Section 2

medical, dental, nursing, midwifery, allied health, pharmacy, and ambulance services and any other service provided by a healthcare professional;

accommodation for the purpose of any service provided under this Act;

any service for the screening, diagnosis, or treatment of persons suffering from, or believed to be suffering from, any disease, injury or disability of mind or body;

any service for preventive or promotive health purposes;

any service provided by any healthcare para-professional;

any service for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device or any other medical technology; or

any health-related services;

“licence to operate or provide” means 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);

“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);

“hospice care or palliative care” means care of a terminally ill person that addresses the physical, psychological, emotional and social needs of the person or his family;

“midwifery care” means the assessment or monitoring or care of women during normal pregnancy or labour or during the post-partum period and of their normal newborns, and the conducting of spontaneous normal vaginal delivery;

14 Laws of Malaysia ACT 586

“Minister” means the Minister charged with the responsibility for health;

“nursing care” means any care for patient that is provided by a registered nurse in accordance with the directions of a registered medical practitioner or registered dental practitioner and accepted nursing practice;

“personal care” means any function that an individual normally would perform personally, but for which the individual needs help from another because of advanced age, infirmity, or physical or mental limitation and may include such service as may be prescribed;

“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” 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;

“premises” means any place, building or vehicle, whether permanent or temporary;

“prescribed” means prescribed by the Minister by order or regulations made under this Act;

“private ambulatory care centre” means any premises, other than a

Government ambulatory care centre, private medical clinic or private dental clinic, primarily used or intended to be used for the purpose of performing any procedure related to the practice of medicine in any of its disciplines or any dental procedure and with continuous relevant private healthcare services including nursing services whenever a patient is in the premises, and in which healthcare, beds or other accommodation for the stay of any one patient for a period of not more than 23 hours is provided and from which patients are either discharged in an ambulatory condition without requiring constant or

Private Healthcare Facilities and Services 15

continuous care or supervision and without danger to the continued well-being of the patient or transferred to a hospital;

“private blood bank” means any premises, other than a Government blood bank, used or intended to be used for collecting, screening, processing, storing or distributing natural human blood or blood product;

“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—

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;

to perform or attempt to perform any operation on human teeth or jaws;

to perform any radiographic work in connection with human teeth or jaws or the oral cavity; or

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 haemodialysis centre” means an ambulatory care centre, other than a Government haemodialysis centre, providing or intending to provide haemodialysis treatment, any other procedures or forms of treatment for the purification of human blood;

“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

16 Laws of Malaysia ACT 586

premises as the Minister may from time to time, by notification in the

Gazette, specify;

“private healthcare services” means any services provided by a private healthcare facility;

“private hospice” means any premises used or intended to be used exclusively for providing hospice care or palliative care;

“private hospital” means any premises, other than a Government hospital or institution, used or intended to be used for the reception, lodging, treatment and care of persons who require medical treatment or suffer from any disease or who require dental treatment that requires hospitalization;

“private maternity home” means any premises, other than a

Government maternity home, used or intended to be used for the reception of, and the provision of nursing care and midwifery care for, women in labour or of women immediately after childbirth;

“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—

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;

preventive or promotive healthcare services; and

the curing or alleviating of any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device;

“private nursing home” means any premises, other than a

Government nursing home, used or intended to be used for the reception of, and the provision of nursing care for, persons suffering or convalescing from any sickness, injury or infirmity;

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“register” means the register required to be maintained under section 42;

“registered dental practitioner” means any person who is registered as such under the Dental Act 1971 [Act 51] and who holds a valid practising certificate;

“registered medical practitioner” means any person who is registered as such under the Medical Act 1971 [Act 50] and who holds a valid practising certificate;

“registered midwife” means any person who is registered as such under the Midwives Act 1966 [Act 436] and who holds a valid practising certificate;

“registered nurse” means any person who is registered as such under the Nurses Act 1950 [Act 14] and who holds a valid practicing certificate;

“technical staff” means a medical laboratory technologist or scientific officer or any other person with the qualifications, training and experience recognized by the Director General.