CHAPTER 248 Private Hospitals and Medical Clinics Act
REVISED EDITION 1999 (30th December 1999) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)
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]
ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Administration of Act and appointment of officers, etc. 4. [Repealed] 5. Licences for private hospitals, medical clinics, clinical laboratories and healthcare establishments 6. Application for issue and renewal of licences 7. Kinds of licensed private hospitals 8. Register 9. Suspension and revocation of licences 10. Appeal 11. Quality assurance committees 12. Powers of entry, inspection, search, seizure, etc. 13. Confidentiality of information 14. Directions as to apparatus, appliance, equipment, etc. 15. Offences by bodies corporate 16. Restriction on disclosure of information 17. Obstructing Director or authorised officers in execution of their duties 18. Protection from liability 19. Jurisdiction of Courts 20. Composition of offences 21. Exemption 22. Regulations
This Act may be cited as the Private Hospitals and Medical Clinics Act.
(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]
[Repealed by Act 6/2004 wef 08/03/2004]
(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]
(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]
(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]
(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]
(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]
(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]
(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 as the Minister may, by notification in the Gazette, specify.
The Director shall cause to be kept and maintained a register of all licensed private hospitals, medical clinics, clinical laboratories and healthcare establishments. [7 [19/99]
(a) the issue of the licence has been obtained by fraud or misrepresentation; (b) the person to whom the licence has been issued is contravening or has contravened or failed to comply with — (i) any of the provisions of this Act or any regulations made thereunder; (ii) any term or condition of his licence; or (iii) any direction given to him by the Director or an authorised officer under this Act or any regulations made thereunder; (c) he is no longer satisfied as to any of the matters specified in section 6(3); (d) the private hospital, medical clinic, clinical laboratory or healthcare establishment in respect of which the licence was issued has ceased to operate as such; or (e) it is in the public interest to do so. [19/99]
(a) give to the holder of the licence notice in writing of his intention to do so; and (b) in such notice, call upon the holder of the licence to show cause within such time as may be specified in the notice as to why his licence should not be suspended or revoked. [19/99]
(a) fails to show cause within the period of time given to him or such extended period of time as the Director may allow; or (b) fails to show sufficient cause, as to why his licence should not be suspended or revoked, the Director shall give notice in writing to the holder of the licence of the date from which the suspension or revocation of his licence is to take effect. [8 [19/99]
(a) the refusal of the Director to issue or renew a licence under section 6; or (b) the decision of the Director to suspend or revoke a licence under section 9, may, within 21 days of the date of receipt of the notice informing him of such refusal, suspension or revocation, as the case may be, appeal in writing to the Minister whose decision shall be final. [19/99]
(a) in the case of an appeal by a medical practitioner relating to his medical clinic, 3 members of the Medical Council established under the Medical Registration Act (Cap. 174) as the Council may designate; and (b) in the case of an appeal by a dentist relating to his medical clinic, 3 members of the Singapore Dental Council established under the Dental Registration Act (Cap. 76) as the Council may designate, and in making his decision, the Minister shall have regard to any report made to him by the advisory committee. [9 [19/99] [22/2007 wef 01/01/2008]
(a) monitor and evaluate the quality and appropriateness of the services provided and the practices and procedures carried out at the prescribed healthcare institution; (b) identify and resolve problems that may have arisen in connection with any service provided or any practice or procedure carried out at the prescribed healthcare institution; (c) make recommendations to improve the quality of the services provided and the practices and procedures carried out at the prescribed healthcare institution; and (d) monitor the implementation of the recommendations made under paragraph (c). [19/99] [14/2010 wef 02/01/2011]
(a) to produce before any court, tribunal, board or person any document in his possession or under his control that was created by, at the request of or solely for the purpose of the quality assurance committee; or (b) to disclose to any court, tribunal, board or person any information that has come to his knowledge as a member of the quality assurance committee. [19/99]
(a) any statement made orally or in writing in the exercise of the functions of a member; or (b) the contents of any report or other information published by the quality assurance committee. [10 [19/99]
(a) investigate whether this Act or any regulations made thereunder has been or is being contravened; or (b) assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out at the private hospital, medical clinic, clinical laboratory or healthcare establishment. [19/99]
(a) inspect any apparatus, appliance, equipment or instrument used or found in the private hospital, medical clinic, clinical laboratory or healthcare establishment; (b) inspect, test, examine, take, remove and detain samples of blood, blood products, human tissue or fluid or any product of the human body, dialysate, chemicals, pharmaceuticals or any other substance found in the private hospital, medical clinic, clinical laboratory or healthcare establishment; (c) inspect, test, examine, take and remove all containers, articles and other things that the Director or authorised officer reasonably believes to contain or to have contained blood, blood products, human tissue or fluid or any product of the human body, dialysate, chemicals, pharmaceuticals or any other substance; (d) inspect any test or procedure performed or carried out at the private hospital, medical clinic, clinical laboratory or healthcare establishment in order to ensure compliance with the provisions of this Act and any regulations made thereunder; (e) inspect and make copies of and take extracts from, or require the licensee or person having the management or control of the private hospital, medical clinic, clinical laboratory or healthcare establishment to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the private hospital, medical clinic, clinical laboratory or healthcare establishment or the facilities or services provided or the practices or procedures being carried out thereat; (f) inspect and make copies of and take extracts from, or require the licensee or person having the management or control of the private hospital, medical clinic, clinical laboratory or healthcare establishment to provide copies of or extracts from, the medical record of any person who has been or who is being treated or examined at the private hospital, medical clinic, clinical laboratory or healthcare establishment, notwithstanding that the prior consent of such person has not been obtained; and (g) seize and remove from the private hospital, medical clinic, clinical laboratory or healthcare establishment any book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical or other substance which the Director or authorised officer reasonably believes to be the subject-matter of, or to be connected with the commission of, an offence under this Act or any regulations made thereunder. [19/99]
(a) ascertain whether the provisions of this Act or any regulations made thereunder are being complied with; or (b) assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out at the private hospital, medical clinic, clinical laboratory or healthcare establishment, exercise any of the following powers at any time: (i) by order in writing require any person — (A) to furnish any information within his knowledge; or (B) to produce any book, document, paper or other record, or any article or thing which may be in his custody or possession and which may be related to or be connected with the subject-matter of the investigation or assessment for inspection by the Director or authorised officer and for making copies thereof, or to provide copies of such book, document, paper or other record, and may, if necessary, further require such person to attend at a specified time and place for the purpose of complying with sub‑paragraph (A) or (B); (ii) by order in writing require the attendance before him of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation or assessment; (iii) examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation or assessment, and to reduce into writing the answer given or statement made by that person who shall be bound to state truly the facts and circumstances with which he is acquainted, and the statement made by that person shall be read over to him and shall, after correction, be signed by him. [1/2010 wef 01/12/2010]
(a) refuses or fails, without reasonable excuse, to furnish any information or thing to the Director or authorised officer in contravention of subsection (3); or (b) gives any false or misleading information, 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. [1/2010 wef 01/12/2010]
(a) under or for the purpose of administering and enforcing — (i) this Act; (ii) the Infectious Diseases Act (Cap. 137); (iii) the Termination of Pregnancy Act (Cap. 324); (iv) the Human Organ Transplant Act (Cap. 131A); [2/2008 wef 01/08/2008] (v) the Health Products Act (Cap. 122D); or [1/2010 wef 01/12/2010] (vi) the Medicines Act (Cap. 176); [1/2010 wef 01/12/2010] (b) for the purpose of making a complaint or providing information under Part V of the Dental Registration Act (Cap. 76), Part VII of the Medical Registration Act (Cap. 174) or Part VI of the Pharmacists Registration Act 2007; or [48/2007 wef 01/09/2008] (c) for any other purpose with the consent of the person to whom the information relates or the representative of such person. [19/99]
(a) in relation to a deceased person, means his executor, administrator or next-of-kin; (b) in relation to an infant, means one of his parents or his guardian; and (c) in relation to a person who lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A), means — (i) a donee of a lasting power of attorney which is granted by that person under the Mental Capacity Act, and under which that person confers on the donee authority to consent on that person’s behalf to such disclosure; or (ii) a deputy who is appointed or deemed to be appointed for that person by the court under the Mental Capacity Act, and who is conferred power to consent on that person’s behalf to such disclosure. [Act 16 of 2016 wef 10/06/2016]
(a) is dangerous or detrimental to any person therein; or (b) is otherwise unsuitable for the purpose for which it is used or carried out, the Director or authorised officer may, by notice, direct the licensee or person having the management or control of the private hospital, medical clinic, clinical laboratory or healthcare establishment to stop using such apparatus, appliance, equipment or instrument or to stop carrying out such practice or procedure. [19/99]
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who purported to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
If any person discloses to any other person any information obtained by or given to him in pursuance of this Act he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [19/99]
Any person who obstructs, hinders or impedes the Director or any authorised officer in the performance or execution of his duty or anything which he is authorised, empowered or required to do under this Act or any regulations made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [16A [19/99]
No suit or other legal proceedings shall lie against the Director, any authorised officer or any member of an advisory committee established under section 3(5), for anything which is done in good faith in the execution or purported execution of this Act or any regulations made thereunder. [16B [19/99]
Notwithstanding anything to the contrary contained in the Criminal Procedure Code (Cap. 68), a District Court or a Magistrate’s Court shall have jurisdiction to try any offence under this Act or any regulations made thereunder and to impose the full penalty or punishment in respect of any such offence. [16C [19/99]
(a) the forms, fees and registers for the purposes of this Act; (b) the records of patients treated in a private hospital or a medical clinic, or persons for whom the facilities of a clinical laboratory or healthcare establishment are provided; (c) the records of the staff of a private hospital, medical clinic, clinical laboratory or healthcare establishment; (d) the requirements as to the number and qualifications of nursing and other staff in a private hospital, medical clinic, clinical laboratory and healthcare establishment; (e) the apparatus, appliances, equipment and instruments to be provided and maintained in a private hospital, medical clinic, clinical laboratory and healthcare establishment; (f) the ambulances to be provided and maintained by a private hospital; (g) the minimum standards of accommodation, sanitation, and other amenities in a private hospital, medical clinic or healthcare establishment; (h) the cleanliness and hygiene in a private hospital, medical clinic, clinical laboratory and healthcare establishment; (i) the safety and welfare of patients in a private hospital or medical clinic or persons for whom the facilities of a clinical laboratory or healthcare establishment are provided; (j) the management, control, superintendence and care of a private hospital, medical clinic, clinical laboratory and healthcare establishment; (k) the healthcare institutions for which quality assurance committees are required to be established, and the composition, procedures, duties and responsibilities which apply to a quality assurance committee of any healthcare institution or class of healthcare institutions. [14/2010 wef 02/01/2011]
This Legislative History is provided for the convenience of users of the Private Hospitals and Medical Clinics Act. It is not part of the Act.
Date of operation : 30 March 1987
Date of First Reading : 11 December 1979 (Bill No. 35/79 published on 17 December 1979) Date of Second Reading : 26 February 1980 Date Committed to Select Committee : Parl. 4 of 1980 presented to Parliament on 9 July 1980 Date of Third Reading : 29 July 1980 Date of commencement : 1 January 1993
Date of First Reading : 17 March 1999 (Bill No. 13/99 published on 18 March 1999) Date of Second and Third Readings : 15 April 1999 Date of commencement : 1 June 1999
Date of operation : 30 December 1999
Date of First Reading : 11 July 2001 (Bill No. 24/2001 published on 12 July 2001) Date of Second and Third Readings : 25 July 2001 Date of commencement : 1 September 2001
Date of First Reading : 5 January 2004 (Bill No. 4/2004 published on 6 January 2004) Date of Second and Third Readings : 6 February 2004 Dates of commencement : 8 March 2004
Date of First Reading : 27 February 2007 (Bill No. 9/2007 published on 27 February 2007) Date of Second and Third Readings : 12 April 2007 Date of commencement : 1 January 2008
Date of First Reading : 12 November 2007 (Bill No. 47/2007 published on 13 November 2007) Date of Second and Third Readings : 21 January 2008 Date of commencement : 1 August 2008 (Section 7)
Date of First Reading : 27 August 2007 (Bill No. 36/2007 published on 28 August 2007) Date of Second and Third Readings : 20 September 2007 Date of commencement : 1 September 2008
(Consequential amendments made by) Date of First Reading : 21 July 2008 (Bill No. 11/2008 published on 22 July 2008) Date of Second and Third Readings : 15 September 2008 Date of commencement : 1 March 2010
Date of First Reading : 19 October 2009 (Bill No. 22/2009 published on 19 October 2009) Date of Second and Third Readings : 11 January 2010 Date of commencement : 1 December 2010
Date of First Reading : 26 April 2010 (Bill No. 10/2010 published on 26 April 2010) Date of Second and Third Readings : 19 May 2010 Date of commencement : 2 January 2011
Date of First Reading : 14 April 2016 (Bill No. 15/2016 published on 14 April 2016) Date of Second and Third Readings : 9 May 2016 Date of commencement : 10 June 2016
The following provisions in the 1985 Revised Edition of the Private Hospitals and Medical Clinics Act have been renumbered by the Law Revision Commissioners in this 1999 Revised Edition. This Comparative Table is provided for the convenience of users. It is not part of the Private Hospitals and Medical Clinics Act.
