In most places in the world, medicine is a self-governing profession. We vote for our leaders. No so in Myanmar.

Jamie

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Independence guarantees for new medical council in doubt
Shwe Yee Saw Myint
The Myanmar Times
24 April 2015

The government has repealed the former Myanmar Medical Council Law following approval of new legislation that it says will make the council independent on the Ministry of Health. Observers, however, say that the body may be only nominally independent, with most of its positions filled by government officials and the minister for health to occupy one of three powerful “patron” roles.

The Pyidaungsu Hluttaw approved the Myanmar Medical Council Law on April 9, and on April 19 state media announced the repeal of a 2000 piece of legislation of the same name.

The council is responsible for overseeing registered medical practitioners, ensuring nobody practices without a licence and withdrawing or cancelling licences in the event of breaches of its rules.

Such action can be taken for a variety of reasons, including being physically or mentally unfit for work, negligence, failure to act in a moral or ethical way or holding unrecognised qualifications.

While the law is mostly the same as its predecessor, one change is that those practising without a recognised degree face up to six months’ imprisonment and a fine.

Another new feature is a clause stating the council’s independence. But general practitioner Dr Myint Oo, a well-known commentator on medical ethics, said the government would still be in control of the council, as about two-thirds of its 65 positions would be filled by government officials.

The minister for health is also one of three patrons, who are responsible for appointing the members of the medical council. The two other patron positions will be filled by retired health experts, according to the law, which does not state how they will be selected.

Dr Myint Oo said he was disappointed that the members would not be elected by their peers through a vote.

“Director generals from the health ministry and the heads of region and state health departments will automatically become medical council members,” he said. “It is clear that the medical council will be under the thumb of the government … I think this is against democratic practices.”

Dr Samuel Kyaw Hla, the current chair of the Myanmar Medical Council, declined to comment on the law.

But Dr Myint Han, acting director general of the ministry’s Public Health Department, insisted yesterday that the government had no desire to control the activities of the council. He said it was important to have government officials on the council in order to have “good communication” with the ministry.

Another potential issue of concern is the lack of clarity in the law about how non-government representatives on the council will be selected. Under the old law, the council was to feature one doctor from each of Myanmar’s 14 states and regions. However, as by-laws were never drafted to clarify how these doctors should be selected, they were never appointed to the council – ensuring even stronger ministry control over the council’s activities.

Dr Nay Lin, a member of the Pyithu Hluttaw Health Upgrading Committee, said the existing Myanmar Medical Council is drafting by-laws for the law, and these are likely to be submitted to the government for approval within two months.

Member Dr Mya Thein Han said yesterday the council had not begun this process. He said he did not think by-laws would be necessary as the law was “already perfect”.

At least some doctors agree with Dr Myint Oo’s criticisms. Dr Ba Shwe, a member of Myanmar Medical Association, said the council needed to be genuinely independent so it would protect both medical professionals and patients.

He suggested that the council be comprised of MMA members from states and regions, together with “honourable” people from the medical field.

He said he hoped that the new council would take stronger action against doctors who practise without recognised degrees.

Dr Myint Oo said the council would need to work hard to change the perception that it is simply interested in collecting registration fees from doctors.

“We want to see Myanmar Medical Council change significantly … It should not simply be the same as the old council,” he said. “It should prioritise the health security of the people.”

Link: http://www.mmtimes.com/index.php/national-news/14103-independence-guarantees-for-new-medical-council-in-doubt.html