Private Healthcare Facilities And Services Act 1998

Original Language Title: Private Healthcare Facilities and Services Act 1998

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Laws of MALAYSIA Act 586 PRINT FACILITIES and SERVICES ACT PRIVATE HEALTH CARE 1998 Containing all amendments to 1 May 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 5862 ACT FACILITIES and PRIVATE HEALTHCARE SERVICE 1998 date of Assent.................. August 18, 1998, the date of publication in the Gazette............ 27 August 1998 REPRINT BEFORE Reprinting the first............ 2002 Facilities and private healthcare Service 3 laws of MALAYSIA Act 586 ACT FACILITIES and PRIVATE HEALTHCARE SERVICE 1998 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title 2. Interpretation Part II CONTROL OVER FACILITIES And PRIVATE HEALTHCARE SERVICE 3. Approval and licence 4. Registration 5. Facilities or private health care services is not licensed or not registered 6. Approval and license shall be issued to the sole proprietor, partnership or body corporate 7. Certificate of registration to operate a private medical clinics and dental clinics in the private PART III APPROVAL to ESTABLISH or MAINTAIN FACILITIES or PRIVATE HEALTHCARE SERVICE in ADDITION to PRIVATE MEDICAL CLINICS or PRIVATE DENTAL CLINIC 8. Application for approval to establish or maintain 9. Things that should be considered before approval to establish or maintain a given laws of Malaysia ACT 5864 Section 10. Refusal to process an application for the approval to establish or maintain 11. The reason for the refusal to give approval to establish or maintain a 12. Grant of or refusal to grant approval to establish or maintain 13. Separate approval to establish or maintain facilities or private health care service not connected physically, administration or organization PART IV LICENCES to OPERATE or PROVIDE FACILITIES or PRIVATE HEALTHCARE SERVICE in ADDITION to PRIVATE MEDICAL CLINICS or PRIVATE DENTAL CLINIC 14. Application for license to operate or provide shall be made within three years 15. Application for license to operate or provide 16. Inspection of the premises 17. Refusal to process applications for licences 18. The reason for the refusal to issue or renew a license to operate or provide 19. Grant of or refusal to grant a licence 20. The license shall specify the types of facilities or private healthcare service 21. Separate license for facilities or private health care service not connected physically, administration or organization 22. Duration and renewal of a license to operate or provide 23. License shall be displayed 24. The power to amend the terms or conditions, or the purpose of the approval or licence part V REGISTRATION of PRIVATE MEDICAL CLINICS and DENTAL CLINICS PRIVATE 25. Application for registration 26. Refusal to process an application for the registration of Facilities and private healthcare Service 5 27. Grant of certificate of registration 28. Registration certificate shall be displayed 29. The power to amend the terms or conditions of registration 30. Registration of a separate PART VI RESPONSIBILITY of the LICENCE HOLDER, the HOLDER of the CERTIFICATE of REGISTRATION and the PERSON RESPONSIBLE 31. Responsibilities 32. Person responsible for 33. Change of person responsible 34. Personal care assistance 35. 36. Policy statement 37 patients discontent mechanism. Report events 38. Emergency treatment and services PART VII GENERAL PROVISIONS RELATING to the APPROVAL, licence and REGISTRATION 39. Restrictions on use of the premises is 40. Prohibition against the extension and variation of 41. Transfer, etc., approval, license and certificate 42. Express PART VIII SUSPENSION And REVOCATION Of APPROVAL And Licence, REFUSAL To RENEW The LICENSE And SUSPENSION And REVOCATION Of REGISTRATION 43. Show-cause 44. The reason for the suspension, etc., relating to the administration of the facilities or private healthcare service Section laws of Malaysia ACT 5866 45. The reason for the suspension, revocation, refusal to renew the license, etc., in relation to the eligibility of sole proprietor 46. The reason for the suspension, cancellation or refusal to renew the approval, licence or registration certificate 47. Additional reasons 48. 49 representation. The authority of the Director-General to suspend, revoke or refuse to renew the 50. The surrender of the licence or certificate of 51. Termination of the operation of PART IX CLOSURE of FACILITIES or PRIVATE HEALTHCARE SERVICE 52. Order for temporary closure of facilities or private healthcare service 53. Conditions for the closure, sale or other disposal facilities or private healthcare service part X 54 BLOOD BANK. Interpretation of 55. Prohibition of the supply of native blood and human blood result 56. Import and export of native blood and human blood results 57. Issuance of certificate for import and export of native blood and human blood 58 results. Authorization to test blood from donor PART XI BLOOD TRANSFUSION SERVICE 59. Storage facilities 60. Blood supply minimal 61. Maintain records or receipt and disposal of blood 62. Transfusion reaction 63. Recommendations to the Medical Advisory Committee Section Facilities and private healthcare Service 7 PART XII VALUATION of DEATH Section 64. Interpretation of 65. Establishment Of National Mortality Assessment Of 66. National Mortality Assessment Committee 67. Reported deaths can be the value of 68. Medical practitioners and dental practitioners must provide information 69. Publication information 70. The confidentiality of information obtained by the Committee 71. Protection of the person carrying out his functions as a member of the Committee 72. Committee assessment of death at the facility or private healthcare service 73. Investigation PART XIII non QUALITY HEALTH CARE FACILITIES and SERVICES 74. The quality of health care facilities and services 75. Director-General's power to give directions 76. The authority of the Director-General to issue directions, orders or guidelines relating to the quality assurance DIVISION XIV of the BOARD of MANAGEMENT and ADVISORY COMMITTEE of 77. 78. Management Board Medical or dental Advisory Committee 79. Midwifery Care Advisory Committee 80. The Nursing Advisory Committee Of 81. Penalties for non-compliance with any provision of this section laws of Malaysia ACT 5868 SECTION XV of the MANAGED CARE ORGANIZATION Section 82. Interpretation of managed care organization's 83. Contract between facilities or private healthcare service and managed care organization 84. Licensee and holders of the certificate of registration shall provide information about managed care organization to the Director General 85. Information managed care organizations 86. Express managed care organization PART XVI ENFORCEMENT 87. Appointment Of Inspector 88. The power of the Inspector to enter and inspect the 89. The power to search and seize 90. Search and seize without warrant 91. Power to avoid 92. Power to require information and examine people 93. Duty to assist Inspector 94. Offences relating to the inspection of 95. List of things seized 96. Forfeiture of things seized 97. No person shall be entitled to costs, etc., of seizure 98. Production of the card or badge official 99. Compounding of offences 100. Commencement and conduct of prosecution PART XVII MINISTER'S POWER 101. The appeal of 102. Minister's power to issue general instructions 103. Minister's power to exclude Facilities and private healthcare Service 9 104. Visitors Board 105. Social welfare contributions or 106. Table of fees 107. The power to make regulations PART XVIII a RANGE of 108. Ad 109. National Register Of 110. Service of notice 111. Delegation by Director General of 112. Provide information 113. Officers are deemed to be public servants 114. Legal protection and legal proceedings 115. Confidentiality of information 116. Private psychiatric hospitals, psychiatric care homes and private community mental health center 117. Offences and penalties General 118. Breach of subsidiary legislation PART XIX SAVINGS and TRANSITIONAL PROVISIONS 119. The abolishment of 120. Savings and transitional provisions relating to the licensed private hospital, private maternity home and home treatment existing private 121. Power of Minister to make transitional provisions 122. Savings and transitional provisions relating to private medical clinics and dental clinics in the private Section of the existing laws of Malaysia ACT 58610 Facilities and private healthcare Service 11 laws of MALAYSIA Act 586 ACT FACILITIES and PRIVATE HEALTHCARE SERVICE, 1998 an act to provide for the regulation and control of facilities and private healthcare services and facilities, and other services relating to health and for matters related to it.
[1 May 2006, P.U. (B) 93/2006]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title 1. This Act may be cited as the Act Facilities and private healthcare Service 1998.
Interpretation 2. In this Act, unless the context otherwise requires —

"private blood bank" means any premises, other than the blood bank of the Government, used or intended to be used to gather, examine, process, store or distribute natural human blood or blood results;
Laws of Malaysia ACT 58612 "registered midwife" means any person who is registered as such under the Midwife 1966 [Act 436] and who holds a valid certificate of practice;
"register" means the register required to be maintained under section 42;
"prescribed" means prescribed by the Minister by order or regulations made under this Act;
"private Hospice" means any premises used or intended to be used solely to provide hospice care or pain relief;
"private hospital" means any premises, other than a hospital or Government institutions, used or intended to be used for acceptance, accommodation, treatment and care of people who need medical treatment or suffering from any illness or requiring dental treatment requiring hospitalization;
"hospice care or pain relief" means care sick people with no hope of cure for addressing the needs of physical, psychological, emotional and social that person or his family;
"nursing care" means any care for patients provided by the registered nurse in accordance with the directions of a registered medical practitioner or dental practitioner and registered nursing practice received;
"the care of midwifery" means the assessment or monitoring or care of women during pregnancy or maternity or sick to be within the period of postpartum and the normal appearance of a new baby, and operate normal vaginal birth through spontaneously;
"personal care" means any functions normally performed by an individual, but for which the person is in need of help than others because of more age, illness, or physical or mental limitations and may include such services as may be prescribed;
"registered nurse" means any person who is registered as such under the nursing Act 1950 [Act 14] and who holds a valid certificate of practice;
Facilities and private healthcare Service 13 "technical staff" means a medical laboratory or scientific officer or any other person whose qualifications, training and practice recognized by the Director General;
"the approval to establish or maintain" means the approval to establish or maintain a facility or private healthcare service in addition to private medical clinics or private dental clinic provided under paragraph 12 (a);
"health care facility" means any premises in which one or more than one member of the public to receive health care services;
"Government health care facility" means any facility used or intended to be used for holding health care service established, maintained, operated or provided by the Government but does not include health care facilities the Government privatized or incorporated;
"private health care facilities" means any premises, in addition to government health care facilities that are used or intended to be used to provide health care or services relating to health, such as hospital, Hospice, ambulatory care centres, nursing homes, maternity homes, psychiatric hospitals, psychiatric care homes, community mental health center, medical clinics, haemodialysis centres, private dental clinic and any premises of health care or that relates to health may be determined by the Minister from time to time by notification in the Gazette;
"Director General" means the Director General of health, Malaysia;
"private dental clinic" means any premises, in addition to government health care facilities, which are used or intended to be used for dental practices and includes premises which is used by any person — (a) to treat or try to treat or professes to treat, cure, relieve or prevent any disease, lack or lesions or toothache or human jaw;
Laws of Malaysia ACT 58614 (b) to perform or attempt to perform any operation on the teeth or jaws of humans;
(c) to carry out any work related to dental radiography or jaw or human mouth cavity; or (d) to give any treatment, advice or assistance on or to any person in relation to a match or the inclusion of for the purpose of fitting or installation of artificial teeth or korona or bridge or a tool for recovery or human jaw or teeth arrangement;
"private medical clinic" means any premises, in addition to government health care facilities, which are used or intended to be used for medical practice outpatient basis includes — (a) examine, diagnose, or treat any person suffering from, or believed to be suffering from any disease, injury or disability of mind or body;
(b) preventive health care service or promotion; and (c) cure or reduce any exceptional circumstances body with the adoption of any apparatus, equipment, appliance or device;
"Visitors Board" means the Board of Visitors established under section 104;
"Management Board" means the Board of Trustees or Board of Directors, or any other administrative body to which the vested authority and primary responsibility for handling facilities or private health care services set out in part XIV;
"license to operate or provide" means a license to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic provided under paragraph 19 (a);
"Minister" means the Minister charged with the responsibility for health;
Facilities and private healthcare Service 15 "person in charge" means a person having any qualifications, training and experience as may be prescribed and which is responsible for the management and control of the facilities or private health care services that have nothing to do with a licence or registration;
"person in charge of the body corporate" means any person who is a Director or officer of the body corporate or is purporting to act upon any such nature or with any way or up to any extent is responsible for the management of the Affairs of the Corporation or assist in the management of such;
"licensee" means a person to whom a license to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic provided under paragraph 19 (a);
"dental practitioner" means any person who is registered as such under the Dental Act 1971 [Act 51] and who holds a valid certificate of practice;
"registered medical practitioner" means any person who is registered as such under the medical Act 1971 [Act 50] and who holds a valid certificate of practice;
"certificate" means a certificate issued under section 57 that allows importation or exportation as a result of natural human blood or blood for transfusion purposes;
"certificate of registration" means a certificate issued under section 27;
"health care services" includes — (a) provision of medical, dental, nursing, midwifery, pharmacy, health related, and ambulance and any other services provided by health care professionals;
Laws of Malaysia ACT 58616 (b) place of residence for the purposes of any services provided under this Act;
(c) any service to examine, diagnose, or treat people with or is believed to suffer from any illness, injury or disability of mind or body;
(d) any service for the purpose of prevention or health promotion;
(e) any services provided by any partial health care professionals;
(f) any service for cure or reduce any exceptional circumstances the human body using any appliances, equipment, tools, or devices or any other medical technology; or (g) any services relating to health;
"Government health care services" means any services provided health care, operated or maintained by the Government but excluding the health care service of the Government privatised or incorporated;
"private health care services" means any services provided by private healthcare facilities;
"body corporate" means the organization incorporated under the companies Act 1965 [Act 125];
"premises" means any place, building or vehicle, whether permanent or temporary;
"health care professionals" includes a medical practitioner, dental practitioners, pharmacists, clinical psychologists, nurses, midwives, medical assistants, physiotherapists, occupational therapists and other related health care professionals and any other people involved in providing medical services, health, dentistry, pharmaceuticals, or any other health care services under the jurisdiction of the Ministry of health;

"private haemodialysis Centre" means the ambulatory care centres, other Government haemodialysis Centre, which provides or is intended to set up haemodialysis treatment, any procedure or any other form of treatment for human blood cleansing;
Facilities and private healthcare Service 17 "private ambulatory care center" means any premises, other ambulatory care centres, private medical clinic, Government or private dental clinic, which mainly used or intended to be used for the purpose of carrying out any procedure relating to the practice of medicine in any disiplinnya or any dental procedure and private healthcare service with relevant ongoing services include nursing whenever the patient is in the premises , and in which health care, bedding or other accommodations as a home for any one patient for a period not more than 23 hours available and which of these patients either allowed to leave in a State without requiring ambulatory care or supervision always or continuous and without danger to the continued well-being of the patients to hospital or transferred;
"private maternity home" means any premises, in addition to maternity houses the Government, used or intended to be used for receive, and provide nursing and midwifery care for women who are sick want to childbirth or soon after birth;
"private nursing home" means any premises other than nursing home Government, used or intended to be used for receive, and provide nursing for, those who have or are being rested so that cured of any sickness, injury or weakness.
PART II CONTROL OVER FACILITIES and PRIVATE HEALTHCARE SERVICE approval and licence 3. No person shall establish or maintain any facility or private healthcare services the following without approval granted under paragraph 12 (a) or operate or provide any facilities or services without such a licence granted under paragraph 19 (a): (a) private hospitals; (b) private psychiatric hospital;
Laws of Malaysia ACT 58618 (c) private ambulatory care centres; (d) the private nursing home; (e) private psychiatric nursing home; (f) private maternity home; (g) the private blood banks; (h) private haemodialysis Centre; (i) private Hospice; (j) private community mental health centre; (k) any facilities or private healthcare service or services relating to health as the Minister may, from time to time, by notification in the Gazette; and (l) private healthcare premises that combine any two or more than two facilities or services referred to in paragraph (a) to (k).
Registration 4. (1) No person shall establish, maintain, operate or provide a private medical clinic or private dental clinics unless the clinics registered under section 27.
(2) Notwithstanding subsection (1), private medical clinic or private dental clinic forming part of the premises of a licensed private health care facilities and that the clinic is linked with him in the Organization, administration and physical is not required to be registered separately but shall comply with such standards and requirements as may be prescribed.
Facilities or private health care services is not licensed or not registered 5. (1) any person who contravenes section 3 or 4 is guilty of an offence and on conviction may — (a) in the case of a person an individual person — (i) a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding six years or to both; and Facilities and private healthcare Service 19 (ii) for the offence continues, to a fine not exceeding one thousand dollars for each day or part of a day as long as the offence continues after conviction; and (b) in the case of a body corporate, partnership or body — (i) a fine not exceeding five hundred thousand dollars; and (ii) for the offence continues, to a fine not exceeding five thousand dollars for each day or part of a day as long as the offence continues after conviction.
(2) If an offence under section 3 or 4 is performed by a body corporate, partnership or body — (a) in the case of a body corporate, the person responsible for the body corporate;
(b) in the case of a partnership, each partner in the partnership;
(c) in the case of a body, bearers, is also guilty of an offence and shall on conviction be — (aa) a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding six years or to both; and (bb) in case the offence continues, to a fine not exceeding one thousand dollars for each day or part of a day as long as the offence continues after conviction.
Approval and license shall be issued to the sole proprietor, partnership or body corporate 6. (1) Approval to establish or maintain, or a license to operate or provide can only be issued to — (a) a sole proprietor is a registered medical practitioner;
Laws of Malaysia ACT 58620 (b) a partnership consisting of at least one partner who is a registered medical practitioner;
(c) a body corporate that its Board of Directors consists of at least one of which is a registered medical practitioner.
(2) Notwithstanding subsection (1), the approval to establish or maintain or license to operate or provide private nursing home may be issued to the registered nurse if contractual arrangements had been made for registered medical practitioners visit patients in the House as often as may be prescribed.
(3) Notwithstanding subsection (1), the approval to establish or maintain or license to operate or provide private maternity home shall be issued to the registered midwife if contractual arrangements had been made for registered medical practitioners visit patients in the House as often as may be prescribed.
(4) Notwithstanding subsection (1), the approval to establish or maintain or license to operate or provide private Hospice haemodialysis Centre or private sector, on the basis of voluntary or charitable, can be issued to organizations registered under the Societies Act 1966 [Act 335].
Certificate of registration to operate a private medical clinics and private dental clinic 7. (1) the certificate of registration to set up, maintain, operate or provide a private medical clinic can only be issued to a registered medical practitioner.
(2) the certificate of registration to set up, maintain, operate or provide a private dental clinic can only be issued to dental practitioners registered or body corporate specified in section 28 of the dental Act 1971.
Facilities and private healthcare Service 21 PART III APPROVAL to ESTABLISH or MAINTAIN FACILITIES or PRIVATE HEALTHCARE SERVICE in ADDITION to PRIVATE MEDICAL CLINICS or PRIVATE DENTAL CLINIC Application for approval to establish or maintain 8. (1) an application for approval to establish or maintain a facility or private healthcare service in addition to private medical clinics or private dental clinic shall be made to the Director-General — (a) in the form and in the prescribed manner;
(b) accompanied by the prescribed fee; and (c) by submitting a joint application of — (i) a comprehensive plan for the establishment or maintenance of facilities or private healthcare service proposed that includes site map, plan the layout of the buildings, the design, construction, specifications, types of facilities or services are provided and the proposed arrangements for the recruitment of manpower, including the arrangements for training of manpower;
(ii) if the applicant is not a natural person but a company, partnership or association, a copy of the document konstituennya, certified accordingly with a statutory declaration made by a duly authorized officer of the applicant; and (iii) any information, particulars or other documents as he may deem necessary for the purposes of determining the application and suitability of the applicant.
(2) At any time after receipt of the application the Director General may by notice in writing require the applicant provide information, particulars or additional documents.
Laws of Malaysia ACT 58622 (3) the requirements under subsection (1) and (2) may differ between the applicant and the class, category, or description of different applications.
(4) if the information, particulars or additional documents required under subparagraph (1) (c) (iii) and subsection (2) is not given by the applicant within the time specified or time extension is granted, the application — (a) shall be deemed to have been withdrawn; and (b) cannot continue further, without prejudice to the making of new applications by the applicant.
(5) an application may be withdrawn at any time before the application is allowed or denied.
Things that should be considered before approval to establish or maintain a given

9. In deciding whether or not to grant approval to establish or maintain a facility or private healthcare service in addition to private medical clinics or private dental clinic, the Director General shall consider the following matters: (a) the types of facilities or health care services that will be provided;
(b) extent of facilities or the health care services already existing in a given area;
(c) the need for facilities or health care service in a given area;
(d) future requirements for facilities or health care service in a given area; or (e) any other matters which in his opinion is relevant.
Refusal to process an application for the approval to establish or maintain 10. The Director General may refuse to continue weighing an application for approval to establish or maintain a facility or care Facilities and private healthcare Service 23 private healthcare in addition to private medical clinics or private dental clinic, or may require that the application is amended or completed accordingly and submitted again or that a new application is submitted in order to replace it if — (a) the application form as may be prescribed are not completed properly due to the omission or false description;
(b) the application form contains errors or variations;
(c) the application does not comply with any other requirements that may be prescribed; or (d) the applicant does not show proof that he is the person who is suitable to be given approval to establish or maintain a facility or private healthcare service.
The reason for the refusal to give approval to establish or maintain 11. An application for approval to establish or maintain a facility or private healthcare service in addition to private medical clinics or private dental clinic cannot be allowed by the Director-General unless he is satisfied that — (a) the applicant is able to provide facilities or adequate health care services;
(b) the applicant is able to hold management and adequate and efficient administration for the exercise of proper facilities or the private healthcare services;
(c) if the applicant is a sole proprietor, he has never been convicted of an offence involving fraud or dishonesty or not a bankrupt that has not been discharged;
Laws of Malaysia ACT 58624 (d) No person who has been convicted of an offence involving fraud or dishonesty or a bankrupt that has not been released — (i) is a member of the Board of Directors, or is the person responsible for the body corporate, if application is made by a body corporate; or (ii) is a partner, if application is made by a partnership; or (iii) holds office for a body, if application is made by a body.
Grant of or refusal to grant approval to establish or maintain a 12. After receiving and considering the application for the approval to establish or maintain a facility or private healthcare service in addition to private medical clinics or private dental clinic Director General — (a) may grant approval with or without any terms or conditions;
(b) may refuse the application with or without assigning any reason for such rejection.
Separate approval to establish or maintain facilities or private health care service not connected physically, administration or organization 13. (1) separate Approval to establish or maintain should be requested for facilities or private healthcare service in addition to private medical clinics or private dental clinic is not connected physically, administration or organization.
(2) Approval to establish or maintain a facility or private healthcare service in addition to private medical clinics or private dental clinic shall state the type of facility or private health care services for which approval is given and the purposes for which such approval can be maintained.
Facilities and private healthcare Service 25 PART IV LICENCES to OPERATE or PROVIDE FACILITIES or PRIVATE HEALTHCARE SERVICE in ADDITION to PRIVATE MEDICAL CLINICS or PRIVATE DENTAL CLINIC Application for license to operate or provide shall be made within three years 14. (1) an application for a license to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic shall be made within three years from the date of issuance of the approval to establish or maintain in respect of the facility or the service.
(2) if the licence to operate or provide facilities or services private healthcare is not applied for within the time specified in subsection (1), the approval to establish or maintain a given under paragraph 12 (a) is deemed to have been revoked unless an extension of time was given by the Director General.
Application for license to operate or provide 15. (1) an application for a license to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic shall be made to the Director-General — (a) in the form and in the prescribed manner; (b) accompanied by the prescribed fee; and (c) by submitting with the application any information, details and documents as set out by the Director General.
(2) At any time after receipt of the application and before the application is determined, the Director-General may, by notice in writing require the applicant provide information, particulars or additional documents.
Laws of Malaysia ACT 58626 (3) the requirements under paragraph (1) (c) and subsection (2) may vary between about facilities or private healthcare service that is different.
(4) if the information, particulars or additional documents required under paragraph (1) (c) and subsection (2) is or is not provided by the applicant within the time specified or time extension, application — (a) shall be deemed to have been withdrawn; and (b) cannot continue further, without prejudice to the making of new applications by the applicant.
(5) an application may be withdrawn at any time before the application is allowed or denied.
Inspection of premises of 16. (1) upon receipt of an application for a license to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic, the Director-General shall appoint in writing two or more persons, one of whom shall be a medical practitioner registered — (a) to inspect the premises or private healthcare service is to ensure that the premises comply with building layout plan , the design, construction and specifications relating to the approval to establish or maintain it;
(b) to inspect any equipment, apparatus, tools, material, goods or samples of any material or other thing found in the premises or any matter relating thereto; and (c) to inspect the premises or private healthcare service is to ensure that the premises comply with the standard or requirement, including examining books, records, policies, standard operating procedures, clinical practice guidelines or management or matters connected therewith.
Facilities and private healthcare Service 27 (2) the person appointed under subsection (1) shall submit a report on the inspection to the Director General as soon as practicable.
Refusal to process an application for licence 17. The Director General may refuse to continue weighing an application for a license to operate or provide, or may require that the application is amended or completed accordingly and submitted again or that a new application is submitted in order to replace it if — (a) the application form as may be prescribed are not completed properly due to the omission or false description;
(b) the application form contains errors or variations; or (c) the application does not comply with any other requirements that may be prescribed.
The reason for the refusal to issue or renew a license to operate or provide 18. The Director General may refuse to issue or renew a licence if — (a) if the applicant is a natural person, the Director General is not satisfied about the nature and suitability of the applicants;
(b) if the applicant is a body corporate, the Director General is not satisfied about the nature and appropriateness of Board members or the Committee or the Board of Trustees or Board of Governors for the body corporate;
(c) if the applicant is a partnership, the Director General is not satisfied about the nature and appropriateness of his partner;
(d) if the applicant is a body, the Director-General is not satisfied about the nature and appropriateness of bearers;
Laws of Malaysia ACT 58628 (e) in the opinion of the Director-General of the premises in respect of which application is made is not secure, do not clean or not clean, or not adequately equipped; and

(f) in the opinion of the Director-General, the staff is insufficient or inefficient for the facilities or services of the private healthcare.
Grant of or refusal to grant the licence 19. Upon receipt of and upon considering the report under section 16 and after giving due consideration by the Director General shall have the discretion of — (a) to grant a license to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic with or without any terms or conditions, and on payment of the prescribed fee; or (b) to refuse the application with or without assigning any reason for such rejection.
The license shall specify the types of facilities or private healthcare service 20. A licence to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic shall state the type of facility or private healthcare service for which the licence is issued and the purposes for which such licence maintained.
Separate license for facilities or private health care service not connected physically, administration or organization 21. A separate license shall be applied for private healthcare services or other private medical clinics or private dental clinic is not connected physically, administration or organization.
Facilities and private healthcare Service 29 the duration and renewal of licence to operate or provide 22. (1) a licence to operate or provide facilities or private healthcare service in addition to private medical clinics or private dental clinic shall, unless sooner suspended or revoked, remain in force for a period of two years from the date the license was issued and may, by application in the prescribed form and on payment of the prescribed fee, renewed for the same period with the granting of new licences.
(2) sections 16 to 19 shall apply mutatis mutandis to applications for renewal of a license to operate or provide.
(3) during the renewal of a licence the Director General may vary the terms or conditions attached to the licence and may impose additional terms and conditions.
The licence shall display 23. A copy of the license to operate or provide facilities or private healthcare service shall be exhibited in conspicuous part of the premises of the facility or the private healthcare services.
The power to amend the terms or conditions, or the purpose of the approval or licence 24. The Director General may, on an application in writing to him, amend the terms or conditions of approval to establish or maintain or license to operate or provide facilities or private healthcare service with mengendorskannya on approval or license or otherwise in writing by changing, in such manner as it thinks fit, the purpose or purposes of facilities or private healthcare service is established or maintained, or operated or provided , or type of facility or health care services for which the license is in force.
Laws of Malaysia ACT 58630 part V REGISTRATION of PRIVATE MEDICAL CLINICS and PRIVATE DENTAL CLINIC application for registration 25. (1) an application for the registration of private medical clinics or private dental clinic shall be made to the Director General in the form and in the prescribed manner and accompanied by the prescribed fee and any information, details and other documents as may be prescribed.
(2) At any time after receiving an application for registration and before the application is determined, the Director General may by written notice require that the applicant give information, particulars or additional documents.
(3) if the information, particulars or additional documents required under subsection (2) is or is not provided by the applicant within the time specified or time extension, the application — (a) shall be deemed to have been withdrawn; and (b) cannot continue further, without prejudice to the making of new applications by the applicant.
(4) an application may be withdrawn at any time before the application is allowed or denied.
Refusal to process applications for registration 26. The Director General may refuse to continue weighing an application for registration, and may require that the application is amended or completed accordingly and submitted again or that a new application is submitted in order to replace it if — (a) the application form as may be prescribed are not completed properly due to the omission or false description;
(b) the application form contains errors or variations; or facilities and private healthcare Service 31 (c) the application does not comply with any other requirements that may be prescribed.
Grant of certificate of registration 27. Upon receipt and after considering the application, the Director-General may register the private medical clinic or private dental clinic that with or without such terms or conditions as he deems necessary and issue a certificate of registration on payment of the prescribed fee.
Certificate of registration shall be on display 28. A copy of the certificate of registration shall be exhibited in conspicuous part of the premises of private medical clinics or private dental clinic.
The power to amend the terms or conditions of registration 29. The Director General may, on an application in writing to him and on payment of the fee prescribed, amend the terms or conditions of registration with mengendorskannya on the certificate of registration or otherwise in writing.
Separate registration 30. Separate registration is required for — (a) private medical clinics and private dental clinic are connected to each other physically, administration or organization;
(b) private medical clinics that are not physically linked, administration and organization with a private health care facility licensed or registered other;
(c) private dental clinic is not connected physically, administration and organization with a private health care facility licensed or registered other;
(d) private medical clinics that are not physically connected but linked in organization or administration to a private medical clinic registered or by a facility or licensed health care service;
Laws of Malaysia ACT 58632 (e) private dental clinic is not connected physically but connected in organization or administration with a registered dental clinic or by a facility or licensed health care service;
(f) private medical clinics or private dental clinic under a person's medical practitioner or dental travelers, as the case may be, who share the manpower, facilities and services, in the same premises but that is not linked administratively or organization each other; and (g) any other form of organization or other private medical clinic administration or private dental clinic as determined by the Director General.
PART VI RESPONSIBILITY Of The LICENCE HOLDER, The HOLDER Of The CERTIFICATE Of REGISTRATION And The PERSON Who Is RESPONSIBLE For Responsibility 31. (1) a licensee or holder of a certificate of registration in respect of a facility or private healthcare service licensed or registered shall — (a) to ensure that the facilities or private healthcare service licensed or registered it maintained or operated by a person in charge;
(b) examine the facility or private healthcare service licensed or registered in the manner prescribed and scrap;
(c) ensure that the person employed or used services by facilities or private healthcare service licensed or registered is registered under any law which regulates their registration, or if there is no such law, hold any qualification and experience as recognized by the Director General; and Facilities and private healthcare Service 33 (d) comply with any other duties and responsibilities as may be prescribed.
(2) Notwithstanding paragraph (1) (a), different people may be appointed to manage and assume duties and responsibilities relating to non-clinical matters including finance, administration and management of non-clinical resources.
(3) if the licensee or holder of a certificate of registration that is sole proprietor in violation of subsection (1), he commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(4) if the licensee or holder of a certificate of registration that is a body corporate, partnership or organization violates subsection (1), he commits an offence and shall on conviction be liable to a fine not exceeding three hundred thousand dollars.
(5) where an offence under subsection (1) is committed by a body corporate, partnership or body — (a) in the case of a body corporate, the person responsible for the body corporate;
(b) in the case of a partnership, every partner in the partnership;
(c) in the case of a body, bearers,

also guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
The person who is responsible for 32. (1) the person responsible for a facility or private healthcare service licensed or registered shall hold any qualification, have undergone such training and have any experience as may be prescribed.
(2) the person responsible shall perform the duties and responsibilities as may be prescribed.
Laws of Malaysia ACT 58634 Exchange person responsible 33. (1) it shall be the duty of the licensee or holder of a certificate of registration to notify the Director-General within fourteen days from the time it happens about any change of person responsible for facility or private healthcare services which his/her license or certificate of registration be related, and the qualifications, training and experience of the person in charge of a new one.
(2) a licensee or holder of a certificate of registration that does not comply with the provisions of subsection (1) shall be guilty of an offence.
Personal care assistance 34. (1) it shall be the duty of the licensee of a facility or private healthcare service or the holder of the certificate of registration to make sure that people who provide personal care has any qualifications, have undergone such training and have any experience as determined by the Director General.
(2) a personal care assistant can perform its duties, functions and services as may be prescribed.
(3) Notwithstanding subsection (1), a personal care assistant may not perform nursing duties.
(4) any person who contravenes this section commits an offence.
35. Policy statement (1) the licensee of a facility or private healthcare service or the holder of the certificate of registration or the person responsible for a facility or private healthcare service shall make available, after registration or receipt, as the case may be, the statement of principle in respect of the obligations of a licensee or holder of a certificate of registration for patients using the service or facilities.
Facilities and private healthcare Service 35 (2) a policy statement shall include any matters as may be prescribed.
Mechanism of 36 patients discontent. (1) the licensee of a facility or private healthcare service or the holder of the certificate of registration shall establish a plan mechanism discontent for patients who use the premises or private healthcare service that.
(2) plan mechanism discontent and discontent procedure shall be as prescribed.
Report events 37. (1) Notwithstanding any other reports required by any other written law, a facilities or private healthcare service shall report to the Director General, or any person authorized by him in that behalf, any event that is unpredictable or unexpected as may be prescribed.
(2) this section shall apply to any event that is unpredictable or unexpected that occurs on or after the date of coming into operation of this Act.
Emergency treatment and services 38. (1) every facility or private healthcare service licensed or registered shall at all times able to begin, and set up, necessary steps for life rescue and emergency procedures on any person requiring such service or treatment.
(2) the type and scope of the emergency measures, procedures and services shall be as prescribed.
Laws of Malaysia ACT 58636 PART VII GENERAL PROVISIONS RELATING to the approval, LICENSE and restrictions on use of premises REGISTRATION 39. (1) the premises in relation to a licence to operate or provide facilities or private healthcare service or a certificate of registration shall not be used for any purpose other than the purpose in respect of which the licence or certificate of registration is issued, and the purposes reasonably incidental thereto.
(2) if the facility or private healthcare service licensed or registered is applied in such a way that contrary to subsection (1) — (a) if the licensee or holder of a certificate of registration is a sole proprietor, he is guilty of an offence and shall on conviction, be — (i) a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and (ii) in the case of continuing offence, to a fine not exceeding one thousand dollars for each day or part of a day as long as the offence continues after conviction;
(b) if the licensee or holder of a certificate of registration that is a body corporate, partnership or Corporation, it is guilty of an offence and shall on conviction, be — (i) a fine not exceeding three hundred thousand dollars; and (ii) in the case of continuing offence, to a fine not exceeding five thousand dollars for each day or part of a day as long as the offence continues after conviction; and (c) If an offence under subsection (1) is committed by a body corporate, partnership or body — (i) in the case of a body corporate, the person responsible for the body corporate;
Facilities and private healthcare Service 37 (ii) in the case of a partnership, every partner in the partnership;
(iii) in the case of a body, bearers, is also guilty of an offence and on conviction may — (A) a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both; and (B) in the case of a continuing offence to a fine not exceeding one thousand dollars for each day or part of a day as long as the offence continues after conviction.
Prohibition against the extension and variation of 40. (1) No person shall make any extension or variation of structural or functional to any facilities or services licensed private health care or any part thereof that affects — (a) the purpose for which the licensed private health care facilities is established, maintained, operated or provided;
(b) any term or condition of an approval to establish or maintain or license to operate or provide; or (c) the standards of facilities or services provided, unless the written approval of the Director General be first obtained.
(2) an application for extension or variation under subsection (1) shall be made to the Director General in the form and in the prescribed manner and shall be accompanied by the prescribed fee.
Laws of Malaysia ACT 58638 (3) if the Director General is of the opinion that an application under subsection (2) relates to proposals for expansion or alteration — (a) that does not relate to or affect the care and patient safety; or (b) small, basically, Director-General may waive the fee due, or refund the fee paid under subsection (2) relating to an application for the approval of the extension or alteration.
(4) any person who contravenes subsection (1) shall be guilty of an offence.
Transfer, etc., approval, license and certification 41. (1) no approval to establish or maintain or license to operate or provide facilities or private healthcare service or certificate of registration of the private medical clinic or private dental clinic transferable title, assigned or otherwise disposed of unless the approval of the Director General be first obtained.
(2) an application, assignment, transfer or disposal of an approval, licence or certificate of registration shall be made to the Director General in the form and in the prescribed manner and shall be accompanied by the prescribed fee.
(3) the Director may on such an application to approve the transfer of ownership, assignment or disposal is subject to any terms or conditions that may be imposed by it with mengendorskannya on approval, licence or certificate of registration or may, if he thinks fit, refuse to approve the transfer of ownership, assignment or disposition of it.
Express 42. (1) the Director General shall cause to be kept and maintained in form and in the prescribed manner: (a) a register for all facilities or private healthcare service licensed under this Act;
Facilities and private healthcare Service 39 (b) a register of all private medical clinics and private dental clinic registered under this Act; and (c) any register or registers other deemed by the Director-General should be maintained by facilities or private healthcare service.
(2) the register referred to in paragraph 1 (a) and (b) shall be deemed to be public documents within the meaning of the evidence Act 1950 [Act 56] and shall be open to the inspection of the public and members of the public can search and obtain an extract from the register where the prescribed fee paid.
PART VIII SUSPENSION and REVOCATION of APPROVAL and licence, REFUSAL to RENEW the LICENSE and SUSPENSION and REVOCATION of REGISTRATION show-cause

43. The Director General can deliver to shareholders the approval to establish or maintain or licensee under this Act of a show-cause notice about his intention to suspend or cancel the licence or approval or keengganannya to renew the license, as the case may be, and he can deliver to the holder of the certificate of registration granted under this Act of a show-cause notice about his intention to suspend or cancel the registration.
The reason for the suspension, etc., relating to the administration of the facilities or private healthcare service 44. The Director General may issue a show-cause notice in section 43 if he is satisfied that it is expedient to do so on the ground that the holder of the approval or the licensee or holder of a certificate of registration, as the case may be — (a) has obtained approval, licence or registration through any statement false or misleading;
Laws of Malaysia ACT 58640 (b) breach of any term or condition imposed by the Director-General on the approval, licence or registration thereof;
(c) has been convicted of an offence under this Act or any other written law;
(d) was not complying with any direction, order or guidelines given to it by the Minister or the Director General;
(e) has used the premises in connection with the approval, licence or registration is inconsistent with the purposes of the registration of a licence or approval;
(f) has been operating or using facilities or private healthcare services in a manner prejudicial to the interests of the public as determined by the Director General;
(g) have created or maintain a policy or issue instructions that cause health care professional in violation of professional conduct for the profession of medicine, dentistry or nursing or other healthcare profession issued by the Malaysian Medical Council, the Dental Council, the Malaysian Nursing Board or Board of Midwifery or of any other health care regulatory body, as the case may be; or (h) has stopped handling facilities or private healthcare service that.
The reason for the suspension, revocation, refusal to renew the license, etc., in relation to the eligibility of sole proprietor 45. The Director General may issue a notice in the section 43 if the holder of the approval or the licensee or holder of a certificate is the sole proprietor — (a) that is a registered medical practitioner, and whose name has been deducted from the register of Medical pursuant to paragraph 30 (i) of the medical Act 1971;
(b) which is the registered dentists, and whose name has been deducted from the Dental register of Malaysia pursuant to paragraph 33 (1) (a) Dental Act 1971;
Facilities and private healthcare Service 41 (c) which is a registered medical practitioner, and whose name has been suspended from the register of Medical pursuant to paragraph 30 (ii) the medical Act 1971;
(d) is registered dentists, and whose name has been suspended from the register of Dental Malaysia pursuant to paragraph 30 (1) (b) Dental Act 1971;
(e) who is a registered nurse, and whose name has been deducted from the register Nurse pursuant to paragraph 32 (a) Nurses Registration Regulations 1985 [P.U. (A) 494/85];
(f) who is a registered midwife, and whose name has been deducted from the register of Midwives pursuant to paragraph 13B (a) Midwives Act 1966;
(g) who is a registered nurse, and whose name has been suspended from the register Nurse pursuant to paragraph 32 (b) Nurses Registration Regulations 1985; or (h) which is a registered midwife, and whose name has been suspended from the register of Midwives pursuant to paragraph 13B (b) Midwives Act 1966.
The reason for the suspension, cancellation or refusal to renew the approval, licence or certificate of registration 46. The Director General may issue a notice in the section 43 if the holder of the approval or the licensee or holder of a certificate of registration is a body corporate or partnership or organization that does not remove a member of the Board of Directors, or partner or bearers, as the case may be — (a) whose name has been deducted from the Malaysian medical Register pursuant to paragraph 30 (i) of the medical Act 1971;
(b) whose name has been deducted from the Dental register of Malaysia pursuant to paragraph 33 (1) (a) Dental Act 1971;
(c) whose name has been deducted from the nursing Register pursuant to paragraph 32 (a) Nurses Registration Regulations 1985;
(d) whose name has been deducted from the register of Midwives pursuant to paragraph 13B (a) Midwives Act 1966;
Laws of Malaysia ACT 58642 (e) whose name has been suspended from the medical register of Malaysia pursuant to paragraph 30 (ii) the medical Act 1971;
(f) whose name has been suspended from the register of Dental Malaysia pursuant to paragraph 32 (1) (b) Dental Act 1971;
(g) whose name has been suspended from the register Nurse pursuant to paragraph 32 (b) Nurses Registration Regulations 1985; or (h) whose name has been suspended from the register of Midwives pursuant to paragraph 13B (b) Midwives Act 1966.
An extra excuse 47. Reasons set out in sections 44, 45 and 46 shall be in addition to any other reasons provided under any other provisions of this Act.
Representations 48. Upon receipt of the notice under section 43 of the General Director, the holder of the approval, licensee or holder of a certificate of registration may submit representations to the Director General within twenty one days.
The authority of the Director-General to suspend, revoke or refuse to renew the 49. (1) after the expiration of the time specified in the notice to make representations and after considering any representations made under section 48, the Director General may — (a) suspend an approval, licence or registration for such period as it may specify and may, subject to such terms or conditions as he can;
(b) revoke the approval, licence or registration, as the case may be;
(c) refuse to renew a license; or (d) to issue warnings and instructions to the approval, licensee or holder of a certificate of registration so that correct up to the Director General is satisfied.
Facilities and private healthcare Service 43 (2) any holder of approval, licensee or holder of a certificate of registration that is aggrieved by the order of the Director-General under subsection (1) may appeal to the Minister within thirty days from the service of the order upon him and the decision of the Minister to confirm, vary or revoke the order of the Director-General shall be final and conclusive.
The surrender of the licence or certificate 50. If approval has been suspended or revoked or licence has been suspended or revoked or have been refused renewed or registration has been suspended or cancelled under section 44, 45 and 46, the holder of the approval, licensee or holder of a certificate of registration shall deliver the approval or licence or certificate of registration, as the case may be, to the Director General.
The cessation of operation of 51. During the period of suspension of an approval, licence or registration or from the date of cancellation of approval, licence or registration, as the case may be, the holder of the approval, licensee or holder of a certificate of registration shall be stopped handling facilities or private health care service in respect of which the approval, licence or certificate of registration has been suspended, cancelled or refused renewal, as the case may be.
PART IX CLOSURE of FACILITIES or PRIVATE HEALTHCARE SERVICE Order for temporary closure of facilities or private healthcare service 52. (1) the Director General may, if he/she finds that the continued operation of any facilities or private health care services are a serious danger to the public, by notice in writing direct that the laws of Malaysia ACT 58644 facilities or private healthcare service is closed for a period and in accordance with the terms, conditions or directions as he thinks fit or until further notice, and may take such other steps as may be necessary to protect the public from serious harm it.
(2) any order under subsection (1) shall be served upon the licensee of the service or facilities or holder of a certificate of registration in respect of the facility or the services or the person responsible for the service and facilities or shall become effective from the date of delivery of the order.
(3) a sole proprietor who fails to comply with an order served on him under subsection (1) commits an offence and shall on conviction be — (a) a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and (b) in the case of continuing offence, to a fine of one thousand dollars for each day or part of a day as long as the offence continues after conviction.
(4) a body corporate, partnership or organization that fails to comply with an order served on him under subsection (1) commits an offence and shall on conviction be — (a) to a fine not exceeding one hundred thousand dollars; and (b) in the case of continuing offence, to a fine of five thousand dollars for each day or part of a day as long as the offence continues after conviction.
(5) where an offence under subsection (1) is committed by a body corporate, partnership or body —

(a) in the case of a body corporate, the person responsible for the body corporate;
(b) in the case of a partnership, every partner in the partnership;
(c) in the case of a body, bearers, facilities and private healthcare Service 45 is also guilty of an offence and on conviction, may — (aa) to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both; and (bb) in case the offence continues, to a fine of one thousand dollars for each day or part of a day as long as the offence continues after conviction.
Conditions for the closure, sale or other disposal facilities or private healthcare service 53. (1) if the licensee of a facility or private health care service, or holder of a certificate of registration, intends to close, transfer of title, to sell or otherwise dispose of facilities or private healthcare service that, he shall give notice in writing to the Director General not less than thirty days about his intention of it.
(2) a licensee or holder of a certificate of registration or license its registration has been revoked or suspended; as the case may be, or that of his/her license renewal was rejected, shall notify the Director-General in writing of his intention to close, transfer of title, to sell or otherwise dispose of facilities or private healthcare service as soon as is practicable.
(3) the licensee or holder of a certificate of registration shall comply with any direction given by the Director-General on the bed and patient care, and care medical records in facilities or private healthcare service licensed or registered before closing, transfer of title, to sell or otherwise dispose of facilities or private healthcare service licensed or registered.
(4) any person who contravenes this section commits an offence.
(5) a licensee or holder of a certificate of registration shall surrender the licence or certificate of registration once the licence is suspended, cancelled or refused renewal or certificate of registration is suspended or cancelled or the operation of the premises is not continued or closed.
Laws of Malaysia ACT 58646 part X BLOOD BANK Interpretation 54. In this section, unless the context otherwise requires — "natural human blood" means the human blood that cannot be processed;
"as a result of blood" means any new materials derived from natural human blood and plasma, plasma components including and blood cells but does not include any blood results tercerakin;
"as a result of blood tercerakin" means protein plasma obtained through chemical manufacturing process;
"supply" means a supply by way of sale, Exchange or gift and include receive, retain or storing for the purpose of supply.
Prohibition of the supply of native blood and human blood results 55. No person shall supply, agree to supplying, offering to supply or submit itself as willing to supply genuine human blood or blood.
Import and export of native blood and human blood result 56. Without prejudice to section 55, no person shall import or export natural human blood or blood for the purpose of transfusion unless he holds a certificate issued under paragraph 57 (1) (a) or (b).
Facilities and private healthcare Service 47 Production certificate for import and export of native blood and human blood results 57. (1) the Director General may, on application made in the prescribed form and on payment of the prescribed fee, issue a certificate that allows any person, subject to such conditions and restrictions apply — (a) to import or export the results of blood for the purpose of transfusion;
(b) to import or export natural human blood for the purpose of transfusion.
(2) a certificate issued under subsection (1) may at any time be revoked by written notice.
(3) upon receipt of the notice under subsection (2) of the Director-General, person to whom a certificate under subsection (1) was issued, may submit representations to the Director General within the time specified by the Director General in the notice.
(4) after the expiry of the time specified in the notice to make representations and after considering any representations made under subsection (3) the Director General may — (a) cancel the certificate;
(b) issue a warning and gives instructions to the holder of the certificate to take any action until the Director General is satisfied; or (c) shall not take any further action.
Authorization to test blood from donors 58. The person responsible for the service or private healthcare facilities to test a person's blood donors shall obtain the written consent of the donor blood to test for any disease specified by the Director General from time to time and in accordance with any procedures that may be prescribed.
Laws of Malaysia ACT 58648 PART XI Storage Facilities BLOOD TRANSFUSION SERVICE 59. All private hospitals, private maternity home and ambulatory surgery care centres, private sector and all other private health care facilities that provide emergency care services regularly or permanently or surgical services, shall maintain proper blood storage facilities as may be prescribed.
(2) Storage Facilities shall be under the control and supervision adequate person in charge of the facility or the private healthcare services.
(3) blood and blood results in the premises of facilities or services shall be stored in the refrigerator.
(4) a refrigerator used or intended to be used for the storage of blood and blood shall have sufficient alarm system and shall be regularly inspected and shall otherwise secure enough for the amount of blood and blood results to be saved.
Minimal blood supply 60. Every private hospital, private maternity home and private ambulatory surgery care centre, and any other private health care facilities that provide emergency services regularly or permanently or surgical services, shall maintain a minimum blood supply in its premises at all times for daily use or be able to obtain blood quickly from other licensed blood bank or Government facilities for its daily needs.
Maintain records or receipt and disposal of blood 61. Every private hospital, private maternity home and private ambulatory surgery care centre, and any other private health care facilities that provide emergency services regularly or permanently or service Facilities and private healthcare Service 49 surgery, shall maintain records indicating receipt and disposal of all blood and blood given to patients in its premise.
Transfusion reaction 62. The person responsible for or licensee of each private hospital, private maternity home and private ambulatory surgery care centre, and any other private health care facilities that provide emergency services regularly or permanently or surgical services, shall investigate all transfusion reactions that occur within its premises.
Recommendations to the Medical Advisory Committee of 63. The person responsible for or licensee of each private hospital, private maternity home and private ambulatory surgery care centre, and any other private health care facilities that provide emergency services regularly or permanently or surgical services, shall make recommendations to the Medical Advisory Committee about the fixes in the code of transfusion at the end of the investigation made under section 62.
PART XII VALUATION Of DEATHS Interpretation 64. In this section, unless the context otherwise requires — "Committee" means the National Mortality Assessment Committee;
"death can value" means death which, in the opinion of any medical practitioner or dental practitioner, can be connected with anesthesia or any anesthetic procedure or medical technology or any medical or surgical procedure or any surgical procedure.
Laws of Malaysia ACT 58650 establishment of National Mortality Assessment 65. (1) the Director General shall have power to establish a Committee or committees of each known as the National Mortality Assessment Committee.
(2) a Committee shall consist of a Chairman and other members appointed by the Director General.
(3) Notwithstanding subseskyen (2), the Director-General may appoint permanent members or regular members who shall be a member of a Committee.
(4) each Member of the Committee shall hold office for a term and subject to the conditions set out in the letter of appointment.
National Mortality Assessment Committee 66. (1) the Committee shall have the following functions: (a) to receive and consider the information relating to the death can value;
(b) to encourage the use of anesthetic, medical or surgical procedure or medical technology in a safe and efficient manner.
(2) without prejudice to the generality of the provisions set out below, the Committee shall carry out its functions —

(a) determine the extent, if any, — (i) anesthesia or any anesthetic procedure;
(ii) medical technology or any medical procedure; or (iii) surgery or any surgical procedure, has become one of the cause of death;
Facilities and private healthcare Service 51 (b) determine whether death can value under subparagraph (2) (a) (i), (ii) or (iii) may be avoided if the effects or results of anesthesia or anesthetic procedures, or medical technology or medical procedure, or surgery or surgical procedure is understood or made preparations for him with better or more comprehensive.
(3) in the performance of its functions the Committee cannot place any offence on any medical or dental practitioner or any other person.
Reported deaths can value 67. (1) a person responsible for a specific facility or private healthcare service shall ensure that every medical practitioner or dental practitioner who perform any anesthesia or anesthetic procedure or medicine or surgery or use any medical technology on patients that his death is a death can value shall, as soon as practicable, but in any case not more than 72 hours after he knew about death that , told the Director General of the patient, his opinion about the cause of death and the name as well as his own.
(2) upon receipt of any notification under subsection (1), the Director-General shall immediately submit the information in writing to the Chairman of the Committee.
Medical practitioners and dental practitioners must provide information 68. (1) for the purposes of the functions of a Committee, the Chairman may require any medical practitioner or dental practitioner or any other person concerned so as to provide all or any information stated that in his possession in relation to a death can values, and in relation to anesthesia or anesthetic procedure or medical technology medical or surgical procedures or laws of Malaysia ACT 58652 relating to any death can value , including the clinical or medical records, and other material document in his possession or under his control, notwithstanding subsection 112 (4) or any of the tenets of law or custom or practice to the contrary.
(2) every medical practitioners and dental practitioners and any other people who know about something can be values are to be answered with complete knowledge and capability of every relevant questions asked to him by the Chairman of a Committee.
(3) the Chairman of a Committee shall give each Committee all information he received under section 67 and the section relating to a death can value, other than — (a) the name of the person who died; (b) the name of the medical practitioner or dental practitioner or any other person who carries out the procedure, anesthetic medicine or surgery or using any relevant medical technology; and (c) the name of the facility or private health care areas where the death occurred.
Publication information 69. (1) subject to subsection (2), the Committee shall, in accordance with any direction given by the Director General from time to time, publish any conclusions and recommendations conclusions accordingly in relation to the performance of its functions to the people involved with anesthesia, anesthetic procedures, medical technology, medical procedures, surgery or surgical procedures, and to any other person or class of persons as determined by the Director General.
(2) no publication made under subsection (1) may contain names, or any information that could lead to identification, any person that his death has been considered by the Committee or any medical practitioner or dental practitioner or any other person in any way involved in the care or treatment of the dead.
Facilities and private healthcare Service 53 (3) Notwithstanding subsection (1) and (2), the Chairman of a Committee shall give a medical practitioner or dental practitioner that the death of his patients are notified as a death can be the value of the conclusions and recommendations of the Committee.
The confidentiality of information obtained by the Committee of 70. (1) all information received by a Committee or death Appraisal Committee established under section 72 by a private healthcare facility, or by any other person, in the exercise of the functions of the Committee or such person, shall be deemed to be confidential unless — (a) for purposes related to the functions;
(b) for the purposes of an investigation of any alleged crime; or (c) for the purposes of any criminal proceedings.
(2) there is nothing in this section shall limit or affect the provisions of section 68 or 67, 71.
(3) Section 115 shall be read subject to that section.
(4) any person who, either directly or indirectly, disclose any information in contravention of subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one thousand dollars.
(5) No person shall be compelled or permitted to disclose, in any civil proceedings, any information relating to a death can be the value of which has been obtained by him in the course of its duties under section 67, 68 and 71 and no any such information is admissible as evidence in any civil proceeding.
(6) nothing-nothing in this section shall limit or affect the death notification under any other written law relating to notification of death.
Laws of Malaysia ACT 58654 Protection carrying out functions as a member of the Committee 71. (1) No person shall do any act for any purpose related to the function of a Committee, including an act done pursuant to or in connection with the functions of a Committee evaluating death established under section 72, shall be liable to any civil or criminal liability in respect of any such Act, whether on the ground of lack of jurisdiction or error of law or fact , or for any other reason, unless he is acting with bad faith or without reasonable care.
(2) no civil or criminal proceedings can be brought against any person in any court in respect of any act except with the permission of a high court judge.
(3) notice of any application for authorization under subsection (2) shall be given to the person against whom the proceedings in question to be started; and that person is entitled to be heard against the application.
(4) permission to bring such proceedings shall not be granted unless the application for authorisation is made within one year after the acts complained of, or, in the case of injury or damage persists, within one year after the injury or damage cease.
(5) in granting the permission to bring such proceedings, the judge may limit the time in the duration of the authorisation can be used.
Committee assessment of death at the facility or private healthcare service 72. (1) Notwithstanding section 65, any facilities or private health care service can be set up in stages in any death Appraisal Committee to carry out similar functions as in section 66.
Facilities and private healthcare Service 55 (2) the person responsible for a facility or private healthcare service shall appoint in respect of each death Appraisal Committee a Chairman who shall have the power in section 68.
(3) subject to subsection (4), of a Committee evaluating the death under this section shall, in accordance with any instructions that may be provided from time to time, by the person in charge, announced to the people in the premises related to anesthesia, anesthetic procedures, medical technology, medical procedures, surgery or the surgical procedure and any other person or class of persons as may be specified by the person who is responsible for the , any conclusions and recommendations reached by the Committee in the performance of its functions.
(4) no announcements made under subsection (3) may contain names, or any information that could lead to identification, any person that his death is considered by the Committee or any medical practitioner or dental practitioner or any other person who has been in any way involved in the care or treatment of the person.
(5) Notwithstanding subsection (3) and (4) the Chairman shall provide conclusions and recommendations of the Committee to a medical practitioner or dental practitioner that the death of his patients are notified as a death can value.
(6) Section 70 and 71 shall apply mutatis mutandis for the appraisal value can be carried out by the appraisal Committee's death in a facility or private healthcare service.
Non 73. Investigation (1) there is nothing in this section may limit or prejudice to any independent investigations carried out against any person under any disciplinary jurisdiction.

(2) for the purposes of this section, the Chairman or any member of a Committee or a Committee established under section 72, cannot be involved in disciplinary proceedings.
Laws of Malaysia ACT 58656 PART XIII QUALITY of FACILITIES and SERVICES Quality HEALTH CARE facilities and health care service 74. (1) every facility or private healthcare service shall have the plans and activities to ensure the quality and appropriateness of health care facilities and services provided.
(2) information concerning the plans and activities shall be given to the Director General as and when required by him.
The authority of the Director-General to give instructions 75. (1) if the Director General is of the opinion that any prescribed requirements or any standards applicable to a facility or private health care service, the non-compliance by the facility or the service, the Director-General can give the holder of the approval, licensee or holder of a certificate of registration in respect of the facility or the service any written instructions as he may deem necessary for compliance with the standards or requirements and shall state in the period of the approval holder instructions , a licensee or holder of a certificate of registration required to comply with such directions.
(2) if in the opinion of the Director General of the use of any appliance, furnished, equipment, tools, materials or any activity in any facility or private healthcare service or how any blood results, blood, tissue or fluid human or any results of the human body, material or samples used, collected, handled, stored or transported, or any other activities carried out are harmful to the health and safety of any person therein or otherwise not suitable for the purpose it is used , The Director-General may, by notice, direct the holder of the approval, licensee or holder of a certificate of registration, in respect of the facility or the service so stop using appliance, furnished, equipment, tools or materials it or stop the activity.
Facilities and private healthcare Service 57 (3) the Director General may, by notice, further direct the holders approval, licensee or holder of a certificate of registration so that install or replace the appliance, furnished, equipment, tools, materials or any activity in it, and comply with the procedures as set out in the notice.
(4) the approval, licensee or holder of a certificate of registration that does not comply with the instructions of the Director General under this section shall be guilty of an offence and on conviction may — (a) in the case of sole proprietor — (i) a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding four months or to both; and (ii) in the case of continuing offence, to a fine of one thousand dollars for each day or part of a day as long as the offence continues after conviction;
(b) in the case of a body corporate, partnership or body — (i) a fine not exceeding fifty thousand dollars; and (ii) in the case of continuing offence, to a fine of five thousand dollars for each day or part of a day as long as the offence continues after conviction.
(5) where an offence under this section committed by a body corporate, partnership or body — (a) in the case of a body corporate, the person responsible for the body corporate;
(b) in the case of a partnership, every partner in the partnership;
(c) in the case of a body, bearers, laws of Malaysia Act 58658 is also guilty of an offence and shall on conviction be — (aa) to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding four months or to both; and (bb) in case the offence continues, to a fine of one thousand dollars for each day or part of a day as long as the offence continues after conviction.
The authority of the Director-General to issue directions, orders or guidelines relating to the quality assurance of 76. The Director General may issue instructions, orders or guidelines relating to the quality and standards of facilities or private healthcare service as he may deem necessary.
PART XIV Of The BOARD Of MANAGEMENT And The Board Of Management ADVISORY COMMITTEE 77. (1) the licensee of a private hospital, private maternity home, private ambulatory care centres, private psychiatric hospitals, Hospice, private or any facilities or other private health care service as specified by the Minister shall establish a Management Board that two of its members should be from the Medical Advisory Committee established under paragraph 78 (b) or 79 (b).
(2) where a private hospital, private maternity home, private ambulatory care centres, private psychiatric hospitals, Hospice, private or any facilities or other private health care service as specified by the Minister provides or is intended to provide both medical and dental facilities or licensees of such services shall establish a Management Board that two of its members shall be from Medical and dental Advisory Committee established under paragraph 78 (c).
Facilities and private healthcare Service 59 Medical Advisory Committee or dental 78. The licensee of a facility or private healthcare service shall ensure that — (a) the management of medical and dental patients vested respectively at a registered medical practitioner and registered dental practitioners;
(b) if the facility or the service is a private hospital, private ambulatory care centres, private psychiatric hospital Hospice or private, there shall be established a medical Advisory Committee that its members must be a registered medical practitioner representing all medical practitioners who are practicing at the facility or the service is to advise the Management Board, the licensee and the person responsible on all aspects relating to medical practice;
(c) if the facility or the service is a private hospital, private ambulatory care centres, private psychiatric hospitals, Hospice, private or any other private health care premises specified by the Minister, provides or is intended to provide both medical and dental services, licensee shall establish a medical Advisory Committee and its members shall be dental practitioners registered medical and dental practitioners representing all registered medical and dental practitioners who are currently practicing in private hospitals , private ambulatory care center, Hospice and private psychiatric hospital to advise the Management Board, the licensee and the person responsible about all aspects respectively relating to the practice of medicine and dentistry.
Laws of Malaysia ACT 58660 Midwifery Care Advisory Committee 79. Licensee of a private maternity home shall ensure that — (a) patient medical management vested in a registered medical practitioner;
(b) established a medical Advisory Committee or Advisory Committee on Midwifery Care in accordance with paragraph (c) or (d);
(c) if care is provided by a registered midwife midwives, there is established a midwifery Care Advisory Committee members must be registered midwife that represent all the midwives who are practicing at home delivery is to provide advice on all aspects relating to the care of midwifery and medical practitioners are members of the Advisory Committee of visitors Care that Midwifery;
(d) if the care obstetrics is provided by a registered medical practitioner, paragraph 78 (b) shall apply.
Nursing Advisory Committee 80. (1) the licensee of a private nursing home shall ensure that — (a) patient medical management vested in a registered medical practitioner or registered medical practitioner in charge of visitors at the premises of the patient;
(b) there is established a nursing Advisory Committee members must be registered nurses representing all nurses who are currently practicing in the nursing home to give advice on all aspects relating to nursing;
(c) a medical practitioner registered visitors was a member of the Nursing Committee Advisory Committee.
Penalties for non-compliance with any provision of Section 81. Any person who contravenes any provision of this section commits an offence.
Facilities and private healthcare Service 61 SECTION XV of the MANAGED CARE ORGANIZATION organization managed care Interpretations 82. (1) for the purposes of this part, "managed care organization" means any organization or body, that with it a facility or private healthcare service to enter into contracts or have an arrangement or intended to enter into contracts or have an arrangement to provide different types of specific or quantity or quality of health care in a certain financial systems through one or a combination of the following ways: (a) deliver or provide health care to consumers through health care provider organization or body itself or health care provider third parties in accordance with the contract or arrangement between all parties concerned;

(b) provide health care to employees or persons registered on behalf of payers include an individual, employer or grantee according to contractual agreements between all parties concerned.
(2) the Minister may from time to time by notification in the Gazette declare any kind of health care delivery arrangements other than those specified in subsection (1) be managed care organization.
Contract between facilities or private healthcare service and managed care organization's 83. (1) the licensee of a facility or private healthcare service or the holder of a certificate of registration may not enter into contracts or make any arrangement with any managed care organization resulting in — (a) changes of the power of a registered medical practitioner or dental practitioner on the medical or dental patient management as may be vested in paragraph 78 (a), and changes the power of medical practitioners laws of Malaysia ACT 58662 registered or registered medical practitioner visitors about patient medical care management as may be vested in paragraph 79 (a) and 80 (a);
(b) a change in the roles and responsibilities of the Medical Advisory Committee, or medical and dental Advisory Committee as provided for under section 78, Obstetrics Care Advisory Committee as provided for under section 79 or Nursing Advisory Committee as provided for under section 80;
(c) a violation of any provision of this Act and the regulations made under this Act;
(d) violations of the code of ethics for any regulatory body of the profession for the profession of medicine, dentistry, nursing or midwifery or any regulatory body other health care profession; or (e) a violation of any other written law.
(2) a licensee or holder of a certificate of registration or managed care organizations that enter into contracts or make any arrangement in contravention of subsection (1) commits an offence and shall on conviction be — (a) in the case of a licensee or holder of a certificate of registration which is a 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 holder of a certificate of registration that is a body corporate, partnership or Corporation, to a fine not exceeding three hundred thousand dollars; and (c) in the case of a managed care organization, liable to a fine not exceeding five hundred thousand dollars.
(3) where an offence under subsection (2) committed by a body corporate, partnership, organization or 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;
Facilities and private healthcare Service 63 (c) in the case of a body, the holder of his Office; (d) in the case of a managed care organization, person in charge, is also guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Licensee and holders of the certificate of registration shall provide information about managed care organization to the Director-General of 84. (1) a licensee or holder of a certificate of registration that has a contract or arrangement with a managed care organization shall provide any information relating to the contract or arrangement thereof to the Director General as stated by him, from time to time.
(2) a licensee or holder of a certificate of registration who refuses to or does not provide the information required under subsection (1) or provide information that is false or misleading shall be guilty of an offence and on conviction may — (a) in the case of sole proprietor, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both; or (b) in the case of a body corporate, partnership or Corporation, to a fine not exceeding fifty thousand ringgit.
(3) where an offence under subsection (2) committed by a body corporate, partnership or body — (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 body, bearers, is also guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Laws of Malaysia ACT 58664 Information by managed care organizations 85. (1) a managed care organization or owner of an organization that managed care has a contract or arrangement with the licensee of a facility or private healthcare service or the holder of the certificate of registration shall provide any information relating to the Organization as required by the Director General.
(2) a managed care organization or owner of an organization that managed care does not provide information under subsection (1) shall be guilty of an offence and on conviction may — (a) in the case of sole proprietor, to a fine not exceeding one hundred thousand dollars; or (b) in the case of a body corporate, partnership or Corporation, to a fine not exceeding three hundred thousand dollars.
(3) where an offence under subsection (2) committed by a body corporate, partnership or body — (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 body, bearers, is also guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Express managed care organizations 86. The Director-General shall maintain a register managed care organizations that have any contract or arrangement with any of licensee facilities or private healthcare service or any holder of a certificate of registration and the Register may contain such particulars as may be determined by the Director General.
Facilities and private healthcare Service 65 PART XVI ENFORCEMENT appointment of Inspector 87. (1) the Director-General may appoint such number of persons to be Inspectors as he may deem necessary for the purposes of this Act.
(2) an Inspector may exercise all or any of the powers vested to it under this section.
(3) the Director General shall have and may exercise all the powers vested in a person Inspector under this part.
The power of the Inspector to enter and inspect the 88. (1) an Inspector shall have the power to enter and inspect, at any time, any private healthcare facility licensed or registered or any premises which he is suspect or have reason to believe is used as private healthcare facilities or any other premises in or private healthcare service from it is available without a license or certificate of registration.
(2) in the course of an inspection under this section, the Inspector may — (a) inspect, test and examine any appliance, furnished, equipment or device used or found in the premises or facilities;
(b) inspect, test, examine, take, move and hold blood samples, results of blood, tissues or fluids of humans or any results of the human body, dialisat, chemicals, pharmaceuticals, which is found in such premises or facilities;
(c) inspect, test, examine, take it and move all the former, goods and other things reasonably believed by the Inspector contains or has the laws of Malaysia ACT 58666 contains blood or blood, tissues or fluids of humans or any results of the human body, dialisat, chemical or pharmaceutical substances;
(d) examine any test or procedure or operation performed or carried out to ensure compliance with the provisions of this Act; and (e) examine, make copies of and take extracts from any books, documents, records, or electronic resources relating to facilities or services that private healthcare or the premises.
The power to search and seize 89. (1) If a Magistrate finds on the basis of the written information with vowed and after such inquiry as he may deem necessary that there is reasonable cause to believe that — (a) any facilities or premises private healthcare have been used or will be used for; or (b) there is in any facilities or premises private healthcare evidence necessary to prove, the Commission of an offence under this Act, the Magistrate may issue a warrant in respect of the premises or facilities to an Inspector.
(2) an Inspector to whom a warrant issued under subsection (1) may, at any time during the day or night and with or without the help of — (a) enter the facilities or premises the private healthcare, if necessary by force; and

(b) search facilities or premises the private healthcare to search and seize and transfer from the premises, facilities or any book, record, document, apparatus, equipment, tools, material, goods, samples, blood, blood, tissue or revenue fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals, materials or any other thing — (i) in respect of which an offence has been committed;
Facilities and private healthcare Service 67 (ii) in respect of which an offence suspected to have been committed; or (iii) reasonably believed to testify to the Commission of the offence.
(3) an Inspector may — (a) break open any door or in any health care facilities or premises, or any fences, blockades, gates or other barriers to the health care premises, to enter into it;
(b) remove by force any barriers to entry, search, seizure or removal which he is empowered to implement them under subsection (2);
(c) detain every person found in the premises of health care facilities or until the completion of the facilities or premises searched;
(d) in the case of facilities or premises of mobile health care facilities or premises, seize the health care;
(e) put any book, record, document, apparatus, equipment, tools, material, goods, samples, blood, blood, tissue or revenue fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals, material or other thing, in a container;
(f) where any book, record, document, apparatus, equipment, tools, material, goods, samples, blood, blood, tissue or revenue fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals, material or other thing referred to in paragraph (e) was seized at any facilities or premises private health care entered into in accordance with section 88 or 89, houses books, records, documents, appliances, fittings , tools, material, goods, samples, blood, blood, tissue or revenue fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals, materials or something else is in the room, compartment or Cabinet located in facilities or premises the health care;
Laws of Malaysia ACT 58668 (g) marking, close and seal the containers referred to in paragraph (e), or, as the case may be, the door or openings providing access to the room, compartment or Cabinet referred to in paragraph (f).
Search and seize without warrant 90. If an Inspector has reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 89 — (a) an investigation will be affected; (b) the goal of the entry may be terkecewa; (c) books, records, documents, appliance, equipment, tools, material, goods, samples, blood, blood, tissue or revenue fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals, materials or other things sought may be moved or tampered with; or (d) the information sought may be interrupted or destroyed, he may be running in, and respect, facilities or premises private healthcare it all the powers referred to in section 89 in a way that fully and adequately instead-by he was authorized to do so by a warrant issued under that section.
Power to avoid 91. (1) where an Inspector has reasonable cause to believe that any premises or place is used as a private healthcare facilities or to provide any private health care service — (a) No licensed or registered under this Act; or (b) in contravention of any condition imposed by the Director General, Inspectors can immediately take any steps it may deem necessary or by any other means to avoid the premises or that place.
Facilities and private healthcare Service 69 (2) people who use the premises or that place as private healthcare facilities or to provide private health care service shall, if the premises were dilak — (a) within twenty one days of evasion that submit to the Director General of the license or certificate of registration facilities or the private healthcare services; and (b) bear any cost incurred arising from such action.
(3) that must be opened if Lak — (a) the person referred to in subsection (2) comply with the requirements of that subsection; or (b) a court order has been obtained so that the people stop using premises or that place as private healthcare facilities or provide private healthcare services, whichever is earlier.
(4) an Inspector acting under this section shall not be liable for any costs arising from the action or any damage to the premises or place dilak under this section unless the damage is done willfully.
(5) any action taken under this section in respect of any premises or place shall not be able to prohibit the prosecution of any person who uses the premises or that place as private healthcare facilities or to provide private care in contravention of this Act.
Power to require information and examine those 92. (1) an Inspector who makes an investigation under section 89 and 100 shall have the power to require information, either orally or in writing, of any person who knows the facts and circumstances of matter that is being investigated.
Laws of Malaysia ACT 58670 (2) any person who, when required by an Inspector to provide information under this section, refuse to comply with the requirements or give true information as any information which he knows or has reason to believe is false, untrue or incorrect, in whole or in part, shall be guilty of an offence.
(3) if any of the information provided under subsection (2) is proved false, untrue or incorrect, in whole or in part, shall not be a Defense claim that the information or any part thereof has been given by disalahtafsirkan or accidental or culpable criminal or tipuan.
(4) an Inspector who makes an investigation under this Act may exercise any or all of the powers conferred by section 111 criminal procedure code [Act 593], and sections 112 to 116 of the Code shall apply to statements made by people who checked in the course of the investigation.
Duty to assist Inspector 93. Where a Inspector exercise of its powers under section 88, 89, 90, 91 and 92 it shall be the duty of the licensee, or the holder of the certificate of registration in respect of a facility or private healthcare service licensed or registered, the person responsible for and an employee facility or the service, or the proprietor or occupier of any premises used as private healthcare facilities or from whom the private healthcare service is held and any person found it — (a) to provide the Inspector all facilities and assistance reasonably required by the Inspector;
(b) to give the Inspector all reasonable information required by him in respect of facilities or services or private healthcare premises, as the case may be, in respect of its management or any other matters relating thereto; and Facilities and private healthcare Service 71 (c) to produce any book, record or document in the possession or custody or under his control or that he has the power to give it away in relation to the Affairs of the facilities or services or premises the private healthcare.
Offences relating to the inspection of 94. A person who — (a) intentionally delay, menggalang or prevent someone Inspector; (b) not to provide facilities or assistance, or refuse to provide information, which is required by an Inspector; or (c) without reasonable excuse does not or refuses to produce any book, record, document, apparatus, equipment, tools, material, goods, samples, blood, blood, tissue or revenue fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals, materials or any other thing required by an Inspector, in the exercise of any powers granted to the Inspectors under section 88, 89 , 90, 91 and 92 commits an offence and shall on conviction be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
List of things seized 95. (1) where any seizure made under section 88, 89 or 90 on any facilities or premises private healthcare, the Inspector shall prepare a list of things the seizing seized from the premises.
(2) if the proprietor or person in charge of the facility or premises private healthcare is present during the seizure, the list prepared under subsection (1) shall be given to him.
(3) for the purposes of this section, "owner" includes any person an agent or representative of the proprietor.
Laws of Malaysia ACT 58672 Forfeiture a thing seized 96. (1) any thing which may be seized or detained under this Act shall be dilucuthakkan.

(2) where any book, record, document, apparatus, equipment or devices seized under this Act, the Director General at its discretion may release temporarily book, record, document, apparatus, equipment or utensils to master punyanya when the guarantee is given up to the Director General is satisfied that the books, records, documents, equipment, appliance or tool that will be submitted to the Director General when requested or presented before a Court of competent authority competent when requested.
(3) an order of forfeiture or for the release of all things seized and may be dilucuthakkan under this Act shall be made by the Court before which prosecution therefor was held and an order of forfeiture of things seized shall be made if it is proved to the Court is satisfied that an offence under this Act has been committed and the thing seized is a matter for or was used in the Commission of the offence , although no one has been convicted of the offence.
(4) If no prosecution in respect of any thing seized, the thing shall be taken and deemed to be forfeited upon the expiry of one calendar month from the date of seizure, unless before that date a claim has been made in the following ways: (a) that person stating that he is the owner of the things seized and that the thing cannot be dilucuthakkan, may personally or by his agent authorized in writing by written notice to the Inspector in his possession the thing held that he claim the thing;
(b) upon receipt of such notice, the Inspector shall refer the claim to the Director-General may order that the thing be released or may direct the Inspector so refer the matter to the Magistrate or judge of the sessions Court for a decision;
Facilities and private healthcare Service 73 (c) a magistrate or Judge to whom the matter is referred to shall issue a summons requiring the person who States that he is the owner of the things seized and the person from whom the thing seized so as to appear before it and when he attend or defaults is present, having proved that the summons has been duly served Magistrate or judge shall proceed with the examination of the matter and , when it is proved that an offence has been committed under this Act and the thing seized is a matter for or was used in the Commission of that offence, shall order that the thing dilucuthakkan and shall, in the absence of such proof order that the thing be released.
(5) where — (a) an Inspector who has seize any blood results, blood, tissue or fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals or any other thing under section 89 or 90 are satisfied that the blood results, blood, tissue or fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals or any other thing, it contains contaminants that may be prescribed; and (b) the blood results, blood, tissue or fluid human or any results of the human body, dialisat, chemicals, materials area or any other thing or are no longer required to be retained for the purposes of any legal proceedings, the Inspector may cause the blood results, blood, tissue or fluid human or any results of the human body, dialisat, chemicals, pharmaceuticals or any other thing is destroyed.
No person shall be entitled to costs, etc., of seizure 97. No person shall, in any proceedings before any court involving any thing seized in exercising or purporting to exercise any of the powers conferred under this section, be entitled to the cost of the laws of Malaysia ACT 58674 proceeding or any damages or any relief other than an order for the return of things seized unless the seizure is made without reasonable cause or reason perhaps.
Production of the card or official badge 98. A person the exercise of Inspector under this part shall at all times carry an identity card or official badge in the prescribed form, and no person shall be compelled to allow entry to the facilities or premises health care swastanya any person purporting to be an Inspector except when the badge or card submitted.
Compounding of offences 99. (1) the Director General may mengkompaunkan any offence committed by a facility or private healthcare services under this Act designated as offences that can be is compounded by making a written offer made to holders of approval, licensee or holder of a certificate of registration or the person responsible for a facility or private healthcare service to compound the offence when paid to the Director-General — (a) any sum specified in the offer but that no more than fifty per cent of the maximum fine that can be imposed on the holder of the approval or the licensee or holder of a certificate of registration if the holder of the approval or the licensee or holder of a certificate of registration has been convicted of such offence; and (b) within the time specified in the offer.
(2) no offer to compound can be made without the written consent of the public prosecutor.
(3) an offer under subsection (1) may be made at any time after an offence has been committed but before any prosecution for him started.
Facilities and private healthcare Service 75 (4) where an offence has been compounded of — (a) no proceedings may be taken and no prosecution shall be instituted against the holder of the approval, the holder of a licence, registration certificate holder or person to whom the offer to compound has been made; and (b) any book, record, document, apparatus, equipment, tools, material, goods, materials or any other thing seized in connection with the offence, can be discharged subject to such conditions as may be imposed.
(5) any money received by the Director General under this section shall be paid into and form part of the Federal Consolidated Fund.
(6) if the amount specified in the offer to compound that is not paid within the time stated in the offer, or within an extension granted by the Director General, a prosecution for the offence may be commenced at any time after that against the holder of the approval or the licensee or holder of a certificate of registration or the person to whom the offer is made.
Commencement and conduct of prosecution 100. (1) a prosecution in respect of an offence under this Act shall not be instituted except by or with the written consent of the public prosecutor.
(2) any officer authorized in writing by the Prosecutor under the criminal procedure code can claim in any court any case in respect of any offence under this Act.
(3) a person to be the investigating officer for an offence under this Act may not be claimed in cases where the person in respect of that offence.
Laws of Malaysia ACT 58676 PART XVII of MINISTER Appeal 101. (1) any person may appeal in writing to the Minister if he is aggrieved — (a) by the refusal of the Director-General to give him approval under paragraph 12 (b), to give him a licence under paragraph 19 (b) to renew his/her license under subsection 22 (1) or to give him a certificate of registration under section 27;
(b) by any term or condition imposed on an approval to establish or maintain under paragraph 12 (a) a license to operate or provide under paragraph 19 (a), a license to operate or provide once the license is renewed under subsection 22 (3) or registration under section 27;
(c) the granting of or refusal to grant an extension of time under subsection 14 (2);
(d) with a variation of or refusal to amend the terms or conditions or the purposes under section 24 or 29;
(e) with the approval of or refusal to approve any extension or variation under subsection 40 (1) or a transfer, assignment or disposition under subsection 41 (3);
(f) with a temporary closure order under section 52; or (g) with a notice of cancellation under subsection 57 (2).
(2) the Minister may confirm, vary or revoke the decision appealed against and, in confirm, vary or revoke the decision, may impose such terms or conditions as it may deem fair or necessary.
(3) the decision of the Minister under this section is final and conclusive.
Facilities and private healthcare Service 77 Minister's power to issue general instructions 102. The Minister may, from time to time, give the Director General or any officer appointed under this Act General instructions that are not inconsistent with the provisions of this Act on the exercise of the powers and discretion given to and obligations required to be fulfilled by the Director General or an officer under this Act.
Minister's power to exclude 103. (1) the Minister may exclude any or any part of the facilities or private healthcare service licensed or registered under this Act of coming into operation of any provisions of this Act — (a) subject to such restrictions or conditions as may be specified by the Minister, after consultation with the Director-General; and

(b) if he is satisfied that the private health care facilities do not pose any danger to the health of the public, or will not be conducted in a manner prejudicial to the interests of public health.
(2) Notwithstanding subsection (1), a waiver under this section may be withdrawn at any time and shall cease with effect from the date of delivery of the notice of withdrawal.
(3) the decision of the Minister under this section is final and conclusive.
Visitors Board 104. (1) the Minister may appoint a Board of Visitors for each private hospital.
(2) the Minister may determine the terms or conditions of the appointment of any member of the Board of Visitors include Chairman, duties and their functions and procedures of the Board of Visitors.
Laws of Malaysia ACT 58678 (3) private Hospital shall pay the Board of Visitors of any allowance as the Minister may from time to time by notification in the Gazette for attendance at meetings of the Board and travel expenses for attendance that in carrying out their duties as specified.
Social welfare contributions or 105. (1) the Minister may specify the type of social or welfare contributions or the amount of the contribution of social or charity to be supplied, and how it should be given, by any facility or private healthcare service.
(2) the Minister may, from time to time, amend the types of social welfare contributions or contributions and the amount of social contributions or charity imposed under subsection (1).
(3) a facility or private healthcare service shall contribute social or charity by type and amount determined under this section.
(4) any facilities or private healthcare service that fails to comply with subsection (3) commits an offence.
Table of fees 106. (1) the Minister may make regulations for prescribing a schedule of fees for any or all of the facilities or private healthcare service or facilities or services relating to health.
(2) the Minister may, from time to time, after consultation with the Director-General, amend the table of fees by order published in the Gazette.
(3) a facility or private healthcare service for which a table of fees prescribed under this section shall comply with the fee schedule.
Facilities and private healthcare Service 79 (4) a facility or private healthcare service that fails to comply with any of the table of fees prescribed under this section shall be guilty of an offence.
The power to make regulations 107. (1) the Minister may make regulations that he finds it necessary or expedient for carrying out the provisions of this Act.
(2) without prejudice to the generality of the powers conferred by subsection (1), regulations may be made for all or any of the following purposes: (a) to prescribe how to apply for an approval to establish or maintain a licence to provide or operate, or certificate of registration or certificate to import and export of native blood and human blood results under this Act, that form shall be used, fees or charges payable and make-up of the approval , a license, certificate of registration and certificate for import and export of native blood and human blood results;
(b) to prescribe how to keep and maintain a register or registers of national as deemed necessary under this Act;
(c) to set the terms, conditions and restrictions shall be imposed on any approval, licence, certificate of registration or certification and restrictions shall be imposed on the applicant, the holder of a licence, the holder of the certificate of registration, the holder of the certificate or the person responsible;
(d) to prescribe the circumstances in which the duplicate results, the licence or certificate shall be issued and fees payable;
(e) to provide for the procedures of alteration of any particulars contained in any approval, licence, or certificate of registration and issue of certificate or pembatalannya license, certificate of registration or certificate of new;
Laws of Malaysia ACT 58680 (f) to set a record shall be kept of patients and those treated in facilities or private healthcare services including records of births and deaths of children, any miscarriage or born dead and the child born of such transferred from facilities or private healthcare service in addition to the care or custody of any parent or person authorized by the parent;
(g) to prescribe how to obtain patient medical records and how to obtain medical reports by the patient, patient representative patients or health care providers;
(h) to prescribe the records shall be kept on staff or any other person employed or used services by facilities or private healthcare services;
(i) to set the minimum number of medical staff, nursing staff, dental personnel, technical personnel and other categories of staff employed or used the services of the facilities or private healthcare service and minimum qualifications and experience required of the staff;
(j) to prescribe the minimum standards for appliance, furnished, equipment, tools, materials and other things are provided and maintained by facilities or private health care service;
(k) to set the means or the type of training or education, engineering, medicine, dentistry or nursing an extension or any other health care professional education to be provided by the facility or private health care service to their staff or any other person employed or used the services of the facility or the private healthcare services;
(l) to prescribe minimum standards and specifications in respect of the place, the design and construction of facilities or private health care service;
(m) to set the minimum standards for accommodation, sanitation or other facilities at facilities or private health care service;
Facilities and private healthcare Services 81 (n) to set the maximum capability of the bed or couch or equivalent in facilities or private health care service;
(o) to prescribe minimum standards of hygiene and health, including infection control, in facilities and private health care services;
(p) to set minimum standards of safety, quality care and welfare of patients in health care facilities and private services;
(q) to prescribe minimum standards and conditions of the services required in respect of the collection, filtering, processing, distribution, storage, dispensing, disposal and human blood transfusion and blood, and dialisat, chemicals and pharmaceuticals for the treatment of haemodialysis and other forms of treatment or services;
(r) to set the management, control, and supervision and care facilities and private health care services;
(s) to provide for acceptable quality assurance and quality control in respect of facilities and private health care services;
(t) to require the holder of a licence, the holder of the certificate of registration or the person responsible for facility or private healthcare services maintain any books, records or registers necessary for the proper administration and enforcement of this Act;
(u) to require the provision of certain statistics information to the Director General and the way to provide that information;
(v) to require that notification is given of any birth or death occurred in facilities or private health care service;
(w) to provide for the notification of the closure of a facility or private healthcare service and instructions shall be given prior to closing;
Laws of Malaysia ACT 58682 (x) to prescribe the duties and responsibilities of professionals and health care personnel, the Board of management, Medical Advisory Committee, Medical Advisory Committee and dentistry, Nursing Advisory Committee Advisory Committee, midwifery, and medical practitioners registered users;
(y) to prescribe the manner and form to apply for Exchange approval, licence or certificate of registration in respect of, and the extension or alteration to, any private health care facilities;
(z) to set the requirements and the role of volunteers in health care facilities and services, private training and monitoring them and to set restrictions on their activities;
(aa) to agree on all matters relating to the policy statement and all matters relating to the mechanism of discontent;
(bb) to set the Organization's facilities or private healthcare services and its staff;
(cc) to set membership and duties and responsibilities of the Committee are required to be established by the facility or private health care service;
(dd) to prescribe the duties and functions of the locum tenens and honorary consultant, qualifications, training and experience and to set restrictions on their activities;
(ee) to specify the type of event that cannot be predicted or anticipated to be reported, the reporting procedure, the method of investigation shall be carried out, the reports and data statistics should be submitted;
(ff) to prescribe matters relating to inspection and control;

(gg) to prescribe the requirements to be met for obtaining authorization valid for any anesthetic procedure, surgery or surgical procedures, diagnostic procedures or procedures or medical treatment, facilities and private healthcare Service 83 method to obtain the truth, conditions which enable the truth aside with and for setting the age of it, and the conditions under which patients can give valid consent for any anesthetic procedure the surgical procedure, operation or procedure, or diagnostic procedures or medical treatment to be carried out on the patient;
(hh) to prescribe fees that may be charged by the facility or private healthcare service or services relating to health;
(ii) to prescribe matters relating to the rights of patients in relation to the health care services provided by any facility or health care services, including patient privacy, confidentiality of information and access patient medical records and reports;
(jj) to prescribe standards and minimum requirements for all health care facilities, health care services and services relating to health in connection with any health care service provided by any health care professionals including medical care services, nursing services, health related services, technical services, services relating to all disciplines of medicine and surgery including obstetrics and Gynecology, anesthesia, surgery , psychiatric, Pediatric, pharmacy services, critical care or intensive care service, services relating to medical supplies, services about diet, laundry and linen services, supply of surgery, blood transfusion service, blood bank service, haemodialysis treatment services, recovery services, outpatient services and inpatient, ambulatory care services, image capture service or diagnostic radiology, radiotherapy and radio isotopes, teleperubatan services, nursing home services Hospice care services, pain relief, and services relating to the autopsy and the laws of Malaysia ACT 58684 Hall, ambulance services, support services and other incidental and all other policies and programmes relating to the health care services that are provided and maintained by a facility or private health care service;
(kk) to prescribe any other matter relating to any facilities or health care services or relating to health or any matter that the Minister may deem expedient or necessary for the purposes of this Act.
PART XVIII VARIOUS Ad 108. There are no facilities or private healthcare service or facilities or services relating to health can broadcast any ads — (a) in any way that is misleading the public about the type or nature of the facilities or health care services or facilities or services relating to health; or (b) contrary to any instructions about advertisement issued by the Director General.
National Register Of 109. Director-General may establish a register relating to the National blood donation and register shall contain the particulars prescribed.
Service of notice 110. (1) every notice or document required or authorized to be served under this Act may be served — (a) by submitting a certified copy thereof to the person to whom notice is to be served;
Facilities and private healthcare Service 85 (b) by sending a copy thereof by registered post to the person who paid him the notice to be served; or (c) by pasting copies thereof in any conspicuous place on premises related to it.
(2) where a notice or document is served by registered post prepaid, the notice shall be deemed to have been served on the day following the day the notice or document should have been received in the ordinary course of post where the notice or document is addressed — (a) in the case of individuals, to address the usual or last known address of place of residence or place of business; or (b) in the case of a body corporate, partnership or body to the address of the registered place of business.
(3) if the person or body corporate, partnership or corporation to which has addressed a registered letter containing any notice that may be given under the provisions of this Act have been told that there is a registered letter that is currently waiting to be collected by it at the post office, and the person or body corporate, partnership or body refuses to ignore or to take the registered letter , the notice shall be deemed to have been duly served on him or on body corporate, partnership or the establishment on the date he or body corporate, partnership or body is notified.
Delegation by Director General of 111. (1) the Director General may delegate to any officer under the control, direction or its stewardship, by name or Office, the exercise or performance of any powers, duties or functions conferred or imposed on the Director-General under this Act except the power to compound under section 99.
(2) any delegation under this section does not preclude the Director-General himself from running or perform the powers, duties or functions delegated it.
Laws of Malaysia ACT 58686 (3) a delegation made under subsection (1) may — (a) made subject to such conditions, limitations or restrictions as may be specified in the instrument of delegation; and (b) revoked or varied.
Provide information 112. (1) the Director General may from time to time instruct the holder of an approval, licence holder, the holder of the certificate of registration or a certificate holder to provide any information about facilities or private healthcare services or clinics as required by him in relation to — (a) its employees;
(b) any appliance, furnished, equipment or device which is used or to be used;
(c) the condition, treatment or diagnosis of any patient or any person to whom facilities or services is or has been granted;
(d) any method or procedure Analytics used in carrying out any tests; or (e) of its operation.
(2) a holder of an approval, licence holder, the holder of the certificate of registration or a certificate holder refuses to or does not provide information to the Director General in contravention of subsection (1), or provide any information that is false or misleading, commits an offence and shall on conviction be — (a) in the case of a sole proprietor, a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding six months or to both; and (b) in the case of a body corporate, partnership or body liable to a fine not exceeding fifty thousand ringgit.
Facilities and private healthcare Service 87 (3) where an offence under subsection (1) is committed by a body corporate, partnership or body — (a) in the case of a body corporate, the person responsible for the body corporate;
(b) in the case of a partnership, every partner in the partnership;
(c) in the case of a body, bearers, is also guilty of an offence and on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(4) nothing-nothing in this section shall authorise — (a) the Director General or any officer to inspect the medical records of any patient treated at a facility or private health care service; or (b) the Director-General to obtain any information relating to any person about any matter in paragraph 112 (1) (c), without the consent of the person or his/her representative in advance.
(5) Notwithstanding subsection (4), the Director General or a person authorised by him in that behalf may inspect any books, documents, records, or electronic material for the purposes of section 16, 88, 89, 90 and this section without the consent of the patient or the person or his/her representative in advance.
(6) the examination under subsection (5) shall for the purposes of determining compliance by the holder of a licence, the holder of the certificate of registration or the person responsible for facility or private healthcare services with the provisions of this Act and the regulations made under this Act, and the confidentiality of any information about patients or that person obtained during the inspection shall be complied with.
(7) for the purposes of subsection (4) and (5), "representative" of a person means the executor or administrator or their heirs, if that person has already died, or the parent or guardian if the person is still a boy or unable to provide permission.
Laws of Malaysia ACT 58688 Officer be deemed to be public servants 113. Every person appointed, or legitimately exercise a person appointed under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Legal protection and legal proceedings

114. No action may be taken and no prosecution can be brought, instituted or maintained against the Government, the Minister, the Director-General, Inspector or any government officials or any person acting under the direction of the Government, the Minister, the Director General, or Inspector, in any court in respect of anything done or omitted from committed under this Act — (a) in good faith; (b) a reasonable belief that it is necessary for the purposes to be achieved with it; or (c) to carry out the provisions of this Act.
Confidentiality of information 115. (1) every person employed, paid retainer or appointed for the purpose of administration or enforcement of this Act shall keep confidential with respect to all information that he knows in the course of his duties and may not deliver any information to any person except — (a) to the extent that information may be disclosed to the public under this Act;
(b) relating to the administration or enforcement of this Act or any proceedings under this Act;
(c) in relation to any matters relating to professional disciplinary proceedings, to a body corporate established under any law that regulates a health profession;
(d) to advocate that person, upon the request of that person if the information is nothing to do with any health services rendered to him; or facilities and private healthcare Service 89 (e) with the consent of the patient or guardian and valid the information related to him or her.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one thousand dollars.
Private psychiatric hospitals, psychiatric care homes and private community mental health center 116. (1) the licensee or person in charge of a private psychiatric hospital, the private psychiatric care home or private community mental health center shall comply with any written law relating to mental illness and mental pain.
(2) an application to set up private psychiatric hospitals or psychiatric care home private may be considered for approval until the law allowing the establishment of the facility comes into operation.
Offence and penalty am 117. (1) any person who contravenes any of the provisions of this Act for which no real provision provided that makes pelanggarannya an offence commits an offence.
(2) if there are no real penalties provided for an offence under this Act, the person who committed such offence conviction be — (a) in the case of a natural person — (i) a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both; and (ii) for continuous offences liable to a fine not exceeding five hundred ringgit for every day or part of a day as long as the offence continues after conviction;
Laws of Malaysia ACT 58690 (b) in the case of a body corporate, partnership or body — (i) a fine not exceeding thirty thousand dollars; and (ii) for continuous offences liable to a fine not exceeding two thousand dollars for each day or part of a day as long as the offence continues after conviction.
(3) where an offence under subsection (1) is committed by a body corporate, partnership or body — (a) in the case of a body corporate, the person responsible for the body corporate;
(b) in the case of a partnership, every partner in the partnership;
(c) in the case of a body, bearers, is also guilty of an offence and shall on conviction be — (i) a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both; and (ii) for continuous offences liable to a fine of five hundred dollars for each day or part of a day as long as the offence continues after conviction.
Breach of subsidiary legislation 118. Any subsidiary legislation made under this Act may provide that a violation of any of the provisions in the subsidiary legislation that is an offence and the person who committed such offence is punishable, on conviction, to a fine or to imprisonment for a term or both but can not provide so that the fine exceeds ten thousand dollars or a term of imprisonment exceeding three months.
Facilities and private healthcare Service 91 PART XIX SAVINGS and TRANSITIONAL PROVISIONS Repeal 119. Private Hospitals Act 1971 [Act 43] is repealed.
Savings and transitional provisions relating to the licensed private hospital, private maternity home and existing private treatment 120. (1) all private hospitals, maternity homes and private nursing home licensed or deemed to have been licensed under the Private Hospitals Act 1971 shall, on the date this Act comes into force, be deemed to have licensed under this Act.
(2) the provisions of this Act shall apply to private hospitals, maternity homes and private home private treatment as if the private hospitals, maternity homes and private home private treatment has been licensed under this Act.
(3) the Director General may alter or revoke any conditions imposed on any hospitals, maternity homes and private treatment.
Power of Minister to make transitional provisions 121. (1) the Minister may specify additional provisions as he may deem necessary or expedient for the purpose of removing any difficulty caused by the application of this Act on hospitals, maternity homes and private treatments that have been approved, established or licensed under the Private Hospitals Act 1971.
(2) the Minister's power under subsection (1) shall include the power to make any modification for carrying out the provisions of this Act.
Laws of Malaysia ACT 58692 savings and Transitional Provisions relating to private medical clinics and dental clinics private existing 122. A person who immediately before this Act comes into operation have maintain or operate a private medical clinic or private dental clinic can continue to maintain, provide or operate private medical clinics or private dental clinic without registration under this Act if within the first six months from the date this Act comes into operation an application for registration made under this Act.
Facilities and private healthcare Service 93 laws of MALAYSIA Act 586 ACT FACILITIES and PRIVATE HEALTHCARE SERVICE 1998 LIST AMENDMENT law short title effect amend from – no – laws of Malaysia ACT 58694 laws of MALAYSIA Act 586 ACT FACILITIES and PRIVATE HEALTHCARE SERVICE 1998 LIST SECTION AMENDED Section Power amend with effect from – no – PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD , KUALA LUMPUR ON BEHALF AND BY ORDER OF THE GOVERNMENT OF MALAYSIA