Approval and licence
No person shall establish or maintain any of the following private healthcare facilities or services without approval being granted under paragraph 12(a) or operate or provide any of such facilities or services without a licence granted under paragraph 19(a):
(a) a private hospital;
(b) a private psychiatric hospital;
(c) a private ambulatory care centre;
(d) a private nursing home;
(e) a private psychiatric nursing home;
(f) a private maternity home;
(g) a private blood bank;
(h) a private haemodialysis centre;
(i) a private hospice;
(j) a private community mental health centre;
(k) any other private healthcare facility or service or healthrelated service as the Minister may specify, from time to time, by notification in the Gazette; and
(l) a private healthcare premises incorporating any two or more of the facilities or services in paragraphs (a) to (k).
Registration
(1) No person shall establish, maintain, operate or provide a private medical clinic or private dental clinic unless it is registered under section 27.
(2) Notwithstanding subsection (1), a private medical clinic or private dental clinic which forms part of the premises of a licensed private healthcare facility and to which the clinic is organizationally, administratively and physically linked shall not be required to be registered separately but shall comply with such standards and requirements as may be prescribed.
Unlicensed and unregistered private healthcare facility or service
(1) A person who contravenes section 3 or 4 commits an offence and shall be liable, on conviction—
(a) in the case of an individual person—
(i) to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding six years or to both; and
(ii) for a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction; and
(b) in the case of a body corporate, partnership or society—
(i) to a fine not exceeding five hundred thousand ringgit; and
(ii) for a continuing offence, to a fine not exceeding five thousand ringgit for every day or part of a day during which the offence continues after conviction.
(2) Where an offence under section 3 or 4 is committed by a body corporate, a partnership or a society—
(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 society, its office bearers,
shall also be guilty of the offence and shall be liable, on conviction—
(aa) to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding six years or to both; and
(bb) for a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.
Approval and licence may be issued to a sole proprietor, partnership or body corporate
(1) Approval to establish or maintain, or a licence to operate or provide may only be issued to—
(a) a sole proprietor who is a registered medical practitioner;
(b) a partnership which consists of at least one partner who is a registered medical practitioner; or
(c) a body corporate whose board of directors consists of at least one person who is a registered medical practitioner.
(2) Notwithstanding subsection (1), approval to establish or maintain or a licence to operate or provide a private nursing home may be issued to a registered nurse if contractual arrangements have been made for a registered medical practitioner to visit the patients in such home at such frequency as may be prescribed.
(3) Notwithstanding subsection (1), approval to establish or maintain or a licence to operate or provide a private maternity home may be issued to a registered midwife if contractual arrangements have been made for a registered medical practitioner to visit the patients in such home at such frequency as may be prescribed.
(4) Notwithstanding subsection (1), approval to establish or maintain or a licence to operate or provide a private hospice or a private haemodialysis centre, on a voluntary or charitable basis, may be issued to a society registered under the Societies Act 1966 [Act 335].
Certificate of registration to operate private medical and private dental clinic
(1) A certificate of registration to establish, maintain, operate or provide a private medical clinic may only be issued to a registered medical practitioner.
(2) A certificate of registration to establish, maintain, operate or provide a private dental clinic may only be issued to a registered dental practitioner or a body corporate described in section 28 of the Dental Act 1971.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
