Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part XVI · Enforcement
91. Power to seal
Official textFrom Laws of Malaysia Online, unchanged
Where an Inspector has reasonable cause to believe that any premises or place is being used as a private healthcare facility or to provide any private healthcare services—
premises
“premises” means any place, building or vehicle, whether permanent or temporary;
without being licensed or registered under this Act; or
in contravention of any of the conditions imposed by the
Director General, the Inspector may immediately take such steps as he deems necessary or by any means seal such premises or place.
The person using the premises or place as a private healthcare facility or for providing private healthcare service shall, if the premises have been sealed—
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;
within twenty-one days of such sealing produce to the
Director General the licence or certificate of registration of the private healthcare facility or service; and
bear any cost incurred arising out of such action.
The seal shall be removed if—
the person referred to in subsection (2) complies with the requirement of that subsection; or
an order of the court is obtained for such person to cease using the premises or place as a private healthcare facility or for providing private healthcare service, whichever is the earlier.
An Inspector acting under this section shall not be liable for any cost arising out of such action or any damage to the premises or place sealed under this section unless such damage was willfully done.
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Any action taken under this section in respect of any premises or place shall not prohibit the prosecution of any person using such premises or place as a private healthcare facility or for providing private healthcare service in contravention of this Act.
Terms defined in s 2
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;
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;
private healthcare services
Defined · s 2“private healthcare services” means any services provided by a private healthcare facility;
Part XVII
Power of Minister
Part XVIII
Miscellaneous
Part XIX