Allied Health Progressions Act 2016 – Appointment of Date of Coming Into Operation


MDTA - April 6, 2021 - 0 comments

QUESTION – LAZIM QUESTION (FAQ)

PUBLIC

1. I would like to get a copy of the Associate Health Profession Act 2016 (Act 774) and the Regulations of the Associated Health Profession (Fi) 2020. What is the link for me to obtain a copy of the document?

Associated Health Profession Act 2016 (Act 774) and Regulations of Associate Health Profession (Fi) 2020 can be accessed via website www.moh.gov.my or www.agc.gov.my


2. What is meant by the transition period of practitioner registration allocated under Act 774? How long is this transition period?

Transitional Allocation is a given time to manage the Practitioner registration application within 12 months after the enforcement act or another period determined by the Council [ss. 46 (1)]


3. I got information that Act 774 has been enforced. Can I apply for practitioner registration now?

Act 774 was enforced on July 1, 2020. Registration of allied health profession practitioners will not be processed at the moment until a date that Council will determine through media.


4. “Act 774 was enforced on July 1, 2020, but practitioner registration has not yet begun “. Am I categorized as practicing without registration and having legal practice behavior?

Any person practicing the Associate Health Profession can continue practicing until the Council determines the end date of the transition phase.


5. I am practicing a profession in associate health that is not listed in the Second Schedule of Acts 774, can my profession apply to be included in the 2 Schedule?

Profession in associated health may apply to the Council of Health Associates Malaysia (MPKBM) to be considered. The next ceremony will make a syor to the Minister as allocated under s. 10 Acts 774.

Practitioner REGISTRATION

1. I am a profession in associate health, but my profession is not listed under the Second Schedule. Can I register?

i. Profession in associate health that is not listed under Second Schedule, Act 774 does not require registration to practice in Malaysia.
That’s it. Only Associate Health Profession listed under Second Schedule, Act 774 MUST be registered to practice in Malaysia.


2. Me from Associate Health Profession who wants to practice without registering, is it allowed?

A practitioner cannot practice without registering with the Act and must have a valid current certificate of practice and not expired.


3. I am a registered practitioner, would it be a mistake if:

i. I practiced but didn’t apply for a practice certificate?
That’s it. I don’t practice and don’t apply for a practice certificate?
Answer:
i. A person practicing without practice including a registered practitioner can be convicted of committing mistakes and can be charged with not exceeding fifty thousand ringgit or imprisoned for a period of not exceeding two years or both [subsection 22 (7)].
That’s it. A registered practitioner who doesn’t practice and doesn’t have a certificate of practice won’t be convicted of committing mistakes under subsection 22 (7), however if a practitioner intends to re-practice subsections 23 () and 18 ( 1) (c) used.
* 18. (1) Registrants should cut from Register names and other details of registered practitioners –
(c) who did not apply to the Registry for practice reform for six consecutive years;
* ss. 23 (3) If a registered practitioner whose practice has expired for four years or more applying to renew his practice, he should undergo a competence assessment determined by the Council.


4. I intend to register as a registered practitioner under Act 774. What type of fee will be charged on my application?

Someone who apply to be a registered practitioner needs to pay as follows :-
i. Registration application RM 50
That’s it. Application for Registration for RM100.
iii. Practice treatment application RM 50
iv. Application for Practice Solutions after expiry of RM 200.


5. I would like to register as a practitioner under Act 774. Will the registration fee be refunded if my application is not approved?

i. A total fee of RM 50.00 for registration application will not be refunded if application is not approved.
That’s it. A total fee of RM 100.00 for registration treatment will be applicable for approved applications only.


6. I would like to register as a practitioner under Act 774. Will the registration fee be refunded if my application is not approved?

i. A total fee of RM 50.00 for registration application will not be refunded if application is not approved.
That’s it. A total fee of RM 100.00 for registration treatment will be applicable for approved applications only.


7. What’s the difference between registration treatment as an associate health practitioner and practice certificate registration?

i. Registration agreement is a certificate of registration issued to someone as a registered practitioner based on qualifications recognized by the Council.
That’s it. Practice behavior is a certificate of practice issued to a registered practitioner to practise containing a valid period and place of practice.

PRACTICE CONFESSION

1. I registered and have a valid certificate of practice. Can I work with a company / lab / centre / clinic owned by non-practitioners in the allied health field?

An associate health practitioner needs to ensure that he is registered and has a valid certificate of practice before practicing with any company / lab / center / clinic.


2. I registered and have a valid certificate of practice. Can I work with a company / lab / centre / clinic owned by non-practitioners in the allied health field?

An associate health practitioner needs to ensure that he is registered and has a valid certificate of practice before practicing with any company / lab / center / clinic.


3. I have registered as an associate health practitioner and have a valid certificate of practice, and serve in Company A. Do I have to make a practice place exchange application if I resign in Company A and wish to serve Company B?

A registered practitioner needs to notify the Registry, the Associate Health Profession Council of Malaysia to apply for the exchange of primary practice venues and obtain a certificate of practice that expresses a new primary practice place within thirty days from the date of that change. [ss. 22 (4)]


4. I have registered as an associate health practitioner and have a valid certificate of practice. Am I allowed to have more than one employer / place of duty?

A registered practitioner can register more than one employer or place of duty in the certificate of practice by expressing the address of the primary practice venue and all other practice venues of registered practitioners. [ss. 22 (4)]


5. I have registered as an associate health practitioner and have a valid certificate of practice. Am I allowed to have more than one employer / place of duty?

A registered practitioner can register more than one employer or place of duty in the certificate of practice by expressing the address of the primary practice venue and all other practice venues of registered practitioners. [ss. 22 (4)]

Discipline and Complaints

1. I hired an unregistered Health Profession practitioner under Act 774, was it an offence?

A person who recites practitioners without registration and practice behavior can be convicted of committing mistakes and can be punished as per subsection 36 (1).


2. Can disciplinary action be taken upon me under Act 774 since the practitioner registration process hasn’t been done yet?

Disciplinary action can only be applied to Registered Practitioners.


3. I registered as an Associate Health Profession practitioner but did not apply for a certificate of practice, can I conduct a practice?

A registered practitioner cannot conduct a practice without having a certificate of practice containing a valid period and place of practice.
A person practicing without practice including a registered practitioner can be convicted of committing mistakes and can be charged with not exceeding fifty thousand ringgit or imprisoned for a period of not exceeding two years or both [subsection 22 (7)].


4. I own a certificate of valid practice behavior. Am I obligated to take indemnity policy under Act 774?

A registered practitioner who has a valid certificate of practice is not mandatory to take professional indemnity under this act. However, registered practitioners are encouraged to take professional indemnity.


5. I get information there are individuals practicing without having a certificate of registration and no valid practice certificate. Where can the complaint be distributed?

Written complaint can be presented to the Associate Health Profession Council of Malaysia via email mahpc@moh.gov.my.

Reference

Kenyataan Akhbar KPK 5 Mac 2021 – Penubuhan Majlis Profesion Kesihatan Bersekutu Malaysia di bawah Akta Profesion Kesihatan Bersekutu 2016 [Akta 774]

Reference Link

 

AHP – Questions & Answer
Reference Link