Practising certificates
Open ↗36.—(1) Any registered medical practitioner who desires to obtain a practising certificate must make an application to the Medical Council in such form and manner as the Medical Council may require.
(2) Every application for a practising certificate must be accompanied by the prescribed fee.
(3) A practising certificate is to be granted for a period not exceeding 2 years from the date of issue of the practising certificate.
(4) Any application for renewal of a practising certificate must be made not later than one month before the expiry of the practising certificate in such form as the Medical Council may require.
(5) Any registered medical practitioner who applies for a practising certificate later than one month before the expiry of the practising certificate is liable to pay to the Medical Council such late application fee as may be prescribed by the Medical Council.
(6) The Medical Council may —(a)
refuse to grant a practising certificate to a registered medical practitioner; or
(b)
refuse to renew the practising certificate of the registered medical practitioner,
if the registered medical practitioner fails to comply with any condition that is prescribed by the Medical Council with the approval of the Minister for the purposes of this section.
(7) Without limiting subsection (6) and section 70(2)(b), the Medical Council may, with the approval of the Minister, prescribe conditions that require a registered medical practitioner applying for the grant or renewal of his practising certificate to —(a)
submit such information or declaration (including statutory declaration) as the Medical Council may require;
(b)
comply with such continuing medical education requirements as may be prescribed; and
(c)
take out and maintain, or be covered by, adequate and appropriate insurance or other forms of protection with such insurers or other organisations as may be approved by the Medical Council for indemnity against loss arising from claims in respect of civil liability incurred by that practitioner in the course of his medical practice, and which meets such minimum terms and conditions as the Medical Council may determine.
Cancellation of practising certificates
Open ↗37.—(1) The Medical Council may cancel any practising certificate issued to a registered medical practitioner if the Medical Council is satisfied that —(a)
the practising certificate has been obtained by the registered medical practitioner by fraud, or the registered medical practitioner has, in connection with the application for the practising certificate, made a statement or provided any information or document that is false, misleading or inaccurate in a material particular; or
(b)
the registered medical practitioner fails, or has failed, to comply with any requirement prescribed in connection with the practising certificate (including any requirement that every registered medical practitioner must comply with in order to continue holding the practising certificate).
(2) Where the Medical Council decides under subsection (1) to cancel a practising certificate, the Medical Council must serve on the registered medical practitioner a notice of the decision.
(3) A decision by the Medical Council under subsection (1) takes effect on the date the notice under subsection (2) is served on the registered medical practitioner concerned, or on a later date specified in the notice.
(4) A registered medical practitioner who is aggrieved by the cancellation of his practising certificate under subsection (1) may, within 30 days after receiving the notice mentioned in subsection (2), appeal to the Minister whose decision is final.
(5) An appeal against a decision to cancel a registered medical practitioner’s practising certificate does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister, the decision appealed against must be complied with until the determination of the appeal.
(6) Where a registered medical practitioner has had his name removed from any register (other than the Register of Specialists or the Register of Family Physicians) under this Act or has had his registration suspended under this Act, any practising certificate issued to him is deemed cancelled.
(7) The cancellation or deemed cancellation of a practising certificate under this section does not affect —(a)
the enforcement by any person of any right or claim against the registered medical practitioner; or
(b)
the enforcement by the registered medical practitioner of any right or claim against any person.
(8) A registered medical practitioner whose practising certificate is cancelled or deemed cancelled under this section must, as soon as practicable after receiving notice of the cancellation, removal from a register or suspension of registration (as the case may be), surrender his practising certificate to the Medical Council.
(9) To avoid doubt, this section does not affect the operation of Part 7.[Act 34 of 2020 wef 01/07/2022]
