Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part XII · Mortality Assessment
70. Secrecy of information obtained by Committee
Official textFrom Laws of Malaysia Online, unchanged
All information obtained by a Committee or a mortality assessment committee established under section 72 by a private healthcare facility, or by any other person, in the course of the exercise of the functions of such committee or person, shall be treated as confidential except—
Committee
“Committee” means a National Mortality Assessment Committee. Establishment of National Mortality Assessment Committee
for purposes connected with those functions;
for the purpose of an investigation of any alleged crime;
or
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for the purpose of any criminal proceeding.
Nothing in this section shall limit or affect the provisions of section 67, 68 or 71.
Section 115 shall be read subject to the section.
Any person who, whether directly or indirectly, divulges any information in contravention of subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one thousand ringgit.
No person shall be compelled or permitted to divulge, in any civil proceeding, any information relating to an assessable death that he has acquired in the course of his duties under sections 67, 68 and 71
assessable death
“assessable death” means a death that, in the opinion of any medical practitioner or dental practitioner, may be related to anesthesia or any anesthetic procedure, or medical technology or any medical procedure, or surgery or any surgical procedure;
and no such information shall be admissible as evidence in any civil proceedings.
Nothing in this section shall limit or affect the notification of deaths under any other written law relating to notification of deaths.
Terms defined in this Act
assessable death
Defined · s 64“assessable death” means a death that, in the opinion of any medical practitioner or dental practitioner, may be related to anesthesia or any anesthetic procedure, or medical technology or any medical procedure, or surgery or any surgical procedure;
Committee
Defined · s 64“Committee” means a National Mortality Assessment Committee. Establishment of National Mortality Assessment Committee
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 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