Other than aged persons may be admitted
A licensee may admit persons below sixty years of age as a care recipient of the licensed private aged healthcare facilities and services and such admittance shall be based on the criteria as may be prescribed by the Minister upon consultation with the Minister charged with the responsibility for the Care Centres Act 1993.
Register
(1) The Director General shall maintain in both physical and electronic forms a Register of all licensed private aged healthcare facilities and services in such form and manner as the Director General shall determine. (2) Any person may, on payment of the prescribed fee, inspect and make copies or take extracts of an entry in the Register.
Guidelines and directives
The Director General may issue such guidelines and directives as the Director General thinks necessary or expedient for the proper implementation of this Act.
Delegation of power
(1) The Director General may delegate any of the powers or duties of the Director General, other than the power under section 44, to any officer under the control, direction and supervision of the Director General subject to such conditions, limitations or restrictions as the Director General thinks fit. (2) A delegation under this section shall not preclude the Director General himself from performing or exercising at any time any of the delegated powers or duties.
Appeal
(1) Where any person is aggrieved by any directions or any decision made by the Director General or any officer to whom the powers or duties of the Director General has been delegated, such person may appeal to the Minister, within thirty days or any extended period as the Minister may allow from the date of the making of the order or decision appealed against. (2) The Minister may confirm, reverse or vary any directions or decision appealed against. (3) The Minister may make such regulations to prescribe the procedure for appeal.
Power to exempt
The Minister may, by order published in the Gazette, exempt any private aged healthcare facilities and services from the operation of any of the provisions of this Act.
Power to amend Schedules
The Minister may, by order published in the Gazette, amend any Schedule to this Act.
Power to make regulations
(1) The Minister may make such regulations as may be necessary or expedient for the proper implementation of this Act. (2) Regulations made under this Act may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine— (a) in the case of a licensee who is an individual, not exceeding ten thousand ringgit and for a continuing offence, to a further 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 licensee who is a body corporate, partnership or society, not exceeding twenty thousand ringgit and for a continuing offence, to a further fine not exceeding five thousand ringgit for every day or part of a day during which the offence continues after conviction.
General penalty
(1) A person who contravenes any of the provisions of this Act or any regulations made under this Act for which no express provision making its contravention an offence has been provided commits an offence. (2) Any person who commits an offence under this Act or any regulations made under this Act for which no penalty is expressly provided shall, on conviction, be liable— (a) in the case of an individual— (i) to a fine not exceeding five thousand ringgit; and (ii) for a continuing offence, to a further fine not exceeding five hundred 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 twenty thousand ringgit; and (ii) for a continuing offence, to a further fine not exceeding one thousand five hundred ringgit for every day or part of a day during which the offence continues after conviction.
Offence by body corporate, partnership or society
(1) If a body corporate, a partnership or a society commits an offence under this Act or any regulations made under this Act, a person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate, partnership or society or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate, partnership or society or was assisting in such management— (a) may be charged severally or jointly in the same proceedings with the body corporate, partnership or society; and (b) if the body corporate, partnership or society is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves— (i) that the offence was committed without his knowledge, consent or connivance; and (ii) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. (2) Whenever any agent or employee in the course of his employment does or omits to do any act the doing or the omission to do of which by his principal or employer would be an offence against this Act or any regulations made under this Act, such agent or employee shall be guilty of that offence, and subsection (3) shall apply to his principal or employer. (3) If any person would be liable under this Act or any regulations made under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed— (a) by that person’s employee in the course of his employment; (b) by the agent when acting on behalf of that person; or (c) by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.
Compounding of offences
(1) The Minister may, with the approval of the Public Prosecutor, make regulations prescribing— (a) any offence under this Act and any regulations made under the Act that may be compounded; (b) the criteria for compounding such offence; and (c) the method and procedure for compounding such offence. (2) The Director General may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act or any regulations made under this Act, and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Director General of an amount of money not exceeding fifty per centum of the amount of the maximum fine for that offence within such time as may be specified in his written offer. (3) An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted. (4) If the amount specified in the offer is not paid within the time specified in the offer or such extended period as the Director General may allow, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. (5) Where an offence has been compounded under this section, no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the Director General, subject to such conditions as the Director General thinks fit.
Savings and transitional
(1) On the date of coming into operation of this Act, a care centre registered under the Care Centres Act 1993 which provides care to four or more aged person shall be deemed to have been licensed under this Act up to five years from the date of coming into operation of this Act or such further period as the Director General may allow. (2) The operator of a care centre under subsection (1) shall apply for an approval and a licence under this Act within the period of five years, or such further period as the Director General may allow in accordance with subsection (1). (3) Pending the decision to grant an approval and a licence to a care centre under subsection (2), the care centre shall continue to be deemed to be licensed under this Act. (4) Any decision, order, appeal, direction, investigation, trial and proceedings done, taken or commenced under the Care Centres Act 1993 relating to the care centre under subsection (1) immediately before the date of coming into operation of this Act shall be continued or concluded under and in accordance with the provisions of the Care Centres Act 1993. First Schedule [Sections 2 and 48] HEALTHCARE SERVICES 1. Services of healthcare professionals and healthcare para-professionals 2. Service for the screening, diagnosis, or treatment of persons suffering from, or believed to be suffering from, any disease, injury or disability of mind or body 3. Service for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device, or any other medical technology 4. Service for preventive or promotive health purposes 5. Protection, supervision and rehabilitation services 6. Accommodation for the purposes of any healthcare services Second Schedule [Sections 2 and 48] HEALTHCARE PROFESSIONAL 1. Medical practitioner registered under the Medical Act 1971 [Act 50] 2. Dental practitioner registered under the Dental Act 1971 [Act 51] 3. Optometrist registered under the Optical Act 1991 [Act 469] 4. Pharmacist registered under the Registration of Pharmacists Act 1951 [Act 371] 5. Allied health practitioner registered under the Allied Health Professions Act 2016 [Act 774] 6. Nurse registered under the Nurses Act 1950 [Act 14] 7. Medical Hakcipta Pencetak H assistant registered under the Medical Assistants (Registration) Act 1977 [Act 180] PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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).