Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part III
11. Reasons for refusal to grant approval to establish or maintain
Official textFrom Laws of Malaysia Online, unchanged
An application for approval to establish or maintain a private healthcare facility or service other than a private medical clinic or a private dental clinic shall not be granted by the Director General unless he is satisfied that—
approval to establish or maintain
“approval to establish or maintain” means approval to establish or maintain a private healthcare facility or service other than a private medical clinic or a private dental clinic granted under paragraph 12(a);
the applicant is capable of providing adequate healthcare facilities or services;
the applicant is capable of providing adequate and efficient management and administration for the proper conduct of the private healthcare facility or service;
private healthcare facility
“private healthcare facility” means any premises, other than a Government healthcare facility, used or intended to be used for the provision of healthcare services or health-related services, such as a private hospital, hospice, ambulatory care centre, nursing home, maternity home, psychiatric hospital, psychiatric nursing home, community mental health centre, haemodialysis centre, medical clinic, dental clinic and such other healthcare or health-related premises as the Minister may from time to time, by notification in the Gazette, specify;
where the applicant is a sole proprietor, he has not been convicted of an offence involving fraud or dishonesty or is not an undischarged bankrupt;
no one who has been convicted of an offence involving fraud or dishonesty or who is an undischarged bankrupt—
is a member of the board of directors, or is a person responsible for the body corporate, if the application is made by a body corporate; or
person responsible for the body corporate
“person responsible for the body corporate” means any person who is a director or officer of the body corporate or who purports to act in any such capacity or who is in any manner or to any extent responsible for the management of the affairs of the body corporate, or was assisting in such management;
is a partner, if the application is made by a partnership; or
is an office bearer of a society, if the application is made by a society.
Terms defined in s 2
approval to establish or maintain
Defined · s 2“approval to establish or maintain” means approval to establish or maintain a private healthcare facility or service other than a private medical clinic or a private dental clinic granted under paragraph 12(a);
body corporate
Defined · s 2“body corporate” means a body incorporated under the Companies Act 1965;
Director General
Defined · s 2“Director General” means the Director General of Health, Malaysia;
person responsible for the body corporate
Defined · s 2“person responsible for the body corporate” means any person who is a director or officer of the body corporate or who purports to act in any such capacity or who is in any manner or to any extent responsible for the management of the affairs of the body corporate, or was assisting in such management;
private dental clinic
Defined · s 2“private dental clinic” means any premises, other than a Government healthcare facility, used or intended to be used for the practice of dentistry and includes premises used by any person— (a) to treat or attempt to treat or profess to treat, cure, relieve or prevent any disease, deficiency or lesion or pain of the human teeth or jaws; (b) to perform or attempt to perform any operation on human teeth or jaws; (c) to perform any radiographic work in connection with human teeth or jaws or the oral cavity; or (d) to give any treatment, advice or attendance on or to any person in connection with the fitting or insertion for the purpose of fitting or fixing of artificial teeth or of a crown or bridge or an appliance for the restoration or regulation of the human teeth or jaws;
private healthcare facility
Defined · s 2“private healthcare facility” means any premises, other than a Government healthcare facility, used or intended to be used for the provision of healthcare services or health-related services, such as a private hospital, hospice, ambulatory care centre, nursing home, maternity home, psychiatric hospital, psychiatric nursing home, community mental health centre, haemodialysis centre, medical clinic, dental clinic and such other healthcare or health-related premises as the Minister may from time to time, by notification in the Gazette, specify;
private medical clinic
Defined · s 2“private medical clinic” means any premises, other than a Government healthcare facility, used or intended to be used for the practice of medicine on an outpatient basis including— (a) the screening, diagnosis or treatment of any person suffering from, or believed to be suffering from, any disease, injury or disability of mind or body; (b) preventive or promotive healthcare services; and (c) the curing or alleviating of any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device;
Part IV
Part V
Registration of a Private Medical Clinic and a Private Dental Clinic
Part VI
Responsibilities of a Licensee, Holder of Certificate of Registration and Person in Charge
Part VII
General Provisions Relating to Approval, Licence and Registration
Part VIII
Part IX
Closure of Private Healthcare Facilities or Services
Part X
Blood Bank
Part XI
Blood Transfusion Services
Part XII
Mortality Assessment
Part XIII
Quality of Healthcare Facilities and Services
Part XIV
Board of Management and Advisory Committee
Part XV
Managed Care Organization
Part XVI
Enforcement
Part XVII
Power of Minister
Part XVIII
Miscellaneous
Part XIX