KUALA LUMPUR, April 9 — Malaysia does not have a specific law protecting people living with HIV (PLHIV) from medical discrimination, according to the Malaysian AIDS Council (MAC).
While some legal provisions and guidelines ensure access to health care and patient confidentiality, there is no comprehensive framework addressing discrimination in medical settings.
“Under the Malaysian Medical Council (MMC) Code of Professional Conduct, health care professionals are required to treat all patients fairly and ethically, ensuring that medical decisions are made without prejudice,” MAC president Assoc Prof Dr Raja Iskandar Shah Raja Azwa told CodeBlue in an email response.
“However, the code does not specify punitive measures for discrimination against PLHIV by health care providers.”
The Medical Act 1971 enforces strict patient confidentiality, meaning unauthorised disclosure of health status, including HIV status, could result in disciplinary action, suspension, or license revocation.
But Dr Raja Iskandar said stronger legal protections are needed to explicitly ban discrimination against PLHIV, ensure equal access to health care, establish penalties for providers who refuse treatment or disclose HIV status without consent, and improve accountability in public and private health care institutions.
“Without stronger legal safeguards, PLHIV remain vulnerable to stigma, medical discrimination, and privacy violations, which can deter individuals from seeking timely medical care and impact national public health efforts,” he added.
Last February, CodeBlue reported that a paediatrician at a private hospital in Muar, Johor, allegedly refused to treat a newborn in August 2023 after the father disclosed his own HIV status, despite being long-term undetectable. The MMC dismissed his complaint against the doctor.
Dr Raja Iskandar said the MMC could provide clearer disciplinary guidelines for health care professionals who discriminate against PLHIV.
While the MMC Code of Professional Conduct requires doctors to provide fair and ethical treatment to all patients, there is room to strengthen guidance on addressing HIV-related stigma in health care settings.
“One of the key concerns is ensuring equal access to medical care. Some PLHIV have reported challenges in receiving treatment, including unnecessary referrals or reluctance from health care providers, often stemming from misconceptions about HIV transmission,” Dr Raja Iskandar said.
The Private Healthcare Facilities and Services Act 1998 (PHFSA 1998) emphasises patient confidentiality and proper handling of medical information.
Government hospitals, while not directly bound by the PHFSA, are expected to uphold similar confidentiality standards. The Health Ministry has also issued the “Guidelines for the Handling and Management of Patient Medical Records in Malaysian Healthcare Facilities” prohibiting public servants from disclosing patient information unless authorised by a facility director or ordered by a court.
While existing professional standards already promote non-discriminatory treatment, policy refinements, stricter enforcement, and awareness initiatives could strengthen implementation of these principles.
“The MMC could explore initiatives that support ongoing education on HIV management, non-discriminatory care, and patient rights, helping doctors and health care workers provide inclusive and professional treatment,” Dr Raja Iskandar said.
“Aligning with best practices and international guidelines can further strengthen Malaysia’s commitment to ensuring fair and equitable health care for PLHIV.”
