Private Hospitals and Medical Clinics Act

• Jurisdiction: Singapore
• Coming into Force: 30 December 1999
• Act Number: (Original Enactment: Act 27 of 1980)
• Enactment Date: 01 January 1993
• Record Number: Cap. 248
• Published date: 30 December 1999

Private Hospitals and Medical Clinics Act

(CHAPTER 248)

(Original Enactment: Act 27 of 1980)

REVISED EDITION 1999

(30th December 1999)

An Act to provide for the control, licensing and inspection of private hospitals, medical clinics, clinical laboratories and healthcare establishments, and for purposes connected therewith. [6/2004 wef 08/03/2004]

[1st January 1993]

Short title

1. This Act may be cited as the Private Hospitals and Medical Clinics Act.

Interpretation

2. In this Act, unless the context otherwise requires — “authorised officer” means — (a) any public officer appointed by the Director under section 3(2) to perform the duties and exercise the powers of the Director under this Act or any regulations made thereunder; and (b) any person authorised by the Director under section 3(3) to assist in the administration of this Act; “clinical laboratory” means any premises used or intended to be used for any type of examination of the human body or of any matter derived therefrom for the purpose of providing information for the diagnosis, prevention or treatment of any disease or for the assessment of the health of any person, or for ascertaining the cause of death or the result of any medical or surgical treatment given to any person, but does not include any such premises — (a) which are maintained by the Government or the National University of Singapore; (b) which form part of the premises of a licensed private hospital; or (c) which are maintained by a medical practitioner or dentist as part of his medical clinic for the exclusive use of his practice; “dentist” means a person who is duly registered under the Dental Registration Act (Cap. 76); [22/2007 wef 01/01/2008] “Director” means the Director of Medical Services; “healthcare establishment” means any premises or conveyance — (a) which is used or intended to be used for the provision of any service, or for carrying out any practice or procedure, that is related to the diagnosis, treatment or care of persons suffering from any disease, injury or disability; and (b) which is declared by the Minister, by order published in the Gazette, to be a healthcare establishment for the purposes of this Act, but does not include a private hospital, medical clinic or clinical laboratory or part thereof, or an establishment or conveyance maintained by the Government or the National University of Singapore; “healthcare institution” means a clinical laboratory, a healthcare establishment, a medical clinic or a private hospital; [14/2010 wef 02/01/2011] “licence” means a licence issued under this Act to use any premises or conveyance as a private hospital, medical clinic, clinical laboratory or healthcare establishment, and “licensed” shall be construed accordingly; [26/2001 wef 01/09/2001] “maternity home” means any premises used or intended to be used for the reception of pregnant women or of women immediately after childbirth; “medical clinic” means any premises used or intended to be used by a medical practitioner, a dentist or any other person — (a) for the diagnosis or treatment of persons suffering from, or believed to be suffering from, any disease, injury or disability of mind or body; or (b) for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device requiring the use of electricity, heat or light, but does not include any such premises — (i) which are maintained by the Government or the National University of Singapore; or (ii) which form part of the premises of a licensed private hospital; “medical practitioner” means a person who is duly registered under the Medical Registration Act (Cap. 174); “nursing home” means any premises other than a maternity home used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity; “private hospital” means any premises used or intended to be used for the reception, lodging and treatment and care of persons who require medical treatment or suffer from any disease, and includes a maternity home and a nursing home. [26/2001 wef 01/09/2001]

Administration of Act and appointment of officers, etc.

3.—(1) The Director shall, subject to the general or special directions of the Minister, be responsible for the administration of this Act. [19/99] (2) The Director may, in writing, appoint any public officer to perform all duties imposed and exercise all powers conferred on the Director by this Act or any regulations made thereunder, subject to such conditions and limitations as the Director may specify. [19/99] (3) The Director may, in writing, authorise any other person to assist in the administration of this Act. [19/99] (4) The Director and every authorised officer shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224). [19/99] (5) The Minister may establish one or more advisory committees consisting of such persons as he may appoint for the purpose of advising on such matters arising out of the administration of this Act as are referred to them by the Minister or the Director. [2A [19/99]

4. [Repealed by Act 6/2004 wef 08/03/2004]

Licences for private hospitals, medical clinics, clinical laboratories and healthcare establishments

5.—(1) No premises or conveyance shall be used as a private hospital, medical clinic, clinical laboratory or healthcare establishment except under the authority and in accordance with the terms and conditions of a licence issued by the Director. [19/99] [26/2001 wef 01/09/2001] (2) If a private hospital, medical clinic, clinical laboratory or healthcare establishment is not licensed or is used otherwise than in accordance with the terms and conditions of its licence, every person having the management or control thereof 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 2 years or to both. [19/99] (3) The Director may order the person having the management or control of any unlicensed private hospital, medical clinic, clinical laboratory or healthcare establishment to close that private hospital, medical clinic, clinical laboratory or healthcare establishment either forthwith or within such time as the Director may specify. [19/99] (4) If the person to whom an order is given under subsection (3) fails to comply with the order — (a) he shall be guilty of an offence and 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 thereof during which the offence continues after conviction; and (b) the Director may take such measures as he thinks necessary to secure the closure of the unlicensed private hospital, medical clinic, clinical laboratory or healthcare establishment. [4 [19/99]

Application for issue and renewal of licences

6.—(1) An application for a licence shall be made to the Director in the prescribed form and shall be accompanied by — (a) the prescribed fee; (b) such particulars, information and documents as may be specified by the Director; and (c) if required by the Director, a statutory declaration by the applicant verifying any information contained in or relating to the application. [19/99] (2) On receipt of an application under subsection (1), the Director may — (a) issue the licence applied for subject to such terms and conditions as he thinks fit to impose; or (b) refuse to issue the licence applied for. [19/99] (3) In determining whether to issue or refuse to issue a licence, the Director shall have regard to — (a) the character and fitness of the applicant to be issued with a licence or, where the applicant is a body corporate, the character and fitness of the members of the board of directors or committee or board of trustees or other governing body of the body corporate; (b) the ability of the applicant to operate and maintain a private hospital, medical clinic, clinical laboratory or healthcare establishment, as the case may be, in accordance with the prescribed standards; (c) the suitability of the premises or conveyance (including the facilities and equipment therein) to be licensed for use as a private hospital, medical clinic, clinical laboratory or healthcare establishment, as the case may be; and [26/2001 wef 01/09/2001] (d) the adequacy of the nursing and other staff that is to be employed at the premises or conveyance to be licensed. [19/99] [26/2001 wef 01/09/2001] (4) For the purpose of subsection (3), the Director, before issuing the licence applied for, may — (a) inspect the premises or conveyance to be licensed, or cause such premises or conveyance to be inspected by an authorised officer; and [26/2001 wef 01/09/2001] (b) require the applicant at his own expense — (i) to make such alteration or improvement to the premises or conveyance to be licensed; or (ii) to provide, fix or install such facilities and equipment therein, [26/2001 wef 01/09/2001] as the Director may specify. [19/99] (5) The Director may, at any time, vary or revoke any of the existing terms or conditions imposed under subsection (2)(a) or impose new terms and conditions. [19/99] (6) Every licence issued under this section — (a) shall be in such form as the Director may determine; (b) shall be valid for the period stated therein unless it is sooner revoked under section 9; and (c) may be renewed upon its expiry. [19/99] (7) Subsections (1) to (6) shall apply, with the necessary modifications, to an application for the renewal of a licence. [5 [19/99]

Kinds of licensed private hospitals

7.—(1) Every licensed private hospital shall, according to the tenor of the licence issued in respect thereof, be of one of the following kinds: (a) a maternity hospital; (b) a medical hospital; (c) a surgical hospital; (d) a psychiatric hospital; (e) a convalescent hospital; (f) a children’s hospital; (g) a hospital licensed for any 2 or more of the abovementioned purposes; or (h) such other kind of hospital

...