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Q1 : What is the jurisdiction of the Council?
   

Pursuant to section 29 of the Veterinary Surgeons Act, the Council has jurisdiction over registered veterinary surgeons on disciplinary matters affecting veterinary surgeons. For offences under the Veterinary Surgeons Act, 1974 - please See Offences below.


The primary areas where disciplinary action may be taken include
a) conviction in Malaysia or elsewhere of any offence punishable with imprisonment,
b) guilty of infamous conduct in any professional respect,
c) obtained registration by fraud or misrepresentation,
d) was not at the time of registration entitled to be registered or
e) whose name has been removed from any register of veterinary surgeon maintained in any place outside Malaysia.

 
   
   
  .: Q2 : I have heard of the ‘Guide to Professional Conduct and Ethics’, what are they?
   

Being statutory body, the Council self-regulates the veterinary surgeons’ profession in Malaysia. The Council makes rulings and regulations from time to time on various aspects of professional conduct in the light of the needs of society and changing professional norms.

The ‘Guide to Professional Conduct and Ethics’ is a guideline that spells out how practitioners should relate to their patients, their colleagues and the public. The definition of infamous conduct in any professional respect as adopted from the Code of Practice of the Malaysian Medical Council is as follows:

The phrase "infamous conduct in a professional respect" was defined in 1894 by Lord Justice Lopez as follows:

"If a medical man in the pursuit of his profession has done something with regard to it which will be reasonably regarded as disgraceful or dishonourable by his professional brethren of good repute and competency, then it is open to the General Medical Council, if that be shown, to say that he has been guilty of infamous conduct in a professional respect."


In another judgment delivered in 1930, Lord Justice Scrutton stated that:
"Infamous conduct in a professional respect means no more than serious misconduct judged according to the rules, written or unwritten, governing the profession."


Professional conduct and personal behaviour are grouped under four main headings:

  1. Neglect or disregard of professional responsibilities.
  2. Abuse of professional privileges and skills.
  3. Conduct derogatory to the reputation of the medical profession.
  4. Advertising, canvassing and related professional offences.

The Guide does not cover the issue on charges and fees for the services granted in the practice of veterinary medicine as Section 4 of Competition Act 2010 Act 712 prohibits the fixing of charges and negotiation or discussion on charge and fees.

The client and the veterinary surgeon should have come to agreement at the time of consultation on the subject of charges and fees imposed for routine, additional or extraordinary services granted during normal working hours as well as on national or public holidays.

Please refer to the Guide to Professional Conduct and Ethics for a full explanation.

 
   
   
  .: Q3 : What other guidelines are there as to what is regarded as ethical and unethical behaviour?
   

The Council may issue from time to time, directives, circulars, reminders and notices to practitioners to supplement and complement the Guide to Professional Conduct. This will provide additional guidance and advice to practitioners alike.

 
   
   
  .: Q4 :As a client, what can I do if I have problems with the attending veterinary surgeon?
   
A client should get sufficient information from the attending veterinary surgeon about the case, costs , prognosis, treatment and surgical options before agreeing to any procedure.

As mentioned above, charges and services do not come under the ambit of the Council as the Competition Act 2010 prohibits the fixing and determining of charges for services rendered.

In the event there is a dispute, the client should discuss the concern with the veterinary surgeon for a satisfactory outcome, otherwise seek other remedies.

In addition, the client and the veterinary surgeon should seek all efforts to resolve the complaint amicably where possible before a complaint is brought to the council.

In the event there is a dispute, which cannot be settled with a satisfactory outcome, you can discuss your concerns with us at any time. However, before calling us, you may wish to discuss your concerns with the attending veterinary surgeon, as it may be possible to resolve the issue locally.

If you are dissatisfied or wish to make a complaint, please do where appropriate.
Click here to File a complaint
   
   
  .: Q5 : How to make a complaint against a veterinary surgeon?
   

If you decide to make a formal complaint, please refer to Complaint section in our website. Your letter of complaint can be in Bahasa Malaysia or English. Alternatively, if you prefer, you can use the Complaint Form . The complaint should be precise with sufficient details of the Complaint which includes

   
   
  .: Q6 : Do I have to, as a complainant, need to pay for any legal costs?
   
No, the Council has its own solicitors to help with the legal side of things.
You need not pay for any legal costs unless you appoint a legal counsel to assist you.
   
   
  .: Q7 : Do I need a solicitor or a legal advisor to make a complaint?
   
You need not appoint a legal advisor to make a complaint. However, you are free to appoint a legal advisor at your own expense.
   
   
  .: Q8 : Is there a time limit for making complaints?
   
No, there is no time limit when you can make a complaint.
You can make a complaint even for an event which has occurred some time ago.
However, it will be more difficult to verify the facts of a complaint have occurred some time ago.
   
   
  .: Q9 : Can I complain to the Council and to another organization at the same time?
   
Yes, you can complain to us irrespective whether or not you have complained to another organization (including constituting a civil action). We may have to defer further action until the other organization has completed its due course, if it is deemed necessary.
   
   
  .: Q10 : How will your complaint be dealt with?
   

We take all complaints about veterinary surgeons very seriously. As investigation of any complaints may end up in a legal action, there are specified legal procedures, which we have to abide strictly. In general complaints will be dealt as follows:

  • Complaint received
  • Institute an inspection or the set up of a investigation or both
  • Determine members of Preliminary investigation committee (PIC)
  • Complaint against veterinary surgeon studied by PIC
  • Summary findings for enquiry or dismissal of complaint by PIC
  • Procedures for enquiry
  • Record of enquiry to be transmitted to the Council
  • Enquiry by the Council
  • Appointment of Legal Advisor, where necessary.
  • Refer the case to the Attorney General's chambers if there are offences alleged that related to the complaint
   
   
  .: Q11 : What happens if the Council decides not to investigate into your complaint?
   

If we decide not to investigate into your complaint, it will be likely that the complaint falls under the dismissal criteria as prescribed by Preliminary Investigation Committee. The complaint  may be summarily dismissed, if it is satisfied that:

  • That the name and address of the complainant/witnesses is/are unknown or untraceable;
  • The complainant or witnesses decline to be interviewed or do not agree to be witnesses in any proceedings or are with the case to be dropped;
  • That even if the facts were true, the facts do not constitute a disciplinary matter; or,
  • For reasons which must be recorded, that there is reason to doubt the truth of the complaint or information. Pursuant to section 29 of the Veterinary Surgeons Act 1974 , the Council only has disciplinary jurisdiction over registered veterinary surgeons.
If your complaint is not investigated, you will be notified in writing.
The veterinary surgeon will not be informed of the complaint.
   
   
  .: Q12 :What if the Preliminary Investigation Committee (PIC) recommends an inquiry?
   

If the PIC recommends an inquiry, we will write to inform you and the respondent veterinary surgeon(s) once the date has been fixed for hearing. We will give both parties sufficient notice. You need to present the complaint and be cross-examined by the respondent veterinary surgeon and/or the lawyer defending the veterinary surgeon..

Both the complainant and the respondent veterinary surgeon can appoint legal counsel to assist them in the investigation at own expense.


The complainant is required to bring original evidences and witness/es for the hearing.
The respondent may call upon any witness/es to defend the complaint against him.
   
   
  .: Q13 : What happens if the Council decides to take action?
   

If the PIC finds that there is a case to proceed with, the Council will inquire further into your complain. The Council may notify you and the respondent veterinary surgeon in writing once the hearing date is fixed.

Both the complainant and the respondent veterinary surgeon can appoint a legal counsel to assist them in the investigation at their own expense.

The complainant is also required to bring all the original evidences for the hearing. He need not bring any witness/es. The respondent veterinary surgeon, however, is advised to call upon any witness/es he deems fit to defend his case.
   
   
  .: Q14 : How long will it take for the Council to consider my complaint?
   

We appreciate that making a complaint can be stressful, so we will try to consider your complaint as quickly as we can. The length of the investigation depends on the complexity and seriousness of each concern.
If we decide to investigate into your complaint, we will take every effort to keep delays to a minimum and complete the investigation as quickly and efficiently as we can and will keep you informed of progress. We have to be fair to both parties.

   
   
  .: Q15 : What happens if the enquiry by the council to a complaint has merit for disciplinary action?
   

The Council can take the following action under Section 30 of the Act  if there is merit for disciplinary action i.e. the Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments: -

  • (a) order the name of such registered veterinary surgeon to be removed from the Register;
  • (b) order the name of such from the Register;
  • (c) order the registered veterinary surgeon to be reprimanded; or
  • (d) make any such order as aforesaid but suspend the application thereof, subject to such conditions as the Council may think fit, for a period, or periods in the aggregate, not exceeding two years’ and may in any case, make such order as the council thinks fit with regard to the payment of the costs of the Registrar and of any complainant or of the registered veterinary surgeon, and any costs awarded maybe recovered as a civil debt.
   
   
  .: Q16 : What if I am not happy with the way the Council has handled my complaint?
   

Whatever action we take, our first concern is to protect patients. We will keep you informed of any action we are taking and provide you with a clear explanation for our decisions. As investigation of any complaints may end up in a legal action, there are specified legal procedures, which we have to abide strictly. If you are not happy with the way we have handled your complaint, please discuss the problem with the person who handled your complaint. You may contact the Secretary, or even the President, if you are still unhappy.

   
   
  .: Q17 :Who will bear the Legal Costs?
   

As a complainant or a respondent veterinary surgeon, you may present/defend your case personally or instruct your own legal counsel. If one decides to appoint a legal counsel, one will pay your own legal expenses.

   
   
  .: Q18 : Can the veterinary surgeon appeal against the decision made by the Council?
   

Yes, the veterinary surgeon can only appeal to the High Court. If there is an appeal, you will not be asked to appear at the hearing. The High Court may affirm, reverse or vary the orders made by us.
The decision of the High Court is final.