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 the skills and competencies requirements prescribed or as specified in any code of practice if not prescribed.
(2) Where the Director-General is satisfied that a key appointment holder of a licensee —(a)
is not a suitable person to act in that capacity in relation to the licensee; or
(b)
does not possess any of the skills or competencies in subsection (1)(b), resulting in a contravention by the licensee of subsection (1)(b),
the Director-General may, without affecting the Director-General’s power under section 20, issue a direction to the licensee to remove, within the period that the direction may specify, that key appointment holder from his or her appointment, and the licensee must comply with the direction, despite any other written law.
[Act 11 of 2023 wef 01/05/2023]
(3) Every licensee must, within the prescribed period, notify the Director-General of —(a)
the appointment of every key appointment holder of the licensee; and
(b)
any change in any key appointment holder of the licensee.[Act 11 of 2023 wef 01/05/2023]
(4) A notification under subsection (3) must be made in the form and manner that the Director-General requires.[Act 11 of 2023 wef 01/05/2023]
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 approval to provide a specified service that is prescribed for the purposes of this section,
must appoint one or more suitably qualified individuals as the licensee’s Clinical Governance Officer or Clinical Governance Officers to be responsible for the clinical and technical matters relating to the prescribed licensable healthcare service or prescribed specified service, as the case may be.
[Act 11 of 2023 wef 26/06/2023]
(2A) Every Clinical Governance Officer appointed under subsection (2) must perform such functions as may be prescribed in relation to the prescribed licensable healthcare service or prescribed specified service, as the case may be.[Act 11 of 2023 wef 26/06/2023]
(2B) A licensee must not appoint an individual as a Clinical Governance Officer unless the Director-General has given prior written approval for the appointment of the individual.[Act 11 of 2023 wef 26/06/2023]
(2C) The Director-General must not approve the appointment of an individual as a Clinical Governance Officer unless the Director-General is of the opinion that the individual is a suitable person.[Act 11 of 2023 wef 26/06/2023]
(3) For the purposes of subsections (1) and (2), an individual is a suitably qualified individual if the individual —(a)
is a suitable person to act as the licensee’s Principal Officer or Clinical Governance Officer, as the case may be; and
(b)
possesses the qualifications, skills and competencies that are prescribed for the performance of the functions and duties of the licensee’s Principal Officer or Clinical Governance Officer, as the case may be.[Act 11 of 2023 wef 26/06/2023]
(4) For the purposes of subsection (3), different qualifications, skills and competencies may be prescribed in respect of different licensable healthcare services or different specified services.[Act 11 of 2023 wef 26/06/2023]
(5) Every licensee must, within the prescribed period, notify the Director-General of the appointment in subsection (1), and any change in the appointment.[Act 11 of 2023 wef 01/05/2023]
[Act 11 of 2023 wef 26/06/2023]
(6) A notification of any change in an appointment under subsection (5) must be made in the form and manner that the Director-General requires.[Act 11 of 2023 wef 01/05/2023]
(7) The licensee must ensure that —(a)
the individual the licensee appoints as Principal Officer is suitably qualified to act as Principal Officer at all times during the term of the individual’s appointment and the term of the licensee’s licence; and
(b)
every individual the licensee appoints as Clinical Governance Officer is suitably qualified to act as Clinical Governance Officer at all times during the term of the individual’s appointment and the term of the licensee’s licence.
(8) Where an individual appointed as the licensee’s Principal Officer or Clinical Governance Officer —(a)
is not, or is no longer, suitable to act as Principal Officer or Clinical Governance Officer (as the case may be), the licensee must remove the individual from that individual’s appointment as 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; or
(b)
for any other reason stops acting, or is unable to act, as Principal Officer or Clinical Governance Officer (as the case may be), the licensee must appoint another individual as Principal Officer or Clinical Governance Officer, as the case may be.
(9) Where an individual appointed by a licensee as the licensee’s Principal Officer or Clinical Governance Officer fails to perform any function of a Principal Officer or Clinical Governance Officer (as the case may be), the Director-General may, without affecting the Director-General’s power under section 20, cancel the Director-General’s approval referred to in subsection (2B) and issue a direction to the licensee to remove and replace that individual as Principal Officer or Clinical Governance Officer (as the case may be), and the licensee must comply with that direction.[Act 11 of 2023 wef 01/05/2023]
[Act 11 of 2023 wef 26/06/2023]
(10) Different periods may be prescribed for the licensee —(a)
to remove an individual from that individual’s appointment as Principal Officer or Clinical Governance Officer (as the case may be), and to appoint another individual as Principal Officer or Clinical Governance Officer, under subsection (8)(a); and
(b)
to appoint an individual as Principal Officer or Clinical Governance Officer (as the case may be) under subsection (8)(b) where the individual previously appointed as Principal Officer or Clinical Governance Officer (as the case may be) stops acting, or is unable to act, in that capacity for any reason.
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 healthcare service that is provided by the section 25 licensee; or
(c)
any programme or activity undertaken or to be undertaken in relation to the provision of any licensable healthcare service by the section 25 licensee.
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 provided to the individual —(a)
where the licensee is a section 25 licensee — refer or cause to be referred the individual’s case to at least one of the licensee’s clinical ethics committees for an ethics review of the proposed prescribed medical treatment; or
(b)
where the licensee is not a section 25 licensee — refer or cause to be referred the individual’s case to any clinical ethics committee appointed by a section 25 licensee for an ethics review of the proposed prescribed medical treatment.
(3) A licensee may provide the prescribed medical treatment to the individual only if every clinical ethics committee that conducted an ethics review of the prescribed medical treatment is satisfied that the prescribed medical treatment is ethically appropriate.
(4) A person must not provide a prescribed medical treatment if —(a)
the individual’s case has not been referred to a clinical ethics committee for an ethics review of the prescribed medical treatment under subsection (2); or
(b)
any clinical ethics committee to which the individual’s case is referred is not satisfied, following an ethics review under subsection (2), that the prescribed medical treatment is ethically appropriate.
(5) A person (not being a licensee) that contravenes subsection (4) shall be guilty of an offence.
(6) A licensee —(a)
that fails to comply with subsection (2) or (3); or
(b)
that allows a person to provide, or fails to take reasonable steps to prevent the person from providing, a prescribed medical treatment contrary to subsection (4),
shall be guilty of an offence.
(7) A person that is guilty of an offence under subsection (5) or (6) 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.
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)
implement any prescribed safeguards to protect all records mentioned in subsection (1), and any computer system used to keep and maintain those records, against —(i)
accidental or unlawful loss, modification or destruction; and
(ii)
unauthorised access, disclosure, copying, use or modification;
(b)
monitor and periodically evaluate the safeguards in paragraph (a) to ensure that —(i)
the safeguards are effective; and
(ii)
all individuals employed or authorised by the licensee who access or handle any record mentioned in subsection (1) comply with the safeguards; and
(c)
take all appropriate steps to ensure that each individual employed or authorised by the licensee who accesses or handles any record mentioned in subsection (1) is aware of —(i)
the safeguards mentioned in paragraph (a); and
(ii)
the individual’s role and responsibility in maintaining the confidentiality, integrity and availability of the records.
(3) A licensee must take reasonable care in the disposal or destruction of any record mentioned in subsection (1) so as to prevent unauthorised access to, or unauthorised disclosure or reproduction of, the record or any information in that record.
(4) A licensee must not, in purported compliance with a requirement under subsection (1), make a record of any matter or thing in such a way that the matter or thing is not recorded accurately or completely or the record is not up to date.
(5) A licensee that contravenes any requirement under this section 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.
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 (called in this section a restricted individual);
(b)
must obtain the prescribed information, in the prescribed form and manner, from every individual —(i)
that the section 28 licensee employs; or
(ii)
who seeks employment with the section 28 licensee;
(c)
must maintain records of the information mentioned in paragraph (b) in accordance with this section; and
(d)
must provide to the Director any information that the Director may require in respect of —(i)
any individual that the section 28 licensee employs or has employed; or
(ii)
any individual who seeks or has sought employment with the section 28 licensee.
(2) In deciding whether an approval under subsection (1)(a) should be granted, the Director must have regard, and give such weight as the Director considers appropriate, to all the following matters:
(a)
the nature of the duties and responsibilities that the restricted individual will be deployed or required to perform or undertake by the section 28 licensee;
(b)
the nature and circumstances of the offence or offences of which the restricted individual was convicted;
(c)
the likelihood that the restricted individual will re‑offend or commit offences of the same or similar nature as the offence or offences mentioned in paragraph (b).
(3) To avoid doubt, the Director is not confined to consideration of the matters in subsection (2) and may take into account any other matters and evidence that may be relevant.
(4) For the purposes of subsection (1)(c), a section 28 licensee must maintain the records of the information mentioned in subsection (1)(b) —
(a)
throughout the duration of the individual’s employment with the section 28 licensee; and
(b)
for a period of 2 years following the cessation or termination for any reason of the individual’s employment with the section 28 licensee.
(5) A section 28 licensee that fails to comply with subsection (1)(a) 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.
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 not use the term “Singapore” or “National”, or any abbreviation or derivative of those terms, in any language, in the licensee’s name or logo except with the Director-General’s approval.[Act 11 of 2023 wef 01/05/2023]
[Act 11 of 2023 wef 26/06/2023]
(2) A licensee must not use any term or name, or any abbreviation or derivative of that term or name, in any language, that misleads or causes confusion, or is likely to mislead or cause confusion, as to the licensable healthcare service provided by the licensee.
(2A) A licensee must not use any term or name, or any abbreviation or derivative of that term or name, in any language, that is associated with a defined speciality, in the licensee’s name or logo unless the licensee employs or engages a relevant specialist to practise that defined speciality in the licensee’s provision of the licensable healthcare service.[Act 11 of 2023 wef 26/06/2023]
(3) A person that is not a licensee commits an offence if the person uses any prescribed term or name, or any abbreviation or derivative of that prescribed term or name, in any language, to convey the impression that the person provides any service, or engages in any activity, that is the same or similar to a service or an activity which may be provided only by a person authorised to provide a licensable healthcare service under a licence granted under this Act.
(4) A person that is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000 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.
(5) In this section —“defined speciality” means —(a)
a branch of dentistry that the Dental Specialists Accreditation Board has defined under section 42(1)(b) of the Dental Registration Act 1999 as a specialty in dentistry for the purposes of registration in the Register of Specialists; or
(b)
a branch of medicine that the Specialists Accreditation Board has defined under section 35(1)(b) of the Medical Registration Act 1997 as a specialty or sub-specialty in medicine for the purposes of registration in the Register of Specialists;
“relevant specialist” —(a)
for a branch of dentistry, means a dentist who is registered under section 14C of the Dental Registration Act 1999 as a specialist in that branch of dentistry; and
(b)
for a branch of medicine, means a medical practitioner who is registered under section 22 of the Medical Registration Act 1997 as a specialist in that branch of medicine.[Act 11 of 2023 wef 26/06/2023]
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 under the licence;
(b)
the provision of any service, or carrying out of any activity, that is incidental to the provision of the licensable healthcare service in paragraph (a); or
(c)
the provision of any healthcare service which is not licensable and is prescribed, subject to any conditions prescribed.[Act 11 of 2023 wef 26/06/2023]
(2) The Director-General may, subject to any conditions that the Director-General may impose, permit a licensee to use, or allow any other person to use, any part (but not the whole) of any approved permanent premises or approved conveyance for any purpose that is not mentioned in subsection (1).[Act 11 of 2023 wef 01/05/2023]
[Act 11 of 2023 wef 26/06/2023]
(3) Except where provided in subsections (1)(b) and (c) and (2), a person that is not a licensee must not use the whole or any part of any approved permanent premises or approved conveyance for any purpose.[Act 11 of 2023 wef 26/06/2023]
(4) A licensee that contravenes subsection (1), or fails to comply with any condition under subsection (2), shall be guilty of an offence.
(5) Any person (not being a licensee) that contravenes subsection (3), or fails to comply with any condition under subsection (1)(c) or (2), shall be guilty of an offence.
(6) A person that is guilty of an offence under subsection (4) or (5) 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.[Act 11 of 2023 wef 26/06/2023]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
