MALAYSIAN SOCIETY FOR COMPLEMENTARY THERAPIES 

                                     DISCIPLINARY PROCEDURE

(Dishonourable Conduct and Professional and Ethical Misconduct)

1. (a)  In these clauses, the masculine shall include the feminine and the    singular and plural.

     (b)  In this section, and subsequently, unless there  is something in the subject or context inconsistent therewith, the following  words shall have the meanings here  assigned to them:-

ìthe P.E.S.C.î means a Professional Ethics Sub-Committee consisting of not less than three nor more than five Member of the Society appointed by the President to provide a reasonably balanced representation of the Membership. If, after the first hearing, the membership of the P.E.S.C. shall fall below five, or any reason whatsoever, the President shall not appoint Members to the P.E.S.C. to make good the deficiency for the purpose of further or adjourned hearings, and remainder of the members of the P.E.S.C, who sat at the first hearing shall be deemed to be a properly constituted P.E.S.C. for further or adjourned hearings provided that their number does   not fall below three.

ìthe P.E.C.î means the Professional Ethics Committee which shall consist (subject to clause 13 hereof) of the President and all members of the Council for the time being, provided that those members of the Council who constitute the quorum (clause 16 thereof) for the final hearing shall also sit for any further or adjourned hearing, and if their number falls below the quorum for any reason whatsoever, the remainder of the members who sat at the final hearing shall be deemed to be a properly constituted P.E.C. for such further or adjourned hearings provided that their member does not fall below three.

ìproscribed conductî means dishonourable conduct, or professional or ethical misconduct which transgresses the Code of Ethics of the Society and such other misconduct as may reasonable be determined by the Council to be professional or ethical misconduct.

ìthe first hearingî means the date, time and place proposed for first consideration by the P.E.S.C. of any allegation of proscribed conduct.

ìthe final hearingî means the date, time and place proposed for first consideration by the P.E.C. of an allegation of proscribed conduct.

ìMemberî means Fellow or Member of the Society.

2.        If the President (or in his absence the Deputy-President) is notified or becomes aware that a member (ìthe Member concernedî) is alleged to have conducted himself in a manner  which might constitute proscribed conduct he will appoint and convene the P.E.S.C.

3.        In determining whether conduct amounts to proscribed conduct, regard shall be had to any directions, advice or statements issued or made by or on behalf of the Council concerning the conduct and behaviour of Members whether of a general or specific nature, and of any Code of Ethics adopted by the Council or by the Members in General Meeting.

4.        The P.E.S.C shall serve on the Member concerned written notice of the allegation made against him:

(a)      including full details of the complaint made against him;

(b)&n bsp;     informing  the Member concerned of the first hearing which shall be not less than 15 day after the date of service of the notice specified in this clause; and

(c)      notifying him of his right to submit:-

(i) a full statement of evidence on his own behalfí and

(ii) a  written request to submit oral evidence on his own behalf if he wishes to do so and informing him that the  statement of evidence referred to in this sub-clause should be in full, bearing in mind the discretion of the of the P.E.S.C. not more than 14 days after service on the Member concerned of the notice specified in this clause.

 5.       The decision whether to accept oral evidence at the first hearing shall be at the absolute discretion of the P.E.S.C. who shall, before the date of he first hearing, or any adjourned or postponed date, have notified in accordance with clauses 4 and 6 (Notice of further evidence) or clause 8 concerned  (notice of postponement or adjournment), serve on the member notice of such decision. In considering whether to accept a request by the Member concerned to submit oral evidence on his own behalf, the P.E.S.C. shall have regard (inter alia) to whether any oral evidence is being submitted in support of the allegation against him.

  6.       The P.E.S.C. or the P.E.C. may call for such further evidence as it may require to be submitted before the first hearing of the final hearing respectively ( or any adjournment or postponement of either of them), provided that it serves on the Member concerned a written notice including reasonably full details of such evidence and notifying him of his right to submit:

(a)     in the case of the P.E.S.C., a written reply to such further evidence, and a written request to give oral evidence in reply to such further evidence if he wishes to do so

(b)      in the case of P.E.C., a written notice of his intention to be heard in reply to such further evidence, or if he does not wish to be heard, a written reply to such further evidence;

            such reply/and or request and/or notice to be served on the P.E.S.C. or the P.E.C., as the case may be, not more than 21 days after service on the Member concerned of such notice of further evidence.  If there are less than 21 clear days between the service of such a notice of further evidence and the date (adjourned or postponed date) of the first hearing or the final hearing, as the case may be, the P.E.S.C or the P.E.C., as the case may be, shall postpone or adjourn such hearing and give notice thereof in accordance with clause 8, at the same time as it serves the notice of further evidence specified  in this Section.

7.        If the Member concerned shall fail to serve on the P.E.S.C. or the P.E.C. as the case may be, a statement and/or reply and/or notice in accordance with clause 4 (reply to notice lf allegation), clause 4 (reply to notice of allegation), clause 6 (reply to notice of further evidence), or clause 19 (reply to notice of final hearing), the P.E.S.C. or the P.E.C. may after expiry of time for service permitted by such clause, proceed to the first hearing or the final hearing respectively without considering any written evidence which would have been included in such statement and/or reply and/or notice and in the  absence of the Member concerned (if a request to give oral evidence has not already been accepted by the P.E.S.C. or an intention to be heard has not been notified to the P.E.C.).

 8.       The P.E.S.C. or the P.E.C. may adjourn or postpone (more than once, if necessary) the first hearing or the final hearing respectively for such period as it thinks fir, provided that the least 21 working days before the new date fixed for such hearing, it serves written notice of the new date, time and place for such hearing on the member concerned.

9.        The P.E.S.C. shall, at the time and place and on the dare notified for the first hearing, or nay duly notified postponement or adjournment thereof, meet to decide whether a case proscribed conduct ahs been made out against the Member concerned. If it finds that a case has not been made out against the member concerned  . If It finds that a  case has not been made out against the Member concerned, the P.E.S.C. shall dismiss the case.  It  finds that a case has been made out, and that if proved it might  lead to the expulsion of the Member concerned, the P.E.S.C. shall not hear  the matter but shall require the President to convene a meeting of the P.E.C. If it finds that a case has been made out, but considers the complaint to be of a less serious nature, then it shall hear the matter and, if it finds the case proved, it shall:-

(a)       impose no punishment; or

(b)      censure the member concerned; or censure and fine the Member concerned a sum not exceeding RM500, requiring him to pay such sum within a specified period which shall be less than 28 days.

The requirements of this clause shall be without prejudice to the power of the P.E.S.C. to adjourn the first hearing.

 10.     The P.E.S.C shall, not more than 14 days after the first hearing, serve written notice on the Member concerned of its decision and submit a written report to the President. If the P.E.S.C. has decided to require the President to convene a meeting of the P.E.C., such written notice shall so inform the member concerned. If the P.E.S.C. has decided to fine the Member concerned, such written notice shall state the fine and the period within which the Member concerned is required to pay such a fine, and shall inform him or his right to appeal to P.E.C.

11.      If the Member concerned intends to appeal to P.E.C. against a fine imposed by the P.E.S.C., he shall, not more than 21 days after service on him of written notice of the decision of the P.E.S.C. in accordance with clause 10, serve on the P.E.S.C. written notice of his intention to appeal. If the Member concerned fails to serve such notice within such time, his right to appeal shall be lost.

12.      If the P.E.S.C. shall received notice of appeal in accordance with clause 11, it shall require the President to convene a meeting of the P.E.C. and not more than 21 days after  so requiring, shall serve on the Member concerned notice of the fact that it has done so.

13.      Any person about whose conduct a complaint had been made or who has lodged a complaint against a Member or is likely to be called upon to give evidence in relation to any such complaint or who is directly interested in its outcome shall not be eligible to sit on the P.E.S.C. or the P.E.C. at which any such complaint is considered and no member of the P.E.S.C. which considers such a complaint shall be eligible to sit on the P.E.C. in respect of the same complaint.

14.      Notices to be served in connection with any procedure relating to proscribed conduct shall be served in accordance with the following procedure:

(a)      a notice may be served by the Council upon any Member either personally or by sending it by prepaid first class recorded delivery post in a letter addressed to such Member at his last registered address;

(b)      a notice so sent through the post shall be deemed to have been served on the day following that on which the letter containing the same was posted, and for overseas Member 14 days.

(c)      any notice requisition or other document which is to be served on the Society or on the Council or any officer thereof may be served by leaving it at, or sending it by first class postal delivery to, the Registered Office of the Society;

 15.     The P.E.C. shall have vested in it all the powers and discretions  conferred upon the Council or by these clauses so far as they relate to any disciplinary action to be taken against a Member or the reason therefore.

16.      A quorum of the P.E.C. shall consists of five members of the P.E.C. who may be assisted by a Legal Assessor who shall be a barrister or solicitor or an Advocate & Solicitor. If sufficient members of the P.E.C. are not available or eligible to form a quorum, sufficient additional Members may be appointed by the Council as members of the P.E.C. to constitute such quorum. Unless otherwise directed by the President or in his absence the Deputy-President, not more than 7 members of the P.E.C. shall sit for the hearing of any case.   Selection of the members of the P.E.C. to sit at each hearing shall be made by the Council. The Secretary to the Council shall act as Clerk to the P.E.C.

17.      The Member concerned shall have the right to be heard by P.E.C. if he so desires, either personally or by his counsel or solicitor or by a lay representative (which lay representative must be a Member), or if he does not so desire, to submit a statement in writing.

18.      The Member concerned may, not less than 7 days before the date for the first hearing of the final hearing (but not an adjourned or postponed first hearing or final hearing) notified to him, serve on the P.E.S.C. or the P.E.C. (as the case may be) a request to further time in which to prepare his case.  The P.E.S.C. (as the case may be) shall, on receipt of such a request, adjourn or postpone the first hearing of the final hearing respectively for a period of at least 21 days from the date of the request for further time, in accordance with clause 8 hereof.

19.      The P.E.C. shall serve on the Member concerned written notice informing him of the final hearing, which shall be not less than 21 days after due date of service of such notice, and notifying the Member concerned of his right to submit:-

 (a)     notice of his intention  (if any) to be heard in person or by his  counsel, solicitor or representative; or

(b)      if he does not so intend, a written statement of evidence in his own behalf,

such notice or statement to be served on the P.E.C. not more than 21 days after service on the Member concerned of the notice specified in this clause.

20.      The P.E.C. shall at the time and place and on the date notified for the final hearing or any  duly notified postponement or adjournment thereof meet to determine the case, a conviction of any offence or any finding of fact by a Court or Tribunal of competent jurisdiction or of any other relevant professional tribunal shall be binding on the P.E.C. After hearing all the evidence presented for and against the Member concerned, the P.E.C. shall determine whether he has been guilty of proscribed conduct.  It if finds that he has not been  guilty of proscribed conduct, it shall dismiss the case. If it finds that he has been guilty of proscribe conduct, it shall:-

(a)      impose no  punishment; or

(b)      censure the Member concerned; or censure and fine the member concerned a sum of not exceeding RM5000, requiring  him to pay such sum within a specified period which shall be not less than 28 days; or

(c)      censure and fine the Member concerned a sum of not exceeding RM5000, requiring him to pay such sum within a specified period which shall be not less than 28 days, and/or explain him from the Society, and, if it thinks fit, prescribe a period of time during which no application for his re-election shall be considered.

The P.E.C. Shall, not more than 14 days after the final hearing, serve written notice on the member concerned of its  decision which will be final and binding  on all parties and shall submit a written report to the President. The requirements of this clause shall without prejudice to the power of the  P.E.C. to adjourn the final hearing.

 21.     No Member who has been fined, in accordance with clause 9 or 20 shall, so long as his fine remain unpaid, be entitled to attend or take part in the meetings of the Society or to receive the Societyís printed papers nor shall be entitled to vote.

22.      If any Member on whom a fine has been imposed in accordance with clause 9 or 20, fail to pay such fine in full within the period required for payment thereof, the Council may resolve that his Membership of the Society to terminated, whereupon he shall cease to be a Member forthwith, and if, it thinks fit, the Council may prescribed a period of time during which no application for re-election of the Member concerned shall be considered. Nothing herein shall entitle the Member concerned to notice of the intention of the Council to consider such a resolution.

23.      The P.E.C. shall have power to make or vary rules for any matters or procedures relating to proscribed conduct which are not covered by these clauses.