Malaysia legislation
Section 25
Section 25
The principal Act is amended by inserting after section 29
the following section:
“Interim orders 29a. (1) Where upon due inquiry into any complaint or information referred to it, a Disciplinary Board is satisfied that it is necessary for the protection of the members of the public or it is otherwise in the public interest, or it is in the interest of a registered medical practitioner for his registration to be suspended or to be made subject to conditions, the
(a)
that his registration in the appropriate register be suspended for such period not exceeding twelve months as may be specified in the order (referred to in this Part as an interim suspension order); or
(b)
that his registration be continued on his compliance, during such period not exceeding twelve months as may be specified in the order, of such requirement as the Disciplinary Board thinks fit to impose (referred to in this Part as an order for interim restricted registration).
(2)
The Registrar shall immediately serve a notification of the order under subsection (1) on the registered medical practitioner.
(3)
Subject to subsection (1), where a Disciplinary Board has made an order under this section, the Disciplinary Board or another Disciplinary Board appointed in its place—
(a)
shall review it within a period of six months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it before the end of a period of three months beginning on the date of the decision of the immediately preceding review; and
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Medical (Amendment)
(b)
may review it where new evidence relevant to the order has become available after the making of the order.
(4)
Where an interim suspension order or an order for interim restricted registration has been made under this section in relation to any person, the Disciplinary Board that made the order or another Disciplinary Board appointed in its place under subsection (3) may—
(a)
revoke the order or revoke any condition imposed by the order;
(b)
make an order varying any condition imposed by the order;
(c)
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 interest of the registered medical practitioner concerned, or that the registered medical practitioner has not complied with any requirement imposed as a condition of his registration in the order for interim restricted registration, replace that order with the interim suspension order having effect for the remainder of the former; or
(d)
if satisfied that the public interest or the interest of the registered medical practitioner concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension with an order for interim restricted registration having effect for the remainder of the period of the former.
(5)
The Registrar shall immediately serve a notification of the decision under subsection (4) on the registered medical practitioner.
(6)
The Disciplinary Board may apply to the President for an order made under subsection (1) to be extended, and may apply again for further extension.
(7)
On such an application, the President may extend (or further extend) for up to six months the period for which the order has effect.
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(8)
An interim suspension order or an order for interim restricted registration shall be in force until—
(a)
the end of the period specified in the order or, if extended under subsection (7), in the order extending it; or
(b)
the date on which proceedings are concluded, whichever is the earlier.
(9)
While a person’s registration in the Register is suspended by virtue of an interim suspension order, he shall not be regarded as being registered notwithstanding that his name still appears in the Register.
(10)
Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered medical practitioner shall be revived from the date of such expiry or revocation, provided that he has complied with all the terms of the order.
(11)
Any registered medical practitioner who is aggrieved by the decision of the Disciplinary Board or President under this section may appeal in writing to the Minister.
(12)
The Minister may confirm, reverse or vary the decision of Disciplinary Board or President.
(13)
The Minister’s decision on any appeal under subsection (11) shall be final and binding.”.
Substitution of section 30