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 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
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 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 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 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 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 1:19 pm
At least the MMA has come out to support : Review Punishment Against Doctor
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 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 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 27th, 2008 at 12:17 pm
I would like to share this with ALL THE DOCTORS and the PUBLIC.
Doctors treat patients irrespective of their colors.
1) We dont ask the patients are you from
– UMNO, MCA, MIC , DAP OR KEADILAN or what ever,
2) We dont ask you, are you related to any POLITICIANS
3) We dont ask you whether you are from a rich family,
If we see someone injured, we treat them the best we can, without even questioning the
above questions, or EVEN ask whether you have money to pay later or not.
WE TREAT FIRST. We treat patients with our hearts.
BUT…………….
When doctors made some techinical mistake, – NOT MEDICAL NEGLIGENCE
(- BY THE WAY HE IS STILL A QUALIFIED DOCTOR WITH VALID ANUAL PRACTISING CERTIFICATE (APC))
There were no MERCY.
No body out there treat DOCTORS WITH THEIR HEARTS, as what we DID to our patients !!!
The Prosecuting officer – NORHAFIZA- PRESSED A HEAVY CHARGE ON HIM.
DID NOT EVEN THINK SHE AND HER FAMILY MEMBERS, HAD AT LEAST ONE TIME IN THEIR LIVES,
SEEK TREATMENT FROM DOCTORS
She should, with a little bit of heart and brain, adviced the court that the doctor
should be warned first OR with a minimal fine for first time offender !!
so that he can affort to pay.
Mind you, he has 8 kids, just tell me how would the children feel, who will feed them…
His wife is not working……
Dont you out there, especially the DPP,have a heart !!!!!!xxxxxxx!!!!
You know that he can just close the clinic and work some where else…can easily earn
RM5000 TO RM7000 a month as a locum.
If he works hard enough as locum can earn up to RM10,000 a month.
His lifestyle reflects that he is not making much money with the clinic.
BUT
He still open the clinic hoping to see HIS PATIENTS, who are under his care,
to be able to get their monthly supply of medicine,
his advice and see that all the patients are well taken care of.
Just imageine,
IF ALL THE DOCTORS IN MALAYSIA, JUST STOP WORKING FOR ONE DAY ……!!!!
WHAT WILL HAPPEN TO THE PATIENTS?
- THE PATINET IN ALL THE HOSPITALS….
PATIENT ON VENTILATORS, PATEINTS WITH HEART ATTACK…..
YOUR WIVES IN THE LABOUOR ROOM…….
YOUR BABIES IN THE WOMB….NEED OPERATION (LSCS)
Any of the patients CAN BE YOUR FATHERS OR MOTHERS, OR YOUR WIVES OR RELATIVES !!!
Your sick children that need doctors treatment !!
TELL ME. TELL US, HOW MANY LIVES WILL BE AT RISK……
OR HOW MANY PEOPLE WILL DIE ???
PLEASE, PLEASE YOU DONT TREAT DOCTORS LIKE CRIMINALS……….!!!
Just think again,
The country can still RUN without
A JUDGE FOR ONE DAY…,
A PRESECUTING OFFICER FOR ONE DAY……
A TEACHER FOR ONE DAY,
A LAWYER FOR ONE DAY,
BUT…..
A COUNTRY CANNOT RUN WITHOUT A DOCTOR FOR ONE DAY…..
– MANY PATIENTS CAN DIE…….THOSE CAN BE OUR FATHER AND MONTHER…. OUR CHILDREN
JUST THINK AND THINK AND THINK AGAIN …..!!!!
DOCTORS MUST BE UNITED..
WE SHOULD DRIVE A MOVEMENT TO HELP OUR BROTHER,( OUR FRIEND, OUR COLLEGUE)
AS WHAT IS IN OUR OATH,WHEN WE FIRST GET INTO MEDICAL SCHOOL…!!
EVERY DOCTOR IN MALAYSIA COME FORWARD,
EVERY DOCTOR CONTRIBUTE RM100, POOL THE MONEY AND GET HIM OUT OF THE JAIL !!!!!!
JUST THINK AGAIN,
ANY ONE OF US, CAN BE IN THE PRISON, ANY TIME……
JUST FOR ANY MINIMAL TECHNICAL MISTAKE ……..
———— WE, DOCTORS ARE AT RISK ————-
_____________________________________________________________________
January 27th, 2008 at 1:15 pm
Ya. I read the comments. I feel very, very bad. We trusted them, when they assured us. I am so sorry for what has happened. Dr Basmullah ( and I hope this wont happen again to anyone ), I am sorry. I really don’t know what else we could do, then ( 2006 ) or now.
Swee Choon
January 27th, 2008 at 3:39 pm
drkhalid57: I can tell u that most (but not all) doctors are not as united as u think we should be. Even in a department, when the MOs are not happy with certain overboard rules or regulations by the HOD or Pengarah, everyone seems to be angry and complain a lot; but when it comes to calling everybody to stand united and voice out during meetings with HOD or Pengarah, everyone becomes a silent tikus – for fear that their future will be jeopardised should the HOD or Pengarah kick them out of that dept or being sent to the district hospitals.
So i can foresee that Basmullah will not be the last person going to jail – and that no one will step forward to make noise loud enough for Basmullah to be released. One word of “sorry” to Basmullah is all the doctors who are still outside the jail can provide.
Sigh.
January 28th, 2008 at 7:20 am
The first appeal for financial help for our brethren
http://medicine.com.my/wp/?p=3034
Has the MMA done anything similar?
January 28th, 2008 at 8:53 am
Hi friends,
We all feel the same way. We all want to help. We must see how to get him out of this mess, for all our sakes. Looks like we may have to visit Kajang prison, to talk to him.
Swee Choon
January 28th, 2008 at 9:08 am
drscng, the only way to contact Dr. Basmullah now is to visit him in Kajang prison since he does not have access to a phone or email.
His colleagues who have visited him should be able to help
http://forum.malaysianmedicine.com/topic.asp?TOPIC_ID=1585
January 29th, 2008 at 12:25 pm
Thank you for ALL the support that we have received so far.
I am very touched and grateful to everybody
for your generousity and kindness shown.
And for the positive response…….thank youso much.
It is nice to know that…….
WE are Malaysians………WE CARE
and
there are still people out there, with kind hearts
I have received contributions from a quite a number of doctors who responded.
The furthest is from a doctor in Kuching, Sarawak (NORMAH MEDICAL CENTRE)
And the southest-most is from a doctor at PSH, JB.
A few of the doctors also mentioned to extend the contribution to the Dr’s family members.
Heard that MMA is trying to get good lawyers and go through the proper channels…..
Thank you to MMA for the wonderful job done…..we need your support.
(MMA knows that Dr Basmullah is not a member YET, thank you)
_____________________________________________________________
About PPIM, yes, we had spoken to the Presient…….
He responded ” Is he a member?”
“We are not sure” (eventually we found out that Dr Basmullah IS A MEMBER OF PPIM)
He then said that why only now seeking help from PPIM,
only when desperate look for PPIM, why did not attend the meetings, bla, bla…..
he said that he was busy now, and has projects to take care,and …blaa ..blaaa
In the end said ” SORRY I DONT THINK I CANT HELP YOU”
- without even checking whether Dr Basmullah is a PPIM member, if that is the condition !x!!!
I THINK HE SHOULD REALLY ‘WAKE-UP’,
LOOK AT HIMSELF……really LOOK AT HIMSELF
If he cannot lead the society, cannot accomodate ‘SOME’of his precious time,
the next best thing to do :
“QUIT”
So that other people who has the credibility and leadership qualities to take over !!!
It is very sad and disheartening to to hear from a PRESIDENT making those remarks.
So now, what the hack of us being PPIM members, if the president did not even care?
Especially when we are in DIFFICULTIES !!!!
He being an academician in a local university,
one should have,or should teach
good values to the medical students.
So that when these students become doctors,
they can be good doctors with the highest moral values ever:
- caring, dedicated, responsible, leadership qualities, sincere, ever wiling to HELP,
learn to buIld good network, be able to accept opinions, do not be SELFISH etc
- Otherwise go and SELL FISH !!!
Those are some of the qualities that we need to be good doctors and good citizen as well.!!
Latest news that we get, many of the organizations, political parties :
Persatuan Pengguna Islam Malaysia, – Dato’ Dr Maamur
from UMNO
from Keadilan,
from DAP,
from PADU USM, Kubang Kerian, Kelantan
from USM, Minden,Penang
are trying to help, for the sake of the doctor and his family.
“UNTIL NOW WE HAVE NOT RECEIVED ANY WORD FROM PPIM”
I would like to express my SINCERE THANK YOU and truly appreciate
everybody’s effort for all the cooperation, support and encouragment given.
Kind regards,
Dr Khalid
HP : 012-3772110
January 29th, 2008 at 4:06 pm
HELLO AGAIN,
FOR THOSE WHO WANTS TO CONTRIBUTE,
PLAASE SEND TO:
PERSATUAN PENGGUNA ISLAM MALAYSIA
DATO DR MAAMUR
TEL: 03-4256-6617 , 4257-7222
019-359-1000
OR CONTACT :
PERSATUAN DOKTOR USM
(PADU)
PLEASE CHANNEL YOUR CONTRIBUTION TO THE ABOVE SOCIETY
JUST TO REMIND EVERYBODY,
PLEASE DO NOT DISTRIBUTE MY NAME OR MY ACCOUNT NO. IN THE INTERNET
THOSE PARTICULARS ARE FOR MY PERSONAL FRIENDS ONLY.
PLEASE KEEP THEM TO YOURSELVES.
FOR THOSE WHO HAD SENT TO MY ACCOUNT,
I WILL CHANNEL TO PERSATUAN PENGGUNA ISLAM
THANK YOU FOR YOUR COOPERATION
DR KHALID
HP : 012-3772110
January 30th, 2008 at 7:22 am
Spotted this letter in LKS’ blog:
Botched PHFSA – why the Director-General of Health must resign
It is with regret that medical practitioners learn of a doctor being jailed under the Private Healthcare Facilities and Services Act 1998 (PHFSA) for not registering his clinic. This is clearly not what was promised to doctors when both the current Director General of Health, Ismail Merican and the previous Health Minister Chua Soi Lek were all gung ho about implementing an Act that was clearly poorly drafted. When the PHFSA came into effect on Nov 1, 2006, there was great resentment and distrust among private doctors. The PHFSA was regarded as an insult to their integrity and demeaning the profession. Many were distrustful about the implementation of a haphazardly written law by a ministry known primarily for its incompetence.
Despite the misgivings of senior GPs, specialists, ex-DGs, ex-MMA chairmen and even a senior judge such as Datuk Mahadev Shankar who was an authority on medico-legal proceedings, both the Minister and the DG ran roughshod over their objections in implementing this law. Doctors still recall how Chua and the DG quickly convened a meeting when medical practitioners threatened to march to parliament. At the meeting, they promised various amendments to the Act. The Malaysian Medical Association (MMA) and other medical associations trusted the word of both the Minister and the Director General and did not even push for all the changes to be in writing before the law was passed.
But today it is clear that the word and the credibility of the Director-General means nothing as the regulation has now claimed its first victim, Dr. Basmullah Yusom, a USM graduate, registered with the Malaysian Medical Council with a valid Annual Practicing Certificate. He was fined an unbelievable RM120,000 and jailed subsequently for three months when he could not afford to pay this fine. He couldn’t even afford counsel. Anyone, long enough in the profession will tell you that there are many medical practitioners who serve their communities quietly without expecting too much in financial returns.
Unless the DG thinks nothing of the jailing of a doctor, is this what the DG had in mind regarding the PHFSA? It is common knowledge among the medical profession who the real culprit and draftsman for this dubious Act is at the Ministry of Health, but the DG must now shoulder the ultimate blame. That the Act was so badly drafted was plain to everyone but the DG and the previous Minister. Chua went ahead and tabled it to a trusting parliament including his own Barisan Nasional colleagues. The Minister despite being a doctor was more of a politician, and was probably playing to the gallery and consumer associations. But the PHFSA was a highly technical and professional issue. The Director-General should have forwarded his concerns but instead chose to also play politics.
The KSN, Tan Sri Mohd Sidek Hassan commented today that the “benevolent public official of I know-what’s-good-for-you” attitude does not and will not work in these times anymore”. Will the KSN, who has promised to clean up the civil service demand for the Director-General’s resignation for misleading Parliament and lying to doctors about the implications and consequences of the PHFSA. I am certain even BN parliamentarians must have been aghast at what they have done. Their reaction would surely be “Mana kita tau? Kita harap Menteri sama DG lah”. If we are going to have responsible governance, civil servants must be held accountable for their follies. “Tak Tau” or “Cannot remember” will not do. Tan Sri Sidek would do well by calling up the DG of Health as to how such a poorly drafted Act was presented to parliament in the first place? I am certain the government wouldn’t have passed an Act that would criminalize a registered doctor let alone send him to jail? And no government would like to be made a fool of either, as is the case here.
The implementation of this vague and ambiguous Act must be put on hold until proper discussions with all doctors affected by it are held. It must be debated properly and transparently in parliament and implemented only if it is really proven necessary that current legislations prove inadequate. New laws should not be passed just because someone had returned home with a law degree and has this sudden urge to implement a piece of legislation so that he can be promoted. Civil servants should be vigilant about the promulgation of regulations that can have far reaching implications on especially highly technical professions.
January 31st, 2008 at 7:47 pm
More news: Karpal takes up case pro bono publico
It has been more than a week now, and not a public word from the Acting Minister of health or the DG
Elegant silence?
September 27th, 2008 at 12:28 pm
its a shame that when the lawyers can take to the street to walk the talk and unite to fight for what they believe…we doctors sit back and watch another fellow collegue fall prey to unjust judiciary system. Do u feel safe as a doctor…do u really feel like your rights are being looked after for when u go out on a limb to help a patient…u better think twice the next time u decided to do cpr on a helpless person on the side of the road. his family might just sue you for causeing an incidental pneumothorax or something.
SHAME ON US DOCTORS for letting the goverment recognise and derecognize medical univerisities based on their own monotary preference. THINK!!!!!!!!!!!
if we all stood together in unison and did not go to work for just ONE DAY on a MONDAY! what would happen to the country? the a&e depts of all htose gov and private hosp??
stand up for yourself, stand up for all of us and our right!!!!!!!!!!! not the pengarah hospital, nor the health minister who has almost most of the time been a non – medico (does that even make sense to anyone who is hearing this….of course the teachers get more pay rise than us la like this!!), no one looks out for us the way they should!!!
STAND UP, PICK A DATE…SPREAD THE WORD!! WE SHOULD REALLY DO SOMETHING ABOUT OUR RIGHTS AND FOR ONCE STOP MAKING FUN OF THE LAWYERS AND ACTUALLY LOOK IN THEIR DIRECTION AND AT LEAST TELL YOURSELVES YOU HAVE 1/10TH THE SELF DIGNITY AND PRIDE THOSE COURAGES PEOPLE HAVE!