Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part IX · Closure of Private Healthcare Facilities or Services
Section 52
Official textFrom Laws of Malaysia Online, unchanged
The Director General may, if it appears to him that the continued operation of any private healthcare facility or service would pose a grave danger to the public, by notice in writing order the closure of the private healthcare facility or service for such period and upon such term, condition or direction as he thinks fit or until further notice, and may take such other measures as are necessary to protect the public from grave danger.
Director General
“Director General” means the Director General of Health, Malaysia;
Any order under subsection (1) shall be served on the licensee of such facility or service or the holder of a certificate of registration in respect of the facility or service or the person in charge of the facility or service and shall take effect from the date of service thereof.
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);
A sole proprietor who fails to comply with the order served on him under subsection (1) commits an offence and shall be liable on conviction—
to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and
in the case of a continuing offence, to a fine of one thousand ringgit for every day or part of the day during which the offence continues after conviction.
A body corporate, partnership or society which fails to comply with the order served on it under subsection (1) commits an offence and shall be liable on conviction—
body corporate
“body corporate” means a body incorporated under the Companies Act 1965;
to a fine not exceeding one hundred thousand ringgit; and
Private Healthcare Facilities and Services 47
in the case of a continuing offence, to a fine of five thousand ringgit for every day or part of the day during which the offence continues after conviction.
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 fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and
in the case of a continuing offence, to a fine of one thousand ringgit for every day or part of the 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;
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 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