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Section 48

Contract between licensed pathology laboratory and managed care organization

of Pathology Laboratory Act 2007

ActIn forceProvision 48 of 87
Section 48
(1)

No licensee shall enter into a contract or make any arrangement with any managed care organization that results in—

(a)

a change in the duties or responsibilities of the Pathology

Laboratory Advisory Committee;

(b)

the contravention of the code of professional conduct issued by the relevant body governing the healthcare professional; or

(c)

the contravention of any provisions of this Act or any other written law.

(2)

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

(a)

in the case of a licensee who is a sole proprietor, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years, or to both;

(b)

in the case of a licensee who is a body corporate or partnership, a fine not exceeding one hundred thousand ringgit; or

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(c)

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

(3)

Where an offence under subsection (2) is committed by a managed care organization, the person responsible for the managed care organization shall also be guilty of the offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years, or to both.