Malpractice kept out of medical bill
Dewi Santoso, The Jakarta Post, Jakarta
The House of Representatives endorsed on Tuesday the long-awaited bill on medical practice, which does not have any provisions for the punishment of the perpetrators of malpractice.
However, patients who are disappointed with or are disadvantaged by the service provided by doctors can file lawsuits against them with the courts.
The bill carries a prison sentence and fines and other sanctions that could cause doctors or dentists to lose their jobs due to violations of the profession's code of ethics and discipline.
It says doctors or dentists who provide medical services without valid licenses, or with fake licenses, will face a prison term of up to five years and fines of up to Rp 100 million (US$10,869). The same penalties could be handed down on foreign doctors or dentists who provide medical services without registration.
Anyone who poses as a doctor or dentist and provides medical services will face a maximum prison term of up to five years and a fine of up to Rp 150 million.
Indonesian Health Consumer Empowerment Foundation (YPKKI) chairman Marius Widjajarta said the penalties did not protect patients from malpractice as the bill only spelled out administrative sanctions.
"The law is useless as it does not mention anything about malpractice and its legal consequences. It will protect doctors more than the public," said Marius, who is a general practitioner.
The bill's endorsement came after a baby, who was an alleged victim of malpractice and was moved to the Cipto Mangunkusumo Hospital in Central Jakarta for treatment, died on Monday night.
In a bid to protect patients from poor medical services, the bill stipulates the establishment of a medical council with which all newly graduated doctors will be required to register before they can obtain a license from the Ministry of Health, determines national standards of medical services and supervises medical practitioners in order to uphold those standards.
The council will consist of 17 persons, 10 of whom will be doctors, three nonmedical citizens, two officials of the Ministry of Health and two officials of the Ministry of National Education. The council will be under the supervision of the president.
To uphold discipline among doctors in providing medical services, the bill mandates the formation of a disciplinary council. Members of the council will comprise 11 persons, eight of whom will be doctors and three legal experts.
The disciplinary council will hear complaints filed by patients and determine whether doctors have violated the code of ethics or discipline.
Earlier, House of Representatives Commission VII deputy chairman Achmad Sanoesi Tambunan suggested that the disciplinary council should have the authority to examine, investigate and determine whether or not doctors had taken wrong steps, or committed errors and bring such cases to court.