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PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD
2006
Act 50
MEDICAL ACT 1971
Incorporating all amendments up to 1 January 2006 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 1 Friday, March 31, 2006 10:49 AM PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
2
MEDICAL ACT 1971
Date of Royal Assent... ... ... ... ... 27 September 1971 Date of publication in the Gazette ... ... 30 September 1971 PREVIOUS REPRINTS
First Reprint ... ... ... ... ... 1982
Second Reprint ... ... ... ... 1993
Third Reprint ... ... ... ... ... 1999
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 2 Friday, March 31, 2006 10:49 AM 3
LAWS OF MALAYSIA
Act 50
ARRANGEMENT OF SECTIONS
MEDICAL ACT 1971
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation PART II
THE MALAYSIAN MEDICAL COUNCIL
3. Establishment and composition of the Council
4. Duties and powers of the Council
5. Public Authorities Protection
6. Public servants
7. First Schedule
8. Power of the Minister to issue directions
9. Returns PART III
REGISTRATION OF MEDICAL PRACTITIONERS
10. Registrar
11. Malaysian Medical Register
12. Persons entitled to provisional registration
13. Experience which a provisionally registered person shall be required to obtain
14. Persons entitled to full registration 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 3 Friday, March 31, 2006 10:49 AM 4 Laws of Malaysia ACT 50
Section
15. Exemption of certain medical officers in ships
16. Temporary practising certificate
17. Evidence of qualification to be given before entry on the Register
18. Application for registration
19. Restriction on registration
20. Annual practising certificate
21. Publication of list of fully registered medical practitioners issued with annual practising certificates
22. Notification of change in permanent address of residence or practice
23. Power of Council to make certain endorsement against names in the Register
24. Cessation of registration
25. Alterations in the Register
26. Privileges of fully registered persons and disabilities of unregistered persons
27. Medical certificate
28. Definition PART IV
DISCIPLINARY PROCEEDINGS
29. Disciplinary jurisdiction of the Council
30. Disciplinary punishments
31. Appeal against orders of the Council 31A. Restoration of name to Register
PART V
GENERAL
32. Fraudulent registration
33. Offences
34. Malay, Chinese, Indian or other native methods of therapeutics 34A. Examination and treatment of patients by students of medicine 34B. Liability of the Government for torts committed by non-Government practitioners while attending to patients at the request of or by arrangement with the Government
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Section
34C. Medical practitioner authorized by Director General to be deemed a Government Medical Officer
35. General penalty PART VI
REGULATIONS, SAVING AND REPEAL
36. Regulations
37. Saving
38. Repeal PART VII
SUPPLEMENTARY PROVISIONS FOR
NATIONAL PURPOSES
39. Purpose, commencement and duration of this Part
40. Notice to fully registered person to serve in a medical capacity in the public services
41. Period of service in pursuance of a notice under subsection 40(1)
42. Power of Minister to grant reduction, exemption or postponement from period of service under section 41
43. Minister may make rules
44. Saving FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 5 Friday, March 31, 2006 10:49 AM 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 6 Friday, March 31, 2006 10:49 AM 7
LAWS OF MALAYSIA
Act 50
MEDICAL ACT 1971
An Act to consolidate and amend the law relating to the registration and practice of medical practitioners and for national purposes to provide for certain provisions with regard to a period of service in the public services after full registration as a medical practitioner; and to make provision for purposes connected with the aforesaid matter.
[Throughout Malaysia--1 October 1971]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
Short title
1. This Act may be cited as the Medical Act 1971. Interpretation
2. In this Act, unless the context otherwise requires-- "Council" means the Malaysian Medical Council established under section 3;
"Director General" means the Director General of Health, Malaysia;
"fully registered" means fully registered under section 14; "member" means a member of the Malaysian Medical Council established under section 3;
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 7 Friday, March 31, 2006 10:49 AM 8 Laws of Malaysia ACT 50
"practising certificate" means the annual practising certificate referred to in section 20;
"practitioner" means a medical practitioner;
"prescribed" means prescribed by regulations made under this Act;
"President" means the President of the Malaysian Medical Council appointed by subparagraph 1(1) of the First Schedule; "provisionally registered" means provisionally registered under section 12;
"public services" has the meaning assigned to it in Article 132 of the Constitution and, in addition, it also means the service of any local authority or the service of any statutory authority exercising powers vested in it by federal or State law, and the expression "public service" shall be construed accordingly; "qualification" means any diploma, degree, fellowship, membership, licence, authority to practise, letters, testimonial, certificate, or other status or document granted by any university, corporation, college, or other body, or by any department of, or persons acting under the authority of, the government of any country or place in or outside Malaysia;
"Register" means the Malaysian Medical Register required to be maintained under section 11;
"registered" means provisionally registered under section 12 or fully registered under section 14, as the case may be; "Registrar" means the Registrar of Medical Practitioners referred to in section 10;
"Secretary" means the Secretary of the Council appointed under paragraph 4 of the First Schedule.
PART II
THE MALAYSIAN MEDICAL COUNCIL
Establishment and composition of the Council
3. (1) There is established a body corporate with perpetual succession and a common seal to be called the Malaysian Medical Council which shall consist of--
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(a) the Director General;
(b) three fully registered practitioners from among the members of the Faculty of Medicine or the staff of the Medical Centre of the University of Malaya to be
nominated by the Council of the University of Malaya and appointed by the Minister;
(c) three fully registered practitioners from each of the Faculties of Medicine of the other Universities
established under the Universities and University Colleges Act 1971 [Act 30], to be nominated from
among the members of the Faculty by the Council of the respective University and appointed by the
Minister;
(d) nine fully registered practitioners resident in Peninsular Malaysia to be elected by the fully
registered practitioners resident in Peninsular
Malaysia;
(e) one fully registered practitioner resident in Sabah to be elected by the fully registered practitioners resident in Sabah;
(f) one fully registered practitioner resident in Sarawak to be elected by the fully registered practitioners resident in Sarawak; and
(g) three fully registered practitioners from the public services to be appointed by the Minister.
(2) No person shall be nominated and appointed to be a member under paragraphs (1)(b) and (c) or elected or appointed as a member under any of the paragraphs (1)(d) to (g) unless such person is a citizen and holds a current practising certificate. (3) No person shall be eligible to elect a member unless such person holds a current practising certificate.
(4) No person may at the same time serve as a member in more than one capacity.
(5) A person may be nominated and appointed to be a member under paragraphs (1)(b) and (c) or elected or appointed under any of the paragraphs (d) to (g) thereof notwithstanding that he has 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 9 Friday, March 31, 2006 10:49 AM 10 Laws of Malaysia ACT 50
previously been a member under any of the paragraphs of subsection (1).
(6) The members referred to in paragraphs (1)(b) and (c) shall be nominated and appointed thereunder for a period not exceeding three years.
(7) The members elected under paragraphs (1)(d), (e), (f) and (g) shall hold office for a period not exceeding three years: Provided that of the nine members first elected under paragraph (1)(d), three shall cease to hold office at the end of the first year of their election and three at the end of the second year of their election; the selection of the members who are so to cease to hold office shall be made by agreement amongst the members elected under the said paragraph (1)(d) or, if no such agreement can be obtained or if the President, in his absolute discretion, so decides, by the drawing of lots at a meeting of the Council. (8) Any person who is a member by virtue of any of the paragraphs (1)(b) to (g) may at any time resign his office by letter addressed to the President.
(9) Where any person who is a member by virtue of any of the paragraphs (1)(b) to (g) dies before completion of his term of office, or resigns, or otherwise ceases to be a member by reason of any provision of this Act, a person shall be nominated and appointed or elected or appointed, as the case may be, in his place in accordance with the provisions applying in the case of the person dying or resigning or ceasing to be a member for the residue of the term for which such person might have held office if he had not died or resigned or ceased to be a member:
Provided that on the death or resignation of a member elected under any of the paragraphs (1)(d) to (f) within twelve months before the date on which his term of office would have come to an end by effluxion of time, the vacancy shall not be filled for the residue of that term.
(10) The election of the members referred to in paragraphs (1)(d) to (f) shall be conducted in such manner as may be prescribed.
(11) If any of the bodies referred to in paragraphs (1)(b) to (f) does not, by such date as may be prescribed, nominate or elect, as the case may be, a person to be a member of the Council, the 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 10 Friday, March 31, 2006 10:49 AM Medical 11
Minister shall appoint in his place as a member a person qualified to be so nominated or elected, as the case may be, and any person so appointed shall be deemed to be a member as if he had been duly nominated or elected, as the case may be, by such body. (12) Immediately upon the coming into force of this Act and until such time as the members referred to in paragraphs (1)(b) to (f) are nominated and appointed or elected, as the case may be, the Minister shall appoint in their place respectively such persons as are qualified to be respectively so nominated and appointed or elected, as the case may be, and the persons so appointed shall be deemed to be members as if they had been duly nominated and appointed or elected, as the case may be, under the said paragraphs (1)(e) to (g).
(13) A practitioner shall not be qualified to be nominated and appointed or elected or appointed to be a member, as the case may be, under the provisions of any of the paragraphs (1)(b) to (g)-- (a) if he has been found guilty by a court of any offence involving fraud, dishonesty or moral turpitude, or of any offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(b) if he is an undischarged bankrupt; or
(c) if his name has at any time been struck off from the Register.
(13A) A practitioner whose name has been suspended from the Register, or who has been reprimanded under section 30 shall not be eligible to be nominated and appointed or elected or appointed, under any of the paragraphs (1)(b) to (g)--
(a) in the case of a suspension, for a period of six years after the expiration of such suspension; or
(b) in the case of a reprimand, for a period of six years from the date of such reprimand.
(14) If a member who has been nominated and appointed or elected or appointed, as the case may be, under the provision of any of the paragraphs (1)(b) to (g) ceases, by reason of any provision of this Act, to be qualified to be so nominated and appointed or elected, he shall be deemed to have vacated his seat. 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 11 Friday, March 31, 2006 10:49 AM 12 Laws of Malaysia ACT 50
(15) (a) Where the Council in the exercise of its disciplinary jurisdiction under the Act--
(i) appoints a committee to conduct a preliminary investigation; or
(ii) holds a disciplinary inquiry,
in respect of any practitioner who is a member of the Council, such practitioner shall be suspended. Such suspension shall in the case of a preliminary investigation take effect from the date of commencement of the investigation, or in the case of a disciplinary inquiry, with effect from the date of institution of the inquiry.
(b) Where at the conclusion of a preliminary investigation the Council determines that a disciplinary inquiry should be held the period of suspension of a member shall continue until the conclusion of the disciplinary inquiry.
(16) Any member of the Council who has been suspended under paragraph (15)(a) or (b) shall forthwith be reinstated as such member if at the conclusion of the preliminary investigation or the disciplinary inquiry, the Council finds that no case has been made out in respect of the member.
(17) Any member of the Council who is to be reinstated pursuant to subsection (16) shall, if the reinstatement is to take effect before the expiration of his term of office, be reinstated to hold office for the unexpired portion of his term of office. Duties and powers of the Council
4. The Council shall perform such duties and functions and exercise such powers as may be provided under this Act or any regulations made thereunder.
Public Authorities Protection
5. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Council or against any member, officer, servant or agent of the Council in respect of any act, neglect or default done or committed by him in such capacity.
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Public servants
6. All members of the Council, while discharging their duties as such members, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
First Schedule
7. (1) The First Schedule shall apply to the Council and the proceedings thereof.
(2) The Minister may from time to time, after consulting the Council, amend the First Schedule by order published in the Gazette.
Power of the Minister to issue directions
8. The Minister may, from time to time, issue general directions not inconsistent with the provisions of this Act or any regulations made thereunder and the Council shall give effect to such directions.
Returns
9. The Council shall furnish the Minister with all such returns and information with respect to its activities as he may from time to time require.
PART III
REGISTRATION OF MEDICAL PRACTITIONERS
Registrar
10. (1) For the purposes of this Act there shall be a Registrar of Medical Practitioners.
(2) The Director General shall be the Registrar.
Malaysian Medical Register
11. (1) The Registrar shall cause to be kept in the prescribed form a register of medical practitioners to be known as the 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 13 Friday, March 31, 2006 10:49 AM 14 Laws of Malaysia ACT 50
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
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).
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(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
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.
(1A) 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 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 15 Friday, March 31, 2006 10:49 AM 16 Laws of Malaysia ACT 50
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 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 16 Friday, March 31, 2006 10:49 AM Medical 17
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
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
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
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.
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(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
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
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. 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 18 Friday, March 31, 2006 10:49 AM Medical 19
Restriction on registration
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
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. 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 19 Friday, March 31, 2006 10:49 AM 20 Laws of Malaysia ACT 50
(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,
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 20 Friday, March 31, 2006 10:49 AM Medical 21
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
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
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
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.
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Cessation of registration
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
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
26. (1) Every person whose name is for the time being borne on the Register as fully registered under this Act shall be entitled, 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 22 Friday, March 31, 2006 10:49 AM Medical 23
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
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
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.
PART IV
DISCIPLINARY ROCEEDINGS
Disciplinary jurisdiction of the Council
29. (1) The Council shall have disciplinary jurisdiction over all persons registered under this Act.
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(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
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
31. (1) Any person who is aggrieved by any order made in respect of him by the Council in the exercise of its disciplinary 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 24 Friday, March 31, 2006 10:49 AM Medical 25
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
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. PART V
GENERAL
Fraudulent registration
32. Every person who fraudulently procures or attempts to procure himself or any other person to be registered by making or producing, or causing to be made or produced, any false or 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 25 Friday, March 31, 2006 10:49 AM 26 Laws of Malaysia ACT 50
fraudulent representation or declaration, either oral or in writing, shall be guilty of an offence against this Act.
Offences
33. (1) Any person not registered or exempted from registration under this Act who--
(a) wilfully and falsely pretends to be registered under this Act or to be qualified to practise medicine or surgery;
(b) wilfully and falsely takes or uses the name or title of physician, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, surgeon, general practitioner or apothecary;
(c) wilfully and falsely takes or uses any name, title, addition or description implying that he is registered under this Act, or that he is recognized by law as a physician or surgeon or licentiate in medicine and surgery or a practitioner in medicine or an apothecary; (d) wilfully and falsely takes or uses any name, title, addition or description, or uses any instrument,
calculated to induce any person to believe that he is qualified to practise medicine or surgery according to modern scientific methods;
(e) practises medicine or surgery;
(f) uses the term "clinic" or "dispensary" or "hospital" or the equivalent of any of these terms in any other language in the signboard over his place of practice in purported practice of medicine or surgery as a person registered under this Act; or
(g) uses a symbol designed by the Council for the use of registered medical practitioners only,
shall be guilty of an offence against this Act.
(2) For the purposes of subsection (1)--
(a) the taking or using by any person of the term "doctor" or "clinic" or "dispensary" or "hospital" or the
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in relation to the practice of medicine or surgery shall be deemed to be the taking or using of a name, title, addition or description calculated to induce any
person to believe that he is qualified to practise medicine or surgery according to modern scientific methods; and
(b) subject to regulations made under paragraph 36(2)(p), the using by any person in the practice of medicine or surgery of a sphygmomano-meter, stethoscope,
hypodermic syringe or other instrument used
exclusively by persons qualified to practice medicine or surgery according to modern scientific methods, shall be deemed to be the using of instruments
calculated to induce a person to believe that he is qualified to practise medicine or surgery according to modern scientific methods.
Malay, Chinese, Indian or other native methods of therapeutics
34. (1) Subject to subsection (2) and regulations made under this Act, nothing in this Act shall be deemed to affect the right of any person, not being a person taking or using any name, title, addition or description calculated to induce any person to believe that he is qualified to practise medicine or surgery according to modern scientific methods, to practise systems of therapeutics according to purely Malay, Chinese, Indian or other native methods, and to demand and recover reasonable charges in respect of such practice.
(2) Notwithstanding subsection (1), no person, unless he is a registered medical practitioner, shall hold himself out as being qualified, competent or willing to undertake the treatment of diseases of the human eye or the prescription of remedies therefor, or the giving of advice in connection with the treatment thereof:
Provided that nothing in this section shall be taken to prohibit a person who is not a registered medical practitioner from holding himself out as being qualified, competent or willing to test refraction, visual acuity and colour vision, or to make or provide spectacles or other optical appliances for the remedy of defects of vision.
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(3) Any person who contravenes subsection (2) shall be guilty of an offence against this Act.
Examination and treatment of patients by students of medicine
34A. (1) Notwithstanding anything to the contrary in this Act, it shall be lawful for any person who is pursuing a course of study in medicine or surgery in--
(a) any University or University College established in accordance with the Universities and University
Colleges Act 1971; or
(b) any educational institution specified in the Third Schedule,
to carry out, in pursuance of the course of study, any investigation, examination or treatment of patients in any hospital, clinic, health centre or other institution which is approved by the Minister for the purposes of this section by notification in the Gazette; provided that the investigation, examination or treatment is carried out by the person under the control and supervision of a fully registered medical practitioner who holds a current and valid annual practising certificate.
(2) For the purposes of paragraph (1)(b), no educational institution shall be specified in the Third Schedule unless-- (a) it is an educational institution registered under the Education Act 1996 [Act 550]* or any law in connection with the registration of an educational institution; and (b) is affiliated with any institution specified in the second column of the Second Schedule for the purpose of granting to the students of the educational institution the specified qualification appearing against the institution.
(3) Any hospital, clinic, health centre or other institution managed and operated by the Government and approved by the Minister under subsection (1) shall not be liable for any injury, *NOTE--This Act has replaced Education Act 1961 [Act 43/1961] see section 155 Act
550. 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 28 Friday, March 31, 2006 10:49 AM Medical 29
loss or damage of a civil nature occasioned to any patient or other person solely in consequence of any investigation, examination or treatment of a patient under subsection (1) by a person pursuing a course of study in medicine or surgery specified under paragraph (1)(a) or (b); provided that nothing in this subsection shall be construed as conferring on the person or on the University or University College or educational institution where he is pursuing the course of study or on any officer or employee of the University or University College or educational institution any immunity from any liability for such injury, loss or damage. (4) The Minister may amend the Third Schedule by a notification in the Gazette.
Liability of the Government for torts committed by non- Government practitioners while attending to patients at the request of or by arrangement with the Government
*34B. A fully registered practitioner who holds a current and valid annual practising certificate, who is not a public officer and who, at the request of or by arrangement with the Government, carries out any investigation, examination, treatment or management of any patient in any Government hospital, clinic or health centre or in any other similar institution of the Government shall, while carrying out such investigation, examination, treatment or management, be deemed to be a public officer for the purposes of section 5 of the Government Proceedings Act 1956 [Act 359]; and notwithstanding subsection 6(4) of the Act, proceedings may be brought against the Government in respect of any act, neglect or default of such practitioner done or committed in the course of or in connection with such investigation, examination, treatment or management.
Medical practitioner authorized by Director General to be deemed a Government Medical Officer
34C. (1) The Director General may authorize in writing any medical practitioner who is fully registered under section 14 and *NOTE--This section shall be deemed to have come into force on 01-05-1973 see subsection 1(2) Act A492.
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not being a medical practitioner in the public service to undertake any of the following functions, that is:
(a) investigation, examination, treatment or management of any patient; or
(b) perform an autopsy or post-mortem investigation of any deceased person,
in any hospital, clinic or health centre or in any other similar institution.
(2) A medical practitioner who is so authorized under subsection (1) to perform any of the functions referred to in paragraphs (a) and (b) thereof shall be deemed to be a Government Medical Officer for the purposes of the Criminal Procedure Code [Act 593] and any other relevant laws in Malaysia.
General penalty
35. (1) Any person guilty of an offence against this Act for which no specific penalty is provided shall be liable on conviction--
(a) in respect of a first offence to a fine not exceeding *two thousand ringgit; and
(b) in respect of the second or subsequent offences to a fine not exceeding **five thousand ringgit or
imprisonment for a term not exceeding two years or both such fine and imprisonment.
(2) In the case of a continuing offence such person shall be liable to a further penalty of fifty ringgit for each day during the continuance of such offence in addition to the respective penalty under paragraphs (1)(a) and (b).
*NOTE--Previously a fine not exceeding one thousand ringgit see Medical (Amendment) Act 1993 [Act A840].
**NOTE--Previously a fine not exceeding two thousand ringgit or imprisonment for a term not exceeding six month see Medical (Amendment) Act 1993 [Act A840]. 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 30 Friday, March 31, 2006 10:49 AM Medical 31
PART VI
REGULATIONS, SAVING AND REPEAL
Regulations
36. (1) Subject to this Act, the Council may, with the approval of the Minister, make regulations to prescribe anything which under this Act is required to be prescribed, and generally to carry out the objects and purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such regulations may prescribe-- (a) the duties of the Registrar;
(b) the form of the Register, the mode in which it shall be kept and the contents thereof;
(c) the fees to be paid in respect of applications and proceedings under this Act and in respect of
certificates and other documents issued under this Act and provide for such exemptions therefrom as the
Council may deem appropriate;
(d) the form and manner in which applications for registration and for annual practising certificates shall be made;
(e) the form of any certificate or other document required for carrying out the purposes of this Act;
(f) the manner of proof of qualifications in medicine and surgery;
(g) the management of the property of the Council and the audit of its accounts;
(h) the duties to be performed by the Secretary;
(i) the issue of medical certificates of illness or death; (j) the procedure for the election of members of the Council;
(k) the securing of legal advice by the Council, the provision of legal advisers therefor, the qualifications and functions of such legal advisers and the
remuneration to be paid to them;
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(l) the receipt of complaints or information touching any disciplinary matter that may be inquired into by the Council and the establishment of a Committee to be known as the Preliminary Investigation Committee to make a preliminary investigation into complaints or information touching any disciplinary matter that may be inquired into by the Council and to determine
whether or not there shall be an inquiry by the
Council;
(m) the prohibition of a member of such Preliminary Investigation Committee who is also a member of the Council from attending any meeting of the Council whilst it is inquiring into a complaint or information, in the preliminary investigation of which he took part; (n) the procedure to be followed in relation to-- (i) the submission of complaints and information
to the Preliminary Investigation Committee;
(ii) the preliminary investigation of any complaint o r i n f o r m a t i o n b y t h e P r e l i m i n a r y Investigation Committee;
(iii) the formulation of charges arising out of
complaints and information;
(iv) the reference to the Council by the Preliminary Investigation Committee of cases arising out
of complaints and information;
(v) disciplinary inquiries held by the Council;
(o) the names, titles, additions or descriptions which it shall or shall not be permissible for persons practising systems of therapeutics according to Malay, Chinese, Indian or other native methods to take or use;
(p) exemptions from the application of paragraph
33(2)(b) in respect of the use of specific instruments by specific persons or classes of persons, subject to such restrictions and conditions as may be specified. Saving
37. (1) Subject to subsection (2), every medical practitioner who immediately before the coming into force of the Emergency 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 32 Friday, March 31, 2006 10:49 AM Medical 33
(Essential Powers) Ordinance No. 65, 1971 [P.U.(A)11/1971] was registered (otherwise than provisionally) under the Medical Registration Ordinance 1952 of the States of Malaya [F.M. 69 of 1952], the Medical Registration Ordinance of Sabah [Cap. 76] or the Medical Registration Ordinance of Sarawak [Cap. 112] or was employed in Sabah by the Government of Malaysia or the Government of the State of Sabah as a Medical Officer shall on the coming into force of this Act be deemed to be a fully registered medical practitioner under the provisions of this Act and shall be deemed to have an annual practising certificate in respect of the remainder of the year in which this Act comes into force: Provided that in the case of a medical practitioner who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 was registered (otherwise than provisionally) by virtue of paragraph 9(1)(c) of the Medical Registration Ordinance 1952 of the States of Malaya or subsection 9(2) of the said Ordinance or paragraph 5(1)(d) of the Medical Registration Ordinance of Sarawak, he shall be deemed to be a fully registered medical practitioner under the provisions of this Act only to the extent and subject to the conditions and restrictions operative in respect of his registration under the said Ordinances of the States of Malaya and Sarawak respectively:
Provided further that in the case of a medical practitioner who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 was exempted from registration by virtue of paragraph 17(e) of the Medical Registration Ordinance of Sabah, he shall be entitled upon application to the Registrar to be fully registered under this Act subject to such terms and conditions as the Council may direct. (2) Every person who immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971--
(a) was provisionally registered under the provisions of any of the Medical Registration Ordinances
mentioned in subsection (1); or
(b) was undergoing a period of service under paragraph 10(d) of the Medical Registration Ordinance 1952 of the States of Malaya or paragraph 5(1)(e) of the
Medical Registration Ordinance of Sarawak,
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shall be deemed to be provisionally registered under section 12 of this Act and shall be liable to subsection 13(1) of this Act: Provided, however, that--
(a) any period of employment in a resident medical capacity which he may have undergone shall be
counted towards the period of employment in a
resident medical capacity referred to in subsection 13(2) of this Act.
(b) (Deleted by Act A840)
(3) Every person who before the coming into force of this Act was registered under any of the provisions of the Emergency (Essential Powers) Ordinance No. 65, 1971 shall be deemed to have been registered under the corresponding provision of this Act, and this Act shall apply to him in as full and ample a manner as they would apply to him if he had obtained registration under the said corresponding provision of this Act.
(4) Any certificate (including any annual practising certificate), notice, application, other document, rule, order, regulation, direction, exemption, period of employment or service, proceeding, appointment, or act issued, given, served, made, granted, undergone, taken or done before the coming into force of this Act under any of the provisions of the Emergency (Essential Powers) Ordinance No. 65, 1971 shall, if it could have been issued, given, served, made, granted, undergone, taken or done under any corresponding provision of this Act, continue to operate, and have the like effect, as if it has been so issued, given, served, made, granted, undergone, taken or done, as the case may be.
(5) The Minister may by rules make such provision as he may consider necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act or in the application of subsections (1) to (4), and any such rule may be made so as to have effect as from the coming into force of this Act; and subsections (1) to (4) shall accordingly be deemed to be subject to this subsection.
(6) Notwithstanding anything contained in subsections (1) to (5), where a person was immediately before the coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971 deemed to be registered under section 30 of the Medical 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 34 Friday, March 31, 2006 10:49 AM Medical 35
Registration Ordinance 1952, of the States of Malaya, he shall not be deemed to be registered under this Act unless within a period of six months from the date of coming into force of this Act-- (a) he makes an application in writing to the Registrar to be deemed to be registered under this Act; and
(b) he satisfies the Registrar that he was immediately before the date of coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971--
(i) ordinarily resident in Peninsular Malaysia; and (ii) actually engaged in the practice of medicine or surgery in Peninsular Malaysia,
and where he has so satisfied the Registrar he shall be deemed to be registered under this Act subject to the same qualifications, conditions and restrictions as were operative in his case under the said section 30:
Provided that the Registrar may, in any particular case, if he considers it just and reasonable to do so, extend the said period of six months to such extent as he considers appropriate in the circumstances of the case:
And provided further that the Registrar may, in his absolute discretion, in any particular case or class of cases, where it comes to his knowledge that in such case or class of cases the person or persons concerned were, at any time before the date of coming into force of the Emergency (Essential Powers) Ordinance No. 65, 1971, deemed to be registered under the said section 30 and were ordinarily resident in Peninsular Malaysia and actually engaged in the practice of medicine or surgery in Peninsular Malaysia, deem such person to be registered under this Act, notwithstanding that such person may not have made an application to be deemed to be so registered.
Repeal
38. The Emergency (Essential Powers) Ordinance No. 65, 1971, the Medical Registration Ordinance 1952 of the States of Malaya, the Medical Registration Ordinance of Sabah and the Medical Registration Ordinance of Sarawak are hereby repealed. 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 35 Friday, March 31, 2006 10:49 AM 36 Laws of Malaysia ACT 50
PART VII*
SUPPLEMENTARY PROVISIONS FOR
NATIONAL PURPOSES
Purpose, commencement and duration of this Part
39. (1) It is declared that this Part is enacted for national purposes.
(2) This Part shall cease to be in force if Parliament, by resolution passed by each of the Houses of Parliament and published in the Gazette, provide that this Part shall no longer continue to remain in force.
Notice to fully registered person to serve in a medical capacity in the public services
40. (1) Every person who obtains full registration under this Act shall be liable immediately upon being fully registered or at any time thereafter to be served with a written notice issued by or on behalf of the Director General requiring such person to assume appointment in a medical capacity in such post in such public service and on such date, as may, in each of these respects, be specified in the notice.
(2) A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence under this Act.
(3) Immediately upon a charge under subsection (2) or under section 41 being proved in court against any person, the registration of such person under section 14 shall be deemed to be revoked, and the Registrar shall accordingly strike off from the Register the name of such person.
(4) (a) Where the name of a person is struck off from the Register under subsection (3), it shall not be restored on the Register except upon a direction given by the Minister, and the Minister may give such direction upon an application in writing being made to him by the person whose name has been struck off from the Register.
*NOTE--This Part shall be deemed to have come into force on 01-10-1986 see subsection 12(1) Act A840.
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(b) Any direction so given may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions requiring such person to serve in a medical capacity to the satisfaction of the Director General for a continuous total period of not less than three years in such post in such one or more of the public services as may from time to time be determined by the Director General in his discretion.
(c) While such person is fulfilling the terms and conditions imposed under this subsection he shall be deemed to be fully registered so far as is necessary to fulfil the terms and conditions imposed under this subsection and for such other purposes as the Minister may direct, but no further; and upon fulfilment of the terms and conditions imposed under this subsection he shall be entitled to a certificate issued by the Director General as evidence thereof.
(5) The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name upon the Register shall be final and shall not be questioned or reviewed in any court whatsoever.
(6) Where a notice under subsection (1) has been served on any person liable to be served therewith, the Director General may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice under subsection (1). Period of service in pursuance of a notice under subsection 40(1)
41. A person who commences to serve in a post in a public service in pursuance of a notice issued under subsection 40(1), shall continue to serve in the said post or in such other subsequent post in the same or such other public service as may from time to time be determined by the Director General in his discretion for a continuous total period of not less than three years to the satisfaction of the Director General and if he fails to do so he shall be guilty of an offence under this Act.
Power of Minister to grant reduction, exemption or postponement from period of service under section 41
42. (1) The Minister may, by order published in the Gazette-- 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 37 Friday, March 31, 2006 10:49 AM 38 Laws of Malaysia ACT 50
(a) in respect of any particular person;
(b) generally in respect of any class of persons during such period as he may specify;
(c) generally in respect of all persons during such period as he may specify,
grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 41. (2) The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 41, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.
(3) The decision of the Minister upon an application made to him under subsection (2) shall be final and shall not be questioned or reviewed in any court whatsoever.
Minister may make rules
43. The Minister may make rules for carrying into effect the objects and purposes of this Part.
Saving
44. (1) Anything done under section 40, 41, 42 or 43 of the Emergency (Essential Powers) Ordinance No. 65, 1971 shall be deemed to have been done under section 40, 41, 42 or 43, respectively, of this Act and shall, accordingly continue to operate and have effect under such respective sections of this Act. (2) Subsection 37(4) and (5) shall apply to this Part and in such application they shall be construed as being in amplification of subsection (1) of this section.
(3) Nothing in subsection (1) shall have the effect of rendering any person liable to any penalty in respect of any omission to comply with, or in respect of any act done contrary to subsection 40(2) and section 41.
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SCHEDULES
FIRST SCHEDULE
[Section 7]
SUPPLEMENTARY PROVISIONS
RELATING TO THE COUNCIL
President of the Council
1. (1) The Director General shall be the President of the Council. (2) The President, if present, shall be the Chairman at meetings of the Council: Provided that if the President shall be absent from any meeting of the Council the members present at such meeting shall elect one of themselves to act as chairman at that meeting.
Meetings of the Council
2. (1) The Council shall meet at such times and such places as the President may appoint, provided that there shall be held at least two meetings in a year. (2) Where not less than seven members submit to the President a written request to convene a meeting of the Council, the President shall convene such meeting within one month of the receipt of such request.
(3) The quorum for a meeting of the Council shall be nine, and the decision of the Council shall be by a simple majority of the members present and voting. (4) When any vacancy occurs amongst the members, the Council shall, as soon as practicable, take the necessary action to fill such vacancy. (5) The Chairman at any meeting shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote. (6) There shall be paid to such members of the Council as are not public officers such fees for attendance at meetings of the Council or of any committee appointed by the Council and such reasonable travelling expenses and subsistence allowances for such attendance and for journeys undertaken in the discharge of their duties under this Act as may from time to time be approved by the Minister. (7) Subject to this Act, the Council may make standing orders regulating its own procedure generally, and, in particular, regarding the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes. 050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 39 Friday, March 31, 2006 10:49 AM 40 Laws of Malaysia ACT 50
Committees of the Council
3. (1) The Council may from time to time constitute out of its membership one or more committees, as it thinks fit, and may delegate to them such of the Council's functions as the Council thinks fit.
(2) The quorum of any such committee shall be three, unless otherwise determined by the Council.
Secretary of the Council
4. The President may appoint an officer of the Ministry of Health to be the Secretary of the Council.
Office of the Council
5. The office of the Council shall be at such place as the Director General may appoint.
SECOND SCHEDULE
[Subparagraph 12(1)(a)(i)]
LIST OF REGISTRABLE QUALIFICATIONS
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
Malaysia ... University of Malaya Bachelor of Medicine and Bachelor of Surgery
or Sarjana Muda
Perubatan dan Sarjana
Muda Pembedahan
Universiti Kebangsaan Malaysia Doktor Perubatan
Universiti Sains Malaysia Doctor of Medicine
Universiti Malaysia Sarawak
(UNIMAS)
Doctor of Medicine
(M.D.) (Recognized on
15 May 2000)
University Putra Malaysia (UPM) Doctor of Medicine (M.D) (Recognized on
5 June 2001)
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International Medical University
(IMU)
Bachelor of Medicine
and Bachelor of Surgery
(M.B.B.S) (Recognized
on 19 February 2002)
International Islamic University
(IIUM)
Bachelor of Medicine
and Bachelor of Surgery
(M.B.B.S) (Recognized
in 14 May .2002)
Australia ... University of New South Wales Bachelor of Medicine and Bachelor of Surgery
University of Sydney Bachelor of Medicine;
Bachelor of Medicine
and Bachelor of Surgery
University of Queensland Bachelor of Medicine
and Bachelor of Surgery
University of Adelaide Bachelor of Medicine
and Bachelor of Surgery
University of Melbourne Bachelor of Medicine
and Bachelor of Surgery
Monash University, Victoria Bachelor of Medicine
and Bachelor of Surgery
University of Western Australia Bachelor of Medicine and Bachelor of Surgery
University of Tasmania Bachelor of Medicine
and Bachelor of Surgery
Flinders University of South
Australia
Bachelor of Medicine
and Bachelor of Surgery
University of Newcastle, New
South Wales
Bachelor of Medicine
Bangladesh ... University of Dhaka:
Dhaka Medical College
Bachelor of Medicine
and Bachelor of Surgery
(before 8 February 1958,
excludedfromrecognition)
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 41 Friday, March 31, 2006 10:49 AM 42 Laws of Malaysia ACT 50
University of Chittagong:
Chittagong Medical College
Sylhet M.A.G. Osmani
Medical College
Bachelor of Medicine
and Bachelor of Surgery
Belgium ... Catholic University Leuven
(Katholieke Universiteit Leuven)
Doctor of Medicine
Antwerp University (Universiteit
Antwerpen)
Doctor of Medicine
State University of Ghent
(Rijksuniversiteit te gent)
Doctor of Medicine
Free University of Brussels
(Vrije Universiteit Brussel)
Doctor of Medicine
Canada ...
Ceylon ... Faculty of Medicine,
University of Colombo,
Sri Lanka
Bachelor of Medicine
and Bachelor of Surgery
from 01-07-1942--30-09-1967
known as Faculty of Medicine,
University of Ceylon;
from 01-10-1967--30-09-1968
known as Faculty of Medicine,
University of Colombo;
from 01-10-1968--14-02-1972
known as Faculty of Medicine,
University of Ceylon , Colombo;
and
from 15-12-1972--31-12-1978
known as Faculty of Medicine,
University of Sri Langka
Colombo Campus
Arab Republic
of Egypt ...
Hong Kong ... University of Hong Kong Bachelor of Medicine and Bachelor of Surgery
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 42 Friday, March 31, 2006 10:49 AM Medical 43
India ... University of Agra:
Sarojini Naidu Medical College,
Agra
Bachelor of Medicine
and Bachelor of
Surgery (before 1 April
1994, excluded from
recognition)
University of Andhra:
Andhra Medical College,
Visakhapatnam
Bachelor of Medicine
and Bachelor of Surgery
(before 11 January 1944,
excludedfromrecognition)
Guntur Medical College,
Guntur
(before 1 October 1961,
excluded from
recognition)
Banaras Hindu University:
Institute of Medical Sciences
(formerly College of Medical
Sciences)
Bachelor of Medicine
and Bachelor of Surgery
M.S. University of Baroda:
Medical College, Baroda
Bachelor of Medicine
and Bachelor of
Surgery (before 1 April
1954, excluded from
recognition)
Bharathidasan University,
Tiruchirapalli:
Thanjavur Medical College,
Thanjavur
Bachelor of Medicine
and Bachelor of Surgery
(before 7 January 1982,
excludedfromrecognition)
University of Calcutta:
Medical College, Calcutta R.
G. Kar (formerly Carmichael)
Medical College, Calcutta
Bachelor of Medicine
and Bachelor of
Surgery (between 30
November 1924 and 13
May 1928 and between
24 February 1930 and
15 October 1936,
excluded from recognition)
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 43 Friday, March 31, 2006 10:49 AM 44 Laws of Malaysia ACT 50
Nil Ratan Sarkar (formerly
Campbell) Medical College,
Calcutta
Calcutta National Institute
(formerly National Medical
Institute), Calcutta
Lake Medical College,
Calcutta *
University of Dibrugarh:
Assam Medical College,
Dibrugarh
Bachelor of Medicine
and Bachelor of
Surgery (before 21 May
1952, excluded from
recognition)
Devi Ahilya Vishwavidyalaya:
Mahatma Gandhi Memorial
Medical College, Indore
(formerly University of
Indore)
Bachelor of Medicine
and Bachelor of Surgery
(before 26 January 1983,
excluded from recognition)
University of Madras:
Jawaharlal Institute of
Postgraduate Medical
Education and Research
(formerly known as Medical
College (Jawaharlal Institute)
Pondicherry)
Bachelor of Medicine
and Bachelor of
Surgery
Maharshi Dayanand University,
Rohtak:
Medical College, Rohtak
Bachelor of Medicine
and Bachelor of Surgery
Mangalore University:
Manipal Academy of Higher
Education (MAHE),
Kasturba Medical College,
Mangalore,
Kasturba Medical College,
Manipal
Bachelor of Medicine
and Bachelor of Surgery
(before July 1981,
excluded from recognition)
*NOTE--Not affiliated to Calcutta University now. Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 44 Friday, March 31, 2006 10:49 AM Medical 45
University of Mysore:
Kasturba Medical College
Mysore Medical College
Bachelor of Medicine
and Bachelor of Surgery
(before 1 January 1949,
excluded from recognition)
University of Nagpur:
Medical College, Nagpur
Bachelor of Medicine
and Bachelor of Surgery
(before 1 September 1953,
excluded from recognition)
Osmania University:
Gandhi Medical College,
Hyderabad
Osmania Medical College,
Hyderabad
Bachelor of Medicine
and Bachelor of Surgery
(before 16 August 1951,
excluded from recognition)
Panjab University:
Amristar Medical College
Christian Medical College,
Ludhiana
Bachelor of Medicine
and Bachelor of Surgery
(before 1 January 1948,
excluded from recognition)
University of Rajasthan:
Sardar Patel Medical College,
Bikaner
Sawai Man Singh Medical
College, Jaipur
Bachelor of Medicine
and Bachelor of Surgery
(before 1 September
1953, excluded from
recognition)
Ravindranath Tagore Medical
College, Udaipur
University of Utkal:
S.C.B. Medical College,
Cuttack
Bachelor of Medicine
and Bachelor of Surgery
(before 15 November
1951, excluded from
recognition)
College of Physicians and
Surgeons, Bombay:
Medical Colleges shown under
the University of Bombay
Member (before 1 May
1944, excluded from
recognition)
State Medical Faculty of West
Bengal:
Medical Colleges shown under
the University of Calcutta
Member(before 1September
1953, excluded from
recognition)
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 45 Friday, March 31, 2006 10:49 AM 46 Laws of Malaysia ACT 50
Indonesia ... Fakulti Kedoktoran, Universiti
Indonesia, Djakarta
Ijazah Kedoktoran (M.D.)
Fakulti Kedoktoran, Airlangga
Universiti, Surabaya, Indonesia
Ijazah Kedoktoran (M.D.)
Universitas Diponegoro Semarang Doctor of Medicine Universitas Padjadjaran, Bandung Ijazah Kedoktoran (M.D.) Universitas Gajah Mada,
Jogjakarta
Ijazah Kedoktoran (M.D.)
Universitas Andalas, Padang Ijazah Kedoktoran (M.D.) Universitas Sumatra Utara,
Medan
Ijazah Kedoktoran (M.D.)
Universitas Sriwaja Palembang,
Sumatera
Ijazah Kedoktoran (M.D.)
Universitas Brawijaya, Malang,
Jawa
Ijazah Kedoktoran (M.D.)
Universitas Hasanuddin, Sulawesi
Selatan
Ijazah Kedoktoran (M.D.)
Universitas Udayana Denpasar,
Bali
Ijazah Kedoktoran (M.D.)
Universitas Trisakti Bachelor of Medicine
(Recognized on
15 October 2001)
Universitas Kristen
Krida Wacana (UKRIDA)
Bachelor of Medicine
(Recognized on
15 October 2001)
Iran ... University of Tehran Doctor of Medicine
Iraq ... Baghdad University Bachelor of Medicine
and Bachelor of Surgery
University of Basrah Bachelor of Medicine
and Bachelor of Surgery
UniversityofAl-Mustansyiriah:
College of Medicine, Baghdad
Bachelor of Medicine
and Bachelor of Surgery
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 46 Friday, March 31, 2006 10:49 AM Medical 47
University of Mosul Bachelor of Medicine
and Bachelor of Surgery
Republic of
Ireland ...
University of Dublin Bachelor of Medicine
and Bachelor of Surgery
Licentiate in Medicine
and Licentiate in Surgery
National University of Ireland Bachelor of Medicine and Bachelor of Surgery
Royal College of Physicians of
Ireland
Licentiate and Licentiate
in Midwifery
Royal College of Surgeons of
Ireland
Licentiate and Licentiate
in Midwifery
Apothecaries' Hall of Dublin Licentiate
Japan ... Hiroshima University Doctor of Medicine Hokkaido University Doctor of Medicine
Kyushu University Doctor of Mecicine
Nagasaki University Doctor of Medicine
Tohoku University Doctor of Medicine
Tokyo Medical & Dental
University
Doctor of Medicine
University of Tokushima Doctor of Medicine
Osaka University Doctor of Medicine
Ryukyus University Doctor of Medicine
(M.D) (Recognized on
20 August 1996)
Asahikawa Medical College Doctor of Medicine
(M.D) (Recognized on
20 August 1996)
Jordan ... University of Jordan, Amman Medical Bachelor and Bachelor of Surgery
Jordan University of Sciences
and Technology (JUST), Irbid
Medical Bachelor and
Bachelor of Surgery
Malta ... Royal University of Malta Doctor of Medicine Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 47 Friday, March 31, 2006 10:49 AM 48 Laws of Malaysia ACT 50
Myanmar ... Medical Institute (III),
Mandalay (after November 1970
Known as Institute of Medicine,
Mandalay)
Bachelor of Medicine
and Bachelor of Surgery
New Zealand... University of Otago Bachelor of Medicine and Bachelor of Surgery
University of Auckland Bachelor of Medicine
and Bachelor of Surgery
Pakistan ... University of the Punjab:
King Edward Medical
College, Lahore
Bachelor of Medicine
and Bachelor of Surgery
Fatimah Jinnah Medical
College for Women, Lahore
(before 5 November 1957,
excluded from recognition)
University of Sind:
Liaquat Medical College,
Hyderabad
Bachelor of Medicine
and Bachelor of Surgery
(before 14 April 1960,
excluded from recognition)
Russia ... ... I.M. Sechenov Moscow
Medical Academy or Moscow
Medical Academy (MMA)
(official name is State
Educational Establishment of
Higher Vocational Training
I.M. Sechenov Moscow
Medical Academy)
Doctor of Medicine in
General Medicine
(before 3 May 2001,
excluded from recognition)
Russian State Medical University Doctor of Medicine in General Medicine
(before 3 May 2001,
excluded from recognition)
Nizhny Novgorod State Medical
Academy
Doctor of Medicine in
General Medicine
(before 3 May 2001,
excluded from recognition)
Kursk State Medical University Doctor of Medicine in General Medicine
(before 8 July 1999,
excluded from recognition)
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 48 Friday, March 31, 2006 10:49 AM Medical 49
Volgograd State Medical
University (VolSMU)
(before 8 January 2003 known
as Volgograd State Medical
Academy or Volgograd Medical
Academy)
Doctor of Medicine in
General Medicine
(before 3 May 2001,
excluded from recognition)
Saudi Arabia...
Singapore ... National University of
Singapore (formerly known as
University of Singapore)
Bachelor of Medicine
and Bachelor of Surgery
South Africa... University of Pretoria, Pretoria Baccalaureus in Medicine Science and
Surgery
University of Witwatersrand,
Johannesburg
Bachelor of Medicine
and Bachelor of Surgery
(MBChB)
Medical University of Southern
Africa (MEDUNSA), Medunsa
Bachelor of Medicine
and Bachelor of Surgery
(MBChB)
University of Orange Free
State, Bloemfontein
Bachelor of Medicine
and Bachelor of Surgery
(MBChB)
University of Cape Town, Cape
Town
Bachelor of Medicine
and Bachelor of Surgery
(MBChB)
University of Stellenbosch,
Stellenbosch
Bachelor of Medicine
and Bachelor of Surgery
(MBChB)
Sudan ... University of Khartoum Bachelor of Medicine and Bachelor of Surgery
(MBBS)
University of Gezira Bachelor of Medicine
and Bachelor of Surgery
(MBBS)
Taiwan ... National Taiwan University
College of Medicine
Doctor of Medicine
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 49 Friday, March 31, 2006 10:49 AM 50 Laws of Malaysia ACT 50
National Defence Medical
College
Doctor of Medicine
National Yang Ming University
Medical College
Doctor of Medicine
National Cheng Kung
University Medical College
Doctor of Medicine
Taipei Medical College Doctor of Medicine
China Medical College Doctor of Medicine
Chung Shan Medical & Dental
College
Doctor of Medicine
Kaohsiung Medical College Doctor of Medicine
Turkey ...
Uganda ... University of East Africa:
Makerere University College
Bachelor of Medicine
and Bachelor of Surgery
(before December 1953,
excluded from recognition)
Ukraine ... Crimea State Medical
University
Doctor of Medicine in
General Medicine
(Recognized on 7
August 2001)
United Kingdom University of Birmingham Bachelor of Medicine and Bachelor of Surgery
University of Bristol Bachelor of Medicine
and Bachelor of Surgery
University of Cambridge Bachelor of Medicine
and Bachelor of Surgery
University of Durham Bachelor of Medicine
and Bachelor of Surgery
University of Leeds Bachelor of Medicine
and Bachelor of Surgery
University of Leicester:
School of Medicine
Bachelor of Medicine
and Bachelor of Surgery
University of Liverpool Bachelor of Medicine
and Bachelor of Surgery
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 50 Friday, March 31, 2006 10:49 AM Medical 51
University of London Bachelor of Medicine
and Bachelor of Surgery
University of Manchester Bachelor of Medicine
and Bachelor of Surgery
University of Newcastle-upon-
Tyne
Bachelor of Medicine
and Bachelor of Surgery
University of Oxford Bachelor of Medicine
and Bachelor of Surgery
University of Sheffield Bachelor of Medicine
and Bachelor of Surgery
University of Wales Bachelor of Medicine
and Bachelor of Surgery
University of Aberdeen Bachelor of Medicine
and Bachelor of Surgery
University of Dundee Bachelor of Medicine
and Bachelor of Surgery
University of Edinburgh Bachelor of Medicine
and Bachelor of Surgery
University of Glasgow Bachelor of Medicine
and Bachelor of Surgery
University of St. Andrews Bachelor of Medicine
and Bachelor of Surgery
Queen's University of Belfast Bachelor of Medicine and Bachelor of Surgery
Royal College of Physicians of
London
Licentiate
Royal College of Surgeons of
England
Member
Society of Apothecaries of
London
Licentiate in Medicine
and Surgery
Royal College of Physicians of
Edinburgh
Licentiate
Royal College of Surgeons of
Edinburgh
Licentiate
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 51 Friday, March 31, 2006 10:49 AM 52 Laws of Malaysia ACT 50
Royal College of Physicians
and Surgeons of Glasgow
Licentiate
University of Southampton Bachelor of Medicine
Nottingham University Bachelor of Medicine
and Bachelor of Surgery
United States
of America ...
Medical College of Alabama,
Birmingham
Doctor of Medicine
University of Arkansas School
of Medicine, Little Rock
Doctor of Medicine
Loma Linda University School
of Medicine
Doctor of Medicine
University of California School
of Medicine, Los Angeles
Doctor of Medicine
University of California, Irvine
California College of Medicine
Doctor of Medicine
University of Southern
California School of Medicine,
Los Angeles
Doctor of Medicine
Stanford University School of
Medicine, Palo Alto
Doctor of Medicine
University of California School
of Medicine, San Francisco
Doctor of Medicine
University of Colorado School
of Medicine, Denver
Doctor of Medicine
Yale University School of
Medicine, New Haven
Doctor of Medicine
Georgetown University School
of Medicine, Washington
Doctor of Medicine
George Washington University
School of Medicine,
Washington
Doctor of Medicine
Howard University College of
Medicine, Washington
Doctor of Medicine
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 52 Friday, March 31, 2006 10:49 AM Medical 53
University of Miami School of
Medicine, Coral Gables
Doctor of Medicine
University of Florida College of
Medicine Gainesville
Doctor of Medicine
Emory University School of
Medicine, Atlanta
Doctor of Medicine
Medical College of Georgia,
Augusta
Doctor of Medicine
Chicago Medical College,
Chicago
Doctor of Medicine
Northwestern University
Medical School, Chicago
Doctor of Medicine
Loyola University, Stritch
School of Medicine, Chicago
Doctor of Medicine
University of Chicago School
of Medicine, Chicago
Doctor of Medicine
University of Illinois College of
Medicine
Doctor of Medicine
Indiana University School of
Medicine, Indianapolis
Doctor of Medicine
University of Iowa College of
Medicine, Iowa City
Doctor of Medicine
University of Kansas School of
Medicine, Kansas City
Doctor of Medicine
University of Kentucky College
of Medicine, Lexington
Doctor of Medicine
University of Louisville School
of Medicine, Louisville
Doctor of Medicine
Louisiana University School of
Medicine, New Orleans
Doctor of Medicine
Tulane University School of
Medicine, New Orleans
Doctor of Medicine
Johns Hopkins University
School of Medicine, Baltimore
Doctor of Medicine
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 53 Friday, March 31, 2006 10:49 AM 54 Laws of Malaysia ACT 50
University of Maryland School
of Medicine, Baltimore
Doctor of Medicine
Boston University School of
Medicine, Boston
Doctor of Medicine
Harvard Medical School,
Boston
Doctor of Medicine
Tufts University School of
Medicine, Boston
Doctor of Medicine
Wayne State University School
of Medicine, Detroit
Doctor of Medicine
University of Minnesota
Medical School, Minneapolis
Doctor of Medicine
University of Mississippi
School of Medicine, Jackson
Doctor of Medicine
University of Missouri School
of Medicine, Columbia
Doctor of Medicine
Saint Louis University School
of Medicine, St. Louis
Doctor of Medicine
Washington University School
of Medicine, St. Louis
Doctor of Medicine
Creighton University School of
Medicine, Omaha
Doctor of Medicine
University of Nebraska College
of Medicine, Omaha
Doctor of Medicine
New Jersey College of
Medicine and Dentistry, Jersey
City
Doctor of Medicine
Albany Medical College of
Union University, Albany
Doctor of Medicine
State University of New York at
Buffalo School of Medicine
Doctor of Medicine
Columbia University College of
Physicians and Surgeons, New
York
Doctor of Medicine
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 54 Friday, March 31, 2006 10:49 AM Medical 55
Cornell University Medical
College, New York
Doctor of Medicine
Albert Einstein College of
Medicine, Yeshire University
New York
Doctor of Medicine
New York Medical College,
New York
Doctor of Medicine
New York University School of
Medicine, New York
Doctor of Medicine
State University of New York
College of Medicine,
Downstate Medical Center,
Brooklyn.
Doctor of Medicine
University of Rochester School
of Medicine and Dentistry,
Rochester
Doctor of Medicine
State University of New York
College of Medicine, Upstate
Medical Center, Syracuse
Doctor of Medicine
University of North Carolina
School of Medicine, Chapel
Hill
Doctor of Medicine
Duke University School of
Medicine, Durham
Doctor of Medicine
Bowman Gray School of
Medicine of Wake Forest
College, Winston-Salem
Doctor of Medicine
University of Cincinnati
College of Medicine, Cincinnati
Doctor of Medicine
Case Western Reserve
University School of Medicine,
Cleveland
Doctor of Medicine
Ohio State University College
of Medicine, Columbus
Doctor of Medicine
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 55 Friday, March 31, 2006 10:49 AM 56 Laws of Malaysia ACT 50
University of Oklahoma School
of Medicine, Oklahoma City
Doctor of Medicine
University of Oregon Medical
School, Portland
Doctor of Medicine
Mahnemann Medical College of
Philadelphia
Doctor of Medicine
Jefferson Medical College of
Philadelphia
Doctor of Medicine
Temple University School of
Medicine, Philadelphia
Doctor of Medicine
University of Pennsylvania
School of Medicine, Philadelphia
Doctor of Medicine
Woman's Medical College of
Pennsylvania, Philadelphia
Doctor of Medicine
University of Pittsburgh School
of Medicine
Doctor of Medicine
University of Puerto Rico
School of Medicine, San Juan
Doctor of Medicine
Medical College of South
Carolina, Charleston
Doctor of Medicine
University of Tennessee College
of Medicine, Memphis
Doctor of Medicine
Meharry Medical College School
of Medicine, Nashville
Doctor of Medicine
Vanderbilt University School of
Medicine, Nashville
Doctor of Medicine
University of Texas
Southwestern Medical School,
Dallas
Doctor of Medicine
University of Texas Medical
Branch, Galveston
Doctor of Medicine
Baylor University College of
Medicine, Houston
Doctor of Medicine
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 56 Friday, March 31, 2006 10:49 AM Medical 57
University of Utah College of
Medicine, Salt Lake City
Doctor of Medicine
University of Vermont College
of Medicine, Burlington
Doctor of Medicine
University of Virginia School
of Medicine, Charlottesville
Doctor of Medicine
Medical College of Virginia,
Richmond
Doctor of Medicine
University of Washington School
of Medicine, Seattle
Doctor of Medicine
West Virginia University School
of Medicine, Morgantown
Doctor of Medicine
University of Wisconsin
Medical School, Madison
Doctor of Medicine
Marquette University School of
Medicine, Milwaukee
Doctor of Medicine
Dartmouth Medical School,
Hanover
Doctor of Medicine
University of North Dakota
School of Medicine, Grand
Forks
Doctor of Medicine
University of South Dakota
School of Medicine, Vermillion
Doctor of Medicine
University of New Mexico
School of Medicine,
Albuquerque
Doctor of Medicine
Rutgers State University Doctor of Medicine
Brown University, Providence
Rhode Island
West Indies ... University of West Indies Bachelor of Medicine and Bachelor of Surgery
Country in which
qualification is
granted
Name of Institution
granting qualification
Description of
qualification
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 57 Friday, March 31, 2006 10:49 AM 58 Laws of Malaysia ACT 50
THIRD SCHEDULE
[Subection 34A(1)]
LIST OF EDUCATIONAL INSTITUTION
International Medical University
Melaka-Manipal Medical College
Penang Medical College
Perak College of Medicine
Asian Institute of Medicine, Science and Technology Monash University, Sunway Campus Malaysia
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 58 Friday, March 31, 2006 10:49 AM 59
LAWS OF MALAYSIA
Act 50
MEDICAL ACT 1971
LIST OF AMENDMENTS
Amending law Short title In force from
P.U.(A)41/1975 Medical (Amendment of Second
Schedule) Order 1975
21-02-1975
Act A300 Medical (Amendment) Act 1975 30-05-1975
P.U.(A)311/1975 Medical (Amendment of Second
Schedule) (No. 2) Order 1975
03-10-1975
P.U.(A)27/1976 Medical Act (Amendment of Second
Schedule) Order 1976
06-02-1976
P.U.(A)101/1976 Medical Act (Amendment of Second
Schedule) (No. 2) Order 1976
09-04-1976
Act A362 Medical (Amendment) Act 1976 29-10-1976
P.U.(A)258/1977 Medical Act (Amendment of Second
Schedule) Order 1977
02-09-1977
P.U.(A)373/1978 Medical Act (Amendment of Second
Schedule) Order 1978
29-12-1978
P.U.(A)127/1979 Medical Act (Amendment of Second
Schedule) Order 1979
22-06-1979
P.U.(A)165/1979 Medical (Amendment of Second
Schedule) (No. 2) Order 1979
03-08-1979
Act A492 Medical (Amendment) Act 1980 30-05-1980
except s. 34B:
01-05-1973
P.U.(A)180/1981 Medical (Amendment of Second
Schedule) Order 1981
26-06-1981
P.U.(A)460/1983 Medical Act (Amendment of Second
Schedule) Order 1983
11-11-1983
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P.U.(A)73/1986 Medical (Amendment of Second
Schedule) Order 1986
21-03-1986
P.U.(A)123/1986 Medical (Amendment of Second
Schedule) (No. 2) Order 1986
18-04-1986
P.U.(A)229/1986 Medical (Amendment of Second
Schedule) (No. 3) Order 1986
11-07-1986
P.U.(A)230/1986 Medical (Amendment of Second
Schedule) Order 1986 -
Corrigendum
11-07-1986
P.U.(A)392/1986 Medical (Amendment of Second
Schedule) Order 1986
14-11-1986
P.U.(A)251/1987 Medical (Amendment of Second
Schedule) Order 1987
31-07-1987
P.U.(A)285/1987 Medical (Amendment of Second
Schedule) (No. 2) Order 1987
04-09-1987
P.U.(A)375/1987 Medical (Amendment of Second
Schedule) (No. 3) Order 1987
13-11-1987
P.U.(A)388/1987 Medical (Amendment of Second
Schedule) Order 1987 -
Corrigendum
20-11-1987
P.U.(A)391/1987 Medical (Amendment of Second
Schedule) (No. 4) Order 1987
27-11-1987
P.U.(A)172/1988 Medical (Amendment of Second
Schedule) Order 1988
03-06-1988
P.U.(A)82/1989 Medical (Amendment of Second
Schedule) Order 1989
17-03-1989
P.U.(A)372/1989 Medical (Amendment of Second
Schedule) (No. 2) Order 1989
17-11-1989
P.U.(A)351/1990 Medical (Amendment of Second
Schedule) Order 1990
26-10-1990
P.U.(A)45/1992 Medical (Amendment of Second
Schedule) Order 1992
21-02-1992
P.U.(A)377/1992 Medical (Amendment of Second
Schedule) (No. 2) Order 1992
16-10-1992
Amending law Short title In force from
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 60 Friday, March 31, 2006 10:49 AM Medical 61
Act A840 Medical (Amendment) Act 1993 05-02-1993; except s. 39,
40, 41, 42, 43
and 44
01-10-1986
P.U.(A)83/1993 Medical (Amendment of Second
Schedule) Order 1993
02-04-1993
P.U.(A)51/1994 Medical (Amendment of Second
Schedule) Order 1994
11-02-1994
P.U.(A)307/1994 Medical (Amendment of Second
Schedule) (No.2) Order 1994
12-08-1994
P.U.(A)46/1995 Medical (Amendment of Second
Schedule) Order 1995
03-02-1995
P.U.(A)135/1995 Medical (Amendment of Second
Schedule) (No.2) Order 1995
05-05-1995
P.U.(A)391/1995 Medical (Amendment of Second
Schedule) (No.3) Order 1995
03-11-1995
P.U.(A)404/1995 Medical (Amendment of Second
Schedule) (No.4) Order 1995
17-11-1995
Act A932 Medical (Amendment) Act 1995 10-11-1995
P.U.(A)200/1996 Medical (Amendment of Second
Schedule) Order 1996
03-05-1996
P.U.(A)353/1996 Medical (Amendment of Second
Schedule) Order 1996
26-07-1996
P.U.(A)354/1996 Medical (Amendment of Second
Schedule) (No.2) Order 1996
26-07-1996
P.U.(A)144/1997 Medical (Amendment of Second
Schedule) Order 1997
01-01-1997
P.U.(A)324/1999 Medical (Amendment of Second
Schedule) Order 1999
13-08-1999
P.U.(A)143/2000 Medical (Amendment of Second
Schedule) Order 2000
21-04-2000
P.U.(A)371/2000 Medical (Amendment of Second
Schedule) (No.2) Order 2000
13-10-2000
Amending law Short title In force from
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 61 Friday, March 31, 2006 10:49 AM 62 Laws of Malaysia ACT 50
P.U.(A)77/2002 Medical (Amendment of Second
Schedule) Order 2002
01-03-2002
P.U.(A)132/2002 Medical (Amendment of Second
Schedule) (No. 2) Order 2002
12-04-2002
P.U.(A)93/2003 Medical (Amendment of Third
Schedule) Order 2003
04-04-2003
P.U.(A)177/2003 Medical (Amendment of Second
Schedule) Order 2003
06-06-2003
P.U.(A)391/2003 Medical (Amendment of Second
Schedule) (No. 2) Order 2003
24-10-2003
P.U.(A)116/2004 Medical (Amendment of Third
Schedule) Order 2004
02-04-2004
P.U.(A)189/2004 Medical (Amendment of First
Schedule) Order 2004
11-06-2004
P.U.(A)171/2005 Medical (Amendment of Second
Schedule) Order 2005
22-04-2005
P.U.(A)172/2005 Medical (Amendment of Third
Schedule) Order 2005
22-04-2005
Amending law Short title In force from
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 62 Friday, March 31, 2006 10:49 AM 63
LAWS OF MALAYSIA
Act 50
MEDICAL ACT 1971
LIST OF SECTIONS AMENDED
Section Amending authority In force from
3 Act A300 30-05-1975
Act A492 30-05-1980
Act A840 05-02-1993
12 Act A362 29-10-1976
Act A840 05-02-1993
13 Act A362 29-10-1976
Act A492 30-05-1980
Act A840 05-02-1993
19 Act A300 30-05-1975
Act A840 05-02-1993
20 Act A300 30-05-1975
24 Act A840 05-02-1993
31A Act A300 30-05-1975
34A Act A362 29-10-1976
Act A932 10-11-1995
34B Act A492 01-05-1973
34C Act A840 05-02-1993
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 63 Friday, March 31, 2006 10:49 AM 64 Laws of Malaysia ACT 50
35 Act A840 05-02-1993
37 Act A840 05-02-1993
39 Act A840 01-10-1986
40 Act A300 30-05-1975
Act A362 29-10-1976
Act A840 01-10-1986
41 Act A300 30-05-1975
Act A362 29-10-1976
Act A840 01-10-1986
42 Act A840 01-10-1986
43 Act A840 01-10-1986
44 Act A840 01-10-1986
First Schedule P.U.(A)189/2004 11-06-2004
Second Schedule P.U.(A)41/1975 21-02-1975
P.U.(A)311/1975 03-10-1975
P.U.(A)27/1976 06-02-1976
P.U.(A)101/1976 09-04-1976
P.U.(A)258/1977 02-09-1977
P.U.(A)273/1978 29-12-1978
P.U.(A)127/1979 22-06-1979
P.U.(A)165/1979 03-08-1979
P.U.(A)180/1981 26-06-1981
P.U.(A)460/1983 11-11-1983
P.U.(A)73/1986 21-03-986
Section Amending authority In force from
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 64 Friday, March 31, 2006 10:49 AM Medical 65
P.U.(A)123/1986 18-04-1986
P.U.(A)229/1986 11-07-1986
P.U.(A)230/1986 11-07-1986
P.U.(A)392/1986 14-11-1986
P.U.(A)251/1987 31-07-1987
P.U.(A)285/1987 04-09-1987
P.U.(A)375/1987 13-11-1987
P.U.(A)388/1987 20-11-1987
P.U.(A)391/1987 27-11-1987
P.U.(A)172/1988 03-06-1988
P.U.(A)82/1989 17-03-1989
P.U.(A)372/1989 17-11-1989
P.U.(A)351/1990 26-10-1990
P.U.(A)45/1992 21-02-1992
P.U.(A)377/1992 16-10-1992
P.U.(A)83/1993 02-04-1993
P.U.(A)51/1994 11-02-1994
P.U.(A)307/1994 12-08-1994
P.U.(A)46/1995 03-02-1995
P.U.(A)135/1995 05-05-1995
P.U.(A)391/1995 03-11-1995
P.U.(A)404/1995 17-11-1995
P.U.(A)200/1996 03-05-1996
P.U.(A)353/1996 26-07-1996
Section Amending authority In force from
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 65 Friday, March 31, 2006 10:49 AM 66 Laws of Malaysia ACT 50
P.U.(A)354/1996 26-07-1996
P.U.(A)144/1997 01-01-1997
P.U.(A)324/1999 13-08-1999
P.U.(A)143/2000 21-04-2000
P.U.(A)371/2000 13-10-2000
P.U.(A)77/2002 01-03-2002
P.U.(A)132/2002 12-04-2002
P.U.(A)177/2003 06-06-2003
P.U.(A)391/2003 24-10-2003
P.U.(A)171/2005 22-04-2005
Third Schedule Act A932 10-11-1995
P.U.(A)93/2003 04-04-2003
P.U.(A)116/2004 02-04-2004
P.U.(A)172/2005 22-04-2005
Section Amending authority In force from
050e (A132 of 02, A93-03, A177-03, A391-03, PU(A)11604).fm Page 66 Friday, March 31, 2006 10:49 AM
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