Proposed law to ensure high standard of safety and quality is practised
PETALING JAYA: The Health Ministry is working on a new law to regulate private Traditional and Complementary Medicine (TCM) facilities.
According to the ministry’s Traditional and Complementary Medicine Division, the proposed regulation will also close the regulatory gap in existing laws.
It has opened public consultation for the law, which is now in the pre-drafting stage.
Currently, there are two laws that apply to the sector.
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The Private Healthcare Facilities and Services Act regulates modern medical facilities, clinics and hospitals while the other is the Traditional and Complementary Medicine Act, which regulates the practice and practitioners of TCM.
Additionally, the Guidelines for TCM Healthcare Facilities and Services were launched in 2024 to promote voluntary self-regulation.
In the division’s public consultation paper, it noted that none of these laws provided for the specific regulation of private facilities where TCM services are offered.
“This new Bill is therefore essential to close this specific gap, ensuring that the entire TCM ecosystem, both the practitioner and the premises, upholds a high standard of safety and quality,” according to the document sighted by The Star.
The proposed Act will assist in the integration of TCM as a respected and reliable component of Malaysia’s national healthcare system; unlock the economic potential of the sector; and position the country as a highly professionalised TCM services hub.
It will also help in elevating the local TCM industry to meet international standards, boosting public and tourist confidence.
The new law will regulate licensing and standards where all facilities must obtain a licence to operate based on compliance with minimum standards for premises, equipment and hygiene.
It will also require facilities to have proper patient records, informed consent procedures and adherence to infection control protocols.
Facilities will also have to adhere to guidelines on ethical conduct and restrictions on advertising to prevent misleading or unsubstantiated claims.
“The Health Ministry will conduct inspections and enforce compliance with penalties for non-compliance,” read the paper.
The consultation is aimed at TCM practitioners, TCM professional associations, managed care organisations, and the public and patients utilising TCM services.
It also includes consumer protection groups, academics and researchers in health policy, as well as ministries and government agencies involved in regulation and enforcement.
Traditional medicine practitioners are required to be registered with the Health Ministry.
Under the Traditional and Complementary Medicine Act, individuals who practise TCM without a valid certificate, or who do not display their certificates, may be subject to a fine not exceeding RM10,000, imprisonment for a period not exceeding three months or both.
