PART 7 | Confidentiality of information, etc. |
| 51.—(1) Except in criminal proceedings for an offence under this Act, the Director-General and an authorised officer are not compellable in any proceedings to give evidence in respect of, or to produce, any document, information, electronic material or data storage device which has been obtained from any licensee or any other person in the course of carrying out any investigation or performing any duty or function under this Act. [Act 11 of 2023 wef 01/05/2023] (2) The Director-General and an authorised officer must not disclose any medical information contained in the medical record of any individual, or information relating to the condition, treatment or diagnosis of any individual, that has come to the knowledge of the Director-General or authorised officer in the course of carrying out any investigation or performing any duty or function under this Act, unless the disclosure is made —| (a) | under or for the purpose of administering and enforcing —| (i) | this Act; | | (ii) | the CareShield Life and Long‑Term Care Act 2019 (Act 26 of 2019); | | (iii) | the Health Products Act (Cap. 122D); | | (iv) | the Human Biomedical Research Act 2015 (Act 29 of 2015); | | (v) | the Human Organ Transplant Act (Cap. 131A); | | (vi) | the Infectious Diseases Act (Cap. 137); | | (vii) | the Medical and Elderly Care Endowment Schemes Act (Cap. 173A); | | (viii) | the Medicines Act (Cap. 176); | | (ix) | the MediShield Life Scheme Act 2015 (Act 4 of 2015); | | (x) | the National Registry of Diseases Act (Cap. 201B); | | (xi) | the Termination of Pregnancy Act (Cap. 324); or | | (xii) | the Voluntary Sterilization Act (Cap. 347); |
| | (b) | for the purpose of making a complaint or providing information —| (i) | under Part V of the Allied Health Professions Act; | | (ii) | under Part V of the Dental Registration Act; | | (iii) | under Part 7 of the Medical Registration Act; | | (iv) | in respect of the matters in section 37(1) of the Nurses and Midwives Act; | | (v) | in respect of the matters in section 20(3) of the Optometrists and Opticians Act; | | (vi) | under Part VI of the Pharmacists Registration Act; or | | (vii) | under Part IVA of the Traditional Chinese Medicine Practitioners Act; or |
| | (c) | for any other purpose with the consent of the person to whom the information relates or the representative of that person. [Act 11 of 2023 wef 01/05/2023] |
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(3) Subject to subsection (4), an individual who is or was a member of a quality assurance committee appointed by a section 25 licensee is not competent or compellable —| (a) | to produce before any court, tribunal, board or person any document in that individual’s possession or under that individual’s 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 that individual’s knowledge as a member of the quality assurance committee. |
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| (4) Subsection (3) does not apply to a requirement made by any court, tribunal, board or person for the production of any document or the disclosure of any information in proceedings in respect of any act or omission by a quality assurance committee or by an individual as a member of a quality assurance committee, unless the Director-General directs otherwise. [Act 11 of 2023 wef 01/05/2023] |
| (5) A finding or recommendation by a quality assurance committee as to the need for change or improvement in relation to any licensable healthcare service provided, or any practice or procedure carried out, by the section 25 licensee that appointed the quality assurance committee is not admissible in any proceedings as evidence that the licensable healthcare service, practice or procedure (as the case may be) is or was inappropriate or inadequate. |
(6) In this section —| “medical information” means information about an individual that relates to the assessment, diagnosis, treatment, prevention or alleviation of an ailment, a condition, disability, disease or disorder or an injury affecting any part of the human body or mind; |
“representative” —| (a) | in relation to a deceased person, means his or her executor, administrator or next‑of‑kin; | | (b) | in relation to an infant, means one of his or her parents or his or her guardian; and | | (c) | in relation to a person (P) 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 P under the Mental Capacity Act, and under which P confers on the donee authority to consent on P’s behalf to the disclosure; or | | (ii) | a deputy who is appointed or deemed to be appointed for P by the court under the Mental Capacity Act, and who is conferred power to consent on P’s behalf to the disclosure. |
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52.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —| (a) | by giving it to the individual personally; | | (b) | by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; | | (c) | by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; | | (d) | by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; | | (e) | by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or | | (f) | by sending it by email to the individual’s last email address. |
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(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —| (a) | by giving it to any partner or other similar officer of the partnership; | | (b) | by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; | | (c) | by sending it by fax to the fax number used at the partnership’s business address; or | | (d) | by sending it by email to the partnership’s last email address. |
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(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) may be served —| (a) | by giving it to the body corporate’s secretary or other similar officer, or the limited liability partnership’s manager; | | (b) | by leaving it at, or by sending it by prepaid registered post to, the body corporate’s registered office or principal office in Singapore; | | (c) | by sending it by fax to the fax number used at the body corporate’s registered office or principal office in Singapore; or | | (d) | by sending it by email to the body corporate’s last email address. |
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(5) Service of a document under this section takes effect —| (a) | if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; | | (b) | if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom the document is sent; and | | (c) | if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). |
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| (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior consent (express or implied) to service in that way. |
| (7) This section does not apply to documents to be served in proceedings in court. |
(8) In this section —“business address” means —| (a) | in the case of an individual, the individual’s usual or last known place of business, or place of employment, in Singapore; or | | (b) | in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; |
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| “document” includes a notice or an order permitted or required by this Act to be served; |
“last email address” means —| (a) | the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or | | (b) | the last email address of the addressee concerned known to the person giving or serving the document; |
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| “residential address” means an individual’s usual or last known place of residence in Singapore. |
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| 53. The Minister may, by order in the Gazette, exempt any person, premises or conveyance or any class of persons, premises or conveyances, from all or any of the provisions of this Act, either generally or in a particular case and subject to any conditions that the Minister may impose. |
| 54. Despite the Criminal Procedure Code, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment for any such offence. |
| Protection from personal liability |
55. No liability shall lie personally against —| (a) | the Director-General; [Act 11 of 2023 wef 01/05/2023] | | (b) | any authorised officer; | | (c) | any individual appointed under section 7(5) to assist the Director-General in the administration of this Act; [Act 11 of 2023 wef 01/05/2023] | | (d) | any member of any quality assurance committee appointed by a section 25 licensee or any person acting under the direction of such a member; or | | (e) | any member of an Appeal Advisory Board appointed by the Minister under section 49, |
| who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. |
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56.—(1) The Minister may, by order in the Gazette, amend the First or Second Schedule.| (2) In making an order under subsection (1), the Minister may include provisions of a saving or transitional nature consequent on the enactment of the order as the Minister may consider necessary or expedient. |
| (3) In particular, the Minister may, in making an order under subsection (1) in relation to the Second Schedule, provide for different appointed days for different licensable healthcare services provided in private hospitals, medical clinics, clinical laboratories or healthcare establishments within the meaning given by section 2 of the repealed Act. |
| (4) For the purposes of this Act, “appointed day”, for a licensable healthcare service provided in a private hospital, medical clinic, clinical laboratory or healthcare establishment within the meaning given by section 2 of the repealed Act, means a date that licensable healthcare service is specified in the First Schedule. |
| (5) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette. |
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57.—(1) The Minister may make regulations for carrying out or giving effect to this Act.(2) In particular, the Minister may make regulations for any of the following:| (a) | the duties and responsibilities of licensees; | | (aa) | the service delivery modes or the types of premises or conveyances that are not permitted for the provision of a licensable healthcare service or specified service; [Act 11 of 2023 wef 26/06/2023] | | (ab) | the requirements that apply to the provision of any licensable healthcare service at any permanent premises, using any conveyance or by any other service delivery mode; [Act 11 of 2023 wef 26/06/2023] | | (ac) | the prerequisites for applying for an approval under section 11C; [Act 11 of 2023 wef 26/06/2023] | | (b) | the form and manner in which an application for or in relation to any licence or approval under this Act may be made, and the information and documents required to be provided in connection with such an application; [Act 11 of 2023 wef 26/06/2023] | | (c) | the fees to be paid in respect of applications for and the grant (including the late renewal) of any licence or approval, and otherwise in connection with the administration of this Act, and the waiver, reduction or refund of fees charged; | | (d) | the records of patients, customers and staff that licensees must keep and maintain and the provision of returns and other information with respect to the provision of licensable healthcare services; | | (e) | the requirements as to the number and qualifications of nursing and other staff to be employed by licensees; | | (f) | the apparatus, appliances, equipment and instruments to be provided and maintained by licensees; | | (g) | the requirements as to the emergency ambulances and medical transports used by licensees for the provision of licensable healthcare services, and the apparatus, appliances, equipment and instruments the emergency ambulances and medical transports are equipped with; | | (h) | the minimum standards of accommodation, sanitisation and other amenities to be provided by licensees; | | (i) | the standards of cleanliness and hygiene to be observed, and infection control measures to be undertaken, by licensees; | | (j) | the safety and welfare of patients and customers of licensees, and the quality of care and continuity of care to be provided by licensees for their patients and customers; | | (k) | the management, control, superintendence and care of the facilities and services provided by licensees; | | (l) | the skills, competencies, functions and duties of the key appointment holders of licensees; | | (m) | the minimum qualifications, functions, duties and responsibilities of the Principal Officer and Clinical Governance Officers of licensees; | | (n) | the specified committees that section 25 licensees are required to appoint, including —| (i) | the functions and duties of any specified committee; | | (ii) | the licensable healthcare services, or the programmes or activities relating to the provision of any licensable healthcare service, for which any specified committee is appointed; and | | (iii) | the composition and procedures of and responsibilities that apply to any specified committee, including —| (A) | the disclosure and treatment of conflicts of interest or potential conflicts of interest of a member of that committee; | | (B) | the appointment of any person to oversee or supervise the activities of that committee in the performance of that committee’s functions and duties; and | | (C) | the keeping and maintenance of records, for the period and in the manner prescribed, relating to any activity, finding or recommendation of that committee, and the implementation of any such recommendation by the section 25 licensee that appointed that committee; |
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| | (o) | the duties of section 25 licensees in relation to any recommendations of any specified committee appointed by those licensees, including the taking of any corrective actions to implement those recommendations and the keeping and maintenance of records relating to those corrective actions; | | (p) | the records in relation to any matter that is relevant to monitoring or evaluating any aspect of any licensable healthcare service or the provision of any licensable healthcare service, including the safeguards that licensees must implement to protect those records, 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; |
| | (q) | the service standards and other requirements or conditions that apply to the provision of licensable healthcare services; | | (r) | the measures licensees must take to promote or facilitate price transparency for patients and customers, including requirements for bill itemisation, financial counselling and display of fees chargeable; | | (s) | the requirements for advertisements of licensable healthcare services relating to the media those advertisements appear in, and the content and form of those advertisements; | | (t) | the manner in which appeals may be made to the Minister under this Act and the procedure for those appeals; | | (u) | all matters and things required or permitted to be prescribed under or for the purposes of this Act. |
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(3) The regulations made under this section may —| (a) | prescribe different requirements for different licensable healthcare services; | | (aa) | prescribe different requirements for different service delivery modes; [Act 11 of 2023 wef 26/06/2023] | | (b) | prescribe different fees for different licensable healthcare services; | | (c) | prescribe for different section 25 licensees to appoint different specified committees; | | (d) | prescribe the offences under this Act that may be compounded; and | | (e) | provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. |
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| Repeal of Private Hospitals and Medical Clinics Act |
| 58. The Private Hospitals and Medical Clinics Act (Cap. 248) is repealed. |
| Consequential and related amendments to other Acts |
59.—(1) Section 2(1) of the CareShield Life and Long‑Term Care Act 2019 (Act 26 of 2019) is amended by inserting, immediately after the words “Private Hospitals and Medical Clinics Act (Cap. 248)” in paragraph (a) of the definition of “healthcare institution”, the words “or a provider of licensable healthcare services licensed under the Healthcare Services Act 2020”.(2) The Criminal Procedure Code (Cap. 68, 2012 Ed.) is amended —| (a) | by inserting, immediately after the words “Private Hospitals and Medical Clinics Act (Cap. 248)” in sections 247(7)(a), 249(4)(a), 252(4)(a) and 255(4)(a), the words “or in respect of which a licence is granted under the Healthcare Services Act 2020”; and | | (b) | by inserting, immediately after the words “the Private Hospitals and Medical Clinics Act” in sections 249(15)(a), 252(12)(a) and 255(11)(a), the words “or in respect of which a licence is granted under the Healthcare Services Act 2020”. |
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(3) Section 2 of the Human Biomedical Research Act 2015 (Act 29 of 2015) is amended by deleting the word “or” at the end of paragraph (a) of the definition of “healthcare institution”, and by inserting immediately thereafter the following paragraph:| “(aa) | the holder of a licence granted under the Healthcare Services Act 2020 which specifies any premises or conveyance; or”. |
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(4) Section 2 of the Human Organ Transplant Act (Cap. 131A, 2012 Ed.) is amended by deleting the definition of “licensee” and substituting the following definition:“ “licensee”, in relation to a hospital, means a person —| (a) | to whom a licence has been issued under the Private Hospitals and Medical Clinics Act (Cap. 248) in respect of the hospital; or | | (b) | who is authorised to provide an acute hospital service under a licence granted under the Healthcare Services Act 2020;”. |
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| (5) Section 10(1) of the Infectious Diseases Act (Cap. 137, 2003 Ed.) is amended by inserting, immediately after the words “healthcare establishment” in paragraph (b), the words “or holder of a licence granted under the Healthcare Services Act 2020”. |
(6) Section 25(1) of the Medical and Elderly Care Endowment Schemes Act (Cap. 173A, 2001 Ed.) is amended by inserting, immediately after paragraph (c), the following paragraphs:| “(ca) | where the organisation is the holder of a licence granted under the Healthcare Services Act 2020, the licence is revoked or suspended or otherwise ceases to be in force; | | (cb) | where the premises at which approved services are provided are licensed premises within the meaning given by section 2(1) of the Healthcare Services Act 2020, the organisation’s licence under that Act in relation to those premises is revoked or suspended or otherwise ceases to be in force;”. |
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(7) Section 2 of the National Registry of Diseases Act (Cap. 201B, 2008 Ed.) is amended —| (a) | by deleting the word “or” at the end of paragraph (a) of the definition of “healthcare institution”, and by inserting immediately thereafter the following paragraph:| “(aa) | any premises or conveyance specified in a licence granted under the Healthcare Services Act 2020; or”; and |
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| | (b) | by deleting the word “person” in the definition of “manager” and substituting the word “individual”. |
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| (8) [Deleted by Act 31 of 2022 wef 01/11/2022] |
(9) Section 2 of the Voluntary Sterilization Act (Cap. 347, 2013 Ed.) is amended —| (a) | by inserting, immediately after paragraph (a) of the definition of “health institution”, the following paragraph:| “(aa) | any premises specified in a licence granted under the Healthcare Services Act 2020 authorising the holder of the licence to provide an acute hospital service;”; |
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| | (b) | by deleting the word “or” at the end of paragraph (b) of the definition of “health institution”, and by inserting immediately thereafter the following paragraph:| “(ba) | any premises specified in a licence granted under the Healthcare Services Act 2020 authorising the holder of the licence to provide an ambulatory surgical centre service; or”; and |
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| | (c) | by deleting the definition of “specialist medical clinic” and substituting the following definition:“ “specialist medical clinic” means either of the following where a registered medical practitioner who is registered under section 22 of the Medical Registration Act as a specialist in any prescribed branch of medicine works:| (a) | a medical clinic that is licensed under the Private Hospitals and Medical Clinics Act; | | (b) | any premises specified in a licence granted under the Healthcare Services Act 2020 authorising the holder of the licence to provide a medical clinic service;”. |
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| Saving and transitional provisions |
60.—(1) Subject to the adaptations provided in the Third Schedule, this Act applies to and in relation to —| (a) | the provision of any licensable healthcare service in any premises or conveyance as a private hospital, medical clinic, clinical laboratory or healthcare establishment authorised by a licence under the repealed Act that —| (i) | is issued before the appointed day for that licensable healthcare service; and | | (ii) | is in force immediately before that appointed day; and |
| | (b) | every application under the repealed Act for the grant of a licence under the repealed Act to use any premises or conveyance as a private hospital, medical clinic, clinical laboratory or healthcare establishment which is pending on the day immediately before the appointed day for private hospitals, medical clinics, clinical laboratories or healthcare establishments, as the case may be. |
| (2) For a period of 2 years after the date of commencement of this section, the Minister may, by regulations, prescribe any additional provisions of a saving or transitional nature consequent on the enactment of this section that the Minister may consider necessary or expedient. |
| (3) Nothing in this section or the Third Schedule affects section 16 of the Interpretation Act (Cap. 1). |
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