In more detail
Background
The TA, when promulgated, was intended to regulate the practice of medicine using audio, visual and data communications. It requires those intending to practise telemedicine, including those who are based outside Malaysia, to hold a relevant certificate from the Malaysian Medical Council (MMC). The TA also sets out specific requirements on patient's consent, and empowers the Health Minister to issue further regulations on the practice of telemedicine.
However, there has been no appointment date in accordance with the TA for it to become effective. Thus, notwithstanding that the TA has been passed by the Malaysian Parliament, has received royal assent and has been gazetted in 1997, it has never come into operation.
Justification and impact
In line with the National Policy on Good Regulatory Practice, it is proposed to abolish the TA based on justifications that include the following:
- The TA does not cover the diversity of current practices and global trends of telemedicine.
- Amending the TA is inefficient as compared to enacting new legislation that is more comprehensive and inclusive for the practice of telemedicine.
- Existing legislation can be enforced for telemedicine practice, such as the Medical Act 1971, the Personal Data Protection Act 2010, and the MMC Guideline on Telemedicine.
Given that the TA has never been in operation, there should be no immediate impact for healthcare providers and the public at large regarding its abolishment. However, it remains to be seen whether this will pave the way for further developments on telemedicine regulation in Malaysia.
* * * * *
Chun Hau Ng, Associate, has co-authored this legal update.
© 2024 Wong & Partners. All rights reserved. Wong & Partners, member of Baker & McKenzie International. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
