S I N G A P O R E M E D I C A L C O U N C I L



Similar documents
NAVIGATING THE MEDICAL BOARD IRENE ROTENKO, EMERGENCY PHYSICIAN PANEL AND HEARINGS MEMBER, MCNSW DECEMBER 2015

Policy Statement on. Associations. Eligibility to apply for a Scheme under Professional Standards Legislation May 2014

KYIV RECOMMENDATIONS ON JUDICIAL INDEPENDENCE IN EASTERN EUROPE, SOUTH CAUCASUS AND CENTRAL ASIA

Sincerely yours, Kathryn Hurford Associate Director, Policy

CURRENT STATUS. COMPLAINTS AGAINST DOCTORS. WHY? WHAT HAPPENS NEXT?

SINGAPORE MEDICAL COUNCIL DISCIPLINARY TRIBUNAL INQUIRY FOR DR TAN YEW WENG DAVID ON 2 DECEMBER 2014

Principles for the assessment and management of complaints and notifications

Institutional framework for insolvency resolution: role of insolvency professionals

NEEDS IN RELATION TO CLIENT/IP PROFESSIONAL PRIVILEGE IN CANADA

Medical Complaints Mechanism in Overseas Places

The publication of fitness to practise data by secondary care location in the UK: guide to the data

The College currently demonstrates transparency in a number of ways. The following description provides a brief overview.

Professional registration and regulation

How To Get A Masters Degree By Research

MISSOURI S LAWYER DISCIPLINE SYSTEM

Prof. Dr. Harald Jatzke Judge at the Supreme Tax Court, Munich. Selected Procedural Issues

Hon Nikki Kaye Minister for ACC December 2015

Legally Qualified Chairs to serve on Police Misconduct Hearing Panels Role Profile

Client complaint management policy

S L S THE SOCIETY OF LEGAL SCHOLARS

Top. Flemish Bar Council CODE OF ETHICS FOR LAWYERS. page 1

立 法 會. Legislative Council. Paper for the House Committee Meeting on 11 March 2016

PUBLIC RECORD. Record of Determinations Fitness to Practise Panel. Date: 12 January Medical Practitioner

STATES OF JERSEY DISCIPLINARY AND GRIEVANCE HEARINGS: RIGHT TO A FRIEND (P.112/2011) COMMENTS STATES GREFFE

Education programme standards for the registered nurse scope of practice

Information for Applicants

INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT

Enclosure 19/HPC19/06. Health Professions Council HPC Council 1 st March Partner Complaints Procedure

LAW OF GEORGIA ON THE HIGH SCHOOL OF JUSTICE

Regulation of Insolvency Practitioners

College of Veterinarians of British Columbia FRAMEWORK FOR THE COLLEGE S NEW BYLAWS

THE BY-LAWS OF THE PROFESSIONAL PHOTOGRAPHERS OF SOUTHWEST FLORIDA, INC. BY-LAWS. Code of Conduct, Violations of, & Power to Take Disciplinary Action

The performance of the Australian Securities and Investments Commission Submission 202

2. In accordance with Article 10(1) of the Charter and in accordance with the Statutes, the University shall:

Structure and regulation of the accountancy profession

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 29 LCDT 009/11. of the Lawyers and Conveyancers Act 2006

DISCIPLINARY BYE-LAWS

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

HEALTH INSURANCE (PERFORMERS LIST FOR GENERAL MEDICAL PRACTITIONERS) (JERSEY) REGULATIONS 201-

NATIONAL PARTNERSHIP AGREEMENT ON E-HEALTH

Submission. Ministry of Economic Development. Draft Insolvency Law Reform Bill Discussion Document. to the. on the

European Court of Human Rights. Questions & Answers

DISCIPLINE (Ordinance Policy)

Rolls Royce s Corporate Governance ADOPTED BY RESOLUTION OF THE BOARD OF ROLLS ROYCE HOLDINGS PLC ON 16 JANUARY 2015

PUBLIC SERVICE ACT An Act to make provision in respect of the public service of Lesotho and for related matters. PART I - PRELIMINARY

Mediation Pack for the Health & Social Care Services

How To Be A Successful Health And Social Care Leader

Code of Practice means the Family Mediation Council s code of practice for family mediation.

The Interior Designers Act

Overview of. Health Professions Act Nurses (Registered) and Nurse Practitioners Regulation CRNBC Bylaws

How we consider information that applicants or registrants declare. Guidance on health and character

Legal Services Review. BSA Response to the Consultation Paper. Part One - Introduction

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

REGULATION 22: DEGREE OF MASTER OF ARTS IN SOCIAL WORK AND ITS ASSOCIATED AWARDS

Rules of Procedure. of the Administrative Tribunal of the Bank for International Settlements. Article 1

INTERNATIONAL LAWYERS A GUIDE FOR AND CLIENTS

How To Write A Medical Laboratory

Australian Charities and Not-for-profits Commission: Regulatory Approach Statement

Accredited Body Report CPA Australia. For the period ended 30 June 2013

(Notices) COUNCIL AGREEMENT. on a Unified Patent Court (2013/C 175/01)

CONSULTATION DOCUMENT. Insolvency Practitioner Regulation

Chiropractic Boards response 15 December 2008

SEXUAL ABUSE THE RESPONSE OF THE ARCHDIOCESE OF SYDNEY

SESSION #6 Performance Management: No Surprises/Developing Best Practices

PROPOSALS BY THE LAW SOCIETY OF SOUTH AFRICA (LSSA) TO THE MINISTER S ADVISORY COMMITTEE ON COURT-ANNEXED MEDIATION

Procedures for Assessment and Accreditation of Medical Schools by the Australian Medical Council 2011

Current Regulatory Barriers Against Foreign Lawyers Practicing In Malaysia

PUBLIC RECORD. Record of Determinations Fitness to Practise Panel. Dates 07 May May Medical Practitioner. Dr John Stanley Partington

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Evidence of English language skills: Guidance for European doctors applying for a licence to practise

THE IN-HOUSE LAWYERS GROUP

Good practice framework for handling complaints and academic appeals. Draft for consultation

Action Plan Developed by. Mauritius Institute of Professional Accountants BACKGROUND NOTE ON ACTION PLANS

RUNNING AN EFFECTIVE INTERNAL COMPLAINTS PROCESS

Carlisle City Council Health and Safety Policy and Procedures PAGE Page 1 of 14. Health & Safety Enforcement Policy Revision No: 1 Date: July 2009

FAMILY COURT PRACTICE NOTE LAWYER FOR THE CHILD: SELECTION, APPOINTMENT AND OTHER MATTERS

Modernising Powers, Deterrents and Safeguards Working with Tax Agents

Australia-wide accreditation of programs for the professional preparation of teachers. A consultation paper

Property Management Services Bill. Contents

Complaints Management Policy

The Licensed Practical Nurses Act, 2000

I n h a l t sve r ze i c h n i s

ROYAL HOLLOWAY University of London. DISCIPLINARY POLICY AND PROCEDURE (for all staff other than academic teaching staff)

Response to Northern Ireland Court Service Consultation on the Provision of In-Court Interpretation Services. April 2010

BOARD CHARTER. Its objectives are to: provide strategic guidance for the Company and effective oversight of management;

SAMPLE EXAMINATION PAPER LEGAL STUDIES. Question 1 Explain the meaning and the nature of law (10 marks)

7 Legal services. Legislative restrictions on competition

Hong Kong Medical Law Brief

Health Committee information

THE CONSTITUTION OF. Association of Uganda retirement benefits and pension schemes (AURBPS)

The EFGCP Report on The Procedure for the Ethical Review of Protocols for Clinical Research Projects in Europe (Update: April 2011) Norway

CLINICAL INDEMNITY SCHEME. Draft Scope of Coverage

EMPLOYERS IF YOU TAKE ACTION AGAINST A REGISTERED TEACHER

Guidance on health and character

Guidance for English and Welsh lawyers on the practice of foreign law in Australia and admission as an Australian legal practitioner

Higher National Unit specification. General information for centres. Unit title: Legal and Ethical Issues. Unit code: F50D 35

NONPROFIT ORGANISATIONS ACT

NATIONAL CONSTITUTION

Part 3D - Officers' Employment Procedure Rules 1

Queensland. Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008

Transcription:

S I N G A P O R E M E D I C A L C O U N C I L 16 College Road, #01-01 College of Medicine Building, Singapore 169854 E-mail Address: enquiries@smc.gov.sg Website: http://www.smc.gov.sg Fax Number: (65) 6258-2134 17 January 2013 Dear Colleagues The recent issues raised in the ST Forum and media over the Singapore Medical Council (SMC) s handling of complaints must be of significant concern to all medical practitioners. I would like to take this opportunity to put the various issues in perspective. I hope that each of us will take the time to understand the issues. I write in all sincerity and I will try to be as transparent as is legally possible. (A) SMC s processes are dictated by the prevailing law The SMC s Disciplinary Committees (DCs) are appointed as committees which are bound to follow the composition and processes laid down for them by Parliament in the Medical Registration Act (MRA). This Act has been in force for many years and the processes provided were fashioned by legal experts. Over the last several years, we have recognised that changes were needed. You will appreciate, however, that changing the law takes much effort and time and that, in the interim, the old processes apply. For complaints that were made to SMC before the current MRA came into force in December 2010, the DCs are required to conduct their processes as provided for under the MRA prevailing before December 2010 (old MRA). (B) The CCs and DCs deliberations The Complaints Committees (CCs) deliberations and the DC hearings are conducted independently of the Council. The Council has not actively sought conviction of any doctor who was referred by the CCs to the DCs. Over the last few years, only about 10% to 15% of all complaints handled by the CCs were referred to the DCs. Complaints lodged by MOH constituted about 15% of all complaints and, like the other complaints, the majority were not referred to the DCs. The prosecution in DC cases is handled by lawyers working with the CCs to draft the charges; MOH and SMC have no hand in this. In addition, I do not sit on the CCs Page 1 of 5

or DCs to avoid any perception of influence. Our peers, who are appointed to sit on the DCs, judge these doctors. (C) Changes to the law The Council had recognised shortcomings in the old MRA and proposed for: (a) a more efficient yet robust system for complaints management; (b) the option for the renamed Disciplinary Tribunal (DT) to be made up wholly of non-council members; and (c) the chair for disciplinary hearings to be a senior lawyer or a retired judge. As regards (a) (i.e. a more efficient yet robust system of complaints management), the current MRA now allows the CCs greater powers to resolve the complaint through measures which were previously available only to the DCs without having to go through the ordeal of the DT process. These include remediation measures for the doctor and mediation between the doctor and the complainant. We believe that these are progressive changes which will improve the processes for both the doctor and the public and will enable better corrective steps to be taken against the doctor where necessary. As the SMC clears the backlog of its old cases, we can be happy that the new measures will be available to the CCs for current cases. These new measures are, however, not without effort. The members of the CCs, which will include both doctors and laypersons, will have to be trained and given legal guidance on the new regime and this will inevitably require many hours of voluntary work by them. As regards (c), with the appointment of a senior lawyer or retired judge as chair, the DT would still be constituted with a majority of doctors so that questions of fact relating to medical issues are fully and justly considered. The legal person appointed to chair would not have a casting vote in the event of a tie and the views of the majority of doctors on the DT would prevail. To a large extent, the Chair s role would be to manage the conduct of the hearing. Feedback from three past Presidents of SMC supported this measure in (c) above. The revisions were put up for public and professional consultations. One of the main concerns of the Singapore Medical Association (SMA) was with regard to having a senior lawyer chair the DT. SMA, in its feedback on the consultation in 2009, recommended that a Council member should chair the DT. We eventually proposed a Panel of Chairmen comprising doctors who are Council members, doctors who are not Council members and some senior lawyers, from which the Chairman of the DT could be appointed. Page 2 of 5

The Director of SMA s Centre for Medical Ethics and Professionalism, Dr T Thirumoorthy, has noted justice has to be seen to be done. Dr Thirumoorthy pointed to the example of the Medical Practitioners Tribunal Service (MPTS) in the UK which was launched in 2012. This tribunal is currently chaired by a lawyer and the panels they set up to judge doctors may be chaired by a medical or non-medical person. We believe that the changes we have made to include non-council members and lawyers in our DTs, as members or as the chair, are a step in this direction. MPTS is also evolving and has proposed that the chairperson of the panel hearing the case be legally qualified in some or all hearings. (D) Recent successful appeals If I may now come to Dr Low Chai Ling and Dr Georgia Lee s cases - essentially these were cases involving various questions of law. One of these was whether the doctors should be judged according to SMC s Ethical Code and Ethical Guidelines (ECEG), which were the only guidelines that were in existence at the time of the alleged misconduct, or according to the Guidelines on Aesthetic Practices which were issued in 2008 after the alleged misconduct, but before the inquiries took place. This is a question of law and our colleagues were guided to use the ECEG. However, the High Court, which heard Dr Low s appeal directed that the Guidelines on Aesthetic Practices, while issued after the time of the alleged misconduct, articulated the standards that were applicable at that time. It was for such reasons that we had proposed for the current MRA that lawyers chair the DTs to resolve any legal issues which may arise during the course of the inquiry. There are already some jurisdictions which only appoint a lawyer as the chairperson. (E) DC s Verdicts from 2008 to 2012 During the last 5 years, the DC has handed down 83 verdicts including 3 cases where the doctors were acquitted. In 11 of these cases, the doctors have appealed to the High Court. Most recently, the DC s decision in Dr Low Chai Ling s case was set aside and SMC did not contest the appeal of Dr Georgia Lee for the reasons cited above in Dr Low s case. Of the remaining 9 appeals, the DC s decision was upheld in 5 cases, set aside in 1 case, the doctor withdrew the appeal in 1 case and 2 other appeals are pending. In summary, in 6 of the 9 appeals which have concluded, the DCs decisions have been upheld. In the remaining 3 appeals, where the DCs decisions were set aside, I believe the Court s determination was based on legal considerations. Page 3 of 5

(F) Elections: Should Council members be elected or at least elected members be in the majority? There is no perfect system for self-regulation. Many jurisdictions no longer have elected members on their medical council, for example, the UK, New South Wales and Victoria in Australia and California and New York in the US where all the members are appointed. For those that have elections, the elected members are often in the minority, for example, New Zealand and Malaysia. Many jurisdictions also have a number of lay persons on the Council including the UK, New Zealand and Hong Kong. It is thought that if only elected medical members sit on the Council, or where the elected medical members are in the majority, regulatory capture may occur. This risks the profession becoming self-serving and not acting in the interest of the public as it should. Our Parliament, as reflected in the MRA, has allowed only doctors to continue to be represented on the Council with equal numbers of elected and nominated members except for the Director of Medical Services who holds office as Registrar by virtue of his position as provided in the MRA. While having some elected members is a privilege we enjoy compared to many other developed countries, we must ensure these doctors represent the profession. Compulsory voting is thus practised. Usually, about 98% of our doctors vote and of these, about 80 to 85% vote for one or more candidates. We cannot have a situation where only a handful of doctors vote and then claim that the elected doctors represent the profession. (G) Costs One other issue which has been raised concerns the conflicts which may arise because of the costs involved in running the organisation. Cost is an administrative concern of every organisation as it would be even to an independent body if one was to be established. As regards the SMC, the fees collected from doctors are not expected to manage all of our expenditures and costs. We have considerable Government financial assistance to ensure that our processes are not compromised, as we act in the interest of the public. There is no perfect system for self regulation but the SMC will continue to evolve and make adaptive changes for the good of the public and the profession. We welcome suggestions from colleagues which are made in good faith for the purpose of improvement. Please write directly to the Council or to me. Page 4 of 5

The SMC has also appointed a Review Committee to optimise processes under the current MRA and to make suggestions for future changes to the MRA. The Council, on its part, will ensure that all complaints are managed in a fair manner. I trust that, if you are called upon to sit in judgement of your colleagues, you will always act fairly and with a clear conscience. Yours sincerely Prof K Satku Director of Medical Services, Ministry of Health, and Registrar, Singapore Medical Council Page 5 of 5