Healthcare Services Act 2020

Source: Singapore Statutes Online | Archived by Legal Wires

REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority
NO. 9]Friday, March 13 [2020
The following Act was passed by Parliament on 6 January 2020 and assented to by the President on 29 January 2020:—
Healthcare Services Act 2020

(No. 3 of 2020)

I assent.

HALIMAH YACOB,
President.
29 January 2020.
Date of Commencement: 3 January 2022 Parts 1, 2, sections 23, 24, 25, 27, 29, 30 and 31, Parts 5, 6, sections 51 to 57, 59(1), (3), (4), (5), (6), (7) and (9), 60, the First, Second and Third Schedules
Date of Commencement: 26 June 2023 Section 26, Part 4 and section 59(2)
Date of Commencement: 18 December 2023 Section 58
An Act to provide for the regulation of healthcare services and other connected or incidental matters, to repeal the Private Hospitals and Medical Clinics Act (Chapter 248 of the 1999 Revised Edition), and to make consequential and related amendments to certain other Acts.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
PART 1
PRELIMINARY
Short title and commencement
1.  This Act is the Healthcare Services Act 2020 and comes into operation on a date that the Minister appoints by notification in the Gazette.
General interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“applicant” means a person making an application;
“application”, in relation to a licence, means an application under section 10;
“approved conveyance” means any conveyance approved under section 11B to be used for the provision of a licensable healthcare service;
[Act 11 of 2023 wef 26/06/2023]
“approved permanent premises” means any permanent premises approved under section 11B to be used for the provision of a licensable healthcare service;
[Act 11 of 2023 wef 26/06/2023]
“approved specified service” means any specified service approved under section 11D;
[Act 11 of 2023 wef 26/06/2023]
“authorised officer”, for any provision of this Act, means an individual who is appointed under section 7(2) as an authorised officer for that provision;
“Clinical Governance Officer”, for a licensee, means an individual appointed under section 24(2) for that licensee;
“code of practice” means a code of practice issued or approved under section 38, and includes any code of practice as amended under that section;
“conveyance” means a vehicle, an aircraft or a vessel, that is registered under any written law, or a train in Singapore, and that is used to provide a healthcare service in Singapore;
“dentist” means an individual who is registered under the Dental Registration Act (Cap. 76) as a registered dentist and holds a valid practising certificate under that Act;
[Deleted by Act 11 of 2023 wef 01/05/2023]
“Director-General” means the Director-General of Health and includes any individual who is, for the time being, discharging the duties of the Director-General of Health;
[Act 11 of 2023 wef 01/05/2023]
“grant” or “granted”, in relation to a licence, includes —
(a)grant or granted on renewal; and
(b)deemed granted under this Act;
“key appointment holder”, in relation to an applicant or a licensee, means —
(a)if a company, limited liability partnership or other body corporate — a member of the board of directors or committee or board of trustees or other governing body of the applicant or licensee;
(b)if a partnership — a partner of the applicant or licensee; or
(c)in any other case — any person, by whatever name called, who has general management or supervision of the business of the applicant or licensee;
“licence” means a licence that is granted under this Act and that is in force;
[Deleted by Act 11 of 2023 wef 26/06/2023]
[Deleted by Act 11 of 2023 wef 26/06/2023]
“licensee” means the person to whom a licence is granted;
“medical practitioner” means an individual who is registered under the Medical Registration Act (Cap. 174) as a medical practitioner and holds a valid practising certificate under that Act;
“modification” and “modify”, in relation to the conditions of a licence, include deleting, varying and substituting a condition, and adding a condition;
“oral health therapist” means an individual who is registered under the Dental Registration Act as a registered oral health therapist and holds a valid practising certificate under that Act;
“permanent premises”, in relation to an applicant for a licence to provide a licensable healthcare service or a licensee, means any premises at which the applicant or licensee (as the case may be) intends to provide the licensable healthcare service for the entire term or remainder of the term (as the case may be) of the licence;
[Act 11 of 2023 wef 26/06/2023]
“Principal Officer”, for an applicant or a licensee, means an employee or officer of the applicant or licensee who —
(a)is involved in the day‑to‑day management of the provision of the licensable healthcare services the licensee is authorised to provide;
(b)has the capacity, on behalf of the licensee, to influence the compliance of the licensee’s officers and employees with the requirements under this Act;
(c)has access to and is authorised to provide any information relating to the licensee and the licensable healthcare services the licensee is authorised to provide that is required by or under this Act; and
(d)is authorised to represent for the purposes of this Act the licensee in providing those licensable healthcare services;
“public authority” means a body established or constituted by or under a public Act to perform or discharge a public function, but not a Town Council established under section 4 of the Town Councils Act (Cap. 329A);
“public scheme” means a scheme that is established —
(a)by or under any written law and administered by a public authority; or
(b)by the Government in any other manner,
for the purpose of providing financial relief, assistance or support to citizens or permanent residents of Singapore, or any part of them;
“remote provision”, in relation to a licensable healthcare service, means provision of the licensable healthcare service —
(a)to a patient or customer who is not physically present at the same place as any individual providing the licensable healthcare service; and
(b)involving communication through —
(i)the Internet;
(ii)the telephone or other communication device; or
(iii)any other kind of electronic or other technology for facilitating communication,
but does not include any specific system or method of communication that is prescribed to be excluded for the purposes of this paragraph;
[Act 11 of 2023 wef 26/06/2023]
“repealed Act” means the Private Hospitals and Medical Clinics Act (Cap. 248);
“section 25 licensee” has the meaning given by section 25;
[Deleted by Act 11 of 2023 wef 26/06/2023]
“service delivery mode”, in relation to a licensable healthcare service, means any of the following modes by which the licensable healthcare service is provided:
(a)at permanent premises;
(b)at any premises other than permanent premises;
(c)using a conveyance;
(d)by remote provision;
[Act 11 of 2023 wef 26/06/2023]
“specified committee” means a quality assurance committee, a service review committee or a clinical ethics committee, as the case may be;
“specified service”, in relation to a licensable healthcare service, means a service of a medical or healthcare nature prescribed under section 9A(1) as a specified service for that licensable healthcare service;
[Act 11 of 2023 wef 26/06/2023]
“step‑in operator” means a person that is appointed under section 33 to take over the operations, or a part of the operations, of a licensee.
(2)  In this Act, a healthcare service is provided using a conveyance where the healthcare service is provided in or from the conveyance, moving or otherwise.
(3)  For the purpose of determining whether or not a person is a suitable person under the Act, the Director-General must have regard, and give such weight as the Director-General considers appropriate, to all the following matters:
(a)any evidence that the person is an undischarged bankrupt or has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
(b)any prior conviction for committing (whether before, on or after the date of commencement of this section) any offence —
(i)under this Act, the repealed Act or any applicable Act;
(ii)involving fraud or dishonesty, whether or not the conviction was in a Singapore court; or
(iii)specified in the Third Schedule to the Registration of Criminals Act (Cap. 268);
(c)any evidence of the cancellation, removal or suspension (whether before, on or after the date of commencement of this section) of the person’s registration under any applicable Act for any reason;
(d)any evidence of the revocation or suspension (whether before, on or after the date of commencement of this section) of any licence granted to the person under this Act or the repealed Act.
[Act 11 of 2023 wef 01/05/2023]
(4)  To avoid doubt, the Director-General is not confined to consideration of the matters specified in subsection (3) and may take into account any other matters and evidence that may be relevant.
[Act 11 of 2023 wef 01/05/2023]
(5)  In subsection (3), “applicable Act” means any of the following Acts:
(a)the Allied Health Professions Act (Cap. 6B);
(b)the Dental Registration Act;
(c)the Medical Registration Act;
(d)the Nurses and Midwives Act (Cap. 209);
(e)the Optometrists and Opticians Act (Cap. 213A);
(f)the Pharmacists Registration Act (Cap. 230);
(g)the Traditional Chinese Medicine Practitioners Act (Cap. 333A).
Meanings of “healthcare service” and “licensable healthcare service”
3.—(1)  In this Act —
“healthcare service” means any of the following services, whether or not provided for reward:
(a)assessment, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease, disorder or an injury affecting any part of the human body or mind;
(b)nursing or rehabilitative care of an individual suffering from an ailment, a condition, disability, disease, disorder or an injury mentioned in paragraph (a);
(c)conduct of any clinical procedure to change, or that is intended to change, the appearance or anatomy of an individual;
(d)assessment of the health of an individual;
(e)any other service of a medical or healthcare nature that is prescribed;
“licensable healthcare service” means a healthcare service specified in the First Schedule.
(2)  In subsection (1), “clinical procedure” —
(a)means any procedure that only a medical practitioner, a dentist or an oral health therapist is authorised under any written law to perform and which involves any of the following:
(i)puncture of the skin to inject, deliver, implant or anchor any substance or object into the human body, or to withdraw or remove blood, fluid or tissue from the human body;
(ii)penetration of any human body orifice to deliver into or remove any substance from the body;
(iii)external application of energy to any part of the human body that is capable of causing severe or irreversible injury to the body;
(iv)chemical or mechanical exfoliation of the skin that targets below the epidermis;
(v)manipulation or modification of the dental hard or soft tissues within the oral cavity that causes, or is capable of causing, changes to such tissues; but
(b)does not include any of the following:
(i)body piercing;
(ii)body tattooing;
(iii)application of intense pulsed light.
Purpose of Act
4.  The purpose of this Act is to regulate the provision of healthcare services, including —
(a)the modes by which healthcare services are provided and the premises and conveyances used for the provision of healthcare services; and
(b)the advertisement of any healthcare service,
so as to ensure the safety and welfare of, and the general continuity of healthcare provided to, people in Singapore.
[Act 11 of 2023 wef 26/06/2023]
Government healthcare service not affected
5.  This Act does not apply to or in relation to any healthcare service provided by the Government.
Interface with other laws
6.  To avoid doubt, this Act does not affect the operation of any of the following:
(a)the Allied Health Professions Act;
(b)the Dental Registration Act;
(c)the Medical Registration Act;
(d)the Nurses and Midwives Act;
(e)the Optometrists and Opticians Act;
(f)the Pharmacists Registration Act;
(g)the Traditional Chinese Medicine Practitioners Act.
Administration of Act
7.—(1)  The Director-General of Health is, subject to the general or special directions of the Minister, responsible for the administration of this Act.
[Act 11 of 2023 wef 01/05/2023]
(2)  The Director-General may, in relation to any provision in this Act, appoint a public officer or an officer of any public authority to be an authorised officer for the purposes of that provision, either generally or in a particular case.
[Act 11 of 2023 wef 01/05/2023]
(3)  Subject to subsection (4), the Director-General may delegate the exercise of all or any of the powers conferred or duties imposed on the Director-General under this Act (except the power of appointment conferred by this section and the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act to the Director-General includes a reference to the authorised officer.
[Act 11 of 2023 wef 01/05/2023]
(4)  Any delegation under subsection (3) may be general or specific, and may be subject to any conditions or limitations that the Director-General may specify.
[Act 11 of 2023 wef 01/05/2023]
(5)  The Director-General may appoint, subject to any restrictions specified in the appointment, a suitably qualified individual who is neither a public officer nor an officer of a public authority to assist the Director-General in the administration of this Act.
[Act 11 of 2023 wef 01/05/2023]
(6)  The Director-General, every authorised officer and every individual appointed under subsection (5) are taken to be public servants for the purposes of the Penal Code (Cap. 224).
[Act 11 of 2023 wef 01/05/2023]
PART 2
LICENSING OF HEALTHCARE SERVICES
Provision of licensable healthcare service to be licensed
8.—(1)  A person must not provide a licensable healthcare service unless the person —
(a)is authorised to do so by a licence under this Act; or
(b)is exempt from this section by or under this Act in relation to that licensable healthcare service.
(2)  A person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; but
(b)if the person has any previous qualifying conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.
(3)  In subsection (2), “qualifying conviction” means —
(a)a conviction for an offence under subsection (2); or
(b)a conviction (before, on or after the date of commencement of this section) for an offence under section 5(2) of the repealed Act.
Permanent premises, conveyances and service delivery mode to be approved
9.—(1)  A licensee must not provide a licensable healthcare service —
(a)at any permanent premises in Singapore that is not an approved permanent premises for the provision of the licensable healthcare service;
(b)using any conveyance that is not an approved conveyance for the provision of the licensable healthcare service; or
(c)by any other service delivery mode that is not approved under section 11B for the provision of the licensable healthcare service.
(2)  A licensee that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —
(a)in the case of a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)if the licensee has a previous qualifying conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.
(3)  In subsection (2), “qualifying conviction” means —
(a)a conviction for an offence under subsection (2); or
(b)a conviction (whether before, on or after the date of commencement of section 4 of the Healthcare Services (Amendment) Act 2023) for an offence under —
(i)section 9(1) as in force immediately before that date; or
(ii)section 5(2) or (4)(a) of the repealed Act.
[Act 11 of 2023 wef 26/06/2023]
Specified service to be approved
9A.—(1)  The Minister may prescribe a service of a medical or healthcare nature that is part of a licensable healthcare service as a specified service for the licensable healthcare service, the provision of which would require approval by the Director-General under section 11D.
(2)  Despite holding a licence for the provision of a licensable healthcare service, a licensee must not provide any specified service for the licensable healthcare service unless the licensee is granted approval under section 11D for the provision of the specified service.
(3)  A licensee that contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction —
(a)to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)in the case of a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.
[Act 11 of 2023 wef 26/06/2023]
Application for licence
10.—(1)  Every application for the grant of a licence must be made to the Director-General in accordance with this section.
[Act 11 of 2023 wef 01/05/2023]
(2)  An application must —
(a)be in the form and manner that the Director-General requires;
[Act 11 of 2023 wef 01/05/2023]
(b)be accompanied by a non‑refundable application fee (if prescribed);
(c)include all the following particulars:
(i)the name and particulars of the applicant;
(ii)the licensable healthcare service that the applicant intends to provide or continue to provide under the authority of the licence applied for;
(iii)the business name by which the applicant intends to provide or continue to provide the licensable healthcare service;
(iv)the prescribed details of every application made by the applicant under section 11A or 11C for the approval of any permanent premises, conveyance or other service delivery mode, or specified service;
[Act 11 of 2023 wef 26/06/2023]
(v)[Deleted by Act 11 of 2023 wef 26/06/2023]
(vi)the name of the individual who is or is to be the Principal Officer;
(vii)the name of the individual or individuals who is or are or is or are to be appointed the Clinical Governance Officer or Clinical Governance Officers;
(viii)other prescribed particulars (if prescribed);
(d)be accompanied by any other information or document that the Director-General requires to decide on the application; and
[Act 11 of 2023 wef 01/05/2023]
(e)if required by the Director-General, be accompanied by a statutory declaration by the applicant verifying any information contained in or relating to the application.
[Act 11 of 2023 wef 01/05/2023]
(3)  In addition to the requirements under subsection (2), an application to renew a licence —
(a)must ordinarily be made not later than the prescribed time before the date the licence expires (called in this subsection the renewal deadline); and
(b)if made later than the renewal deadline, must be accompanied by a late renewal application fee (if prescribed).
(4)  The Director-General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of the premises at which the licensable healthcare service is to be or continue to be provided, and the conveyance, the facilities and the equipment used or to be used in connection with the licensable healthcare service.
[Act 11 of 2023 wef 01/05/2023]
[Act 11 of 2023 wef 26/06/2023]
(5)  The Director-General may refuse an application that is incomplete or otherwise not made in accordance with this section.
[Act 11 of 2023 wef 01/05/2023]
Grant or renewal of licence
11.—(1)  After considering an application for the grant of a licence, the Director-General may —
(a)on payment of a licence fee or renewal fee (if prescribed), grant the licence; or
(b)refuse to grant the licence.
[Act 11 of 2023 wef 01/05/2023]
(2)  A person may be granted more than one licence, whether for the provision of the same or a different licensable healthcare service.
(3)  In deciding whether a licence should be granted, the Director-General must have regard to, and give such weight as the Director-General considers appropriate to, all the following matters:
(a)whether the applicant is and, where necessary, the following persons are suitable persons to provide or be involved (as the case may be) in providing the licensable healthcare service to which the application relates:
(i)any key appointment holder of the applicant;
(ii)any person having a substantial interest in, or control of or direction over, the applicant’s business;
(iii)any person having control of or direction over the applicant’s operations at the premises or conveyance used, or to be used, to provide the licensable healthcare service;
(b)whether the applicant has been granted or is likely to be granted approval for at least one permanent premises, conveyance or other service delivery mode under section 11B;
[Act 11 of 2023 wef 26/06/2023]
(c)[Deleted by Act 11 of 2023 wef 26/06/2023]
(d)the likelihood of the applicant providing the licensable healthcare service to which the application relates in compliance with —
(i)the requirements of this Act and any code of practice relating to that licensable healthcare service;
(ii)any other written law applicable to the applicant relating to the provision of the licensable healthcare service in a safe and proper manner; and
(iii)the rules of any public scheme established by or under any written law —
(A)relating to the provision of the licensable healthcare service to which the application relates; and
(B)under which the applicant is accredited or of which the applicant is a participant;
(e)the applicant’s ability to provide the licensable healthcare service to all the applicant’s patients or customers in a manner that is clinically and ethically appropriate;
(f)whether the applicant —
(i)holds, or has applied for, a licence for any other licensable healthcare service; or
(ii)has made arrangements with any other licensee for the provision of the licensable healthcare service to which the application relates;
(g)whether there is any other relevant matter that makes it contrary to the public interest to grant or renew the licence.
[Act 11 of 2023 wef 01/05/2023]
(4)  To avoid doubt, the Director-General is not confined to consideration of the matters in subsection (3) and may —
(a)take into account any other matters and evidence that may be relevant; and
(b)consult any person the Director-General thinks relevant, including any advisory committee the Director-General may appoint.
[Act 11 of 2023 wef 01/05/2023]
Application for approval of permanent premises, conveyance and other service delivery mode
11A.—(1)  An application for approval of every permanent premises, conveyance or other service delivery mode by which a licensable healthcare service is or is intended to be provided must —
(a)be made to the Director-General in the form and manner that the Director-General may determine; and
(b)be accompanied by an application fee (if prescribed).
(2)  An application for approval mentioned in subsection (1) must state all of the following:
(a)every service delivery mode by which the person applying for approval intends to provide or continue to provide the licensable healthcare service;
(b)whether the person applying for approval is a licensee or an applicant for a licence;
(c)if any permanent premises are to be used or continue to be used to provide the licensable healthcare service, the address of those premises;
(d)if any conveyance is to be used or continue to be used to provide the licensable healthcare service, the registration number and other particulars, and the name and particulars of the owner, of the conveyance;
(e)other particulars or information (if prescribed);
(f)any other additional information that the Director-General requires to decide on the application in the particular case.
(3)  The Director-General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of —
(a)the permanent premises at which the licensable healthcare service is provided or intended to be provided;
(b)the conveyance used or intended to be used in connection with the licensable healthcare service; and
(c)any premises, facilities, equipment or device used or intended to be used in connection with the service delivery mode that is the subject of the application.
(4)  The Director-General may refuse to consider an application —
(a)that is incomplete or not made in accordance with this section; or
(b)where an inquiry or investigation mentioned in subsection (3) in relation to the application is refused by the applicant.
[Act 11 of 2023 wef 26/06/2023]
Grant of approval for permanent premises, conveyance or other service delivery mode
11B.—(1)  After considering any application under section 11A, the Director-General may, subject to subsection (4) —
(a)on payment of an approval fee (if prescribed), grant the approval; or
(b)refuse to grant the approval.
(2)  In determining whether an applicant should be granted an approval for any permanent premises, conveyance or other service delivery mode by which a licensable healthcare service is or is intended to be provided, the Director-General is to have regard, and give such weight as the Director-General considers appropriate, to all of the following matters:
(a)for the approval of any permanent premises or conveyance — the suitability of the permanent premises or conveyance (including the facilities and equipment in the permanent premises or conveyance), and of every process or protocol, used or intended to be used for the provision of the licensable healthcare service in the permanent premises or conveyance;
(b)for the approval of any other service delivery mode — the suitability of any premises (including the facilities and equipment in the premises), and of every process or protocol, used or intended to be used in connection with the provision of the licensable healthcare service by that service delivery mode;
(c)whether there is any other relevant matter that makes it contrary to the public interest to grant the approval.
(3)  In granting an approval under this section, the Director-General may impose conditions as the Director-General considers requisite or expedient having regard to the purposes of this Act.
(4)  An approval under this section must not be granted to any person who is not a licensee.
(5)  The Director-General must, upon granting an approval under this section, amend the licence concerned to state the permanent premises, conveyance or other service delivery mode that is approved.
(6)  An approval under this section of any permanent premises, conveyance or other service delivery mode does not entitle a licensee to provide a licensable healthcare service, or a specified service that is part of the licensable healthcare service, at those permanent premises, using that conveyance or by that other service delivery mode if doing so is prohibited under regulations made under section 57.
[Act 11 of 2023 wef 26/06/2023]
Application for approval of specified service
11C.—(1)  An application for approval to provide a specified service for a licensable healthcare service must —
(a)be made to the Director-General in the form and manner that the Director-General may determine; and
(b)be accompanied by an application fee (if prescribed).
(2)  An application for approval mentioned in subsection (1) must state all of the following:
(a)the specified service that the person intends to provide or continue to provide for the licensable healthcare service;
(b)every permanent premises, conveyance and service delivery mode by which the person intends to provide or continue to provide the specified service;
(c)whether the person applying for approval is a licensee or an applicant for a licence;
(d)other particulars or information (if prescribed);
(e)any other additional information that the Director-General requires to decide on the application in the particular case.
(3)  The Director-General may carry out any inquiries and investigations in relation to the application that are necessary for a proper consideration of the application, including inspections of any premises, conveyance, facilities, equipment or device used or to be used in connection with the specified service that is the subject of the application.
(4)  The Director-General may refuse to consider an application —
(a)that is incomplete or not made in accordance with this section; or
(b)where an inquiry or investigation mentioned in subsection (3) in relation to the application is refused by the applicant.
[Act 11 of 2023 wef 26/06/2023]
Grant of approval for specified services
11D.—(1)  After considering any application under section 11C, the Director-General may, subject to subsection (4) —
(a)on payment of an approval fee (if prescribed), grant the approval; or
(b)refuse to grant the approval.
(2)  In determining whether an applicant should be granted an approval for the provision of a specified service, the Director-General is to have regard, and give such weight as the Director-General considers appropriate, to all of the following matters:
(a)whether the applicant is and, where necessary, the following persons are suitable persons to provide or be involved (as the case may be) in providing the specified service to which the application relates:
(i)any key appointment holder of the applicant;
(ii)any person having a substantial interest in, or control of or direction over, the applicant’s business;
(iii)any person having control of or direction over the applicant’s operations in relation to the provision of the specified service;
(b)the likelihood of the applicant providing the specified service to which the application relates in compliance with —
(i)the requirements of this Act and any code of practice relating to that specified service;
(ii)any other written law applicable to the applicant relating to the provision of the specified service in a safe and proper manner; and
(iii)the rules of any public scheme established by or under any written law —
(A)relating to the provision of the specified service; and
(B)under which the applicant is accredited or of which the applicant is a participant;
(c)the applicant’s ability to provide the specified service to all of the applicant’s patients or customers in a manner that is clinically and ethically appropriate;
(d)whether there is any other relevant matter that makes it contrary to the public interest to grant the approval.
(3)  In granting an approval under this section, the Director-General may impose conditions as the Director-General considers requisite or expedient having regard to the purposes of this Act.
(4)  An approval for the provision of a specified service must not be granted to any person who is not a licensee for the licensable healthcare service that the specified service is part of.
(5)  The Director-General must, upon granting an approval under this section, amend the licence concerned to state the specified service in respect of which the approval is granted.
[Act 11 of 2023 wef 26/06/2023]
Validity of approvals under sections 11B and 11D
11E.—(1)  Every approval granted under section 11B or 11D in relation to a licence is to continue in force for such period as may be specified in the approval unless it —
(a)is earlier cancelled or suspended under section 20(3A);
(b)earlier lapses because the person to whom the approval was granted ceases to hold the licence; or
(c)earlier lapses because the person to whom the approval was granted —
(i)stops providing the licensable healthcare service at the approved permanent premises, using the approved conveyance or by the service delivery mode that was approved; or
(ii)stops providing the approved specified service,
and the Director-General has approved the person’s application under section 15(1)(a) or (b) to amend the licence in relation to the permanent premises, conveyance, service delivery mode or specified service concerned, as the case may be.
(2)  An approval granted under section 11B or 11D cannot be transferred or assigned to another person.
[Act 11 of 2023 wef 26/06/2023]
Form and validity of licence
12.—(1)  Every licence must —
(a)state the licensable healthcare service that the licensee is authorised by the licence to provide;
(b)state every approved permanent premises and approved conveyance, as the case may be;
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(ba)state every service delivery mode by which the licensee is approved under section 11B to provide the licensable healthcare service;
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(bb)state every approved specified service (if any); and
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(c)be in the form that the Director-General may determine.
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(2)  Every licence granted or renewed under this Act continues in force for the period specified in the licence, unless it is earlier revoked or suspended under section 20, and may be renewed upon its expiry.
Licence conditions
13.—(1)  In granting a licence to any person or renewing any licence, the Director-General may impose any conditions that the Director-General considers requisite or expedient having regard to the purposes of this Act.
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(2)  The Director-General may impose —
(a)conditions generally applicable to all licences;
(b)conditions specially applicable to a particular licence; or
(c)conditions applicable to a particular class of licensable healthcare service.
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(3)  Despite section 30(1)(b) and without limiting subsection (1), the Director-General may impose a condition specifying that 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 —
(a)to provide a service; or
(b)to carry out an activity,
that is not part of a licensable healthcare service, even though the provision of that service or carrying out of that activity is incidental to the provision of the licensable healthcare service.
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(4)  Without limiting subsection (1), the Director-General may grant a renewal of a licence with or without modifying the conditions of the licence, but section 14(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.
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Modifying conditions of licence
14.—(1)  Subject to this section, it is lawful for the Director-General to modify the conditions of a licence (except the condition mentioned in section 13(3)) without compensating the licensee concerned.
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(2)  Subject to subsection (5), the Director-General must, before modifying any condition of a licence, give notice to the licensee holding that licence —
(a)stating that the Director-General proposes to make the modification in the manner specified in the notice; and
(b)specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which the licensee may make written representations to the Director-General with respect to the proposed modification.
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(3)  Upon receiving any written representation mentioned in subsection (2), the Director-General must consider that representation and may —
(a)reject the representation;
(b)amend the proposed modification in any manner that the Director-General thinks fit having regard to the representation; or
(c)withdraw the proposed modification.
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(4)  Where —
(a)the Director-General rejects any written representation under subsection (3)(a);
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(b)the Director-General amends any proposed modification to the conditions of the licence under subsection (3)(b); or
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(c)no written representation is received by the Director-General within the time specified in subsection (2)(b), or any written representation made under that paragraph is subsequently withdrawn, and the licensee has not given immediate effect to the modification,
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the Director-General must issue a written direction to the licensee concerned requiring the licensee, within the time specified by the Director-General, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Director-General, as the case may be.
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(5)  Subsection (2) does not apply in relation to any modification of a licence condition that —
(a)applies to one or more classes of licensees; and
(b)is necessary to prevent or mitigate immediate or imminent harm to patient safety.
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Amendment of licence
15.—(1)  A licensee that intends to —
(a)stop providing the licensable healthcare service to which the licence relates —
(i)at any approved permanent premises;
(ii)using any approved conveyance; or
(iii)by any service delivery mode specified in the licence,
except where the approved permanent premises, approved conveyance or service delivery mode (as the case may be) is the only approved mode for the provision of the licensable healthcare service;
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(b)stop providing any approved specified service; or
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(c)amend any other particulars or information (except conditions) specified in the licence,
must apply to the Director-General to amend the licence.
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(2)  [Deleted by Act 11 of 2023 wef 26/06/2023]
(3)  An application to amend a licence under subsection (1) must be —
(a)in the form and manner that the Director-General requires;
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(b)made —
(i)no later than the prescribed time before the licensee stops providing the licensable healthcare service at the approved permanent premises, using the approved conveyance, or by the service delivery mode;
(ii)no later than the prescribed time before the licensee stops providing the approved specified service; or
(iii)before the amendment is to take effect,
as the case may be; and
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(c)accompanied by an application fee (if prescribed).
(4)  Different application fees may be prescribed in respect of different types of amendments to a licence.
(5)  In deciding whether an application under subsection (1) should be granted, the Director-General must have regard to, and give such weight as the Director-General considers appropriate to, the matters mentioned in section 11(3).
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(6)  The Director-General may, when granting approval for an application for an amendment of a licence, modify any of the conditions of the licence as the Director-General considers appropriate without compensating the licensee concerned, but section 14(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence.
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(7)  Upon approval of an application for an amendment of a licence, the Director-General must issue to the licensee a duly amended licence which replaces the original licence.
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Restriction on transfer of licence
16.—(1)  A licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless —
(a)the licence contains a condition authorising the transfer or assignment; and
(b)the Director-General consents in writing to the transfer or assignment.
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(2)  Any consent under subsection (1) may be given subject to compliance with any conditions that the Director-General thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence, but section 14(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence.
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(3)  A transfer or an assignment, or a purported transfer or assignment, of a licence, or of any rights, benefits or privileges under the licence, is void and of no effect —
(a)if the licence is not capable of transfer or assignment;
(b)if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or
(c)if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given.
Voluntary cessation of licensable healthcare service or surrender of licence
17.—(1)  A licensee must not, without giving the Director-General prior notice —
(a)wholly and permanently stop, except upon the lapsing of a licence, providing any licensable healthcare service to which the licence relates; or
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(b)for any reason surrender the licence.
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(2)  A notice under subsection (1) must be given to the Director-General not later than the prescribed time before either of the following dates:
(a)the date on which the licensee is to wholly and permanently stop providing the licensable healthcare service to which the licence relates;
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(b)the date on which the licensee intends the surrender of the licence to take place.
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(3)  No part of any licence fee, renewal fee or other fee may be refunded to the licensee upon the cessation of a licensable healthcare service or surrender of a licence under this section.
Lapse of licence
18.—(1)  Unless expired or earlier revoked under section 20, a licence lapses —
(a)if the licensee is —
(i)an individual — on the date the licensee dies; or
(ii)a partnership or body corporate or an unincorporated association — on the date the partnership, body corporate or association ceases to exist; or
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(b)on the date the last valid approval for any permanent premises, conveyance or other service delivery mode in respect of the licence is cancelled under section 20(3A).
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(2)  No part of any licence fee or other fee may be refunded to the licensee upon the lapse of a licence under this section.
Security deposit
19.—(1)  The Director-General may, upon granting a licence, require a licensee to give a performance bond, guarantee or other form of security on the terms and conditions and of the amount that the Director-General considers appropriate —
(a)to ensure that the provisions of this Act and the conditions of the licence will be duly observed; and
(b)to meet any financial penalty arising out of any proceedings under section 20 against the licensee.
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(2)  If a licensee fails to pay any financial penalty ordered under section 20, the Director-General may enforce the payment by forfeiting the whole or any part of any security deposit placed by the licensee under this section.
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Regulatory action against licensees, etc.
20.—(1)  Subject to this section and section 21, the Director-General may, without compensation, take any regulatory action described in subsection (2) against a licensee if the Director-General is satisfied that —
(a)the licence has been obtained by the licensee by fraud, or the licensee has, in connection with the application for the grant of the licence, made a statement or provided any information or document that is false, misleading or inaccurate in a material particular;
(b)the licensee is contravening or not complying with, or has contravened or failed to comply with —
(i)any condition of the licence;
(ii)any duty of a licensee under section 23(2) or (3), 24 or 25;
(iii)any other provision of this Act, the contravention of which is not an offence under this Act;
(iv)any provision of a code of practice applicable to the licensee;
(v)any direction issued to the licensee by the Director-General under this Act; or
(vi)any requirement of the Director-General under section 19 or subsection (2)(b)(iii) to give a security deposit or a direction under this section to pay a financial penalty;
(c)the licensee is no longer a suitable person to be granted a licence, having regard to the matters mentioned in section 2(3);
(d)the licensee is, or is likely to be, declared a bankrupt or has gone, or is likely to go, into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
(e)the licensee has made any assignment to, or composition with, the licensee’s creditors or, if the licensee is a company, is unable to pay its debts;
(f)the licensee, or any of the following individuals, is convicted of an offence under this Act committed during the term of the licence:
(i)where the licensee is a company, limited liability partnership or other body corporate — any member of the board of directors or committee or board of trustees or other governing body, or the chief executive, any manager, secretary or other similar officer or any person who purported to act in any such capacity;
(ii)where the licensee is a partnership — any partner of the partnership;
(g)any premises at which the licensee provides, or any conveyance the licensee uses to provide, the licensable healthcare service to which the licence relates, or any part of those premises or that conveyance, or any facilities or equipment in those premises or that conveyance, is no longer safe or suitable for use in providing that licensable healthcare service;
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(h)the licensee is unable to continue providing the licensable healthcare service to which the licence relates —
(i)in a safe manner; or
(ii)in a manner that is clinically and ethically appropriate; or
(i)the public interest so requires.
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(2)  The regulatory action that the Director-General may take against a licensee in respect of a matter mentioned in subsection (1) is as follows:
(a)with or without forfeiting any security deposit given by the licensee under this section or section 19, revoke a licence of that licensee;
(b)in lieu of paragraph (a), all or any of the following:
(i)censure the licensee in writing;
(ii)modify any condition of the licence;
(iii)require the licensee to give an additional security deposit in the form mentioned in section 19;
(iv)forfeit the whole or part of any security deposit given by the licensee under this section and section 19 but not exceeding the limit in sub‑paragraph (viii);
(v)direct the licensee to do, or refrain from doing, any thing specified in the direction, and within the period specified in the direction (if specified), to rectify a contravention or non‑compliance or prevent a recurrence of the contravention or non‑compliance;
(vi)shorten (for not longer than prescribed) the term of the licence;
(vii)suspend the licence for a period that the Director-General thinks fit;
(viii)unless a financial penalty has been imposed under subsection (3A)(b)(v) in respect of the act or omission that is the subject of the matter mentioned in subsection (1), direct the licensee to pay, within a period specified, a financial penalty of the amount that the Director-General thinks fit, being —
(A)not more than $10,000 for each contravention or non‑compliance mentioned in subsection (1)(b) that is the subject; or
(B)in any other case, not more than $10,000.
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(3)  Subject to this section and section 21, the Director-General may, without compensation, take any regulatory action described in subsection (3A) against a licensee who is granted an approval for a specified service, permanent premises, conveyance or service delivery mode if the Director-General is satisfied that —
(a)the licensee is contravening or not complying with, or has contravened or failed to comply with —
(i)any condition of the approval;
(ii)any other provision of this Act relating to the specified service, permanent premises, conveyance or service delivery mode, the contravention of which is not an offence under this Act;
(iii)any provision of a code of practice applicable to the licensee in relation to the specified service, permanent premises, conveyance or service delivery mode; or
(iv)any direction issued to the licensee by the Director-General under this Act in relation to the specified service, permanent premises, conveyance or service delivery mode;
(b)in the case of an approval for a specified service — any premises at which the licensee provides, or any conveyance the licensee uses to provide, the specified service, or any part of those premises or that conveyance, or any facilities, process, protocol or equipment in those premises or that conveyance, is no longer safe or suitable for use in providing that specified service; or
(c)in the case of an approval for permanent premises, a conveyance or a service delivery mode — any premises, conveyance, facilities, process, protocol or equipment used in connection with the permanent premises, conveyance or service delivery mode is no longer safe or suitable for the provision of the licensable healthcare service.
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(3A)  The regulatory action that the Director-General may take against a licensee in respect of a matter mentioned in subsection (3) is as follows:
(a)cancel the approval for the specified service, permanent premises, conveyance or service delivery mode;
(b)in lieu of paragraph (a), all or any of the following:
(i)censure the licensee in writing;
(ii)modify any condition of the approval;
(iii)direct the licensee to do, or refrain from doing, any thing specified in the direction, and within the period specified in the direction (if specified), to rectify a contravention or non‑compliance or prevent a recurrence of the contravention or non‑compliance;
(iv)suspend the approval for a period that the Director-General thinks fit;
(v)unless a financial penalty has been imposed under subsection (2)(b)(viii) in respect of the act or omission that is the subject of the matter mentioned in subsection (3), direct the licensee to pay, within a period specified, a financial penalty of the amount that the Director-General thinks fit, being —
(A)not more than $10,000 for each contravention or non‑compliance mentioned in subsection (3) that is the subject; or
(B)in any other case, not more than $10,000.
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(4)  For the purposes of subsection (1)(e), a company is unable to pay its debts if it is a company which is deemed to be so unable under any written law relating to the insolvency of companies.
(5)  In any proceedings under this section in relation to the conviction of any person for an offence, the Director-General must accept the person’s conviction as final.
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Procedure for regulatory action against licensees, etc.
21.—(1)  Before exercising any power under section 20, the Director-General must give notice to the licensee concerned —
(a)stating that the Director-General intends to take regulatory action against the licensee under section 20;
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(b)specifying the type of regulatory action in section 20(2) or (3A) the Director-General proposes to take, and each instance of contravention or non-compliance that is the subject of the proposed action or the reason or reasons for the proposed regulatory action; and
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(c)specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director-General with respect to the proposed regulatory action.
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(2)  The Director-General may decide to take the appropriate regulatory action in section 20(2) or (3A) —
(a)after considering any written representation made to the Director-General pursuant to the notice mentioned in subsection (1); or
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(b)after the time specified in the notice under subsection (1)(c), where no representation is so made or any written representation made is subsequently withdrawn.
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(3)  However, subsection (2) does not apply where the licensee has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.
(4)  Where the Director-General decides under section 20(2) or (3A) to take regulatory action against a licensee, the Director-General must serve on the licensee a notice of the decision.
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(5)  A decision by the Director-General under section 20(2) or (3A) takes effect only when the Director-General serves the notice in subsection (4) on the licensee concerned, or on a later date specified in the notice.
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(6)  Any revocation, or shortening of the term, of any licence, or any direction issued under this section, does not affect —
(a)the enforcement by any person of any right or claim against the licensee or former licensee, as the case may be; or
(b)the enforcement by the licensee or former licensee (as the case may be) of any right or claim against any person.
(7)  Where any financial penalty is imposed on a licensee under section 20(2)(b)(viii) or (3A)(b)(v) for contravening or not complying with any matter in section 20(1)(b) or (3)(a), any security deposit given by the licensee under section 19 or 20(2)(b)(iii) to secure compliance by the licensee with the matter must not be forfeited by the Director-General for that contravention or non‑compliance except to the extent necessary to pay the financial penalty.
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(8)  A licensee that fails to pay any amount of a financial penalty imposed under section 20(2)(b)(viii) or (3A)(b)(v) within the period specified for payment by the Director-General under that sub‑paragraph is liable to pay interest at the same rate as for a judgment debt on the unpaid amount.
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(9)  If the financial penalty imposed under section 20(2)(b)(viii) or (3A)(b)(v) in relation to any regulatory action taken by the Director-General exceeds the total amount of the security deposit placed by the licensee under sections 19 and 20(2)(b)(iii), the amount of the excess is a debt due to the Government.
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(10)  All financial penalties collected under section 20 must be paid into the Consolidated Fund.
Register of licensees
22.  The Director-General must cause to be kept and maintained a register of licensees in the form and manner and containing the information that the Director-General thinks fit.
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PART 3
SPECIAL DUTIES OF LICENSEES
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
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(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.
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(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.
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(4)  A notification under subsection (3) must be made in the form and manner that the Director-General requires.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(5)  Every licensee must, within the prescribed period, notify the Director-General of the appointment in subsection (1), and any change in the appointment.
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(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.
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(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.
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(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]
 

Archived for legal research. Authoritative version at sso.agc.gov.sg.