What's a Certificate of Compliance, asks SAITM VC
When asked specifically by the Sunday Times at Thursday’s media briefing whether SAITM has got Compliance Certification from the SLMC, SAITM Vice Chancellor (VC) Prof. Ananda Samarasekera said: “Point is this, to answer your question I should know what is a compliance certificate means, from whom should we get it. In the gazette notification we saw about a compliance certificate and we wanted to verify what this compliance certificate means, compliance with what and who is the relevant ‘professional body’ that the compliance certificate if at all (should) obtained from? And we wrote a letter asking for clarification.”
To the question to whom they wrote, the reply was that it was to the ‘specified authority’ which is the Higher Education Ministry. “Yes. About one and half years back. We had a delegation and met him and there was no answer,” said the VC.
Here are some questions that the Sunday Times asked the SAITM management not only at the media briefing but also at a separate meeting on Wednesday with Vice Chancellor Samarasekera and Director – Laboratory Services and Senior Lecturer, Department of Biochemistry, Dr. Keerthi Attanayake and on e-mail.
SAITM is a legally established higher education institution according to the current legislations applicable to set-up such institutions in Sri Lanka.
SAITM has fulfilled the legal requirements set out in section 70 and section 25 of the Universities Act of 1978 and the procedure relating to recognizing as a degree awarding institute has been duly followed and the Minister of Higher Education in accidence (accordance?) with the powers vested on him has declared in the Government Gazette in 30th August 2011 as a degree awarding institute to award the MBBS (SAITM) degree subject to certain conditions. All these conditions have been fulfilled and was (were) reviewed by a panel of exports (experts?) appointed by UGC at the time and the Specified Authority (Secretary, Ministry of Higher Education) has issued a letter confirming that.
Subsequently this gazette notification was amended by another Gazette in September 2013 have re-evaluated the institution and the academic programme and included the first four batches of students taken to follow the MD programme of the NNSMA (Nizhny Novgorodof State Medical Academy) Russia subject to some conditions. Those conditions were also fulfilled and were revived by another panel of experts appointed by the specified authority.
The NFTH which is the main hospital for clinical training with professorial units is an approved private hospital by the health regulatory authority. The curricula are on par with the curriculums of state medical faculties and the benchmark statement of medicine of the UGC.
In terms of the section 29 of the Medical Ordinance Medical degree awarded by University of Ceylon or corresponding University or from a degree awarding Institute or KDU must be accepted for registration as a medical practitioner and there is no provision in Medical Ordinance to ask or give prior recognition for those degrees.
Furthermore SLMC does not have minimum standards prescribed by regulation (approved by Parliament) to evaluate medical school within Sri Lanka.
SLMC is not vested with powers in terms of Medical Ordinance to issue a certificate of compliance.
SLMC has a role to play in SAITM like for any other degree awarding institution in Medicine, state or non state, to ensure maintaining of minimum standards which have been recognized by law. However to do this SLMC should have Minimum standards prescribed by regulations and approved by Parliament as stipulated in the Medical Ordinance. The guidelines for accreditation published by SLMC are not the prescribed standards published by regulation. As such even though SLMC could acc (ask?) for information and even carry out a visit under section 19 of the Ordinance they cannot make any comment or further recommendation to the Minister of Health to initiate de-recognition of the degree for registration. In any event SLMC is not vested with the powers to recognize or derecognize or refuse registration of the MBBS degree by SAITM under current laws. SLMC was invited by SAITM only to inspect the study program and the facilities with a view of obtaining its advice for any further improvements.
Yes there is a clear difference between ‘specified authority’ and ‘Specified professional body’
Specified authority is appointed by the Minister of Higher Education by regulations approved in the Parliament to perform specific activities laid down in the Universities Act.
Specified professional body is not defined in Universities Act. Once the Specified Authority is appointed (currently the Secretary of Minister of Higher Education and earlier UGC), such authority may publish rules in the Government Gazette under his signature for the administrative and academic purposes. These rules cannot supersede the laws or regulations made under provisions of law. Furthermore by these rules the powers vested on the Minister, or specified authority cannot be delegated to another person or a body such as SLMC.
We have not been informed as to the specific professional body relevant to degree awarding institutes in Medicine who is legally empowered to issue such a certificate. A letter requesting clarification regarding this was sent to specify (specified?) authority more than year ago and also discussed with the then specified authority but no response yet. Furthermore the rules were published after SAITM was given degree awarding status whether these rules have retrospective effect also not stated. As far as SAITM is aware there is no degree awarding institute (Medicine or other) who has fulfilled this requirement.