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2014 Federation of Private Medical Practitioners’ Associations, Malaysia
The Federation of Private Medical Practitioners Associations of Malaysia (FPMPAM) has received several reports alleging that some private hospitals, MCOs and third party payers may have policies or directives that contravene the Code of Professional Conduct (Code) of the Malaysian Medical Council (MMC).
As in a recent case, a doctor was sacked by the Management of a private hospital when he reported the wrongdoings of the hospital to the MMC. The said doctor then sued the hospital for wrongful termination. The court subsequently found the hospital had acted wrongfully in the said case.
The Private Health Care Facilities and Services Act (PHFSA) require all private healthcare facilities board of management to comply with the requirements of the MMC’s Code. The provisions in the PHFSA include, among others:
(a) a change in the powers of the registered medical practitioner or dental practitioner over the medical or dental management of patients as vested in paragraph 78(a)…
(d) the contravention of the code of ethics of any professional regulatory body of the medical, dental, nursing or midwifery profession …”
Similarly, all doctors practising in private hospitals and other private healthcare facilities are required to comply with the MMC’s Code, its guideline Duties of a Doctor, comprising Good Medical Practice and Confidentiality, and the MMC’s other guidelines.
Section 2.2.2 of the MMC’s Code states “A practitioner may not improperly disclose information which he obtained in confidence from or about a patient.”
Section 3.2 of Good Medical Practice states “In the final analysis, good medical practice dictates that the doctor must exert all in his powers to preserve patient confidentiality. The information that the doctor has come to possess is, in the first place, through the patient's voluntary revelations and consent to submit to physical examination and diagnostic investigative procedures. It is the patient's belief that such information will be kept private and used solely for his benefit.”
The duty of confidence is enunciated in detail in the MMC’s document Confidentiality. The doctor still has an obligation to keep personal information confidential after a patient dies.
The FPMPAM calls on all parties to always ensure that patients’ rights and interests are paramount and desist from policies and/or directives that contravene the MMC’s Code.
The FPMPAM will support all necessary action by doctors who refuse to enter into such contracts that may result in them breaching the law. This will include seeking legal recourse to support doctors who have been victimised because they have refused such contracts.
We urge that all such contracts be forwarded to the Medical Practice Division, Ministry of Health for vetting and for record as required by PHFSA.
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For further information or media enquiries, please contact:
Dr. SC Ng
Medical Affairs Committee
FPMPAM
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