The 1st clinic doctor convicted under the PHFSA
posted in - Nation, - Palmdoc |According to the NST, Dr Basmullah Yusof has earned the dubious distinction of being the first person in the country to be convicted under the Private Healthcare Facilities and Services Act 1998.
Dr Basmullah, 44, had been operating the Al-Hilal Medical Centre Sdn Bhd at No 55, Jalan 5/76B, Desa Pandan, off Jalan Kampung Pandan, since 1998. The father of eight, who was charged on Dec 13 last year, had pleaded guilty to committing the offence at the premises at 10pm on July 11 last year.
Sentencing was fixed for yesterday. Under the act, he was liable to a maximum fine of RM500,000.
In mitigation, Dr Basmullah, who was unrepresented, pleaded for leniency, saying he did not register his clinic as he wanted to sell it and that he was not the only person running the clinic.
“I have financial problems and I still have to pay RM7,000 for the clinic and RM10,000 in personal loan,” he said.
Sentencing was fixed for yesterday. Under the act, he was liable to a maximum fine of RM500,000.
Dr Basmullah said he had since moved to Putrajaya claiming it was cheaper to live there and that he had sold his car and was using a motorcycle.
This really sounds like a financially down and out GP. A search in the Malaysian Medical Register shows that Dr. Basmullah Yusof is a USM graduate, attained MMC registration in 1990 and as of 2008 still holds a valid APC. And yet,
DPP Norfiza Mohamed Noordin from the Health Ministry pressed for a deterrent sentence.
“Unlicensed clinics make it hard for the ministry to monitor them to ensure that they do not illegally sell drugs or conduct illegal abortions. This is to ensure public safety.
“Being busy and having financial problems are not excuses for not registering the clinic,” she said.
This is a qualified licensed medical practitioner but he had not registered his clinic under the draconian PHFSA. True, he broke the law but aren’t there any mitigating circumstances? Contrary to public perception, life as a GP now is very hard. Some doctors can’t even make it financially and go broke or quit practice altogether.
What happened?
Judge S.M. Komathy Suppiah fined Dr Basmullah RM120,000 or three months’ jail. At Press time, he had not paid the fine and was taken to the Kajang prison.
Medical practitioners in this country now face the wrath of pencil pushers who will not hesitate to fine or even jail those who do not comply with the PHFSA. I await the day to see a doctor who is jailed for not renovating his clinic to make sure his clinic toilet doors swing the right way or his ceiling is the “wrong height”.
When there are quacks, charlatans and bogus doctors running around the country, when there are tons of false advertising from the alternative health industry, don’t the authorities have better things to do?
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January 26th, 2008 at 6:17 pm
I also spotted this link in LKS’s blog (Will Ong Ka Ting review the PHFSA?) which gives a little insight into Dr Basmullah Yusom. From Dr. Azwan’s blog:
So from Dr. Azwan’s perspective, he was a well liked family doctor who did home visits, performed circumcisions and wore a large “serban”
January 26th, 2008 at 9:36 am
I saw this in LKS blog:
“I can only say, a lawyer is much more “cunning” than a doctor. Doctor is taught to be honest but lawyers are taught to play with words.
Lawyer can simply reply,” I cannot remember whether I hold a practising certificate. It looks like I dun have a practising certificate but I would not say I have a valid practising certificate or I dont have a valid practising certificate”
But a doctor will confess to his wrongdoings “I am the man in the tape”
Looks like I wrote this piece of comment - did I? but it may or may not be written by me. I can’t confirm or deny it.”
January 26th, 2008 at 9:27 am
Another letter to the Star:
Doc paid heavy price
A TRAGIC and grave social injustice occurred when Dr Basmullah Yusom was sent to jail for not registering his medical practice.
The Private Healthcare Services and Facilities Act (PHSFA) came into force two years ago, and since then, it is apparent that the authorities concerned have been actively implementing the regulatory aspects of the law.
The big stick came, as we feared, ironically for a tragic reason – when a qualified doctor was charged as a criminal.
When the PHSFA first came into being, private doctors jumped up in protest, only to be assured by the Health Minister and Director General of Health, that such laws were meant for the good of the nation, even winning the support of the then Malaysian Medical Association (MMA) president, who was quoted as saying that the law “bodes well for the medical profession”.
The Health Ministry has broken its word of assurance given by both the ex-minister and current director general.
Newspapers reported that the Deputy Public Prosecutor from the Health Ministry had pressed for a deterrent sentence. Surely, this is again contrary to the spirit behind any law, to deal with an intentional criminal strongly, but to be lenient to a first-time offender.
The good doctor, who serves the poor and rich, the sick and the well, has to subscribe to four or more licences and fees, to practise these days.
There is the Malaysian Medical Council licensing, the PHSFA licence, the medical protection insurance fee, the specialist registry fee and the professional body annual fee and the MMA, the last being a social body, supposedly to look after his interests.
To charge and then allow the process of law to jail him, without warning him or giving him a second chance, is a grave social injustice that must be addressed urgently.
The swiftness of the legal and justice process, in comparison to other legal cases, is also befuddling.
He was charged on Dec 13, and sentenced on Jan 17, and of course, the doctor did not have the funds to pay the hefty RM120,000 fine and thus ended up in jail.
The observant reader would also have noticed that he did not have a qualified attorney and spoke in his own defence, which was obviously ineffective.
His clinic in Jalan Kampung Pandan was also taped in yellow, a very humiliating act by the authorities. This high-handed way of enforcement is not the way to handle a medical doctor, whatever his error.
Sadly, the guillotine has fallen on the medical profession. Who will speak up for the doctor? We appeal to the Prime Minister to repeal or review this harsh law.
January 24th, 2008 at 1:19 pm
At least the MMA has come out to support : Review Punishment Against Doctor
January 24th, 2008 at 9:08 am
Drngsc, perhaps also ask the MOH if this Mobile Healthcheck clinic registered under the PHFSA. If not perhaps those concerned should be arrested as well?
January 24th, 2008 at 9:01 am
I have written to NST on this, and I would like to encourage all of you, who are obviously outraged, to write a short letter to the NST, protesting this. We must let the ” little Napoleons ” know that the penalty does not fit the crime, and that there are many out-there who are harming, maiming, and killing people, who merit their greater attention. Suggest that you write in a distress ” Malaysia boleh ” style. For example ING insurance MCO arm, ING Employee benefits Sdn Bhd, has been operating right under the MOH noses illegally ( they are not yet registered with MOH as required under the PHCFS Act ), and nothing has been done, and MOH knows about it. We told them too.
Swee Choon
January 24th, 2008 at 7:23 am
It’s a sad day for the medical fraternity in this country. Just makes me so angry.
January 24th, 2008 at 12:39 am
A GP goes to jail for failing to register his clinic…
but…
so many politicians have got away with less (misappropriating public funds, illegal construction of buildings, oral sex etc).
Hey fellow doctors, watch your own back.
January 23rd, 2008 at 5:56 pm
Well, that’s Law! Inhumane as it is, but that’s Law! People perceive doctors are humane and noble people - always trying to help patients and make ends meet for them; when patients are in trouble, we doctors help them in whatever ways we could; when there is something out of expectation happens along the way, doctors are always the negligent ones; however on the other hand, the Law does not need to be humane or noble to the good-hearted doctors. If you are found guilty, then u ARE guilty. No compromise.
The ministry, under our beloved ex-health minister, who is always brilliant and caring, has come out with this PHFSA thingy. So thank him for that!
Lesson to learn - tell your kids to become a lawyer, not doctor!
January 23rd, 2008 at 11:45 am
Rueben Sher in a letter to the NST says that this action is a A blow to mutual trust