Medical Act amendments tabled for first reading in Dewan Rakyat


Photo: Bernama

KUALA LUMPUR: The amendments to the Medical Act 1971 (Act 50) have been tabled for the first reading in the Dewan Rakyat.

The Medical (Amendment) Bill 2024 was tabled by Health Minister Datuk Seri Dr Dzulkefly Ahmad on Monday (July 15) and are aimed at resolving the issues related to the parallel pathway specialist training programme,

The Bill is scheduled to be tabled for the second reading in the current Dewan Rakyat meeting.

The proposed Amendments came about after the Malaysian Medical Council (MMC) refused to recognise certain parallel pathway programmes aimed at training cardiothoracic surgeons, even as government hospitals face a dire shortage of such specialists.

Addressing this, the Bill seeks to improve provisions related to the registration of specialists as well as the recognition of qualifications and specialised training.

It has also proposed changes in the composition of the members of the Malaysian Medical Council(MMC).

Among the substantial amendments is to Section 14 is in relation to the registration of a specialist as under the proposed amendment, the phrase “recognised training programme in any recognised training institution”, will be replaced with "training programmes in any institution determined by the MMC".

A doctor can become a specialist if they are fully registered as a medical practitioner under Section 14 of the Act, holds a qualification as specified in the list of registrable specialist qualifications and has completed specialised training.

The doctor should have also undergone supervised work experience that shall be determined by the MMC and has proven work experience which is acceptable to the council.

Addtionally, the medical practitioner must also prove that they are competent and have a good character.

“Notwithstanding paragraph (1)(b) or (c), any person may be entitled to be registered as a Specialist under section 14c where the Minister, upon the recommendation of the Council, is satisfied that he has any other comparable qualification or comparable specialised training as the case may be, which is of special value to this country, subject to such restrictions and conditions as the Minister thinks fit,” the Bill read.

The specialised training programmes under the Act refers to training approved by the MMC as listed in the Fourth Schedule of the Act namely the list of registrable specialist qualifications

These are the Health Ministry, a local higher educational institution or any other institutions within Malaysia that is approved by the MMC as well as "any other training acceptable to the Council which is provided outside Malaysia in relation to a specialty as specified in the first column of the Fourth Schedule or subspecialty as specified in the Fifth Schedule."

Upon consulting the MMC, the minister can from time to time add, delete or amend the Fourth or Fifth Schedule by issuing an order in the Gazette.

Under section 14C(1) the MMC can require an applicant to furnish further information or documents to support their application, and their name will be included in the Malaysian Medical Register if it is approved.

“The Council may refuse to register any person who is not entitled to be registered as a Specialist under section 14B and shall immediately serve a notice of refusal by stating the reasons of such refusal to the applicant,” the amendment read.

A new sub-section 14D has also been proposed to address sub-specialities, saying that registered specialists may apply to be registered in a sub-speciality listed in the Fifth Schedule of the Act as per the requirements of the MMC.

The composition of MMC council members will also be altered through a proposed amendment to Section 3A.

The number of registered medical practitioners representing local universities and university colleges in the MMC will be reduced to five from nine, through a proposed amendment to subsection 3A(1).

On the contrary, the number of representatives in the council who are from the public service will be increased from three to seven. These members will be nominated by the Director-General and appointed by the Minister.

“Any other training acceptable to the Council which is provided outside Malaysia in relation to a specialty as specified in the first column of the Fourth Schedule or subspecialty as specified in the Fifth Schedule,” the bill read.

The proposed amendment to the Bill came about after the MMC’s refusal to recognise certain programmes.

The Star previously reported that there is a possibility that the Health Minister would be given more clout in conducting and recognising specialist training programmes to deal with the parallel pathway conflict, through the amendment.

It was also reported that the shortage of cardiothoracic surgeons has left some 1,500 heart and lung disease patients in government hospitals in dire straits.

Some of the above cardiothoracic surgeons will also be retiring soon.

Malaysian graduates who had been sent by the government to study cardiothoracic surgery at the Royal College of Surgeons of Edinburgh (RCSEd) are unable to practise in Malaysia as their qualifications are not accepted by the MMC.

In response, the MMC said it had never recognised the RCSEd programme.

Four of these graduates have already sued the MMC for refusing to register them with the National Specialist Register (NSR).

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