Malaysia legislation
Section 34A
Section 34A
(a)
any University or University College established in accordance with the Universities and University Colleges
Act 1971 [Act 30]; or
(b)
any educational institution specified in the Third Schedule, to carry out, in pursuance of the course of study, any investigation, examination or treatment of patients in any hospital, clinic, health centre or other institution which is approved by the Minister for the purposes of this section by notification in the Gazette; provided that the investigation, examination or treatment is carried out by the person under the control and supervision of a fully registered medical practitioner who holds a current and valid annual practising certificate.
(2)
For the purposes of paragraph (1)(b), no educational institution shall be specified in the Third Schedule unless—
(a)
it is an educational institution registered under the
*Education Act 1996 [Act 550] or any law in connection with the registration of an educational institution; and
(b)
is affiliated with any institution specified in the second column of the Second Schedule for the purpose of granting to the students of the educational institution the specified qualification appearing against the institution.
*NOTE—This Act has replaced Education Act 1961 [Act 43/1961] – see section 155 Act 550.
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(3)
Any healthcare facility and services managed and operated by the Government and approved by the Minister under subsection (1)
shall not be liable for any injury, loss or damage of a civil nature occasioned to any patient or other person solely in consequence of any investigation, examination or treatment of patient under subsection (1)
by a person pursuing a course of study in medicine or surgery specified under subsection (1); provided that nothing in this subsection shall be construed as conferring on the person or on the University or
University College or approved educational institution where he is pursuing the undergraduate course of study or on any officer or employee of the University or University College or approved educational institution any immunity from any liability for such injury, loss or damage.
(4)
The Minister may amend the Third Schedule by a notification in the Gazette.
Liability of the Government for torts committed by non-Government practitioners while attending to patients at the request of or by arrangement with the Government