KUALA LUMPUR, Jan 5 — The Ministry of Health (MOH) says its Private Medical Practice Control Section (CKAPS) will not take action against private health care facilities that engage doctors who practise pending their 2026 annual practising certificate (APC).
In a statement by the MOH’s medical practice division, as relayed by Health Minister Dzulkefly Ahmad yesterday, the division said under normal circumstances, CKAPS can take action under Section 31(1)(c) of the Private Healthcare Facilities and Services Act 1998 (Act 586) if a private health care facility employs or engages a medical practitioner who is practising without a valid APC, including issuing a show cause notice or imposing a compound.
Section 31(1)(c) states that the licensee of a registered health care facility shall ensure that the people it employs or engages are “registered under any law regulating their registration”.
“However, with regard to the specific issue of delays in the issuance of the 2026 APC, the Medical Practice Division has taken note of the official statement by the Malaysian Medical Council (MMC),” it said.
“In line with the intention and decision of the MMC, no enforcement action will be taken by CKAPS against any medical practitioner who has not yet received the 2026 APC, provided that the application and payment were made on or before December 31, 2025, and the application is still being processed in the MeRITS system.”
MMC president Dr Mahathar Abd Wahab is also Health director-general in the MOH.
In a statement last Saturday, the MMC announced that it would refrain from taking disciplinary action against registered medical practitioners who submitted a complete application for their 2026 APC by December 31, 2025, and complied with requirements.
The regulator of the medical profession also appears to seek to backdate 2026 APCs, saying that for complete applications, the effective date of the APC will commence on January 1, 2026, or in line with the date of professional indemnity coverage, not the date of approval or the date the certificate is issued.
The Malaysian Medical Association (MMA) previously alleged that the unprecedented APC backlog at the MMC involved tens of thousands of doctors across the public and private sectors.
Although MMA said in response that MMC’s assurance provided “much needed clarity” to doctors, the country’s largest doctors’ association did not state if its members, including private general practitioners (GPs), would continue practising without a valid APC.
Following MMC’s statement, the Association of Private Hospitals Malaysia (APHM) also did not say if private hospitals would continue to allow doctors to practise at their facilities without a 2026 APC.
While the MMC and CKAPS can refrain from taking action under their respective jurisdictions, practising medicine without a valid APC remains a criminal offence under Section 20(7) of the Medical Act 1971. Doctors are also expressly prohibited from collecting fees during the time without a current APC.
Many doctors have raised questions on whether they would continue to be covered by medical indemnity insurance without their 2026 APC. One said he was blocked from ordering drugs for his clinic.
In a post on X yesterday, Dzulkefly claimed that with MMC’s January 3 press statement, a doctor’s “indemnity and legal status remain intact”.
The health minister added that MMC will conduct an internal audit on the 2026 APC delay, including providing a “concrete timeline for full resolution”.
“Digital Overhaul: We recognise the urgent need to upgrade the legacy MeRITS system. We are committed to transitioning towards a more robust, automated & rule-based digital workflow with upgraded capacity,” said Dzulkefly.
“Policy Reform: As part of a phased reform approach, the impact of the digital overhaul will be assessed before considering further policy measures, including a review of the Medical Act and the introduction of Multi-Year Practising Certificates if required.”
Under Regulation 28 of the Medical Regulations 2017, a registered medical practitioner is required to submit proof of valid professional indemnity insurance, evidence of a minimum of 20 CPD points, and the prescribed renewal fee to renew their APC every year.
Lawyers similarly need to renew their Sijil Annual and Practising Certificate (SAPC) every year, but no problems have been reported publicly in the legal profession.
Problems with APC renewal in the medical profession date back to 2018, but the backlog for 2026 applications has now turned into a national crisis.
According to MMC’s 2024 annual report, the regulator made revenue of RM16.9 million in 2024, including RM11.6 million in licensing, registration, and permits. Some RM11.8 million expenditure was reported that year, including RM7 million for services and supplies and RM3.8 million for emoluments.
Out of the 74,333 APCs issued for 2024, the majority was for medical practitioners in the public sector at 52,809, followed by private (21,013) and statutory bodies (511).
