§ 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 services any document prepared by a person other than the Director-General if the Director-General considers the document suitable for this purpose; or[Act 11 of 2023 wef 01/05/2023]

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the matters in subsection (2).

[Act 11 of 2023 wef 01/05/2023]

(2) The matters for the purposes of subsection (1) are —(a)

the conduct of licensees;

(b)

the measures necessary for licensees to deal with any plague, epidemic, outbreak, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;

(c)

the clinical and ethical aspects of licensable healthcare services;

(d)

the appropriateness of care in relation to the provision of licensable healthcare services;

(e)

the management and operations of licensees, the provision of licensable healthcare services, the quality of licensable healthcare services and the management and care of patients and customers;

(f)

the maintenance or operation of any facilities and equipment used in relation to the provision of licensable healthcare services; and

(g)

the health, security and safety of persons who are engaged in any work relating to the provision of licensable healthcare services.

(3) A code of practice may, in particular, specify the duties and obligations of any licensee in relation to the licensee’s business operation insofar as it relates to the provision of licensable healthcare services in Singapore.

(4) If any provision in any code of practice is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where any code of practice is issued, approved, amended or revoked by the Director-General under subsection (1), the Director-General must —(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice to every licensee to whom the code of practice applies;

(b)

specify in the notice in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code of practice are made available (including on a website designated by the Director-General for this purpose), free of charge, to the licensees to whom the code of practice applies.[Act 11 of 2023 wef 01/05/2023]

(6) Until the notice in subsection (5) is published in accordance with that subsection —(a)

no code of practice, and no amendment to any code of practice issued or approved under this section, has any force or effect as an approved code of practice; and

(b)

no revocation of any code of practice issued or approved under this section has any force or effect.

(7) A code of practice issued or approved under this section does not have legislative effect.

(8) Subject to subsection (9), every licensee must comply with the relevant codes of practice applicable to the licensee.

(9) The Director-General may, either generally or for any period that the Director-General may specify, waive the application of any code of practice, or any part of the code of practice, issued or approved under this section to any licensee.[Act 11 of 2023 wef 01/05/2023]

(10) Any contravention or failure by a person to comply with a code of practice that applies to the person —(a)

does not of itself render the person liable to criminal proceedings; but

(b)

in any proceedings (criminal or otherwise under this Act), may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.

—(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 services any document prepared by a person other than the Director-General if the Director-General considers the document suitable for this purpose; or[Act 11 of 2023 wef 01/05/2023]

(c)

amend or revoke any code of practice issued under paragraph (a) or approved under paragraph (b),

with respect to all or any of the matters in subsection (2).

[Act 11 of 2023 wef 01/05/2023]

(2) The matters for the purposes of subsection (1) are —(a)

the conduct of licensees;

(b)

the measures necessary for licensees to deal with any plague, epidemic, outbreak, fire, flood, earthquake or disaster (natural or otherwise) or any other public emergency;

(c)

the clinical and ethical aspects of licensable healthcare services;

(d)

the appropriateness of care in relation to the provision of licensable healthcare services;

(e)

the management and operations of licensees, the provision of licensable healthcare services, the quality of licensable healthcare services and the management and care of patients and customers;

(f)

the maintenance or operation of any facilities and equipment used in relation to the provision of licensable healthcare services; and

(g)

the health, security and safety of persons who are engaged in any work relating to the provision of licensable healthcare services.

(3) A code of practice may, in particular, specify the duties and obligations of any licensee in relation to the licensee’s business operation insofar as it relates to the provision of licensable healthcare services in Singapore.

(4) If any provision in any code of practice is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency —(a)

is to have effect subject to this Act; or

(b)

having regard to this Act, is not to have effect.

(5) Where any code of practice is issued, approved, amended or revoked by the Director-General under subsection (1), the Director-General must —(a)

publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice to every licensee to whom the code of practice applies;

(b)

specify in the notice in paragraph (a) the date of issue, approval, amendment or revocation, as the case may be; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code of practice are made available (including on a website designated by the Director-General for this purpose), free of charge, to the licensees to whom the code of practice applies.[Act 11 of 2023 wef 01/05/2023]

(6) Until the notice in subsection (5) is published in accordance with that subsection —(a)

no code of practice, and no amendment to any code of practice issued or approved under this section, has any force or effect as an approved code of practice; and

(b)

no revocation of any code of practice issued or approved under this section has any force or effect.

(7) A code of practice issued or approved under this section does not have legislative effect.

(8) Subject to subsection (9), every licensee must comply with the relevant codes of practice applicable to the licensee.

(9) The Director-General may, either generally or for any period that the Director-General may specify, waive the application of any code of practice, or any part of the code of practice, issued or approved under this section to any licensee.[Act 11 of 2023 wef 01/05/2023]

(10) Any contravention or failure by a person to comply with a code of practice that applies to the person —(a)

does not of itself render the person liable to criminal proceedings; but

(b)

in any proceedings (criminal or otherwise under this Act), may be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.