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MOH closely monitoring US tariffs, focusing on medical devices, pharmaceutical products

MOH closely monitoring US tariffs, focusing on medical devices, pharmaceutical products

KOTA BARU: The Health Ministry is closely monitoring two key issues following the tariffs imposed by United States (US) President Donald Trump, particularly those affecting medical devices and pharmaceutical products.
Health Minister Datuk Seri Dr Dzulkefly Ahmad said that although Trump had previously indicated an intention to exempt pharmaceuticals from these tariffs, recent developments suggest otherwise.
"Some of the announced tariffs remain unclear, and with Trump's unpredictability, we must remain vigilant. It is crucial for me, as the health minister, to stay attentive to these two matters," he told a press conference after opening the state-level 2025 Madani Afiat Programme in Tunjong here today.
He was responding to questions about the potential impact of the US tariffs on the nation's healthcare supply chain.
Dzulkefly said the ministry was also making early preparations to find alternative markets and sources to ensure the continuity of the country's health supply is not affected.
On April 2, Trump announced a series of reciprocal tariffs imposed on many countries, including 24 per cent on imports of goods from Malaysia, but this has been postponed for 90 days.
Meanwhile, regarding the ban on the sale of electronic cigarette (vape) products by the Terengganu government effective Aug 1, he said the ministry was determined to implement comprehensive regulation on vape products with the gazette of the Smoking Products Control for Public Health Act 2024.
He said the act, which functions as a stand-alone legislation, would serve as a strong foundation for regulating all aspects related to smoking products, including their registration, sales, advertising, and nicotine content.
"Our approach is to enforce strict regulation. Sales to minors will be completely prohibited, and stringent controls will be in place to ensure there is no room for any form of leniency," he said.
He said the state government holds an important responsibility through its authority to deny business licences to entrepreneurs selling smoking products.
He viewed the collaboration by the state government as a positive step towards safeguarding public health.
The Terengganu government announced it will enforce a ban on the sale of vape products at all business premises across the state starting Aug 1.
Terengganu Local Government, Housing and Health Committee Chairman Datuk Wan Sukairi Wan Abdullah was reported as saying that the enforcement is a proactive move by the state government to curb the sale and use of vape products, which pose health risks, particularly to the younger generation.
– Bernama
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Malaysians, beware of unlicensed beauty doctors: Court awards RM800,000 compensation over PJ clinic's botched breast fillers
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Sessions Court awarded RM800,000 in exemplary damages to a woman harmed by breast filler injections at an unlicensed Petaling Jaya beauty clinic, to deter unqualified doctors and clinics It said Malaysians should check if those giving them beauty treatments are actually doctors and whether they have Health Ministry-issued qualification to carry out aesthetic treatments It was also determined that consent form signed by patients are invalid, if the doctor did not tell the patient that they are not qualified to carry out the procedure KUALA LUMPUR, July 30 — Malaysians should make sure to ask doctors if they have the Health Ministry's licence to carry out aesthetic and beauty treatments on them, the Sessions Court in Kuala Lumpur has said in its RM800,000 decision over a breast filler injection procedure. In this medical negligence case, Sessions Court judge Saifullah Bhatti ordered a doctor who did not have the licence, a Petaling Jaya beauty clinic found to be unlicensed, and the beauty clinic's owner, to pay RM800,000 in exemplary damages to a woman over the injection of fillers into her breasts. In this case, the woman — identified only as R for privacy purposes — had experienced pain and swelling after the breast filler injections in 2020. This resulted in her later visiting multiple other doctors, undergoing two MRI scans, and undergoing three surgeries in 2021 and 2024 to remove the fillers, as well as other treatments. With the Sessions Court able to handle cases involving a maximum RM1 million amount, judge Saifullah yesterday said the compensation amount of RM800,000 would send a strong message to doctors in Malaysia to get their qualifications and only do medical procedures that are covered by their licences. The Sessions Court noted that exemplary damages are meant to raise awareness to the public on the issues in a case, and to make an example out of those being sued and to deter them from repeating the same actions they were sued for. The Sessions Court noted that the High Court had in another case in November 2024 awarded RM100,000 in exemplary damages to deter 'beauty clinics which have mushroomed nationwide offering beauty aesthetics surgeries' from performing procedures that are not covered in their licences. The Sessions Court said there is increasingly alarming news of more and more doctors being caught for performing procedures without licence: 'In many cases around the world and not just in Malaysia, patients are sometimes left to die bleeding on the operating table.' Even with the High Court having awarded RM100,000 in the 2024 case, there continues to be news of such rampant doctors, and the Sessions Court judge noted that the RM100,000 sum has not been potent enough to deter such doctors. In Malaysia, the Health Ministry's guidelines require doctors to get the ministry's 'Letter of Credentialling and Privileging' (LCP) or qualification before they can carry out aesthetic procedures — including breast filler injections — on patients. In R's case, the Sessions Court judge said the RM800,000 exemplary damages award was necessary to let Malaysians know they should check on doctors carrying out beauty treatments on them. While anyone can be blamed for not asking basic questions 'such as whether the person treating them is in the first place a doctor', the Sessions Court judge said it is harder to expect the public to know that the doctor must also have an LCP to carry out the aesthetic procedure on them. 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In arriving at the RM800,000 figure, the judge had noted the facts where the doctor did not have an LCP; and that the doctor had failed the examination for the LCP but her 'niat tertunda' or her intention to resit for the examination was postponed because of the movement control orders during the Covid-19 pandemic. The judge also noted that the doctor had taken her lack of the LCP more lightly than she should have as she tried to cite other inapplicable course certificates to insist she was qualified; and that the doctor had misrepresented to R that she would be injected with 100 per cent pure hyaluronic acid fillers but instead injected her with a filler which was lab-tested to be 'primarily composed of silicone'. The judge said the doctor had gone on to perform a drainage procedure on R without an LCP; and that the aesthetic centre and its owner had allowed the doctor to carry out those two procedures on R without an LCP; and that there was no proof that the aesthetic centre and its owner had Health Ministry-required licence to carry out the business. Ultimately, the Sessions Court awarded the woman R with compensation totalling RM919,009.60 in the form of RM800,000 exemplary damages, RM85,000 in general damages for her pain and suffering; and RM34,009.60 in special damages; and also awarded RM25,000 in costs to her. What R's lawsuit was about and what the court decided In her lawsuit filed in April 2023 at the Sessions Court in Kuala Lumpur, the patient R had sued Dr S, the aesthetic centre's owner SHA, and the aesthetic centre's company F to claim for compensation. R's lawsuit claimed that Dr S was negligent by carrying out an aesthetic medical procedure without proper accreditation or licensing and failing to comply with the accepted standard of care by injecting the wrong filler into R's breasts. R claimed that the other two sued were negligent by appointing an unlicensed medical practitioner to perform the procedure and for failing to meet the appropriate standard of care that was expected of them as a medical facility. The Sessions Court found Dr S to be negligent as she performed the procedure on R without the LCP accreditation, also noting that Dr S had failed to disclose to R that she was not legally qualified to perform the procedure. Dr S was also found liable, as R would not have suffered the injuries if she had not used a filler that was later found to be primarily composed of silicone. While Dr S claimed that R had accepted the risks by signing a consent form before the breast filler procedure, the Sessions Court said the patient could not have consented to what had happened to her as she had consented to a pure HA injection instead of a mainly-silicone injection. 'When a doctor performs a procedure without disclosing the fact they are not qualified (such as what happened in this case), any consent obtained under that present is invalid,' the judge said, having noted that a previous High Court decision had found that such failure would undermine a patient's ability to make informed decisions about their treatment. The Sessions Court also found SHA and F to be negligent, noting that the beauty clinic's claimed Petaling Jaya City Council licence was irrelevant as it would only be a local authority's permit to run a healthcare business and is not a valid Health Ministry-required permit to perform medical aesthetics procedures. The Sessions Court said the man SHA is just as liable as Dr S as they were business partners; and the beauty clinic's company F is a healthcare facility which had not shown any accreditation or licensing required under the Private Healthcare Facilities And Services Act 1998 and that it was not qualified to 'play host to what was essentially an unlicensed and therefore illegal business'. R was represented by lawyers Dayang Roziekah Ussin, Abu Daud Abd Rahim and Nik Amalia Suraya Nik Muhammad; while the three sued were represented by lawyer Fakhrul Azman Abu Hasan.

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