NST: KUALA LUMPUR: The original drafting committee was never presented with the final form and structure of the Private Healthcare Facilities and Services Act 1998.
Malaysian Medical Association (MMA) past president Datuk Dr Abdul Hamid Abdul Kadir said the committee was bypassed by the Health Ministry that sent the Bill to Parliament.
"It was never shown to us before being presented in Parliament," he told the New Straits Times.
He said the committee also did not see the final form and structure of the regulations which accompanied the Act.
Dr Abdul Hamid said the committee was not involved in formulating punishments for contravention of various requirements in the regulations.
"These were finalised before Health Minister Datuk Dr Chua Soi Lek and Director-General of Health Tan Sri Dr Ismail Merican took office."
Dr Abdul Hamid said he was the MMA president between 1996 and 1997 when the Act was drafted.
He had represented the MMA in discussions on the Act during that period after which his successor took over.
Besides him, others in the committee were representatives of the Malaysian Medical Council, the Association of Private Hospitals Malaysia, the College of General Practitioners (Academy of Family Physicians Malaysia), the Federation of Private Medical Practitioners Associations Malaysia and the Academy of Medicine of Malaysia.
"The meeting was chaired by senior officers, on rotation, from the Health Ministry with a secretary (also from the ministry)," he added.
He said some five to six meetings were held during the drafting of the Act.
The draft was completed in early 1997 with subsequent meetings looking at the regulations.
Dr Abdul Hamid said the committee secretary had presented state regulations from the USA with the committee selecting various sections on the structure and requirements of clinics and hospitals in good faith.
He said the regulations were finalised after the Act was passed in 1998 and gazetted in in April this year.
He said some requirements in the regulations needed study and amendments before being enforced.
"At least two professional bodies have submitted their memoranda to the minister who has agreed to study them. But the process of registering private medical clinics should not be held back but perhaps extended to early next year."
Dr Abdul Hamid said it was improper at this stage for medical practitioners to boycott the Act and regulations or to carry out street protests.
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