A Universiti Sains Malaysia medical graduate, Dr Basmullah Yusom, has been sent to jail for having contravened the Private Healthcare Act.

When the act was being finalised, the health minister and the director-general of health came out publicly to “guarantee we’ll be careful when enforcing the legislation and that we won’t send them to jail for the slightest offences”.

As a responsible doctor keen to obey the law, I am wondering what major offence Dr Basmullah was guilty of.

Was he selling hallucinogens to addicts, a despicable act allegedly practised by some clinics in the Klang Valley? Did he overcharge patients or negligently harm and kill some patients?

The Malaysian Medical Association said that he was only slow in registering his clinic as he was on the verge of moving his practice to another place.

Some colleagues have been informed by the ministry that the way their toilet door opens is in contravention of the act; it should open outwards instead of inwards.

But if a patient faints inside the toilet and is locked in, then it is far easier to force open a door which swings inwards. Furthermore, there is more space for the door to swing inwards into the large toilet than for it to open out onto the narrower corridor.

Are they then in contravention of the act and risk prosecution with possible imprisonment?

DR H.T.O., Penang

Source: NST – January 31, 2008