Registrar
s 10
(1) For the purposes of this Act there shall be a Registrar of Medical Practitioners. (2) The Director General shall be the Registrar.
Medical Act 1971 Part III — Registration of medical practitioners
Malaysian Medical Register
s 11
(1) The Registrar shall cause to be kept in the prescribed form a register of medical practitioners to be known as the Malaysian Medical Register which shall contain such particulars as may be prescribed. (2) The Registrar shall be responsible for the maintenance and custody of the Register in accordance with the provisions of this Act and the regulations thereunder. (3) The Register shall be deemed to be a public document within the meaning of the Evidence Act 1950 [Act 56].
Persons entitled to provisional registration
s 12
(1) Subject to this Act and the regulations thereunder, a person shall be entitled to be provisionally registered as a medical practitioner, solely for the purpose of obtaining the experience specified in section 13, upon application to the Registrar in the prescribed form if— (a) he holds— (i) any of the qualifications specified in the third column of the Second Schedule granted by an institution specified in relation to that qualification in the second column of that Schedule; or (ii) a qualification in medicine and surgery other than the qualifications referred to in subparagraph (i), deemed suitable for registration by the Minister after consulting the Council; (aa) in the case of a person who holds a qualification referred to in subparagraph (a)(ii), he has passed such examination as may be prescribed or set for the purpose of this paragraph by a body approved by the Minister; and (b) he produces to the Registrar evidence to the satisfaction of the Registrar that, subject to his being provisionally registered, he has been selected— (i) for employment under subsection 13(2) or that he is eligible to be exempted therefrom under subsection 13(6). (ii) (Deleted by Act A840). (2) The Minister may from time to time, after consulting the Council, add to, delete from or amend the Second Schedule by order published in the Gazette.
Experience which a provisionally registered person shall be required to obtain
s 13
(1) Subject to this Act and the regulations thereunder, a person who is provisionally registered shall be required to obtain experience as provided in subsection (2) in order to be entitled to apply for full registration under section 14. (1 A ) For the purposes of subsection (2) there shall be established a Board to be known as the Medical Qualifying Board consisting of— (a) the Director General as Chairman; and (b) an equal number of representatives from each of the Faculties of Medicine of the Universities established under the Universities and University Colleges Act 1971, to be determined and appointed by the Minister. (2) The provisionally registered person shall, immediately upon being provisionally registered, engage in employment in a resident medical capacity to the satisfaction of the Medical Qualifying Board for a period of not less than one year in any hospital or institution in Malaysia which is approved by the said Board for the purpose of such employment; four months of such period shall be spent in a resident surgical post, four months in a resident medical post and four months in a resident obstetrical and gynaecological post; at the conclusion of satisfactory service, as certified by the Medical Qualifying Board, under this paragraph, the provisionally registered person shall be entitled to a certificate issued by the Council in the prescribed form as evidence thereof. (3) (Deleted by Act A840). (4) Where, on application in that behalf, a person satisfies the Council that by reason of lasting physical disability he will be or has been prevented from embarking on, or completing, any period of experience of the practice of surgery or obstetrics and gynaecology required for the purpose of subsection (2), the Council may, if it thinks fit, direct that the applicant may for those purposes count in lieu thereof experience of the practice of medicine (in addition to what would otherwise be required in his case for those purposes) acquired in the like manner and for the like period, or, as the case may be, for so much of that period as will have remained uncompleted. (5) (Deleted by Act A840). (6) The Council may exempt from subsection (2) any person who holds any of the qualifications referred to in paragraph 12(1)(a) if the Council is satisfied that such person has had experience which is not less both in character and scope and in length of time than the experience mentioned in subsection (2): Provided that if the Council is further satisfied that such experience has been had in an institution or hospital approved by the institution which granted the qualification, it shall exempt such person from subsection (2): And provided further that if the experience which has been had in an institution or hospital approved by the institution which granted the qualification is only partly of the character and scope mentioned in subsection (2), the Council may exempt such person from subsection (2) in respect of such part only of the period of experience required thereunder as the Council may deem fit. (7) A provisionally registered person shall be deemed to be fully registered under this Act so far as is necessary— (a) to enable him to enter upon and engage in the employment and service mentioned in subsection (2); and (b) for the purpose of any such written law or such other purposes, as the Minister may direct by order published in the Gazette, but not further. (8) A provisionally registered person shall during the period of employment under subsection (2) be deemed to be a public servant within the meaning of the Penal Code. (9) In this section the reference to employment in a resident medical capacity shall be construed as reference to employment in the practice of medicine, surgery or obstetrics and gynaecology, where the person in question is resident in the hospital or institution where he is employed or conveniently near thereto, and is by the terms of his employment required to be so resident.
Persons entitled to full registration
s 14
(1) Subject to this Act, no person shall be entitled to be fully registered as a medical practitioner under this Act unless— (a) he has been provisionally registered under section 12; and (b) he furnishes proof of having satisfied section 13. (2) An application for full registration shall be in accordance with the provisions of this Act and the regulations thereunder. (3) Notwithstanding anything to the contrary contained in this Act, any person may be fully registered under this section subject to such restrictions and conditions as may be stipulated by the Minister, provided that the person seeking registration under this subsection possesses a qualification with respect to which the Minister, after consulting the Council, is satisfied that it is adequate.
Exemption of certain medical officers in ships
s 15
All ship’s surgeons while in the discharge of their duties shall be exempted from registration under this Act and shall be entitled to all the privileges of fully registered medical practitioners under this Act.
Temporary practising certificate
s 16
(1) Notwithstanding anything to the contrary contained in this Act, the Council may, upon application in writing, issue to a person who is registered as a medical practitioner outside Malaysia a temporary certificate to practise as a medical practitioner, subject to such conditions and restrictions as the Council may specify in such certificate, for a period not exceeding three months. (2) The holder of such temporary practising certificate shall, while the certificate remains in force and subject to the restrictions and conditions specified in the certificate, be deemed to be a fully registered person. (3) The Council may at any time cancel any temporary practising certificate granted under this section and the certificate shall thereupon lapse.
Evidence of qualification to be given before entry on the Register
s 17
(1) No degree or qualification shall be entered on the Register, either on the first registration or by way of addition to a registered name, unless the Registrar be satisfied by such evidence as he may consider proper that the person claiming such degree or qualification is entitled thereto. (2) Every person registered under this Act who obtains any medical qualification other than the qualification by virtue of which he was registered may apply to the Council to amend the Register so far as it relates to the qualifications of that person, and on any such application the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made and that such qualification is of sufficient standing to warrant its being entered in the Register, cause the Register to be amended accordingly by the insertion therein of the particulars of such qualification. (3) The Council shall have power to decide what higher degrees and additional qualifications shall be admitted to be entered on the Register.
Application for registration
s 18
(1) Any person entitled to be provisionally or fully registered under this Act may apply to the Registrar for registration accordingly. (2) Applications for such registration shall be made in such manner or form and shall be accompanied by such documents, particulars and fees as the Council may prescribe.
Restriction on registration
s 19
(1) If any person applying for provisional or full registration has— (a) at any time been found guilty of an offence involving fraud, dishonesty or moral turpitude or an offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine) for a term of two years or upward; (b) after due inquiry by the Council, been found by it to have been guilty of infamous conduct in any professional respect or to be otherwise not of good fame and character; or (c) after due inquiry by a medical review panel, which shall consist of not less than three medical practitioners appointed by the Council, been found to be unfit to perform his professional duties by reason of his mental or physical condition, the Council may direct the Registrar not to enter the name of such person upon the Register. (2) The Registrar shall forthwith give the person concerned notice in writing of such direction by the Council not to enter such person’s name upon the Register. (3) Upon any inquiry under paragraph (1)(b), the applicant shall be entitled to appear before the Council and be heard personally or by advocate and solicitor.
Annual practising certificate
s 20
(1) Any fully registered person who desires to practise as a medical practitioner after the thirty-first day of December of any year shall, not later than the first day of December of that year, make an application in the prescribed form and shall pay the prescribed fee for a certificate to practise as a medical practitioner during the ensuing year. (2) Upon such application and payment, the Registrar shall issue a certificate (to be styled “annual practising certificate”) authorizing the applicant to practise as a medical practitioner during the year for which the certificate is issued. (3) Subject to this Act, the annual practising certificate shall be in force until the thirty-first day of December of the year in respect of which it is issued. (4) Any fully registered person who fails to apply for an annual practising certificate in the manner and within the period laid down in subsection (1), may, on making an application in such form and on payment of such additional fee as may be prescribed, be granted an annual practising certificate for the ensuing year, if the application is made during the month of December of any year, or for the remainder of the year, if the application is made on or after the first day of January of any year. (5) Notwithstanding anything to the contrary contained in this Act, a fully registered person may practise as a medical practitioner without an annual practising certificate up to the thirty first day of December of the year in which he obtains full registration under section 14 but he shall for the purpose of this Act and any regulations made thereunder be deemed to have an annual practising certificate for that period. (6) An annual practising certificate and an application therefor shall specify the address of the principal place of practice and all other places of practice of the applicant, and any change in any such address shall be notified by the practitioner to the Registrar and an endorsement of such change on the annual practising certificate obtained from the Registrar within thirty days of such change. (7) A fully registered medical practitioner who practises medicine, surgery or obstetrics and gynaecology and who— (a) has not an annual practising certificate in respect of himself in force; (b) is in partnership with a fully registered person not having such a certificate; (c) has in his employ a fully registered person not having such a certificate; or (d) is employed to carry on the business of a medical practitioner on behalf of a person not having such a certificate, shall be guilty of an offence against this Act and he shall not be entitled to recover any fee, reward, disbursement or cost incurred during the time when he or any other person as aforesaid has not had an annual practising certificate.
Publication of list of fully registered medical practitioners issued with annual practising certificates
s 21
(1) The Registrar shall as soon as may be after the first day of January of every year prepare and publish in the Gazette a list or lists of the names, addresses, qualifications, dates of the qualifications and dates of full registration of all persons to whom annual practising certificates have been issued for that year. (2) The publication of such list shall be prima facie evidence of the particulars contained therein. (3) The absence of the name of any person from such list shall be prima facie evidence that such person has not been issued with an annual practising certificate and is not authorized to practise as a fully registered person. (4) A certificate under the hand of the Registrar of the particulars appearing in the Register in respect of any person shall be conclusive evidence of such particulars.
Notification of change in permanent address of residence or practice
s 22
Every registered person shall notify any change in the permanent address of his residence or practice to the Registrar within thirty days of such change.
Power of Council to make certain endorsement against names in the Register
s 23
Where the Council is satisfied that any person whose name appears in the Register is deceased or is no longer practising medicine in Malaysia it shall make an endorsement accordingly against his name in the Register.
Cessation of registration
s 24
(1) Where— (a) the Registrar is satisfied that any person who is registered under this Act is admitted to or confined in a mental hospital under any law; (b) any person who is registered under this Act has been certified by a medical review panel, which shall consist of not less than three medical practitioners appointed by the Council, to be unfit to perform his professional duty by reason of his mental or physical condition, he shall thereupon cease to be so registered, and an endorsement shall accordingly be made against his name in the Register. (2) Any person who has ceased to be registered under this Act by virtue of subsection (1) shall not again be registered unless he satisfies the Council that his mental or physical condition, as the case may be, warrants such registration.
Alterations in the Register
s 25
(1) The Registrar shall, from time to time, insert in the Register— (a) any alteration which may come to his knowledge in the name or address of any person registered under this Act; (b) such alterations in the qualifications, additional qualifications and other particulars as under this Act are required to be altered. (2) The Register shall, from time to time, strike off from the Register the name of such person as under this Act is required to be struck off.
Privileges of fully registered persons and disabilities of unregistered persons
s 26
(1) Every person whose name is for the time being borne on the Register as fully registered under this Act shall be entitled, according to his qualifications, to practise medicine, surgery and obstetrics and gynaecology in accordance with the provisions of this Act and to recover in due course of law reasonable charges for professional aid, advice and visits and the value of any medicine or any medical or surgical appliances rendered, made or supplied by him to his patients, provided that at the time of performing any such act he had an annual practising certificate in force. (2) Subject to sections 15, 16 and 34, no person shall be entitled to recover in any court any such charges as are referred to in subsection (1) unless at the date when such charges accrued he was a fully registered medical practitioner and had an annual practising certificate in force: Provided that nothing in this subsection shall affect the practice of midwifery by any person duly authorized in that behalf under the provisions of any law in force in Malaysia or any part thereof.
Medical certificate
s 27
No certificate or other document required by any written law to be signed by a duly qualified medical practitioner given after the commencement of this Act shall be valid unless signed by a fully registered medical practitioner.
Definition
s 28
The words “legally qualified medical practitioner” or “duly qualified medical practitioner” or any words importing a person recognized by law as a medical practitioner or member of the medical profession, when used in any written law with reference to such persons, shall be construed to mean a fully registered medical practitioner. P ART IV DISCIPLINARY ROCEEDINGS
Disciplinary jurisdiction of the Council
s 29
(1) The Council shall have disciplinary jurisdiction over all persons registered under this Act. (2) The Council may exercise disciplinary jurisdiction over any registered person who— (a) has been convicted in Malaysia or elsewhere of any offence punishable with imprisonment (whether in itself only or in addition to or in lieu of a fine); (b) has been guilty of infamous conduct in any professional respect; (c) has obtained registration by fraud or misrepresentation; (d) was not at the time of his registration entitled to be registered; or (e) has since been removed from the register of medical practitioners maintained in any place outside Malaysia.
Disciplinary punishments
s 30
The Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments: (i) order the name of such registered person to be struck off from the Register; (ii) order the name of such registered person to be suspended from the Register for such period as it may think fit; (iii) order the registered person to be reprimanded; or (iv) make any such order as aforesaid but suspend the application thereof, subject to such conditions as the Council may think fit, for a period, or periods in the aggregate, not exceeding two years, and may, in any case, make such order as the Council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered person, and any costs awarded may be recovered as a civil debt.
Appeal against orders of the Council
s 31
(1) Any person who is aggrieved by any order made in respect of him by the Council in the exercise of its disciplinary jurisdiction may appeal to the High Court, and the High Court may thereupon affirm, reverse or vary the order appealed against or may give such direction in the matter as it thinks proper; the cost of the appeal shall be in the discretion of the High Court. (2) The decision of the High Court upon such appeal shall be final. (3) The practice in relation to any such appeal shall be subject to the rules of court applicable in the High Court: Provided that the High Court shall not have power to hear any appeal against an order made under section 30 unless notice of such appeal was given within one month of the service of the order in the prescribed manner.
Restoration of name to Register
s 31A
(1) No person whose name has been struck off from the Register under subparagraph 30(i) shall thereafter be entitled to be registered as a medical practitioner under the provision of this Act, but the Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to the Register; and where the name of a person has been suspended from the Register under subparagraph 30(ii), such person shall be entitled at the expiration of period of suspension, but not earlier, to apply for the certificate of registration and the annual practising certificate (if the period for which it is issued is still unexpired) to be returned to him. (2) An application under subsection (1) shall be made in such manner or form and accompanied by such documents, photographs, particulars and fees as may be prescribed.
Back to Medical Act 1971 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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