Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part XVI · Enforcement
89. Power to search and seize
Official textFrom Laws of Malaysia Online, unchanged
If it appears to a Magistrate upon written information on oath and after such enquiry as he considers necessary that there is reasonable cause to believe that—
any private healthcare facility or premises has been used or is about to be used for; or
there is in any private healthcare facility or premises evidence necessary to establish, the commission of an offence under this Act, the Magistrate may issue a search warrant in respect of such facility or premises to an
Inspector.
An Inspector to whom a search warrant has been issued under subsection (1) may, at any time by day or by night and with or without assistance—
enter the private healthcare facility or premises, if need be by force; and
search the private healthcare facility or premises for and seize, and remove from the facility or premises, any book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body,
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dialysate, chemical, pharmaceutical, substance or any other thing—
in respect of which an offence has been committed;
in respect of which an offence is suspected to have been committed; or
that is reasonably believed to furnish evidence of the commission of the offence.
An Inspector may—
break open any outer or inner door of any healthcare facility or premises, or any fence, enclosure, gate or other obstruction to the healthcare facility or premises, in order to effect entry thereinto;
remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under subsection (2);
detain every person found in the healthcare facility or premises until the facility or premises have been searched;
in the case of a mobile healthcare facility or premises, seize such healthcare facility or premises;
place any book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or other thing, in a container;
where any book, record, document, apparatus, equipment, instrument, material, article, sample, blood or blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or other thing referred to in paragraph (e) has been seized on any private healthcare facility or premises
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entered into in accordance with section 88 or 89, place the book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or other thing in a room, compartment or cabinet located on that private healthcare facility or premises;
mark, fasten and seal the container referred to in paragraph (e) or, as the case may be, the door or opening providing access to the room, compartment or cabinet referred to in paragraph (f).
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;
healthcare facility
Defined · s 2“healthcare facility” means any premises in which one or more members of the public receive healthcare services;
premises
Defined · s 2“premises” means any place, building or vehicle, whether permanent or temporary;
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 XVII
Power of Minister
Part XVIII
Miscellaneous
Part XIX