TRADITIONAL AND ALTERNATIVE MEDICINES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
ESTABLISHMENT OF THE COUNCIL

   4.   Establishment of the Council.

   5.   Composition of the Council.

   6.   Functions of the Council.

   7.   Powers of the Council.

   8.   Standing committees.

PART III
THE REGISTRAR

   9.   Registrar of the Council.

   10.   Functions of Registrar.

   11.   Deputy Registrar.

   12.   Secretariat.

   13.   Other staff.

PART IV
REGISTRATION

   14.   Qualifications to register or enrol as traditional health practitioner or aide.

   15.   Qualifications to register or enrol as an alternative health practitioner or aide.

   16.   Additional requirements.

   17.   Provisional registration.

   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.   Appeal to the High Court.

   29.   Non adherence to the professional ethics and etiquettes.

   30.   Dangerous practice.

PART V
RIGHTS AND DUTIES OF TRADITIONAL AND ALTERNATIVE HEALTH PRACTITIONERS

   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.

PART VI
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.

PART VII
OFFENCES AND PENALTIES

   45.   Offence for illegal practising.

   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 PROVISION

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

   54.   Seal of the Council.

   55.   Minister may make Regulations.

      SCHEDULES

CHAPTER
THE TRADITIONAL AND ALTERNATIVE MEDICINES ACT

An Act to make provisions for promotion, control and regulation of traditional and alternative medicines practice, to establish the Traditional and Alternative Health Practice Council and to provide for related matters.

[1st July,2004]
[G.N. No. 137 of 2004]

Act No. 23 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-3)

Change section headings from L7 to L8 1.   Short title

   This Act may be cited as the Traditional and Alternative Medicines Act.

2.   Application

   (1) This Act shall apply to traditional and alternative health 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.   Interpretation

   In this Act, unless the context otherwise requires–

   "aide" means a person enrolled under section 15(3) of this Act;

   "alternative health practitioner" means a person formally trained and has acquired knowledge, skills and competence in alternative medicine 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 alternative 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 may or may not contain chemical characteristics of such substances from which it is derived but has the therapeutic effect in the intended individual and preparations of such a remedy follows the system of alternative medicine and discipline employed;

   "Committee" means a Committee of the Council established under section 8(1);

   "Council" means the Traditional and Alternative Health Practice Council 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 recognised 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 outpatient 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 alternative health practitioner;

   "rolls" means rolls kept by the Registrar in which the names and particulars of persons enrolled are entered;

   "professional misconduct" means a conduct connected with the traditional 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 estimation of the members of the traditional and alternative health profession;

   "traditional health practitioner" means a person who is recognised 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 knowledge, attitudes and beliefs that are prevalent in the community regarding physical, mental and social well being and the cause of disease 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 handed 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 Ordinance *.

PART II
ESTABLISHMENT OF THE COUNCIL (ss 4-8)

4.   Establishment of the Council

   (1) There is established a Council to be known as the Traditional and Alternative Health Practice 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.   Composition of the Council

   (1) The Council shall be composed of–

   (a)   a Chairman who shall be a person conversant with traditional or 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

   (d)   two registered alternative health practitioners.

   (2) The Chairman of the Council shall be appointed by the President.

   (3) The Minister shall appoint other members of the Council.

   (4) The Vice Chairman 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 term.

   (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 traditional medicine remedies, herbal medicine, alternative medicines remedies in a manner provided for in the Third Schedule to this Act.

6.   Functions of the Council

   (1) The functions of the Council shall generally be to monitor, regulate, promote, support the development of traditional 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 issues;

   (c)   to promote the practice of traditional and alternative health practitioners;

   (d)   to hold inquiries for the purpose of this Act;

   (e)   to coordinate the efforts undertaken in different areas as to develop 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 delivery 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 Committee;

   (j)   to promote the maintenance and enforcement of traditional and alternative health care;

   (k)   to protect the society from abuse of traditional and alternative health practitioner and research on human beings;

   (l)   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, minerals, aquatic 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, cosmetics and medical devices on matters relating to herbal drug and herbal medicine.

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