KUALA LUMPUR, Jan 5 — Medical practitioners cannot legally charge patients consultation or procedure fees without a valid annual practising certificate (APC), said the Galen Centre for Health and Social Policy.
Galen Centre chief executive Azrul Mohd Khalib said medicolegal uncertainty persisted despite the Malaysian Medical Council’s (MMC) decision not to take action against doctors who have submitted complete applications for their 2026 APC and complied with requirements, amid a backlog of reportedly tens of thousands of applications.
“The Medical Act 1971 makes it an offence for a fully registered practitioner to practise when they do not have an APC in force, and it also limits recovery of fees for work done during the period without a valid APC.
“In other words, affected health care professionals such as GPs (general practitioners) and specialists will not be able to legally charge consultation or procedure fees,” Azrul said in a statement yesterday.
Section 20(7) of the Medical Act states that a fully registered medical practitioner who practises medicine, surgery, or obstetrics and gynaecology (O&G), and who does not have an APC in force, shall be guilty of an offence under the Act. These doctors are also prohibited from collecting any fee during the time without an APC.
Azrul also cited the requirement by third parties for proof of APC status, such as insurance companies providing professional indemnity, insurer and takaful operators (ITOs) processing health insurance claims, and even procurement of pharmaceutical products.
“Delays in the issuing of APCs for health care professionals are not unique. Most countries which benefit from high quality health care systems, such as Malaysia, have oversight and regulatory bodies which will require temporary suspension of affected health care personnel until the situation is regularised.
“It is intended to protect all parties concerned, particularly patients, from harm,” said Azrul.
Besides the so-called “waiver” by the MMC, Health Minister Dzulkefly Ahmad announced yesterday that MOH’s Private Medical Practice Control Section (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.
MMC president Dr Mahathar Abd Wahab is also Health director-general in the MOH.
“While good intentioned and aimed to prevent thousands of affected doctors from being unable to do their work, does a MMC waiver or non-enforcement by CKAPS provide protection from lawsuits or a legal shield for potential offences under various legislation and regulation committed as a result of not having an APC? How will the safety of patients be affected?” asked Azrul.
He added that the requirement for an APC is mandated under the Poisons Act 1952. “A valid annual practising certificate is a fundamental legal requirement for a qualified medical practitioner in Malaysia to procure pharmaceutical products from manufacturers and wholesalers. Someone without a valid APC cannot legally purchase medicines from suppliers.”
The Galen Centre pointed out that the Medical Act clearly states that the absence of a practitioner’s name from the published Gazette list is prima facie evidence that an APC has not been issued and that the person is not authorised to practise as a fully registered medical practitioner.
“The MMC has also previously reminded practitioners and employers that practising without a valid APC engages regulatory consequences, and that employers should ensure practitioners without a valid APC are not assigned clinical functions. Any reversal of that position places health care professionals and their employers at legal risk, especially in a medical accident,” emphasised Azrul.
He described the delay in APC approvals as an “avoidable” and “preventable” crisis.
“This situation should be a wake-up call for the MMC and other related health care regulatory bodies to adopt urgent reforms and for health care professionals to be responsible in ensuring that they keep their APCs up to date and not rush for the website at the last minute,” said Azrul.
“The system should be resilient enough to prevent and adapt to end-of-year bottlenecks, including earlier processing windows and automated checks for completeness.
“Any widespread uncertainty around practising status risks unintended service disruption, such as last-minute roster gaps, cancelled elective procedures, delayed referrals, and disruption to continuity of care.”
Following MMC’s statement, associations representing private medical practitioners and hospitals have yet to say if their members will continue practising medicine and charging patient fees, despite not having a valid APC, or if their facilities will continue to engage such doctors.
