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
to hold
prelimi-
nary
inquiry
39.-(1) Where the Registrar is satisfied that a traditional or alternative health practitioner or an aide against whom a complaint has been
filed has not offered sufficient explanation or the reply is such that would
require the holding of an inquiry, he shall conduct a preliminary inquiry.
(2) The Registrar shall during the preliminary inquiry, be accompanied 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
prima/ade
case is established
40.-( 1) Where the Council is of the opinion that, no primaJacie case
has been made out against the traditional or alternative health practitioner 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
for Inquiry
41.-(1) Where the Council is of the opinion that, a prima Jacie case
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.