Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part VII · General Provisions Relating to Approval, Licence and Registration
39. Restriction on use of premises
Official textFrom Laws of Malaysia Online, unchanged
The premises to which a licence to operate or provide a private healthcare facility or service or a certificate of registration relates shall not be used for any purpose other than the purpose in respect of which the licence or certificate of registration is issued, and purposes reasonably incidental thereto.
premises
“premises” means any place, building or vehicle, whether permanent or temporary;
If the licensed or registered private healthcare facility or service is used in any manner contrary to subsection (1)—
private healthcare facility
“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;
where a licensee or the holder of the certificate of registration is a sole proprietor, 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; and
in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction;
where the licensee or the holder of the certificate of registration is a body corporate, partnership or society, it commits an offence and shall be liable on conviction—
38 Laws of Malaysia ACT 586
to a fine not exceeding three hundred thousand ringgit; and
in the case of a continuing offence to a fine not exceeding five thousand ringgit for every day or part of a day during which the offence continues after conviction; and
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; and
in the case of a continuing offence to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.
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;
licence to operate or provide
Defined · s 2“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
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 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;
premises
Defined · s 2“premises” means any place, building or vehicle, whether permanent or temporary;
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 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