KUALA LUMPUR, Jan 5 — The Penang Medical Practitioners’ Society (PMPS) has urged Bank Negara Malaysia (BNM) and the Ministry of Health (MOH) to close remaining regulatory gaps triggered by a massive delay in doctors’ annual practising certificates (APC) for 2026.
PMPS president Dr Kirubakaran Malapan pointed out that medical practitioners still faced medicolegal exposure, despite the Malaysian Medical Council’s (MMC) decision not to take action against those who practise medicine without a valid APC if a complete application was submitted.
“While this enables service continuity and protects against MMC and CKAPS [Private Medical Practice Control Section] action, unfortunately the medicolegal exposure remains as it doesn’t automatically bind courts, insurers, hospitals or other third parties. (e.g., indemnity coverage and third‑party requirements),” Dr Kirubakaran told CodeBlue in a statement today.
“We urge Bank Negara Malaysia and the Ministry of Health to issue coordinated directives to insurers, hospitals, and regulators to close these gaps and enable members to continue practicing during this critical period. Members are also advised to consult their indemnity providers for specific advice.”
Galen Centre for Health and Social Policy chief executive Azrul Mohd Khalib similarly stressed that despite MMC’s so-called “waiver”, practising medicine and charging patient fees without a valid APC are prohibited under the Medical Act 1971.
Insurers and takaful operators (ITOs) fall under the central bank’s purview. ITOs have not yet announced if they will cover medical claims by doctors who practise medicine, surgery, or obstetrics & gynaecology (O&G) without a valid APC. These are specifically barred under the Medical Act.
Lawyer Manmohan Singh Dhillon, who specialises in medical malpractice litigation, told Free Malaysia Today yesterday that MMC had no legal authority to allow doctors to continue practising medicine without a valid APC, as the Medical Act contains no such provision. He described MMC’s decision as setting a “dangerous precedent”.
Health Minister Dzulkefly Ahmad announced yesterday that CKAPS will not take action under the Private Healthcare Facilities and Services Act 1998 against private health care facilities that engage doctors who practise pending their 2026 APC.
Under the Poisons Act 1952, medical practitioners are mandated to have a valid APC to procure pharmaceutical products.
“Suppliers are legally required to verify APCs; MMC’s assurance does not override the Poisons Act 1952,” Dr Kirubakaran told CodeBlue.
“Interim options: prescribe for dispensing at community pharmacies; collaborate with licensed pharmacies for supply/dispensing; arrange locum coverage by a practitioner with a valid APC; or temporarily adjust services.
“These measures may increase costs and logistics, underscoring the need for urgent APC issuance and clear cross‑agency directives.”
PMPS also urged private hospitals to provide “good-faith, temporary accommodations” for specialist doctors without their 2026 APC.
“Arrangements depend on contract terms and hospital credentialing policies. Independent contractors are typically paid per service; salaried doctors may be placed on paid or unpaid administrative leave pending APC as per their stipulated contracts,” said Dr Kirubakaran.
PMPS demanded an immediate clearance by the MMC of the backlogged APC applications, reportedly in the tens of thousands, along with a published timeline with target completion date and “formal written directives to relevant agencies and stakeholders to recognise the interim coverage”.
The doctors’ group stressed that APCs must be issued by January 1 each year.
“We appreciate the interim measures announced, but future avoidance of such administrative hurdles is imperative. Ensuring timely issuance of APCs safeguards patient care and maintains the integrity of medical practice.”
A couple of specialists across government and private hospitals – who are among the thousands of doctors with backlogged APC applications – told CodeBlue that they are currently practising without their certificates.
