No. S 528
Medical Registration Act
(Chapter 174)
Medical Registration (Amendment) Regulations 2010
In exercise of the powers conferred by section 70 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 2010 and shall come into operation on 20th September 2010.
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 inserting, immediately after the definition of “Disciplinary Committee”, the following definition:
“ “disciplinary offence” means an act or omission in respect of which a practitioner may be subject to disciplinary proceedings under the Act;”; and
(b)by inserting, immediately after the definition of “legal assessor”, the following definition:
“ “party” means a party to an inquiry by a Disciplinary Committee;”.
Amendment of regulation 16
3.  Regulation 16 of the principal Regulations is amended by inserting, immediately after paragraph (3), the following paragraph:
“(3AA)  In imposing any conditions or restrictions under paragraph (3), the Medical Council shall have regard to the advice of the Board, under section 35(1)( f) of the Act, on any matters affecting, or connected with the registration of, a particular specialist or specialists generally.”.
New regulation 19A
4.  The principal Regulations are amended by inserting, immediately after regulation 19, the following regulation:
“Power to make orders and give directions for just, expeditious and economical disposal of inquiries
19A.—(1)  The Disciplinary Committee may, at any time after it is appointed, of its own motion or on the application of any party, direct any party or the parties to attend a pre-inquiry conference before the Chairman of the Disciplinary Committee, in order that the Chairman may make such orders or give such directions of an administrative nature as he thinks fit for the just, expeditious and economical disposal of the inquiry.
(2)  For the purposes of the pre-inquiry conference, the Chairman of the Disciplinary Committee may be assisted by a legal assessor.
(3)  The Chairman of the Disciplinary Committee may adjourn a pre-inquiry conference from time to time, either generally or to a particular date, as may be appropriate.
(4)  The Chairman may, in exercising his powers under this regulation, make such recommendation as to costs, as he thinks fit, to the Disciplinary Committee, including costs occasioned by any non-compliance with a direction given or an order made by the Chairman under this regulation.”.
New regulation 22A
5.  The principal Regulations are amended by inserting, immediately after regulation 22, the following regulation:
“Medical Council may consent to amendment, etc., of charges
22A.—(1)  The Medical Council shall consider any representations received from a practitioner, or an advocate and solicitor representing him, in respect of any charge framed against him and may, if the Medical Council considers it fair and expedient to do so, consent to —
(a)the subsequent amendment, withdrawal, substitution or amalgamation by the Disciplinary Committee of one or more charges against the practitioner; or
(b)the taking into consideration of one or more charges by the Disciplinary Committee for the purposes of exercising its powers under section 45(2) of the Act.
(2)  The Medical Council may appoint a committee to exercise the powers and functions of the Medical Council under paragraph (1).
(3)  The number and term of office of the members of a committee appointed under paragraph (2), and the number of those members necessary to form a quorum, shall be fixed by the Medical Council at the time of the appointment of the committee.”.
New regulations 23A to 23E
6.  The principal Regulations are amended by inserting, immediately after regulation 23, the following regulations:
“Disciplinary Committee may alter charge or frame new charge
23A.—(1)  The Disciplinary Committee may alter a charge or frame a new charge, whether in substitution for or in addition to an existing charge, at any time before it makes a finding under section 45(1) of the Act.
(2)  An altered charge or a new charge must be read and explained to the practitioner.
(3)  If a charge is altered or a new charge is framed under paragraph (1), the Disciplinary Committee must immediately call on the practitioner to enter his plea and to state whether he is ready for the inquiry to proceed on the altered or new charge.
(4)  If the practitioner declares that he is not ready for the inquiry to proceed on the altered or new charge, the Disciplinary Committee must duly consider any reason he gives.
(5)  Notwithstanding paragraph (4), if the Disciplinary Committee thinks that proceeding immediately with the inquiry is unlikely to prejudice the practitioner’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Committee may proceed with the inquiry.
(6)  If, after considering any reason given by the practitioner under paragraph (4), the Disciplinary Committee thinks that proceeding immediately with the inquiry is likely to prejudice the practitioner’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Committee may direct a new inquiry or adjourn the inquiry for as long as it thinks necessary.
(7)  If a charge is altered or a new charge is framed by the Disciplinary Committee after the start of an inquiry, the Council’s solicitor and the practitioner must, on application to the Disciplinary Committee by either party, be allowed to recall or re-summon and examine any witness who may have been examined, with respect to the altered or new charge only, unless the Disciplinary Committee thinks that the application is frivolous or vexatious, or is otherwise an abuse of process.
Joining of similar disciplinary offences and inquiry for more than one disciplinary offence
23B.—(1)  When a practitioner is alleged to have committed 2 or more disciplinary offences, a single inquiry into any number of those disciplinary offences may be held if the disciplinary offences form or are a part of a series of disciplinary offences of the same or a similar character.
(2)  If, in one series of acts or omissions so connected as to form the same transaction, 2 or more disciplinary offences are committed by the same practitioner, then a single inquiry into every such disciplinary offence may be held.
Inquiries against 2 or more practitioners
23C.  A joint inquiry or separate inquiries may be held against —
(a)2 or more practitioners alleged to have committed the same disciplinary offence in the same transaction;
(b)2 or more practitioners alleged to have committed different disciplinary offences in the same transaction;
(c)2 or more practitioners alleged to have committed 2 or more disciplinary offences which form or are a part of a series of disciplinary offences of the same or a similar character;
(d)2 or more practitioners alleged to have committed 2 or more disciplinary offences, if all of those offences arise from the same series of acts or omissions, whether or not they form the same transaction; or
(e)one or more practitioners alleged to have committed a disciplinary offence and one or more practitioners alleged to have abetted or attempted to commit that disciplinary offence.
Single or joint inquiries with consent
23D.—(1)  A Disciplinary Committee may inquire into 2 or more disciplinary offences together at a single inquiry or order a joint inquiry, notwithstanding that it cannot do so by virtue of regulation 23B or 23C, if —
(a)in a case where a practitioner is charged with 2 or more disciplinary offences, the Medical Council and the practitioner consent to have all such disciplinary offences dealt with at the same inquiry; or
(b)in a case where 2 or more practitioners are charged with separate disciplinary offences, the Medical Council and all such practitioners consent to a joint inquiry.
(2)  Notwithstanding paragraph (1), the Disciplinary Committee shall not hold a single or joint inquiry in relation to a practitioner who had earlier given consent under that paragraph, if —
(a)at the time when the consent was given, the practitioner was not represented by counsel; and
(b)at the time of the inquiry, that practitioner objects to the Disciplinary Committee holding the single or joint inquiry.
Separate inquiry where practitioner is prejudiced
23E.—(1)  Notwithstanding any other provision in these Regulations, a Disciplinary Committee may order, before or at any stage of an inquiry in relation to a practitioner, that a separate inquiry be held into one or more disciplinary offences alleged to have been committed by the practitioner, if the Disciplinary Committee is of the view that the practitioner may be prejudiced or embarrassed in his defence because —
(a)a single inquiry is being held into more than one disciplinary offence under regulation 23B or 23D(1)(a); or
(b)a joint inquiry is being held under regulation 23C or 23D(1)(b) against the practitioner together with one or more other practitioners.”.
Deletion and substitution of regulation 25
7.  Regulation 25 of the principal Regulations is deleted and the following regulation substituted therefor:
“Outstanding charges
25.—(1)  Where a Disciplinary Committee makes a finding under section 45(1) of the Act against a practitioner in respect of a disciplinary offence, the Disciplinary Committee, in exercising its powers under section 45(2) of the Act, may, with the consent of the Medical Council and the practitioner, take into consideration any other outstanding disciplinary offences that the practitioner admits to have committed.
(2)  After the Disciplinary Committee has exercised its powers under section 45(2) of the Act, no disciplinary action shall, unless the findings of the Disciplinary Committee in respect of the original disciplinary offence referred to in paragraph (1) are set aside, be taken against the practitioner in respect of any such other disciplinary offences that the Disciplinary Committee had taken into consideration under this regulation.”.
Deletion and substitution of regulation 42
8.  Regulation 42 of the principal Regulations is deleted and the following regulation substituted therefor:
“Duty of legal assessor
42.—(1)  Where a legal assessor has been invited to be present at any proceedings before the Medical Council, a Complaints Committee, a Disciplinary Committee, the Health Committee or an Interim Orders Committee (collectively or individually referred to in this regulation as the Committee), he shall —
(a)advise the Committee on questions of law arising in proceedings before the Committee; and
(b)assist with the drafting of decisions of the Committee (notwithstanding that the legal assessor will not himself be a party to those decisions).
(2)  Without prejudice to the generality of paragraph (1), the legal assessor shall, in proceedings before the Committee —
(a)advise the Committee on any question of law that is referred to him by the Committee;
(b)intervene to advise the Committee on an issue of law where it appears to him that, without his intervention, there is the possibility of a mistake of law being made; and
(c)intervene to advise the Committee of any irregularity in the conduct of the proceedings which comes to his knowledge.
(3)  The advice of the legal assessor shall be tendered in the presence of every party or representative of a party who is present at the proceedings, except where the Committee considers that it would be prejudicial to the discharge of the Committee’s duties for the advice to be tendered in the presence of the parties or their representatives.”.
[G.N. Nos. S 355/2001; S 357/2003; S 757/2004; S 664/2005; S 124/2007; S 460/2007; S 333/2009; S 382/2009]

Made this 16th day of September 2010.

ONG YONG YAU
President,
Singapore Medical Council.
[SMC 1.2; AG/LLRD/SL/174/2010/2 Vol. 1]
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