26 Jamadilawal 1438 Saturday 25 February 2017

Frequently Asked Questions

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The Malaysian Medical Council (MMC) is a body corporate established under the provisions of section 3(1) of the Medical Act 1971 whilst the legal powers are derived from section 4 of the same Act.

The Council is a supreme body and makes all policy decisions. Though Para 2(1)of the First Schedule under the Medical Act 1971 requires the Council to meet at least twice in a year, however, meetings are held on the second Tuesday of every month. The Council meetings are presided over by the President and in his absence by a chairman elected by members present.

The Council acts through various Committees and Secretariat

The Council protects, promotes and maintains the health and safety of the public in the practice of medicine through:

  1. Registering only qualified and eligible doctors;
  2. Prescribing and promulgating good medical practice;
  3. Promoting and maintaining high standards of medical education; and
  4. Dealing firmly and fairly with doctors whose fitness to practise is in doubt.
 

Patients trust practitioners with their lives and wellbeing. They need to have confidence that practitioners are competent in their field and abide by high ethical standards. As custodian to the medical profession in Malaysia, the Council’s duty is to protect this public interest.

Hence, pursuant to the Medical Act 1971, any person who wishes to practice medicine in Malaysia needs to be registered with the Council. The Council maintains a Medical Register for this purpose. The Council may erase registered practitioners from the Medical Register if it appears, by reason of their misconduct that they may be unfit to remain on the register. No person who is unregistered is legally qualified or duly qualified to practice. In other words, no person can practice medicine, unless such a person is registered with the Council and holds valid registration certificates in respect of the calling.

 

Please feel free to get in touch with the Secretariat by telephone or in writing at any time. You can refer to our website at Contact Us for further details. The Council’s personnel will be pleased to assist you.

 

The length of the process will depend a lot on documentation. If the application is complete, allow us to ONE month, from receipt of a complete application, to issue a certificate to you. If your documents are not proper, we will inform you in writing NOT more than THREE times.

Therefore, where possible: a.

  1. your applications should be in the Council office well in advance of making employment arrangements;
  2. Contact Us from time to time, preferably by email; and
  3. please respond to our queries immediately.

Any delay may not only prolong your application but more importantly affect the legality of your practice.

 

There is no a simple yes or no answer at the outset, as each application is assessed individually, and there are a number of steps in the process. Generally, if your application meets all our criteria, there should not be any problem. However, you are strongly advised to Contact Us from time to time, preferably by email and not to indulge in any practice until we have informed you of the outcome in writing.

 

You can apply for temporary registration within a special scope of practice. Further information on this scope is available on our website for Temporary Registration

 

As the law requires every doctor to serve the public services for three years upon being fully registered, you need to be employed. Exemption from compulsory service, however, can be considered. Please refer our website for Compulsory services.

 
You need to apply for Provisional Registration. For the duration, please refer Question number 1 above. 

You may be eligible if you fall under any of the following category:

  1. Malaysian citizen who possesses a basic medical degree listed under the Second Schedule of the Medical Act 1971 and has completed houseman/internship training overseas;
  2. Foreigner who possesses a basic medical degree listed under the Second Schedule of the Medical Act 1971 with a clinical experience of not less than three years and employed in the public sector.
  3. Foreigner who possesses a basic medical degree not listed under the Second Schedule of the Medical Act 1971 but a postgraduate degree recognized by MOH and with postgraduate clinical experience not less than five years. He/she needs to show proof of employment in public/private sector. (Private sector refers only to private hospitals with 50 beds or more).
 
Yes, please refer to our Medical Register. 

Once we have notified you in writing, you can start your clinical practice immediately. However, you need to submit the letter within ONE month for your certificate to be processed.

 

Pursuant to section 29 of the Medical Act 1971 , the Council only has jurisdiction over registered doctors.

 

Being statutory body, the Council self-regulates the medical profession in Malaysia. To that effect, the Council makes rulings and regulations from time to time on various aspects of professional conduct in the light of the needs of society and changing professional norms.
The ‘Code of Professional Conduct’ is a guideline that spells out how practitioners should relate to their patients, their colleagues and the public.

Apart from the ‘Code of Professional Conduct’, the Council has also adopted two other booklets namely ‘Good Medical Practice’ and ‘Confidentiality’ in January 2001 to supplement and complement the Code.
To give further advice and guidance to practitioners and public alike, the Council has produced and adopted ethical guidelines on 9 specific areas namely:
a. Assisted Reproduction ;
b. Brain Death ;
c. Clinical Trials and Biomedical Research ;
d. Dissemination of Information in the Medical Profession ;
e. Medical Records ;
f. Ethical Implications of Doctors in Conflict Situations ;
g. Medical Genetics and Genetic Services ;
h. Organ Transplantation ; and
i. Relationship between Doctors and Pharmaceutical Industry .

You can discuss your concerns with us at any time. However, before calling us, you may wish to discuss your concerns through local procedures, as it may be possible to resolve the issue locally. If you are dissatisfied or worried concerned by action taken by such authorities, or for any reason you do not feel comfortable about it to use them, please you may telephone, write or e-mail us for advice. Please refer to Complaint section in our website.
If you decide to make a formal complaint, please refer to Complaint  section in our website. Your letter of complaint can be in Bahasa Malaysia or English. Alternatively, if you prefer, you can use the Complaint Form .
No, the Council has its own solicitors to help with the legal side of things. You need not pay for any legal costs unless you appoint a legal counsel to assist you.
You need not appoint a legal advisor to make a complaint. However, you are free to appoint a legal advisor at your own expense.
No, there is no time limit when you can make a complaint. You can make a complaint even for an event which occurred a long time ago. However, to be fair to you and the respondent doctor, it is best to let us know as soon as possible.
Yes, you can complain to us irrespective whether or not you have complained to another organization (including constituting a civil action). We may have to defer further action until the other organization has completed its due course, if it is deemed necessary.
We take all complaints about doctors very seriously. As investigation of any complaints may end up in a legal action, there are specified legal procedures, which we have to abide strictly. Please refer Complaints section  for further details on the processess.

If the President decides to sanction your complaint about a doctor’s conduct to the Preliminary Committee (PIC), the PIC will meet and review all the documentary evidence.
After considering the evidence, the Committee can do one of the following:

•Decide the case should be summarily dismissed (Regulation 28 );
•Ask you to submit a statutory declaration; or
•Inquire into the complaint.

If we decide not to investigate into your complaint, it will be because the ‘doctor’ is not registered with us or your complaint falls under the dismissal criteria as prescribed under Regulation 28 where the Preliminary Investigation Committee may summarily dismiss any complaint or information it received, if it is satisfied that:

a. That the name and address of the complainant is unknown or untraceable;
b. That even if the facts were true, the facts do not constitute a disciplinary matter; or,
c. For reasons which must be recorded, that there is reason to doubt the truth of the complaint or information.
Pursuant to section 29 of the Medical Act 1971 , the Council only has jurisdiction over registered doctors.
If your complaint is not investigated, you will be notified in writing. The doctor will not be informed of the complaint.

If the PIC recommends an inquiry, we will write to inform you and the respondent doctor once the date has been fixed for hearing. We will give both parties plenty of notice. You need to present the compliant and be cross-examined by the respondent doctor and/or the lawyer defending the doctor.
Both the complainant and the respondent doctor can appoint a legal counsel to assist them in the investigation at their own expense.
The complainant is required to bring all the original evidences and witness/es for the hearing.
The respondent may call upon any witness/es to defend the complaint against him.

If the PIC decides the Council inquire further into your complaint, the Council will notify you and the respondent doctor in writing once the hearing date is fixed.
Both the complainant and the respondent doctor can appoint a legal counsel to assist them in the investigation at their own expense.
The complainant is also required to bring all the original evidences for the hearing. He need not bring any witness/es. The respondent doctor, however, is advised to call upon any witness/es, he deems fit to defend his case.

We appreciate that making a complaint can be stressful, so we will try to consider your complaint as quickly as we can. The length of the investigation depends on the complexity and seriousness of each concern.
If we decide to investigate into your complaint, we will take every effort to keep delays to a minimum and complete the investigation as quickly and efficiently as we can and will keep you informed of progress. We have to be fair to both parties.

The Council has a range of options available. For example, sometimes we may give the doctor a public warning or reprimand. In more serious cases we can suspend the doctor’s registration, preventing him from practicing medicine for a period of time that the Council thinks fit. A doctor will be struck off the Medical Register in the most serious cases.

Whatever action we take, our first concern is to protect patients. We will keep you informed of any action we are taking and provide you with a clear explanation for our decisions.
As investigation of any complaints may end up in a legal action, there are specified legal procedures, which we have to abide strictly.
If you are not happy with the way we have handled your complaint, please discuss the problem with the person who handled your complaint. You may contact the Secretary, or even the President, if you are still unhappy.

As a complainant or a respondent doctor, you may present/defend your case personally or instruct your own legal counsel. If you decide to appoint a legal counsel, you will pay your own legal expenses.
Yes, the doctors can only appeal to the High Court. If there is an appeal, you will not be asked to appear at the hearing. The High Court may affirm, reverse or vary the orders made by us. The decision of the High Court is final.
If you want to know more, or if you have a complaint against a doctor, please contact us.

Pursuant to the Medical Act 1971, only individuals possessing recognized basic medical degrees listed in the Second Schedule are accepted to register and practise medicine in Malaysia whilst graduates from unrecognized colleges have to sit and pass the Medical Qualifying Examination in three local universities or examining bodies before their registrations are accepted.

Section 12(1)(aa) of the Act empowers the Council to administer examination for medical undergraduates trained from institutions not listed in the Second Schedule of the Act to practise medicine in Malaysia. The conduct of the examination is prescribed in Medical (Setting of Examination for Provisional Registration) Regulations 1993. Successful candidates are eligible for provisional registration with the Council.

 

You need to complete an application form and submit to us once the examination dates have been decided by the examining bodies.
No, the Medical Act 1971 does not allow you to practise medicine (even as a candidate) in Malaysia unless you are registered with the Council.
The Council only registers you to sit for the examination and after endorsing the results forwarded by the examining bodies, issues a certificate for you to apply for registration. Currently, the Council does not conduct any examination.
Your standing will be posted shortly after it is confirmed (approximately 6 to 8 weeks after the examination is over)
Candidates will be notified by letter only, without exception. In order to prevent errors or fraud, NO results will be given over the phone or by fax transmission.
Absolutely not. In order to prevent errors or fraud, no results will be given over the phone or by fax transmission.

Pursuant to the Medical (Setting of Examination for Provisional Registration)
Regulations 1993, the examining bodies have the right to determine how the examination is conducted and the marking scheme.

The list of reference books that you may find helpful when preparing for the examination will be informed by the examining bodies once you are registered with them.
The examining bodies conducted two final year professional examinations per year. Once the date has been fixed, they will notify us in writing and we publish in local major newspaper. Aspiring candidates can surf our website from time to time.
The Council has no power to grant you any resitting. Pursuant to the Medical (Setting of Examination for Provisional Registration) Regulations 1993, only the examining bodies have the rights to allow you a resitting. You need to get their approval in writing before you are eligible to register to sit for the examination with the Council.

The fee you paid to the Council is for registration to sit for the examination whilst the fee paid to the examining body covers all expenses encompassing use of library, tutorials, payment to patients and staff conducting the examination.
Please bear in mind that the registration fee with the Council and the other fees determined by the

You need to apply for employment with Public Service Commission of Malaysia apart from applying for provisional registration with the Council. Please surf our website for more details with regards to Registration.

 

CPD is Continuing Professional Development. It implies that medical professional practice involves a continuing process of learning, upgrading knowledge and skills and personal professional development throughout a practitioner’s working and professional life.

 
The MMC-CME Grading System solely addressed the issue of accruing credit points through various categories of CME activities. The CME Grading System has now been modified to include the previous categories as Core Activities and Non-Core Activities, in the new CPD Grading System.
Core Activities (Category A1-A11) are essentially all events participated by the medical practitioner, from attendance  to presentation of papers at congresses, scientific meetings, workshops, forums,  courses and lectures. It also includes publications in journals (indexed, non-indexed), chapters in book, etc. Attendance at ward rounds, self-study, distance learning and on-line self-appraisal, obtaining postgraduate degrees and diplomas and involvement in academic committees.
Non-Core Activities (Category B1 and B2) include membership in Editorial Boards, and other supporting activities related to personal development, self-improvement, leadership, managem ent, IT and even involvement in Arts, music, languages, teamwork, etc. These add value to the extra-curricular attributes of the practitioner and help to elevate the level of quality of care to the patients. Obviously this category will need documented evidence and verification.
The new CPD Grading System has been formulated by the National CPD Committee of the Ministry of Health in consultation with the Malaysian Medical Association, the Academy of Medicine Malaysia, and the Academy of Family Physicians, and other related government and private professional groups.

The National CPD Committee, which is physically located in the Ministry of Health complex in Putrajaya, is chaired by the Director General of Health. Deputy Directors of Kesihatan (Perubatan), Kesihatan (Kesihatan Awam), Kesihatan (Penyelidikan & Sokongan Teknikal), and Pengarah Institiut Penyelidikan Sistem Kesihatan, Pengarah Bahagian Telekesihatan, Pengarah Kesihatan Pergigian, Pengarah Perkhidmatan Farmasi, Bahagian Pembangunan Kompetensi, Bahagian Kejururawatan, all from the Ministry of Health, are members.

The professional bodies represented are the Malaysian Medical Association, Academy of Medicine Malaysia, Malaysian Dental Association, and Academy of Family Physicians of Malaysia. The universities are also represented.

The Malaysian Medical Council is represented by the Chairman of the MMC CPD Committee.

CPD is aimed and designed to ensure that, besides a doctor’s voluntary efforts to qualitatively and subjectively improve him self/herself in these areas, there is in addition a need to objectively evaluate the impact of such measures taken by the medical practitioner. The ultimate aim is to ensure that a practitioner’s professional knowledge, skills and career development will help him to sustain and continue to provide the best and up-to-date professional care to his patients at all times.
All registered medical practitioners, whether in government, private, university or armed forces services, or any other healthcare facility or service, are required to participate in the CPD Programme.
PTK stands for Penilaian Tahap Kecekapan (Standards for Performance Evaluation) of the Ministry of Health and is applicable specifically to medical practitioners employed or working in government healthcare facilities and services. The CPD Grading System will apply to all such practitioners and will be used by Ministry of Health for evaluation of their staff for career and promotion prospects particularly in the Non-Core Part of the CPD Grading System.
The CPD Grading System, as amended from the original MMC-CME Grading System is a national system, form ulated by the Ministry of Health and the professional bodies. The Non-Core Activities allow acquisition of credit points by medical practitioners in private practice on aspects of non-academic activities. Taken in the broader context, the qualities, attributes and achievements in the Non-Core segment will add value to the manner in which the practitioners renders professional care to their patients and the community at large.
CPD is evaluated through acquisition of credit points through various categories of activities in a CPD Grading System, which has been modified from the original MMC-CME Credit point system to include Core and in Non-core Activities. Registered m edical practitioners will have to acquire minimum credit points necessary for the award of the MMC-CPD Certificate.
The Malaysian Medical Association (for General/Family Practitioners) and Academy of Medicine  (for Specialists) will administer the CPDGrading System for their respective groups. They will also decide on accrediting Providers and the award of credit points, and whether a particular CPD activity is core or non-core, based on the Grading System.

The participation of all registered medical practitioners in the current MMC-CME Grading System is at present voluntary but strongly encouraged. The revised CPD Grading System is, as stated, based on the MMC-CME Grading System. Core Activities are already available nation-wide as well as through self-study programmes, so medical practitioners will have no difficulty accessing programmes to score credit points in the various categories in the CPD Grading System.

The Biannual CPD Certificate will continue to be issued by the President of the Malaysian Medical Council, as at present existing for the CME Grading System.

It is true that in spite of the MMC-CME Grading System having been in operation for more than 10 years, as administered by the MMA, the participation by registered medical practitioners has been poor. It therefore becomes necessary, to achieve the objectives of the Ministry of Health Malaysia and the Malaysian Medical Council, to m ake CPD compulsory. Within the next few years, and after successful completion of the pilot projects, the acquisition of minimum credit points in the CPD Grading System will be made compulsory for the issuance of the Annual Practising Certificate.
Yes. There are already electronic systems set up at great cost in the Ministry of Health in Putrajaya to make CPD Program mes on-line. Medical practitioners will be able to access information on CPD through on-line electronic links by logging onto mycpd. By this system, practitioners will be able to send in their CPD Grading System credit points directly to the Secretariat in Ministry of Health and also view their progress.
MMC will directly monitor the CPD Grading System  for all practitioners registered under the Medical Act 1971, whether in public, private or other practices. The issuance of the MMC-CPD Certificate by the President of the Council to medical practitioners accruing credit points biannually will be administered by the MMC.
Yes. The Malaysian Medical Council is in the process of establishing a CPD Secretariat in its complex at Jalan Cenderasari, Kuala Lumpur. The credit point collection and other administrative functions will be operated from this MMC CPD Secretariat, with the assistance of the Malaysian Medical Association and the Academy of Medicine Malaysia. The MMC CPD Secretariat will be linked directly with the CPD Electronic System in MOH Putrajaya.
Yes. Computer literacy is an invaluable asset in modern day medical practice and the benefits are im mense. It is hoped that eventually each and every practicing doctor will have computers in his/her practice, or have easy accessibility to com puters in his/her place of practice/facility and even if he/she is not fully competent, the doctor will have staff who can assist in this respect. However, until such time practitioners are able to access the CPD Secretariat personally, the present method of submitting paper documents and submission by accredited Providers will continue.
All fully registered practitioners, whether Malaysian or foreign doctors on contract, will have to comply with the CPD requirements to be able to renew their Annual Practising Certificates when it is made compulsory. Foreign doctors with Temporary Practising Certificate on short approved visits to healthcare facilities in the country or undergoing postgraduate courses or in-service training fellowships are exempt from compulsory CPD.

The reason is two-fold. Firstly, it is to reduce the load off MMA. Secondly, the Academy of Medicine is at present administering the National Specialist Register on behalf of the MMC, in which both the CPD Core Activities, as well as competency in their respective Specialty (Non-Core Activties) may eventually be included.

The CPD points accrued by the practitioners in the private sector will be for the MMC Annual/Biennial CME Certificate. The CPD points accrued by the practitioners in the public sector will be for the MMC CPD Certificate plus the CPD-PTK Evaluation of the MOH.

The NSR is a Register of Specialists, and it is Part C of the Medical Act (amended). It contains the names of all specialists practising a specialty in Malaysia. The specialist so registered will have to have a recognized specialty degree and will have to fulfill criteria laid down by the National Specialty Register Technical Committee.

 
Criteria have been laid down, and continuously updated, to define requirements for recognition of all specialties and sub-specialties for the entry of names into the NSR. This includes not only degrees and diplomas but also evaluation of not only interventional skills but also non-core activities, like communication, IT, governance, etc.
This is a committee composed of mem bers from the Ministry of Health, Academy of Medicine and professional bodies whose duty is to lay down the criteria and evaluate specialists to ensure that they qualify to have their names entered into the NSR.
Even though the evaluation is conducted once in 5 years, it is required for the specialist to show evidence that he has continually upgraded his specialty training through self-conducted practice and skills development as well as through peer reviewed evaluation.
Essentially, the two are quite separate. As stated above, NSR renewal is ever five years. On the other hand, CPD Grading is a continuous process, and the credit points may be utilized in evaluating a specialist’s professional performance towards renewal in NSR.
For further clarification on any matters raised in this communication, please contact the MOH CPD Secretariat (email/phone) or the MMC Secretariat (email/phone).