Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part XVIII · Miscellaneous
112. Furnishing of information
Official textFrom Laws of Malaysia Online, unchanged
The Director General may from time to time direct the holder of an approval, licencee, holder of a certificate of registration or holder of a certificate to furnish such information on the private healthcare facility or service or the clinic as he may require relating to—
Director General
“Director General” means the Director General of Health, Malaysia;
its staff;
any apparatus, appliance, equipment or instrument used or to be used;
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;
any analytical method or procedure used in carrying out any test; or
its operation.
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—
licensee
“licensee” means a person to whom a licence to operate or provide a private healthcare facility or service other than a private medical clinic or private dental clinic granted under paragraph 19(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
in the case of a body corporate, partnership or society to a fine not exceeding fifty thousand ringgit.
Where an offence under subsection (1) is committed by a body corporate, a partnership or a society—
body corporate
“body corporate” means a body incorporated under the Companies Act 1965;
in the case of a body corporate, the person responsible for the body corporate;
Private Healthcare Facilities and Services 91
in the case of a partnership, every partner in the partnership;
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.
Nothing in this section shall authorize—
the Director General or any officer to inspect the medical record of any person treated in a private healthcare facility or service; or
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.
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.
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.
certificate of registration
“certificate of registration” means a certificate issued under section 27;
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
Terms defined in s 2
body corporate
Defined · s 2“body corporate” means a body incorporated under the Companies Act 1965;
certificate
Defined · s 2“certificate” means a certificate issued under section 57 authorizing the importation or exportation of blood products or natural human blood for transfusion purposes;
certificate of registration
Defined · s 2“certificate of registration” means a certificate issued under section 27;
Director General
Defined · s 2“Director General” means the Director General of Health, Malaysia;
licensee
Defined · s 2“licensee” means a person to whom a licence to operate or provide a private healthcare facility or service other than a private medical clinic or private dental clinic granted under paragraph 19(a);
person in charge
Defined · s 2“person in charge” means a person possessing such qualification, training and experience as may be prescribed and who shall be responsible for the management and control of the private healthcare facility or service to which a licence or registration relates;
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 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;
Part XIX