1 PART I PRELIMINARY-1. Short title.

This Act may be cited as the Medical Act 1971 .

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires:

  "certificate"  means either the certificate of provisional registration, certificate of full registration, certificate of registration as a specialist, practicing certificate, temporary practicing certificate or any other certificates as may be determined by the Council from time to time and issued under the Act;

["certificate" Ins. Act A1443:s.3]

  "Chief Executive Officer"  means the Chief Executive Officer of the Council appointed under section 4C who shall act as the Secretary of the Council;

["Chief Executive Officer" Ins. Act A1443:s.3]

  "Council"  means the Malaysian Medical Council established under section 3;

  "Director General"  means

3 PART II THE MALAYSIAN MEDICAL COUNCIL-3. Establishment of the Council.

(1) A body corporate by the name of "Malaysian Medical Council" is established.

(2) The Council shall have perpetual succession and a common seal.

(3) The Council may sue and be sued in its corporate name.

(4) Subject to and for the purposes of this Act and upon such terms as it deems fit, the Council may:

(a) enter into contracts;

(b) acquire, purchase, take, lease, hold, sell and enjoy movable and immovable property of every description; and

(c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property, vested in the Council.

[3. Subs. Act A1443:s.4]

3A PART II THE MALAYSIAN MEDICAL COUNCIL-3A. Composition of the council.

(1) The Council shall consist of the following members:

(a) the Director General who shall be the President;

(b) nine fully registered medical practitioners from the representatives of recognised local universities and university colleges to be nominated from among the members of the faculty by the governing bodies of the respective recognised local universities and university colleges and appointed by the Minister;

(c) three fully registered medical practitioners from the private sector to be nominated by the Council and appointed by the Minister;

(d) three fully registered medical practitioners from the public services to be nominated by the Director General and appointed by the Minister;

(e) fifteen fully registered medical practitioners resident in Peninsular Malaysia to be elected by the fully registered medical practitioners resident in Peninsular Ma

3B PART II THE MALAYSIAN MEDICAL COUNCIL-3B. Tenure of office.

(1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Council appointed under paragraph 3A(1) (b) , (c) or (d) or elected under paragraph 3A(1) (e) , (f) or (g) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years.

(2) A member of the Council appointed under paragraph 3A(1) (b) , (c) or (d) or elected under paragraph 3A(1) (e) , (f) or (g) shall be eligible for reappointment or reelection.

[Ins. Act A1443:s.5]

3C PART II THE MALAYSIAN MEDICAL COUNCIL-3C. Revocation of appointment and resignation.

(1) The appointment of any member of the Council under paragraph 3A(1) (b) , (c) or (d) may, at any time, be revoked by the Minister after consulting the President.

(2) A member of the Council appointed under paragraph 3A(1) (b) , (c) or (d) or elected under paragraph 3A(1) (e) , (f) or (g) may at any time resign his office by a written notice addressed to the President.

[Ins. Act A1443:s.5]

3D PART II THE MALAYSIAN MEDICAL COUNCIL-3D. Vacation of office and filling of vacancy.

(1) The office of a member of the Council shall be vacated if-

(a) he dies;

(b) there has been proved against him, or he has been convicted in Malaysia or elsewhere on a charge in respect of-

(i) an offence involving fraud, dishonesty or moral turpitude; or

(ii) an offence under any law relating to corruption; or

(iii) any other offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine);

(c) he becomes a bankrupt;

(d) he is of unsound mind or is otherwise incapable of discharging his duties;

(e) he absents himself from three consecutive meetings of the Council or if he attends less than fifty percent of meetings in a year without leave of the President;

(f) his name has been struck off from the Register or has since been removed from the Register o

3E PART II THE MALAYSIAN MEDICAL COUNCIL-3E. Power of Minister to appoint members of the council.

(1) If any of the bodies or persons referred to in paragraphs 3A(1) (b) , (c) , (d) , (e) , (f) or (g) does not, by such date as may be prescribed, nominate or elect, as the case may be, a person to be a member of the Council, the Minister shall appoint in his place as a member a person qualified to be so nominated or elected and any person so appointed shall be deemed to be a member as if he had been duly nominated or elected, as the case may be, by such body or person.

(2) On the coming into operation of this Act and until such time as the members referred to in paragraph 3A(1) (b) , (c) , (d) , (e) , (f) and (g) are nominated or elected, as the case may be, the Minister shall appoint in their place respectively such persons as are qualified to be nominated or elected and the persons so appointed shall be deemed to be members as if they had been

3F PART II THE MALAYSIAN MEDICAL COUNCIL-3F. Disqualification from nomination and appointment or election.

(1) A fully registered medical practitioner shall not be qualified to be nominated, appointed or elected to be a member under paragraph 3A(1) (b) , (c) , (d) , (e) , (f) or (g) if-

(a) he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine); or

(b) he is a bankrupt; or

(c) his name has at any time been struck off from the Register or has since been removed from the Register of medical practitioners maintained in any place outside Malaysia.

(2) A fully registered medical practitioner whose name has been suspended from the Register, or who has been reprimanded under section 30 shall not be eligible to be nominated, appointed or elected, as the case may be, under paragrap

3G PART II THE MALAYSIAN MEDICAL COUNCIL-3G. Suspension of member of the council.

(1) Where the Council in the exercise of its disciplinary jurisdiction under this Act-

(a) appoints a committee to conduct a preliminary investigation; or

(b) holds a disciplinary inquiry,

in respect of a fully registered medical practitioner who is a member of the Council, such member shall be suspended as a member of the Council.

(2) The suspension referred to in subsection (1) shall-

(a) in the case of a preliminary investigation, take effect from the date of commencement of the investigation; or

(b) in the case of a disciplinary inquiry, take effect from the date of institution of the inquiry.

(3) Where at the conclusion of a preliminary investigation the Council determines that a disciplinary inquiry be held, the period of suspension of a member shall continue until the conclusion of the disciplinary inq

4 PART II THE MALAYSIAN MEDICAL COUNCIL-4. Duties and powers of the Council.

The Council shall perform such duties and functions and exercise such powers as may be provided under this Act or any regulations made thereunder.

4A PART II THE MALAYSIAN MEDICAL COUNCIL-4A. Powers of the council.

(1) The Council shall have the power to do all things expedient or reasonably necessary for or incidental to the carrying out of its functions under this Act.

(2) Without prejudice to the generality of subsection (1), the powers of the Council shall include power to-

(a) ensure that the provisions of this Act and the regulations are administered, enforced, given effect to, carried out and complied with;

(b) regulate the standards of practice of registered medical practitioners;

(c) regulate the professional conduct and ethics of registered medical practitioners;

(d) approve or refuse any application for registration or certification in accordance with this Act or regulations;

(e) determine any fees or fines payable;

(f) issue certificates;

(g) borrow or raise money from time to time by bank overdraft or otherwise f

4B PART II THE MALAYSIAN MEDICAL COUNCIL-4B. Appointment of employees of the council.

(1) The Council may appoint or employ such number of employees as the Council may thinks necessary, who shall be paid such remuneration, allowances and benefits, and whose appointment or employment shall be on such terms and conditions as the Council considers appropriate for carrying out the purpose of this Act.

(2) No person shall be eligible for appointment or employment as an employee of the Council if he has, directly or indirectly, by himself or through his partner any share or interest in any contract or proposed contract with, for or on behalf of the Council.

4C PART II THE MALAYSIAN MEDICAL COUNCIL-4C. Chief executive Officer.

(1) The President shall, after consultation with the Council, appoint a Chief Executive Officer.

(2) The Council shall vest in the Chief Executive Officer such powers and impose upon him such duties as may be determined by the Council.

(3) The Chief Executive Officer shall be the Secretary to the Council and be responsible for-

(a) the overall administration and management of the functions and the day-to-day affairs of the Council;

(b) carrying out the decisions and directions of the Council;

(c) managing the functions, programmes, employees and other resources of the Council; and

(d) preparing strategic plans and budgets for the consideration of the Council.

(4) The Chief Executive Officer shall have general control of the employees of the Council.

(5) In carrying out his duties under this section, the Chief Executive Officer

4D PART II THE MALAYSIAN MEDICAL COUNCIL-4D. Common seal.

(1) The common seal of the Council shall bear a device as approved by the Council and the seal may from time to time be broken, changed, altered and made anew as the Council thinks fit.

(2) The common seal shall be kept in custody of the Chief Executive Officer or such other person as may be authorised by the Council and shall be authenticated by either the Chief Executive Officer or such person as may be authorised by the Council in writing.

(3) All deeds, documents and other instruments purporting to be sealed with the common seal and duly authenticated shall, until the contrary is proven, be deemed to have been validly executed.

(4) Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by the Council or an employee of the Council authorised in that behalf.

(5) The common seal of the Council shall be officially

4E PART II THE MALAYSIAN MEDICAL COUNCIL-4E. Committees of the council.

(1) The Council may establish any committee as it considers necessary or expedient to assist it in the performance of its functions.

(2) The Council may elect any of its members to be the chairman of a committee.

(3) The Council may appoint any person to be a member of a committee.

(4) The quorum of any such committee shall be three, unless otherwise determined by the Council.

(5) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.

(6) The Council may revoke the appointment of any member of a committee without assigning any reason for the revocation.

(7) A member of a committee may, at any time, resign by giving notice in writing to the President of the Council.

(8) The Council may, at any time, discontinue or alter the constitution of a committee.

(9) A committee shall be subject to, and act in accorda

4F PART II THE MALAYSIAN MEDICAL COUNCIL-4F. Delegation of council's functions and powers.

(1) The Council may, in writing, delegate any of its functions and powers, except its power to make subsidiary legislation, to-

(a) the Chairman;

(b) a member of the Council; or

(c) a committee.

(2) Any person delegated with such function and power shall be bound to observe and have regard to all conditions and restrictions imposed by the Council and all requirements, procedures and matters specified by the Council.

(3) Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the Council.

(4) The delegation under this section shall not preclude the Council itself from performing or exercising at any time any of the delegated functions and powers.

[Ins. Act A1443:s.7]

4G PART II THE MALAYSIAN MEDICAL COUNCIL-4G. Disclosure of interest.

A member of the Council or any committee established under section 4e who has or acquires a direct or indirect interest whether by himself, a member of his family or his associate in relation to any matter under discussion by the Council or committee shall disclose to the Council or committee, as the case may be, the fact of his interest and the nature of that interest.

[Ins. Act A1443:s.7]

4H PART II THE MALAYSIAN MEDICAL COUNCIL-4H. The Malaysian Medical council Fund.

(1) A fund to be known as the "Malaysian Medical Council Fund" to be controlled and administered by the Council is established.

(2) The Fund shall consist of-

(a) such sums as may be provided by the Government for the purposes of this Act from time to time;

(b) all fees and charges imposed by or payable to the Council in accordance with this Act;

(c) all moneys earned from services provided by the Council in accordance with this Act;

(d) all moneys derived as income from investments by the Council;

(e) all moneys derived from the sale, disposal, lease or hire of, or any other dealing with, any property, mortgages, charges or debentures vested in or acquired by the Council;

(f) all other moneys and property which may in any manner become payable to or vested in the Council in respect of any matter incidental to its functions and pow

4I PART II THE MALAYSIAN MEDICAL COUNCIL-4I. Expenditure to be charged on the Fund.

The Fund shall be expended for the following purposes:

(a) paying any expenditure lawfully incurred by the Council;

(b) paying for the remuneration, allowances and other expenses of the members of the Council, members of committees and employees of the Council;

(c) paying any expenses, costs or expenditure in relation to the procurement of goods and services, including the engagement of consultants, legal fees and costs and other fees and costs, lawfully incurred or accepted by the Council in the performance of its functions and the exercise of its powers under this Act; and

(d) generally, paying any other expenses for carrying into effect the provisions of this Act.

[Ins. Act A1443:s.7]

4J PART II THE MALAYSIAN MEDICAL COUNCIL-4J. Conservation of the Fund.

It shall be the duty of the Council to conserve the Fund by so performing its functions and exercising its powers under this Act to secure that the total revenue of the Council are sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.".

[Ins. Act A1443:s.7]

5 PART II THE MALAYSIAN MEDICAL COUNCIL-5. Public Authorities Protection.

The Public Authorities Protection Act 1948 [ Act 198 ] shall apply to any action, suit, prosecution or proceeding against the Council or against any member, officer, servant or agent of the Council in respect of any act, neglect or default done or committed by him in such capacity.

6 PART II THE MALAYSIAN MEDICAL COUNCIL-6. Public servants.

All members of the Council, while discharging their duties as such members, shall be deemed to be public servants within the meaning of the Penal Code [ Act 574 ].

7 PART II THE MALAYSIAN MEDICAL COUNCIL-7. First Schedule.

(1) The provisions of the First Schedule shall apply to the Council and the proceedings thereof.

(2) The Minister may from time to time, after consulting the Council, amend the First Schedule by order published in the Gazette.

8 PART II THE MALAYSIAN MEDICAL COUNCIL-8. Power of the Minister to issue directions.

The Minister may, from time to time, issue general directions not inconsistent with the provisions of this Act or any regulations made thereunder and the Council shall give effect to such directions.

9 PART II THE MALAYSIAN MEDICAL COUNCIL-9. Returns.

The Council shall furnish the Minister with all such returns and information with respect to its activities as he may from time to time require.

10 PART III REGISTRATION OF MEDICAL PRACTITIONERS-10. Registrar.

(1) For the purposes of this Act there shall be a Registrar of Medical Practitioners.

(2) The Director General shall be the

11 PART III REGISTRATION OF MEDICAL PRACTITIONERS-11. Malaysian Medical Register.

(1) The Registrar shall cause to be kept in the prescribed form a register of medical practitioners to be known as the Malaysian Medical Register which shall contain such particulars as may be prescribed.

(2) The Registrar shall be responsible for the maintenance and custody of the Register in accordance with the provisions of this Act and the regulations thereunder.

(3) The Register shall be deemed to be a public document within the meaning of the Evidence Act 1950.

12 PART III REGISTRATION OF MEDICAL PRACTITIONERS-12. Persons entitled to provisional registration.

(1) Subject to this Act and the regulations thereunder, a person shall be entitled to be provisionally registered as a medical practitioner, solely for the purpose of obtaining the experience specified in section 13, upon application to the Registrar in the prescribed form if:

(a) he holds:

(i) any of the qualifications specified in the third column of the Second Schedule granted by an institution specified in relation to that qualification in the second column of that Schedule; or

(ii) a qualification in medicine and surgery other than the qualifications referred to in subparagraph (i), deemed suitable for registration to the Minister after consulting the Council;

(aa) in the case of a person who holds a qualification referred to in subparagraph (a) (ii), he has passed such examination as may be prescribed or set for the purpose of this paragraph by a bod

13 PART III REGISTRATION OF MEDICAL PRACTITIONERS-13. Experience which a provisionally registered person shall be required to obtain.

(1) Subject to the provisions of this Act and the regulations thereunder, a person who is provisionally registered shall be required to obtain experience as provided in subsection (2) in order to be entitled to apply for full registration under section 14.

[Am. Act A840]

(1A) For the purposes of subsection (2) there shall be established a Board to be known as the Medical Qualifying Board consisting of:

(a) the Director General as Chairman; and

(b) an equal number of representatives from each of the Faculties of Medicine of the Universities established under the Universities and University Colleges Act 1971, to be determined and appointed by the Minister.

(2) The provisionally registered person shall, immediately upon being provisionally registered, engage in employment in a resident medical capacity to the satisfaction of the Medical Qualifying B

14 PART III REGISTRATION OF MEDICAL PRACTITIONERS-14. Persons entitled to full registration.

(1) Subject to the provisions of this Act, no person shall be entitled to be fully registered as a medical practitioner under this Act unless:

(a) he has been provisionally registered under section 12; and

(b) he furnishes proof of having satisfied the provisions of section 13.

(2) An application for full registration shall be in accordance with the provisions of this Act and the regulations thereunder.

(3) Notwithstanding anything to the contrary contained in this Act, any person may be fully registered under this section subject to such restrictions and conditions as may be stipulated by the Minister, provided that the person seeking registration under this subsection possesses a qualification with respect to which the Minister, after consulting the Council, is satisfied that it is adequate.

14A PART III REGISTRATION OF MEDICAL PRACTITIONERS-14A. Registered medical practitioner practising as specialist.

(1) No person whose name has not been entered into the Register shall practise as a specialist in that specialty.

(2) Any person who contravenes subsection (1) shall be subjected to the disciplinary jurisdiction of the Council.

[Ins. Act A1443]

14B PART III REGISTRATION OF MEDICAL PRACTITIONERS-14B. Person entitled to registration as specialist.

A person is entitled to be registered as a specialist under this Act if-

(a) he has been fully registered under section 14;

(b) he has attended specialized training in that specialty in a recognised training institution;

(c) he holds a recognised specialist qualification; and

(d) he has proven to the satisfaction of the Council that he is fit and is of good character.

[Ins. Act A1443]

14C PART III REGISTRATION OF MEDICAL PRACTITIONERS-14C. Registration as specialist.

(1) The Council shall consider the application made under subsection 18(1) and may require the applicant to produce further information or documents in support of the application.

(2) Where the Council decides to approve the application, the Council shall direct the Registrar to enter the applicant's name in the Register.

(3) The Council may refuse to register any such person as it thinks fit.

(4) Where the Council refuses to register the applicant under subsection (3), the Council shall immediately serve a notice of refusal to the applicant, together with the reasons therefor.".

[Ins. Act A1443]

15 PART III REGISTRATION OF MEDICAL PRACTITIONERS-15. Exemption of certain medical officers in ships.

All ship's surgeons while in the discharge of their duties shall be exempted from registration under this Act and shall be entitled to all the privileges of fully registered medical practitioners under this Act.

16 PART III REGISTRATION OF MEDICAL PRACTITIONERS-16. Temporary practising certificate.

(1) Notwithstanding anything to the contrary contained in this Act, the Council may, upon application in writing, issue to a person who is registered as a medical practitioner outside Malaysia a temporary certificate to practise as a medical practitioner, subject to such conditions and restrictions as the Council may specify in such certificate, for a period not exceeding three months.

(2) The holder of such temporary practising certificate shall, while the certificate remains in force and subject to the restrictions and conditions specified in the certificate, be deemed to be a fully registered person.

(3) The Council may at any time cancel any temporary practising certificate granted under this section and the certificate shall thereupon lapse.

17 PART III REGISTRATION OF MEDICAL PRACTITIONERS-17. Evidence of qualification to be given before entry on the Register.

(1) No degree or qualification shall be entered on the Register, either on the first registration or by way of addition to a registered name, unless the Registrar be satisfied by such evidence as he may consider proper that the person claiming such degree or qualification is entitled thereto.

(2) Every person registered under this Act who obtains any medical qualification other than the qualification by virtue of which he was registered may apply to the Council to amend the Register so far as it relates to the qualifications of that person, and on any such application the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made and that such qualification is of sufficient standing to warrant its being entered in the Register, cause the Register to be amended accordingly by the insertion therein of the particulars of such qualification.

(3) The Council shall have power to

18 PART III REGISTRATION OF MEDICAL PRACTITIONERS-18. Application for registration.

(1) Any person entitled to be provisionally or fully registered under this Act may apply to the Registrar for registration accordingly.

(2) Applications for such registration shall be made in such manner or form and shall be accompanied by such documents, particulars and fees as the Council may prescribe.

19 PART III REGISTRATION OF MEDICAL PRACTITIONERS-19. Restriction on registration.

(1) If any person applying for provisional or full registration has:

(a) at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine) for a term of two years or upward; or

(b) after due inquiry by the Council, been found by it to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character; or

(c) after due inquiry by a medical review panel, which shall consist of not less than three medical practitioners appointed by the Council, been found to be unfit to perform his professional duties by reason of his mental or physical condition,

[Ins. Act A840]

the Council may direct the Registrar not to enter the name of such person upon the Register.

(

20 PART III REGISTRATION OF MEDICAL PRACTITIONERS-20. Annual practising certificate.

(1) Any fully registered person who desires to practise as a medical practitioner after the thirty-first day of December of any year shall, not later than the first day of December of that year, make an application in the prescribed form and shall pay the prescribed fee for a certificate to practise as a medical practitioner during the ensuing year.

(2) Upon such application and payment, the Registrar shall issue a certificate (to be styled "annual practising certificate") authorising the applicant to practise as a medical practitioner during the year for which the certificate is issued.

(3) Subject to the provisions of this Act, the annual practising certificate shall be in force until the thirty-first day of December of the year in respect of which it is issued.

(4) Any fully registered person who fails to apply for an annual practising certificate in the manner and within the period laid down in subsection (1), may, on making

21 PART III REGISTRATION OF MEDICAL PRACTITIONERS-21. Publication of list of fully registered medical practitioners issued with annual practising certificates.

(1) The Registrar shall as soon as may be after the first day of January of every year prepare and publish in the Gazette a list or lists of the names, addresses, qualifications, dates of the qualifications and dates of full registration of all persons to whom annual practising certificates have been issued for that year.

(2) The publication of such list shall be prima facie evidence of the particulars contained therein.

(3) The absence of the name of any person from such list shall be prima facie evidence that such person has not been issued with an annual practising certificate and is not authorised to practise as a fully registered person.

(4) A certificate under the hand of the Registrar of the particulars appearing in the Register in respect of any person shall be conclusive evidence of such particulars.

22 PART III REGISTRATION OF MEDICAL PRACTITIONERS-22. Notification of change in permanent address of residence or practice.

Every registered person shall notify any change in the permanent address of his residence or practice to the Registrar within thirty days of such change.

23 PART III REGISTRATION OF MEDICAL PRACTITIONERS-23. Power of Council to make certain endorsement against names in the Register.

Where the Council is satisfied that any person whose name appears in the Register is deceased or is no longer practising medicine in Malaysia it shall make an endorsement accordingly against his name in the Register.

24 PART III REGISTRATION OF MEDICAL PRACTITIONERS-24. Cessation of registration.

(1) Where:

(a) the Registrar is satisfied that any person who is registered under this Act is admitted to or confined in a mental hospital under the provisions of any law;

(b) any person who is registered under this Act has been certified by a medical review panel, which shall consist of not less than three medical practitioners appointed by the Council, to be unfit to perform his professional duty by reason of his mental or physical condition,

he shall thereupon cease to be so registered, and an endorsement shall accordingly be made against his name in the Register.

(2) Any person who has ceased to be registered under this Act by virtue of subsection (1) shall not again be registered unless he satisfies the Council that his mental or physical condition, as the case may be, warrants such registration.

24A PART III REGISTRATION OF MEDICAL PRACTITIONERS-24A. Reinstatement of names in register.

(1) Where the name of a medical practitioner has been removed from the Register in accordance with section 24, he may apply to the Council for his name to be reinstated in the Register.

(2) The Council may, in its discretion, upon application made under subsection (1), order the name of the applicant to be reinstated in the Register or reject the reinstatement of the name by giving reasons therefor.

(3) Any person who has ceased to be registered under this Act under paragraph 24(2) (b) shall not be reinstated unless he has been certified fit by a Fitness to Practise Committee.

(4) The Council may impose such conditions and restrictions as it deems fit to the reinstatement.

(5) Any person whose application has been rejected under subsection (2) may appeal to the Minister within thirty days from the date of the decision.

(6) The decision of the Minister shall be final.".

[Ins. Act

25 PART III REGISTRATION OF MEDICAL PRACTITIONERS-25. Alterations in the Register.

(1) The Registrar shall, from time to time, insert in the Register:

(a) any alteration which may come to his knowledge in the name or address of any person registered under this Act;

(b) such alterations in the qualifications, additional qualifications and other particulars as under this Act are required to be altered.

(2) The Registrar shall, from time to time, strike off from the Register the name of such person as under this Act is required to be struck off.

26 PART III REGISTRATION OF MEDICAL PRACTITIONERS-26. Privileges of fully registered persons and disabilities of unregistered persons.

(1) Every person whose name is for the time being borne on the Register as fully registered under this Act shall be entitled, according to his qualifications, to practise medicine, surgery and obstetrics and gynaecology in accordance with the provisions of this Act and to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or any medical or surgical appliances rendered, made or supplied by him to his patients, provided that at the time of performing any such act he had an annual practising certificate in force.

(2) Subject to the provisions of sections 15, 16 and 34, no person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a fully registered medical practitioner and had an annual practising certificate in force:

Provided that nothing in this subsection shall affect the pra

27 PART III REGISTRATION OF MEDICAL PRACTITIONERS-27. Medical certificate.

No certificate or other document required by any written law to be signed by a duly qualified medical practitioner given after the commencement of this Act shall be valid unless signed by a fully registered medical practitioner.

28 PART III REGISTRATION OF MEDICAL PRACTITIONERS-28. DEFINITION.

The words "legally qualified medical practitioner" or "duly qualified medical practitioner" or any words importing a person recognised by law as a medical practitioner or member of the medical profession, when used in any written law with reference to such persons, shall be construed to mean a fully registered medical practitioner.

29 PART IV DISCIPLINARY PROCEEDINGS-29. Disciplinary jurisdiction of the Council.

(1) The Council shall have disciplinary jurisdiction over all persons registered under this Act.

(2) The Council may exercise disciplinary jurisdiction over any registered person who:

(a) has been convicted in Malaysia or elsewhere of any offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine);

(b) has been guilty of infamous conduct in any professional respect;

(c) has obtained registration by fraud or misrepresentation;

(d) was not at the time of his registration entitled to be registered; or

(e) has since been removed from the register of medical practitioners maintained in any place outside Malaysia.

---

30 PART IV DISCIPLINARY PROCEEDINGS-30. Disciplinary punishments.

The Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments:

(i) order the name of such registered person to be struck off from the Register;

(ii) order the name of such registered person to be suspended from the Register for such period as it may think fit;

(iii) order the registered person to be reprimanded; or

(iv) make any such order as aforesaid but suspend the application thereof, subject to such conditions as the Council may think fit, for a period, or periods in the aggregate, not exceeding two years;

and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered person, and any costs awarded may be recovered as a civil debt.

31 PART IV DISCIPLINARY PROCEEDINGS-31. Appeal against orders of the Council.

(1) Any person who is aggrieved by any order made in respect of him by the Council in the exercise of its disciplinary jurisdiction may appeal to the High Court, and the High Court may thereupon affirm, reverse or vary the order appealed against or may give such direction in the matter as it thinks proper; the cost of the appeal shall be in the discretion of the High Court.

(2) The decision of the High Court upon such appeal shall be final.

(3) The practice in relation to any such appeal shall be subject to the rules of court applicable in the High Court:

Provided that the High Court shall not have power to hear any appeal against an order made under section 30 unless notice of such appeal was given within one month of the service of the order in the prescribed manner.

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EDITORIAL COMMENTS AND ANNOTATION

Whether Decision of Preliminary Investigation Committee (PIC) is appealable under s 31 of the

31A PART IV DISCIPLINARY PROCEEDINGS-31A. Restoration of name to Register.

(1) No person whose name has been struck off from the Register under subparagraph 30(i) shall thereafter be entitled to be registered as a medical practitioner under the provision of this Act, but the Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to the Register; and where the name of a person has been suspended from the Register under subparagraph 30(ii), such person shall be entitled at the expiration of period of suspension, but not earlier, to apply for the certificate of registration and the annual practising certificate (if the period for which it is issued is still unexpired) to be returned to him.

(2) An application under subsection (1) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed.

32 PART V GENERAL-32. Fraudulent registration.

Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either oral or in writing, shall be guilty of an offence against this Act.

33 PART V GENERAL-33. Offences.

(1) Any person not registered or exempted from registration under this Act who:

(a) wilfully and falsely pretends to be registered under this Act or to be qualified to practise medicine or surgery;

(b) wilfully and falsely takes or uses the name or title of physician, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, surgeon, general practitioner or apothecary;

(c) wilfully and falsely takes or uses any name, title, addition or description implying that he is registered under this Act, or that he is recognised by law as a physician or surgeon or licentiate in medicine and surgery or a practitioner in medicine or an apothecary;

(d) wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument, calculated to induce any person to believe that he is qualified to practise medicine or surgery according to modern s

34 PART V GENERAL-34. Malay, Chinese, Indian or other native methods of therapeutics.

(1) Subject to the provisions of subsection (2) and regulations made under this Act, nothing in this Act shall be deemed to affect the right of any person, not being a person taking or using any name, title, addition or description calculated to induce any person to believe that he is qualified to practise medicine or surgery according to modern scientific methods, to practise systems of therapeutics according to purely Malay, Chinese, Indian or other native methods, and to demand and recover reasonable charges in respect of such practice.

(2) Notwithstanding the provisions of subsection (1), no person, unless he is a registered medical practitioner, shall hold himself out as being qualified, competent or willing to undertake the treatment of diseases of the human eye or the prescription of remedies therefor, or the giving of advice in connection with the treatment thereof:

Provided that nothing in this section shall be taken to prohibi

34A PART V GENERAL-34A. Examination and treatment of patients by students of medicine.

(1) Notwithstanding anything to the contrary in this Act, it shall be lawful for any person who is pursuing a course of study in medicine or surgery in:

(a) any University or University College established in accordance with the provisions of the Universities and University Colleges Act 1971; or

(b) any educational institution specified in the Third Schedule,

to carry out, in pursuance of the course of study, any investigation, examination or treatment of patients in any hospital, clinic, health centre or other institution which is approved by the Minister for the purposes of this section by notification in the Gazette; provided that the investigation, examination or treatment is carried out by the person under the control and supervision of a fully registered medical practitioner who holds a current and valid annual practising certificate.

(2) For the purposes of par

34B PART V GENERAL-34B. Liability of the Government for torts committed by non-Government practitioners while attending to patients at the request of or by arrangement with the Government.

A fully registered practitioner who holds a current and valid annual practising certificate, who is not a public officer and who, at the request of or by arrangement with the Government, carries out any investigation, examination, treatment or management of any patient in any Government hospital, clinic or health centre or in any other similar institution of the Government shall, while carrying out such investigation, examination, treatment or management, be deemed to be a public officer for the purposes of section 5 of the Government Proceedings Ordinance* 1956; and notwithstanding subsection (4) of section 6 of the Ordinance*, proceedings may be brought against the Government in respect of any act, neglect or default of such practitioner done or committed in the course of or in connection with such investigation, examination, treatment or management.

* [Now Act 359 Government Proceedings Act 1956 (Revised 1988)]

34C PART V GENERAL-34C. Medical practitioner authorised by Director General to be deemed a Government Medical Officer.

(1) The Director General may authorise in writing any medical practitioner who is fully registered under section 14 and not being a medical practitioner in the public service to undertake any of the following functions, that is:

(a) investigation, examination, treatment or management of any patient; or

(b) perform an autopsy or post-mortem investigation of any deceased person,

in any hospital, clinic or health centre or in any other similar institution.

(2) A medical practitioner who is so authorized under subsection (1) to perform any of the functions referred to in paragraphs (a) and (b) thereof shall be deemed to be a Government Medical Officer for the purposes of the Criminal Procedure Code [ Act 593 ] and any other relevant laws in Malaysia.

35 PART V GENERAL-35. General penalty.

(1) Any person guilty of an offence against this Act for which no specific penalty is provided shall be liable on conviction:

(a) in respect of a first offence to a fine not exceeding *two thousand ringgit; and

(b) in respect of the second or subsequent offences to a fine not exceeding **five thousand ringgit or imprisonment for a term not exceeding two years or both such fine and imprisonment.

(2) In the case of a continuing offence such person shall be liable to a further penalty of fifty ringgit for each day during the continuance of such offence in addition to the respective penalty under paragraphs (1) (a) and (b) .

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* Note : Previously a fine not exceeding one thousand ringgit – see Medical (Amendment) Act 1993 [ Act A840 ].

** Note : Previously a fine not exceeding two thousand ringgit or imprisonment for a term n

36 PART VI REGULATIONS, SAVINGS AND REPEAL-36. Regulations.

(1) Subject to the provisions of this Act, the Council may, with the approval of the Minister, make regulations to prescribe anything which under this Act is required to be prescribed, and generally to carry out the objects and purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such regulations may prescribe:

(a) the duties of the Registrar;

(b) the form of the Register, the mode in which it shall be kept and the contents thereof;

(c) the fees to be paid in respect of applications and proceedings under this Act and in respect of certificates and other documents issued under this Act and provide for such exemptions therefrom as the Council may deem appropriate;

(d) the form and manner in which applications for registration and for annual practising certificates shall be made;

(e) the form of any

37 PART VI REGULATIONS, SAVINGS AND REPEAL-37. Saving.

(1) Subject to subsection (2), every medical practitioner who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 [ P.U.(A)11/1971 ] was registered (otherwise than provisionally) under the Medical Registration Ordinance 1952 of the States of Malaya [ F.M. 69 of 1952 ], the Medical Registration Ordinance of Sabah [ Cap. 76 ] or the Medical Registration Ordinance of Sarawak [ Cap. 112 ] or was employed in Sabah by the Government of Malaysia or the Government of the State of Sabah as a Medical Officer shall on the coming into force of this Act be deemed to be a fully registered medical practitioner under the provisions of this Act and shall be deemed to have an annual practising certificate in respect of the remainder of the year in which this Act comes into force:

Provided that in the case of a medical practitioner who immediately before the coming into force of the Emerg

38 PART VI REGULATIONS, SAVINGS AND REPEAL-38. Repeal.

The Emergency (Essential Powers) Ordinance No. 65, 1971, the Medical Registration Ordinance 1952 of the States of Malaya, the Medical Registration Ordinance of Sabah and the Medical Registration Ordinance of Sarawak are hereby repealed.

39 PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES-39. Purpose, commencement and duration of this Part.

(1) It is hereby declared that this Part is enacted for national purposes.

(2) This Part shall cease to be in force if Parliament, by resolution passed by each of the Houses of Parliament and published in the Gazette, provide that this Part shall no longer continue to remain in force.

*[Sections 39 to 44 are deemed to have been in force during the period from 1 October 1986 to 4 February 1993.]

40 PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES-40. Notice to fully registered person to serve in a medical capacity in the public services.

(1) Every person who obtains full registration under this Act shall be liable immediately upon being fully registered or at any time thereafter to be served with a written notice issued by or on behalf of the Director General requiring such person to assume appointment in a medical capacity in such post in such public service and on such date, as may, in each of these respects, be specified in the notice.

(2) A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence under this Act.

(3) Immediately upon a charge under subsection (2) or under section 41 being proved in court against any person, the registration of such person under section 14 shall be deemed to be revoked, and the Registrar shall accordingly strike off from the Register the name of such person.

(4) (a) Where the name of a person is struck off from the Register un

41 PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES-41. Period of service in pursuance of a notice under section 40(1).

A person who commences to serve in a post in a public service in pursuance of a notice issued under subsection 40(1), shall continue to serve in the said post or in such other subsequent post in the same or such other public service as may from time to time be determined by the Director General in his discretion for a continuous total period of not less than three years to the satisfaction of the Director General and if he fails to do so he shall be guilty of an offence under this Act.

42 PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES-42. Power of Minister to grant reduction, exemption or postponement from period of service under section 41.

(1) The Minister may, by order published in the Gazette :

(a) in respect of any particular person;

(b) generally in respect of any class of persons during such period as he may specify;

(c) generally in respect of all persons during such period as he may specify,

grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 41.

(2) The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 41, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.

(3) The decision of the Minister upon an application made to him under subsection (2) shall be final and shall not be questioned or reviewe

43 PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES-43. Minister may make rules.

The Minister may make rules for carrying into effect the objects and purposes of this Part.

44 PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES-44. Saving.

(1) Anything done under the provisions of section 40, 41, 42 or 43 of the Emergency (Essential Powers) Ordinance No. 65, 1971 shall be deemed to have been done under the provisions of section 40, 41, 42 or 43, respectively, of this Act and shall, accordingly continue to operate and have effect under such respective sections of this Act.

(2) Subsection 37(4) and (5) shall apply to this Part and in such application they shall be construed as being in amplification of subsection (1) of this section.

(3) Nothing in subsection (1) shall have the effect of rendering any person liable to any penalty in respect of any omission to comply with, or in respect of any act done contrary to subsection 40(2) and section 41.