Are “1Malaysia Clinics” violating the Medical Act?
posted in - Nation, - Palmdoc |This was pointed out in the MMR Forums (Doctors section):
Does MSQH, or even MoH for that matter, realise that the use of the term or name “Clinic” when it is NOT manned by a Registered Medical Practitioner, is in violation of the law, specifically Medical Act 1971
Act 50 – Medical Act 1971 LAWS OF MALAYSIA Act 50 MEDICAL ACT 1971*
PART V GENERAL
33. (1) Any person not registered or exempted from registration under this Act who
(…)
(e) practises medicine or surgery; or
(f) uses the term clinic or dispensary or hospital or the equivalent or any of there terms in any other language in the signboard over his place of practice in purported practice of medicine or surgery as a
person registered under this Act; or
(g) uses a symbol designed by the Council for the use of registered medical practitioners only;
shall be guilty of an offence against this Act.
(2) For the purposes of subsection (1)
(a) the taking or using by any person of the term doctor or clinic or dispensary or hospital or the equivalent of any of there terms in any other language in relation to the practice of medicine or surgery shall be deemed to be the taking or using of a 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; and
(b) subject to regulations made under the provisions of paragraph (p) of subsection (2) of section 36, the using by any person in the practice of medicine or surgery of a sphygmomanometer, stethoscope,
hypodermic syringe or other instrument used exclusively by persons qualified to practice medicine or surgery according to modern scientific methods, shall be deemed to be the using of instruments
calculated to induce a person to believe that he is qualified to practise medicine or surgery according to modern scientific methods.
Perhaps as the MSQH suggests, the 1Malaysia “clinics” should be called “Triage Centres” instead. Or perhaps 1Malaysia Paramedical Services.
The MSQH themselves define Clinics as:
MSQH Medical Clinics Accreditation Standards (New)
“The term Medical Clinics for the purpose of these standards refer to all free standing outpatient clinic services managed by medical practitioner and cover both private and public sector clinics including specialist clinics. The term services include consultations, investigations and treatments.”
Thanks to dranony of the MMR Forums for the info.
- there’s the suggestion that it should be renamed to “1Malaysia Pondok Kesihatan”. I kinda like that.
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January 27th, 2010 at 10:10 am
*Sigh* old medical acts and fighting for term usage. Previously it was religion and now we wanna move on to medical? besides, I can see many ways to interpret the abovementioned act but the thought of registered medical practitioner manning clinics being a must is the least of them. It’s all up to interpretation.
January 27th, 2010 at 10:13 am
If one doesn’t make a stand, next up would be loose interpretation of the term “doctor”.
January 27th, 2010 at 10:13 am
besides, there’s rural maternal health clinics manned by midwives, etc.. besides, the purpose of this would be to avoid unscrupulous people from acting doctor.
January 27th, 2010 at 10:27 am
kong1ming2 is right in that the Medical Act 1971 is to prevent unqualified people from “playing doctor.”
but that is exactly what the 1Malaysia “clinics” are doing. After all, if it is unacceptable for a private “clinic” to be manned by non-doctors, then why should 1Malaysia “clinics” be allowed to do so?
January 27th, 2010 at 10:32 am
the law explicitly states that clinic MUST BE MANNED by a medical practitioner-thats the essence of the law.however,the MOH/health minister can issued a directive/rule to circumvent the act.by permitting paramedics to practise in specific premises.
in their haste to implement the 1M clinics,have the MOH forgotten to issue such a directive /special regulation allowing these ‘exempted’ clinics to operate legally
this is not unsimilar to allowing non registrable doctors a temporary/restricted license to practise here issued by MMC in specific disciplines or taking up academic posts in the 23 medical schools here
January 27th, 2010 at 10:35 am
palmdoc is right about moves to loosen the interpretation of the word “doctor.”
already, there are those who are trying to call those who are manning 1Malaysia “clinics” as “Assistant Doctors” or “Assistant Medical Officers.”
But the funny thing is, they are NOT “assisting” any doctor, but are left to diagnose and treat patients without any direct supervision!
I would disagree with kong1ming2 that the term “doctor” and “clinic” can be used loosely, for that would lead to misleading of the public, in their being treated by unqualified personnel.
This issue in NO way resembles what you call your deity in your own place of worship.
January 31st, 2010 at 8:26 pm
In Australia the nurses and technicians are very highly qualified and trained. Most hold degrees and have a lot of experience. HOwever none of them are allowed to prescribe medications or treat patients as that is the job and legal responsibility of doctors. Anyway it is a political decision and our politicians are excellent at sloganeering and quick fixes but not considering the long term plan.