Malaysia legislation
Section 112
Section 112
(a)
its staff;
(b)
any apparatus, appliance, equipment or instrument used or to be used;
(c)
the condition, treatment or diagnosis of any of its patients or any person to whom the facilities or services thereof are or have been provided;
(d)
any analytical method or procedure used in carrying out any test; or
(e)
its operation.
(2)
A holder of the approval, licensee, the holder of a certificate of registration or a holder of a certificate who refuses or fails to furnish information to the Director General in contravention of subsection (1), or gives any false or misleading information, commits an offence and shall be liable on conviction—
(a)
in the case of a sole proprietor, to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding six months or to both; and
(b)
in the case of a body corporate, partnership or society to a fine not exceeding fifty thousand ringgit.
(3)
Where an offence under subsection (1) is committed by a body corporate, a partnership or a society—
(a)
in the case of a body corporate, the person responsible for the body corporate;
Private Healthcare Facilities and Services 91
(b)
in the case of a partnership, every partner in the partnership;
(c)
in the case of a society, its office bearers, shall also be guilty of the offence and shall be liable on conviction to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(4)
Nothing in this section shall authorize—
(a)
the Director General or any officer to inspect the medical record of any person treated in a private healthcare facility or service; or
(b)
the Director General to obtain any information in respect of any person on any matter in paragraph 112(1)(c), without the prior consent of that person or his representative.
(5)
Notwithstanding subsection (4), the Director General or persons authorized by him in that behalf may inspect any book, document, records or electronic material for the purposes of sections 16, 88, 89, 90 and this section without the prior consent of the patient or person or his representative.
(6)
The inspection under subsection (5) shall be for the purpose of determining the compliance by the licensee, holder of certificate of registration or person in charge of a private healthcare facility or service with the provisions of this Act and regulations made under this Act, and the confidentiality of any information of the patient or person obtained during such inspection shall be observed.
(7)
For the purposes of subsections (4) and (5), “representative”
of a person, means his executor or administrator or next of kin, if the person is deceased, or one of his parents or his guardian if the person is an infant or not capable of giving consent.
92 Laws of Malaysia ACT 586
Officers deemed to be public servants