qualified
under section 13 may apply for registration to the Council, in the
approved form.
(2) The approved form must include the following:
(a) requirements under section 13(1) in respect of any or
all the allied health professions applied for;
(b) the records, including the courses, of formal academic
qualifications;
(c) records of experience, training or skills, including
continuing education;
(d) evidence of registration in another country as an allied
health professional;
(e) evidence of any disciplinary action in Samoa or
elsewhere against the applicant as an allied health
professional or any other health profession;
(f) any other prescribed matter.
(3) The applicant must provide the following evidence of
qualification, skills, training and experience:
(a) the original or a certified copy of academic
qualification;
(b) certified copy of academic records;
(c) certified copy of documents on experience, skill or
training;
(d) reference from at least two (2) persons on the
experience, skills and conduct of the applicant;
(e) any other prescribed document.
(4) The Council may require the applicant to provide
additional information to support the application.
(5) The applicant must ensure that the requirements
for registration under this Division are provided with the
application.
(6) A registrant who becomes qualified in another allied
health profession must apply in the approved form (accompanied
by a certified copy of the qualification) to the Council to amend
his or her registration and practising certificate to include the new
qualification.


2014, No. 24 Allied Health Professions 11

15. Processing of applications-(1) The applicant must lodge
the application with the Registrar.
(2) When an application is lodged, the Registrar must
examine the application to ensure that it contains all the
requirements for registration.
(3) If the application does not comply with any requirement
for registration, the Registrar must request the applicant to
comply with the requirement.
(4) When the Registrar is satisfied that the requirements for
registration are met, the Registrar must inform the Secretary to
convene a meeting of the Council.

16. Consideration of applications-(1) When considering an
application, the Council may:
(a) defer the decision on or refuse the application if the
application does not contain all information
required for registration; or
(b) require the applicant to personally appear before it to
verify information on the application; or
(c) require another person to verify, in any manner it
thinks fit, any information on the application; or
(d) require the applicant or any other person to verify
information on the application on oath or in any
other manner as it thinks fit; or
(e) require the applicant or any other person to provide
any additional information on the applicant or the
application.
(2) The chairperson of the Council may administer oath for
the purpose of this Part.
(3) If the Council refuses to grant the application, it must give
reasons for refusing the application.

17. Recording of registration-(1) When a decision to grant
or to refuse to grant the application is made by the Council, the
Secretary must send a copy of the decision to the Registrar.
(2) The Registrar must:
(a) inform the applicant about the decision; and
(b) for a decision to grant the application, record all the
information about the applicant in the register.


12 Allied Health Professions 2014, No. 24

18. Certificate of registration-(1) The Registrar must issue a
certificate of registration in the approved form, subject to
payment by the applicant of the registration certificate fee.
(2) A certificate of registration:
(a) must set out the allied health profession for which the
registrant is registered; and
(b) may include conditions approved by the Council or
prescribed conditions.
(3) A certificate is valid until it is revoked pursuant to the
Healthcare Professions Registration and Standards Act 2007.

19. Annual practising certificates-(1) The Registrar may,
issue an annual practising certificate to a registrant, on payment
of the annual practising certificate fee, subject to any conditions
required for the issuance of annual practising certificates.
(2) A registrant may apply in the approved form to the
Registrar, within three (3) months before 31 December each year,
to issue the annual practising certificate.
(3) If an application is made under subsection (2) but no
annual practising certificate is issued by 31 December, the
registrant is taken to be issued with the annual practising
certificate, subject to the requirements of fees and conditions in
subsection (1).
(4) An annual practising certificate:
(a) if the registrant is registered in more than one (1)
allied profession, must set out all the allied health
professions covered by the registration, including
any conditions;
(b) must set out the allied health profession for
which the registrant is registered, including any
conditions; and
(c) expires on 31 December each year.

Division 3 - Provisional Registration

20. Application of this Division - This Division applies to
persons undertaking internships after completing formal
academic qualifications or to other prescribed persons.


2014, No. 24 Allied Health Professions 13

21. Power to grant provisional registration-(1) The Council
may grant provisional registration, subject to conditions and
payment of approved fee.
(2) The provisional registration authorises the registrant to
undertake supervised work as an allied health professional during
the period of internship.

22. Qualifications-(1) A person is qualified under this
Division if the person has completed a formal academic
qualification relating to an allied health profession.
(2) Regulations under section 38 may prescribe any other
person, including the qualification, experience, training or skills,
who may qualify for registration under this Division.

23. Who may and how to apply-(1) A person qualified
under section 22 may apply to the Council in the approved form.
(2) The applicant must provide in the application the original
or a certified copy of his or her academic certificate.

24. Processing of applications - Sections 15 to 18 apply to
this Division, with necessary modifications.

25. Practising certificates-(1) When a provisional
registration has been issued to a person, the Council may issue a
practising certificate authorising the provisional registrant to
undertake any practical training in a hospital or other healthcare
service in Samoa.
(2) The practising certificate:
(a) expires on 31 December each year, subject to renewal;
and
(b) is to be issued subject to any condition the Council
may determine or as prescribed by regulations.
(3) The power to issue practising certificate under this section
includes the power to renew, suspend or cancel the certificate and
to vary, suspend, cancel or impose new conditions.


14 Allied Health Professions 2014, No. 24

Division 4 - Temporary Registration

26. Application of this Division - This Division applies to a
registrant who is required under an arrangement or agreement to
practise as an allied health professional for a period not
exceeding 24 months or other prescribed period, subject to
section 31.

27. Power to grant temporary registration - The Council
may grant a temporary registration, subject to any directions
given by the Council and the payment of approved fee.

28. Qualifications-(1) An applicant must qualify under
section 13 in order to be registered under this Division.
(2) An applicant must provide in the application a certified
copy of a valid registration or authority in his or her country of
practice.

29. Who may and how to apply-(1) A person qualified
under this Division may apply to the Council in the approved
form.
(2) The applicant must provide in the application the original
or a certified copy of his or her academic certificate.

30. Processing of applications - Sections 15 to 18 apply to
processing of applications under this Division.
31. Practising certificates-(1) When a temporary registration
has been issued to a person, the Council may issue a practising
certificate authorising the temporary registrant to undertake the
allied health profession authorised by the Council pursuant to any
agreement or arrangement mentioned in section 26 or as
prescribed by regulations.
(2) The practising certificate:
(a) expires on 31 December, subject to renewal; and
(b) is to be issued subject to any condition the Council
may determine or as prescribed by regulations.


2014, No. 24 Allied Health Professions 15

(3) The power to issue practising certificate under this section
includes the power to renew, suspend or cancel the certificate and
to vary, suspend, cancel or impose new conditions.

Division 5 - Review of Decisions

32. Review of decisions-(1) Section 20 of the Healthcare
Professions Registration and Standards Act 2007 applies to this
Part, with necessary modifications.
(2) References to “Council” and “health professional” in
section 20 of the Healthcare Professions Registration and
Standards Act 2007 are to be read as references to the “Council”
and “allied health professional” respectively under this Part.

PART IV
OFFENCES

33. Re-registration - If the registration of a registrant is
refused under this Act or revoked pursuant to the Healthcare
Professions Registration and Standards Act 2007, the Council
must not consider any application for re-registration of the person
for a period determined by the Council of at least two (2) years
from the date of refusal or revocation.

34. Wrongfully purporting to be a registrant-(1) A person
who is not a registrant commits an offence if the person describes
himself or herself as, or holds himself or herself out to be:
(a) a registrant; or
(b) a holder of a certificate issued under Part III.
(2) A person convicted of an offence under subsection (1)
is liable to a fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding two (2) years, or both.

35. Wrongfully procuring registration-(1) A person
commits an offence who:
(a) makes or causes to be made a false entry in the
Register; or


16 Allied Health Professions 2014, No. 24

(b) procures or attempts to procure registration under this
Act for that person or any other person by making
a false or fraudulent representation or declaration;
or
(c) provides a false information or forged document in
support of an application for registration under
this Act.
(2) A person convicted of an offence under subsection (1)
is liable to a fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding two (2) years, or both.

PART V
MISCELLANEOUS

36. Exemption of liability-(1) This section applies to the
following:
(a) the Ministry;
(b) the Council;
(c) the Registrar;
(d) the Secretary;
(e) any other person authorised to carry out any function,
duty or power under this Act.
(2) A person to whom this section applies is not liable for
carrying out or failing to carry out in good faith a function, duty or
power under this Act.

37. Service of documents - A document required to be
served on a registrant under this Act may be served as follows:
(a) personally on the registrant;
(b) by registered post addressed to the registrant’s last
address recorded in the register;
(c) in any other manner approved by resolution of the
Council.

38. Regulations - The Head of State may, acting on the
advice of Cabinet, make regulations to give effect to the
provisions or for the purposes of this Act, and in particular may
make the following regulations:


2014, No. 24 Allied Health Professions 17

(a) to prescribe other functions, duties and powers for
allied health professionals;
(b) to prescribe matters relating to the administration and
finance of the Council;
(c) to prescribe fines not exceeding 50 penalty units or
imprisonment not exceeding 12 months, or both
for the breach of any regulation;
(d) to regulate other requirements for registration
or standards and control of allied health
professionals (such as, traditional healers and
traditional birth attendants) who do not require
formal academic qualifications to practise as allied
health professional;
(e) to prescribe matters required under this Act to be
prescribed.

39. Schedule-(1) The Schedule sets out the categories of
allied health professionals which are required to be registered
under this Act.
(2) The Minister may, by notice in the Savali, amend the
Schedule.
(3) The Secretary must send a copy of the notice published in
the Savali to the Registrar.

40. Fees and forms-(1) The Minister may, on the
recommendation of the Council, approve fees, by notice in the
Savali, for the purpose of this Act.
(2) All fees collected under this Act are to be paid to the
Treasury Fund.
(3) The Council may approve forms for the purpose of this
Act.

41. Healthcare Professions Registration and Standards
Act 2007 amended - In the Healthcare Professions Registration
and Standards Act 2007:
(a) in section 2, for the definition for “healthcare
professional”, repeal paragraph (f); and
(b) after section 18, insert:


18 Allied Health Professions 2014, No. 24

“18A. Automatic revocation of registration-(1) The
registration of a healthcare professional is automatically
revoked if the healthcare professional:
(a) is convicted of a serious crime; or
(b) becomes subject to an order of medical custody
under the Mental Health Act 2007.
(2) The revocation is effected from the date of the order,
conviction or of final determination of any appeal on
conviction.
(3) In this section, “serious crime” means an offence that
prescribes a penalty for imprisonment of at least five (5)
years.”;

(c) repeal Part VII (sections 21 and 22); and
(d) in the Schedule, after “Pharmacy Act 2007” insert
“Allied Health Professions Act 2014”.


2014, No. 24 Allied Health Professions 19


SCHEDULE
(sections 2 and 39)

ALLIED HEALTH PROFESSIONS

Part 1 - Clinical Treatment Services
(a) Audiologists
(b) Dieticians
(c) Physiotherapists
(d) Occupational Therapists
(e) Speech Therapists
(f) Medical Laboratory Scientists
(g) Medical Laboratory Technicians
(h) Qualified Pharmacology Applied Profession Analysts
(i) Radiographers

Part 2 - Complementary and Health Alternative Therapies
(a) Acupuncturists
(b) Massage Therapists, as Health Practice for Healthcare
(c) Chiropractors
(d) Podiatrists
(e) Naturopaths

Part 3 - Traditional Health Practices
(a) Traditional Healers
(b) Traditional Birth Attendants

Part 4 - Population Health Services
(a) Environmental Health Officers
(b) Health Promotion Officers
(c) Nutritionists
(d) Qualified First Aid Officers


20 Allied Health Professions 2014, No. 24

Part 5 - Mental Health and Wellbeing
(a) Counsellors, Psychologists
(b) Social Workers

Part 6 - Applied Health Science Services
(a) Biomedical Engineers
(b) Biomedical Technicians
(c) Optometrists (d) Optometrist Technicians (e) Orthotists (f) Prosthetists
(g) Pharmacologists

__________
The Allied Health Professions Act 2014
is administered by the Ministry of Health.