MEDICAL ACT 1971

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 50 MEDICAL ACT 1971 As at 23 August 2022 This text is ONLY AN UPDATED TEXT of the Medical Act 1971 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 MEDICAL ACT 1971 Date of Royal Assent … … … 27 September 1971 Date of publication in the Gazette … … … 30 September 1971 Latest amendment made by P.U. (A) 266/2022 which came into operation on … … … 23 August 2022 PREVIOUS REPRINTS First Reprint … … … … … 1982 Second Reprint … … … … … 1993 Third Reprint … … … … … 1999 Fourth Reprint … … … … … 2006 Fifth Reprint … … … … … 2020 3 LAWS OF MALAYSIA Act 50 MEDICAL ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II THE MALAYSIAN MEDICAL COUNCIL 3. Establishment of the Council 3A. Composition of the Council 3 B. Tenure of office 3 C. Revocation of appointment and resignation 3D. Vacation of office and filling of vacancy 3 E. Power of Minister to appoint members of the Council 3F. Disqualification from nomination and appointment or election 3G. Suspension of member of the Council 4. Functions of the Council 4A. Powers of the Council 4 B. Appointment of employees of the Council 4 C. Chief Executive Officer 4D. Common seal 4 Laws of Malaysia ACT 50 Section 4 E. Committees of the Council 4F. Delegation of Council’s functions and powers 4G. Disclosure of interest 4H. The Malaysian Medical Council Fund 4I. Expenditure to be charged on the Fund 4J. Conversation of the Fund 5. Public Authorities Protection 6. Public servants 7. First Schedule 8. Power of the Minister to issue directions 9. Returns, etc. PART III REGISTRATION OF MEDICAL PRACTITIONERS 10. Registrar 11. Malaysian Medical Register 12. Persons entitled to provisional registration 13. Experience which a provisionally registered person shall be required to obtain 14. Persons entitled to full registration 14A. Registered medical practitioner practising as specialist 14B. Person entitled to registration as specialist 14C. Registration as specialist 15. Exemption of certain medical officers in ships 16. Temporary practising certificate 17. Evidence of qualification to be given before entry on the Register 18. Application for registration 19. Restriction on registration 20. Annual practising certificate 21. List of fully registered medical practitioner issued with annual practicing certificates Medical Section 22. Change in permanent address and service of notice, etc. 23. Power of Council to make certain endorsement against names in the Register 24. Removal of names from Register 24A. Reinstatement of names in Register 25. Alterations in the Register 26. Privileges of fully registered persons 27. Certificates and documents 28. Definition PART IV DISCIPLINARY PROCEEDINGS 29. Disciplinary jurisdiction of the Council 29A. Interim orders 30. Disciplinary punishments 31. Appeal against orders of the Council 31A. Restoration of name to Register PART V GENERAL 32. Fraudulent registration 33. Offences 34. Traditional and Complementary medicine 34A. Examination and treatment of patients by students of medicine 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 34C. Medical practitioner authorized by Director General to be deemed a Government Medical Officer 35. General penalty 5 6 Laws of Malaysia ACT 50 Section 35A. Council may require information PART VI REGULATIONS, SAVING AND REPEAL 36. Regulations 37. Saving 38. Repeal PART VII SUPPLEMENTARY PROVISIONS FOR NATIONAL PURPOSES 39. Purpose, commencement and duration of this Part 40. Notice to fully registered person to serve in a medical capacity in the public services 41. Period of service in pursuance of a notice under subsection 40(1) 42. Power of Minister to grant reduction, exemption or postponement from period of service under section 41 43. Minister may make rules 44. Saving FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 7 LAWS OF MALAYSIA Act 50 MEDICAL ACT 1971 An Act to consolidate and amend the law relating to the registration of medical practitioners, the control and regulation of the practice of medicine, to provide for certain provisions with regard to a period of service in the public services after full registration as a medical practitioner; and to make provisions for matters connected thereto. [Throughout Malaysia—1 October 1971] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title 1. This Act may be cited as the Medical Act 1971. Interpretation 2. 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 8 Laws of Malaysia ACT 50 certificates as may be determined by the Council from time to time and issued under the Act; “Chief Executive Officer” means the Chief Executive Officer of the Council appointed under section 4C who shall act as the Secretary of the Council; “Council” means the Malaysian Medical Council established under section 3; “Director General” means the Director General of Health, Malaysia; “fully registered” means fully registered under section 14; “fully registered medical practitioner” means a medical practitioner issued with a certificate of full registration under section 14; “Fund” means the Malaysian Medical Council Fund established under section 4H; “healthcare facility” means any premises in which one or more members of the public receive healthcare services”; “houseman training” means the period of training in resident medical practice for the purpose of being fully registered medical practitioner; “member” means a member of the Malaysian Medical Council established under section 3; “Minister” means the Minister charged with the responsibility for health; “practising certificate” means the annual practising certificate issued under section 20; “prescribed” means prescribed by regulations made under this Act; “President” means the President of the Malaysian Medical Council; Medical 9 “Professional Indemnity Cover” means a financial security for a registered medical practitioner in a professional liability action; “provisionally registered” means provisionally registered under section 12; “provisionally registered medical practitioner” means a medical practitioner issued with certificate of provisional registration under section 12; “public services” has the meaning assigned to it in Article 132 of the Constitution and, in addition, it also means the service of any local authority or the service of any statutory authority exercising powers vested in it by federal or State law, and the expression “public service” shall be construed accordingly; “qualification” means any diploma, degree, fellowship, membership, licence, authority to practise, letters, testimonial, certificate or other status or document granted by any university, corporation, college or other body, or by any department of, or persons acting under the authority of, the government of any country or place in or outside Malaysia; “recognized specialist qualification” means a qualification conferred by any recognized training institution; “recognized training institution” means a higher education provider as defined under section 2 of the Malaysian Qualification Agency Act 2007 [Act 679] for the purpose of registration under section 4 of this Act; “Register” means the Malaysian Medical Register under section 11; “registered” means provisionally registered under section 12 or fully registered under section 14, as the case may be; “registered medical practitioner” means a medical practitioner issued with provisional registration under section 12 or full registration under section 14; 10 Laws of Malaysia ACT 50 “Registrar” means the Registrar of Medical Practitioners referred to in section 10; “Specialist” means a fully registered medical practitioner under section 14C; “temporary practicing certificate” means the temporary practicing certificate issued under section 16; “traditional and complementary medicine” means a form of health-related practice designed to prevent, treat or manage ailments or illness or preserve the mental and physical well-being of an individual and includes such practices as traditional Malay medicine, traditional Chinese medicine, traditional Indian medicine, homeopathy, and complementary therapies, but excludes medical or dental practices used by a registered medical or dental practitioner. PART II THE MALAYSIAN MEDICAL COUNCIL Establishment of the Council 3. (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 Medical 11 (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. Composition of the Council 3A. (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 recognized local universities and university colleges to be nominated from among the members of the faculty by the governing bodies of the respective recognized 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 Malaysia; (f) one fully registered medical practitioner resident in Sabah to be elected by the fully registered medical practitioners resident in Sabah; and (g) one fully registered medical practitioner resident in Sarawak to be elected by the fully registered medical practitioners resident in Sarawak. 12 Laws of Malaysia ACT 50 (2) No person shall be appointed to be a member under paragraph (1)(b), (c) or (d) or elected as a member under paragraph (1)(e), (f) or (g) unless the person is a citizen of Malaysia and holds a current and valid practising certificate. (3) No person shall be eligible to elect a member under paragraph (1)(e), (f) or (g) unless the person is a citizen of Malaysia and holds a current and valid practising certificate. (4) The election of the members referred to in paragraphs (1) (e), (f) and (g) shall be conducted in such manner as may be prescribed. (5) No person shall serve as an appointed and elected member at the same time. (6) A person may be appointed to be a member under paragraph (1)(b), (c) or (d) or elected under paragraph (1)(e), (f) or (g) notwithstanding that he has previously been a member under paragraph (1)(b), (c), (d), (e), (f) or (g). (7) For the purpose of