s 40 Complaints against registered medical practitioners, etc.
40.—(1) A person (called in this Part the complainant) may make a complaint against, or provide information about, any registered medical practitioner to the Medical Council on any matter mentioned in subsection (3) or (4). (2) Every complaint against, or information about, any registered medical practitioner mentioned in subsection (1) must —(a) be in writing; (b) be supported by a statutory declaration unless the complaint or information is made or provided by a public officer or the Medical Council; and (c) be accompanied by every relevant document and information that is in the possession of the complainant. (3) The complaint mentioned in subsection (1) is a complaint —(a) relating to —(i) the conduct of a registered medical practitioner in his professional capacity; or (ii) a registered medical practitioner’s improper act or conduct which brings disrepute to his profession; or (b) that the professional services provided by a registered medical practitioner are not of the quality that is reasonable to expect of him. (4) The information mentioned in subsection (1) is information relating to —(a) the conviction (whether in Singapore or elsewhere) of a registered medical practitioner of an offence implying a defect in character that makes him unfit to practise medicine; (b) the death of any patient resulting from the conduct of a registered medical practitioner in his professional capacity; (c) an adverse finding against a registered medical practitioner by a Coroner at an inquiry under the Coroners Act 2010* into the death of a patient of the registered medical practitioner; or (d) the physical or mental fitness of a registered medical practitioner to practise medicine.[*Updated to be consistent with the 2020 Revised Edition] (5) Subject to sections 41 and 42, the Medical Council must within 2 weeks after receipt of a complaint or any information under subsection (1) that is made in accordance with subsection (2), other than a complaint or information touching on the matters mentioned in section 32, refer the complaint or information (as the case may be) to the chairman of the Complaints Panel for the appointment of an Inquiry Committee. (6) Subject to sections 41 and 42, the Medical Council may, on its own motion —(a) if the Medical Council believes that there is evidence of any matter mentioned in subsection (3) or (4) — make a complaint or refer any information about the registered medical practitioner to the chairman of the Complaints Panel for the appointment of a Complaints Committee; or (b) if the Medical Council believes that there is evidence of any matter mentioned in subsection (3)(b) or (4)(d) — instead of proceeding under paragraph (a), notify the registered medical practitioner of the evidence and, with the written agreement of the registered medical practitioner, proceed under section 38(2)(a) to (e). (7) Despite subsections (5) and (6), the Medical Council may immediately refer a complaint or any information directly to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal where it relates to any of the following:(a) any matter mentioned in subsection (4)(a), (b) or (c); (b) any other matter that, in the opinion of the Medical Council, involves a serious threat to the health and safety of any patient. (8) Where any complaint or information about a registered medical practitioner is referred to the chairman of the Complaints Panel under subsection (5) or (6) or to the President of the Disciplinary Commission under subsection (7), the Medical Council must —(a) inform the registered medical practitioner that it has done so; and (b) provide the registered medical practitioner with a copy of —(i) the complaint or information; and (ii) any statutory declaration that has been made in support of the complaint or information, unless the Medical Council is of the view that, based on the facts and evidence before it, there are compelling reasons not to do so. (9) Where any information mentioned in subsection (4)(d) is referred by the Medical Council to the chairman of the Complaints Panel, the chairman of the Complaints Panel must within 2 weeks after the referral —(a) if the chairman is satisfied, based on any evidence given in support of the information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered medical practitioner to practise medicine — refer the information to a Health Committee; or (b) in any other case — (i) proceed in accordance with Division 3 where the referral is made under subsection (5); or (ii) proceed in accordance with Division 4 where the referral is made under subsection (6)(a) or section 42(3)(b).[Act 34 of 2020 wef 01/07/2022]