Malaysia legislation
Section 40
Section 40
(a)
be kept in confidence; and
(b)
not be disclosed to any other party unless with the prior consent of the patient or by an order of the court.
(2)
A registered practitioner shall properly notify and inform the patient of any harmful, unsafe or other effects which the traditional and complementary medicine services provided may produce, by themselves or in combination with other medicines, prior to providing, supplying or prescribing the patient with such services and shall maintain a record of such notification and information.
(3)
Where any traditional and complementary medicine services are provided, supplied or replaced pursuant to paragraph (4)(a)
by a registered practitioner or any person engaging or employing the practitioner to a patient, there shall be the following implied terms or guarantees:
(a)
an implied term that the traditional and complementary medicine services are free of any undisclosed illegal compound or substance or defect;
(b)
an implied term that the traditional and complementary medicines are safe for human consumption, ingestion or application and that there are no unknown effects or consequences;
(c)
an implied guarantee that the traditional and complementary medicines are fit for the particular purpose for which traditional and complementary medicine goods of the type or nature in question are supplied unless the patient did not rely on the practitioner’s skill or judgment or that it was unreasonable for the patient to so rely;
Act 775
(d)
an implied guarantee that the registered practitioner is suitably qualified, experienced and sufficiently trained to perform the traditional and complementary medicine services;
(e)
an implied guarantee that the traditional and complementary medicine services shall be carried out with reasonable care and skill;
(f)
an implied guarantee that the traditional and complementary medicine services resulting from the supplied services will be reasonably fit for any particular purpose and of such nature and quality that it can reasonably be expected to achieve the particular result or effect that the registered practitioner has advised the patient of;
and
(g)
an implied guarantee that the patient may reasonably rely on the registered practitioner’s skill or judgment, unless the circumstances show otherwise.
(4)
If any registered practitioner or any person engaging or employing the registered practitioner fails to comply with the implied terms or guarantees under subsection (3), the patient may choose to exercise the following rights:
(a)
cancel the contract with the registered practitioner or the person engaging or employing the practitioner, without any liability; or
(b)
obtain from the registered practitioner and the person engaging or employing the practitioner, compensation for any loss or damage suffered; or
(c)
obtain a refund of all monies paid by the patient to the registered practitioner and the person engaging or employing the practitioner, as the case maybe.
(5)
Subsections (1), (2), (3) and (4) shall have effect notwithstanding anything to the contrary in any agreement.
(6)
If a registered practitioner is engaged or employed by any person, the person shall be jointly liable with the practitioner for any failure to comply with subsections (1), (2), (3) and (4)
and it shall not be a defence for such person that such failure to comply with subsections (1), (2), (3) and (4) was due to the registered practitioner acting on his own.
Traditional and Complementary Medicine 33
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