Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part VI · Responsibilities of a Licensee, Holder of Certificate of Registration and Person in Charge
31. Responsibilities
Official textFrom Laws of Malaysia Online, unchanged
A licensee or a holder of a certificate of registration in respect of a licensed or registered private healthcare facility or service shall—
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);
ensure that the licensed or registered private healthcare facility or service is maintained or operated by a person in charge;
inspect the licensed or registered private healthcare facility or service in such manner and at such frequency as may be prescribed;
ensure that persons employed or engaged by the licensed or registered private healthcare facility or service are registered under any law regulating their registration, or in the absence of any such law, hold such qualification and experience as are recognized by the Director General; and
34 Laws of Malaysia ACT 586
comply with such other duties and responsibilities as may be prescribed.
Notwithstanding paragraph (1)(a), different persons may be appointed to manage and assume the duties and responsibilities relating to non-clinical matters including financial, administration and management of non-clinical resources.
Where a licensee or a holder of a certificate of registration who is a sole proprietor contravenes subsection (1), he commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
certificate of registration
“certificate of registration” means a certificate issued under section 27;
Where a licensee or a holder of a certificate of registration who is a body corporate, partnership or society contravenes subsection (1), it commits an offence and shall be liable, on conviction to a fine not exceeding three hundred thousand ringgit.
body corporate
“body corporate” means a body incorporated under the Companies Act 1965;
Where an offence under subsection (1) is committed by a body corporate, a partnership or a society—
in the case of a body corporate, the person responsible for the body corporate;
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 one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Terms defined in s 2
body corporate
Defined · s 2“body corporate” means a body incorporated under the Companies Act 1965;
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;
prescribed
Defined · s 2“prescribed” means prescribed by the Minister by order or regulations made under this Act;
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 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