Medical Registration (Amendment) Regulations 2003

No. S 357

Medical Registration Act

(Chapter 174)

Medical Registration (Amendment) Regulations 2003

In exercise of the powers conferred by sections 36 and 58 of the Medical Registration Act, the Singapore Medical Council, with the approval of the Minister for Health, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Medical Registration (Amendment) Regulations 2003 and shall come into operation on 28th July 2003.

Amendment of regulation 2

2. Regulation 2(1) of the Medical Registration Regulations (Rg 1) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by deleting the words “section 43” in the definition of “Council’s solicitor” and substituting the words “section 49I”; and

(b)

by inserting, immediately after the definition of “Health Committee”, the following definition:

“ “Interim Orders Committee” means an Interim Orders Committee appointed in accordance with section 49A of the Act;”.

New regulation 7A

3. The principal Regulations are amended by inserting, immediately after regulation 7, the following regulation:

“No soliciting or canvassing for votes

7A.—(1) A candidate shall not canvass for votes, or solicit the vote of any person, except in the manner permitted by the returning officer.

(2) Any candidate who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.”.

Amendment of regulation 12

4. Regulation 12 (3) of the principal Regulations is amended by inserting, immediately after the word “candidate” in the 3rd line, the words “, or has contravened regulation 7A,”.

Amendment of regulation 13

5. Regulation 13 (2) of the principal Regulations is amended —

(a)	by deleting the words “or, where applicable,” in paragraph (d) and substituting the words “, a certificate approved by the Medical Council as being equivalent to a certificate of experience referred to in section 21(1A)(b) or 27 (a) of the Act, or”; and
(b)	by inserting, immediately after the word “Act” in the last line of paragraph (d), the words “, whichever is applicable”.

Amendment of regulation 16

6. Regulation 16 of the principal Regulations is amended by inserting, immediately after paragraph (3), the following paragraphs:

“(3A) Where the Medical Council refuses to register an applicant, the Medical Council shall by notice in writing inform the applicant of such refusal.

(3B) The applicant may, within one month of the date of the notice given under paragraph (3A), appeal to the Minister whose decision shall be final.”.

New Part IIIA

7. The principal Regulations are amended by inserting, immediately after regulation 16, the following Part:

“PART IIIA

Grant and Renewal of Practising CertificateS

Definitions of this Part

16A.—(1) In this Part —

“continuing medical education point” means a continuing medical education point which a registered medical practitioner obtains by successfully completing any activity, course or programme in the list of activities, courses and programmes published under regulation 16C (1);

“core programme” means any activity, course or programme identified under regulation 16C (2) as a core programme;

“qualifying period”, in relation to a registered medical practitioner, means the period specified in the part of the fourth column of the Third Schedule applicable to him;

“requisite continuing medical education points”, in relation to a registered medical practitioner, means the number of continuing medical education points specified in the part of the second column of the Third Schedule applicable to him.

(2) In this Part, a registered medical practitioner obtains a specified number of continuing medical education points if he successfully completes one or more of the activities, courses and programmes in the list published under regulation 16C (1) the total number of continuing medical education points of which equals or exceeds that specified number.

Application of this Part

16B.—(1) This Part shall apply only to a medical practitioner who has been registered under section 20 or 21 of the Act and who applies for the grant of a practising certificate, or the renewal of his practising certificate, on or after 1st January 2005.

(2) Regulations 16C and 16D do not apply to a medical practitioner who applies for the grant of a practising certificate for the first time.

List of activities, etc., with continuing medical education points

16C.—(1) The Medical Council shall publish on its Internet website a list of activities, courses and programmes relating to the practice of medicine for the purposes of this Part and the number of continuing medical education points which a registered medical practitioner obtains by successfully completing each of the activities, courses and programmes.

(2) The Medical Council shall —

(a)	identify in the list those activities, courses and programmes which are core programmes for the purposes of this Part; and
(b)	in respect of each core programme, state in the list whether it is a core programme for all registered medical practitioners or for registered medical practitioners of a specified description.

Grant or renewal of practising certificate subject to obtaining continuing medical education points

16D.—(1) For the purposes of section 36 of the Act, the Medical Council may refuse to grant a practising certificate to a registered medical practitioner, or may refuse to renew his practising certificate, if he fails to satisfy the Medical Council that he has obtained the requisite continuing medical education points.

(2) In relation to the requisite continuing medical education points for the renewal of a practising certificate under paragraph (1), not less than the percentage of those points specified in the part of the third column of the Third Schedule applicable to the registered medical practitioner must be obtained by successfully completing one or more of the core programmes specified in that part.

(3) In computing the total number of continuing medical education points obtained by a registered medical practitioner applying for the grant of a practising certificate, only points obtained by him within the qualifying period shall be considered.

(4) In computing the total number of continuing medical education points obtained by a registered medical practitioner applying for the renewal of his practising certificate, only points obtained by him —

(a)	within the qualifying period;
(b)	if the total number of points obtained within the qualifying period is less than the requisite continuing medical education points, within the qualifying period and after the date of expiry of his practising certificate; or
(c)	if no point was obtained within the qualifying period, after the date of expiry of his practising certificate,

shall be considered; and any point obtained after the qualifying period but before the date of expiry of his practising certificate shall be disregarded.

(5) If the Medical Council has renewed the practising certificate of a registered medical practitioner by virtue of his having obtained the requisite continuing medical education points either —

(a)	wholly after the date of expiry of his practising certificate; or
(b)	partly within the qualifying period and partly after the date of expiry of his practising certificate,

all of those points shall be disregarded for the purpose of a subsequent renewal of his practising certificate.

(6) The Medical Council may, in such special circumstances as it may determine, grant a practising certificate to a registered medical practitioner or renew his practising certificate even though he has failed to satisfy the Medical Council of the matter referred to in paragraph (1) or (2).

Duration of practising certificate

16E.—(1) A practising certificate shall be valid for a period of 24 months from the date it is granted or (if it is a renewal) from the date of expiry of the previous practising certificate of the registered medical practitioner.

(2) Notwithstanding paragraph (1), a practising certificate shall be valid for a period of 12 months from the date it is granted or (if it is a renewal) from the date of expiry of the previous practising certificate of the registered medical practitioner, if —

(a)	the registered medical practitioner applied for the grant or renewal of a practising certificate of a validity period of 12 months;
(b)	the Medical Council in granting or renewing the practising certificate is satisfied that he is unlikely to practise in Singapore for more than 12 months; or
(c)	the Medical Council in granting or renewing the practising certificate is satisfied that it is not in the public interest for him to hold a practising certificate of a validity period of more than 12 months.”.

Amendment of regulation 18

8. Regulation 18 (2) of the principal Regulations is amended by inserting, immediately after the words “Complaints Committee” in paragraph (a), the words “or (where the matter is referred to the Disciplinary Committee under section 40 (2) of the Act) the Medical Council”.

Amendment of regulation 30

9. Regulation 30 (1) of the principal Regulations is amended by deleting the words “laid before the Complaints Committee under section 40 (6) of the Act touches upon the physical or mental fitness of the practitioner to practise” and substituting the words “is laid before a Complaints Committee under section 40 (6A) (b) of the Act”.

Amendment of regulation 33

10. Regulation 33 of the principal Regulations is amended —

(a)	by inserting, immediately after the word “Where” in paragraph (1), the words “the Chairman of the Complaints Panel appointed under section 39(4) of the Act has referred any complaint or information to the Health Committee under section 40(6A)(a) of the Act, or where”; and
(b)	by deleting paragraph (3).

Amendment of regulation 39

11. Regulation 39 (2) of the principal Regulations is amended —

(a)

by deleting the words “section 48(1)(c) or (4)” and substituting the words “section 48(1)(c), (4) or (4A)”; and

(b)

by deleting sub-paragraph (b) and substituting the following sub-paragraph:

“(b)	the Council’s solicitor,”.

New Part VA

12. The principal Regulations are amended by inserting, immediately after regulation 39, the following Part:

“PART VA

proceedings of interim orders Committees

Definitions of this Part

39A. In this Part —

“initial hearing” means the first hearing by an Interim Orders Committee after a case has been referred to the Interim Orders Committee, including such a hearing that has been adjourned;

“review hearing” means a hearing of an Interim Orders Committee that is held in accordance with section 49C of the Act.

Notice of interim hearing

39B.—(1) Where any complaint or information regarding any registered medical practitioner has been referred to an Interim Orders Committee under section 49A(3) of the Act, the Council’s solicitor shall send a notice in Form E in the First Schedule to the registered medical practitioner —

(a)

informing him of the referral;

(b)

providing a brief statement of the matters which appear to raise the issue whether —

(i)	his registration should be suspended or made subject to conditions; and
(ii)	such action is necessary for the protection of members of the public or is otherwise in the public interest or is in his interest,

pending the conclusion of the proceedings against him in accordance with section 49G(2) of the Act;

(c)

stating the date, time and place at which the Interim Orders Committee is to hold a hearing of the case;

(d)

inviting him to —

(i)	submit his observations on the case, if any, in writing; and
(ii)	state whether he proposes to attend the hearing; and

(e)

informing him that he may be represented or accompanied at the hearing by his counsel.

(2) A hearing shall not be held earlier than 14 days after the date of the notice referred to in paragraph (1) except with the agreement of the registered medical practitioner or in an urgent case.

Initial hearing

39C.—(1) Before the date of an initial hearing (other than a hearing that has been adjourned), the Medical Council shall make available to each member of the Interim Orders Committee concerned —

(a)	a copy of the notice referred to in regulation 39B (1);
(b)	all the documents that have been produced in connection with the case; and
(c)	any observation in writing submitted by or on behalf of the registered medical practitioner pursuant to the notice.

(2) The Medical Council shall make available to the registered medical practitioner all the documents that have been made available to the Interim Orders Committee under paragraph (1)(b).

(3) Subject to paragraph (4), the Interim Orders Committee may receive oral, documentary or other evidence of any fact or matter which appears to it relevant to its inquiry.

(4) No person shall give oral evidence at the hearing unless the Interim Orders Committee considers that such evidence is necessary to enable it to discharge its functions.

(5) The Interim Orders Committee may, at any stage in its proceedings —

(a)	with the consent of the registered medical practitioner; or
(b)	where, after consultation with the legal assessor, it is satisfied that its reception is desirable to enable it to perform its functions,

allow a party to produce at the hearing any written evidence, notwithstanding that a copy has not been given to the other party before the hearing or that its author is not being called as a witness and, where such evidence is produced at the hearing, a copy shall be given to the registered medical practitioner, the Council’s solicitor and the Interim Orders Committee.

(6) At the hearing, the Interim Orders Committee may invite the Council’s solicitor to address it as to whether an order under section 49B of the Act should be made and the registered medical practitioner or his counsel shall be given the opportunity to speak last.

(7) Subject to paragraph (6), the procedure at the hearing shall be such as the Interim Orders Committee may determine.

(8) At the hearing, the Council’s solicitor and the registered medical practitioner or his counsel may, subject to paragraph (4), call witnesses and may put questions to any person called as a witness.

(9) Members of the Interim Orders Committee may put questions to any person called as a witness.

Review hearing

39D.—(1) Before a review hearing (other than a hearing that has been adjourned), the Medical Council shall make available to the Interim Orders Committee concerned —

(a)	a copy of the order which is to be reviewed and the reasons for the making of the order; and
(b)	all the documents that have been produced to an Interim Orders Committee in connection with the case at the initial hearing and all the documents that have been produced to an Interim Orders Committee in connection with the case since the order was made.

(2) The Medical Council shall make available to the registered medical practitioner all the documents that have been made available to the Interim Orders Committee under paragraph (1)(b).

(3) Paragraphs (4) and (5) of regulation 39C shall apply to a review hearing as they apply to an initial hearing.

(4) Subject to section 49E of the Act, an order referred to in section 49B of the Act may, with the prior written consent of the registered medical practitioner, be reviewed without convening a hearing.

Application of certain regulations to Interim Orders Committee

39E.—(1) Subject to paragraph (2), regulations 19 to 22 and 27 shall apply, with the necessary modifications, in relation to an Interim Orders Committee as they apply in relation to a Disciplinary Committee.

(2) For the purposes of paragraph (1) —

(a)	the period of 21 days before the date fixed for the commencement of an inquiry referred to in regulation 19 (2); and
(b)	the period of 10 days before such date referred to in regulation 20 (1),

shall each be substituted with the period of 7 days before the date fixed for the hearing by the Interim Orders Committee.

Decision of Interim Orders Committee

39F.—(1) An Interim Orders Committee shall give its decision and brief reasons for the decision orally at the end of a hearing or, where an order referred to in section 49B of the Act has been reviewed without convening a hearing pursuant to regulation 39D (4), at the conclusion of the review by the Interim Orders Committee.

(2) The Interim Orders Committee shall notify the registered medical practitioner of his right to apply to the High Court under section 49F(3) of the Act.

Concurrent proceedings

39G.—(1) The proceedings of an Interim Orders Committee in relation to a matter shall proceed concurrently with any proceedings of a Complaints Committee, a Disciplinary Committee or the Health Committee in relation to that matter.

(2) Any application to the High Court under section 49F of the Act in relation to a matter shall proceed concurrently with any proceedings of a Complaints Committee, a Disciplinary Committee or the Health Committee in relation to that matter.”.

Amendment of regulation 42

13. Regulation 42 (1) of the principal Regulations is amended by deleting the words “or the Health Committee” and substituting the words “, the Health Committee or an Interim Orders Committee”.

New regulation 42A

14. The principal Regulations are amended by inserting, immediately after regulation 42, the following regulation:

“Disclosure of information

42A. The Registrar may disclose any information in any register to any public officer or any officer of a statutory board if the Registrar is satisfied that such disclosure is necessary to enable the Government department concerned or statutory board to perform its public duty or if this is in the interest of public safety.”.

Amendment of First Schedule

15. The First Schedule to the principal Regulations is amended —

(a)

by deleting paragraph 5 of Form C and substituting the following paragraph:

“5. The grounds of my application are in the attached statement, and I make this solemn declaration by virtue of the Oaths and Declarations Act (Cap. 211), and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.”; and

(b)

by inserting, immediately after Form D, the following Form:

“THE SCHEDULE

Regulation 39B(1)

MEDICAL REGISTRATION ACT
(CHAPTER 174)

NOTICE OF INQUIRY BY
INTERIM ORDERS COMMITTEE

Date: .......................................

Dear Sir/Madam,

Notice is hereby given to you that a hearing is to be held by an Interim Orders Committee to determine whether, pending the conclusion of the inquiry or proceedings under Part VII of the Medical Registration Act —

(a) your registration should be suspended or made subject to conditions; and

(b) such action is necessary for the protection of members of the public or is otherwise in the public interest or in your interest or both,

arising from the facts and circumstances set out below.

The facts and circumstances are:
(state the matters giving rise to an interim inquiry by the Interim Orders Committee)

The hearing will be held on (specify date) at (specify place) at (specify time).

You are invited to submit observations on the case in writing and also to appear before the Interim Orders Committee at the place, date and time specified above, for the purpose of making submissions on the case. You may appear in person or by counsel. Please inform the secretary of the Council, at least 7 days before that date whether you will be appearing, and if so whether in person or by counsel.

If you intend to raise any defence at the hearing, you or your counsel shall, at least 7 days before the date fixed for the hearing, send to the Council’s solicitor the report of any expert witness whom you or your counsel intend to call at the interim inquiry. You are also requested to co-operate with the Council’s solicitor to prepare an agreed statement of facts and an agreed bundle of documents or exhibits to be used at the hearing.

If you desire to make any application that the hearing be postponed, you should send a written application to the secretary of the Council at least 7 days before the date fixed for commencement of the hearing, stating good reasons for such postponement.

Yours faithfully,

(Signed)
Council’s solicitor.

Amendment of Second Schedule

16. The Second Schedule to the principal Regulations is amended —

(a)

by inserting, immediately after the words “$250 per year” in item 3, the words “or part thereof”; and

(b)

by deleting item 9 and substituting the following items:

9. Application for restoration to a register under regulation 40

$500

10. Application for any amendment to the Register of Specialists

$100
per amendment

11. Appeal against a refusal of registration under section 29(5) of the Act or regulation 16 (3B)

$100.”9. Application for restoration to a register under regulation 40

New Third Schedule

17. The principal Regulations are amended by inserting, immediately after the Second Schedule, the following Schedule:

“THIRD SCHEDULE

Regulations 16A(1) and 16D (2)

Requisite Continuing Medical Education Points

In this Schedule —

“general core programme” means a core programme identified under regulation 16C (2) as a core programme for all registered medical practitioners;

“specific core programme” means a core programme identified under regulation 16C (2) as a core programme for registered medical practitioners of a specified description to which the registered medical practitioner belongs.

First column

Second column

Third column

Fourth column

Description of registered medical practitioner applying for grant or renewal of practising certificate

Requisite continuing medical education points

Minimum percentage of requisite continuing medical education points from core programmes and types of core programmes

Qualifying period

1. Practitioner (other than one referred to in item 3, 5 or 7) applying to renew a practising certificate which is valid for 24 months, including one applying to do so within 3 months after the expiry of the certificate

50 points

20% of the requisite continuing medical education points from one or more general or specific core programmes

The period of 2 years immediately preceding the year in which the current practising certificate expires

Illustration

If the practitioner’s current practising certificate expires on 1st June 2005, his qualifying period will be from 1st January 2003 to 31st December 2004.

2. Practitioner (other than one referred to in item 4, 6 or 8) applying to renew a practising certificate which is valid for 12 months, including one applying to do so within 3 months after the expiry of the certificate

25 points

20% of the requisite continuing medical education points from one or more general or specific core programmes

The period of one year immediately preceding the year in which the current practising certificate expires

Illustration

If the practitioner’s current practising certificate expires on 1st June 2005, his qualifying period will be from 1st January 2004 to 31st December 2004.

3. Practitioner (other than one referred to in item 7) applying to renew a practising certificate which is valid for 24 months, and who —

Pro-rated as follows:

A x 50 points
730
where A is the difference between 730 and the total number of days in the qualifying period during which he did not reside in Singapore or was unable to practise because of a physical or mental disability, or both

20% of the requisite continuing medical education points from one or more general or specific core programmes

The period of 2 years immediately preceding the year in which the current practising certificate expires

(a) did not reside in Singapore; or

(b) was unable to practise because of a physical or mental disability,

or both, for 180 days or more in total during the qualifying period

4. Practitioner (other than one referred to in item 8) applying to renew a practising certificate which is valid for 12 months, and who —

Pro-rated as follows:

B x 25 points
365

where B is the difference between 365 and the total number of days in the qualifying period during which he did not reside in Singapore or was unable to practise because of a physical or mental disability, or both

20% of the requisite continuing medical education points from one or more general or specific core programmes

The period of one year immediately preceding the year in which the current practising certificate expires

(a) did not reside in Singapore; or

(b) was unable to practise because of a physical or mental disability,

or both, for 90 days or more in total during the qualifying period

5. Practitioner (other than one referred to in item 3 or 7) who is registered in 2 branches of medicine under the Register of Specialists, applying to renew a practising certificate which is valid for 24 months, including one applying to do so within 3 months after the expiry of the certificate

50 points

20% of the requisite continuing medical education points from one or more core programmes in each of those branches of medicine

Illustration

If the practitioner is registered in Internal Medicine and Cardiology, he must obtain at least 10 points from one or more core programmes in Internal Medicine and at least 10 points from one or more core programmes in Cardiology.

The period of 2 years immediately preceding the year in which the current practising certificate expires

6. Practitioner (other than one referred to in item 4 or 8) who is registered in 2 branches of medicine under the Register of Specialists, applying to renew a practising certificate which is valid for 12 months, including one applying to do so within 3 months after the expiry of the certificate

25 points

20% of the requisite continuing medical education points from one or more core programmes in each of those branches of medicine

Illustration

If the practitioner is registered in Internal Medicine and Cardiology, he must obtain at least 5 points from one or more core programmes in Internal Medicine and at least 5 points from one or more core programmes in Cardiology.

The period of one year immediately preceding the year in which the current practising certificate expires

7. Practitioner applying to renew a practising certificate which is valid for 24 months for the first time

Pro-rated as follows:

C x 50 points
730

where C is the number of days between the date of issue of the current practising certificate and the end of the qualifying period

20% of the requisite continuing medical education points from one or more general or specific core programmes

The period of 2 years immediately preceding the year in which the current practising certificate expires

8. Practitioner applying to renew a practising certificate which is valid for 12 months for the first time

Pro-rated as follows:

D x 25 points
365

where D is the number of days between the date of issue of the current practising certificate and the end of the qualifying period

20% of the requisite continuing medical education points from one or more general or specific core programmes

The period of one year immediately preceding the year in which the current practising certificate expires

9. Practitioner applying for the grant of a practising certificate, other than one referred to in item 10

25 points

—

10. Practitioner applying for the grant of a practising certificate whose name was removed from the register

25 points

—

The period of 12 months prior to the date of application for restoration.”.

[G.N. No. S 355/2001]

Made this 22nd day of July 2003.

LEE SUAN YEW

President,
Singapore Medical Council.

[SMC1.2; AG/LEG/SL/174/2002/1 Vol. 1]

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