Restriction on use of premises
Open ↗(1) The premises to which a licence to operate or provide a private healthcare facility or service or a certificate of registration relates shall not be used for any purpose other than the purpose in respect of which the licence or certificate of registration is issued, and purposes reasonably incidental thereto.
(2) If the licensed or registered private healthcare facility or service is used in any manner contrary to subsection (1)—
(a) where a licensee or the holder of the certificate of registration is a sole proprietor, he commits an offence and shall be liable on conviction—
(i) to 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 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;
(b) where the licensee or the holder of the certificate of registration is a body corporate, partnership or society, it commits an offence and shall be liable on conviction—
(i) to a fine not exceeding three hundred thousand ringgit; and
(ii) in the case of 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; and
(c) where an offence under subsection (1) is committed by a body corporate, a partnership or a society—
(i) in the case of a body corporate, the person responsible for the body corporate;
(ii) in the case of a partnership, every partner in the partnership;
(iii) in the case of a society, its office bearers,
shall also be guilty of the offence and shall be liable on conviction—
(A) to 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 ringgit for every day or part of a day during which the offence continues after conviction.
Prohibition on extension and alteration
Open ↗(1) No person shall make any structural or functional extension or alteration to any licensed private healthcare facility or service or to any part thereof which affects—
(a) the purpose for which the licensed private healthcare facility was established, maintained, operated or provided;
(b) any of the terms or conditions of the approval to establish or maintain or licence to operate or provide; or
(c) the standards of the facilities or services provided,
unless the prior written approval of the Director General is obtained.
(2) An application for the extension or alteration under subsection
(1) shall be made to the Director General in the prescribed form and manner and shall be accompanied by the prescribed fee.
(3) If the Director General considers that an application under subsection (2) relates to proposals for extension or alterations—
(a) that do not relate to or affect the care and safety of patients; or
(b) that are minor in nature,
the Director General may waive the fee payable, or refund the fee paid, under subsection (2) in relation to an application for approval of extension or alteration.
(4) Any person who contravenes subsection (1) commits an offence.
Transfer, etc., of approval, licence and certificate
Open ↗(1) No approval to establish or maintain or licence to operate or provide a private healthcare facility or service or certificate of registration of a private medical or dental clinic shall be transferred, assigned, or otherwise disposed of unless the prior written approval of the Director General has been obtained.
(2) An application for the transfer, assignment, or disposal of an approval, a licence or a certificate of registration shall be made to the Director General in the prescribed form and manner and shall be accompanied by the prescribed fee.
(3) The Director General may on such application approve the transfer, assignment or disposal subject to such terms or conditions as he may impose by making an endorsement on the approval, licence or certificate of registration or may, if he thinks fit, refuse to approve the transfer, assignment or disposal.
Registers
Open ↗(1) The Director General shall cause to be kept and maintained in such form and manner as may be prescribed—
(a) a register of all private healthcare facilities or services licensed under this Act;
(b) a register of all private medical clinics and private dental clinics registered under this Act; and
(c) such other register or registers as he deems that the private healthcare facility or service should maintain.
(2) The registers in paragraphs 1(a) and (b) shall be deemed to be public document within the meaning of the Evidence Act 1950 [Act 56] and shall be open for public inspection and the public may make a search on and obtain extracts from the registers upon payment of a prescribed fee.
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).
