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Oh for quack’s sake, get new legislation!

Oh for quack’s sake, get new legislation!

29 Feb 2024


Sri Lanka’s outdated policies and legislation was once again highlighted when the Sri Lanka Medical Council (SLMC) acknowledged that they (the regulator) have no legal provisions to take action against unqualified persons acting as doctors, scamming thousands of victims in the island.  Recently, the leading government medical doctor trade union, the GMOA also raised the issue with the Health Ministry, citing increasing reports about quack doctors, islandwide. The fact that Sri Lanka, which trumpeted one of the best public health systems in the region, if not the world, lacks regulatory legislation to take action against such unscrupulous persons, is deeply troubling.  

Recent reports indicate that there may be more than 10,000 individuals engaging in the medical practice without relevant qualifications or engaging in work in medical systems for which they possess no qualifications.  The SLMC Registrar, Dr. Hemantha Herath told The Daily Morning that no existing legal provision enables the SLMC to initiate action against such individuals. “There are some legal issues with regard to this matter. There is no provision in any of the legislation that enables us (SLMC) to take action. In the current context, it is the Police that can take action against such individuals under the Penal Code,” he said. Dr. Herath also said that the SLMC is currently making an effort to amend the relevant legal provisions so as to ensure that they are empowered with the necessary powers. “I don’t know to what extent this would be successful, but we are trying to amend the relevant legal provisions and deal with this issue.” According to the SLMC regarding the many quack doctors reported, the council, at present, can only act on those who are registered under it.

The status quo raises several significant questions. Firstly, the lack of robust regulatory process to vet and ensure compliance by medical doctors and other medical professionals, may be indicative that what is being reported is just the ‘tip of the iceberg’. Secondly, the fact that unregistered ‘practitioners’ exist, and is outside the regulatory procedure, implies that the health sector, including the Ministry of Health has not done its due diligence for a long time. The third issue, which arises from this information is that, following the mass exodus of doctors from Sri Lanka, seeking greener pastures during the crisis period of 2022-23, the vacuum left by them is being filled by someone, the issues is that, those someone are, unregistered, and unqualified doctors.  With the state of health, post Covid-19, high cost-of-living and of medicines, reduced efficiency at state hospitals, the public is today largely left to their own devices to obtain primary care, or seek help of a general practitioner. Most Sri Lankans, especially the elderly and low-income families, today do not want to get hospitalised, fearing cost. They have become increasingly dependent on general practitioners (GPs) and pharmacists to seek over the counter medicines for their illnesses. It is indeed shameful that there are thousands of quack doctors, who would prey on such vulnerable groups, and that there is little or nothing the apex medical regulatory body can do about it.

Given the scrutiny the state pharmaceutical and medicines procurement process is under at present due to multiple scams and corruption, the public has increased awareness of that issue, and the resultant political fallout, with a former health minister being remanded, has given the necessary jolt for Sri Lankan policymakers to muster political will to improve the health procurement regulatory mechanism. Similarly, let’s not wait for the ill effects of quack doctors, and unqualified personnel who treat our most vulnerable, to come to light en masse. It is incumbent on the Government of the day, and the health sector as a whole to take this opportunity to introduce a world class medical practitioner code of conduct, and professional qualifications and standards regulatory procedure, with punitive actions that will discourage non-compliance. Quack doctors, and pharmacists should have no place in Sri Lanka. It’s time to bring the necessary regulations for that, and to ensure the registered – qualified medical practitioners are held to higher standards.  Sri Lankans deserve such.        



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