Govt proposes further changes to health bill
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.