On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 15/09/2012.
50.
—(1) The Medical Council may from time to time appoint one or more Disciplinary Tribunals, each comprising —
(a)
a chairman, from a panel appointed by the Minister, who shall be —
(i)
a registered medical practitioner of not less than 20 years’ standing;
(ii)
a person who has at any time held office as a Judge or Judicial Commissioner of the Supreme Court;
(iii)
an advocate and solicitor of not less than 15 years’ standing as an advocate and solicitor; or
(iv)
an officer in the Singapore Legal Service who has in the aggregate not less than 15 years of full-time employment in the Singapore Legal Service;
(b)
subject to paragraph (c)(ii), not less than 2 registered medical practitioners of not less than 10 years’ standing from among members of the Complaints Panel; and
(c)
where the chairman is a registered medical practitioner —
(i)
one observer from among members of the Complaints Panel who is a lay person; or
(ii)
a member who is a person referred to in paragraph (a)(ii), (iii) or (iv), in lieu of one of the registered medical practitioners referred to in paragraph (b),
to inquire into any matter in respect of which a Complaints Committee has under section 49(2)(b) ordered that a formal inquiry be held or into any matter referred to the Disciplinary Tribunal under section 39(4).
(2) A member of a Complaints Committee inquiring into any matter concerning a registered medical practitioner shall not be a member of a Disciplinary Tribunal inquiring into the same matter.
(3) The observer appointed under subsection (1)(c)(i) shall not vote on any question or matter to be decided by the Disciplinary Tribunal and need not be present at every meeting of the Disciplinary Tribunal.
(4) A Disciplinary Tribunal may be appointed in connection with one or more matters or for a fixed period of time as the Medical Council may think fit.
(5) The Medical Council may at any time revoke the appointment of any Disciplinary Tribunal or may remove any member of a Disciplinary Tribunal or fill any vacancy in a Disciplinary Tribunal.
(6) Without prejudice to the generality of subsection (5), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the Medical Council may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter.
(7) The Disciplinary Tribunal so reconstituted or appointed under subsection (6) may, with the consent of the Medical Council and the registered medical practitioner to whom the complaint relates, and having regard to the evidence given, the arguments adduced and any order made during the proceedings before the previous Disciplinary Tribunal, hear and investigate the matter afresh.
(8) The production of any written instrument purporting to be signed by the Medical Council and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment or revocation has been duly made.
(9) Every member of a Disciplinary Tribunal appointed under subsection (1) shall be paid such remuneration as the Medical Council may determine.
(10) No act done by or under the authority of a Disciplinary Tribunal shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(11) Subject to subsection (3), all members of a Disciplinary Tribunal shall be personally present at any meeting thereof to constitute a quorum for the transaction of any business.
(12) Subject to subsection (3), all members of a Disciplinary Tribunal present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes —
(a)
where the chairman is a registered medical practitioner, the chairman shall have a casting vote; or
(b)
where the chairman is not a registered medical practitioner, the question shall be determined by a majority of votes of the members of the Disciplinary Tribunal who are registered medical practitioners, and if there is no such majority of votes, the question shall be resolved in favour of the registered medical practitioner under inquiry.
51.
—(1) A Disciplinary Tribunal shall meet from time to time to inquire into any matter referred to it by the Medical Council and may regulate its own procedure.
(2) A member of a Disciplinary Tribunal shall, notwithstanding that he has ceased to be a member of the Complaints Panel or panel referred to in section 50(1)(a) on the expiry of his term of office, continue to be a member of the Disciplinary Tribunal until such time as the Disciplinary Tribunal has completed its work.
(3) The registered medical practitioner concerned may appear in person or be represented by counsel.
(4) A Disciplinary Tribunal shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
(5) A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents.
(6) The subpoenas referred to in subsection (5) shall be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court.
(7) Any person giving evidence before a Disciplinary Tribunal shall be legally bound to tell the truth.
(8) Witnesses shall have the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if such hearings were proceedings in a court of law.
(9) A Disciplinary Tribunal shall carry out its work expeditiously and may apply to the Medical Council for an extension of time and for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make its finding and order within 6 months from the date of its appointment.
(10) When an application for extension of time has been made under subsection (9), the Medical Council may grant an extension of time for such period as it thinks fit.
(11) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include any such investigation.
52.
—(1) Where, in the course of inquiring into the case of a registered medical practitioner, it appears to a Disciplinary Tribunal that his fitness to practise may be impaired by reason of his physical or mental condition, the Disciplinary Tribunal may refer that question to a Health Committee for determination.
(2) If, on a reference under this section, the Health Committee determines that the fitness of the registered medical practitioner to practise is not impaired by reason of his physical or mental condition, the Health Committee shall certify its opinion to the Disciplinary Tribunal.
(3) If, on a reference under this section, the Health Committee determines that the fitness of the registered medical practitioner to practise is impaired by reason of his physical or mental condition, the Health Committee shall —
(a)
certify its opinion to the Disciplinary Tribunal; and
(b)
proceed to dispose of the case in accordance with section 58,
and the Disciplinary Tribunal shall cease to exercise its function in relation to the case.
53.
—(1) Where a registered medical practitioner is found by a Disciplinary Tribunal —
(a)
to have been convicted in Singapore or elsewhere of any offence involving fraud or dishonesty;
(b)
to have been convicted in Singapore or elsewhere of any offence implying a defect in character which makes him unfit for his profession;
(c)
to have been guilty of such improper act or conduct which, in the opinion of the Disciplinary Tribunal, brings disrepute to his profession;
(d)
to have been guilty of professional misconduct; or
(e)
to have failed to provide professional services of the quality which is reasonable to expect of him,
the Disciplinary Tribunal may exercise one or more of the powers referred to in subsection (2).
(2) For the purposes of subsection (1), the Disciplinary Tribunal may —
(a)
by order remove the name of the registered medical practitioner from the appropriate register;
(b)
by order suspend the registration of the registered medical practitioner in the appropriate register for a period of not less than 3 months and not more than 3 years;
(c)
where the registered medical practitioner is a fully registered medical practitioner in Part I of the Register of Medical Practitioners, by order remove his name from Part I of that Register and register him instead as a medical practitioner with conditional registration in Part II of that Register, and section 21(4) to (9) shall apply accordingly;
(d)
where the registered medical practitioner is registered in any register other than Part I of the Register of Medical Practitioners, by order impose appropriate conditions or restrictions on his registration;
(e)
by order impose on the registered medical practitioner a penalty not exceeding $100,000;
(f)
by writing censure the registered medical practitioner;
(g)
by order require the registered medical practitioner to give such undertaking as the Disciplinary Tribunal thinks fit to abstain in future from the conduct complained of; or
(h)
make such other order as the Disciplinary Tribunal thinks fit, including any order that a Complaints Committee may make under section 49(1).
(3) In any proceedings instituted under this Part against a registered medical practitioner consequent upon his conviction for a criminal offence, a Disciplinary Tribunal and the High Court on appeal from any order of the Disciplinary Tribunal shall accept his conviction as final and conclusive.
(4) Where a registered medical practitioner is not found by a Disciplinary Tribunal to have been convicted or guilty of any matter referred to in subsection (1), the Disciplinary Tribunal shall dismiss the complaint or matter.
(5) A Disciplinary Tribunal may under subsection (2) order the registered medical practitioner concerned to pay to the Medical Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Tribunal and, where applicable, an Interim Orders Committee.
(6) The High Court shall have jurisdiction to tax such costs referred to in subsection (5) and any such order for costs made shall be enforceable as if it were ordered in connection with a civil action in the High Court.
(7) The Disciplinary Tribunal in ordering that costs be paid by the registered medical practitioner under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Tribunal shall have the same effect as if it were a certification by a Judge in a civil action in the High Court.
(8) The costs and expenses referred to in subsection (5) shall include —
(a)
the costs and expenses of any assessor and advocate and solicitor appointed by the Medical Council for proceedings before the Disciplinary Tribunal and the Interim Orders Committee;
(b)
such reasonable expenses as the Medical Council may pay to witnesses; and
(c)
such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Tribunal and the Interim Orders Committee.
54.
—(1) Where a registered medical practitioner, in respect of whom an order under section 53(2)(c) or (d), 59B(1)(b) or 59D(1)(d) is made, is found by a Disciplinary Tribunal (whether, in the case of an order under section 53(2)(c) or (d), it is the Disciplinary Tribunal that made the order or another Disciplinary Tribunal appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions or restrictions of his registration, the Disciplinary Tribunal may, if it thinks fit, by order —
(a)
remove his name from the appropriate register; or
(b)
suspend his registration in the appropriate register for such period not exceeding 12 months as may be specified in the order.
(2) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b), the Disciplinary Tribunal may make an order under section 53(2)(c) or (d), to take effect from the expiry of the current period of suspension.
(3) Where a Disciplinary Tribunal has made an order for suspension under subsection (1)(b) or section 53(2)(b) against a registered medical practitioner and he has failed to comply with that order, the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may, if it thinks fit —
(a)
by order remove his name from the appropriate register; or
(b)
make an order under section 53(2)(c) or (d), to take effect from the expiry of the current period of suspension.
(4) Where a Disciplinary Tribunal has made an order under section 53(2)(c) or (d), the Disciplinary Tribunal or another Disciplinary Tribunal appointed in its place may revoke the order or revoke or vary any of the conditions or restrictions imposed by the order.
(5) Subsection (1) shall apply to a registered medical practitioner whose registration is subject to conditions or restrictions imposed by an order made under subsection (2) or (3) as it applies to a registered medical practitioner whose registration is subject to conditions or restrictions imposed by an order made under section 53(2)(c) or (d), and subsection (4) shall apply accordingly.
(6) Where a Disciplinary Tribunal has made an order under section 53 or this section, or has varied the conditions or restrictions imposed by an order under this section, the Registrar shall immediately serve on the registered medical practitioner and on the complainant a notice of the order or the variation.
(7) Subject to subsection (8), an order made by a Disciplinary Tribunal for the removal of the name of a registered medical practitioner from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 53(2) shall not take effect until the expiration of 30 days after the order is made.
(8) On making an order for the removal of the name of a registered medical practitioner from the appropriate register or for the suspension of his registration under subsection (1) or (3) or section 53(2), a Disciplinary Tribunal, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered medical practitioner concerned, may order that his name be removed from the register or that his registration in the register be suspended immediately.
(9) Where an order under subsection (8) is made, the Registrar shall immediately serve a notice of the order on the person to whom it applies and —
(a)
if that person was present or represented at the proceedings of the Disciplinary Tribunal, the order shall take effect from the time the order is made; or
(b)
if that person was neither present nor represented at the proceedings of the Disciplinary Tribunal, the order shall take effect from the date of service of the notice on him.
(10) An order of a Disciplinary Tribunal, other than an order for the removal of any name or for the suspension of any registration under subsection (1) or (3) or section 53(2)(a) or (b), shall take effect from the date the order is made.
(11) While any order for the suspension of any registration remains in force, the person concerned shall not be regarded as being registered, notwithstanding that his name still appears in the register, but immediately on the expiry of such order, his rights and privileges as a registered medical practitioner shall be revived as from the date of such expiry provided that the medical practitioner has complied with all the terms of the order.
55.
—(1) A registered medical practitioner or the Medical Council who is dissatisfied with a decision of the Disciplinary Tribunal referred to in section 53(2), (4) or (5) or 54 (referred to in this section as the decision of the Disciplinary Tribunal) may, within 30 days after the service on the registered medical practitioner of the notice of the order, appeal to the High Court against the order (referred to in this section as an appeal to the High Court).
(2) A complainant who is dissatisfied with the decision of the Disciplinary Tribunal may, within 30 days after the lapse of the period for appeal in subsection (1), provided he has not received notice of the Medical Council’s decision to file an appeal to the High Court, apply to a Review Committee to direct the Medical Council to file an appeal to the High Court.
(3) For the purposes of hearing applications under subsection (2), the Minister may from time to time appoint one or more Review Committees, each comprising —
(a)
one member from the panel referred to in section 50(1)(a); and
(b)
2 members who shall be registered medical practitioners of not less than 10 years’ standing.
(4) The chairman of a Review Committee shall be appointed by the Minister from among its 3 members.
(5) A Review Committee shall not be bound by the rules of evidence and shall regulate its own proceedings.
(6) Upon an application under subsection (2), the Review Committee may, if it is unanimously of the opinion that there are sufficient grounds for the decision of the Disciplinary Tribunal to be appealed against to the High Court, direct the Medical Council to file an appeal to the High Court.
(7) Before exercising its power under subsection (6), the Review Committee shall give to both the Medical Council and the registered medical practitioner concerned a reasonable opportunity to make representations in writing as to why the Review Committee should not make a direction under subsection (6).
(8) The Review Committee’s decision under subsection (6) shall be final.
(9) If the Review Committee directs the Medical Council to file an appeal to the High Court, the Medical Council shall do so within 14 days of the receipt of the direction notwithstanding the expiry of 30 days referred to in subsection (1).
(10) An appeal under this section shall be heard by 3 Judges of the High Court and from the decision of that Court there shall be no appeal.
(11) In any appeal to the High Court against a decision referred to in section 53(2), (4) or (5) or 54, the High Court shall accept as final and conclusive any finding of the Disciplinary Tribunal relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.
(12) Notwithstanding anything in section 53 or 54, where a registered medical practitioner has appealed to the High Court against an order referred to in section 53(2) or 54, the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or is withdrawn.
56.
—(1) Where the name of a medical practitioner has been removed from a register pursuant to an order made by a Disciplinary Tribunal under section 53 or 54, the Medical Council may, upon application by the medical practitioner, if it thinks fit —
(a)
restore his name to the register; or
(b)
register him as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) to (9) shall apply accordingly.
(2) No application for the restoration of the name of a medical practitioner to a register under this section shall be made to the Medical Council —
(a)
before the expiration of 3 years from the date of the removal; or
(b)
more than once in any period of 12 months by or on behalf of the medical practitioner,
and unless the medical practitioner has complied with all the terms of the order made against him.