Traditional and Alternative Medicine Act (No. 23 of 2002)

1. Short title and Commencement.

2. Application.

3. Interpretation. PARTII ESTABLISHMENT OF THE COUNCIL

4. Establishment of the Council.

5. Composition of the Council.

6. Functions of the Council.

7. Powers ofthe Council.

8. Standing committees. PART ID THE REGISTRAR

9. Registrar of the Council.

10. Functions of Registrar.

11. Deputy Registrar.

12. Secretariat.

13. Other staff. PARTN REGISTRATION

14. Qualifications to register or enrol as traditional health practitio- ner or' aide.

1S. Oualifications to register or enrol as an alternative health practitioner or aide.

16. Additional requirements.

17. Provisional registration. 2 No. 23 Traditional and Alternative Medicine 2002

18. Full registration.

19. Temporary registration.

20. Conditions for temporary registration.

21. Letter of authorization.

22. Registrar to determine application in sixty days.

23. De-registration, removal etc from Register.

24. Removal from rolls.

25. Reinstatement and re-registration.

26. Council to give reasons for its decision.

27. Appeal to the Minister.

28. Non - adherence to the professional ethics and etiquettes.

29. Appeal to the High Court.

30. Dangerous practice. PARTY RIGHTS AND DUTIES OF TRADITIONAL AND ALTERNATIVE HEALTH PRACTI- TIONERS

31. Registered traditional and alternative health practitioner may practice.

32. Right to claim and sue for service rendered.

33. Entitlement of persons enrolled to practice.

34. Transfers.

35. Duty of traditional and alternative health practitioner to patients

36. Prohibition to practice with unregistered persons. PARTYI REGULATION OF TRADITIONAL AND ALTERNATIVE MEDICINES PRACTICE

37. Receipt of complaints by Registrar.

38. Preliminary inquiry.

39. Registrar to hold preliminary inquiry.

40. Where no prima-facie case is established.

41. Procedure for inquiry.

42. Notification and publication of decisions of the Council.

43. Appeal against decision of the Council. 44 Conduct derogatory to traditional and alternative health profession. No. 23 Traditional and Alternative Medicine 2002 3 PART VII OFFENCES AND PENALTIES

45. Offence for illegal practicing

46. Offence for illegal registration

47. Penalty for contravention of requirement and conditions for temporary registration

48. General penalty PART VIII FINANCIAL PROVISIONS

49. Funds of the Council

50. Estimates

51. Management of Council's Fund

52. Remuneration of the members of the Council PART IX GENERAL PROVISIONS

53. Indemnity of members of the Council, Committees, Registrar and other staff

54. Seal of the Council

55. Minister may make Regulations SCHEDULES 4 No. 23 Traditional and Alternative Medicine 2002 No. 23 Traditional and Alternative Medicine 2002 5 THE UNITED REPUBLIC OF TANZANIA No. 23 OF 2002 ~ IJ. M.k0.b4 IASSENT' ~ ".;;.' • •........~T~- " President ~! .. ~/.~~~. An Act to make provisions for promotion, control and regulation of traditional and alternative medicines prac- tice, to establish the Tradional and Alternative Health Practice Council and to provide for related matters. [ .................................. ] ENACTED by the Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS

1. This Act may be cited as the Traditional and Alternative Medi- Short title cines Act, 2002 and shall come into operation on a date on which the and comme- Minister may, by notice published in the Gazette, appoint. ncement 2.--{1) This Act shall apply to traditional and alternative health Applica- tion practitioners and aides. (2) In case of proceedings before the Council, the Act shall apply to all traditional and alternative health practitioners and aides irrespective of whether or not any such traditional or alternative health practitioner is registered or enrolled.

3. In this Act, unless the context otherwise requires: Interpreta- tion 6 No. 23 Traditional and Alternative Medicine 2002 "aide" means a person enrolled under section 15(3) ofthis Act: "alternative health practitioner" means a person formally trained and has acquired knowledge, skills and competence in alternative medi- cine practices and disciplines as recognised internationally; "alternative medicine" means the total sum of knowledge and practice used in diagnostic, prevention and elimination of physical, mental and social imbalance relying exclusively on various established alter- native medicine system of respective disciplines; "alternative medicine remedy" means and includes methods or processes used for curing or any preparations derived from plants, animals or mineral products that mayor may not contain chemical characteris- tics of such substances from which it is derived but has the therapeu- tic effect in the intended individual and preparations of such a rem- edy follows the systems of alternative medicine and discipline em- ployed; "'Committee" means a Committee ofthe Council established under sec- tion 8(1); "Council" means the Traditional and Alternative Health Practice Coun- cil established under section 4 of this Act; "discipline" means knowledge and practices established and accepted internationally such as homoeopathy, chiropractic, massage, aromatherapy, acupuncture ayurvedic medicine and others recognized by the Council; "herbal medicines" means plant derived material or preparations with the therapeutic or other human benefits, which contain either raw or processed ingredients from one or more plants; in some traditions material of in organic or animal origin may also be present; "hospital" means an establishment providing out patient and inpatient general services; "Minister" means the Minister responsible for matters related to health; "register" means the Register of registered traditional and alternative health practitioners; "Registrar" means the Registrar of the Council appointed under section 9', "registration" means inclusion into the Register of traditional and alter- native health practitioner; "rolls" means rolls kept by the Registrar in which the names and particu- lars of persons enrolled are entered; "professional misconduct" means a conduct connected with the tradi- tional or alternative health practice in which the practitioner has fallen short by act or omission, of the standards of conduct expected among the members of the profession and such falling short is serious in the No. 23 Traditional and Alternative Medicine 2002 7 estimation of the members of the traditional and alternative health pro- fession; "traditional health practitioner" means a person who is recognized by the community in which he lives as competent to provide health care by using plants, animal, mineral substances and other methods based on social, cultural and religious background as well as on the knowl- edge, attitudes and beliefs that are prevalent in the community re- garding physical, mental and social well being and the cause of dis- ease and disability; "traditional medicine" means a total combination of knowledge and practice, whether applicable or not, used in diagnosing, preventing or eliminating a physical, mental or social disease and which may rely exclusively on past experience and observation handled down from one generation to another orally or in writing; "traditional medicine remedy" means and includes any methods, processes, practices or any medicine consisting of a substance or a mixture of substances produced by drying, extracting, crushing or comminuting, compressing natural substance of a plant, animal or mineral origin or any part of such substances; "witchcraft" has the meaning assigned to it under the Witchcraft Cap 18 Ordinance. PARTII ESTABLISHMENT OF THE COUNCIL 4.-{ 1) There is established a Council to be known as the Tra- Establish- ditional and Alternative Health Practice Council; ment of Council (2) The Council shall: (a) be a body corporate with perpetual succession and a common seal; (b) in its corporate name be capable of suing and being sued; and (c) for and in connection with the purpose of this Act be capable of holding, purchasing and otherwise acquiring and disposing of movable and immovable property;

5.-( 1) The Council shall be composed of: Composi- tion of the (a) a Chairman who shall be a person conversant with traditional or Council alternative medicine; (b) a legally qualified person from the Attorney General's Chambers; (c) four registered traditional health practitioners of whom one shall be a traditional birth attendant; and 8 No. 23 Traditional and Alternative Medicine 2002 (d) two registered alternative health practitioners. (2) The Chainnan of the Council shall be appointed by the President. (3) The Minister shall appoint other members of the Council. (4) The Vice Chainnan shall be elected from amongst the members of the Council. (5) Every member of the Council shall hold office for three years but shall be eligible for reappointment of another tenn. (6) Procedures of the meetings of the Council shall be as provided for in the First Schedule to this Act. (7) The Council shall regulate tradional medicine remedies, herbal medicine, alternative medicines remedies in a manner provided for in the Third Schedule to this Act. Functions of the

6.-(1) The functions of the Council shall generally be to monitor, Council regulate, promote, support the development oftraditional medicine and to implement the provisions of the Act and in particular: (a) to supervise and control the practice of traditional and alternative health practitioners; (b) to publish newly registered practitioners and other necessary is- sues; (c) to promote the practice oftraditional and alternative health prac- titioners; (d) to hold inquiries for the purpose of this Act; (e) to coordinate the efforts undertaken in different areas as to de- velop traditional and alternative health science; (f) to register and enrol persons who fulfil the requirements; (g) to register and regulate the traditional and alternative health de- livery facilities; (h) to appoint ad-hoc Committees in order to conduct inquiries against certain aides and practitioners; (i) to receive, scrutinize and dispose of reports from the ad-hoc Com- mittee; (j) to promote the maintenance and enforcement of traditional and alternative health care; No. 23 Traditional and Alternative Medicine 2002 9 (k) to protect the society from abuse of traditional and alternative health practitioner and research on human beings; (1) to control the dissemination of information and all advertisement pertaining traditional and alternative medicines; and (m) to regulate and set standards, where possible, for traditional and alternative health material remedies and practices. (n) to provide for the protection of Tanzanian medicinal plants, and other natural resources of medicinal value, such as animals, min- erals, acquatic and marine products including their parts thereof. (2) In the performance of its functions, the Council shall as far as is practicable, maintain a system of consultation and co-operation with other institutions or bodies and the Authority responsible for food, drugs, cos- metics and medical devices on matters relating to herbal drug and herbal medicine. (3) Notwithstanding the provisions of subsection (2), where the con- sultation and co-operation with other bodies or institutions established by or under any other written law requires a memorandum of under- standing, the bodies or institutions concerned m~y enter into an agree- ment for the purpose of implementing functions or objectives, and that the signed memorandum shall have the force of law. (4) The Council, when performing its duties under this Act, particu- larly when issuing instructions or directions in connections to the mat- ters pertaining to the quality, efficacy and safety in herbal medicine and herbal drug, shall consult first with other institutions or bodies and whose functions are related or similar to those specified under this Act.

7. In the performance of its functions, the Council shall have powers to: Powers of the Council (a) caution, censure, suspend from practice or remove from the roll an aide or de-register a tradional health practitioner or alternative health practitioner who has: (i) been found to be guilty of a profession misconduct; (ii) been convicted of a criminal offence or has done anything that has lowered the estimation of the traditional or alterna- tive medicine intergrity; 10 No. 23 Traditional and Alternative Medicine 2002 (b) inspect and scrutinize practising premises of practitioners; (c) grant or refuse to grant recognition of practitioners; (d) remove any member of the Committee and Secretariat; (e) hire and fire; (t) terminate or suspend operation, permit or professional certificate to practice as aide or traditional or alternative health practitioner; (g) revoke permits to premises performing illegal practices; and (h) delegate its powers to the ad~hoc Committee for the purposes of enrollment of aides when the need arise. Standing 8.-( 1) There shall be established three standing committees of the Commi- ttees Council to be known as: (a) Academic Committee; (b) Professional Conduct Committee; and (c) Research and Development Committee. (2) The composition and proceedings of the meetings shall be as provided for in the Second Schedule to this Act. PART III THE REGISTRAR Registrar 9.-{ 1) There shall be a Registrar of the Council who shall be a public of the Council officer appointed by the Minister after consultation with the Council. (2) The Registrar shall be the Secretary to the Council and to its Committees. (3) The office of the Registrar shall be vacant if: (a) he resigns; (b) he is removed from office; and (c) he dies. No. 23 Traditional and Alternative Medicine 2002 11

10.-(1) The functions of the Registrar shall include the following: Functions of (a) to keep and maintain, on behalf ofthe Council, the Register and Registrar rolls of traditional and alternative health practitioners; (b) to make such necessary alterations and corrections in the Register and rolls in relation to any entry as may be directed by the Council; (c) to remove from the Register or rolls the name of any person ordered to be removed, name of a deceased traditional and alternative health practitioner, or any entry which incorrectly or fraudulently entered; (d) to enter into any traditional and alternative health facility for the purpose of inspection as may be directed by the Council; (e) to record all minutes of the Council and the Committees; (f) to keep the seal of the Council; (g) he shall be, subject to the general control of the Council, be responsible for the funds, properties of the Council and for the day to day administration of affairs of the Council, the Secre- . tariat and for the control of the staff of the Council; (h) to implement decisions of the Council; (i) to recommend proposal for the formulation of policies and to implement such policies as adopted by the Council; (j) to establish and maintain relationship with organizations, agencies and institutions as may be appropriate for implementation ofpoli- cies and carrying out of the functions of the Council; and (k) to carry out any other function which may be assigned to him by the Council. (2) The Chairman may, in writing, require the Registrar to submit a report on any matter affecting the affairs of the Council. (3) The Registrar shall, within three months after the end of each financial year, submit to the Council a general report on affairs and ac- tivities of the Council.

11.-(1) There shall be a Deputy Registrar appointed by the Council Deputy Reaistrar who shall be a legally qualified person employed in the Service and whose terms and conditions of appointment shall be as prescribed in a letter of appointment. 12 No.23 Traditional and Alternative Medicine 2002 (2) The Deputy Registrar shall perfonn such duties and assignment as may be directed to him by the Registrar. Secretariat 12.-(1) There shall be established a Secretariat to the Council to assist it in the carrying out of its functions. (2) The functions of the Secretariat shall be: (a) to implement the decisions of the Council; (b) to recommend proposals for the fonnulation of policies of the Council and to implement the policies adopted by the Council, (c) to establish and maintain relationship with organizations, institutions and agencies as may be appropriate for facilitating the implementation of the policies and the carrying out of the functions of the Council; and (d) to carry out other functions as the Council may be direct. Other staff 13.-{ 1) Public officers may be employed or co-opted to the service of the Council. (2) Every public officer employed or co-opted as per sub-section (1) shall, without further assurance, be deemed to be part of the Secretariat of the Council. PART IV REOISTRATION Qualifica- 14.-{ 1) Any person who apply to be registered as a traditional health tions to register or practitioner shall be required to pre&ent to the Registrar any relevant enrol asa identification documents and a written statement from the local govern- traditional met authority within which he is practising Health practitio- (2) An aide to the traditional health practitioner shall be enrolled by neror aide a mere fact that he is a Tanzanian citizen and attached to a traditional health practioner. Qualifica- 15.-(1) Any person who apply to be repstereci as the alternative tionsto health practitioner shall be required to produce' registrar or enrol as (a) any degrees or certificates from I recognized institute; and ahenative (b) any other relevant documents in support thereof. health practioner or aide No. 23 Traditional and Alternative Medicine 2002 13 (2) Any other additional qualification recognized may be consid- ered for approval. (3) An aide to the alternative health practitioner shall be enrolled by a mere fact that he is a Tanzanian citizen and attached to an alterna- tive health practioner.

16. Registration requirements provided for in sections 14 and 15 of Additional this Act, shall include: require- ments (a) filling of application form for respective category of the practis- ing; (b) submission of four photographs; (c) presentation of testimonials; and (d) payment of registration fees.

17. A practitioner shall be registered provisionally for a period of Provi- three years and he shall be issued with a certificate. sional registra- tion

18. A person shall be issued with a certificate of full registration Full according to his category, after: registra- tion (a) fulfilling the requirements provided for under sections 14,15 and 16, as the case may be ; and (b) fulfilling the requirements under the provisions of section 17.

19. A person who is not a citizen of Tanzania and wish to practice Temporary as a traditional or alternative health practitioner may apply and be is- ~~~stra­ sued with a temporary registration certificate if: (a) he has fulfilled all requirements for full registration; and (b) he has affiliated himself with a local institution.

20. A holder of temporary registration certificate shall be required to Conditions renew his certificate after every two years and shall not be allowed to for temporary change his physical address without prior permission from the Council. registra- tion

21. Where the Council is satisfied in relation to any person who is a Letter of authoriza- Tanzanian that such person: tion 14 No.23 Traditional and Alternative Medicine 2002 (a) is registered as traditional or alternative practitioner under this Act; and (b) wishes to move from one region to another or outside the country for the purpose of rendering servioes as such, it may grant a letter authorizing that person to render such services as the Council may specify. Registrar 22. Notwithstanding any provision relating to any applications which to deter- mineappli- may be made under this Act, it shall be necessary for the Reaistrar to cation in detennine any application submitted to him within sixty days and in the sixty days event that any application is not determined as such, it shall be the duty of the Registrar to give reasons for failure to determine the application. Deregistra- tion,

23. Where any traditional or alternative health practitioner who is removal registered provisionally, fully or temporarily under this Act is convicted etc from of an offence or after due inquiry by the Council it is found that he is Register guilty of a professional misconduct, the Council may caution, censure such a practitioner or may order his suspension from practice for a pe- riod as it deems fit or may direct the Registrar to de-register such prac- titioner from the Register. Removal 24.-(1) Where the Council is of the opinion that, a person enrolled from the rolls under this Act has conducted himselfin a manner inconsistent with his position as traditional or alternative health practitioner's aide, it may caution, censure or suspald that person or may de-register his name from the rolls. (2) No enrolled person shall be cautioned or censured or suspended or his name removed from the rolls unless he had first been afforded an opportunity to be heard before an rxi-hoc Committee. Reinstate- 25.-{1) The Council may on its own motion or on the application of ment and re-registra- a practitioner or aide, whose name has been de-registered from the Reg- tion ister or rolls, reinstate the name of that person. (2) Where the name of a person is rtinltated in accordance with the provisioo of subsection (1), the Council may restore the registration or enrolment of such a person and may impose a period of supervision or any other conditions as may be necessary. No. 23 Traditional and Alternative Medicine 2002 15

26.-(1) Any decision of the Council in respect of de-registration, Council to give rea- removal from the Register or rolls, caution, censure or suspension shall sons for its be stated and the reasons given to such an extent which may be nece- decision ssary to enable a person, in respect of whom a decision has been made, to understand the nature of the decision. (2) A decision of the Council shall be notified or communicated to a person concerned by a registered post.

27. A traditional or alternative health practitioner who is aggrieved Appeal to by a decision of the Council refusing registration may appeal to the Min- ::: Minis- ister against such refusal within thirty days from the date of such notifi- cation.

28.-(1) Any person who is aggrieved by a decision of the Minister Appeal to may, within thirty days from the notification to him of the decision, or the High Court within a further period as the High Court may allow, appeal to the High Court. (2) Every appeal referred to under subsection (1) shall be by way of a petition and a copy served on the Registrar and shall state facts and grounds in respect of which an appeal is preferred and be accompanied by a copy of a decision appealed against.

29. Any person registered or enrolled under this Act shall be in Non- adherance breach of professional conduct and personal behaviour if: to the (a) he neglects or disregards professional responsibilities to patients proles- sional in respect of their care and treatment; ethics and etiquettes (b) he abuses professional privileges and skills; ( c) his personal behaviours and conducts are derogatory to the repu- tation of the traditional and alternative health medicine; (d) he disparages his professional colleagues; (e) he associates in his work with unqualified persons; and (t) his conduct would amount to an offence against the law relating to the control of dangerous drugs.

30. Nothing in this Act shall be construed as authorizing any person Dangerous practice to practice: (a) witchcraft; or (b) traditional or alternative health medicine, if that practice is or likely to be daq.gerous to health or life of another person. 16 No.23 Traditional and Alternative Medicine 2002 PART V RIGHTS AND DUTIES OF TRADITIONAL AND ALTERNATIVE HEALTH PRACTITIO- NERS Registered 31. A person registered under this Act as traditional or alternative traditional health practitioner shall be entitled to engage in traditional and alterna- and alternative tive health practice. health practitio- nermay practice Right to 32. Every person registered under this Act as traditional or alterna- claim and tive health practitioner shall be entitled to demand, sue for and recover sue for services in any court reasonable charges for professional aid, advice or visits and rendered the value of any medicine rendered or supplied by him. Entitle- 33. Any person enrolled under this Act as a traditional or alternative mentof health practitioner's aide shall be entitled to engage in traditional or persons alternative health practice only under the supervision of a registered tra- enrolled to practice ditional or alternative health practitioner. Transfers 34.-(1) Where circumstances demand, a traditional or alternative health practitioner shall make transfers to hospitals which are below the district level. (2) Notwithstanding the provisions of subsection (1), the Minister shall in the regulations prescribe the mechanisms fo transfer of patients from one traditional medicine facility by a traditional or alternative health practitioner to another facility. Outyof 35.--(1) It shall be the duty of every traditional or alternative health traditional practitioner registered under this Act to attend and treat their patients and alternative with clear knowledge, skills andlight attitude. health practitio- (2) Every registered traditional or alternative health practitioner shall nerto patients ensure that: (a) he is compatible with the traditional and alternative health pro- fession; (b) his conduct does not amount to professional misconduct; No 23 Traditional and Alternative Medicine 2002 17 (c) his conduct is commensurate to traditional and alternative health ethics and professional etiquettes; (d) he adheres to the secrecy and confidentiality aspects of his patients; (e) he transfers difficult cases to hospitals or other practitioners; (t) he has a good system of keeping records to all cases attended by him; (g) he observes cleanness of himself, appliances used and premises under which the service is rendered. 36.-{ 1) No person registered under this Act as a traditional or alter- Prohibi· native health practitioner shall allow, associate or otherwise cause a per- tion to practice son who is not registered as such to practice as traditional or alternative with health practitioner. unregis· tered persons (2) Subsection (1) shall not apply to an aide. PART VI REGULATION OF TRADITIONAL AND ALTERNATIVE MEDICINE PRACTICE

37.-( 1) The Registrar shall, on behalf of the Council, receive Receipt of complaints against any traditional or alternative health practitioner or complaints by aide and present such complaints to the Council. Registrar (2) Every complaint shall be accompanied by a statutory declara- tion made by a patient, a relative of a patient or any person acting on behalf of a complainant or by a person interested in the act or omission giving rise to a complaint. (3) Notwtthstanding the provisions of subsection (2), the Council may on its own motion initiate any preliminary inquiry on a traditional o r alternative health practitioner or aide if it is satisfied that information received by the Council warrants the holding of preliminary inquiry. (4) Except for complaints made under subsection (3), no inquiry shall proceed until a statutory declaration has been obtained.

38.-( 1) Where the Registrar has received a complaint he shall Prelimi· nary supply to a traditional or alternative health practitioner or aide against Inquiry whom a complaint is made with copies of the complaint and all particu- lars. 18 No.23 Traditional and Alternative Medicine 2002 (2) The Registrar shall require a traditional or alternative health practitioner against whom a complaint has been made to reply to the complaint. Registrar 39.-(1) Where the Registrar is satisfied that a traditional or alterna- to hold prelimi- tive health practitioner or an aide against whom a complaint has been nary filed has not offered sufficient explanation or the reply is such that would inquiry require the holding of an inquiry, he shall conduct a preliminary inquiry. (2) The Registrar shall during the preliminary inquiry, be accom- panied by at least two traditional or alternative health practitioners not being members of the Council to assist him to gather evidence. (3) When the Registrar has completed preliminary inquiry he shall report to the Council, and the Council shall determine whether or not to hold the inquiry. Where no 40.-( 1) Where the Council is of the opinion that, no primaJacie case prima/ade case is es- has been made out against the traditional or alternative health practitio- tablished ner or aide as the case may be, it shall direct the Registrar to inform both parties of the Council's intention not to hold an inquiry. (2) Notwithstanding the provision of subsection( 1), the Council may re-conduct preliminary inquiry where fresh evidence has been availed before it. Procedure 41.-(1) Where the Council is of the opinion that, a prima Jacie case for Inquiry has been made out it shall direct that an inquiry be held in which case, a formal charge shall be drawn by the Registra'l"arhis Deputy. (2) During the inquiry the person against whom the inquiry is being conducted, shall be entitled to appear in person or by an advocate. (3) For the purpose of proceedings during the inquiry: (a) the Chairman shall administer oaths; and (b) the teaa! advisor shall- (i) issue summon. directing the parties to attend and give evidence; (ii) present the case apinst the traditional or alternative health pmchtianer or aids; (Hi) advise the Councion le,atmatters. No. 23 Traditional and Alternative Medicine 2002 19 (4) The Council shall have power to make any such order as to pay- ment by any party of any costs or witness expenses as it may think fit and the order so made shall be enforceable to the same extent and in the same manner as an order for costs made by the High Court. (5) Subject to the rules of practice, Council shall regulate its proce- dure for the conduct of an inquiry.

42. As soon as practicable, after the conclusion of an inquiry, the Notitica- tion and Registrar shall serve notice of !he determination of the Council on the publica- traditional or alternative health practitioner or aide in respect of whom tionof an inquiry was held. decision of the Council

43. Any person who is aggrieved by the decision of the Council in Appeal against relation to an inquiry conducted persuant to the provisions of this Act, decision of may appeal to the High Court within thirty days from the date of the the Council decision against which an appeal is preferred and the provisions of the Act No. 9 Criminal Procedure Act, 1985 shall apply in respect thereof. of 1985 (2) Subject to provisions of the Criminal Procedure Act, 1985, a Act No. 9 ofl985 person aggrieved by the decision of the Minister may appeal to the High Court.

44. A conviction by a court of law against an aide or a traditional or Conduct derogatory alternative health practitioner in respect of an offence which relates to to traditional or alternate health practice shall constitute a prima facie traditional evidence that such an aide or a practitioner's conduct is derogatory to and alternative the reputation of the traditional and alternative health profession. health profession PART VII OFFENCES AND PENALTIES

45.-( 1) Any person who practices as traditional health practitioner or Offence for illegal aide without being registered or enrolled as the case may be under this practising Act, commits an offence and is liable on conviction to a fine not exceed- ing two hundred thousand shillings or to imprisonment for a term not exceeding two years or to both, such fine and imprisonment. 20 No.23 Traditional and Alternative Medicine 2002 (2) Any person who practice as alternative health practitioner or aide without being registered or enrolled as the case may be under this Act, commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not ex- ceeding two years or to both, such fine and imprisonment. (3) In addition to the penalty imposed in pursuance of subsection (1), and (2), the trial court may order that any traditional medicine remedies or diagnostic instruments or appliances used by or belonging to or found in possession of a person convicted, be forteited, destroyed or otherwise dis- posed of. Offence 46. Any person who: for illegal registra- (a) procures or attempts to procure registration or enrolment by; tion (i) making or causing it to be made; (ii)producing any false or fraudulent statement or document; (b) deliberately makes or causes to be made any falsification in any matter relating to the Register or rolls. (c) assists or aids any person to commit any of the acts prescribed under this section, commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term of two years or to both such fine and imprisonment. Penalty for 47.-( 1) Any person who contravenes the provisions of section 19 or contraven- tion of re- 20, commits an offence and is liable on conviction to a fine not exceed- quirements ing one million shillings or to imprisonment for a term of two years or and condi- tions for to both, such fine and imprisonment. temporary registration (2) In addition to the penalty imposed under subsection (1), the trial court may order that any traditional or alternative medicine remedies or diagnostic instruments or appliances used by or belonging to or found in possession of a person convicted, be forfeited, destroyed or otherwise disposed o£ General 48. Any person who: penalty (a) will fully and falsely uses any name or title implying a qualifica- tion to practice as a traditional or alternative health practitioner; or No. 23 Traditional and Alternative Medicine 2002 21 (b) having been summoned by the Council fails: (i) to attend without reasonable cause; (ii) without reasonable cause to produce any book or document which he is required to produce; or (c) refuses, without lawful excuse, to answer any question put to him in the cause of the proceedings of the Council; (d) contravenes any other provisions of this Act, commits an offence and is liable, on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term of one year or to both such imprisonment and fine. PART VIII FINANCIAL PROVISIONS 49.-{ 1) The funds and resources of the Council shall consist of: Funds of the (a) the sums of money as may be appropriated by the Parlia- Council ment; (b) all fees payable under this Act; (c) such donations, grants, bequeaths or loans as the Council may receive from any person or organization; (d) any other moneys legally acquired; (2) The funds and resources of the Council shall be applied for the purposes for which the Council is established and in accordance with the directions ofthe Council. (3) The Registrar shall keep proper audited accounts and other records relating to or in respect of the funds and resources of the Council. 50.-{ 1) The Registrar shall, within a period of three months before Estimates the end of each financial year, prepare and submit to the Council for approval, estimates of income and expenditure of the Council for the next ensuing financial year. (2) Upon approval of estimates by the COWlcil, the Registrar shall forward the estimates to the Minister for approval with or without varia- tion. 22 No.23 Traditional and Alternative Medicine 2002 (3) No expenditure shall be made out of funds of the Council unless any such expenditure has been approved by the Council. Manage- 51. Management of Council's funds shall be in accordance with the ment of Council's Financial Management Manual approved by the Council. funds Remunera- 52.-(1) Members of the Council and the Secretariat shall be paid tion of the members from the funds of the Council such allowances as the Council may of the determine. Council (2) In determining the allowances, the Council shall make provisions for reimbursement of any expenses incurred in connection with the business of the Council. PART IX GENERAL PROVISIONS Indemnity 53. No act done or omitted to be done by the Council, Standing of members Committees or ad-hoc Committee, the Registrar or any other person em- of the powered to perfonn any function under this Act shall, if done or Council, Commit- omitted to be done in good faith during or in the exercise or purported tees performance of any function provided under this Act, render a member R-egistrar of the Council, Standing Committees or ad-hoc Committee, the and other staff Registrar or such any other person personally liable for the matter or thing concerned. Seal of the 54.-( 1) The Council shall have a seal to be kept under the custody of Council the Registrar. (2) The affixing ofthe Seal of the Council on any document shall be authenticated by the signature of the Chairman and the Registrar. (3) A document purporting to be an instrument issued by the Council and authenticated in the manner provided for under sub section (2), shall be deemed to be a valid instrument and admissible in evidence. Minister may make 55.-( 1) The Minister may make regulations generally for the better Regula- tions carrying out of the provisions of this Act. No. 23 Traditional and Alternative Medicine 2002 23 (2) Notwithstanding the provisions of subsection (1), the Minister may: (a) regulate the practice oftraditional and alternative health; (b) prescribe ethics and standards of conduct for the traditional and alternative health practitioners or aides; (c) amend or vary any Schedule to this Act; (d) regulate the sale and storage of traditional and alternative medi- cine remedies. (e) prohibit or restrict the use or sale of any traditional or alternative medicine remedy; (t) establish or strengthen the national medicinal plants databank or compendiums; (g) prepare the national approved list of medicinal plants; (h) regulate the manufacture, importation, exportation distribution and labeling of traditional medicines remedy and other related products. (i) provide regulations for registration of traditional and alternative remedies, methods and equipment; U) provide regulations and prescribe guidelines on matters related to formal training of traditional medical knowledge; (k) provide for use of titles , descriptions, abbreviations and dosages; Act No. I (1) subject to the provisions of the Patents Act, 1987, provide for of 1987 matters related to patenting of traditional medicine inventions. (m) prescribing qualifications, which shall be recognized as entitling the holder to registration or enrolment under this Act; (n) prescribing the conduct of ad-hoc Committees; and (0) prescribing anything which, in the opinion of the Minister, is incidental or conducive to the exercise of the functions and powers of the Council, the Committee or Minister as provided for under this Act.

FIRST SCHEDULE Made under section 5(6) PROCEDURES OF THE MEETINGS Meeting of 1.-( I) The Council shall ordinarily meet at such times and places as it deems necessary for the transaction of its business, but shall meet at least once every three months. Council (2) The Chairman or in his absence, the Vice-Chairman, may at any time call an extra ordinary meeting of the Council, upon a written request by a majority of the members in office; 24 No.23 Traditional and Alternative Medicine 2002 (3) The Chairman, or in his absence the Vice-Chairman, shall preside at every meeting of the Council and in the absence of both the members present shall appoint a member from amongst themselves to preside over the meeting. Absent 2_ If a member of the Council who is a member by virtual of his office is unable for any reason members to attend any meeting of the Council he may nominate another person from his organization to to be represent him in the meeting. repre- sented Quorum 3. The quorum at any meeting of the Council shall be half the members in office. Decision 4.-(1) Subject to sub-section (2), matters proposed at a meeting of the Council shall be de- of the cided by a majority of the votes of the members present and voting, in the event of an equality of Council votes, the Chairman or person presiding over the meeting shall have a casting vote in addition to his deliberative vote. (2) A decision may be made by the Council without a meeting by circulation of the relevant papers among the members and the expression of the views of the members in writing, but any member may require that the decision be deferred and the matter be considered at a meeting of the Council. Minutes of 5.-(1) The Registrar shall record and keep minutes of all business conducted or transacted at meetings the meeting and the minutes of each meeting ofthe Council shall be read and confirmed or amended and confirmed at the next meeting of the Council and signed by the Chairman or person presiding over the meeting and the Secretary. Vacancies, 6. The validity of any act or proceedings of the Council shall not be affected by any vacancy etc, not to among its members or by any defect in the appointment of anyone of them. invalidate proceedi- ngs Council 7. Subject to the provisions of this Schedule, the Council may regulate its own procee-dings. may regulate its own proceedi- ngs 8. Any document purporting to be under the hand of the Registrar as to any resolution of the Proof of Council or as baving been issued on behalf of the Council, shall be receivable in all courts or documents tribunals or other bodies authorized to receive evidence and shall unless the contrary is shown, be deemed, without further proof, to be sufficient evidence of what is contained therein.

SECOND SCHEDULE Made under Section 8 (2) COMPOSITION AND PROCEEDINGS OF THE STANDING COMMITTEES I. The Academic Committee shall be consisted of the following members: Composi- (a) the Chairman; tion of the Academic Commit- tee No. 23 Traditional and Alternative Medicine 2002 25 (b) a member from the Ministry of Science, Technology and Higher Education; (c) a member from the Institute of Traditional Medicine; (d) a member qualified in alternative medicine; (e) two mernbers qualified as traditional health practitioners; (f) a mernber from the Traditional Medicine Unit; (g) a mernber from the Ministry of Education and Culture; and (h) a member from the Ministry's Training Department. 2.-( I) The Professional Conduct Committee shall be consisted of the following Composi- members: tion of the Profes- (a) the Chairman; sional (b) three members qualified as traditional health practitioners; conduct Committee (c) two members qualified as alternative health practitioners; (d) a legally qualified person from the Attorney General's Chambers; (e) a traditional birth attendant; and (f) a member from the Traditional Medicine Unit. (2) The Committee may co-opt any person to attend its meetings but such a person shall not take part in any decision reached by the Committee. 3. The Research and Development Committee shall be consisted of the following members: Composi- tion of the (a) the Chairman; Research (b) a member qualified as a traditional health practitioner; and (c) a member qualified as an alternative health practitioner; Develop- ment (d) a member qualified as a traditional birth attendant; Commi- (e) a member from th.e Botany Department of the University of Oar es Salaam; ttee (f) three members from the Traditional Medicine Institute; (g) a member from the National Institute for Medical Research; (h) a member from the Commission for Science and Technology. (i) a member from the Traditional Medicine Unit; (j) a member from the Authority responsible for food, drugs, cosmetics and medical devices. (k) a member from a pharmaceutical industry. 4.-( I) The functions of the Academic Committee shall be: Functions (a) to determine the category of formal training in traditional and alternative medi- of the cines; commi- (b) to identify and approve training institutions for traditional and alternative medi- ttees cines; (c) to acknowledge the training curricula for traditional and alternative medicines;. (d) to scrutinize, regulate, approve, monitor and evaluate the implementation of CUT- ricula of traditional and alternative medicines; and (e) to make report to the Council. 26 No.23 Traditional and Alternative Medicine 2002 (2) The functions of the Professional Conduct Committee shall be: (a) to promote the maintenance and enforcement of professional traditional and alter- native medicine ethics; (b) to discuss issues related to misconduct, limitations, offences and recommend to the Council for appropriate action; and (c) to report to the Council. (3) The functions of the Research and Development Committee shall be:- (a) to promote science and technology of material aspects oftraditional and alternative medicines; (b) to coordinate research, utilization and information on medicinal plants and other materia medica; (c) to develop guidelines and standards, for traditional and alternative medicines re- search; (d) to recommend the production and utilization of useful medicinal plants and other materia medica; (e) to set standards for remedies, alternative medicines equipment, instruments and machineries; (f) to establish data bank on researched and community based medicinal plants and other materia medica; (g) to liaise with local and international researchers on etlicacy, safety and quality of medicinal plants and other materia medica; (h) to liaise with local and external industries on issues relating to the production of herbal medicines and other material medica; and (i) to report to the Council. Tenure of 5.-( I) The Council shall appoint all members of the Standing Committees. otlice (2) Every member shall, unless his appointment is sooner terminated by the Council or he ceases in any other way to be a member, hold office for a period of three years but shall be eligible for reappointment. (3) Any member appointed by virtue of his office shall cease to be a member upon ceasing to hold such office. (4) The Committee may co-opt any person to attend its meetings but such a person shall not take part in any decision reached by the Committee. Appoint- 6.-( I) The Chairmen for the Committees shall be selected by the Council from amongst its ment of members. Chairman and Vice- (2) The Vice-Chairmen shall be selected by the respective Committees from amongst its mem- Chairman bers; Meetings 7.-( I) Every Committee shall ordinarily meet at such times and places as it deems necessary for transaction of its business, once after every three months. (2) The Chairman or in his absence, the Vice-Chairman may at any time call an extra ordinary meeting upon a written request by a majority of the members in office. No. 23 Traditional and Alternative Medicine 2002 27 (3) The Chairman or in his absence, the Vice-Chairman, shall preside at every meeting of the Committee and in their absence, the members present, shall appoint a member from amongst themselves to preside over the meeting. 8. The quorum at any meetings of the Committees shall be half of the members in office. Quorum 9. All matters proposed at any meeting of the Committees shalI be decided by a majority of Decision votes of members present and voting and in the event an equality of votes, the Chairman or a of the person presiding over the meeting shall have a casting vote in addition to his deliberative vote. Commi- ttees I O.-{ I) The Registrar shall record and keep minutes of all business conducted or transacted at Minutes of the meetings and the minutes of each meeting shall be read and confirmed or amended and con- meetings firmed at the next meeting and be signed by the Chairman or person presided over the meeting and the Secretary. (2) Any minutes purporting to be signed by the Chairman or person presiding over the meet- ing and the Secretary shall in the absence of proof of error be deemed to be a correct record of the meeting whose minutes they purport to be. 11. Subject to the provisions of this Schedule, the Committees may regulate their own pro- Commi- ceedings. ttees may regulate its own proceeding

THIRD SCHEDULE Made under section 5(7) REGULATION OF TRADITIONAL MEDICINE REMEDIES, HERBAL MEDICINE AND ALTERNATIVE MEDICINE REMEDIES. I. The Council shall, for the purpose of better carrying out of the provisions of this Act: (a) regulate alternative medicine remedies, methods and appliances; (b) regulate traditional medicine remedies in order: (i) to regulate local marketing of traditional remedies; (ii) to guarantee safe use by the population; (Hi) to ensure that the sale of remedies is not done outside a region under which he practices without approval of the Council; (c) regulate herbal medicine and other traditional medicine practices; (d) to enforce registration of traditional and alternative medicine facilities; and (e) regulate importation and exportation of traditional medicine remedies, herbal medi- cine and alternative medicine remedies. (t) to protect medicinal plants grown within the country.; (g) to manaae traditional medicine remedies at the practioner's level; and (h) to provide for sustainable management, utilization and development of material medi- cal used in traditional medicine, mostly plants. 28 No. 23 Traditional and Alternative Medicine 2002 Other 2.-( I) The Council may J'eIl.Ilate any other activities related to the regulation of traditional activities medicines. (2) The Minister may set fees and charges as he deems fit, for various services rendered under this Act. Pass<4 m fue National ABS=bIY=.=~.:~.:~;jo02. a .... , Clerk of the ational Assembly PRINTED BY THE GOVERNMENT PRINTER, OAR ES SALAAM· TANZANIA