On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 15/09/2012.
PART VIII
GENERAL
60.
—(1) All fees, penalties and other moneys payable under this Act shall be paid to the Medical Council and any fee, penalty or other moneys not paid may be recoverable by the Medical Council as a debt due to the Medical Council.
(2) All moneys received by the Medical Council or the Registrar shall be paid into the funds of the Medical Council.
(3) The costs and expenses of and incidental to the performance of the functions of the Medical Council, the Complaints Committees, the Disciplinary Tribunals, the Health Committee and any other committee appointed by the Medical Council under this Act shall be paid by the Medical Council out of its funds.
(4) The Minister may pay into the funds of the Medical Council such sum of money out of moneys to be provided by Parliament as the Minister may determine.
(4A) The Medical Council may invest moneys belonging to its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act (Cap. 1).
(5) The Medical Council shall keep full and proper accounts of all moneys received and expended by it and the accounts shall be audited by an auditor or auditors approved by the Minister.
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60A.
—(1) The Medical Council may, in writing, appoint a member or an employee of the Medical Council, a public officer or any other person as an investigator, subject to such conditions and limitations as the Medical Council may specify —
(a)
to investigate the commission of an offence under this Act; or
(b)
to carry out an investigation under Part VII.
(2) An investigator may, for the purposes of subsection (1) —
(a)
by order in writing require any person —
(i)
to furnish any information within his knowledge; or
(ii)
to produce any book, document, paper or other record, or any article or thing which may be in his custody or possession and which may be related to or be connected with the subject-matter of the investigation for inspection by the investigator and for making copies thereof, or to provide copies of such book, document, paper or other record,
and may, if necessary, further require such person to attend at a specified time and place for the purpose of complying with sub-paragraph (i) or (ii);
(b)
by order in writing require the attendance before him of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation;
(c)
examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation, and to reduce into writing the answer given or statement made by that person who shall be bound to state truly the facts and circumstances with which he is acquainted, and the statement made by that person shall be read over to him and shall, after correction, be signed by him; and
(d)
without warrant enter, inspect and search during regular business hours any premises which are used or proposed to be used, or in respect of which there is reasonable cause to believe are being used by the registered medical practitioner who is under investigation to carry out the practice of medicine and may —
(i)
inspect and make copies of and take extracts from, or require the registered medical practitioner or the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out thereat;
(ii)
inspect any apparatus, appliance, equipment or instrument used or found on the premises;
(iii)
inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises;
(iv)
inspect, test, examine, take and remove any container, article or other thing that the investigator reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises;
(v)
inspect any test or procedure performed or carried out on the premises;
(vi)
take such photographs or video recording as he thinks necessary to record the premises or part thereof, including any apparatus, appliance, equipment, instrument, article, book, document or record found on the premises; and
(vii)
seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the investigator reasonably believes to be the subject-matter of, or to be connected with, an investigation under subsection (1)(a) or (b).
(3) Any person who —
(a)
intentionally offers any resistance to or wilfully delays an investigator in the exercise of any power under subsection (2); or
(b)
fails to comply with any requisition or order of an investigator under subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4) In this section, “record” includes the medical record of any person.
61.
—(1) For the purposes of advising the Medical Council or any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee in proceedings before any of them under the provisions of this Act, the Medical Council may appoint an assessor to the Medical Council who shall be an advocate and solicitor of not less than 10 years’ standing.
[46/2002]
(2) Any assessor appointed under this section shall not participate or sit in any deliberations of the Medical Council or any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee unless invited to do so, and his participation shall be limited only to questions of law arising from the proceedings.
[46/2002]
(3) The Medical Council may pay to persons appointed to act as assessors such remuneration, to be paid as part of the expenses of the Medical Council, as the Medical Council may determine.
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62. Any person who —
(a)
procures or attempts to procure registration or a certificate of registration as a medical practitioner or a practising certificate under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise;
(b)
wilfully makes or causes to be made any false entry in any register maintained under this Act;
(c)
forges or alters any certificate of registration as a medical practitioner or any practising certificate issued under this Act;
(d)
fraudulently or dishonestly uses as genuine any certificate of registration as a medical practitioner or any practising certificate which he knows or has reason to believe is forged or altered; or
(e)
buys, sells or fraudulently obtains a certificate of registration as a medical practitioner or any practising certificate issued under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
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63.
—(1) No registered medical practitioner whose registration in the appropriate register is suspended under Part VII shall practise medicine or act as a medical practitioner during his suspension.
[46/2002]
(2) Any registered medical practitioner who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
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64.
—(1) No registered medical practitioner shall —
(a)
use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by him for the practice of medicine any qualification other than the qualifications which are entered in any register kept under this Act or which has been approved by the Medical Council; or
(b)
use any title, addition or designation other than the title, addition or designation which has been approved by the Medical Council.
(2) Any registered medical practitioner who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.
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65.
—(1) A registered medical practitioner who is not registered under section 22 as a specialist in a branch of medicine shall not —
(a)
practise medicine or that branch of medicine under the style or title of a specialist in that branch of medicine, or under any name, title, addition or description implying that he is such a specialist or has any degree, qualification or experience in that branch of medicine; or
(b)
advertise or hold himself out as a specialist in that branch of medicine.
[46/2002]
(1A) A registered medical practitioner who is not registered under section 22A as a family physician shall not —
(a)
practise under any name, title, addition or description implying that he is registered under that section as a family physician or has any degree, qualification or experience that could make him eligible for such registration; or
(b)
advertise or hold himself out as being registered as a family physician.
(2) A registered medical practitioner who contravenes subsection (1) or (1A) may be subject to disciplinary proceedings under this Act.
[54A
[46/2002]
66. All ships’ surgeons while in discharge of their duties relating to the treatment of cabin crew and passengers on board shall be —
(a)
exempted from registration and from compliance with section 13 relating to practising certificate; and
(b)
entitled to all the privileges of registered medical practitioners under this Act.
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66A.
—(1) The Medical Council may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(3) The Medical Council may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
(4) All sums collected under this section shall be paid into the funds of the Medical Council.
Duty of medical practitioner to inform Medical Council of medical practitioners who are unfit to practise
67.
—(1) A registered medical practitioner who treats or attends to another registered medical practitioner who is, in the opinion of the medical practitioner treating or attending to him, unfit to practise as a medical practitioner by reason of his mental or physical condition shall inform the Medical Council accordingly.
(2) Any registered medical practitioner who fails to comply with subsection (1) may be subject to disciplinary proceedings under this Act.
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68. No action or proceedings shall lie against the Medical Council, a Complaints Committee, a Disciplinary Tribunal, the Health Committee or any other committee appointed by the Medical Council or any member or employee thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.
[57
69. A Magistrate’s Court or a District Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of the offence.
[57A
[28/2000]
70.
—(1) Subject to the provisions of this Act, the Medical Council may, with the approval of the Minister, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration thereof.
(2) Without prejudice to the generality of subsection (1), the Medical Council may, with the approval of the Minister, make regulations —
(a)
prescribing the time, place and procedure for the election of members of the Medical Council;
(b)
regulating the grant and renewal of practising certificates, including prescribing conditions for such grant and renewal;
(c)
regulating the registration of medical practitioners;
(d)
prescribing the procedure of any committee appointed by the Medical Council under this Act and the conduct of any proceedings by such committee;
(e)
enabling a Disciplinary Tribunal, the Health Committee and an Interim Orders Committee to order and give discovery and inspection of documents for the purpose of any proceedings before them;
(f)
regulating the professional practice, etiquette, conduct and discipline of registered medical practitioners;
(g)
prescribing the forms necessary for the administration of this Act;
(h)
regulating the removal and restoration of names in any register kept under this Act;
(i)
prescribing the duties and functions of the assessor to the Medical Council;
(j)
prescribing the fees including, in the case of a practising certificate under this Act, a late application fee for late applications and other charges for the purposes of this Act;
(k)
prescribing the penalties for failure to comply with the provisions of this Act; and
(l)
generally providing for such other matters as may be necessary or expedient for carrying out the provisions of this Act.
[46/2002]
(3) Regulations made under this Act may make different provision for different classes of persons and different circumstances.
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