Show cause
The Director General may serve on the holder of the approval to establish or maintain or a licensee under this Act a show cause notice of his intention to suspend or revoke the approval or licence or refusal to renew the licence, as the case may be, and he may serve on a holder of a certificate of registration granted under this Act a show cause notice of his intention to suspend or revoke the registration.
Grounds for suspension, etc., relating to administration of private healthcare facility or service
The Director General may issue the show cause notice in section 43 if he is satisfied that it is expedient so to do on the ground that the holder of the approval or the licensee or the holder of the certificate of registration, as the case may be— (a) has obtained the approval, licence or registration by any false or misleading statement; (b) has breached any term or condition imposed by the Director General on the approval, licence or registration; (c) has been convicted for an offence under this Act or any other written law; (d) has failed to comply with any direction, order or guideline given to him or it by the Minister or the Director General; (e) has used the premises to which the approval, licence or registration relates contrary to the purpose of the approval, licence or registration; (f) has operated or used the private healthcare facility or service in a manner which is detrimental to the interest of the public as the Director General may decide; (g) has established or maintained policies or issued directives that result in healthcare professionals contravening the code of professional conduct of the medical, dental or nursing or other healthcare profession issued by the Malaysian Medical Council, Malaysian Dental Council, Nursing Board or Midwifery Board or any other healthcare regulatory body, as the case may be; or (h) has ceased to operate the private healthcare facility or service.
Grounds for suspension, revocation, refusal to renew licence, etc., relating to qualification of sole proprietor
The Director General may issue the notice in section 43 if the holder of the approval or licensee or the holder of a certificate of registration is a sole proprietor— (a) who is a registered medical practitioner, and whose name has been struck off from the Malaysian Medical Register pursuant to paragraph 30(i) of the Medical Act 1971; (b) who is a registered dentist, and whose name has been struck off from the Malaysian Dental Register pursuant to paragraph 33(1)(a) of the Dental Act 1971; (c) who is a registered medical practitioner, and whose name has been suspended from the Malaysian Medical Register pursuant to paragraph 30(ii) of the Medical Act 1971; (d) who is a registered dentist, and whose name has been suspended from the Malaysian Dental Register pursuant to paragraph 30(1)(b) of the Dental Act 1971; (e) who is a registered nurse, and whose name has been struck off from the Register of Nurses pursuant to paragraph 32(a) of the Nurses Registration Regulations 1985 [P.U. (A) 494/85]; (f) who is a registered midwife, and whose name has been struck off from the Register of Midwives pursuant to paragraph 13B(a) of the Midwives Act 1966; (g) who is a registered nurse, and whose name has been suspended from the Register of Nurses pursuant to paragraph 32(b) of the Nurses Registration Regulations 1985; or (h) who is a registered midwife, and whose name has been suspended from the Register of Midwives pursuant to paragraph 13B(b) of the Midwives Act 1966.
Grounds for suspension, revocation, or refusal to renew approval, licence or certificate of registration
The Director General may issue the notice in section 43 if the holder of the approval or licensee or the holder of a certificate of registration is a body corporate, partnership or society which does not remove member of its board of directors, partner or office bearers, as the case may be— (a) whose name has been struck off from the Malaysian Medical Register pursuant to paragraph 30(i) of the Medical Act 1971; (b) whose name has been struck off from the Malaysian Dental Register pursuant to paragraph 33(1)(a) of the Dental Act 1971; (c) whose name has been struck off from the Register of Nurses pursuant to paragraph 32(a) of the Nurses Registration Regulations 1985; (d) whose name has been struck off from the Register of Midwives pursuant to paragraph 13B(a) of the Midwives Act 1966; (e) whose name has been suspended from the Malaysian Medical Register pursuant to paragraph 30(ii) of the Medical Act 1971; (f) whose name has been suspended from the Malaysian Dental Register pursuant to paragraph 32(1)(b) of the Dental Act 1971; (g) whose name has been suspended from the Register of Nurses pursuant to paragraph 32(b) of the Nurses Registration Regulations 1985; or (h) whose name has been suspended from the Register of Midwives pursuant to paragraph 13B(b) of the Midwives Act 1966.
Additional grounds
The grounds set out in sections 44, 45 and 46 shall be in addition to such other ground as may be provided for under any other provision of this Act.
Representations
Upon receiving the notice under section 43 from the Director General, the holder of the approval, licensee or holder of the certificate of registration may submit representations to the Director General within twenty-one days.
Power of Director General to suspend, revoke, or refuse renewal
(1) After the expiry of the time determined in the notice for the making of representation and after considering any representation made under section 48, the Director General may— (a) suspend the approval, licence or registration for such period as he may determine and subject to such terms or conditions as he may impose; (b) revoke the approval, licence or registration, as the case may be; (c) refuse to renew the licence; or (d) issue a warning and give directions to the holder of the approval, licensee or the holder of the certificate of registration to rectify the situation to the satisfaction of the Director General. (2) Any holder of the approval, licensee or holder of a certificate of registration 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 on him or it, and the decision of the Minister to confirm, vary or revoke the order of the Director General shall be final and conclusive.
Surrender of licence or certificate
Where approval has been suspended or revoked or a licence has been suspended, revoked or refused renewal or a registration has been suspended or revoked under sections 44, 45 and 46, the holder of the approval, the licensee or holder of a certificate of registration shall surrender the approval or licence or certificate of registration, as the case may be, to the Director General.
Cessation of operation
During the period of the suspension of an approval, licence or registration or as from the date of the revocation of the approval, licence or registration, as the case may be, the holder of the approval, licensee or the holder of a certificate of registration shall not operate the private healthcare facility or service in respect of which the approval, licence or certificate of registration has been suspended, revoked or refused renewal, as the case may be.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 May 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).