Malaysia legislation

Section 83

of *PRIVATE HEALTHCARE FACILITIES AND SERVICES ACT 1998

Section 83

(a)

a change in the powers of the registered medical practitioner or dental practitioner over the medical or dental management of patients as vested in paragraph 78(a), and a change in the powers of the registered medical practitioner or visiting registered medical practitioner over the medical care management of patients as vested in paragraphs 79(a) and 80(a);

(b)

a change in the role and responsibility of the Medical

Advisory Committee, or Medical and Dental Advisory

Committee as provided under section 78, the Midwifery

Care Advisory Committee as provided under section 79 or the Nursing Advisory Committee as provided under section 80;

(c)

the contravention of any provisions of this Act and the regulations made under this Act;

(d)

the contravention of the code of ethics of any professional regulatory body of the medical, dental, nursing or

Private Healthcare Facilities and Services 65

midwifery profession or any other healthcare professional regulatory body; or

(e)

the contravention of any other written law.

(2)

The licensee or the holder of a certificate of registration or a managed care organization who enters into a contract or makes any arrangement in contravention of subsection (1) commits an offence and shall be liable on conviction—

(a)

in the case of a licensee or holder of a certificate of registration who is sole proprietor, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both;

(b)

in the case of a licensee or a holder of a certificate of registration who is body corporate, partnership or society, a fine not exceeding three hundred thousand ringgit; and

(c)

in the case of a managed care organization, a fine not exceeding five hundred thousand ringgit.

(3)

Where an offence under subsection (2) is committed by a body corporate, a partnership or a society or a managed care organization—

(a)

in the case of a body corporate, the person responsible;

(b)

in the case of a partnership, every partner in the partnership;

(c)

in the case of a society, its office bearers,

(d)

in the case of a managed care organization, the person responsible, 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.

66 Laws of Malaysia ACT 586

Licensee and holder of certificate of registration to furnish information on managed care organization to Director General

Section 83 — AKTA KEMUDAHAN DAN PERKHIDMATAN JAGAAN KESIHATAN SWASTA 1998