Fuad: Murray just like other doctors

As such, “It is no big deal” if Dr Conrad Murray – the cardiologist who served two years in prison for involuntary manslaughter in the death of Michael Jackson - is doing the same.

“If you are already registered in Trinidad and Tobago and you went abroad and you are on your way back, there is no need to bring a letter of good standing because you are already registered,” said Khan in a telephone interview with Newsday yesterday.

“What you need to do is to pay your retention fee and you go about your business.

And sometimes people do not pay retention fees and they continue to practice anyway. A lot of people do not pay their annual retention fee in Trinidad and Tobago.” Asked about the consequences for a doctor not paying the fee Khan said, “Suppose he (a doctor) operates on a patient and the patient claims medical insurance, some insurance companies use the fact that the retention fee wasn’t paid to not pay the patient back the money that they are supposed to pay them.” That is the “only problem” said Khan.

“But that is not law. It is a policy.” Newsday exclusively reported that Murray was registered to practice locally in 1999 but had not “renewed” his medical licence since 2004 based on information provided by administrative officials at the medical board.

But Murray, through his attorney Keil Taklalsingh, as reported in another newspaper, has since denied the claim, saying that the law does not require an annual “renewal” of the licence.

However, Taklalsingh said the payment of an “annual retention fee” is required, but “for reasons unknown” the medical board denied Murray’s attempts to pay the fee. For their refusal to accept his payment, Murray has stated his intentions to take legal action against the medical board, arguing that they had no grounds to refuse his payment.

Newsday previously reported, based on information provided by a credible source, that because Murray had practiced out of the country for so long, his attempts to pay the fee were denied pending his provision of letters of good standing from the medical boards where he last worked.

Newsday reported that Murray was unable to do so as his licences in California and Nevada were still listed as “suspended” and his Texas licence was revoked after his conviction.

But Khan said there was no requirement for Murray to provide said letters as he was already registered before leaving to practice abroad. His conviction in another jurisdiction, Khan explained, did not affect his local status. The only way for a doctor to be barred from practicing is if he is officially de-registered by a tribunal set up by the board, said Khan.

“And then you have to go through a tribunal.

You have a defence, you can bring your lawyers, and after that process, there is a decision which you can be de-registered.

However, you could take that to court and take the board to court to say you are unfairly being de-registered.” According to Section 2 (5) of the Subsidiary Legislation Medical Board (fees) Regulations in the Medical Board Act, “when an annual retention fee is paid, the member or holder of a licence shall receive a certificate of good standing.” The Act does not define the power of a certificate of good standing or whether not paying the annual retention fee makes a medical licence invalid.

The Act does, however, empower the Council of the Medical Board to set rules and regulations as it sees fit for the carrying out of its mandate.

Newsday’s attempts to seek clarification from the medical board on the interpretation of the law were futile. Newsday was told that the board will be discussing the reports of Murray’s status in its next sitting carded for the second Wednesday in July.