PART 8 | Application of funds of Medical Council, etc. |
| 60.—(1) All fees, penalties and other moneys payable to the Medical Council under this Act that are not paid are recoverable as a debt due to the Medical Council. [Act 34 of 2020 wef 01/07/2022] | (2) Subject to subsection (2A), all fees and other moneys (other than penalties) collected or recovered by the Medical Council under this Act must be paid to the Medical Council. [Act 34 of 2020 wef 01/07/2022] |
| (2A) All penalties collected or recovered under this Act must be paid into the Consolidated Fund. [Act 34 of 2020 wef 01/07/2022] |
| (3) The costs and expenses of and incidental to the performance of the functions of the Medical Council, the Complaints Committees, the Disciplinary Tribunals, the Health Committee and any other committee appointed by the Medical Council under this Act must be paid by the Medical Council out of its funds. |
| (4) The Minister may pay into the funds of the Medical Council such sum of money out of moneys to be provided by Parliament as the Minister may determine. |
| (4A) The Medical Council may invest moneys belonging to its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [Act 34 of 2020 wef 01/07/2022] |
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60A.—(1) The Medical Council may, in writing, appoint a member or an employee of the Medical Council, a public officer or any other person as an investigator, subject to such conditions and limitations as the Medical Council may specify —| (a) | to investigate the commission of an offence under this Act; or | | (b) | to carry out an investigation under Part 7. |
(2) An investigator may, for the purposes of subsection (1) —| (a) | by order in writing require any person —| (i) | to furnish any information within that person’s knowledge; or [S 759/2022] | | (ii) | to produce any book, document, paper or other record, or any article or thing which may be in that person’s custody or possession and which may be related to or be connected with the subject matter of the investigation for inspection by the investigator and for making copies thereof, or to provide copies of such book, document, paper or other record, |
| and may, if necessary, further require such person to attend at a specified time and place for the purpose of complying with sub‑paragraph (i) or (ii); |
[S 759/2022] | | (b) | by order in writing require the attendance before the investigator of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation; | | (c) | examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted, and the statement made by that person must be read over to that person and must, after correction, be signed by that person; and | | (d) | without warrant enter, inspect and search during regular business hours any premises which are used or proposed to be used, or in respect of which there is reasonable cause to believe are being used by the registered medical practitioner who is under investigation to carry out the practice of medicine and may —| (i) | inspect and make copies of and take extracts from, or require the registered medical practitioner or the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out at the premises; | | (ii) | inspect any apparatus, appliance, equipment or instrument used or found on the premises; | | (iii) | inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises; | | (iv) | inspect, test, examine, take and remove any container, article or other thing that the investigator reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises; | | (v) | inspect any test or procedure performed or carried out on the premises; | | (vi) | take such photographs or video recording as the investigator thinks necessary to record the premises or part of the premises, including any apparatus, appliance, equipment, instrument, article, book, document or record found on the premises; and | | (vii) | seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the investigator reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1)(a) or (b). |
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(3) Any person who, without lawful excuse —| (a) | intentionally offers any resistance to or wilfully delays an investigator in the exercise of any power under subsection (2); or | | (b) | fails to comply with any requisition or order of an investigator under subsection (2), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
[Act 34 of 2020 wef 01/07/2022] |
| (4) In this section, “record” includes the medical record of any person. |
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| Proceedings conducted by officers of Medical Council |
61. Despite the provisions of any written law, a legal officer of the Medical Council who has been admitted as an advocate and solicitor under the Legal Profession Act 1966* may —| (a) | appear in any proceedings under this Act or any other civil proceedings involving the Medical Council in the performance of its functions or duties under any written law; and | | (b) | make and do all acts and applications in respect of any proceedings under this Act or any other civil proceedings, on behalf of the Medical Council. [Act 34 of 2020 wef 01/07/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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62. Any person who —| (a) | procures or attempts to procure registration or a certificate of registration as a medical practitioner or a practising certificate under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise; | | (b) | wilfully makes or causes to be made any false entry in any register maintained under this Act; | | (c) | forges or alters any certificate of registration as a medical practitioner or any practising certificate issued under this Act; | | (d) | fraudulently or dishonestly uses as genuine any certificate of registration as a medical practitioner or any practising certificate which the person knows or has reason to believe is forged or altered; or | | (e) | buys, sells or fraudulently obtains a certificate of registration as a medical practitioner or any practising certificate issued under this Act, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Medical practitioner not to practise during suspension from practice |
63.—(1) A registered medical practitioner whose registration in the appropriate register is suspended under Part 7 must not practise medicine or act as a medical practitioner during his suspension.| (2) Any registered medical practitioner who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| Medical practitioner to use only qualifications entered in register and approved title, etc. |
64.—(1) A registered medical practitioner must not —| (a) | use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by him for the practice of medicine any qualification other than the qualifications which are entered in any register kept under this Act or which has been approved by the Medical Council; or | | (b) | use any title, addition or designation other than the title, addition or designation which has been approved by the Medical Council. |
| (2) Any registered medical practitioner who contravenes subsection (1) may be subject to disciplinary proceedings under this Act. |
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| False assumption of title of specialist or family physician |
65.—(1) A registered medical practitioner who is not registered under section 22 as a specialist in a branch of medicine must not —| (a) | practise medicine or that branch of medicine under the style or title of a specialist in that branch of medicine, or under any name, title, addition or description implying that he is such a specialist or has any degree, qualification or experience in that branch of medicine; or | | (b) | advertise or hold himself out as a specialist in that branch of medicine. |
(1A) A registered medical practitioner who is not registered under section 22A as a family physician must not —| (a) | practise under any name, title, addition or description implying that he is registered under that section as a family physician or has any degree, qualification or experience that could make him eligible for such registration; or | | (b) | advertise or hold himself out as being registered as a family physician. |
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| (2) A registered medical practitioner who contravenes subsection (1) or (1A) may be subject to disciplinary proceedings under this Act. |
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65A.—(1) The following persons are each taken to be a public servant for the purposes of the Penal Code 1871* in relation to his performance of any function or duty under this Act:| (a) | the chairman of the Complaints Panel; | | (b) | the President of the Disciplinary Commission; | | (c) | any member of —| (i) | the Medical Council; | | (ii) | the Disciplinary Commission; | | (iii) | any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and | | (iv) | any other committee appointed by the Medical Council or the Disciplinary Commission under this Act; |
| | (d) | any employee of the Medical Council or the Disciplinary Commission, or any other person acting under the direction of the Medical Council or the Disciplinary Commission. [*Updated to be consistent with the 2020 Revised Edition] |
| (2) For the purposes of sections 193 and 228 of the Penal Code 1871*, “judicial proceeding” is taken to include any proceedings before an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee. [Act 34 of 2020 wef 01/07/2022] [*Updated to be consistent with the 2020 Revised Edition] |
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65B.—(1) The Minister may, after consultation with the Medical Council, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose.| (2) This section does not affect section 66. [Act 34 of 2020 wef 01/07/2022] |
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| Exemption for ships’ surgeons |
66. All ships’ surgeons while in discharge of their duties relating to the treatment of cabin crew and passengers on board are —| (a) | exempted from registration and from compliance with section 13 relating to practising certificate; and | | (b) | entitled to all the privileges of registered medical practitioners under this Act. [Act 34 of 2020 wef 01/07/2022] |
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66A.—(1) The Medical Council may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:| (a) | one‑half of the amount of the maximum fine that is prescribed for the offence; | | (b) | $5,000. |
| (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. |
| (3) The Medical Council may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. |
| (4) All sums collected under this section must be paid into the Consolidated Fund. [Act 34 of 2020 wef 01/07/2022] |
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| Duty of medical practitioner to inform Medical Council of medical practitioners who are unfit to practise |
| 67.—(1) A registered medical practitioner who treats or attends to another registered medical practitioner who is, in the opinion of the medical practitioner treating or attending to him, unfit to practise medicine by reason of his mental or physical condition must inform the Medical Council accordingly. [Act 34 of 2020 wef 01/07/2022] | (2) Any registered medical practitioner who fails to comply with subsection (1) may be subject to disciplinary proceedings under this Act. |
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| Protection from personal liability |
68. No liability shall lie against — | (a) | the chairman of the Complaints Panel; | | (b) | the President of the Disciplinary Commission; | | (c) | any member of —| (i) | the Medical Council; | | (ii) | the Disciplinary Commission; | | (iii) | any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and | | (iv) | any other committee appointed by the Medical Council or the Disciplinary Commission under this Act; or |
| | (d) | any employee of the Medical Council or the Disciplinary Commission, or any other person acting under the direction of the Medical Council or the Disciplinary Commission, |
| for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in the exercise or purported exercise of any power or the performance or purported performance of any function under this Act. |
[Act 34 of 2020 wef 01/07/2022] |
| Power to amend, vary, rescind, revoke or suspend condition or restriction |
| 68A. To avoid doubt, the power of the Medical Council to impose a condition or restriction under Parts 4, 5 and 5A includes, unless the contrary intention appears, the power to amend, vary, rescind, revoke or suspend such condition or restriction. |
68B.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —| (a) | by giving it to the individual personally; | | (b) | by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; | | (c) | by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; | | (d) | by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; | | (e) | by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or | | (f) | by sending it by email to the individual’s last email address. |
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(3) A document permitted or required under this Act to be served on a partnership (other than a limited liability partnership) may be served —| (a) | by giving it to any partner or other similar officer of the partnership; | | (b) | by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; | | (c) | by sending it by fax to the fax number used at the partnership’s business address; or | | (d) | by sending it by email to the partnership’s last email address. |
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(4) A document permitted or required under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —| (a) | by giving it to the secretary or other similar officer of the body corporate or unincorporated association or the limited liability partnership’s manager; | | (b) | by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; | | (c) | by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or | | (d) | by sending it by email to the last email address of the body corporate or unincorporated association. |
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(5) Service of a document under this section takes effect —| (a) | if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; | | (b) | if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and | | (c) | if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). |
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| (6) A document may be served on a person under this Act by email only with that person’s prior written consent. |
| (7) This section does not apply to documents to be served in proceedings in court. |
(8) In this section —“business address” means —| (a) | in the case of an individual, the individual’s usual or last known place of business in Singapore; or | | (b) | in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; |
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| “document” includes a direction, order or notice permitted or required by this Act to be served on a person; |
| “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; |
| “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 34 of 2020 wef 01/07/2022] |
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| 69. A Magistrate’s Court or a District Court has jurisdiction to hear and determine all offences under this Act and, despite anything to the contrary in the Criminal Procedure Code 2010, has power to impose the full penalty or punishment in respect of the offence. |
70.—(1) Subject to the provisions of this Act, the Medical Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act.(2) Without limiting subsection (1), the Medical Council may, with the approval of the Minister, make regulations —| (a) | prescribing the time, place and procedure for the election of members of the Medical Council; | | (b) | regulating the grant and renewal of practising certificates, including prescribing conditions for such grant and renewal, and the reinstatement of practising certificates cancelled under the Act; [Act 34 of 2020 wef 01/07/2022] | | (c) | regulating the registration of medical practitioners; | | (d) | prescribing the procedure of any committee appointed by the Medical Council under this Act and the conduct of any proceedings by such committee; | | (e) | enabling the Health Committee and an Interim Orders Committee to order discovery or inspection of documents for the purpose of any proceedings before them; [Act 34 of 2020 wef 01/07/2022] | | (ea) | prescribing that a registered medical practitioner in respect of whom an interim suspension order or an interim restriction order has been made is, if he so requires, entitled to be heard by the Interim Orders Committee on each occasion the Committee reviews the order, and may be represented by counsel at each review; [Act 34 of 2020 wef 01/07/2022] | | (eb) | prescribing the procedure for the withdrawal of charges by the Medical Council in any proceedings under Part 7; [Act 34 of 2020 wef 01/07/2022] | | (f) | regulating the professional practice, etiquette, conduct and discipline of registered medical practitioners, except in relation to the proceedings of a Disciplinary Tribunal; [Act 34 of 2020 wef 01/07/2022] | | (g) | prescribing the forms necessary for the administration of this Act; | | (h) | regulating the removal and restoration of names in any register kept under this Act; | | (i) | [Deleted by Act 34 of 2020 wef 01/07/2022] | | (j) | prescribing the fees including, in the case of a practising certificate under this Act, a late application fee for late applications and other charges for the purposes of this Act; | | (k) | prescribing the penalties for failure to comply with the provisions of this Act; and | | (l) | generally providing for such other matters as may be necessary or expedient for carrying out the provisions of this Act. |
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| (3) Regulations made under this Act may make different provisions for different classes of persons and different circumstances. |
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| Rules relating to Disciplinary Commission and Disciplinary Tribunals |
70A. The Minister may make rules —| (a) | to provide for matters relating to the Disciplinary Commission; and | | (b) | to regulate the practice and procedure of Disciplinary Tribunals, including enabling Disciplinary Tribunals to order discovery or inspection of documents for the purpose of any proceedings before them. [Act 34 of 2020 wef 01/07/2022] |
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| 71.—(1) The Minister may, after consultation with the Medical Council, by order amend the First or Second Schedule. [Act 34 of 2020 wef 01/07/2022] | (2) The Minister may, in any order made under subsection (1), make such saving or transitional provision as may be necessary or expedient. [Act 34 of 2020 wef 01/07/2022] |
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