Healthcare Services Act 2020

Sections (69)

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• § 1 — Short title and commencement

  1. This Act is the Healthcare Services Act 2020 and comes into operation on a date that the Minister appoints by notification in the Gazette.

• § 10 — Application for licence

  10.—(1) Every application for the grant of a licence must be made to the Director-General in accordance with this section.[Act 11 of 2023 wef 01/05/2023] (2) An application must —(a) be in the form and manner that the Director-General requires;[Act 11 of 2023 wef 01/05/2023] (b) be accompanied by a

• § 11 — Grant or renewal of licence

  11.—(1) After considering an application for the grant of a licence, the Director-General may —(a) on payment of a licence fee or renewal fee (if prescribed), grant the licence; or (b) refuse to grant the licence.[Act 11 of 2023 wef 01/05/2023] (2) A person may be granted more than one licence, wh

• § 11A — Application for approval of permanent premises, conveyance and other service delivery mode

  11A.—(1) An application for approval of every permanent premises, conveyance or other service delivery mode by which a licensable healthcare service is or is intended to be provided must —(a) be made to the Director-General in the form and manner that the Director-General may determine; and (b) be

• § 11B — Grant of approval for permanent premises, conveyance or other service delivery mode

  11B.—(1) After considering any application under section 11A, the Director-General may, subject to subsection (4) —(a) on payment of an approval fee (if prescribed), grant the approval; or (b) refuse to grant the approval. (2) In determining whether an applicant should be granted an approval for a

• § 11C — Application for approval of specified service

  11C.—(1) An application for approval to provide a specified service for a licensable healthcare service must —(a) be made to the Director-General in the form and manner that the Director-General may determine; and (b) be accompanied by an application fee (if prescribed). (2) An application for app

• § 11D — Grant of approval for specified services

  11D.—(1) After considering any application under section 11C, the Director-General may, subject to subsection (4) —(a) on payment of an approval fee (if prescribed), grant the approval; or (b) refuse to grant the approval. (2) In determining whether an applicant should be granted an approval for t

• § 11E — Validity of approvals under sections 11B and 11D

  11E.—(1) Every approval granted under section 11B or 11D in relation to a licence is to continue in force for such period as may be specified in the approval unless it —(a) is earlier cancelled or suspended under section 20(3A); (b) earlier lapses because the person to whom the approval was granted

• § 12 — Form and validity of licence

  12.—(1) Every licence must —(a) state the licensable healthcare service that the licensee is authorised by the licence to provide; (b) state every approved permanent premises and approved conveyance, as the case may be;[Act 11 of 2023 wef 26/06/2023] (ba) state every service delivery mode by which

• § 13 — Licence conditions

  13.—(1) In granting a licence to any person or renewing any licence, the Director-General may impose any conditions that the Director-General considers requisite or expedient having regard to the purposes of this Act.[Act 11 of 2023 wef 01/05/2023] (2) The Director-General may impose —(a) conditions

• § 14 — Modifying conditions of licence

  14.—(1) Subject to this section, it is lawful for the Director-General to modify the conditions of a licence (except the condition mentioned in section 13(3)) without compensating the licensee concerned.[Act 11 of 2023 wef 01/05/2023] (2) Subject to subsection (5), the Director-General must, before

• § 15 — Amendment of licence

  15.—(1) A licensee that intends to —(a) stop providing the licensable healthcare service to which the licence relates —(i) at any approved permanent premises; (ii) using any approved conveyance; or (iii) by any service delivery mode specified in the licence, except where the approved permanent pr

• § 16 — Restriction on transfer of licence

  16.—(1) A licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless —(a) the licence contains a condition authorising the transfer or assignment; and (b) the Director-General consents in writing to the transfer or assignment.[Ac

• § 17 — Voluntary cessation of licensable healthcare service or surrender of licence

  17.—(1) A licensee must not, without giving the Director-General prior notice —(a) wholly and permanently stop, except upon the lapsing of a licence, providing any licensable healthcare service to which the licence relates; or[Act 11 of 2023 wef 26/06/2023] (b) for any reason surrender the licence.

• § 18 — Lapse of licence

  18.—(1) Unless expired or earlier revoked under section 20, a licence lapses —(a) if the licensee is —(i) an individual — on the date the licensee dies; or (ii) a partnership or body corporate or an unincorporated association — on the date the partnership, body corporate or association ceases to ex

• § 19 — Security deposit

  19.—(1) The Director-General may, upon granting a licence, require a licensee to give a performance bond, guarantee or other form of security on the terms and conditions and of the amount that the Director-General considers appropriate —(a) to ensure that the provisions of this Act and the condition

• § 2 — General interpretation

  2.—(1) In this Act, unless the context otherwise requires —“applicant” means a person making an application; “application”, in relation to a licence, means an application under section 10; “approved conveyance” means any conveyance approved under section 11B to be used for the provision of a licen

• § 20 — Regulatory action against licensees, etc.

  20.—(1) Subject to this section and section 21, the Director-General may, without compensation, take any regulatory action described in subsection (2) against a licensee if the Director-General is satisfied that —(a) the licence has been obtained by the licensee by fraud, or the licensee has, in con

• § 21 — Procedure for regulatory action against licensees, etc.

  21.—(1) Before exercising any power under section 20, the Director-General must give notice to the licensee concerned —(a) stating that the Director-General intends to take regulatory action against the licensee under section 20;[Act 11 of 2023 wef 01/05/2023] (b) specifying the type of regulatory

• § 22 — Register of licensees

  22. The Director-General must cause to be kept and maintained a register of licensees in the form and manner and containing the information that the Director-General thinks fit.[Act 11 of 2023 wef 01/05/2023]

• § 23 — Key appointment holders

  23.—(1) Every licensee must ensure that —(a) every key appointment holder of the licensee is in the opinion of the Director-General a suitable person to act in that capacity in relation to the licensee; and[Act 11 of 2023 wef 01/05/2023] (b) the composition of the key appointment holders satisfies

• § 24 — Appointment of Principal Officer and Clinical Governance Officer by licensee

  24.—(1) Every licensee must appoint a suitably qualified individual as the licensee’s Principal Officer.(2) Subject to subsection (2B), every licensee that is —(a) authorised by a licence to provide a licensable healthcare service that is prescribed for the purposes of this section; or (b) granted

• § 25 — Appointment of specified committees

  25.—(1) This section applies only to a licensee of a prescribed category or description.(2) A section 25 licensee must appoint one or more specified committees as may be prescribed relating to —(a) the category or description of licensees to which the section 25 licensee belongs; (b) any licensable

• § 26 — Ethics review of certain medical treatment

  26.—(1) This section applies only in relation to the provision of medical treatment of a prescribed category or description (called in this Act a prescribed medical treatment).(2) A licensee that intends to provide the prescribed medical treatment must, before the prescribed medical treatment is pro

• § 27 — Record-keeping on healthcare service

  27.—(1) A licensee must keep and maintain records, for the prescribed period and in the prescribed manner, where the records are relevant to the monitoring or evaluation of any aspect of any licensable healthcare service or the provision of any licensable healthcare service.(2) A licensee must —(a)

• § 28 — Approval of employment of individuals by certain licensees

  28.—(1) A licensee that provides a licensable healthcare service that is prescribed for the purposes of this section (called in this section a section 28 licensee) — (a) except with the Director’s prior written approval, must not employ any individual who has been convicted of any prescribed offence

• § 29 — Use of term or name

  29.—(1) Subject to subsection (2), a licensee —(a) must not use any term or name, or any abbreviation or derivative of that term or name, in any language, that incorrectly describes a licensable healthcare service that the licensee is authorised to provide under the licensee’s licence; and (b) must

• § 3 — Meanings of “healthcare service” and “licensable healthcare service”

  3.—(1) In this Act —“healthcare service” means any of the following services, whether or not provided for reward:(a) assessment, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease, disorder or an injury affecting any part of the human body or mind; (b) n

• § 30 — Use of approved permanent premises or approved conveyance for other purposes

  30.—(1) Subject to subsection (3), a licensee must not use, or allow any other person to use, the whole or any part of any approved permanent premises or approved conveyance for any purpose other than —(a) the provision of a licensable healthcare service which the licensee is authorised to provide u

• § 31 — Advertisement of licensable healthcare services

  31.—(1) A person must not advertise, or cause to be advertised, a licensable healthcare service unless the person —(a) is a licensee authorised to provide that licensable healthcare service; or (b) is acting on the authority of the licensee mentioned in paragraph (a) in advertising the licensable h

• § 31A — Advertisement of non-licensable healthcare services

  31A.—(1) Subject to subsection (2), a person (called in this section the advertiser) must not advertise, or cause to be advertised, any skill or service relating to the treatment of any ailment, disease, injury, infirmity or condition affecting the human body so as to induce any person to seek the a

• § 31B — Restrictions on use of protected title

  31B.—(1) A person who advertises, or causes to be advertised a healthcare service and in the advertisement refers to any person who is not a specified person (called in this section the subject person) by a protected title must include in the advertisement —(a) the subject person’s educational quali

• § 31C — Directions to rectify or withdraw advertisement

  31C.—(1) Where a person has contravened section 31A(1) or 31B(1) (whether or not an offence under section 31A(3) or 31B(2) is committed by the person), the Director-General may direct the person to rectify or withdraw the advertisement that does not comply with the requirements of section 31A(1) or

• § 32 — Application of this Part

  32. This Part applies only in relation to a licensee of a prescribed category or description (called in this Part a designated licensee).

• § 33 — Step-in order

  33.—(1) The Minister may make an order under this section (called a step‑in order) if —(a) one or more licences of a designated licensee are suspended, revoked or surrendered; (b) a designated licensee —(i) is, or is likely to be, declared a bankrupt; (ii) has gone, or is likely to go, into compul

• § 34 — Duration of step-in order or expedited step-in order

  34.—(1) The Minister may revoke a step‑in order or an expedited step-in order at any time.(2) The appointment of a step‑in operator in relation to the operations of a designated licensee or a specified part of those operations may be revoked by the Minister at any time —(a) if the Minister is satisf

• § 35 — Rules and saving for step-in arrangements

  35.—(1) The Minister may make rules to give effect to this Part, including making provision for applying, omitting or modifying provisions of any written law relating to the insolvency of companies (if applicable) where a step‑in order or an expedited step‑in order is made.(2) Nothing effected or to

• § 36 — Power to obtain information

  36.—(1) The Director-General or an authorised officer may by notice require any licensee to provide, within a reasonable period or at the time or frequency, and in the form and manner, specified in the notice, all documents and information which —(a) relate to any matter which the Director-General c

• § 37 — Publication of information

  37.—(1) The Director-General may publish, or cause to be published, in a form and manner determined by the Director-General, any information which the Director-General or an authorised officer has acquired or generated in the course of the Director-General or authorised officer exercising the functi

• § 38 — Codes of practice

  38.—(1) The Director-General may —(a) issue one or more codes of practice applicable to all licensees or the licensees providing specified licensable healthcare services; (b) approve as a code of practice applicable to all licensees or the licensees providing specified licensable healthcare service

• § 39 — Directions concerning health, safety or welfare of individuals, etc.

  39.—(1) The Director-General may give a direction to a licensee if the Director-General has reasonable grounds to believe that —(a) there are circumstances that may endanger, or are likely to endanger, the health, safety or welfare of —(i) individuals affected by the provision of a licensable health

• § 4 — Purpose of Act

  4. The purpose of this Act is to regulate the provision of healthcare services, including —(a) the modes by which healthcare services are provided and the premises and conveyances used for the provision of healthcare services; and (b) the advertisement of any healthcare service, so as to ensure th

• § 40 — Directions relating to quality assurance committees, etc.

  40.—(1) The Director-General may give a direction to a section 25 licensee to do anything required in this section, within the time and in the manner that the direction may specify.[Act 11 of 2023 wef 01/05/2023] (2) A direction given under subsection (1) may relate to a quality assurance committee

• § 41 — Powers of entry, inspection and search, etc.

  41.—(1) The Director-General or an authorised officer may, at any time and without notice and without warrant, enter, inspect and search any premises or conveyance, and the facilities in the premises or conveyance, that are being used, or that the Director-General or authorised officer has reasonabl

• § 42 — Offence of obstructing, etc., Director-General or authorised officer in exercise of powers, etc.

  42.—(1) Any person that —(a) refuses to give access to, or obstructs, hinders, impedes or delays, the Director-General or an authorised officer in the exercise of any power under this Act;[Act 11 of 2023 wef 01/05/2023] (b) without reasonable excuse, neglects or refuses to provide any information o

• § 43 — False or misleading statements, information or documents

  43. A person that, in relation to any matter under this Act —(a) makes any statement, or provides any information or document, that is false or misleading in a material particular; and (b) knows or ought reasonably to know that, or is reckless as to whether, the statement, information or document i

• § 44 — Disposal of articles, documents, substances, etc.

  44.—(1) Any article, substance or document produced, detained or seized under this Act must —(a) where the article, substance or document is produced in any criminal trial, be dealt with in accordance with section 364(1) of the Criminal Procedure Code (Cap. 68); or (b) in any other case, be returne

• § 45 — Offences by corporations

  45.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent

• § 46 — Offences by unincorporated associations or partnerships

  46.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a) an employee or agent of the unincorporated association or partnership engaged in that con

• § 47 — Composition of offences

  47.—(1) The Director-General may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a) one half of the amount of the maximum fine that is pre

• § 48 — Appeals to Minister

  48.—(1) The former holder of a licence revoked under section 20(2)(a) (called the appellant) may appeal to the Minister against the Director-General’s decision under that section to revoke the licence.[Act 11 of 2023 wef 01/05/2023] (2) An applicant for a licence (called the appellant) may appeal to

• § 49 — Appeal Advisory Board

  49.—(1) The Minister may, before deciding an appeal under section 48, refer the appeal (called in this section the referred appeal) to an Appeal Advisory Board established under this section.(2) The Appeal Advisory Board must submit to the Minister a written report on the referred appeal, and may in

• § 5 — Government healthcare service not affected

  5. This Act does not apply to or in relation to any healthcare service provided by the Government.

• § 50 — Minister may designate others to hear appeals

  50.—(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 48:(a) the Second Minister (if any) for his or her Ministry; (b) any Minister of State, including a Senior Minister of State, for his or her

• § 51 — Confidentiality of information, etc.

  51.—(1) Except in criminal proceedings for an offence under this Act, the Director-General and an authorised officer are not compellable in any proceedings to give evidence in respect of, or to produce, any document, information, electronic material or data storage device which has been obtained fro

• § 52 — Service of documents

  52.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —(a) by giving it to the individual personally; (b) by sending it by prepaid

• § 53 — General exemption

  53. The Minister may, by order in the Gazette, exempt any person, premises or conveyance or any class of persons, premises or conveyances, from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose.

• § 54 — Jurisdiction of courts

  54. Despite the Criminal Procedure Code, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment for any such offence.

• § 55 — Protection from personal liability

  55. No liability shall lie personally against —(a) the Director-General;[Act 11 of 2023 wef 01/05/2023] (b) any authorised officer; (c) any individual appointed under section 7(5) to assist the Director-General in the administration of this Act;[Act 11 of 2023 wef 01/05/2023] (d) any member of an

• § 56 — Amendment of Schedules

  56.—(1) The Minister may, by order in the Gazette, amend the First or Second Schedule.(2) In making an order under subsection (1), the Minister may include provisions of a saving or transitional nature consequent on the enactment of the order as the Minister may consider necessary or expedient. (3)

• § 57 — Regulations

  57.—(1) The Minister may make regulations for carrying out or giving effect to this Act.(2) In particular, the Minister may make regulations for any of the following:(a) the duties and responsibilities of licensees; (aa) the service delivery modes or the types of premises or conveyances that are no

• § 58 — Repeal of Private Hospitals and Medical Clinics Act

  58. The Private Hospitals and Medical Clinics Act (Cap. 248) is repealed.

• § 59 — Consequential and related amendments to other Acts

  59.—(1) Section 2(1) of the CareShield Life and Long‑Term Care Act 2019 (Act 26 of 2019) is amended by inserting, immediately after the words “Private Hospitals and Medical Clinics Act (Cap. 248)” in paragraph (a) of the definition of “healthcare institution”, the words “or a provider of licensable

• § 6 — Interface with other laws

  6. To avoid doubt, this Act does not affect the operation of any of the following:(a) the Allied Health Professions Act; (b) the Dental Registration Act; (c) the Medical Registration Act; (d) the Nurses and Midwives Act; (e) the Optometrists and Opticians Act; (f) the Pharmacists Registration A

• § 60 — Saving and transitional provisions

  60.—(1) Subject to the adaptations provided in the Third Schedule, this Act applies to and in relation to —(a) the provision of any licensable healthcare service in any premises or conveyance as a private hospital, medical clinic, clinical laboratory or healthcare establishment authorised by a licen

• § 7 — Administration of Act

  7.—(1) The Director-General of Health is, subject to the general or special directions of the Minister, responsible for the administration of this Act.[Act 11 of 2023 wef 01/05/2023] (2) The Director-General may, in relation to any provision in this Act, appoint a public officer or an officer of any

• § 8 — Provision of licensable healthcare service to be licensed

  8.—(1) A person must not provide a licensable healthcare service unless the person —(a) is authorised to do so by a licence under this Act; or (b) is exempt from this section by or under this Act in relation to that licensable healthcare service. (2) A person that contravenes subsection (1) shall

• § 9 — Permanent premises, conveyances and service delivery mode to be approved

  9.—(1) A licensee must not provide a licensable healthcare service —(a) at any permanent premises in Singapore that is not an approved permanent premises for the provision of the licensable healthcare service; (b) using any conveyance that is not an approved conveyance for the provision of the lice

• § 9A — Specified service to be approved

  9A.—(1) The Minister may prescribe a service of a medical or healthcare nature that is part of a licensable healthcare service as a specified service for the licensable healthcare service, the provision of which would require approval by the Director-General under section 11D.(2) Despite holding a l