The Allied Health Professions Act 2016 (“AHPA”) which was gazetted in the year 2016 came into force on 1st July 2020. The AHPA aims to regulate certain allied health professions which were previously largely unregulated. The AHPA establishes the Malaysian Allied Health Professions Council (“Council”) whose main functions include the registration of allied health practitioners, determination of the appropriate qualifications of allied health professions and the regulation of practice, ethics and professional conduct of registered allied health practitioners.
The AHPA generally applies to any activity or profession which has a direct or indirect effect on patient care and health. The Second Schedule to the AHPA provides a list of allied health professions to whom the AHPA applies, as follows:
The aforesaid list may, on the recommendation of the Council, be extended from time to time by the Minister in charge.
The AHPA has made it compulsory for any person who practises as an allied health practitioner or carries out any activity related to allied health to be registered with the Council. A person may apply to be registered as an allied health practitioner if:
The AHPA also provides for the registration as an expert by any registered practitioner who has attended a specialised training relating to his/her allied health profession in a recognised training institution, holds a recognised qualification issued by a recognised training institution and has proven to the satisfaction of the Council that he/she is a fit and proper person and is of good character.
Any person who currently practises any allied health profession or carries out any activity relating to allied health must, within 12 months of coming into force of the AHPA, or any other period as may be extended by the Council, apply to be registered as an allied health practitioner. Pending determination of the said application, he may continue practising. If the application is refused, he must cease to practise from the date of notification of such refusal.
Upon registration, a registered practitioner who intends to practise shall apply for a practising certificate from the Council. A registered practitioner who practises without a practising certificate issued by the Council commits an offence and shall on conviction be liable to a fine not exceeding RM50,000.00 or to imprisonment not exceeding 2 years or to both.
The AHPA also provides for the issuance of a temporary practising certificate with a validity period of one year to any non-Malaysian citizen who has been practising an allied health profession outside Malaysia and intends to practise in Malaysia if he fulfils the following qualifications:
Any person who is not registered under the AHPA shall not:
The AHPA also makes it an offence to hire any person who is not a registered practitioner under the AHPA to perform the duties and responsibilities of a practitioner of an allied health profession, such offence being punishable with a fine and/or imprisonment.
The advertisements by all registered practitioners and persons engaging or employing registered practitioners shall also be in compliance with the requirements on advertisement under the AHPA.
The AHPA confers the Council with disciplinary authority over registered practitioners and the Council may impose orders of suspension, removal from the register and/or reprimand.
As the AHPA has come into force, every practitioner who falls within the AHPA should get himself registered and issued with a practising certificate accordingly in order to continue practising as an allied health practitioner in Malaysia.
Date: 29th July 2020
Joyce Teh (Partner)
T: +603-2632 9882
E: joyceteh@rdl.com.my
Shaarenya Gurasekeran (Senior Associate)
T: +603-2632 9915
E: shaarenya@rdl.com.my
Cheong Jun Kid (Associate)
T: +603-2632 9931
E: junkid@rdl.com.my