Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part XIII · Quality of Healthcare Facilities and Services
75. Power of Director General to give directions
Official textFrom Laws of Malaysia Online, unchanged
Where the Director General is of the opinion that any prescribed requirement or any prescribed standard which applies to a private healthcare facility or service is not being observed by that
Director General
“Director General” means the Director General of Health, Malaysia;
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facility or service, the Director General may give to the holder of the approval, licensee or the holder of a certificate of registration in respect of such facility or service such directions in writing as he thinks necessary for the observance of the requirement or standard and shall state in the directions the period within which the holder of the approval, licensee or the holder of the certificate of registration is required to comply with the directions.
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);
Where in the opinion of the Director General the use of any apparatus, appliance, equipment, instrument, substance or any activity in a private healthcare facility or service or the manner in which any blood, blood product, human tissue or fluid or any product of the human body, substance or sample is used, collected, handled, stored or transported, or any other activity conducted is detrimental to the health and safety of any person therein or is otherwise unsuitable for the purpose for which it is used, the Director General may, by notice, direct the holder of the approval, licensee or the holder of a certificate of registration in respect of such facility or service to stop using the apparatus, appliance, equipment, instrument or substance or to stop the activity.
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;
The Director General may, by notice, further direct the holder of the approval, licensee or the holder of a certificate of registration to install or replace such apparatus, appliance, equipment, instrument, substance or any activity therein, and to adhere to such procedures as may be specified in the notice.
certificate of registration
“certificate of registration” means a certificate issued under section 27;
The holder of the approval, licensee or the holder of a certificate of registration who fails to comply with the directions of the Director General under this section commits an offence and shall be liable on conviction—
in the case of a sole proprietor—
to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding four months or to both; and
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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;
in the case of a body corporate, partnership or society—
to a fine not exceeding fifty thousand ringgit; and
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 this section is committed by a body corporate, partnership or society—
body corporate
“body corporate” means a body incorporated under the Companies Act 1965;
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 twenty thousand ringgit or to imprisonment for a term not exceeding four months 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 this Act
blood product
Defined · s 54“blood product” means any substance freshly derived from natural human blood and includes plasma, plasma component and blood cells but does not include any fractionated blood product;
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 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 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