Govt proposes further changes to health bill

Dewi Santoso, Jakarta

The debate over the deliberation of the medical practice bill looks set to drag on, as the government has proposed a disciplinary committee to provide better protection for both doctors and patients.

The bill, sponsored by the House of Representatives, recommends a disciplinary court to ensure the obligations of patients and doctors are fulfilled, and their rights protected.

The House and the government are deliberating the bill, which was originally scheduled to be endorsed by the end of May.

Chapter VIII of the bill says the disciplinary court would be formed to accommodate patients who sought justice for losses resulting from poor medical service.

However, as the country already has four court systems, the Ministry of Health has rejected the proposal and is pushing for a disciplinary committee to handle such disputes.

The four court systems are the public court, commercial court and state administrative court and rights tribunal.

Under the government's proposal, the disciplinary committee would be authorized to examine and investigate cases to determine whether doctors had failed to exercise the accepted degree of professional skill, or rendered services which resulted in injury, or damage.

However, the proposal does not say that negligent doctors would be charged with malpractice.

The committee would have the power to impose sanctions on doctors who were proven guilty of negligence, including the one- year suspension of their medical license, or compulsory further education at medical school.

The committee would comprise a chairperson, an expert on health law, a deputy chairperson, a doctor and a secretary.

Appointed by the minister of health, the committee would serve for three years, with a possible extension of its term.

The government has also proposed basic changes to some of the bill's articles.

Article 36 of the bill states that doctors are entitled to a medical fee, but it does not outline their obligations.

The proposed changes clarify the responsibilities of doctors.

The bill says doctors have the right to receive legal protection as long as they abide by the standard procedures of their profession.

Apart from adhering to standard procedures, doctors would be obliged to refer cases, which were beyond their capabilities, to a specialist, or doctor with higher skills. Also, they would be legally bound to keep their patient's medical records confidential.

The government also proposes changes to Article 41 of the bill, which requires doctors to inform their patients of any medical treatment they will undergo in advance.

The revision confines doctors to explain to patients in detail the goals of their treatment, as well as risks, possible complications and alternative treatments.

Yet, no article, in either the government proposal or the bill, states that doctors could be charged with malpractice.