In January 2022, the MMC received an application from USM’s School of Medical Sciences for the Master of Pathology (Medical Genetics) program to be recognised by the MMC for specialist registration purposes. Despite the USM program being recognised by relevant ministries and accredited by the Malaysian Qualifications Agency (MQA), the MMC refused to acknowledge the qualifications of the six USM pathology graduates.
Among these graduates, four have been listed as pathologists (medical genetics) in the Federal Gazette, while the other two, who are also medical lecturers, obtained credentialing and privileging approval at Hospital UiTM to practice clinical genetic pathology from 2022 to 2025.
The MMC’s decision has significantly affected their livelihood and has broader implications for public medical services. The graduates argue that the government fully funded the four-year program through scholarships, with graduates obligated to serve a seven-year bond. Failure to register them with the NSR undermines the purpose of these scholarships and the publicly-funded USM program. Furthermore, the government continues to offer scholarships for enrolment in the Master of Pathology (Medical Genetics) program at USM. The graduates view MMC’s refusal to register specialists from this program as unjustifiable, unreasonable, and irrational.
In response, MMC chief executive officer Dr Anas Hussain defended the regulator’s decision, citing compliance with the Medical Act 1971’s requirements. He explained that the MMC’s decision was based on the program’s failure to meet the criteria for inclusion in the NSR. The MMC contended that the USM program did not meet their criteria for inclusion in the NSR as it requires re-accreditation in accordance with the MQA Act and the amended Medical Act. Dr Anas Hussain also mentioned that the MMC had previously rejected the application for recognition of the medical genetics pathology sub-specialisation, as it did not meet the requirements stipulated under Section 14B of the Medical Act.
As far back as October 2016, the head of the pathology department at Kuala Lumpur Hospital (HKL) issued a request to the Academy of Medicine Malaysia (AMM), as the MMC secretariat, to recommend the recognition of medical genetics as a specialisation under pathology in the NSR. This would allow specialists in this field to be registered and practice in accordance with the Medical Act.
However, the then-health deputy DG for medicine informed the head of MOH’s pathology services that the National Credentialing Council (NCC) had decided that the application for recognition of the medical genetics pathology sub-specialisation could not be considered at that time.
Subsequently, in February 2020, the President of the College of Pathologists made a similar request to list the medical genetic pathology sub-specialisation in the NSR.
The six doctors are seeking intervention from the High Court to overturn the MMC’s decision, assert their compliance with registration requirements, and compel the regulator to register them. The judicial review application was submitted to the Kuala Lumpur High Court on November 16 last year, with the court granting leave on January 3. The case is scheduled for hearing on June 20.
Even though Malaysian Medical Council members are deemed public servants under the Medical Act, the AGC isn’t defending MMC in the judicial review bid by six USM genetic pathology graduates for NSR specialist registration. Under Section 5 and 6 of the Medical Act, MMC members are considered public servants and the Public Authorities Protection Act 1948 applies to them. It was expected that the AGC would extend legal representation to defend the council, which regulates the practice of medicine in Malaysia, as part of the government. Instead, MMC is being represented by the private law firm Kanesh Sundrum & Co. The six applicants are represented by Lee Hishammuddin Allen & Gledhill.
