Defer the implementation of the controversial sections in the Private Healthcare Facilities and Services Act 1998 and its 2006 Regulations  as some parts are outdated owing to the 13-year lapse since it was mooted and the criminalization of doctors over trivial technicalities

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Media Statement
by Lim Kit Siang  
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 (Ipoh, Thursday) The implementation of the controversial sections in the Private Healthcare Facilities and Services Act 1998 and its 2006 Regulations should be deferred as the Health Minister Datuk Dr. Chua Soi Lek has admitted that some parts are outdated owing to the 13-year lapse since it was mooted and the criminalization of doctors over trivial technicalities.

The Malaysian Medical Association President, Datuk Dr. Teoh Siang Chin was not exaggerating when he said that in all his 20 years as a doctor, he has not seen so much anger being vented by the medical practitioners.

Last week, former Appeals Court Judge Datuk Mahadev Shankar suggested that the implementation of the Private Healthcare Facilities and Services Act 1998 and its Regulations 2006 should be deferred because of many grey areas in the legislation.

His proposal that the “grey areas” in the Act and Regulation need to be “fine-tuned’ with the private medical practitioners is most sensible, and  Dr. Chua should reconsider his initial rejection of the proposal as the Minister has acknowledged that some parts of the Act were outdated owing to the 13-year lapse since it was mooted.

While the objective of the Act to empower the Health Ministry to act against irresponsible private hospitals and clinics like turning away emergency cases because the patients do not have money for a deposit is commendable and deserve the support of all quarters, the legitimate grievances of the private practitioners that the Act makes unfair demands on private doctors – such as the requirement that to be registered, clinics have to make unnecessary structural renovations to their premises including the right flooring and ceiling as stipulated in the Regulations – must also be addressed seriously.

The public interest in affordable quality healthcare even in the private sector  is not served if the Act imposes bureaucratic controls which also creates loopholes for graft and abuses of power.

The argument that that if the government wants to set a standard, it should only apply to new clinics to be built or renovated and it should also apply to government clinics is sound and should be accepted by Dr. Chua.

(17/08/2006)