§ 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 appointed by a section 25 licensee, and require the section 25 licensee to do any of the following:(a)

to require the quality assurance committee to conduct a further evaluation of any prescribed adverse event identified by that committee;

(b)

to take any steps and implement any measures that the direction may specify, and report to the Director-General on the steps taken or measures implemented so as to —(i)

prevent the occurrence or recurrence of any prescribed adverse event; or

(ii)

implement any recommendation of the quality assurance committee to improve the quality of the licensable healthcare service provided by the section 25 licensee.[Act 11 of 2023 wef 01/05/2023]

(3) A direction given under subsection (1) may relate to a service review committee appointed by a section 25 licensee, and require the licensee —(a)

to require the service review committee to conduct a further evaluation of any trend or pattern of events identified by that committee in connection with the section 25 licensee’s provision of a licensable healthcare service, or undertaking of a programme in relation to the provision of a licensable healthcare service, that does not comply with any prescribed service requirements or code of practice applicable to that licensable healthcare service or programme, as the case may be; or

(b)

to take any steps and implement any measures that the direction may specify, and to report to the Director-General on the steps taken or measures implemented so as to —(i)

prevent the occurrence or recurrence of any event that does not comply with any prescribed service requirements or code of practice applicable to any licensable healthcare service or programme (as the case may be) that the service review committee is appointed for; or

(ii)

ensure that the section 25 licensee complies with the prescribed service requirements or code of practice mentioned in sub‑paragraph (i).[Act 11 of 2023 wef 01/05/2023]

(4) A direction given under subsection (1) may relate to a clinical ethics committee appointed by a section 25 licensee, and require the licensee to require that committee to conduct a further ethics review of —(a)

any proposed prescribed medical treatment mentioned in section 26 for an individual; or

(b)

any other clinical case for which an ethics review is requested by the Director-General, the section 25 licensee or the medical practitioner in charge of that clinical case.[Act 11 of 2023 wef 01/05/2023]

(5) A direction mentioned in subsection (2)(b)(ii) or (3)(b)(ii) may require the section 25 licensee —(a)

to change any of the section 25 licensee’s procedures or practices in the provision of the licensable healthcare service; or

(b)

to remove an individual from that individual’s appointment as the section 25 licensee’s Principal Officer or Clinical Governance Officer (as the case may be), and appoint another individual as Principal Officer or Clinical Governance Officer, as the case may be.

(6) Where the Director-General has reasonable grounds to believe that a quality assurance committee, service review committee or clinical ethics committee appointed by a section 25 licensee is not performing any function or discharging any duty under this Act in a proper or satisfactory manner, the Director-General may direct the section 25 licensee —(a)

to remove or replace any member of that committee;

(b)

to appoint one or more additional members to that committee; or

(c)

to dissolve that committee and appoint another such committee in its place.[Act 11 of 2023 wef 01/05/2023]

—(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 appointed by a section 25 licensee, and require the section 25 licensee to do any of the following:(a)

to require the quality assurance committee to conduct a further evaluation of any prescribed adverse event identified by that committee;

(b)

to take any steps and implement any measures that the direction may specify, and report to the Director-General on the steps taken or measures implemented so as to —(i)

prevent the occurrence or recurrence of any prescribed adverse event; or

(ii)

implement any recommendation of the quality assurance committee to improve the quality of the licensable healthcare service provided by the section 25 licensee.[Act 11 of 2023 wef 01/05/2023]

(3) A direction given under subsection (1) may relate to a service review committee appointed by a section 25 licensee, and require the licensee —(a)

to require the service review committee to conduct a further evaluation of any trend or pattern of events identified by that committee in connection with the section 25 licensee’s provision of a licensable healthcare service, or undertaking of a programme in relation to the provision of a licensable healthcare service, that does not comply with any prescribed service requirements or code of practice applicable to that licensable healthcare service or programme, as the case may be; or

(b)

to take any steps and implement any measures that the direction may specify, and to report to the Director-General on the steps taken or measures implemented so as to —(i)

prevent the occurrence or recurrence of any event that does not comply with any prescribed service requirements or code of practice applicable to any licensable healthcare service or programme (as the case may be) that the service review committee is appointed for; or

(ii)

ensure that the section 25 licensee complies with the prescribed service requirements or code of practice mentioned in sub‑paragraph (i).[Act 11 of 2023 wef 01/05/2023]

(4) A direction given under subsection (1) may relate to a clinical ethics committee appointed by a section 25 licensee, and require the licensee to require that committee to conduct a further ethics review of —(a)

any proposed prescribed medical treatment mentioned in section 26 for an individual; or

(b)

any other clinical case for which an ethics review is requested by the Director-General, the section 25 licensee or the medical practitioner in charge of that clinical case.[Act 11 of 2023 wef 01/05/2023]

(5) A direction mentioned in subsection (2)(b)(ii) or (3)(b)(ii) may require the section 25 licensee —(a)

to change any of the section 25 licensee’s procedures or practices in the provision of the licensable healthcare service; or

(b)

to remove an individual from that individual’s appointment as the section 25 licensee’s Principal Officer or Clinical Governance Officer (as the case may be), and appoint another individual as Principal Officer or Clinical Governance Officer, as the case may be.

(6) Where the Director-General has reasonable grounds to believe that a quality assurance committee, service review committee or clinical ethics committee appointed by a section 25 licensee is not performing any function or discharging any duty under this Act in a proper or satisfactory manner, the Director-General may direct the section 25 licensee —(a)

to remove or replace any member of that committee;

(b)

to appoint one or more additional members to that committee; or

(c)

to dissolve that committee and appoint another such committee in its place.[Act 11 of 2023 wef 01/05/2023]