§ 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 healthcare service by the licensee; or

(ii)

the general public in connection with the provision of a licensable healthcare service by the licensee; or

(b)

the licensable healthcare service is being, or is likely to be, provided in a manner contrary to the rules of professional conduct and ethics applicable to any individual engaged in providing that service.[Act 11 of 2023 wef 01/05/2023]

(2) A direction given under subsection (1) —(a)

may require the licensee to do, or refrain from doing, any thing or things of any description that the direction may specify; and

(b)

may be varied or revoked at any time by the Director-General.[Act 11 of 2023 wef 01/05/2023]

(3) To avoid doubt —(a)

a direction under subsection (1)(a) may require the licensee to stop the provision of a licensable healthcare service until the Director-General is satisfied that the circumstances in subsection (1)(a) no longer exist; and[Act 11 of 2023 wef 01/05/2023]

(b)

a direction under subsection (1)(b) may require the licensee to stop the provision of a licensable healthcare service until the Director-General is satisfied that the licensee has ceased to, and will not, provide that service in the manner mentioned in subsection (1)(b).[Act 11 of 2023 wef 01/05/2023]

(4) Before giving a direction under subsection (1) to a licensee, the Director-General must, unless the Director-General in respect of that direction considers that it is not practicable or desirable, give notice to the licensee —(a)

stating that the Director-General intends to give a direction to the licensee under this section and the nature of the direction; and[Act 11 of 2023 wef 01/05/2023]

(b)

specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director-General with respect to the proposed direction.[Act 11 of 2023 wef 01/05/2023]

(5) The Director-General may give or not give the direction —(a)

after considering any written representation made to the Director-General pursuant to the notice in subsection (4); or[Act 11 of 2023 wef 01/05/2023]

(b)

after the time specified in the notice under subsection (4)(b), where no representation is so made or any written representation made is subsequently withdrawn.[Act 11 of 2023 wef 01/05/2023]

(6) The Director-General must serve on the licensee concerned a notice of the Director-General’s decision under subsection (5).[Act 11 of 2023 wef 01/05/2023]

(7) A direction given under subsection (1) takes effect from the date on which the notice under subsection (6) is given, or on such other date as the notice may specify.

(8) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect.

(9) A licensee that fails to comply with any direction given to that licensee under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

—(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 healthcare service by the licensee; or

(ii)

the general public in connection with the provision of a licensable healthcare service by the licensee; or

(b)

the licensable healthcare service is being, or is likely to be, provided in a manner contrary to the rules of professional conduct and ethics applicable to any individual engaged in providing that service.[Act 11 of 2023 wef 01/05/2023]

(2) A direction given under subsection (1) —(a)

may require the licensee to do, or refrain from doing, any thing or things of any description that the direction may specify; and

(b)

may be varied or revoked at any time by the Director-General.[Act 11 of 2023 wef 01/05/2023]

(3) To avoid doubt —(a)

a direction under subsection (1)(a) may require the licensee to stop the provision of a licensable healthcare service until the Director-General is satisfied that the circumstances in subsection (1)(a) no longer exist; and[Act 11 of 2023 wef 01/05/2023]

(b)

a direction under subsection (1)(b) may require the licensee to stop the provision of a licensable healthcare service until the Director-General is satisfied that the licensee has ceased to, and will not, provide that service in the manner mentioned in subsection (1)(b).[Act 11 of 2023 wef 01/05/2023]

(4) Before giving a direction under subsection (1) to a licensee, the Director-General must, unless the Director-General in respect of that direction considers that it is not practicable or desirable, give notice to the licensee —(a)

stating that the Director-General intends to give a direction to the licensee under this section and the nature of the direction; and[Act 11 of 2023 wef 01/05/2023]

(b)

specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director-General with respect to the proposed direction.[Act 11 of 2023 wef 01/05/2023]

(5) The Director-General may give or not give the direction —(a)

after considering any written representation made to the Director-General pursuant to the notice in subsection (4); or[Act 11 of 2023 wef 01/05/2023]

(b)

after the time specified in the notice under subsection (4)(b), where no representation is so made or any written representation made is subsequently withdrawn.[Act 11 of 2023 wef 01/05/2023]

(6) The Director-General must serve on the licensee concerned a notice of the Director-General’s decision under subsection (5).[Act 11 of 2023 wef 01/05/2023]

(7) A direction given under subsection (1) takes effect from the date on which the notice under subsection (6) is given, or on such other date as the notice may specify.

(8) Every licensee must comply with every direction given under this section to the licensee as soon as it takes effect.

(9) A licensee that fails to comply with any direction given to that licensee under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.