Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part III
8. Application for approval to establish or maintain
Official textFrom Laws of Malaysia Online, unchanged
An application for approval to establish or maintain a private healthcare facility or service other than a private medical clinic or a private dental clinic shall be made to the Director General—
approval to establish or maintain
“approval to establish or maintain” means approval to establish or maintain a private healthcare facility or service other than a private medical clinic or a private dental clinic granted under paragraph 12(a);
in the prescribed form and manner;
accompanied by the prescribed fee; and
by submitting together with the application—
a comprehensive plan for the establishment or maintenance of the proposed private healthcare facility or service including the site plan, building layout plan, design, construction, specification, the type of facility or service to be provided and the proposed arrangements for manpower recruitment including arrangements for manpower training;
22 Laws of Malaysia ACT 586
if the applicant is not a natural person but a company, partnership or society, a copy of its constituent document, duly verified by a statutory declaration made by an authorized officer of the applicant; and
such other information, particulars or documents as may be deemed necessary for the purpose of determining the application and the suitability of the applicant.
At any time after receiving the application the Director
General may by written notice require the applicant to provide additional information, particulars or documents.
The requirements under subsections (1) and (2) may differ as between different applicants and classes, categories, or descriptions of applications.
Where additional information, particulars or documents required under subparagraph (1)(c)(iii) and subsection (2) is or are not provided by the applicant within the specified time or extended time, the application—
shall be deemed to have been withdrawn; and
shall not be further proceeded with, without prejudice to a fresh application being made by the applicant.
An application may be withdrawn at any time before it is granted or refused.
Matters to be considered before approval to establish or maintain is granted
Terms defined in s 2
approval to establish or maintain
Defined · s 2“approval to establish or maintain” means approval to establish or maintain a private healthcare facility or service other than a private medical clinic or a private dental clinic granted under paragraph 12(a);
Director General
Defined · s 2“Director General” means the Director General of Health, Malaysia;
prescribed
Defined · s 2“prescribed” means prescribed by the Minister by order or regulations made under this Act;
private dental clinic
Defined · s 2“private dental clinic” means any premises, other than a Government healthcare facility, used or intended to be used for the practice of dentistry and includes premises used by any person— (a) to treat or attempt to treat or profess to treat, cure, relieve or prevent any disease, deficiency or lesion or pain of the human teeth or jaws; (b) to perform or attempt to perform any operation on human teeth or jaws; (c) to perform any radiographic work in connection with human teeth or jaws or the oral cavity; or (d) to give any treatment, advice or attendance on or to any person in connection with the fitting or insertion for the purpose of fitting or fixing of artificial teeth or of a crown or bridge or an appliance for the restoration or regulation of the human teeth or jaws;
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;
private medical clinic
Defined · s 2“private medical clinic” means any premises, other than a Government healthcare facility, used or intended to be used for the practice of medicine on an outpatient basis including— (a) the screening, diagnosis or treatment of any person suffering from, or believed to be suffering from, any disease, injury or disability of mind or body; (b) preventive or promotive healthcare services; and (c) the curing or alleviating of any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device;
Part IV
Part V
Registration of a Private Medical Clinic and a Private Dental Clinic
Part VI
Responsibilities of a Licensee, Holder of Certificate of Registration and Person in Charge
Part VII
General Provisions Relating to Approval, Licence and Registration
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