Malaysia legislation

Section 31

of *PRIVATE HEALTHCARE FACILITIES AND SERVICES ACT 1998

Section 31

(a)

ensure that the licensed or registered private healthcare facility or service is maintained or operated by a person in charge;

(b)

inspect the licensed or registered private healthcare facility or service in such manner and at such frequency as may be prescribed;

(c)

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

(d)

comply with such other duties and responsibilities as may be prescribed.

(2)

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.

(3)

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.

(4)

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.

(5)

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;

(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 one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Person in charge

Section 31 — AKTA KEMUDAHAN DAN PERKHIDMATAN JAGAAN KESIHATAN SWASTA 1998