MEASURES TO CHECK ABUSE OF POWER BY MEDICAL COUNCIL

Mrs Lim Hwee Hua asked the Minister for Health if there exists sufficient recourse for doctors or measures to check any abuse of power by the Medical Council prior to the commencement of an inquiry process.

Mr Lim Hng Kiang: Presently, there are sufficient safeguards to enable doctors and complainants to challenge the decision of the Medical Council prior to the commencement of a formal inquiry.

The Medical Registration Act requires that all complaints lodged with the Medical Council concerning doctors' professional conduct and fitness to practise to be processed by a Complaints Committee of the Medical Council. The Committee comprises four members - two Council members, one other doctor and a lay person. It will obtain a written explanation from the doctor concerned and other relevant documents such as medical records.

After examining all the facts and evidence available, the Complaints Committee will either dismiss the complaint, issue a letter of advice or warning to the doctor concerned, or refer the complaint for a formal inquiry. The doctor and the complainant will be notified of the decision of the Complaints Committee.

For any decision made by a Complaints Committee that does not involve referring the complaint for a formal inquiry, such as issuing a letter of warning, the doctor and complainant can appeal to the Minister within 30 days from the date of the notice. When the Minister receives an appeal, he will review the proceedings of the Complaints Committee, after which, he could uphold or reverse the order made by the Complaints Committee, or make other orders as he deems fit.

For any complaint that is referred for formal inquiry by a Disciplinary Committee appointed by the Medical Council, if the doctor believes that the Complaints Committee has acted unfairly or unreasonably, he could apply for a judicial review. The proceedings and decision of the Complaints Committee would then be examined by the High Court.