KUALA LUMPUR: Administrative failures must not criminalise compliant doctors, says the Malaysian Medical Association (MMA).
Its president Datuk Dr Thirunavukarasu Rajoo, in a statement Friday (Jan 2), said there is grave concern over the continued delay in the issuance of Annual Practising Certificates (APCs) for 2026.
"It has left tens of thousands of registered medical practitioners, particularly those in private practice, in a state of legal and professional uncertainty as of January 1 this year (2026).
"Many affected doctors had fully complied with all statutory requirements well within the stipulated timeline.
"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 Continuing Professional Development (CPD) points, and the prescribed renewal fee.
"Applications typically open from July to November, with penalties imposed only for late submissions in December," he said.
He said the current situation (the delays) are not due to non‑compliance by doctors, but arise from administrative backlog and processing inefficiencies.
"This delay carries serious legal implications. Under Section 20(1) of the Medical Act 1971, practising medicine without a valid APC constitutes an offence, regardless of whether the practitioner has fulfilled all renewal requirements.
"For private general practitioners, a valid APC is a legal prerequisite to consult, prescribe and practise.
"For private specialists, hospitals and medical institutions are compelled to insist on a valid APC due to the high medico‑legal exposure, including vicarious liability, where institutions may be held legally responsible if an unlicensed doctor practises within their facilities," he said.
He said the impact extends beyond legal risk.
"For doctors in private practice, the inability to practise, even for a short period directly affects their livelihoods, professional standing and continuity of patient care.
"This situation is particularly untenable when compliant practitioners are rendered 'unlicensed' purely due to administrative delay.
"It undermines professional morale, disrupts healthcare delivery and risks eroding public confidence in medical regulation," he said.
Dr Thirunavukarasu said under Section 4(1) of the Medical Act 1971, the Malaysian Medical Council (MMC) is statutorily responsible for the registration and regulation of medical practice in Malaysia.
"While administrative functions may be carried out by the Secretariat, oversight and accountability rest squarely with the MMC council.
"The council’s role is not only to enforce compliance but to guide the profession and safeguard patients by ensuring regulatory processes function efficiently and fairly.
"In view of the current situation, we (MMA) urge MMC to provide an immediate formal assurance that doctors who have submitted all required documents on time, including valid indemnity, CPD points, and payment may continue to practise without penalty during this period, and that all APCs will be issued by Jan 31," he said.
He urged for a clear public statement and interim letter from the council to protect compliant doctors, reassure healthcare institutions and uphold patient safety.
"We further request urgent enhancement of the Medical Register Information and Technical System (MeRITS) system, moving towards a fully digital APC with real‑time status tracking, automated verification of CPD and indemnity, and prompt electronic confirmation upon compliance.
"There needs to be stronger governance and oversight by the MMC council over its Secretariat, to prevent recurrence of administrative failures that place doctors and patients at risk.
"This issue is not a minor technical lapse.
"Doctors who have complied with the law must not be exposed to criminal liability or loss of livelihood due to systemic inefficiencies beyond their control," he said.
He said MMA is prepared to engage constructively with the MMC and the Health Ministry to resolve the current backlog and to ensure that APC issuance processes are modernised, predictable and fit for purpose.
"A regulatory system that safeguards patients must be one that respects and protects compliant practitioners," he said.
It was reported on Friday (Jan 2) MMC said it is currently receiving a high volume of APC applications.
"All medical practitioners are requested to be patient while waiting for the approval process for their respective APC certificates.
"Please be informed that any medical practitioner who has successfully made the APC application payment for the year 2025 before Dec 1 last year (2025) will not be fined," it said in a statement on its official website.
It was reported on Dec 23 last year (2025) that MMC president Datuk Dr Mahathar Abd Wahab said a "Doctor" title does not confer an individual the right to be a medical practitioner in Malaysia as this requires an APC.
"Individuals wanting to practise medicine in Malaysia must be registered with the MMC and hold a valid APC before embarking on any form of medical practice," he said.
