Interfering with doctors’ clinical decisions could be illegal, says health DG

Interfering with doctors’ clinical decisions could be illegal, says health DG

Dr Mahathar Abd Wahab says tying reimbursement or approvals to specific clinical choices may breach the Private Healthcare Facilities and Services Act.

Hospital Pharmacy
Health director-general Dr Mahathar Abd Wahab said medical choices must not be dictated by administrative or financial considerations. (Freepik pic)
PETALING JAYA:
Health director-general Dr Mahathar Abd Wahab has warned that any attempt to interfere with a doctor’s authority in patient management or to pressure them into predetermined treatment decisions could amount to a breach of legal provisions.

In a statement today, Mahathar said that Sections 82 and 83 of the Private Healthcare Facilities and Services Act 1998 protect clinical decision-making from outside interference.

“Any arrangement that interferes with a practitioner’s authority over patient management, or pressures them to act contrary to professional ethics, is not only unacceptable but may also constitute an inconsistency with legal provisions,” he said.

“Conditioning guarantee letter approvals or any form of arrangement, directive or contractual condition, or setting reimbursements on predetermined clinical choices, may constitute a breach of these principles.”

While he did not refer to any specific case, several medical professional bodies have been increasingly uneasy over circulars issued by third-party administrators that appear to direct clinical practices at private hospitals and clinics.

One such circular reportedly recommended surgeons to prioritise local anaesthesia over general anaesthesia for surgical procedures, while another directed panel healthcare providers to limit employees to generic versions of medication for chronic conditions.

Mahathar said that choices on anaesthesia, treatment type, and admission status must be based solely on clinical judgment and patient need, not cost or administrative directives.

“While cost-efficiency is an important consideration in healthcare financing, it must never override the professional judgment of registered medical practitioners or the rights of patients to informed, consensual care,” he said.

The health director-general also said that the ministry would continue to monitor such developments closely and work with healthcare providers, insurers and professional bodies to uphold good clinical governance.

“We urge all parties to respect professional boundaries and to place patient welfare above administrative or financial considerations,” he said.

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