KUCHING, Jan 5 — The recent delays in the processing and issuance of the 2026 Annual Practising Certificate (APC) should be a wake-up call for the Malaysian Medical Council (MMC) and other related healthcare regulatory bodies to adopt urgent reforms, said the Galen Centre for Health and Social Policy.

The Galen Centre expressed concern that such delays are creating avoidable medico-legal, patient-safety and regulatory-compliance risks across both the public and private health sectors.

It said the Malaysian Medical Association’s warning that this could possibly affect tens of thousands of doctors, in both the public and private sectors, was potentially describing a major crisis needing swift resolution.

MMC had responded by saying that no action will be taken against medical practitioners who submitted complete applications, made payment and complied with requirements on or before Dec 31.

“MMC said such practitioners are permitted to continue practising until the APC is issued and their effective dates will be backdated to January 1 or date of professional indemnity coverage, and does not depend on the actual date of the APC’s approval/issuance,” said the Galen Centre in a statement.

Despite such assurance, Galen Centre chief executive officer Azrul Mohd Khalib said they remained concerned that frontline health providers and healthcare institutions might still face practical compliance, documentation and medico-legal challenges and vulnerable to legal action.

It is noted that the assurance is important for continuity of services as well as preventing regulatory and enforcement actions from MMC and the Ministry of Health (MoH)’s Private Medical Practice Control Section (CKAPS), which enforces compliance with the Private Healthcare Facilities and Services Act 1998.

However, Azrul said third parties would require proof of APC status such as insurance companies providing professional indemnity, processing health insurance claims and even procurement of pharmaceutical products.

“Delays in the issuing of APCs for healthcare professionals are not unique.

“Most countries which benefit from high quality healthcare systems such as Malaysia, have oversight and regulatory bodies which will require temporary suspension of affected healthcare personnel until the situation is regularised.

“It is intended to protect all parties concerned, particularly patients from harm,” he said.

Azrul wondered if an MMC waiver or non-enforcement by CKAPS would 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.

He further questioned how would the safety of patients be affected.

“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.

“This means affected healthcare professionals such as general practitioners (GPs) and specialists will not be able to legally charge consultation or procedure fees,” he said.

“The requirement for an APC is also mandated under the Poisons Act 1952.

“A valid APC 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.”

Azrul said the MMC recently reminded the public to utilise the Medical Register Information and Technical System (MeRITS) to verify the validity and registration status of medical practitioners, particularly to prevent fraud and malpractice.

“The system will not show that the doctor in question has submitted completed applications, made payment, complied with CPD requirements, and is under review.

“What the public will see are registered doctors without APCs. It could create mistrust and loss of confidence among the public,” he pointed out.

According to Azrul, the Medical Act 1971 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 person.

Not to mention that the MMC had reminded practitioners and employers that practising without a valid APC engaged regulatory consequences, and that employers should ensure practitioners without a valid APC are not assigned clinical functions, he said.

“Any reversal of that position places healthcare professionals and their employers at legal risk, especially in a medical accident,” he emphasised.

In this regard, Azrul called for urgent reforms to make sure that healthcare professionals could keep their APCs up to date and not rush for the website at the last minute.

He opined that 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.

“This situation was preventable, but it requires cooperation and collaboration from all parties. Immediate risk-reduction measures need to be undertaken,” he said.

The Galen Centre emphasises that patient’s safety is best protected when regulatory processes are clear, timely, verifiable and administratively efficient, and when employers have workable mechanisms to confirm staff compliance. — The Borneo Post