7. Part 7 of the principal Act is repealed and the following Part substituted therefor:“PART 7 | DISCIPLINARY PROCEEDINGS AND INQUIRIES |
| Division 1 — Voluntary removal, suspension, etc. |
| Voluntary removal, suspension, etc. |
38.—(1) A registered medical practitioner may request the Medical Council to take one or more of the actions in subsection (2) if the registered medical practitioner believes that —| (a) | his fitness to practise medicine is impaired by reason of his physical or mental condition; or | | (b) | the quality of the professional services provided by him does not meet the standard which is reasonable to expect of a medical practitioner. |
(2) Upon receiving a request under subsection (1), the Medical Council may, with the agreement of the registered medical practitioner, do one or more of the following:| (a) | remove the registered medical practitioner’s name from the appropriate register; | | (b) | suspend the registration of the registered medical practitioner in the appropriate register for a period not exceeding 3 years; | | (c) | where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove the registered medical practitioner’s name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; | | (d) | where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24; | | (e) | suspend or cancel the registered medical practitioner’s practising certificate. |
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(3) However, the Medical Council must not take any action under subsection (2) in relation to a registered medical practitioner if —| (a) | the Medical Council believes that there is evidence of any matter mentioned in section 40(3)(a) or (4)(a), (b) or (c); or | | (b) | an inquiry under Division 2 has started and is pending against the registered medical practitioner. |
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| (4) Subsections (2) and (3) also apply where the Medical Council has given a notification to the registered medical practitioner under section 40(6)(b), except that if the Medical Council and the registered medical practitioner are unable to agree on the course of action to be taken under subsection (2)(a) to (e), the Medical Council must proceed to refer the matter to the chairman of the Complaints Panel under section 40(6)(a). |
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Division 2 — Inquiries into complaints against and
information about registered medical practitioners |
| Appointment of Complaints Panel |
39.—(1) For the purpose of enabling Inquiry Committees, Complaints Committees, Review Committees, Disciplinary Tribunals and Interim Orders Committees to be constituted in accordance with this Part, the Medical Council must appoint a panel (called in this Act the Complaints Panel) consisting of —| (a) | at least 10 members of the Medical Council; | | (b) | at least 10 registered medical practitioners each of whom is of at least 8 years’ standing and is not a member of the Medical Council; and | | (c) | at least 6 other persons nominated by the Minister, each of whom is either —| (i) | a legal professional; or | | (ii) | a lay person. |
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| (2) The term of office of a member of the Complaints Panel mentioned in subsection (1)(a) expires at the end of the member’s term of office as a member of the Medical Council. |
| (3) A member of the Complaints Panel mentioned in subsection (1)(b) or (c)(i) or (ii) is appointed for a term of 3 years and is eligible for re‑appointment. |
| (4) The Medical Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership. |
| (5) The Medical Council must appoint, from among the members of the Complaints Panel who are members of the Medical Council, the chairman and the deputy chairman of the Complaints Panel. |
| (6) The chairman and deputy chairman appointed under subsection (5) must be registered medical practitioners. |
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| Complaints against registered medical practitioners, etc. |
40.—(1) A person (called in this Part the complainant) may make a complaint against, or provide information about, any registered medical practitioner to the Medical Council on any matter mentioned in subsection (3) or (4).(2) Every complaint against, or information about, any registered medical practitioner mentioned in subsection (1) must —| (a) | be in writing; | | (b) | be supported by a statutory declaration unless the complaint or information is made or provided by a public officer or the Medical Council; and | | (c) | be accompanied by every relevant document and information that is in the possession of the complainant. |
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(3) The complaint mentioned in subsection (1) is a complaint —| (a) | relating to —| (i) | the conduct of a registered medical practitioner in his professional capacity; or | | (ii) | a registered medical practitioner’s improper act or conduct which brings disrepute to his profession; or |
| | (b) | that the professional services provided by a registered medical practitioner are not of the quality that is reasonable to expect of him. |
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(4) The information mentioned in subsection (1) is information relating to —| (a) | the conviction (whether in Singapore or elsewhere) of a registered medical practitioner of an offence implying a defect in character that makes him unfit to practise medicine; | | (b) | the death of any patient resulting from the conduct of a registered medical practitioner in his professional capacity; | | (c) | an adverse finding against a registered medical practitioner by a Coroner at an inquiry under the Coroners Act (Cap. 63A) into the death of a patient of the registered medical practitioner; or | | (d) | the physical or mental fitness of a registered medical practitioner to practise medicine. |
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| (5) Subject to sections 41 and 42, the Medical Council must within 2 weeks after receipt of a complaint or any information under subsection (1) that is made in accordance with subsection (2), other than a complaint or information touching on the matters mentioned in section 32, refer the complaint or information (as the case may be) to the chairman of the Complaints Panel for the appointment of an Inquiry Committee. |
(6) Subject to sections 41 and 42, the Medical Council may, on its own motion —| (a) | if the Medical Council believes that there is evidence of any matter mentioned in subsection (3) or (4) — make a complaint or refer any information about the registered medical practitioner to the chairman of the Complaints Panel for the appointment of a Complaints Committee; or | | (b) | if the Medical Council believes that there is evidence of any matter mentioned in subsection (3)(b) or (4)(d) — instead of proceeding under paragraph (a), notify the registered medical practitioner of the evidence and, with the written agreement of the registered medical practitioner, proceed under section 38(2)(a) to (e). |
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(7) Despite subsections (5) and (6), the Medical Council may immediately refer a complaint or any information directly to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal where it relates to any of the following:| (a) | any matter mentioned in subsection (4)(a), (b) or (c); | | (b) | any other matter that, in the opinion of the Medical Council, involves a serious threat to the health and safety of any patient. |
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(8) Where any complaint or information about a registered medical practitioner is referred to the chairman of the Complaints Panel under subsection (5) or (6) or to the President of the Disciplinary Commission under subsection (7), the Medical Council must —| (a) | inform the registered medical practitioner that it has done so; and | | (b) | provide the registered medical practitioner with a copy of —| (i) | the complaint or information; and | | (ii) | any statutory declaration that has been made in support of the complaint or information, |
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| unless the Medical Council is of the view that, based on the facts and evidence before it, there are compelling reasons not to do so. |
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(9) Where any information mentioned in subsection (4)(d) is referred by the Medical Council to the chairman of the Complaints Panel, the chairman of the Complaints Panel must within 2 weeks after the referral —| (a) | if the chairman is satisfied, based on any evidence given in support of the information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered medical practitioner to practise medicine — refer the information to a Health Committee; or | | (b) | in any other case — | (i) | proceed in accordance with Division 3 where the referral is made under subsection (5); or | | (ii) | proceed in accordance with Division 4 where the referral is made under subsection (6)(a) or section 42(3)(b). |
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| Limitation period for complaints, etc. |
41.—(1) The Medical Council must not refer a complaint or information to the chairman of the Complaints Panel under section 40(5) if the complaint is first made or the information is first provided to the Medical Council after the expiration of the period of —| (a) | 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or | | (b) | 6 years after the earliest date on which the complainant had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph (a). |
(2) The Medical Council must not make a complaint or refer any information to the chairman of the Complaints Panel under section 40(6)(a) after the expiration of the period of —| (a) | 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or | | (b) | 6 years after the earliest date on which the Medical Council had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph (a). |
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(3) Where the Medical Council refers any complaint or any information to the President of the Disciplinary Commission under section 40(7) for the appointment of a Disciplinary Tribunal after the expiration of the period of —| (a) | 6 years after the date of the act, conduct or occurrence that is the subject matter of the complaint or information; or | | (b) | 6 years after the earliest date on which the Council had knowledge of the act, conduct or occurrence, or could with reasonable diligence have discovered it, if that period expires later than the period mentioned in paragraph (a), |
| the President of the Disciplinary Commission must not appoint a Disciplinary Tribunal for the matter unless he is of the opinion that it is in the public interest to do so. |
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(4) In this section, “knowledge” includes the knowledge that a person may reasonably have been expected to acquire —| (a) | from facts observable or ascertainable by the person; or | | (b) | from facts ascertainable by the person with the help of appropriate expert advice which it is reasonable for the person to seek. |
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| Complaints made, etc., after expiration of limitation period |
42.—(1) Where any complaint or information is made or provided to the Medical Council under section 40(1) after the expiration of the period mentioned in section 41(1), the Medical Council must, within 2 weeks after receipt of the complaint or information, refer the complaint or information to the President of the Disciplinary Commission for an assessment mentioned in subsection (3)(a).| (2) The Medical Council must as soon as possible refer any complaint or information mentioned in section 40(6)(a) in respect of which the period mentioned in section 41(2) has expired to the President of the Disciplinary Commission for an assessment mentioned in subsection (3)(a). |
(3) Where the Medical Council refers any complaint or information to the President of the Disciplinary Commission for an assessment under subsection (1) or (2) — | (a) | the President of the Disciplinary Commission must, within 3 weeks after the referral, assess whether it is in the public interest to refer the complaint or information to the chairman of the Complaints Panel despite the expiration of the period mentioned in section 41(1) or (2); and | | (b) | where the President of the Disciplinary Commission notifies the Medical Council that he is of the opinion that it is in the public interest to refer the complaint or information to the chairman of the Complaints Panel, the Medical Council must, despite section 41(1) or (2) (as the case may be) and within 2 weeks after receipt of the notice, refer the complaint or information or make the complaint (as the case may be) to the chairman of the Complaints Panel. |
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| Division 3 — Inquiry Committees |
| Inquiry by Inquiry Committee |
43.—(1) Where any complaint or information is referred to the chairman of the Complaints Panel under section 40(5) (other than information mentioned in section 40(4)(d) where section 40(9)(a) or (b)(ii) applies), the chairman of the Complaints Panel must, within 2 weeks after the referral —| (a) | appoint an Inquiry Committee consisting of —| (i) | a chairman, being a member of the Complaints Panel who is a registered medical practitioner; and | | (ii) | one other member of the Complaints Panel who is a registered medical practitioner, |
| to inquire into the complaint or information; and |
| | (b) | refer the complaint or information to the Inquiry Committee. |
| (2) An Inquiry Committee may, in the course of an inquiry under subsection (1), require the complainant, registered medical practitioner concerned or any other person to answer any question or provide any information or document that the Inquiry Committee considers relevant for the purpose of the inquiry. |
(3) An Inquiry Committee must complete its inquiry under subsection (1) within 3 weeks after the date that the complaint or information is referred to the Inquiry Committee and —| (a) | if the Committee is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance — dismiss the complaint or information and give reasons for the dismissal; | | (b) | if the Committee is unanimously of the opinion that the complaint or information is not frivolous, vexatious, misconceived or lacking in substance and —| (i) | is unanimously of the opinion that no investigation is necessary — issue a letter of advice to the registered medical practitioner; or | | (ii) | is unanimously of the opinion that an investigation is necessary — refer the matter to the chairman of the Complaints Panel to appoint a Complaints Committee to inquire into the matter, and direct one or more investigators to investigate the matter; or |
| | (c) | in any other case — refer the matter to the chairman of the Complaints Panel to appoint a Complaints Committee to inquire into the matter, and direct one or more investigators to investigate the matter. |
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| (4) The chairman of the Complaints Panel may, upon a written request by an Inquiry Committee, grant to the Inquiry Committee one (but not more than one) extension of the period mentioned in subsection (3) if the chairman is satisfied that the circumstances of the case justify the grant of the extension, except that the extension must not extend beyond the period of 6 weeks after the date that the complaint or information is referred to the Inquiry Committee. |
| (5) A decision of an Inquiry Committee under subsection (3) is final. |
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| Division 4 — Complaints Committees |
| Appointment of Complaints Committees |
44. Where any complaint or information is referred to the chairman of the Complaints Panel under section 40(6)(a), 42(3)(b) or 43(3)(b)(ii) or (c), the chairman of the Complaints Panel must, within 2 weeks after the referral —| (a) | appoint a Complaints Committee consisting of —| (i) | a chairman, being the deputy chairman of the Complaints Panel or a member of the Complaints Panel who is a registered medical practitioner; and | | (ii) | 2 other members of the Complaints Panel, one of whom is a registered medical practitioner and the other is a legal professional or lay person, |
| to inquire into the complaint or information; and |
| | (b) | refer the complaint or information to the Complaints Committee. |
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| Inquiry by Complaints Committee |
45.—(1) A Complaints Committee must complete its inquiry not later than 3 months after the date that the complaint or information is referred to the Complaints Committee.| (2) Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period mentioned in subsection (1), the Complaints Committee may apply in writing to the chairman of the Complaints Panel for an extension of time to complete its inquiry. |
| (3) The chairman of the Complaints Panel may, upon a written request by a Complaints Committee, grant to the Complaints Committee one (but not more than one) extension of the period mentioned in subsection (1) if the chairman is satisfied that the circumstances of the case justify the grant of the extension, except that the extension must not extend beyond the period of 6 months after the date that the complaint or information is referred to the Complaints Committee. |
| (4) The Medical Council may, upon a written request by a Complaints Committee, apply to the High Court in accordance with section 59U for a further extension of time that extends beyond the period mentioned in subsection (3) for the Complaints Committee to complete its inquiry. |
(5) For the purposes of conducting an inquiry, a Complaints Committee may —| (a) | require the production for inspection by the Complaints Committee of any book, document or paper which may relate to or be connected with the subject matter of the inquiry; and | | (b) | require the complainant, registered medical practitioner concerned and any other person to give any information or evidence which may relate to or be connected with the subject matter of the inquiry (including any information in relation to any book, document or paper mentioned in paragraph (a)) —| (i) | at an attendance before the Complaints Committee; | | (ii) | in writing; or | | (iii) | by way of a statutory declaration or an affidavit. |
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| (6) Any person who, without lawful excuse, refuses or fails to comply with any requirement of a Complaints Committee under subsection (5)(a) or (b) 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. |
(7) For the purposes of any inquiry, a Complaints Committee may —| (a) | where an Inquiry Committee has directed an investigation under section 43(3)(b)(ii) or (c) — refer to and rely on the report arising from that investigation; or | | (b) | in any other case — direct one or more investigators to investigate the complaint or information to which the inquiry relates. |
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| Findings of Complaints Committee |
46.—(1) After considering any investigation report mentioned in section 51 and any report by a Performance Assessment Panel mentioned in section 52 or Fitness Assessment Panel mentioned in section 53, and upon due inquiry into the complaint or information, a Complaints Committee may, if it is of the view that a formal inquiry by a Disciplinary Tribunal or Health Committee is not necessary, take one or more of the following actions: | (a) | issue a letter of advice to the registered medical practitioner; | | (b) | issue a letter of warning to the registered medical practitioner; | | (c) | direct the registered medical practitioner to seek and undergo medical or psychiatric treatment or counselling; | | (d) | direct the registered medical practitioner to undertake and complete specified further education or training within a specified period; | | (e) | direct the registered medical practitioner to report, at such times, in such manner and to such person or persons as the Complaints Committee may specify, on the status of —| (i) | the registered medical practitioner’s physical or mental condition; or | | (ii) | the registered medical practitioner’s medical practice; |
| | (f) | direct the registered medical practitioner to seek and take advice, from such person or persons as the Complaints Committee may specify, on or in relation to the management of his medical practice; | | (g) | with the agreement of the registered medical practitioner, request the Medical Council to do one or more of the following: | (i) | remove the registered medical practitioner’s name from the appropriate register; | | (ii) | suspend the registration of the registered medical practitioner from the appropriate register for a period not exceeding 3 years; | | (iii) | where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove his name from Part I of that Register and register him as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; | | (iv) | where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be; | | (v) | suspend or cancel the registered medical practitioner’s practising certificate; |
| | (h) | dismiss the complaint or information; | | (i) | give such other direction as the Complaints Committee thinks fit. |
(2) Where a Complaints Committee, based on the facts and evidence before it, determines that cause of sufficient gravity for a formal inquiry exists —| (a) | where the complaint or information touches on the physical or mental fitness of the registered medical practitioner to practise medicine — | (i) | the Complaints Committee may, with the agreement of the registered medical practitioner, request the Medical Council to take one or more of the actions in subsection (3); or | | (ii) | in any other case — the Complaints Committee must direct the Medical Council to appoint a Health Committee to hold a formal inquiry; or |
| | (b) | in any other case — the Complaints Committee must recommend to the Medical Council that a formal inquiry be held by a Disciplinary Tribunal. |
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(3) Upon receiving a request under subsection (2)(a)(i), the Medical Council may do one or more of the following:| (a) | remove the name of the registered medical practitioner from the appropriate register; | | (b) | suspend the registration of the registered medical practitioner in the appropriate register for such period not exceeding 3 years; | | (c) | where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — remove his name from Part I of the Register of Medical Practitioners and register him as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; | | (d) | where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be. |
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| (4) Where the registered medical practitioner concerned fails to comply with a direction of a Complaints Committee under subsection (1)(c), (d), (e), (f) or (i), a Complaints Committee (whether it is the Complaints Committee that gave the direction or another Complaints Committee appointed in its place) may, if it thinks fit, recommend that a formal inquiry be held by a Disciplinary Tribunal or direct that a formal inquiry be held by a Health Committee (as the case may be) in respect of the complaint or information. |
| (5) Where a Complaints Committee makes a direction under subsection (2)(a)(ii) or (4) that a formal inquiry be held by a Health Committee, the Medical Council must, within one month after receipt of the Complaint Committee’s direction, refer the complaint or information to a Health Committee. |
(6) Where a Complaints Committee makes a recommendation under subsection (2)(b) or (4) that a formal inquiry be held by a Disciplinary Tribunal —| (a) | the Complaints Committee must give reasons for its recommendation and also recommend to the Medical Council the charge or charges to be preferred against the registered medical practitioner; and | | (b) | the Medical Council must, within one month after receipt of the Complaints Committee’s recommendation, determine whether it is appropriate for a formal inquiry to be held by a Disciplinary Tribunal. |
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(7) If the Medical Council determines under subsection (6)(b) that it is not appropriate for a formal inquiry to be held by a Disciplinary Tribunal, the Medical Council must notify the complainant and registered medical practitioner of its decision and the reasons for such determination, and may take one or more of the following actions:| (a) | any action mentioned in subsection (1)(a) to (f) or (h); | | (b) | with the agreement of the registered medical practitioner, take one or more of the actions specified in subsection (1)(g)(i) to (v); | | (c) | give such other direction as the Medical Council thinks fit. |
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| (8) If the Medical Council determines under subsection (6)(b) that it is appropriate for a formal inquiry to be held by a Disciplinary Tribunal, the Medical Council must refer the complaint or information to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal. |
| (9) A decision of the Complaints Committee under subsection (2)(a)(ii) or (b) or (4), or of the Medical Council under subsection (6)(b), is final. |
| (10) A letter of advice mentioned in subsection (1)(a) that is to be issued by a Complaints Committee under that subsection or the Medical Council under subsection (7) may be issued by the chairman of the Complaints Committee or the President of the Medical Council (as the case may be) on such terms as the Complaints Committee or the Medical Council (as the case may be) thinks fit. |
| (11) Where, in the course of an inquiry, a Complaints Committee receives any information touching on, or evidence of, the conduct of the registered medical practitioner concerned which discloses an offence under any written law, the Complaints Committee must report it to the Medical Council. |
| (12) A Complaints Committee must notify the registered medical practitioner concerned and the complainant of its decision under subsection (1), or under subsection (2)(a)(ii) or (4) to refer the complaint or information to a Health Committee, and give the reason for the Complaints Committee’s decision. |
| (13) Every Complaints Committee must immediately report to the Medical Council its findings, and every decision made under this section. |
| (14) A Complaints Committee completes its inquiry upon the submission of the report mentioned in subsection (13). |
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| Division 5 — Mediation and withdrawal, etc. |
47.—(1) An Inquiry Committee or a Complaints Committee may, at any time after any complaint or information (called in this Division the matter) is referred to it but before the completion of its inquiry under section 43(3) or 46(14) (as the case may be), refer the matter for mediation between the registered medical practitioner and the complainant, before a mediator specified by the Inquiry Committee or Complaints Committee.(2) Where the Inquiry Committee or Complaints Committee (as the case may be) is informed by both the registered medical practitioner and the complainant that they have agreed to participate in mediation in relation to the matter (whether or not the mediation has been referred to mediation by an Inquiry Committee or a Complaints Committee under subsection (1)) —| (a) | subject to subsection (3), the Inquiry Committee or Complaints Committee (as the case may be) may direct that the inquiry be suspended for the period or suspended subject to the conditions, specified by the Inquiry Committee or Complaints Committee, as the case may be; and | | (b) | the mediator must —| (i) | report to the Inquiry Committee or Complaints Committee (as the case may be) on the status of the mediation, at every interval specified by the Inquiry Committee or Complaints Committee, as the case may be; and | | (ii) | as soon as practicable after the termination of the mediation, inform the Inquiry Committee or Complaints Committee (as the case may be) of the termination and outcome of the mediation. |
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| (3) Where a mediation is terminated and the matter is not withdrawn, the Inquiry Committee or Complaints Committee (as the case may be) must complete its inquiry within the balance of the period mentioned in section 43(3) or 45(1) (as the case may be) or the extended period granted under section 43(4), 45(3) or 59U(1) (as the case may be) following the termination. |
| (4) Despite subsection (3) and sections 43(3) and 45(1), if the balance of the period mentioned in subsection (3) is less than 7 days, the period during which the Inquiry Committee or Complaints Committee (as the case may be) must complete its inquiry is extended until and including the 7th day after the termination of the mediation. |
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48.—(1) If a complainant withdraws the matter at any time — | (a) | before an Inquiry Committee is appointed to inquire into the matter; | | (b) | after an Inquiry Committee is appointed but before the Inquiry Committee takes any action under section 43(3); | | (c) | before a Complaints Committee is appointed to inquire into the matter; or | | (d) | after a Complaints Committee is appointed but before the Complaints Committee takes any action under section 46(1) or (2), |
| the Medical Council may, despite the withdrawal, give directions to — |
| (e) | in the case mentioned in paragraph (a) or (c) — the chairman of the Complaints Panel; | | (f) | in the case mentioned in paragraph (b) — the Inquiry Committee; or | | (g) | in the case mentioned in paragraph (d) — the Complaints Committee, |
| for the continuation of the inquiry as if the matter were not withdrawn. |
| (2) Where the Medical Council gives directions under subsection (1) to the chairman of the Complaints Panel, an Inquiry Committee or a Complaints Committee, the chairman, the Inquiry Committee and the Complaints Committee (as the case may be) must comply with the direction as if the matter had been a complaint made by the Medical Council. |
(3) The Medical Council may do any of the following in relation to a matter despite the withdrawal of the matter by the complainant: | (a) | refer the matter to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal under section 40(7); | | (b) | refer the matter to a Health Committee under section 46(5); | | (c) | proceed under section 46(6)(b) and section 46(7) or (8). |
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| (4) If a complainant withdraws the matter before the conclusion of the inquiry into the matter by a Disciplinary Tribunal or a Health Committee, the Medical Council may inform the Disciplinary Tribunal or Health Committee (as the case may be) to continue the inquiry despite the withdrawal, and all the future proceedings arising or following from the direction are to be taken as if the matter had been a complaint made by the Medical Council. |
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| Inquiry Committee or Complaints Committee may make costs orders |
49.—(1) Where an Inquiry Committee makes a decision under section 43(3)(a) or a Complaints Committee is of the opinion that the matter is frivolous, vexatious, misconceived or lacking in substance and dismisses the matter under section 46(1)(h), the Inquiry Committee or Complaints Committee (as the case may be) may, after hearing the complainant (if the complainant desires to be heard) —| (a) | order that the costs of the matter be paid by the complainant; and | | (b) | in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar of the Supreme Court. |
| (2) An Inquiry Committee or a Complaints Committee in exercising its discretion as to costs may take into account the parties’ conduct in relation to any attempt at resolving the matter by mediation or any other means of dispute resolution. |
| (3) The High Court has jurisdiction to tax any costs mentioned in subsection (1) and any order for costs made by the High Court is enforceable as if it were ordered in connection with a civil action in the High Court. |
| (4) Any person who is aggrieved by an order under subsection (1) may, within 14 days after being notified of the order, appeal to the High Court. |
| (5) An appeal under subsection (4) may be made by originating summons. |
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| Division 6 — Investigations and assessments |
| Conduct of investigation by investigator |
50.—(1) Where —| (a) | an Inquiry Committee, a Complaints Committee or a Disciplinary Tribunal (called in this section the instructing committee) directs an investigation under section 43(3)(b)(ii) or (c), 45(7)(b) or 59A(9), as the case may be; and | | (b) | the instructing committee is of the opinion that the registered medical practitioner should be called upon to answer any allegation made against him, |
| the instructing committee must give the registered medical practitioner written notice of the investigation and invite the registered medical practitioner to give to the investigator, within the period (not exceeding 21 days after the date of the notice), any written explanation he may wish to offer, containing all relevant information and accompanied by every relevant document that is in the possession of the registered medical practitioner. |
| (2) The registered medical practitioner may, at any time before the expiration of the period specified for the submission of the written explanation, make not more than one application to the instructing committee for an extension of the period, and the extension must not exceed 21 days. |
(3) In the course of an investigation mentioned in subsection (1), a relevant Complaints Committee may authorise in writing the investigator to do one or both of the following: | (a) | in the case of a complaint mentioned in section 40(3)(b) — obtain the consent of the registered medical practitioner to undergo a performance assessment in accordance with section 52; | | (b) | in the case of any information mentioned in section 40(4)(d) — obtain the consent of the registered medical practitioner to undergo a fitness assessment in accordance with section 53. |
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| (4) Where an investigator requests the consent of the registered medical practitioner under subsection (3), the registered medical practitioner must respond within such time as the investigator may specify in the request. |
(5) If the registered medical practitioner —| (a) | declines to undergo a performance assessment or fitness assessment requested under subsection (3); | | (b) | having consented to undergo a performance assessment or fitness assessment, subsequently fails to participate in the assessment or refuses to cooperate with any assessor carrying out the assessment; or | | (c) | does not respond to the investigator’s request within the time mentioned in subsection (4), |
| the investigator must make a report to the relevant Complaints Committee under section 51, and the relevant Complaints Committee may proceed with the inquiry and take such action as it thinks fit under section 46. |
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| (6) Where, in the course of an investigation mentioned in subsection (1), an investigator receives any information that relates to the registered medical practitioner who is the subject of the investigation and that is not related to the subject matter of the investigation but may give rise to proceedings under this Part, the investigator must make a report to the Medical Council. |
| (7) Where, in the course of an investigation mentioned in subsection (1), an investigator receives any information relating to another registered medical practitioner which may give rise to proceedings under this Part, the investigator must make a report to the Medical Council. |
(8) In this section and sections 52 and 53, “relevant Complaints Committee” means —| (a) | the Complaints Committee appointed to inquire into any complaint or information that is the subject of the investigation; or | | (b) | the Complaints Committee which has directed the investigation under section 45(7)(b), |
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| Investigation report and information obtained in course of investigation or inquiry |
51.—(1) Upon completing an investigation into any complaint or information, the investigator must submit a report on the findings of the investigation to —| (a) | in the case of an investigation directed by an Inquiry Committee under section 43(3)(b)(ii) or (c) — the Complaints Committee that is appointed to inquire into the complaint or information, or if no Complaints Committee has been appointed, the chairman of the Complaints Panel; | | (b) | in the case of an investigation directed by a Complaints Committee under section 45(7)(b) — the Complaints Committee; or | | (c) | in the case of an investigation directed by a Disciplinary Tribunal under section 59A(9) — the Disciplinary Tribunal. |
| (2) The report of the investigator (called in this Part an investigation report) must contain any written explanation given by the registered medical practitioner under section 50(1). |
(3) A person must not disclose the contents of any investigation report or any information contained in any document which was obtained in the course of any investigation or inquiry commenced under this Part to any other person, including the registered medical practitioner concerned, except —| (a) | where the chairman of the Complaints Panel, Complaints Committee or Disciplinary Tribunal (as the case may be) to which the investigation report is submitted considers that there are compelling reasons to do so; or | | (b) | where such disclosure is required for the purpose of administering or enforcing this Act or the Infectious Diseases Act (Cap. 137). |
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52.—(1) If a registered medical practitioner consents to undergo a performance assessment under section 50(3)(a), the quality of professional services provided by the registered medical practitioner must be assessed by a Performance Assessment Panel appointed by the relevant Complaints Committee and comprising one or more suitably qualified persons determined by the relevant Complaints Committee.(2) A Performance Assessment Panel is to carry out the performance assessment in accordance with —| (a) | the provisions of this Division; | | (b) | any practice and procedure determined by the Medical Council for performance assessments; and | | (c) | any instructions issued by the relevant Complaints Committee for the performance assessment. |
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(3) The registered medical practitioner under assessment must, if required by a Performance Assessment Panel —| (a) | within such time and at such place as the Panel may reasonably require, produce to the Panel or give the Panel access to any record or document —| (i) | specified by the Panel or of a class or description so specified; | | (ii) | which is in the possession or under the control of the registered medical practitioner; and | | (iii) | which the Panel reasonably believes is or may be relevant to the performance assessment; |
| | (b) | give the Panel such explanation or further particulars in respect of anything produced in compliance with a requirement under paragraph (a) as the Panel may specify; and | | (c) | give the Panel all assistance in connection with the performance assessment which the registered medical practitioner is reasonably able to give. |
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| (4) Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the Performance Assessment Panel may require the registered medical practitioner to produce to the Panel a reproduction of such information or matter, or the relevant part of the information or matter, in a legible form. |
| (5) A Performance Assessment Panel may inspect, examine or make copies of or take any abstract of or extract from any record or document produced under subsection (3) or (4). |
| (6) A Performance Assessment Panel must submit a report of its assessment to the relevant Complaints Committee and, with the approval of the relevant Complaints Committee, the registered medical practitioner. |
| (7) The relevant Complaints Committee, or the investigator with the approval of the relevant Complaints Committee, may discuss with the registered medical practitioner under assessment the report mentioned in subsection (6) and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. |
(8) If, at any time before the report mentioned in subsection (6) is submitted to the relevant Complaints Committee —| (a) | the relevant Complaints Committee instructs the discontinuation of the performance assessment; or | | (b) | the relevant Complaints Committee completes its inquiry, |
| the performance assessment is discontinued from the date paragraph (a) or (b) occurs, whichever is earlier. |
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53.—(1) If a registered medical practitioner consents to undergo a fitness assessment under section 50(3)(b), the registered medical practitioner’s fitness to practise medicine by reason of his physical or mental condition must be assessed by a Fitness Assessment Panel appointed by the relevant Complaints Committee and comprising one or more suitably qualified persons determined by the relevant Complaints Committee.(2) A Fitness Assessment Panel must carry out the fitness assessment in accordance with —| (a) | the provisions of this Division; | | (b) | any practice and procedure determined by the Medical Council for fitness assessments; and | | (c) | any instructions issued by the relevant Complaints Committee for the fitness assessment. |
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| (3) A Fitness Assessment Panel must submit a report of its assessment to the relevant Complaints Committee and, with the approval of the relevant Complaints Committee, provide a copy of the report to the registered medical practitioner. |
| (4) The relevant Complaints Committee, or the investigator with the approval of the relevant Complaints Committee, may discuss with the registered medical practitioner under assessment the report mentioned in subsection (3) and, in the case of an adverse finding in the report, the possible ways of dealing with that finding. |
(5) If, at any time before the report mentioned in subsection (3) is submitted to the relevant Complaints Committee —| (a) | the relevant Complaints Committee instructs the discontinuation of the fitness assessment; or | | (b) | the relevant Complaints Committee completes its inquiry, |
| the fitness assessment is discontinued from the date paragraph (a) or (b) occurs, whichever is earlier. |
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| Division 7 — Review by Review Committee |
54.—(1) A registered medical practitioner who is aggrieved by any direction or decision of a Complaints Committee under section 46(1) may, within 14 days after being notified under section 46(12), request for a review by a Review Committee whose decision is final.| (2) If the complainant is dissatisfied with any direction or decision of a Complaints Committee under section 46(1), he may, within 14 days after being notified under section 46(12), request for a review by a Review Committee whose decision is final. |
| (3) Where a complaint is made or any matter or information is referred by the Medical Council under section 40(6)(a) and the Medical Council is dissatisfied with any direction or decision of a Complaints Committee under section 46(1), the Medical Council may within 14 days after receipt of the report under section 46(13), request for a review by a Review Committee whose decision is final. |
| (4) A request for a review under this section must be made to the chairman of the Complaints Panel. |
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| Appointment of Review Committee |
55.—(1) The chairman of the Complaints Panel must, within 3 weeks after receipt of a request for review under section 54, appoint from among the members of the Complaints Panel, a Review Committee consisting of —| (a) | one registered medical practitioner of at least 10 years’ standing; | | (b) | one legal professional; and | | (c) | one lay person. |
| (2) The chairman of a Review Committee is a member of that Committee so appointed by the chairman of the Complaints Panel. |
(3) A member of —| (a) | an Inquiry Committee; or | | (b) | a Complaints Committee, |
| is disqualified from acting as a member of a Review Committee reviewing and determining the same matter as the Inquiry Committee or Complaints Committee. |
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| Review by Review Committee |
56.—(1) A Review Committee must, within 3 months after the date of its appointment, complete its review and report its determination to the Medical Council.| (2) The chairman of the Complaints Panel may, upon a written request by a Review Committee, grant to the Review Committee one (but not more than one) extension of the period mentioned in subsection (1) if the chairman is satisfied that the circumstances of the case justify the grant of the extension, except that the extension must not extend beyond the period of 6 months after the date of the appointment of the Review Committee. |
| (3) The Medical Council may, upon a written request by a Review Committee, apply to the High Court in accordance with section 59U for a further extension of time that extends beyond the period mentioned in subsection (2) for the Review Committee to report its determination to the Medical Council. |
(4) A Review Committee may, at the conclusion of its review, only make one or both of the following orders:| (a) | an order that the Complaints Committee has complied with all the procedural requirements under this Act and any regulations governing an inquiry by a Complaints Committee; | | (b) | an order directing the Complaints Committee to conduct a further inquiry into or rehear the complaint or matter, where the Review Committee is satisfied that —| (i) | the Complaints Committee has not complied with any of those requirements; or | | (ii) | any new evidence submitted to the Review Committee is material to the complaint or matter. |
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| (5) Where a Review Committee makes an order under subsection (4)(b), the Review Committee must give a further direction to the Complaints Committee to complete the further inquiry or rehearing within such period (not exceeding 3 months after the date of the order) as may be specified by the Review Committee. |
(6) Section 45(3), (4), (5), (6) and (7) applies to, or in relation to, a Complaints Committee that is given an order under subsection (4)(b) to conduct a further inquiry into or rehear the complaint or matter as if the Complaints Committee were conducting a new inquiry, and —| (a) | for the purposes of section 45(3), the date of the Review Committee’s order under subsection (4)(b) is the date that the complaint or information is referred to the Complaints Committee; and | | (b) | for the purposes of section 45(7), the Complaints Committee may direct an investigation even if a previous investigation was directed by an Inquiry Committee under section 43(3)(b)(ii) or (c) prior to the order under subsection (4)(b). |
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| Division 8 — Disciplinary Commission and Disciplinary Tribunals |
57.—(1) The Minister may appoint a Disciplinary Commission consisting of —| (a) | the President of the Disciplinary Commission who must be a registered medical practitioner of at least 20 years’ standing; | | (b) | such number of registered medical practitioners as the Minister may determine, each of at least 10 years’ standing; and | | (c) | such number of legal professionals as the Minister may determine. |
(2) The Disciplinary Commission has the following functions:| (a) | to appoint Disciplinary Tribunals; | | (b) | to oversee the training of members of the Complaints Panel and Health Committees; | | (c) | to oversee the procedures and processes of Disciplinary Tribunals; | | (d) | to maintain such information and records as may be prescribed; | | (e) | to publish such information in such manner as may be prescribed. |
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(3) In addition to the functions conferred by this section, the Disciplinary Commission may undertake such other functions as the Minister may assign to the Commission, by notification in the Gazette, and in so undertaking —| (a) | the Commission is deemed to be fulfilling the purposes of this Act; and | | (b) | the provisions of this Act apply to the Commission in respect of those other functions and duties. |
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| (4) A member of the Disciplinary Commission mentioned in subsection (1)(a), (b) or (c) is appointed for a term of 3 years and is eligible for re‑appointment. |
| (5) The President of the Disciplinary Commission may delegate to any other member of the Commission who is a registered medical practitioner any of the duties of the President of the Disciplinary Commission. |
| (6) A member of the Disciplinary Commission must not be appointed a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee except with the approval of the President of the Disciplinary Commission. |
(7) The Disciplinary Commission may —| (a) | appoint one or more committees for any general or special purpose which in the opinion of the Commission may be better regulated or managed by a committee; and | | (b) | delegate to any committee appointed under paragraph (a), with or without restrictions or conditions, any of the powers or functions of the Commission. |
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| (8) The number and term of office of the members of a committee appointed under subsection (7) and the number of those members necessary to form a quorum are to be fixed by the Disciplinary Commission. |
| (9) A committee appointed under subsection (7) may include one or more persons who are not members of the Disciplinary Commission. |
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| Appointment of Disciplinary Tribunals |
58.—(1) Subject to section 59, the President of the Disciplinary Commission may appoint a Disciplinary Tribunal consisting of —| (a) | 2 members of the Complaints Panel who are registered medical practitioners of at least 10 years’ standing; and | | (b) | one other member of the Complaints Panel who is a legal professional, |
| to conduct a formal inquiry into any matter referred to the President of the Disciplinary Commission under section 40(7) or 46(8). |
| (2) Subject to section 59, the chairman of a Disciplinary Tribunal is a member of that Tribunal so designated by the President of the Disciplinary Commission, and where the President of the Disciplinary Commission designates a registered medical practitioner as the chairman of the Disciplinary Tribunal, that registered medical practitioner must have at least 20 years’ standing. |
| (3) A member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Health Committee or an Interim Orders Committee is disqualified from acting as a member of a Disciplinary Tribunal conducting an inquiry into the same matter as the Inquiry Committee, Complaints Committee, Review Committee, Health Committee or Interim Orders Committee, as the case may be. |
| (4) A Disciplinary Tribunal may be appointed in connection with one or more matters, as the President of the Disciplinary Commission thinks fit. |
(5) The President of the Disciplinary Commission may at any time —| (a) | revoke the appointment of a Disciplinary Tribunal; | | (b) | remove any member of a Disciplinary Tribunal; | | (c) | fill any vacancy in a Disciplinary Tribunal; or | | (d) | where the appointment of a Disciplinary Tribunal has been revoked under paragraph (a) or a Disciplinary Tribunal is for any reason unable to continue with an inquiry, appoint another Disciplinary Tribunal in place of the firstmentioned Disciplinary Tribunal to continue with the inquiry. |
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| (6) The Disciplinary Tribunal that is appointed under subsection (5)(d) may, with the consent of the President of the Disciplinary Commission and the registered medical practitioner to whom the matter relates, and having regard to the evidence given, the arguments adduced and any order made during the proceedings before the previous Disciplinary Tribunal, conduct a formal inquiry into the matter afresh. |
| (7) The production of any written instrument purporting to be signed by the President of the Disciplinary Commission and making an appointment, a revocation or a removal mentioned in this section constitutes prima facie evidence that such appointment, revocation or removal has been duly made. |
| (8) Every member of a Disciplinary Tribunal is to be paid such remuneration as the President of the Disciplinary Commission may determine. |
| (9) No act done by or under the authority of a Disciplinary Tribunal is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. |
| (10) The chairman of a Disciplinary Tribunal may at any time summon a meeting of the Disciplinary Tribunal. |
| (11) All the members of a Disciplinary Tribunal must be personally present at any meeting of that Tribunal to constitute a quorum for the transaction of any business. |
| (12) All the members of a Disciplinary Tribunal present at any meeting of that Tribunal must vote on any question arising at the meeting, and such question must be determined by a majority of votes. |
(13) However, if any member of a Disciplinary Tribunal —| (a) | has his appointment revoked or is removed under subsection (5); or | | (b) | is unable through death, illness or any other cause to continue with the formal inquiry of the matter, |
| the Disciplinary Tribunal must not make any decision on any question mentioned in subsection (12) until that vacancy is filled. |
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| Appointment of Disciplinary Tribunal by Chief Justice |
59.—(1) Where the President of the Disciplinary Commission is of the opinion that it would be appropriate for a Disciplinary Tribunal to be chaired by a Judge or Judicial Commissioner of the Supreme Court, the President of the Disciplinary Commission is to apply to the Chief Justice to appoint the Disciplinary Tribunal, and the Chief Justice may appoint the Disciplinary Tribunal by —| (a) | appointing a Judge or Judicial Commissioner of the Supreme Court as chairman of the Disciplinary Tribunal; and | | (b) | after consulting the President of the Disciplinary Commission, appointing 2 members of the Complaints Panel who are registered medical practitioners each of at least 10 years’ standing, as members of the Disciplinary Tribunal. |
(2) In relation to any Disciplinary Tribunal appointed under subsection (1) —| (a) | the Chief Justice may exercise the powers of the President of the Disciplinary Commission under section 58(4) to (8); and | | (b) | a reference in section 58(4) to (8) to the President of the Disciplinary Commission is a reference to the Chief Justice. |
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| (3) For any Disciplinary Tribunal appointed under subsection (1), the Chief Justice may delegate the exercise of all or any of the powers conferred or duties imposed upon the Chief Justice by subsection (2) and section 59A(11)(a) to any Judge of the Supreme Court (other than one who is the chairman of the Disciplinary Tribunal), subject to any condition that the Chief Justice may specify. |
| (4) Where there is a delegation of any power or duty to a Judge of the Supreme Court under subsection (3), any reference in relation to that power or duty in this Division to the President of the Disciplinary Commission mentioned in subsection (2)(b) is a reference to the Judge of the Supreme Court who is delegated the power or duty. |
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| Proceedings of Disciplinary Tribunal |
59A.—(1) A Disciplinary Tribunal may meet from time to time to inquire into any matter mentioned in section 58(1) and may, subject to any rules made under section 70A, regulate its own procedure.| (2) A member of a Disciplinary Tribunal who ceases to be a member of the Complaints Panel on the expiration of his term of office is taken to be a member of the Disciplinary Tribunal until the completion of the work by the Disciplinary Tribunal. |
| (3) The registered medical practitioner concerned may appear in person before the Disciplinary Tribunal or be represented by counsel. |
| (4) A Disciplinary Tribunal is not bound to act in a formal manner and is not bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit. |
| (5) A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents. |
| (6) The subpoenas mentioned in subsection (5) must be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court. |
| (7) Any person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth. |
| (8) Every witness has the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if such hearings were proceedings in a court of law. |
(9) Where a Disciplinary Tribunal is appointed to conduct a formal inquiry into any complaint or information referred to the President of the Disciplinary Commission under section 40(7) —| (a) | the Disciplinary Tribunal may direct an investigator appointed under section 60A to investigate the complaint or information; and | | (b) | the investigator may exercise one or more of the powers under that section in carrying out the investigator’s functions and duties under this Part. |
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| (10) A Disciplinary Tribunal must carry out its work expeditiously, and must make its finding and order within 6 months after the date of the appointment of the Disciplinary Tribunal. |
(11) Where a Disciplinary Tribunal is of the opinion that it will not be able to make its finding and order within the period mentioned in subsection (10) —| (a) | in the case of a Disciplinary Tribunal appointed under section 59(1) — the chairman of the Disciplinary Tribunal may apply in writing to the Chief Justice for one or more extensions of time (each not exceeding 3 months) to make its finding and order; or | | (b) | in any other case — the chairman of the Disciplinary Tribunal may apply in writing to the President of the Disciplinary Commission for an extension of time to make its finding and order. |
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| (12) Upon receiving an application under subsection (11)(b), the President of the Disciplinary Commission may, if the President of the Disciplinary Commission is satisfied that the circumstances of the case justify the grant of an extension, grant the Disciplinary Tribunal one (but not more than one) extension of the period mentioned in subsection (10), except that the extension must not extend beyond the period of 9 months after the date of the appointment of that Disciplinary Tribunal. |
| (13) The Medical Council may, upon a written request by a Disciplinary Tribunal, apply to the High Court in accordance with section 59U for a further extension of time that extends beyond the period mentioned in subsection (12) to make its finding and order. |
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| Appointment of experts and legal counsel |
59B.—(1) For the purposes of any formal inquiry by a Disciplinary Tribunal, the Disciplinary Tribunal may appoint one or more of the following:| (a) | one or more independent experts; | | (b) | an advocate and solicitor to advise that Disciplinary Tribunal on any legal matter relating to the inquiry. |
| (2) In appointing any expert under subsection (1)(a), the Disciplinary Tribunal must hear the views of the registered medical practitioner concerned and the Medical Council. |
| (3) The Disciplinary Tribunal may, instead of or in addition to appointing its experts under subsection (1)(a), allow the registered medical practitioner concerned and the Medical Council to appoint their respective experts. |
| (4) An expert or advocate and solicitor appointed under subsection (1) may be paid remuneration of an amount and by one or more persons to be determined by the Disciplinary Tribunal. |
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| Referral and transfer of cases to Health Committee |
59C.—(1) Where, in the course of inquiring into the case of a registered medical practitioner, it appears to a Disciplinary Tribunal that his fitness to practise medicine may be impaired by reason of his physical or mental condition, the Disciplinary Tribunal may refer that question to a Health Committee for determination.| (2) If, on a referral under subsection (1), the Health Committee determines that the fitness of the registered medical practitioner to practise medicine is not impaired by reason of his physical or mental condition, the Health Committee must certify its opinion to the Disciplinary Tribunal. |
(3) If, on a referral under subsection (1), the Health Committee determines that the fitness of the registered medical practitioner to practise medicine is impaired by reason of his physical or mental condition, the Health Committee must —| (a) | certify its opinion to the Disciplinary Tribunal; and | | (b) | proceed to dispose of the case in accordance with section 59I, |
| and the Disciplinary Tribunal ceases to exercise its function in relation to the case. |
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| Findings of Disciplinary Tribunal |
59D.—(1) Where a registered medical practitioner is found by a Disciplinary Tribunal —| (a) | to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him unfit to practise medicine; | | (b) | to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Tribunal, brings disrepute to his profession; | | (c) | to have been guilty of professional misconduct; or | | (d) | to have failed to provide professional services of the quality that is reasonable to expect of him, |
| the Disciplinary Tribunal may make one or more orders under subsection (2). |
(2) For the purposes of subsection (1), the Disciplinary Tribunal may —| (a) | by order remove the name of the registered medical practitioner from the appropriate register; | | (b) | by order suspend the registration of the registered medical practitioner in the appropriate register for a period not exceeding 3 years; | | (c) | where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — by order remove his name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; | | (d) | where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — by order impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be; | | (e) | by order impose on the registered medical practitioner a penalty not exceeding $100,000; | | (f) | order that the registered medical practitioner be censured in writing; | | (g) | by order require the registered medical practitioner to give such undertaking as the Disciplinary Tribunal thinks fit to abstain in future from the conduct complained of; or | | (h) | make such other order as the Disciplinary Tribunal thinks fit, including any action that a Complaints Committee may take under section 46(1). |
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| (3) In any proceedings instituted under this Part against a registered medical practitioner consequent upon his conviction for a criminal offence, a Disciplinary Tribunal and the High Court on appeal from any order of the Disciplinary Tribunal are to accept his conviction as final and conclusive. |
| (4) Where a registered medical practitioner is not found by a Disciplinary Tribunal to have been convicted or guilty of any of the matters mentioned in subsection (1), the Disciplinary Tribunal must dismiss the matter mentioned in section 58(1). |
| (5) A Disciplinary Tribunal may under subsection (2) order the registered medical practitioner concerned to pay to the Medical Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Tribunal and, where applicable, an Interim Orders Committee. |
| (6) The High Court has jurisdiction to tax any costs mentioned in subsection (5) and any order for costs made by the High Court is enforceable as if it were ordered in connection with a civil action in the High Court. |
| (7) The Disciplinary Tribunal in ordering that costs be paid by the registered medical practitioner under this section may certify that costs for more than one advocate and solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Tribunal has the same effect as if it were a certification by a Judge in a civil action in the High Court. |
(8) The costs and expenses mentioned in subsection (5) include —| (a) | the costs and expenses of any advocate and solicitor appointed by the Medical Council for proceedings before the Disciplinary Tribunal and, where applicable, the Interim Orders Committee, and any expert appointed by the Medical Council under section 59B(3); | | (b) | such reasonable expenses as the Medical Council may pay to witnesses; and | | (c) | such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Tribunal and the Interim Orders Committee. |
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| Further orders by Disciplinary Tribunal |
59E.—(1) Where a registered medical practitioner, in respect of whom an order under subsection (2) or (3) or section 59D(2)(c) or (d), 59L(1)(b) or 59N(1)(d) is made, is found by a Disciplinary Tribunal (whether, in the case of an order under subsection (2) or (3) or section 59D(2)(c) or (d), it is the Disciplinary Tribunal that made the order or another Disciplinary Tribunal appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Disciplinary Tribunal may, if it thinks fit, by order —| (a) | remove his name from the appropriate register; or | | (b) | suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order. |
| (2) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 59D(2)(b), the Disciplinary Tribunal may make an order under section 59D(2)(c) or (d), to take effect immediately after the expiration of the current period of suspension. |
(3) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 59D(2)(b) against a registered medical practitioner and he has failed to comply with that order, the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may, if it thinks fit —| (a) | by order remove his name from the appropriate register; or | | (b) | make an order under section 59D(2)(c) or (d), to take effect immediately after the expiration of the current period of suspension. |
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| (4) Where a Disciplinary Tribunal has made an order under section 59D(2)(c) or (d), the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may revoke the order or revoke or vary any of the conditions or restrictions imposed by that order. |
| (5) Where a Disciplinary Tribunal has made an order under section 59D or this section, or has varied the conditions or restrictions imposed by an order under section 59D or this section, the Registrar must immediately serve on the registered medical practitioner and on the complainant a notice of the order or the variation. |
(6) On making an order for the removal of the name of a registered medical practitioner from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 59D(2)(a) or (b), a Disciplinary Tribunal, if satisfied that to do so —| (a) | is necessary for the protection of members of the public or is otherwise in the public interest; or | | (b) | would be in the best interests of the registered medical practitioner concerned, |
| may order that, despite section 59F(1) or an appeal under section 59G — |
| (c) | the registered medical practitioner’s name be removed from the appropriate register immediately; or | | (d) | the registered medical practitioner’s registration in the register be suspended immediately. |
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(7) Where an order under subsection (6) is made, the Registrar must immediately serve a notice of the order on the person to whom it applies and —| (a) | if that person was present or represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the time the order is made; or | | (b) | if that person was neither present nor represented at the proceedings of the Disciplinary Tribunal, the order takes effect from the date of service of the notice on him. |
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| When order by Disciplinary Tribunal takes effect |
59F.—(1) Subject to section 59E(6), an order made by a Disciplinary Tribunal for the removal of the name of a registered medical practitioner from the appropriate register or for the suspension of the registered medical practitioner’s registration under section 59D(2)(a) or (b) or 59E(1) or (3), does not take effect until the expiration of 30 days after the order is made.| (2) An order of a Disciplinary Tribunal, other than an order for the removal of any name or for the suspension of any registration under section 59D(2)(a) or (b) or 59E(1) or (3), takes effect from the date the order is made. |
| (3) While any order for the suspension of any registration remains in force, the person concerned is not regarded as being registered even though his name still appears in the register concerned; but on the expiration of such order, his rights and privileges as a registered medical practitioner are to be revived immediately after the date of such expiration but only if the person concerned has complied with all the terms of the order. |
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| Appeal against Disciplinary Tribunal’s decision or order |
59G.—(1) If the registered medical practitioner concerned or the Medical Council is dissatisfied with a decision of or an order by the Disciplinary Tribunal mentioned in section 59D(2), (4) or (5) or 59E, the registered medical practitioner or the Medical Council may, within 30 days after the service on the registered medical practitioner of the notice of the decision or order, appeal to the High Court against the decision or order.| (2) An appeal under this section is to be heard by 3 Judges of the High Court and from the decision of the High Court there is to be no appeal. |
| (3) In any appeal to the High Court against a decision or an order mentioned in section 59D(2), (4) or (5) or 59E, the High Court is to accept as final and conclusive any finding of the Disciplinary Tribunal relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence. |
(4) Despite sections 59D, 59E and 59F, where an appeal has been made to the High Court against a decision or an order of the Disciplinary Tribunal mentioned in section 59D(2) or 59E (called in this section a relevant order), the relevant order is not to take effect until after —| (a) | the relevant order is confirmed by the High Court; | | (b) | the appeal is for any reason dismissed by the High Court; or | | (c) | the appeal is withdrawn. |
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(5) Subsection (4) does not apply if, at the time of making the relevant order —| (a) | where a relevant order is made under section 59D(2)(a) or (b) or 59E(1) or (3) — the Disciplinary Tribunal makes an order under section 59E(6)(c) or (d); or | | (b) | in any other case — the Disciplinary Tribunal orders that the relevant order take effect immediately despite an appeal because doing so —| (i) | is necessary for the protection of members of the public or is otherwise in the public interest; or | | (ii) | would be in the best interests of the registered medical practitioner concerned. |
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| Division 9 — Health Committees |
| Appointment of Health Committees |
59H.—(1) The Medical Council may, from time to time, appoint one or more Health Committees, each comprising 3 persons, at least one of whom must be a member of the Medical Council.(2) The Medical Council must appoint as the chairman of a Health Committee —| (a) | if the Health Committee has only one member of the Medical Council — that member of the Medical Council; and | | (b) | if the Health Committee has more than one member of the Medical Council — any of those members of the Medical Council as the Medical Council thinks fit. |
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| (3) A Health Committee is to inquire into any case or matter referred to it under this Act. |
| (4) A Health Committee may be appointed in connection with one or more matters or for a fixed period of time as the Medical Council thinks fit. |
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| Unfitness to practise medicine through illness, etc. |
59I.—(1) Where a Health Committee determines that a registered medical practitioner’s fitness to practise medicine is impaired by reason of the registered medical practitioner’s physical or mental condition, the Health Committee may take one or more of the following actions:| (a) | by order suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order; | | (b) | where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners — by order remove his name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4), (6), (7), (8) and (9) applies accordingly; | | (c) | where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners — by order impose additional appropriate conditions or restrictions on his registration or vary the conditions or restrictions already imposed under section 21, 23 or 24, as the case may be; | | (d) | recommend to the Medical Council that the name of the registered medical practitioner be removed from the appropriate register; | | (e) | order that the registered medical practitioner pay to the Medical Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee and, where applicable, an Interim Orders Committee. |
| (2) Where the Medical Council accepts the recommendation of the Health Committee under subsection (1)(d), the Medical Council must by order remove the name of the registered medical practitioner from the appropriate register and that order takes effect from the date the order is made. |
| (3) Where a registered medical practitioner, in respect of whom an order under subsection (1)(b) or (c), (4) or (5)(b) or section 59L(1)(b) or 59N(1)(d) is made, is determined by a Health Committee to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Health Committee may, if it thinks fit, by order suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order. |
| (4) Where a Health Committee has made an order for suspension under subsection (1)(a) or (3), the Health Committee may make an order under subsection (1)(b) or (c), to take effect from the expiration of the current period of suspension. |
(5) Where a Health Committee has made an order for suspension under subsection (1)(a) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit —| (a) | make a recommendation mentioned in subsection (1)(d) to the Medical Council, and subsection (2) applies accordingly; or | | (b) | make an order under subsection (1)(b) or (c), to take effect immediately after the expiration of the current period of suspension. |
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| (6) Where a Health Committee has made an order under subsection (1)(b) or (c), the Health Committee or another Health Committee appointed in its place may, on its own motion or on the application of the Medical Council or the registered medical practitioner, revoke the order or revoke or vary any of the conditions or restrictions imposed by the order. |
| (7) An application under subsection (6) must not be made in respect of the same registered medical practitioner more than once in any period of 12 months. |
| (8) Where a Health Committee has made an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) under this section, the Registrar must immediately serve on the person to whom the order applies a notice of the order or of the revocation or variation. |
| (9) While a person’s registration in a register is suspended by virtue of this section, the person is to be treated as not being registered in the register even though the person’s name still appears in it. |
(10) Section 59A(3) to (13) applies, with the necessary modifications, to a Health Committee as it applies to a Disciplinary Tribunal appointed under section 58 and for this purpose —| (a) | a reference in those provisions to a Disciplinary Tribunal is a reference to the Health Committee; and | | (b) | a reference in those provisions to the President of the Disciplinary Commission is a reference to the Medical Council. |
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| (11) Any person who is aggrieved by an order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section may, within 30 days after the service on the person of the notice of the order, appeal to the Minister whose decision is final. |
| (12) Any order (including a revocation of the order or a revocation or variation of any condition or restriction imposed by the order) made under this section takes effect from the date the order, revocation or variation is made unless the Minister decides otherwise. |
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| Division 10 — Interim Orders Committees |
59J.—(1) The Medical Council may, from time to time, appoint one or more committees each comprising 3 members who must each be a member of the Medical Council or the Complaints Panel, to be known for the purposes of this Act as Interim Orders Committees, to inquire into or review any matter under this Division.| (2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time. |
(3) The chairman of the Complaints Panel, the President of the Disciplinary Commission, an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee may refer any complaint or information, that was referred to the chairman, President, Committee or Tribunal (as the case may be), to the Medical Council for the purpose of —| (a) | appointing an Interim Orders Committee; or | | (b) | referring the complaint or information to an Interim Orders Committee, |
| for the Interim Orders Committee to determine whether an order should be made under section 59L(1). |
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| (4) Subject to subsection (5), the Medical Council may, on its own motion and at any time after any complaint or information is made, provided or referred under section 40(1) or (6)(a), refer the complaint or information to an Interim Orders Committee for the purpose of determining whether an order should be made under section 59L(1). |
| (5) The Medical Council must not refer any complaint or information to which section 42(1) or (2) applies to an Interim Orders Committee under subsection (4) at any time before the President of the Disciplinary Commission has assessed that it is in the public interest to refer the complaint or information to the chairman of the Complaints Panel under section 42(3)(a). |
| (6) The chairman of the Complaints Panel, or a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee, is disqualified from acting as a member of an Interim Orders Committee inquiring into and determining the same matter as the chairman, or the Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal or Health Committee, as the case may be. |
| (7) Where the Medical Council refers any complaint or information under subsection (4) to an Interim Orders Committee, any member of the Medical Council who participated in or influenced the making of the decision to make the referral is disqualified from acting as a member of the Interim Orders Committee inquiring into or reviewing the same matter. |
| (8) A member of an Interim Orders Committee inquiring into or reviewing any matter is disqualified from acting as a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee inquiring into or reviewing the same matter, or taking part in any deliberation of the Medical Council in respect of the same matter under any provision of this Part. |
| (9) Section 59A(3) to (9) applies, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as it applies to a Disciplinary Tribunal appointed under section 58 and to proceedings before such Disciplinary Tribunal. |
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59K.—(1) Subject to subsection (5), an Interim Orders Committee may, at any time after any complaint or information is referred to it but before an interim order is made under section 59L(1), make an immediate interim order against a registered medical practitioner without first giving the registered medical practitioner an opportunity to be heard if — | (a) | the Interim Orders Committee is satisfied that — | (i) | a court of law in Singapore has found that the registered medical practitioner has engaged in any conduct alleged in the complaint or information; and | | (ii) | the conduct poses an imminent danger to the health or safety of any patient of the registered medical practitioner; or |
| | (b) | the Medical Council certifies that the Medical Council is of the opinion that any conduct alleged in the complaint or information poses an imminent danger to the health or safety of any patient of the registered medical practitioner. |
| (2) The Registrar must immediately notify the registered medical practitioner of the order made under subsection (1), and such order takes effect from the date the order is made. |
(3) An immediate interim order ceases to have effect from —| (a) | the date the Interim Orders Committee revokes the immediate interim order; | | (b) | the date an interim order is made under section 59L(1) to replace the immediate interim order; or | | (c) | where the registered medical practitioner has not, within one month after the date of the immediate interim order, been given an opportunity to be heard by the Interim Orders Committee on the question whether an interim order under section 59L(1) should be made — the expiration of one month after the date of the immediate interim order, |
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(4) In this section, “immediate interim order” means an order — | (a) | that a registered medical practitioner’s registration in the appropriate register be suspended from the date of the order; or | | (b) | that a registered medical practitioner’s registration be conditional on his compliance, from the date of the order, with such conditions or restrictions specified in the order as the Interim Orders Committee thinks fit to impose. |
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| (5) This section does not apply in relation to any complaint or information referred to an Interim Orders Committee if the Interim Orders Committee has made an interim order under section 59L(1) in respect of the same complaint or information. |
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59L.—(1) Subject to subsection (4), where, upon due inquiry into any complaint or information referred to an Interim Orders Committee, the Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or it is in the interests of the registered medical practitioner concerned, that his registration be suspended or be made subject to conditions or restrictions, the Interim Orders Committee may make an order —| (a) | that his registration in the appropriate register be suspended for a period not exceeding 18 months specified in the order (called in this Part an interim suspension order); or | | (b) | that his registration be conditional on his compliance, during a period not exceeding 18 months, with such conditions or restrictions specified in the order as the Interim Orders Committee thinks fit to impose (called in this Part an interim restriction order). |
| (2) An Interim Orders Committee must inquire into and decide on the complaint or information referred to it as soon as is practicable after the complaint or information is referred to it. |
| (3) The Registrar must immediately notify the registered medical practitioner of the order made under subsection (1), and such order takes effect from the date the order is made. |
| (4) An Interim Orders Committee must not make an order under subsection (1) at any time after the relevant proceedings are concluded. |
| (5) For the purposes of subsection (4), the relevant proceedings are concluded when any one of the events mentioned in section 59Q(2)(a), (b), (c) or (d) occurs. |
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59M.—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 59L(1), the Interim Orders Committee or another Interim Orders Committee appointed in its place —| (a) | must review the order within the period of 6 months beginning on the date the order was made, and must, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and | | (b) | may review the order where new evidence relevant to the order has become available after the making of the order. |
(2) Where the High Court has extended an order under section 59P(2) or an Interim Orders Committee has made a replacement order under section 59N(1)(c) or (d), the first review after such extension or making of the replacement order must take place —| (a) | if the order (or the order which has been replaced) had not been reviewed under subsection (1) — within the period of 6 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be; or | | (b) | if the order (or the order which has been replaced) had been reviewed under subsection (1) — within the period of 3 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made. |
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| Interim Orders Committee may revoke, vary or replace interim order |
59N.—(1) Upon a review under section 59M or upon the recommendation of the chairman of the Complaints Panel, the President of the Disciplinary Commission, the Medical Council or any specified committee, the Interim Orders Committee that made an interim suspension order or interim restriction order under this section or section 59L(1) in relation to any registered medical practitioner may do any of the following:| (a) | revoke the order or revoke any condition or restriction imposed by the order; | | (b) | make an order varying any condition or restriction imposed by the order; | | (c) | in the case of an interim restriction order — if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered medical practitioner, or that the registered medical practitioner has not complied with any requirement imposed as a condition or restriction of his registration in the interim restriction order, replace that order with an interim suspension order having effect for the remainder of the period of the former; | | (d) | in the case of an interim suspension order — if satisfied that the public interest or the interests of the registered medical practitioner would be more adequately served by an interim restriction order, replace the interim suspension order with an interim restriction order having effect for the remainder of the period of the former. |
| (2) The Registrar must immediately notify the registered medical practitioner of the decision under subsection (1), and such order takes effect from the date the order is made. |
| (3) For the purposes of subsection (1), a reference to an Interim Orders Committee that made an interim suspension order or interim restriction order includes a reference to another Interim Orders Committee appointed in its place. |
| (4) In this section, “specified committee”, in relation to the registered medical practitioner against whom an interim suspension order or interim restriction order has been made, means an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee appointed to conduct an inquiry or review (as the case may be) in relation to the complaint against or information about the registered medical practitioner. |
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59O.—(1) An order under section 59L(1) or 59N(1)(b), (c) or (d) must not be made by an Interim Orders Committee in respect of any registered medical practitioner unless he has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question of whether such an order should be made in his case.| (2) For the purposes of subsection (1), the registered medical practitioner may be represented before the Interim Orders Committee by counsel. |
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| Application to High Court |
59P.—(1) The Medical Council may apply to the High Court for an extension of the period for which an order made under section 59L(1) or 59N(1)(c) or (d) has effect, and may apply again for one or more further extensions.| (2) Upon an application under subsection (1), the High Court may grant an extension (or a further extension) for a period not exceeding 12 months. |
(3) The High Court may, upon application by the registered medical practitioner concerned —| (a) | in the case of an interim suspension order — revoke the order; | | (b) | in the case of an interim restriction order — revoke the order or vary any condition or restriction imposed by the order; or | | (c) | in either case — substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it). |
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| (4) An application under subsection (3) must be made within 14 days after the registered medical practitioner concerned is notified of the interim suspension order or interim restriction order under section 59L(3) or 59N(2), as the case may be. |
| (5) An application under subsection (3) must be heard otherwise than in open court. |
(6) The High Court may, upon an application by the registered medical practitioner, order that any information contained in any document relating to an application under subsection (3) must not be published or disclosed, unless —| (a) | the registered medical practitioner consents to the publication or disclosure; or | | (b) | the High Court is satisfied that the information if published or disclosed does not disclose any confidential information. |
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| Duration of interim orders |
59Q.—(1) An interim suspension order or an interim restriction order is in force until the earlier of the following: | (a) | the end of the period specified —| (i) | in the order; or | | (ii) | if the period is extended under section 59P(2), in the order extending it; |
| | (b) | the date on which the relevant proceedings are concluded. |
(2) For the purposes of subsection (1)(b), the relevant proceedings are concluded when any one of the following occurs:| (a) | where an Inquiry Committee has been appointed to inquire into the complaint or information — the Inquiry Committee has under section 43 —| (i) | dismissed the complaint; or | | (ii) | issued a letter of advice; |
| | (b) | where a Complaints Committee has been appointed to inquire into the complaint or information — the Complaints Committee has taken an action under section 46(1) and —| (i) | no request for review under section 54(1), (2) or (3) was made to the Review Committee against that action within the period specified in that section; or | | (ii) | such a request was made but withdrawn, or the Review Committee made an order under section 56(4)(a) in relation to the request; |
| | (c) | where a Disciplinary Tribunal has been appointed to inquire into the complaint or information — the Disciplinary Tribunal —| (i) | has made an order under section 59D(2) which has taken effect; or | | (ii) | has dismissed the complaint or matter under section 59D(4); |
| | (d) | where a Health Committee has been appointed to inquire into the matter — | (i) | the Health Committee has made an order under section 59I(1) which has taken effect; | | (ii) | the Medical Council has made an order under section 59I(2) which has taken effect; or | | (iii) | the Health Committee has dismissed the complaint or matter. |
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| Person suspended under interim suspension order not regarded as registered |
59R.—(1) While a person’s registration in the register is suspended by virtue of an interim suspension order, the person is not to be regarded as being registered even though the person’s name still appears in the register.| (2) Upon the expiration or revocation of an interim suspension order, the person’s rights and privileges as a registered medical practitioner are revived immediately after the date of the expiration or revocation, but only if he has complied with all the terms of the order. |
| (3) To avoid doubt, sections 40 to 59E, 59H and 59I continue to apply to a person whose registration in the register is suspended by or under an interim suspension order. |
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| Division 11 — Miscellaneous |
| Medical Council may appoint legal counsel |
59S.—(1) For the purposes of an inquiry under this Part by any Inquiry Committee, Complaints Committee, Review Committee, Health Committee or Interim Orders Committee, the Medical Council may appoint an advocate and solicitor to advise that Committee on any legal matter relating to the inquiry. | (2) Where an advocate and solicitor is appointed under subsection (1), the Medical Council may pay the advocate and solicitor, as part of the expenses of the Medical Council, such remuneration as the Medical Council may determine. |
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| Restoration of names to register |
59T.—(1) This section applies in relation to a medical practitioner whose name has been removed from a register —| (a) | under section 38(2)(a) or 46(1)(g)(i) or (3)(a) or under section 37A(1)(i) or 49(1)(g)(i) as in force immediately before the date of commencement of section 7 of the Medical Registration (Amendment) Act 2020; | | (b) | pursuant to an order made by a Disciplinary Tribunal under section 59D(2)(a) or 59E(1)(a) or (3)(a) or under section 53(2)(a) or 54(1)(a) or (3)(a) as in force immediately before that date; | | (c) | on the recommendation of a Health Committee under section 59I(1)(d) or under section 58(1)(d) as in force immediately before that date; | | (d) | pursuant to an order made by a Disciplinary Committee under section 45 or 46 as in force immediately before 1 December 2010; or | | (e) | under section 22 of the repealed Medical Registration Act (Cap. 174, 1985 Ed.). |
(2) Subject to subsections (3) and (4), the Medical Council may, upon an application for restoration by the medical practitioner mentioned in subsection (1), if it thinks fit —| (a) | restore his name to the register; or | | (b) | register him as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4), (6), (7), (8) and (9) applies accordingly. |
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(3) In the case mentioned in subsection (1)(b), the Medical Council must not restore the name of a medical practitioner to the register or register him as a medical practitioner with conditional registration under subsection (2) if —| (a) | the medical practitioner has not complied with all the terms of any order made against him by the Disciplinary Tribunal; | | (b) | the application for restoration is made before the expiration of 3 years from the date of the removal; or | | (c) | the application for restoration is made more than once in any period of 12 months by or on behalf of the medical practitioner. |
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(4) In the case mentioned in subsection (1)(c), (d) or (e), the Medical Council must not restore the name of a medical practitioner to the register or register him as a medical practitioner with conditional registration under subsection (2) if —| (a) | the medical practitioner has not complied with all the terms of any order made against him by the Health Committee, Disciplinary Committee or Medical Council, as the case may be; or | | (b) | the application for restoration is made more than once in any period of 12 months by or on behalf of the medical practitioner. |
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| Applications to High Court for extension of time |
59U.—(1) Where an application is made to the High Court under section 45(4), 56(3) or 59A(13), the High Court may, subject to such conditions as the High Court may impose, grant one or more further extensions of time, each not exceeding 3 months. | (2) An application under subsection (1) may be made by ex parte originating summons, and must not be heard in open court. |
(3) The High Court may, upon an application by the Medical Council, order that any information contained in any document relating to an application under subsection (1) must not be published or disclosed, unless —| (a) | the Medical Council consents to the publication or disclosure; or | | (b) | the High Court is satisfied that the information if published or disclosed does not disclose any confidential information. |
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| Meetings and proceedings of committees |
59V.—(1) Subject to subsection (2), this section applies to every Inquiry Committee, Complaints Committee, Review Committee, Health Committee or Interim Orders Committee (each called in this section a relevant committee) appointed under this Act.| (2) Subsection (8) does not apply in relation to an Inquiry Committee. |
(3) The appointing authority of a relevant committee may at any time —| (a) | revoke the appointment of the relevant committee; | | (b) | remove any member of the relevant committee; | | (c) | fill any vacancy in the relevant committee; or | | (d) | where the appointment of the relevant committee has been revoked under paragraph (a) or the relevant committee is for any reason unable to continue with an inquiry or review (as the case may be), appoint another relevant committee in place of the firstmentioned relevant committee to continue with the inquiry or review (as the case may be). |
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| (4) No act done by or under the authority of a relevant committee is invalid as a consequence of any defect that is subsequently discovered in the appointment or qualifications of the members or any of them. |
| (5) The chairman of a relevant committee may at any time summon a meeting of the relevant committee. |
| (6) A relevant committee may meet for the purposes of its inquiry or review (as the case may be), and may adjourn and otherwise regulate the conduct of its inquiry or review (as the case may be) as its members think fit. |
| (7) All the members of a relevant committee must be present to constitute a quorum for a meeting of the relevant committee, and any resolution or decision in writing signed by all the members of a relevant committee is as valid and effectual as if it had been made or reached at a meeting of the relevant committee where all its members were present. |
| (8) All the members of a relevant committee present at any meeting of the relevant committee must vote on any question arising at the meeting, and such question must be determined by a majority of votes. |
(9) However, if any member of a relevant committee —| (a) | has his appointment revoked or is removed under subsection (3); or | | (b) | is unable through death, illness or any other cause to continue with the inquiry or review (as the case may be), |
| the relevant committee must not make any decision on any question arising at a meeting until that vacancy is filled. |
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| (10) A member of a relevant committee who ceases to be a member of the Complaints Panel or Medical Council (as the case may be) on the expiration of his term of office is taken to be a member of the relevant committee until the completion of the work by the relevant committee. |
(11) In this section, “appointing authority” means —| (a) | in relation to an Inquiry Committee, a Complaints Committee or Review Committee — the chairman of the Complaints Panel; and | | (b) | in relation to a Health Committee or an Interim Orders Committee — the Medical Council. |
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| Employee of Ministry of Health not disqualified from being committee member |
| 59W. Any member of the Medical Council who is employed in the Ministry of Health is not disqualified from being a member of any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee by reason only that the member is so employed. |
| Confidentiality of information |
59X.—(1) A person to whom this section applies is not compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance assessment or fitness assessment under section 52 or 53 except in —| (a) | an inquiry by any Inquiry Committee, Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; | | (b) | a review by any Review Committee; or | | (c) | a prosecution for an offence. |
(2) A person to whom this section applies must not disclose any information contained in any document that may have come to the person’s knowledge in the course of a performance assessment or fitness assessment under section 52 or 53 unless the disclosure is made —| (a) | under or for the purpose of administering or enforcing this Act or the Infectious Diseases Act; or | | (b) | for any other purpose with the consent of the person to whom the information relates. |
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(3) This section applies to —| (a) | a member of a Performance Assessment Panel or Fitness Assessment Panel; | | (b) | an investigator appointed under section 60A to carry out an investigation under this Part; | | (c) | a member of any Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and | | (d) | a member or an officer or an agent, of the Medical Council or Disciplinary Commission.”. |
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