§ 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 reasonable cause to believe are being used, to provide any healthcare service or to store any information relating to the provision of any healthcare service, for the purpose of —(a)

investigating an offence under this Act or a contravention of or non‑compliance with a provision under this Act;

(b)

investigating whether any condition or restriction imposed on a licence or an approval is being complied with; or

(c)

assessing whether the practices and procedures of a licensee are in compliance with this Act or an applicable code of practice.[Act 11 of 2023 wef 01/05/2023]

(2) For the purposes of subsection (1), the Director-General or authorised officer may —(a)

inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, any book, document, record or electronic material;

(b)

inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, any medical record of any individual —(i)

who has been or is being treated or examined at the premises or conveyance; or

(ii)

to whom a licensee has provided or is providing a licensable healthcare service,

even though the prior consent of that individual has not been obtained;

(c)

inspect, test, examine, remove and detain any apparatus, appliance, equipment or instrument used or found in the premises or conveyance;

(d)

inspect any test or procedure relating to any provision of a healthcare service that has been or is being conducted in the premises or conveyance, and inspect, test, examine, remove and detain any article used for or in connection with the test or procedure;

(e)

inspect, test, examine, remove and detain any blood sample, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance found in the premises or conveyance; and

(f)

inspect, test, examine, remove and detain any container, article or other thing that the Director-General or authorised officer reasonably believes to contain or to have contained blood, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance.[Act 11 of 2023 wef 01/05/2023]

(3) The Director-General or an authorised officer may seize from any premises or conveyance —(a)

any blood sample, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance;

(b)

any container, article or other thing that the Director-General or authorised officer reasonably believes to contain or to have contained blood, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance; or[Act 11 of 2023 wef 01/05/2023]

(c)

any book, document, record, electronic material, apparatus, appliance, equipment or instrument,

which the Director-General or authorised officer reasonably believes to be the subject matter of an offence under this Act or a contravention of or non‑compliance with a provision under this Act, or to be connected with the commission of such an offence, contravention or non‑compliance.

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

(4) Where any article or document has been seized under subsection (3) —(a)

the Director-General or authorised officer who seized the article or document must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known;[Act 11 of 2023 wef 01/05/2023]

(b)

the article or document may be kept or stored at the premises or conveyance where it was seized or may, at the direction of the Director-General or authorised officer, be removed to any other place —(i)

to be kept or stored; or

(ii)

for testing or examination; and[Act 11 of 2023 wef 01/05/2023]

(c)

in any case under paragraph (b)(i), the Director-General or authorised officer may —(i)

mark, seal or label the article or document in any manner that the Director-General or authorised officer thinks fit for the purpose of indicating that it is under detention; and[Act 11 of 2023 wef 01/05/2023]

(ii)

lock or seal the whole or part of the premises or conveyance in which the article or document is being detained.[Act 11 of 2023 wef 01/05/2023]

(5) Any person that, without the permission of the Director-General or authorised officer —(a)

interferes, tampers with, removes or otherwise disposes of any article or document seized under subsection (3);

(b)

alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director-General or authorised officer under subsection (4)(c)(i); or[Act 11 of 2023 wef 01/05/2023]

(c)

opens, breaks or otherwise tampers with the lock or seal placed by the Director-General or authorised officer on the whole or part of any premises or conveyance under subsection (4)(c)(ii),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

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

(6) Any individual who is present at any premises or conveyance mentioned in subsection (1) must render all necessary assistance and cooperation to the Director-General or an authorised officer as are necessary for an entry, inspection, investigation or otherwise for the exercise of his or her powers under this Act in relation to those premises or that conveyance.[Act 11 of 2023 wef 01/05/2023]

(7) The Director-General or an authorised officer may —(a)

require any person —(i)

to provide any information within the person’s knowledge; or

(ii)

to produce any book, document, record, electronic material, article or thing within the person’s possession for inspection by the Director-General or authorised officer and make copies of the book, document or other record, or to provide the Director-General or authorised officer with copies of the book, document or other record;[Act 11 of 2023 wef 01/05/2023]

(b)

orally examine any person supposed to be acquainted with the facts and circumstances of any contravention or suspected contravention of a provision under this Act, and must —(i)

reduce to writing any statement made by the person so examined who is bound to state truly the facts and circumstances with which the person is acquainted;

(ii)

read the statement over to the person so examined;

(iii)

if the person does not understand English, interpret, or cause to be interpreted, the statement in a language that the person understands; and

(iv)

require the person so examined to sign the statement, after correction, if any; and

(c)

require, by written order, the attendance before the Director-General or authorised officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of any matter under this Act, and that person must attend as so required.[Act 11 of 2023 wef 01/05/2023]

—(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 reasonable cause to believe are being used, to provide any healthcare service or to store any information relating to the provision of any healthcare service, for the purpose of —(a)

investigating an offence under this Act or a contravention of or non‑compliance with a provision under this Act;

(b)

investigating whether any condition or restriction imposed on a licence or an approval is being complied with; or

(c)

assessing whether the practices and procedures of a licensee are in compliance with this Act or an applicable code of practice.[Act 11 of 2023 wef 01/05/2023]

(2) For the purposes of subsection (1), the Director-General or authorised officer may —(a)

inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, any book, document, record or electronic material;

(b)

inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises or conveyance to provide copies of or extracts from, any medical record of any individual —(i)

who has been or is being treated or examined at the premises or conveyance; or

(ii)

to whom a licensee has provided or is providing a licensable healthcare service,

even though the prior consent of that individual has not been obtained;

(c)

inspect, test, examine, remove and detain any apparatus, appliance, equipment or instrument used or found in the premises or conveyance;

(d)

inspect any test or procedure relating to any provision of a healthcare service that has been or is being conducted in the premises or conveyance, and inspect, test, examine, remove and detain any article used for or in connection with the test or procedure;

(e)

inspect, test, examine, remove and detain any blood sample, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance found in the premises or conveyance; and

(f)

inspect, test, examine, remove and detain any container, article or other thing that the Director-General or authorised officer reasonably believes to contain or to have contained blood, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance.[Act 11 of 2023 wef 01/05/2023]

(3) The Director-General or an authorised officer may seize from any premises or conveyance —(a)

any blood sample, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance;

(b)

any container, article or other thing that the Director-General or authorised officer reasonably believes to contain or to have contained blood, blood product, human tissue or fluid, any product of the human body, dialysate, chemical, pharmaceutical or any other substance; or[Act 11 of 2023 wef 01/05/2023]

(c)

any book, document, record, electronic material, apparatus, appliance, equipment or instrument,

which the Director-General or authorised officer reasonably believes to be the subject matter of an offence under this Act or a contravention of or non‑compliance with a provision under this Act, or to be connected with the commission of such an offence, contravention or non‑compliance.

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

(4) Where any article or document has been seized under subsection (3) —(a)

the Director-General or authorised officer who seized the article or document must give written notice of the seizure to the person from whom it was seized, if the name and address of that person are known;[Act 11 of 2023 wef 01/05/2023]

(b)

the article or document may be kept or stored at the premises or conveyance where it was seized or may, at the direction of the Director-General or authorised officer, be removed to any other place —(i)

to be kept or stored; or

(ii)

for testing or examination; and[Act 11 of 2023 wef 01/05/2023]

(c)

in any case under paragraph (b)(i), the Director-General or authorised officer may —(i)

mark, seal or label the article or document in any manner that the Director-General or authorised officer thinks fit for the purpose of indicating that it is under detention; and[Act 11 of 2023 wef 01/05/2023]

(ii)

lock or seal the whole or part of the premises or conveyance in which the article or document is being detained.[Act 11 of 2023 wef 01/05/2023]

(5) Any person that, without the permission of the Director-General or authorised officer —(a)

interferes, tampers with, removes or otherwise disposes of any article or document seized under subsection (3);

(b)

alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director-General or authorised officer under subsection (4)(c)(i); or[Act 11 of 2023 wef 01/05/2023]

(c)

opens, breaks or otherwise tampers with the lock or seal placed by the Director-General or authorised officer on the whole or part of any premises or conveyance under subsection (4)(c)(ii),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

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

(6) Any individual who is present at any premises or conveyance mentioned in subsection (1) must render all necessary assistance and cooperation to the Director-General or an authorised officer as are necessary for an entry, inspection, investigation or otherwise for the exercise of his or her powers under this Act in relation to those premises or that conveyance.[Act 11 of 2023 wef 01/05/2023]

(7) The Director-General or an authorised officer may —(a)

require any person —(i)

to provide any information within the person’s knowledge; or

(ii)

to produce any book, document, record, electronic material, article or thing within the person’s possession for inspection by the Director-General or authorised officer and make copies of the book, document or other record, or to provide the Director-General or authorised officer with copies of the book, document or other record;[Act 11 of 2023 wef 01/05/2023]

(b)

orally examine any person supposed to be acquainted with the facts and circumstances of any contravention or suspected contravention of a provision under this Act, and must —(i)

reduce to writing any statement made by the person so examined who is bound to state truly the facts and circumstances with which the person is acquainted;

(ii)

read the statement over to the person so examined;

(iii)

if the person does not understand English, interpret, or cause to be interpreted, the statement in a language that the person understands; and

(iv)

require the person so examined to sign the statement, after correction, if any; and

(c)

require, by written order, the attendance before the Director-General or authorised officer of any person, being within the limits of Singapore, who, from information given or otherwise, appears to be acquainted with the facts and circumstances of any matter under this Act, and that person must attend as so required.[Act 11 of 2023 wef 01/05/2023]