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View metadata, citation and similar papers at core.ac.uk brought to you by CORE Malaysia provided by CLoK by Kartina Aisha Choong University of Central Lancashire, United Kingdom This monograph has been reviewed by the Author and is up-to-date as of 31 July 2012 2012 Medical Law – Suppl. 73 (November 2012) Malaysia – 1 Published by: Kluwer Law International PO Box 316 2400 AH Alphen aan den Rijn The Netherlands E-mail: [email protected] Website: www.kluwerlaw.com Sold and distributed in North, Central and South America by: Aspen Publishers, Inc. 7201 McKinney Circle Frederick, MD 21704 United States of America Email: [email protected] Sold and distributed in all other countries by: Turpin Distribution Services Ltd. Stratton Business Park Pegasus Drive, Biggleswade Bedfordshire SG18 8TQ United Kingdom Email: [email protected] The monograph Malaysia is an integral part of Medical Law in the International Encyclopaedia of Laws series. Printed on acid-free paper. ISBN 978-90-654-4943-6 Medical Law was first published in 1993. Choong, Kartina Aisha. ‘Malaysia’. In International Encyclopaedia of Laws: Medical Law, edited by Herman Nys. Alphen aan den Rijn, NL: Kluwer Law International, 2012. This title is available on www.kluwerlawonline.com © 2012, Kluwer Law International BV, The Netherlands All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher. Permission to use this content must be obtained from the copyright owner. Please apply to: Permissions Department, Wolters Kluwer Legal, 76 Ninth Avenue, 7th Floor, New York, NY 10011-5201, USA. Email: [email protected] 2 – Malaysia Medical Law – Suppl. 73 (November 2012) The Author Dr Kartina Aisha Choong studied Law at the University of Cardiff before being called to the Bar of England and Wales in 1995 by the Honourable Society of Lin- coln’s Inn, London. She holds Masters degrees in Health Care Ethics (1995) and Applied Social Research (1997) from the University of Manchester, and in Islamic Studies (2003) from the University of Leeds. Her PhD degree was obtained from the University of Manchester in 2001. She currently holds a Senior Lectureship in Medical Law at the University of Central Lancashire where she is also the Course Leader for their LLM in Medical Law & Bioethics and LLM in Forensic & Legal Medicine. She has previously taught Law at the Universities of Reading, Durham and Leeds Metropolitan. Between 2002 and 2010, she served as a subject specialist for Medical Ethics and Religion for INTUTE: Arts and Humanities. She is a Fellow of the UK Higher Edu- cation Academy (FHEA). Medical Law – Suppl. 73 (November 2012) Malaysia – 3 The Author 4 – Malaysia Medical Law – Suppl. 73 (November 2012) Table of Contents The Author 3 List of Abbreviations 9 General Introduction 11 Chapter 1. The General Background of the Country 11 §1. GEOGRAPHY AND CLIMATE 11 §2. POPULATION 12 §3. POLITICAL AND JUDICIAL SYSTEMS 16 §4. POPULATION AND VITAL STATISTICS 26 §5. SOCIAL AND CULTURAL VALUES REGARDING HEALTH 27 Chapter 2. General Description of the Health Care System 34 §1. GENERAL REVIEW OF THE HEALTH CARE SYSTEM 34 §2. REGULATION OF THE HEALTH CARE SYSTEM 46 §3. FINANCING OF THE HEALTH CARE SYSTEM 50 Chapter 3. Sources of Medical Law 54 Part I. The Medical Profession 55 Chapter 1. Access to the Medical Profession 55 §1. TRAINING OF PHYSICIANS 63 §2. MANPOWER PLANNING 68 Medical Law – Suppl. 73 (November 2012) Malaysia – 5 Table of Contents §3. LICENSING OF PHYSICIANS I. General Practitioners 70 A. Registration of Medical Practitioners 70 B. Restriction on Registration 72 C. Restoration of Name to Register After Being Struck Off or Suspended From the Register 72 D. Cessation of Registration 73 E. Medical Practitioners Over the Age of 70 74 II. Medical Specialists 75 Chapter 2. Practice of Medicine 80 §1. LEGAL CONDITIONS FOR THE PRACTICE OF MEDICINE 80 §2. ILLEGAL PRACTICE OF MEDICINE 81 Chapter 3. Traditional and Complementary Medicine 83 Chapter 4. Control Over the Practice of Medicine 87 §1. PROFESSIONAL LIABILITY 87 I. Civil Liability 87 II. Criminal Liability 91 III. Vicarious Liability 91 §2. QUALITY ASSURANCE 92 §3. REVIEW BOARD 92 §4. DISCIPLINARY ORGANIZATIONS 93 I. The Malaysian Medical Register 93 A. Disciplinary Jurisdiction of the Malaysian Medical Council 93 B. Disciplinary Inquiries 93 C. Disciplinary Sanctions 95 D. Appeal Against Orders of the Council 97 II. Professional Codes 97 III. Biomedical Ethics Committee 98 Part II. The Physician-Patient Relationship 99 Chapter 1. General Description 99 §1. RIGHTS AND DUTIES OF PHYSICIANS AND PATIENTS 99 §2. INFORMED CONSENT 100 6 – Malaysia Medical Law – Suppl. 73 (November 2012) Table of Contents §3. CONFIDENTIALITY 102 §4. COMPLAINTS 105 §5. ACCESS TO MEDICAL RECORD 106 Chapter 2. The Physician-Patient Relationship in Specific Terms 107 §1. THE MINOR PATIENT 107 §2. THE MENTAL PATIENT 107 §3. THE DYING PATIENT 109 Chapter 3. Specific Activities 111 §1. ABORTION 111 §2. ASSISTED REPRODUCTION 113 §3. PRENATAL DIAGNOSIS 115 §4. ORGAN TRANSPLANTATION 116 §5. EUTHANASIA 118 §6. RESEARCH AND EXPERIMENTATION INVOLVING HUMAN SUBJECTS 121 §7. TRANSSEXUAL INTERVENTIONS 123 Part III. The Physician in Relation to the Health Care System 125 Chapter 1. Collegial Relationships 125 §1. ASSOCIATIONS 125 I. The Malaysian Medical Association 125 II. The Academy of Medicine of Malaysia 127 §2. COLLEGIALITY AMONG PHYSICIANS 128 Chapter 2. Relationship with Other Health Care Providers 129 §1. DENTISTS 129 §2. PHARMACISTS 134 Medical Law – Suppl. 73 (November 2012) Malaysia – 7 Table of Contents §3. NURSES 138 §4. MIDWIVES 139 §5. MEDICAL ASSISTANTS 141 §6. PARAMEDICAL PROFESSIONALS 142 Selected Bibliography 143 Index 145 8 – Malaysia Medical Law – Suppl. 73 (November 2012) List of Abbreviations AIMST Asian Institute of Medicine, Science and Technology University AMM Academy of Medicine of Malaysia APHM Association of Private Hospitals of Malaysia ART Assisted Reproductive Technology AUCMS Allianze University College of Medical Sciences BUCM Beijing University of Chinese Medicine CGPA Cumulative Grade Point Average CMA Commonwealth Medical Association CMAAO Confederation of Medical Associations in Asia and Oceania CUCMS Cyberjaya University College of Medical Sciences DAP Democratic Action Party DSA District Specific Approach EPF Employees’ Provident Fund FOMCA Federation of Malaysian Consumers Association GCP Malaysian Guideline for Good Clinical Practice GIFT Gamete Intra-Fallopian Transfer HAS Hospital Specific Approach IMU International Medical University IPF Indian Progressive Front IRB/IEC Institutional Review Board/Independent Ethics Committee KPJ Kumpulan Perubatan (Johor) Healthcare LDP Liberal Democratic Party LMS Licentiate in Medicine and Surgery MASEAN Medical Association of South East Asian Nations MBBS Bachelor of Medicine and Bachelor of Surgery MCA Malaysian Chinese Association MD Doctor of Medicine MDA Malaysian Dental Association MDC Malaysian Dental Council MHTC Malaysia Healthcare Travel Council MIC Malaysian Indian Congress MMA Malaysian Medical Association MMC Malaysian Medical Council MNB Malaysian Nursing Board Medical Law – Suppl. 73 (November 2012) Malaysia – 9 List of Abbreviations MOH Ministry of Health MPS Malaysian Pharmaceutical Society MQA Malaysian Qualifications Agency MREC Medical Research and Ethics Committee MSQH Malaysian Society for Quality in Health MSU Management and Science University NHIS National Health Insurance Scheme NIA National Indicator Approach NSR National Specialist Register NUCM Nanjing University of Chinese Medicine NUS National University of Singapore PAS Islamic Party of Malaysia PBB Parti Pesaka Bumiputra Bersatu Rakyat Sarawak PBRS Parti Bersatu Rakyat Sabah PBS Parti Bersatu Sabah PPP People’s Progressive Party PRS Parti Rakyat Sarawak PUGSOM Perdana University Graduate School of Medicine QAP Quality Assurance Programme SHUTCM Shanghai University of Traditional Chinese Medicine SPDP Sarawak People’s Democratic Party SUPP Sarawak United People’s Party T & CM Traditional and Complementary Medicine UCSI University College Sedaya International UIAM Universiti Islam Antarabangsa Malaysia UiTM Universiti Teknologi MARA UKM Universiti Kebangsaan Malaysia UM Universiti Malaya UMNO United Malay National Organization UMS Universiti Malaysia Sabah UniKL RCMP Universiti Kuala Lumpur Royal College of Medicine Perak UNIMAS Universiti Malaysia Sarawak UniSZA Universiti Sultan Zainal Abidin UPKO United Pasokmomugon Kadazandusun Organization UPM Universiti Putra Malaysia UPNM Universiti Pertahanan Nasional Malaysia USIM Universiti Sains Islam Malaysia USM Universiti Sains Malaysia UTAC Unrelated Transplant Approval Committee UTAR Universiti Tunku Abdul Rahman WFME World Federation for Medical Education WHO World Health Organization WMA World Medical Association 10 – Malaysia Medical Law – Suppl. 73 (November 2012) 1–2 General Introduction Chapter 1. The General Background of the Country §1. GEOGRAPHY AND CLIMATE 1. Malaysia is a relatively small country in the Southeast Asia region. It com- prises two constituent parts: Peninsula Malaysia (Semenanjung Malaysia) and East Malaysia (Malaysia Timur). Peninsula Malaysia, which is also known as West Malaysia (Malaysia Barat), is located between the Straits of Melaka and the South China Sea. To its west, lies the Indonesian island of