Section 53
of Allied Health Professions of Brunei Darussalam Act
Section 53
(1)
Where a Health Committee determines that the fitness of a registered allied health professional to practise is impaired by reason of his physical or mental condition, the Health Committee may exercise one or more of the following powers -
(a)
order that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order;
(b)
where the registered allied health professional is an allied health professional with full registration, order the Registrar to remove his name from the Register of Allied Health Professionals with Full
Registration and register him as an allied health professional with restricted or conditional registration in the allied health profession in which he is registered and with conditions, and section 13(2) and (3) or section 14(4) to (9), as the case may be, apply accordingly;
(c)
where the registered allied health professional is registered in any register other than the Register of Allied Health Professionals with
Full Registration, order that conditions be imposed on his registration;
(d)
recommend to the Council that the name of the registered allied health professional be removed from the appropriate register;
Allied Heulth Professions of
Brunei Darussalam
CAP.221 63
(e)
order that he pays to the Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and.
where applicable, a Disciplinary Panel.
(2)
Where the Council accepts the recommendation of the Health
Committee under subsection (l)(d), the Council shall by order direct the
Registrar to remove the name of the registered allied health professional from the appropriate register and that order shall take effect from-the date the order is made.
(3)
Where a registered allied health professional, in respect of whom an order under subsection (l)(b) or (c) is made, is determined by a Health
Committee to have failed to comply with any of the conditions of his registration, the Health Committee may, if it thinks fit, order that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.
(4)
Where a Health Committee has made an order for suspension under subsection (])(a) or (3). the Health Committee may make an order under subsection (l)(b) or (c). to take effect from the expiry of the current period of suspension.
(5)
Where a Health Committee has made an order for suspension under subsection (l)(a) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit -
(a)
make a recommendation referred to in subsection (l)(d) to the
Council, and subsection (2) applies accordingly; or
(b)
make an order under subsection (l)(b) or (c), to take effect from the expiry of the current period of suspension.
(6)
Where a Health Committee has made an order under subsection (l)(b) or (c), the Health Committee or another Health Committee appointed in its place may, on its own motion or on the application of the
Council or the registered allied health professional, revoke the order or amend any of the conditions imposed by the order.
(7)
No application under subsection (6) shall be made in respect of the same registered allied health professional more than once in any period of 12
months.
Allied Health Professions of 64
Brunei Dar ussalam
(8)
Subsection (3) applies to a registered allied health professional whose registration is subject to conditions imposed by an order made under subsection (4) or (5)(b) as it applies to a registered allied health professional whose registration is subject to conditions imposed by an order made under subsection (l)(b) or (c), and subsection (5) applies accordingly.
(9)
Where a Health Committee has made an order (including a revocation of the order or an amendment of any condition imposed by the order) under this section, the Registrar shall immediately serve on the person to whom the order applies a notice of the order or amendment.
a
(1 0) While a person's registration in a register is suspended by virtue of this section, he shall be treated as not being registered in the register notwithstanding that his name still appears in the appropriate register, but immediately on the expiry of the order of suspension, his rights and privileges as a registered allied health professional shall be revived as from the date of the expiry provided that the registered allied health professional has complied with all the terms of the order.
(11)
Sections 46(1 I), (12) and (13)(a) and 47 apply, with the necessary modifications, to a Health Committee and references to a Disciplinary Panel shall be read as references to a Health Committee.
(12)
Any person who is aggrieved by an order (including a revocation of the order or an amendment of any condition imposed by the order) made under this section may, within 30 days after the service on him of the notification of the order, appeal to the Minister whose decision shall be final.
(1 3) Any order (including a revocation of the order or an amendment of any condition imposed by the order) made under this section shall take effect from the date of the order or amendment is made unless the Minister decides otherwise.
Restoration of names removed on recommendation of Healtb
Committee 54.
(1)
Where the name of a registered allied health professional has been removed from an appropriate register on the recommendation of a Health
- -
-
Committee under section 53, the-Council may, on its own motion or upon application, direct that -
(a)
his name be restored to the appropriate register; or
Allied Health Professions of
Brunei Darussalanz
CAP. 221 65
(b)
he be registered with restricted, conditional or temporary registration, and section 13(2) and (3), section 14(4) to (9) or section 15(3), (4) and (5), as the case may be, apply accordingly.
(2)
No application under subsection (1) in respect of the same person shall be made to the Council more than once in any period of 12 months.
(3)
No application under subsection ( I ) in respect of a person shall be made to the Council unless that person has complied with all the terms of the order made against him.