Following the outcry by private practice doctors over the implementation of the Private Healthcare Facilities and Services Act 1998, a former Malaysian Medical Association (MMA) president has stepped forward to say that he was barred from discussing the Act with member doctors.

Dr A Krishnamoorthy, MMA's president for the 1993-94 term, said he quit after one year's worth of discussions between the MMA and the Ministry of Health and their legal advisors over the controversial Act.

"I had objected to most of the proposed legislation made by the ministry from the very start but they warned me against discussing the Act with my fellow doctors.

"They cited the Official Secrets Act when I said I wanted to go back to my doctors to discuss these clauses. If I cannot go back to my doctors, there's no point for me staying on the committee and so I resigned," Krishnamoorthy told malaysiakini today.

The Private Healthcare Facilities and Services Act 1998 came back into the spotlight this week with Health Minister Dr Chua Soi Lek yesterday taking to task doctors who objected to regulations under the Act which came into force in May.

"What's the huge fuss about? The Act was mooted in 1993, passed in Parliament in 1998, and fully implemented in May this year," he said as quoted by The Star today.

"The Act has made registration of doctors compulsory. This seems to have provoked the ire of doctors, who find the registration process too cumbersome," he added.

Four areas

Under the Act, it will be compulsory for private medical practitioners to upgrade their clinics, have equipment for emergencies, pay a RM1,500 registration fee besides providing details on their clinic layout, staff, billing procedures and infection and vector control.

The MMA, which represents private practice doctors in the country, is currently negotiating with the ministry over several regulations under the Act which it says are contentious.

Its president Dr Teoh Siang Chin the MMA had already submitted a 37-page memorandum to Chua a month ago.

The memorandum outlined four areas under the Act which the association said it didn't agree with. They are:

  • That the Act seems to bring about a 'criminalisation' of medical and dental practice in the country.

  • That the processes and procedures for registration are cumbersome and time consuming, which may result in delays and unnecessary complications

  • That there are many requirements for documentation and written policies, which may not be applicable to all practices.

  • That the numerous requirements will add to the cost of running a clinic and this may lead to increased cost for the patients.

    • Scrap Act now

    Media reports said that Chua, who is to meet MMA leaders and doctors on Aug 24, agreed that some sections in the Act needed amendments as they were no longer relevant to current times.

    Elaborating on his meetings with the ministry over the Act, Krishnamoorthy said he was left with no choice but to resign as president when the OSA was cited to prevent him from discussing the Act with MMA members.

    He said the Act should be scrapped with the ministry instead monitoring doctors who don't comply with the regulations based on patient complaints.

    "Let the ministry punish these doctors and not the whole profession. It takes almost 10 years to be doctor and four of it includes compulsory government service. How can the government treat us like this?" he said.

    Parliamentary Opposition Leader Lim Kit Siang has also called on Chua to reconsider his initial rejection of amendments to the Act

    "Public interest in affordable quality healthcare even in the private sector is not served if the Act imposes bureaucratic controls and creates loopholes for graft and abuses of power" he said in a statement.

    Proceed first call

    At the other end of the spectrum, the Consumers Association of Penang (CAP) called on the ministry to not defer implementation of regulations under the Act.

    "We urge the ministry not to defer the enforcement of the Act and its regulations which accord protection to patients. There has already been too much delay," said its president SM Mohd Idris in his statement.

    He said CAP often handled complaints from the public to the ministry regarding poor services provided by private hospitals and clinics but were told that the ministry's hands were tied.

    He said from a consumer's perspective, the Act would create a grievance mechanism, instill proper procedures for complaints, provide itemised billing and medication labeling besides stipulating due care for a patient's medical records.