KUALA LUMPUR, Jan 7 — Five doctors’ associations have a different stance about practising without a valid annual practising certificate (APC), amid an unprecedented backlog of 2026 APC issuance by the Malaysian Medical Council (MMC).
The Private Medical Practitioners’ Association of Selangor and Kuala Lumpur (PMPASKL) and the Association of Private Practitioners Sabah (APPS) maintained that practising medicine without a valid APC remains illegal under the Medical Act 1971.
However, the Federation of Private Medical Practitioners’ Associations Malaysia (FPMPAM) and the Medical Practitioners Coalition Association of Malaysia (MPCAM) said their affected members would continue practising unlicensed due to MMC’s “waiver” for doctors awaiting their APC.
Hartal Doktor Kontrak (HDK), which represents government doctors, backed doctors’ continuation of services pending APC issuance.
The Malaysian Medical Association (MMA), which is the country’s largest doctors’ association, and the Society of Private Medical Practitioners Sarawak (SPMPS) declined comment in response to CodeBlue’s questions on whether their members intended to continue practising without a valid APC.
Two lawyers have told CodeBlue that the MMC isn’t authorised under the Medical Act to waive the statutory requirement for doctors to have a valid APC to practise medicine, and that doing so without a valid and current certificate remains a criminal offence.
PMPASKL: ‘Compliance With The Law Is Paramount’
PMPASKL said its members should comply with the statutory requirement under the Medical Act for a valid APC.
“Compliance with the law is paramount,” PMPASKL president Dr Eugene Chooi told CodeBlue.
“While it is understood that some individuals may choose to continue practising without a valid APC, this is not appropriate and exposes the practitioner to serious legal and professional consequences.”
Dr Chooi advised PMPASKL members working in private hospitals to consider taking leave until issuance of their APC to avoid any legal and professional risk.
He also defended pharmaceutical suppliers who refuse to sell medicines to medical practitioners without a valid APC, saying: “Any deviation from this may result in further regulatory and legal complications for all parties involved.”
The Pharmaceutical Association of Malaysia (PhAMA), which represents pharmaceutical multinational corporations, first told CodeBlue that its member companies will not sell drugs to doctors without a valid APC, stressing that the pharma industry is “highly regulated” for all levels of medicine use.
But PhAMA later told The Star that doctors who sent it “evidence” of timely APC application and payment for licence renewal could make drug orders from its member companies, following intervention from the Ministry of Health (MOH).
PMPASKL added that the same principle of legal compliance applied to third-party administrators (TPAs) with panel doctors who are still waiting for their 2026 APC.
“It would be unreasonable to expect TPAs to honour claims where services are rendered without a valid APC, as legal compliance must take precedence. Exceptions such as Good Samaritan situations fall under a different legal and ethical consideration and should be discussed separately,” said Dr Chooi.
FPMPAM: Practising Without Valid APC ‘Not A Disregard For The Law’
Touting MMC’s waiver, FPMPAM said its members who complied with requirements and submitted completed APC applications by December 31, 2025, would, “in good faith”, continue to provide medical care.
“This is not a disregard for the law, but a response to an administrative delay acknowledged by the regulator itself. An abrupt cessation of practice would disrupt patient care nationwide,” FPMPAM president Dr G. Shanmuganathan told CodeBlue.
“FPMPAM emphasises that the MMC must urgently regularise the issuance process to remove ongoing legal and commercial uncertainty. Any rectification by the MMC must ensure that there are no gaps in the continuity or effective validity of the APC from year to year arising solely from administrative delay.”
FPMPAM also called for “clear interim guidance” from the MMC and MOH to pharmaceutical suppliers to prevent “avoidable” disruptions to access to medicines.
“In fact, some doctors have reported receiving notices this week that pharmaceutical companies will not supply medicines in the absence of a valid APC,” said Dr Shanmuganathan.
FPMPAM noted that although some TPAs may not verify a panel doctor’s APC status in real time, APC issues may surface later during claims audits, payment disputes, or medico-legal proceedings.
“Under the Medical Act, practising without an APC in force carries implications for fee recovery, creating real commercial and legal uncertainty for doctors who are otherwise compliant but affected by administrative delays,” said Dr Shanmuganathan.
“FPMPAM is concerned that such risks may be unfairly shifted onto practitioners and patients, and reiterates that administrative delays in APC issuance should not be weaponised by third parties.”
APPS: ‘Refusal To Practise Without Valid APC Is Lawful, Ethically Responsible’
APPS stressed that practising medicine without a valid APC is unlawful as this is expressly prohibited under the Medical Act.
“Doctors cannot be expected to assume legal or disciplinary risk arising from administrative delays after having fulfilled all renewal requirements in good faith,” APPS president Dr Devadas Pathiyil Ramankutty told CodeBlue.
“For APPS members employed in private hospitals, refusal to practise without a valid APC is a lawful and ethically responsible position. Employers cannot reasonably demand that doctors work in contravention of the law, nor should doctors be penalised financially due to regulatory delays beyond their control.”
The Sabah doctors’ group highlighted “immediate operational paralysis” for private general practitioners (GPs), due to pharmaceutical suppliers refusing to sell medicines in the absence of a valid APC that is required under the Poisons Act 1952.
“This directly compromises patient care and disrupts clinic operations through no fault of the practitioner,” said Dr Devadas.
He added that APPS members empanelled with TPAs and insurers may face denied claims, non-payment, or clawbacks for services rendered without a valid APC, since the Medical Act prohibits medical practitioners from charging professional fees without that certificate.
“APPS calls on the relevant regulatory authorities to take immediate responsibility for this failure. Doctors who have complied fully and on time with APC renewal requirements must not be penalised, threatened, or financially disadvantaged due to administrative inefficiencies,” said Dr Devadas.
“Urgent interim legal safeguards, written assurances, or emergency mechanisms are required to protect practitioners and ensure continuity of patient care. Continued inaction risks undermining both professional regulation and public confidence in the health care system.”
MPCAM: ‘Responsibility’ For Medical Act Lies With MOH, MMC
MPCAM president Dr Bhupindar Kaur Dhaliwal said MPCAM members will continue practising pending their 2026 APC, as MMC and the MOH have “acknowledged the issue faced by doctors”.
She added that MPCAM members have yet to complain about restrictions on working in private hospitals without a valid APC.
“If they work, why wouldn’t the salaries be paid? Since they have their back covered, it should be no issue,” Dr Bhupindar told CodeBlue.
She added that MPCAM will look into pharmaceutical companies’ refusal to sell medicines to medical practitioners without a valid APC.
“But understanding that MOH and MMC have acknowledged the delay, this delay should not affect the GP. But if they have faltered and missed the deadline, then we cannot hold anyone else responsible but themselves.”
MPCAM said “responsibility” for the Medical Act lay with MOH and MMC. Besides MMC, Health Minister Dzulkefly Ahmad said the MOH’s Private Medical Practice Control Section (CKAPS) would 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.
“They have issued statements regarding the delay in sending out APC, so we see no reason for any TPA to deny payments for patients who visit doctors,” said Dr Bhupindar.
“So far, we have not heard any TPA saying anything to the GP. As always, GPs will offer their services to panel patients. None of them should be turned away from the clinics if the GP is awaiting their 2026 APC.”
Hartal Doktor Kontrak: Continue Providing Services
HDK, which represents contract doctors in public service, backed the decision by some practitioners to continue practising without a valid APC.
“As MOH and MMC have given their assurance that no punishment will be given to those without APC, we feel the doctors should continue providing their service,” HDK spokesman Dr Muhammad Yassin told CodeBlue in a brief statement.
