Singapore legislation
Clause 48
Clause 48
Unfitness to practise through illness, etc.
(1)
Where the fitness to practise of a registered medical practitioner is judged by the Health Committee to be impaired by reason of his physical or mental condition, the Health Committee may exercise one or more of the following powers:
order that he pays to the Medical Council costs and expenses of and incidental to any inquiry or hearing by the Health Committee;
order that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order;
order that his registration be conditional on his compliance, during such period not exceeding 3 years as may be specified in the order, with such requirements so specified as the Health Committee thinks fit to impose for the protection of members of the public or in his interests (referred to in this Part as restricted registration); and
recommend to the Medical Council that the name of the registered medical practitioner be removed from the appropriate register.
(2)
Where the Medical Council accepts the recommendation of the Health Committee under subsection (1)(d), the Medical Council shall by order direct that the name of the registered medical practitioner be removed from the appropriate register and that order shall take effect from the date the order is made.
(3)
Where a registered medical practitioner in respect of whom an order for restricted registration is made under subsection (1)(c) by the Health Committee is judged by the Health Committee to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Health Committee may, if it thinks fit, order that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.
(4)
Where the Health Committee has made an order for suspension under subsection (1) or (3), the Health Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be a restricted registration.
(5)
Where the Health Committee has made an order for restricted registration, the Health Committee may revoke the order or revoke or vary any of the conditions imposed by the order.
(6)
Subsection (3) shall apply to a registered medical practitioner whose registration is subject to conditions imposed by an order for restricted registration made pursuant to subsection (4) as it applies to a registered medical practitioner whose registration is subject to conditions imposed by an order for restricted registration made pursuant to subsection (1)(c), and subsection (5) shall apply accordingly.
(7)
Where the Health Committee has made an order under this section for suspension or for restricted registration, including an order for extending a period of suspension or a period of restricted registration, or has varied the conditions imposed by a direction for restricted registration, the Registrar shall forthwith serve on the person to whom the order applies a notice of the order or of the variation.
(8)
While a person’s registration in the register is suspended by virtue of this section, he shall be treated as not being registered in the register notwithstanding that his name still appears in it.
(9)
Section 42(6) to (20) shall apply, with the necessary modifications, to the Health Committee and references to a Disciplinary Committee shall be read as references to the Health Committee.
(10)
Any person who is aggrieved by an order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee under this section may, within 21 days of the service on him of the notification of the order, appeal to the Minister whose decision shall be final.
(11)
Any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee shall take effect from the time the order or variation is made unless the Minister decides otherwise.