Public Health Authority Act, 2013 (No. 7 of 2013)

1. Short title and commencement

2. Interpretation PART II - PUBLIC HEALTH AUTHORITY

3. Establishment of the Public Health Authority

4. Objects of the Authority

5. Functions of the Authority PART III - BOARD OF THE AUTHORITY

6. Establishment and composition of the Board PART IV - PUBLIC HEALTH COMMISSIONER

7. Appointment of the Commissioner

8. Termination o[the Commissioner

9. Persons appointed to act during the absence of the Commissioner . O. Delegation of powers II. Appointment/designation of public health officers PART V - REGISTRATION

12. Certificate of registration

13. Registration by the Authority

14. Application for registration

15. Payment of registration fee

16. Decisions of the Authority 344 Supplement to OfJicial Gazette [28th October 20131

17. Infommtion to the Authority

18. Suspension or revocation of registration

19. Closure of premises and seizure of materials, equipments, etc.

20. Closure notice

21. Release from closure notice PART VI- PUBLIC HEALTH APPEALS BOARD

22. Appeal

23. Establishment and composition ofthe Public Health Appeals Board

24. Decisions of the Appeals Board PART VII - FINANCIAL AND OTHER PROVISIONS

25. Funds of the Authority

26. Annual Financial Statement

27. Statement of accounts

28. Annual RepOlts PART VIII- OFFENCES

29. Solicits, advertises etc. without valid Registrations

30. Failure to comply with conditions of Registrations

31. Failure to comply with closure notice

32. Failure to furnish infonnation

33. Disclosure of information PART IX - MISCELLANEOUS

34. Staff of the Authority

35. Protection of action taken in good faith 36 Application of provisions of the penal code

37. Regulations

38. Savings and Transitional [28th October 20 I3] Supplement to Official Gazette 345 FIRST SCHEDULE List of Public Health Laws SECOND SCHEDULE Health related products THIRD SCHEDULE Procedures of the Board FOURTH SCHEDULE Health professional practices FIFTH SCHEDULE Health related practices [28th October 2013) Supplement to Official Gazette 347 PUBLIC HEALTH AUTHORITY ACT, 2013 (Act 7 ar2013) 1 assent

1. A. Michel President 18th Octabel; 2013 AN ACT to establish the Public Health Authority to regulate and monitor health related services, and the establishment of the Public Heaith Authority Board and the Appeals Board, their functions, powers and procedures and for matters connected therewith or incidental thereto. ENACTED by the President and the NationalAssembly. PART 1- PRELIMINARY

1. This Act may be cited as the Public Health Authority Short title and commencement Act, 2013, and shall come into operation on such date as the Minister may, by notice published in th,: Official Gazette, appoint. 348 Supplemellt to Official Gazette [28th October 2013] interpretation 2. In this Aet "Appeals Board" means Public Health Appeals Board established under section 23( I ); "Authority" means the Public Health Authority established under section 3; "Board" means the Pubic Health Authority Board established under section 6; "Commissioner" means the Public Health Commissioner appointed under section 7( I); "health professional practices" means health professional practices specified in the Fourth Schedule; "health related practices" means health related practices specitled in the Fifth Schedule; "health related services" means health professional practices and health related practices; "Minister" means the Minister responsible for Health; "ollleer" means a pubhc health officer appointed or designated under section 11; "premises" means any building, house, room or structure, where - Ii! any health professional practice is carried on by a person whether himself or herself, an employee or an agent; (ii) any part of a dwelling used for the purposes of carrying on any health related services; "registration" means the registration of health professional practices or health related practices; [28th October 2013] Suppiell1enllO Official Gazelle 349 PART 11- PUBLIC HEALTH AUTHORITY

3.( I) There is hereby established [Clf the purposes ofthis Establ ish11lcnt (If Public Act a Public Health Authority. Health AutborilY (2) The Authority shall bc a body corporate having perpetual succession and a common seal and may sue and bc sued in its corporate name. (3) The Authority shall monitor, evaluate and ensure efficient operations of the Public Health laws listed in the First Schedule. (4) The Minister may give directions in writing to the Authority ou matters of policy and general administration.

4.( I) The objects of the Authority arc to regulate, monitor Amendment and evaluate all health rela ted services and to ensure they of Act 23 of 200k adhere to good practic,~s in the interest of the gencral public. (2) In pursuing the obj eclives, the Authority shall (a) ensme that the provisions of the health related services. both in the public and private sector, meet the requirements and standards set out in the relevant la ws relating to public health; (b) cm;ure that all practices delivering health rei ated services: are registered; (c; act as the princ,iple inspectorate for all health rc lated services for regulatory purposes; (d) cllsure the promotion cr preventive health SI ~rvlces; (c) e l1sure lhe prt:\ cnt1i)j1 and t:JlilTgcncc of , 'ector borne disea scs; 350 Supplement to Official Gazette [28th October 2013] (f) ensure the promotion of food safety and standards; (g) ensure that phannaceutical and medicinal products imported into Seychelles are of acceptable quality and meet the required standards; (h) ensure comprehensive and integrated disease surveillance to prevent and control disease outbreaks; (i) ensure that health research confonn to the highest scientific and ethical standards. Functions of 5. The functions oftheAuthority shall be to the Authority (a) plan and coordinate investigations related to disease outbreak; (b) provide epidemiological and statistical support to public and private health related service providers; (c) provide pre and in-servIce occupational screening and testing facilities for local and foreign workers; (d) provide public health laboratory services for surveillance, disease outbreak investigations, , chemical, toxicological analysis and coordinate with overseas laboratories; (e) monitor and provide strategic and operational directives for occupational health and safety: (f) monitor all publ ic health programmes; (g) unde. ;,:~kr.:: rcst.'i:lfi.,:11 (It; ..:n\ irnnmcfllaJ eXp(Ku:re~ related to he':') 1;-11: [28th October 2013] Supplement to Official Gazette 351 (h) regulate the health related services and the sale of health benefit products; (i) formulate and operate schemes of service in consultation with the Department of Public Administration; (j) provide and monitor the standards of the health related practices; (k) approve administrative and operational procedures; (I) inquire into complaints, allegations of negligence, misconduct and malpractice in any health related services and take appropriate action in respect thereof; (m) approve for export products listed in the Second Schedule; (n) provide advice and make recommendations to the Minister on matters related to puhlic health. PART III - PUBLIC HEALTH AUTHORITY BOARD

6.( I) The Authority shalt be administered hy a Board Establishment known as the Public Health Authority Board consisting of not and compositIOn less than five members appointed by the President by notice in ufthe Board the Gazcttc. on such tcrms and conditions as the President may determine. (2) The President shall appoint the Chairperson and Vice-Chairperson from amongst the members of the Board. (3) A person appointed as a Memher of the Board shall have experience in legal, administrati'~, public health or financial matters. 352 Supplement to Official Gazette [28th October 2013] (4) The Third Schedule shall have effect with respect to the procedures ofthe Board. PART IV - PUBLIC HEALTH COMMISSIONER AppointHlent 7.( 1) The President shall appoint a Publie Hcalth of the Commissioner Commissioner who shall be a medical officer. on such tenns and conditions as the President may determine. (2) The Commissioner shall be appointed for a term of 3 years and be eligihle for re-appointment. (3) The Commissioner shall be responsible for the implementation of the decisions of the Board and for carrying out the day-to-day management and administration of the Authority. (4) The Commissioner shall act in accordance with such directive as he or she may receive. as the Board may assIgn. Tt:nninatiol1 8.( 1) The Presiden!; may terminate the appointmcnt of the of the ('ommissiollcr Commissioner, if thc Commissioner is (a) convicted of an offence and is sentenced to a term of imprisonment of3 months or more; (b) mentally or physically incapable of carrying out the functions under this Act; or (c) absent from duty for 30 consecutive days without the prior written pennission of the Nfinj~tcr. (2) The Commissioner whose appointment is terminated under subsection (l) may appeal to the Supreme Court or to a review forum provided for by regulation, under this Act. [28th October 2013] Supplement 10 Oflicial Gazelle 353 (3) The Commissioner may resign by giving three months notice in writing to the President.

9.( I) The President may appoint a person to act in the f>crsuns ot1iec of the Commissioner, during appointed to act during th~ absence Oflhc (a) the vacancy in that ot1ice; or COlnmlSS!0nt."f (b) any period in which the person holding that ot1ice is unable to perfonn the functions of thatot1ice. (2) The person acting in the office ofthe Commissioner shall perfonn all the duties of the Commissioner under thisAet. (3) The validity of anything done by or in relation to a pcrS<ll1 purpot1ing to act in the office ofthe Commissioner shall not be called in question on the grounds that·- (a) the occasion for the appointment had not ansen; (b) there was a detect or irregularity in or m connection with the appointment; or (c) the appointment had ceased to have cl1ect.

10.( I) The Commissioner may, generally or otherwise Delegation provided by the instrument, delegate all or any of the of po we," Commissioner's powers or fimetions other than the power of delegation. (2) Subject to subsection (3), any powers or functions so delegated. when exercised or performed by the delegate, "hall be deellled to have been exerei,;cd or performed by the ( '0111t1l1SSlOner. I."ll Adelegation under this section does notprevont t~e l,AV.l\..I;'1.: 'uJ d powel or the pL:irOrmall~.? of;:1 htn(:ljon by the Coml11i~)si,)ner, 354 Supplement to Official Gazette [28th October 2013] Appointment! 11.(1) The Commissioner shall appoint public health designation of officers and may designate other officers to perform the Public Health Officers functions of the public health officers as the Commissioner thinks fit for the purpose oftbis Act. (2) The public health officers and other officers designated shall act in co-operation with the Commissioner and shall be guided by the Commissioner in the performance of the functions under this Ac t. PART V _. REGISTRATION Certificate of 12. Notwithstanding any provision in any other Act, a Registra!;on person shall not- (a) engage In or carry on any health related servIces; (b) keep or manage any premises relating to health related services, without a certificate of registration granted by the Authority under this Act. Registration 13. The Authority shalt - by the Authority (a) register all health related services for the purpose of promoting and upholding the highe'"t pos sible standards of their practices; (b) grant certificat e of registrations on the basis of clearJ y defim~d and transparent criteria; (c) ensure that a holder of a certificate of registr: Ition complies with the conditions set out in I he appendix oHhe certificate; (d) keep :' ~"7i~ter of all the certificates of regi:-.1 'di,,:,d grat ted, revoked, sllspended or varic j [28th October 2013] Supplement to Official Gazette 355

14. An application for registration shall be made to the Application Authority in the form and in the manner prescribed by for Registration regulations.

15.( I) Where a registration is granted under this Act Payment of registration fee (a) for a period of one year, the registration fee for that year, shall be paid prior to the grant of the registration; (b) for a period in excess of one year - . (i) the registration fee for the whole period shall be paid prior to the grant of the registration; or (ii) the registration fee for the first year of the period shall be paid prior to the grant of the registration; and (iii) the registration fee for each year subsequent to the first year shall, subject to paragraph (c), be paid on or before the beginning of each subsequent year. (c) the Authority may permit the holder of the registration to pay the registration fee in such installments as may be determined by the Authority. (2) Where the holder of a registration fails to pay the registration fee or any installment in accordance with subsection (I), the registration shall cease to be valid on the date the fee or the installments of the fee is due, without prejudice to the right of the Authority to recover the fee or installment due on the date the registration ceased to be valid.

16.( 1) Where a registration is requireJ under this Act, the Decision of Authority may~ the Authority 356 Supplement 10 ()tficial Gazette [28th October 2013] (a) grant or renew a certificate of registration; (b) vary the conditions of a certificate of registration; (c) suspend a certificate of registration; or (d) rcvoke a certificate of registration. (2) Where the Authority deems it expedient or necessary, it may consult any other public authority prior to exercising its powers under subsection (I). Infonnation 17.( I) The Authority may, in the exercise of its functions to the Authority underthisAct-- (a) require any person to furnish any information or any matters relating to a registration; (b) request a person to appear before the Authority to answer questions and to produce such documents as the Authority may specify. (2) The Authority may. appointor nominate any person or any public authority to inquire and report on any matter relating to the -- (a) application for a registration; (b) alleged breach of any condition of a . certificate of registration; or (c) renewal, revocation or suspenSiOn of a registration. Suspension 18.(1) The Authority may revoke or suspend a or revocation registration, where the Authority is satisfied upon such inquiry of under section 17 (2) thatthe holder ofthe registration has-- Registration (a) furnished false, misleading or inaccurate init)nnation; [28th October 2013] Supplement to Offlcial Gazette 357 (b) concealed or failed to disclose a material fact in the application; or (c) contravened any written law or any condition of the certificate of registration. (2) The Authority shall, prior to the decision to refuse an application, suspend, revoke or refuse a renewal of registration, give the applicant or the holder of the registration an opportunity to show cause against the proposed decision. (3) The Authority may revoke a registration where the holder of a registration is convicted of an ofIe nee under thisAct or any other law which disqualifies the person, upon conviction, from holding the certificate of registration.

19.( I) Where the Commissioner has reasonable grounds Closure of to believe that any activity, relating to any health related premises and seizure of services is bcing carried out in breach of this Act or any materials, condition of the certificate of registration in any premises, equipment vehicle or vessel and having given the holder of the certificate of registration an opportunity to show cause, order-- (a) the closure of the premises in which such health related service is carried out; and (b) seize any materials, equipments, goods, vehicles or vessels. (2) The Commissioner may call for the assistance of an officer to perform any function in carrying out any order under subsection (I). (3) An officer so authorised under subsection (2) may, where the officer has reason to believe that an offence under this Act has been, or is being, committed- (a) enter and examine any premises, vehicle or vessel; 358 Supplement to Official Gazette [28th October 2013] (b) call for and examine any certificate of registration, books or other documents; (c) take copies of or extracts from any book or documents or any entry of the book or documents. (4) An officer shall, if so requested, produce the officer's authority to exercise powers under this section. Closure 20.(1) In the exercise of the powers under section 19, Notice where the Commissioner orders the closure of any premises, the officer shall affix a copy of the closure notice in a conspicuous part ofthe premises. (2) A closure notice so affixed shall be deemed to be a notice to all persons that the premises are the subject of a closure order. (3) A person shall not interfere with a closure notice or open or allow to be kept open any premises at any time while a closure order is in force in respect of those premises. Release 21. Where any premises have been closed or any from closure material equipment, goods, vehicle or vessel has been seized notice under section 19 and no prosecution in relation to the premises, materials, equipments, goods, vehicles or vessels has been instituted within 60 days after the closure or seizure- (a) the premises shall be released from closure; and (b) any material, goods, equipment, vehicle or vessel shall be released to the person from whom they were seized. PART VI - PUBLIC HEALTH APPEALS BOARD Appeal 22. Any person aggrieved by a decision of the Authority may, within 28 days from receipt of notification of the decision appeal to the Appeals Board, in the form and in the manner prescribed by regulations. [28th October 2013] Supplement to Official Gazette 359

23.( I) There shall be established a Public Health Appeals Estabbshtncnt and Board to hear and determine appeals against the decisions of t.'omposi1 ion of the Authority. Puo!ic Heahh Appeals Board (2) The Appeals Board shall consist of the followin'._ members appointed by the President·-· (a) a representative of the Altorney General; (b) a representative of a civil society organization; (c) a health professional from the Government health services. (3) A person appointed as a Member of the Appeals Board shall have experience in legal. administrative, public health or financial matters. (4) The Members of the Appeals Board shall be appointed on such terms and conditions as the President may detennine. (5) The Members of the Appeals Board shall hold office for a period of three years and be eligible for re- appointment (6) The Members orthe Appeals Board shall elect from amongst themselves a Chairperson. (7) The President sball at any time terminate the appointment of a Member who has been found guilty of (a) any misconduct default or breach of trust in tbe discharge oflhe Mcmher', dllties; or Ih) <~p nf.f,?:o~·~ ,"'>-F <':y,h .... ? ...,. ... ? T' :-::":1~le~" it Jc~irdhk th~n the fvlunbc''( :; :.-rprpln1nh'p~ i)t' terminated. 360 Supplement to Official Gazette [28th October 2013) (3) The Appeals Board shall regulate its own proceedings. Decisioll of 24. The Appeals Board, where it entertains a notice of the Appeals Board appeal,may (a) confirm the decision of the Authority; (b) vary the decision of the Authority; (c) set aside the decision ofthc Authority; or (d) remit the matter to the Authority for reconsideration of its decision. PART VII - FINANCIAL AND OTHER PROVISIONS Fund 25.( 1) The Authority shall have its own fund whieh Oflhc AUlhoriiy subject to the provisions of this Act, be administered in the same manner and in accordance with the same procedure applicable to funds of the public service from which all payments by the Authority shall be made. (2) The Fund of the Authority shall consist of····· (a) moneys allocated by an Appropriation Act and paid to the Authority; (b) moneys received by the Authority by way of grants, donation, gi fts from any legal sources whether domestic or foreign; and (c) moneys lawfully received by the Authority n)r The purpose of the Authority. en The F'.mti oflhe ..\uthority lllay he applied, forthe·- (;l) p:t,!llh.:nb~)f dlsch:.:.r:;'~ 01 d:bL;:" C.~rcr1S(~ :C:lld ether obligatioJls of the AuthOrity: [28th October 2013] Supplement to Official Gazette 361 (b) payment of emoluments, fees and allowances payable to the Chairpersons, Members of the Board and Appeals Board, staff of the Authority; and (c) any other expenses as may be authorised by the Board. (4) The Authority may spend such sums of moneys as it thinks tit for performing its functions under this Act and such sum of moneys shall be treated as expenditure payable out of the funds oftheAuthority.

26.( 1) The Authority shall maintain proper accounts and Annual other relevant records and prepare an annual statement of financial statement accounts in the form and in the manner as approved by the Auditor-General. (2) The accounts of the Authority shall be audited by the Auditor General in accordance with Article 158 of the Constitution. (3) The Authority shall prepare, in each financial year, an annual financial statement for the next financial year showing separately--- (a) the expenditure which is proposed to be met from the internal sources ofthe Authority; and (b) the sum required from the government to meet other expenses distinguishing revenue expenditure from other expenditure.

27. Where the accounts and statement of accounts of Statement of accounts the Authority in respect of any financial year have been audited, the Authority shall furnish to the Minister a copy ofthe statement together with a copy of any report by the Auditor- General on the statement of accounts or on the accounts of the Authority. 362 Supplement to 0tlicial Gazette [28th October 2013] Annual 28. The Authori ty shall prepare once every calendar repnrt year, in such form and within slIch time as may be prescribed, an annual report giving full account of its activities during the previous year and forward copies together with the statement of account audited under section 26 to the Minister and the Minister shall cause the report to be tabled before the National Assembly. PART VIII - OFFENCES Solicits, 29. Any person who without a valid certificate of advertises etc registration solicits, advcliises. invites or offers any health without valid registration related services commits an offence and on conviction shall be liable to a line not exceeding SCRIOO,OOO or a term of imprisonment not exceeding 3 years. or both such fine and imprisonment. Fallure to 30. A person who contravenes any conditions of a comply with conditions of certificate of registration commi ts an offence and on registration conviction shall be liable to a fine not exceeding SCR50.000 or a term of imprisonment not exceeding 2 years, or both such fine and imprisonment. Failure to 31. Any person who without reasonable excuse enters, comply with opens or allows any premises to remain open in respect of closure notice whieh a closure notice is in force or interferes with the closure notice commits an offence and on conviction shall be liable to a line not exceeding SCRIOO.OOO or imprisonment not exceeding 3 years, or both such fine and imprisonment. Failure to 32.( 1) Any person who without lawful authority or furnish information reasonable excuse- elc (a) willfully fails to furnish information when required to do so by the Authority; (b) willfully fails to comply with notices issued by or any order made by the Authority; [28th October 2013] Supplemellt to Otficial Gazette 363 (c) knowingly gives false evidence before the Authority; (d) willfully obstructs an officer, employee or agent 0 r the Authority exercising ary functions under this Act; or (e) acls in contempt ofthe Authority, commits an offence and on conviction shall be liable to a fine not exceeding SCR25,OOO or a term of imprisonment not exceeding I year, or both such fine and imprisonment.

33. Any person who without lawful authority or l)ist.:loSllre reasonable excuse communicates to another person of illJi)rmafion information which the person has acquired while acting as a Member, officer, employee or agent of the Authority commits an offence and on conviction shall be liable to a tine not exceeding SCR20,OOO. PART IX - MISCELLANEOUS

34. The Authority may on such terms and conditions as Staff of the Authority it thinks fit employ otIieers and other staffas may be necessary taking into account the procedures applicable to employees of public bodies.

35. Any suit or other legal proceedings shall not lie Protection of against the Authority, Chairpersons, Vice-Chairperson. act mil tak.en in good faith Members of the Boards, oftlccrs or other employees of the Authority for anything done or intended to be done in good faith in pursuance ofthisAet

36. The Commissioner, Chairpe",ons, Vice- ArrJicati\\n Chairpersons, Members of the Boards, omeers and employees of pwvi~i\ln~ of th..: p~'naJ of the Authority shall be deemed to be public servants within C!lde 1h~ meanifl?" of~('ctir\11,", q 1. tn qA "fth~-. P!?P1l (~{)~" The MinistcrmaYllldke regu!'J;Hll1"l 364 Supplement to Official Gazelle [28th October 2013] (a) foramendingthe Schedules; (b) for fonns and the manner and fees required under this Act; (c) for procedures relating to Appeals; (d) for the proper and efficient administration of thisAct; (c) for any matters which are required to b, prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act. Savings and 38. Upon the commencement ofthis Act Transitional (a) any licences for activities, professions or practices referred to in the Fourth Schedule and the Fifth Schedule granted by the appropriate body prior to the commencement of this Act shall continue until they are amended or annulled hy regulations made under this Act; (b) all debts, obligations and liabilities incurred and all contracts entered into and all matters and things engaged to be done with or for thf government prior to the commencement of this Act, shall be incurred by the Authority and the Authority shall use all powers necessary to take possession of, recover and deal with such assets and discharge such liabilities; (c) otlicers and other employees of the Public Health Department, ernploved prior to the cornmenc;~mcnt of this ACt shaH b~ deemed to be (lUkers and employees of the Authority [28tb October 2013] Supplement to Official Gazelle 365 on conditions no less favourable tban those subsisting immediately prior to the commencement ofthisAct; (dl all acts done, decision taken, authorisation or pennission granted by the Public Health Commissioner, officers or employees under the Public Health Act 1960 ,wbich were validly done, taken, granted under any written law prior to the commencement of this Act shall continue to have efTect in accordance with their terms until amended, annulled, withdrawn by regulations made under this Act or in accordance with any written law: (e) any suits or other legal proceedings pending or have been instituted by or against the Government immediately prior to the commencement of this Act shall be continued or instituted as if the Authority was a party thereto as from the commencement ofthis Act: (I) any movable property vested in the Government immediately prior to the commencement of this Act used and managed by the Public Health Department shall be transferred and vested in the Authority at the commencement of this Act

FIRST SCHEDULE List of Public Health Laws Section 3 (3) I. Control of Slaughtering of Cattle Aet (Cap 48) 2. FoodAct (Cap 83) 3. Health Professionals Aet 2006 366 Supplement to Official Gazette [28th October 2013] 4. MalariaAct (Cap120) 5. Mental Health Act (Cap 127) 6. Pharmacy Act (Cap 169) 7. Pesticides Control Act (Cap 164A) 8. PublicHealthAct (Cap 189) 9. Tobacco Control Act, 2009 10. Quarantine Act (Cap 197)

SECOND SCHEDULE HEALTH RELATED PRODUCTS 1. Human tissues in any form including blood and blood products 2. Biological samples 3. Re-export pesticides 4. Re-export medicines

THIRD SCHEDULE Section 6 (4) Procedures of the Board 1. The Chairperson, Vice-Chairperson and Members of the Board shall hold office for a period of three years and be eligible for reappointment, but shall not be eligible to hold office for more than two terms. [28th October 2013] Supplement 10 Official Gazelle 367 2.( 1) The President shall at any time terminate the Tcnnination appointment of the Chairperson, Vice-Chairperson or a of Board Members Memberwho-- (a) has been found guilty of any misconduct. default or breach of trust in the discharge of any duties; (b) is convicted of an offence and sentenced to a term of imprisonment of three months or more; (c) is mentally or physically incapable of carrying out the functions under this Act; or (d) is absent from 3 consecutive meetings without the prior permission of the Chairperson and in the ease of the Chairperson, the Minister. (2) The Chairperson, Vice-Chairperson or any Member of the Board may resign by giving three month's notice in writing to the President and on such resignation being accepted, the Chairperson, Vice-Chairperson or any Member shall be deemed to ha ve vacated thc office. 3. The Board shall meet at least 6 times in a year, nOl less than once in every two months, and at stich other times as the Chairperson may determine. 4. Three Members of the Board shall constitute a quorum for a meeting. 5. Where berme the expiry of the ,erm of office of the Chairperson, Vice-Chairperson or any Member. a vacancy arises, for any reason, the person appointed to fill such vacancy shall hold office for the unexpired period of the tenn for which his or {lLf PI'CfiCCCSSUf iB the Jtri~'~ .\'0:.1;; i:.h-: ;}f.::L.j U;T1C( ;~' .such vacancy had not arisen. 368 Supplement 10 Ojjiciai Gazette [28th October 2013] 6. The Chairperson or, in the absence of the Chairperson the Vice-Chairperson shall preside at any meeting of the Board, and in the absence of the Chairperson and the Vice-Chairperson any Member elected by the Members present shall preside at the meeting of the Board. 7. The decision of the Board shall be decided by a majority of votes of the Members present and voting, in the event of an equality of votes the Chairperson or the Vice- Chairperson or the Member presiding shall have a second or casting vote. 8. The Board may co-opt any person to attend its meetings and participate in its deliheration on any matter and such persons shall not have the right to vote on the matter to be decided by the Board. 9. The Chairperson, Vice-Chairperson and Member of the Board who has direct or indirect financial, personal or other interest in any matter which is to be discussed at the meeting of the Board and which entails or may entail a conflict of interest, shall-· (a) disclose the nature of such interest before or at the meeting ofthe Board; and (b) not take parI in any deliberation or decision ill respect ofthat matter or vote therein. 10.( I) The Director of the Registration and Regulatory Unit shall be the secretary ofthe Board. (2) The secretary shall, snbject to the control and sllpervision of the Board, exercise such power and discharge such functions as the Board may delegate. 1t. Where a matter requires a decision of the Board and it is not convenient or possible for the Board to meet to [28th October 2013] Supplement to Official Gazette 369 determine the matter, the secretary shall circulate the papers regarding the matter to all Members for consideration and decision or approval and if the Members unanimously approve a decision or resolution by a signed declaration the decision or resolution shall have the same effect as a decision or resolution passed at a meeting of the Board. 12. Subject to this Act, the Board shall regulate its own proceedings.

FOURTH SCHEDULE HEALTH PROFESSIONAL PRACTICES 1. Audiology 2. Biomedical Laboratory 3. Clinical Psychology 4. Dental Practice 5. Emergency Medical Practice 6. Medical Practice 7. Nutrition 8. Occupational Therapy 9. Optometry 10. Pharmacy 11. Physiotherapy 12. Radiography 13. Speech therapy 370 Supplement to Official Gazette [28th October 2013]

FIFTH SCHEDULE HEALTH RELATED PRACTICES 1. Acupuncture 2. Health Shops 3. Homeopathy 4. Reflexology 5. Hypnotherapy 6. Hydrotherapy 7. Aromatherapy 8. Massage Therapy 9. Manipulative Therapy 10. Osteopathy 11. Energy Therapy 12. Colour Therapy 13. Practice of invasive procedures I certify that this is a correct copy of the Bill which was passed by the National Assembly on 8th October, 2013 . .2.£J1. ~.~.{~ Azarel Emesta Clerk to the National Assembly