Medical Assistants (Registration) Act 1977

Original Language Title: Medical Assistants (Registration) Act 1977

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Laws of MALAYSIA Act REPRINTING 180 MEDICAL ASSISTANTS ACT (registration) of 1977 Contain all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 1802 ACT MEDICAL ASSISTANT (registration) 1977 Assent Date............... 2 March 1977 date of publication in the Gazette......... 10 March 1977 REPRINT BEFORE Reprinting the first............ 2001 Medical Assistant (registration) 3 laws of MALAYSIA Act 180 MEDICAL ASSISTANTS ACT (registration) 1977 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and application 2. Interpretation part II BOARD of MEDICAL ASSISTANT (registration) 3. The establishment and composition of the Board of Medical Assistant (registration) 4. Board Meeting 5. The Act of the Board shall be valid even if the defect in the appointment or even if there is a vacancy PART III REGISTER MEDICAL ASSISTANT, the RIGHT to REGISTER and REGISTRATION 6. Express medical assistants 7. Only registered people can be employed as a medical assistant 8. The provisions of the savings of those who were employed as medical assistants 9. Person who is entitled to be registered 10. Registering a name in the register and issue a certificate of registration laws of Malaysia ACT 1804 11. The expiry of the certificate of registration and renewal must 12. Entries in the register and certificates shall be signed by the Registrar of PART IV of the BROADCASTING, deletion and RESTORATION of 13. Post express and the assumption 14. Deletions name of express 15. Post deletion the name of express and revocation of certificate of registration 16. Publish the restoration of name in the register part V APPEAL 17. Appeal to the Minister against the decision of the Board is final 18. Appeal operate as stay only in respect of the renewal of the certificate of registration PART VI GENERAL 19. The Board may require information 20. Require or provide particulars or information by registered letter is sufficient 21. Penalties for using the title of medical assistants are not valid, because fake check and general violation of Act 22. Power of Minister to make regulations Section Medical Assistant (registration) 5 laws of MALAYSIA Act 180 MEDICAL ASSISTANTS ACT (registration) 1977 an act to provide for the establishment of a Board of Medical Assistant (registration), registration of medical assistants and things associated with it.
[Peninsular Malaysia — February 14, 1980, P.U. (B) 75/1980;
Sabah and Sarawak — 1 November 1980, P.U. (B) 513/1980] enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, commencement and application 1. (1) this Act may be cited as the Medical Assistant Act (registration) of 1977 and shall come into force on such date or dates as the Minister may by notification in the Gazette and the Minister may prescribe different dates for different parts of Malaysia.
(2) this Act shall apply throughout Malaysia.
Interpretation 2. In this Act, unless the context otherwise requires — "Member" means a member of the Board;
Laws of Malaysia ACT 1806 "register" means the register of medical assistants kept and maintained under section 6;
"prescribed" means prescribed by regulations made under this Act;
"private hospital" has the meaning given to it in the Private Hospitals Act 1971 [Act 43];
"Medical Assistant" means a person appointed to be a medical assistant in the Ministry of health and includes any person did this for awhile in the posts;
"Director General" means the Director General of Malaysian medical and includes a person who did this was for a while in the post;
"private clinic" means any premises that are owned or maintained by a registered medical practitioner for care for, treat or recover private outpatient and includes a private dispensary;
"Board" means the Board of Medical Assistant (registration) established under section 3;
"employer" includes Government;
"Medical Assistant" means a person registered under this Act;
"Registrar" means the Director-General while Medical Assistant Registrar under this Act;
"regulations" means regulations made under this Act;
"Government Health Center" includes a Government clinic and a Government dispensary care for, treat or recover the patient;
"training centre" means a centre or an institution approved by the Board for the training of the person proposing to be registered as a medical assistant;
Medical Assistant (registration) 7 "appeal" means an appeal made under section 17.
PART II BOARD of MEDICAL ASSISTANT (registration) the establishment and composition of the Board of Medical Assistant (registration) 3. (1) a Board called the Board of Medical Assistant (registration) shall be established which shall be responsible for the registration of a person who is entitled to be registered as a medical assistant and for matters connected therewith.
(2) the Board shall consist of a President, a Secretary and a few other members as may be prescribed by the Minister.
(3) the Director General shall be the President and Chief of medical assistants shall be the Secretary.
(4) members of the Board, other than the President and the Secretary, shall be appointed by the Minister for the term specified and the Member shall be eligible for reappointment.
(5) Notwithstanding subsection (4), the Minister may at any time and without giving any reason revoke the appointment of a member, other than the President or the Secretary.
Meetings Of The Board 4. (1) the President shall be the Chairman at all Board meetings she finds.
(2) if the President is not present at a meeting, the members present shall elect one of them as Chairman.
(3) the Chairman at any meeting shall have an original vote and also, if about a thing equal division of votes found, casting vote.
Laws of Malaysia ACT 1808 (4) the Board shall meet at any place and at any time as determined by the President and at a meeting of four members shall form a quorum.
The Act of the Board shall be valid even if the defect in the appointment or even if there is a vacancy 5. All acts done by the Board shall, even if there is a vacancy on the Board or even later found to have a defect in the appointment of the person purporting to be its members, valid as if a vacancy or defect that does not exist.
PART III REGISTER MEDICAL ASSISTANT, the RIGHT to REGISTER and the REGISTRATION of Express Medical Assistant 6. (1) for the purposes of this Act shall be kept a register Medical Assistant in such form and contain such particulars as may be prescribed.
(2) the Director General shall be the Registrar of medical assistants and shall be responsible for the maintenance and care of express and shall carry out such duties relating thereto as may be prescribed.
Only registered people can be employed as medical assistants 7. (1) subject to subsection (2) and section 8, no person shall be employed as a medical Assistant or perform the duties of a medical assistant (regardless of the title given to his Office) — (a) in a government hospital, Government health centre or other government institutions for care, treat or recover the patient;
Medical Assistant (registration) 9 (b) in a private hospital, private clinic or private institutions for the care of others, treat or recover the patient; or (c) by a registered medical practitioner, unless the person is registered under this Act.
(2) subsection (1) shall not apply — (a) for those who undergo training for the purposes of this Act in any institution specified in paragraph (a) of that subsection as approved by the Board or in a training centre; and (b) for the person who is registered under the Estate Hospital Assistant (registration) Act 1965 [Act 435] to the extent that such person be employed or are currently working in the hospital estates within the meaning of the Act.
(3) a person registered under the Estate Hospital Assistant (registration) 1965 shall not be registered under this Act unless he be entitled to be registered under this Act and also cease from registered under the Act.
The provisions of the savings of those who were employed as medical assistants 8. (1) If a person is already employed contrary to section 7 on the commencement of this Act, that person may continue to work for a period not exceeding six years from the date of commencement and thereafter he shall cease from working so unless — (a) he has to first be registered under this Act; or (b) he was, through an order by the Minister are published in the Gazette, exempt from registration under this Act.

(2) no nothing in subsection (1) shall be construed as reducing the right of an employer to terminate the service of an employee pursuant to the terms and conditions of her employment.
Laws of Malaysia ACT 18010 People entitled to registered 9. (1) any person who — (a) passed the examinations prescribed and completed successfully a course of training prescribed in any institution as stated in paragraph 7 (1) (a) as may be approved by the Board for that purpose or in a training centre; or (b) the satisfaction of the Board that it has on the commencement of this Act to pass an examination which in the opinion of the Board is sufficient to qualify registered under this Act, is entitled to be registered under this Act may, on application made in the prescribed form and after complying with all requirements accordingly and give such particulars as may be requested by the Board.
(2) Notwithstanding subsection (1), the Board may refuse to register a person if he thinks fit to do so.
(3) any person aggrieved by a decision of the Board made under subsection (2) may appeal against such decision to the Minister and the appeal shall be made and completed as provided for in section 17.
Registering a name in the register and issue a certificate of registration 10. (1) the Board shall cause to be recorded in the register so that the name of every person entitled to be registered under this Act and whose registration has not been rejected by the Board.
(2) after his name is recorded in the register, the Board shall issue to every person that a certificate of registration in the prescribed form after the prescribed fee.
(3) a certificate of registration issued under subsection (2) may include any conditions and restrictions that the Medical Assistant (registration) 11 thinks should be imposed by the Board and the conditions and restrictions that may be varied by the Board from time to time.
(4) If a registered subject to such conditions and restrictions imposed in accordance with subsection (3), the conditions and restrictions that shall be entered in the certificate of registration and certificate such authorisations shall take effect subject to the conditions and restrictions set out therein.
The expiry of the certificate of registration and renewal must 11. (1) subject to subsection 18 (1), a certificate of registration shall expire on 31 December of the year it was issued but the Board may renew the certificate every year according to the prescribed form after the prescribed fee.
(2) an application for renewal of such certificate shall be made not later than the 30th day of September each year and the Board shall give a decision thereon and to renew or refuse to renew the certificate and shall be in one of the things convey its decision to the person in question not later than the 30th day of November in the same year.
(3) in considering an application for renewal of the certificate, the Board may exercise the same respect as it undertook in considering an application for registration under this Act.
Entries in the register and certificates shall be signed by the Registrar of 12. Without touching anything that can be done by the Registrar in the exercise of its powers under this Act or under the regulations, all records, deductions and restoration in the register and all certificates of registration and renewal must be signed by the Registrar.
Laws of Malaysia ACT 18012 PART IV BROADCASTING, deletion and RESTORATION of Post Express and the assumption 13. (1) the Registrar shall publish every year in the Gazette, as soon as practicable after one day of January and not later than thirty-one day of March of each year, a list containing the name, address, approval, and the date of approval of all persons registered under this Act.
(2) the list published under subsection (1) may contain such further particulars as may be prescribed and the Registrar may, if he deems necessary, publish in the Gazette any entries that may from time to time made in the register under subsection 10 (1).
(3) the Register shall be public documents within the meaning of the evidence Act 1950 [Act 56] and the publication of the list shall be prima facie evidence that the person its name in the register is registered under this Act.
(4) the absence of the name of any person on the list shall be prima facie evidence that the person is not registered under this Act.
(5) a certificate signed by the Registrar that the name of a person has been recorded in the register, be deducted from or entered in the register shall be conclusive evidence that the person is registered or not registered under this Act, as the case may be.
Deletions name of express 14. (1) the Board may deduct from the register the name of any person who — (a) it is proved to the satisfaction of the Board was dead;
(b) was not to give to the Board of an address in Malaysia they will be found;
Medical Assistant (registration) 13 (c) was not to renew the certificate of registration;
(d) in the opinion of the Board are guilty for misbehaving;
(e) willfully provide details or fraud or incorrect information in its application for registration or under section 19, as the case may be;
(f) has been registered as a result of a mistake about his approval for registration;
(g) not of unsound mind or by reason of an illness the other she is, in the opinion of the Board, a person who is not entitled to remain in the register;
(h) is a bankrupt that has not been discharged;
(i) has been found guilty of an offence which, in the opinion of the Board, making it not eligible to remain in the register; or (j) has been found guilty of an offence under this Act.
(2) for the purposes of paragraph (1) (b), the Board may take action to cut from the register the name of any applicant who has not provided any information it deems fit by the Board within one month from the date sent a registered letter to the last address known to require it to do so.
(3) the Board shall not be cut off from the register the name of a person under any of paragraphs (1) (d) to (j) without providing an opportunity for the person to be heard personally or by counsel, but if that person does not take the opportunity or if it chooses not to be heard within one month after being notified as provided in subsection (2) with regard to the aim of cutting his name from the register , The Board may take action to cut its name the same.
Post deletion the name of express and revocation of certificate of registration 15. (1) the Board shall deduct the name someone from express to cancel the person's certificate of registration.
Laws of Malaysia ACT 18014 (2) deletion of name and cancellation of registration certificate made under subsection (1) shall be published in the Gazette the hand of the Registrar.
Publish the restoration of name in the express 16. (1) if the Board thinks fit in a given case it can, either by their own will or upon the application of the person concerned, and shall, by order of the Minister, enter in the register a name that has been cut and in the case of such Board shall issue a new certificate of registration to the person in question.
(2) a name that has been dealt with back in the register under subsection (1) shall be published in the Gazette the hand of the Registrar.
Part V APPEALS Appeal to the Minister against the decision of the Board shall be final 17. (1) any person aggrieved by a decision made or with conditions or restrictions imposed by the Board may appeal to the Minister within one month from the date the decision is made or from the date of the applicable conditions or restrictions.
(2) at the finish of an appeal, the Minister may confirm, cancel or amend the decision or conditions or restrictions imposed by the Board and order the Minister thereon shall be final.
Appeal operate as stay only in respect of the renewal of the certificate of registration 18. (1) except as provided in subsection (2) an appeal may not suspend the effect of a decision of the Board.
Medical Assistant (registration) 15 (2) if the Board refuses to renew a certificate of registration and the person concerned appealed to the Minister under section 17, the validity of the certificate shall be deemed to be not expired on 31 December and that person can continue to work as a medical assistant, up to an order made by the Minister under subsection 17 (2).
(3) where the Minister rejects the appeal, the presumption under subsection (2) shall cease to apply and the person in question shall, within the period allowed by the Minister, cease from such work.
(4) where the Minister allows the appeal, the Board shall renew the certificate of registration on payment of the prescribed fee and when appropriately this Act and the regulations.
PART VI GENERAL Board may require information

19. (1) The Board may from time to time ask for such information as may be required so that given by every person whose name is in check and the person shall provide the information within one month from the date it is required to do so.
(2) every person whose name is in the register shall, within three months from something changes that may occur on the details that have been rendered to the Board, told the Board about the changes.
Require or provide particulars or information by registered letter was adequate 20. (1) for the purposes of this Act if such particulars or information — (a) required by the Board; or (b) given by a person, the laws of Malaysia ACT 18016 is sufficient for the Board or the person requires or give details of the information or by registered mail addressed to the Board at its official address or to that person's address in the end is known, as the case may be.
(2) Notwithstanding subsection (1), the person can provide details or information with its own 87. to the Board or through its representative.
Penalties for using the title of medical assistants are not valid, because fake check and general violation of Act 21. (1) every person who — (a) not a registered under this Act, declare such registered or worked as a medical assistant (regardless of the title given to his Office), use or pleaded as reserves the right to use any name, title, addition, description, or badges that give unifom understand that it is or is recognized in law as registered as such, or use or pleaded as reserves the right to use any title , unifom or badges prescribed for use by medical assistants; or (b) with a view to be deceptive, using a certificate of registration issued under this Act to another person, is guilty of an offence and shall, on conviction at first time, liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both, and, on conviction at a second time or time and then a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
(2) any person who — (a) willfully makes or causes to be made a false entry in the register;
Medical Assistant (registration) 17 (b) knowingly provide details or false information to the Board; or (c) violates any provision of this Act for which no such penalty is provided, is guilty of an offence and, on conviction, be fined not exceeding one thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Power of Minister to make regulations 22. The Minister may make regulations for prescribing anything that is required to be prescribed by this Act and to carry out more effectively the provisions of this Act and, without prejudice to the generality of this section, the regulations may provide for — (a) the procedure at meetings and other proceedings of the Board;
(b) the fixing of minimum education and approval requirements for admission to training center;
(c) training for those intending to be registered as a medical assistant and institutional approval to become a training centre;
(d) the conduct of examinations and things incidental or relating thereto;
(e) the fee payable for an examination, application for registration, issuance of certificate of registration and renewal of registration;
(f) the costs payable to the Inspector;
(g) application for certificate of registration and renewal of registration and the requirements to be complied with;
(h) approval required for registration as a medical assistant and reasons upon registration and renewal certificate of registration may be rejected;
(i) the form of, maintenance and publication of the register, this form of certificate of registration and renewal must;
Laws of Malaysia ACT 18018 (j) cut in the name of and restoration of name in the register;
(k) the Board established a Committee and allow the delegation to the Committee any of the powers of the Board and make regulations about the proceedings of the Committee;
(l) setting and the kind of obligations shall be carried out by medical assistants.
Medical Assistant (registration) 19 laws of MALAYSIA Act 180 MEDICAL ASSISTANTS ACT (registration) of 1977 LIST AMENDMENT law short title force of the Act amending the Act A621 Hospital Assistant, 31-05-1985; (Registration) (Amendment) Act 1985 except paragraphs 8 (a) and 22 (a) of the first schedule; Peninsular Malaysia — 14-02-1980; Sabah Sarawak & — 01-11-1980 P.U. (A) 342/2002 Order Revision 23-08-2002 law (Correction Act Medical Assistant (registration) 1977) 2002 laws of Malaysia ACT 18020 laws of MALAYSIA Act 180 MEDICAL ASSISTANTS ACT (registration) of 1977 LIST SECTION AMENDED Section Power amend with effect from 1 Act A621 31-05-1985 2 Act A621 31-05-1985 part II Act A621 31-05-1985 3 Act A621 31-05-1985 Division III A621 31-05-1985 6 Act A621 31-05-1985 7 Act A621 31-05-1985 8 Act A621 14-02-1980 , 01-11-1980 18 A621 Act 31/05/1985 21 Act A621 31-05-1985 22 Act A621 14-02-1980, 01-11-1980