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ARISING FROM THE DELIBERATIONS OF MEDICAL REGISTRATION (AMENDMENT)BILL 2016 MAJOR ISSUES AND CONCERNS TP Paper No. TP02(2016)

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Page 1: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

A R I S I N G F R O M T H E D E L I B E R A T I O N S O F M E D I C A L R E G I S T R A T I O N ( A M E N D M E N T ) B I L L 2 0 1 6

MAJOR ISSUES AND CONCERNS

TP Paper No. TP02(2016)

Page 2: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

Medical Registration (Amendment) Bill 2016

• 10 Bills Committee meetings

• over 40 deputations + submissions

• 30 Government information and response papers

• over 30 hours of debate at LegCo

• Numerous comments, articles, TV series, news reports, editorials

Deliberations of the Bill

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Page 3: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

MAJOR ISSUES AND CONCERNS

• Conferring all functions, from registration, standardsetting to inquiry, on MCHK members not desirable.Many suggested separation of functions for complaint handling and disciplinary inquiry

• Structural changes rather than incremental changesshould be introduced

• Reference should be made to overseas experienceand practices of other professions such as lawyersand accountants

There should be a modern mechanism for complaint investigation and disciplinary

inquiry to be set up separately under MCHK

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Page 4: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

MAJOR ISSUES AND CONCERNS

Efficiency of the complaint investigation anddisciplinary inquiry mechanism should be enhanced

through necessary legislative amendmentsand administrative measures

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Urgency toclear the bottlenecks

Enabling more than one Preliminary Investigation Committee (PIC) tobe set up

Making greater use of assessors in lieu of council members for PIC and inquiry

Allowing more than one Legal Advisor

Allowing DoJ to make use of outside lawyers to serve MCHK

Enabling inquiry to be held concurrently

Revisiting the formation and quorum of PIC and inquiry

Necessary manpower and financial resources should be provided to MCHK

Page 5: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

MAJOR ISSUES AND CONCERNS

• Present number (4) and percentage (14%) of lay council members insufficient

• No golden rule, but 25% is a welcome step forward,though some asked for more

• Patients' interests should be adequately represented in MCHK

• Both lay council members and lay assessors should be increased

• Transparent selection/election procedure

Lay participation in MCHK should be increased for greater credibility and

accountability

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Page 6: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

• Additional lay council members should be returned by election as far as possible

• Elected members in MCHK should not be fewer than appointed members

There should be adequate check andbalance in MCHK membership

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MAJOR ISSUES AND CONCERNS

Page 7: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

• Increase the pool of doctors so as to provide more flexibility for conducting PIC and inquirymeetings concurrently and more frequently

• Substantial increase in medical assessors welcomed

• Medical assessors should not all be nominated byDH, HA, HKAM, HKU and CUHK. There should be broader involvement of doctors from all quartersof the profession, including frontline doctors

There should be more doctors to handle complaints

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MAJOR ISSUES AND CONCERNS

Page 8: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

MAJOR ISSUES AND CONCERNS SUMMARY

A modern mechanism for complaint investigation anddisciplinary inquiry to be set up separately under MCHK

Improving efficiency of the complaint investigation anddisciplinary inquiry mechanism

Increasing lay participation in MCHK

Adequate check and balance in MCHK membership

Having more doctors, in particular medical assessors, to handle complaints

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There are loud and clear calls for-

Page 9: MAJOR ISSUES AND CONCERNS - Food and Health Bureau · MAJOR ISSUES AND CONCERNS Efficiency of the complaint investigation and disciplinary inquiry mechanism should be enhanced through

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THE END