Private Hospitals and Medical Clinics Act 1980

Private Hospitals and
Medical Clinics Act 1980

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for the control, licensing and inspection of private hospitals, medical clinics, clinical laboratories and healthcare establishments, and for purposes connected therewith.

[6/2004]

[1 January 1993]

Short title

1. This Act is the Private Hospitals and Medical Clinics Act 1980.

Interpretation

2. In this Act, unless the context otherwise requires —

“authorised officer” means —

(a)	any public officer appointed by the Director under section 3(2) to perform the duties and exercise the powers of the Director under this Act or any regulations made under this Act; and
(b)	any person authorised by the Director under section 3(3) to assist in the administration of this Act;

“clinical laboratory” means any premises used or intended to be used for any type of examination of the human body or of any matter derived from the human body for the purpose of providing information for the diagnosis, prevention or treatment of any disease or for the assessment of the health of any person, or for ascertaining the cause of death or the result of any medical or surgical treatment given to any person, but does not include any such premises —

(a)	which are maintained by the Government or the National University of Singapore;
(b)	which form part of the premises of a licensed private hospital; or
(c)	which are maintained by a medical practitioner or dentist as part of his or her medical clinic for the exclusive use of his or her practice;

“dentist” means a person who is duly registered under the Dental Registration Act 1999;

“Director” means the Director of Medical Services;

“healthcare establishment” means any premises or conveyance —

(a)	which is used or intended to be used for the provision of any service, or for carrying out any practice or procedure, that is related to the diagnosis, treatment or care of persons suffering from any disease, injury or disability; and
(b)	which is declared by the Minister, by order in the Gazette, to be a healthcare establishment for the purposes of this Act,

but does not include a private hospital, medical clinic or clinical laboratory or part thereof, or an establishment or conveyance maintained by the Government or the National University of Singapore;

“healthcare institution” means a clinical laboratory, a healthcare establishment, a medical clinic or a private hospital;

“licence” means a licence issued under this Act to use any premises or conveyance as a private hospital, medical clinic, clinical laboratory or healthcare establishment, and “licensed” is to be construed accordingly;

“maternity home” means any premises used or intended to be used for the reception of pregnant women or of women immediately after childbirth;

“medical clinic” means any premises used or intended to be used by a medical practitioner, a dentist or any other person —

(a)	for the diagnosis or treatment of persons suffering from, or believed to be suffering from, any disease, injury or disability of mind or body; or
(b)	for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device requiring the use of electricity, heat or light,

but does not include any such premises —

(c)	which are maintained by the Government or the National University of Singapore; or
(d)	which form part of the premises of a licensed private hospital;

“medical practitioner” means a person who is duly registered under the Medical Registration Act 1997;

“nursing home” means any premises other than a maternity home used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity;

“private hospital” means any premises used or intended to be used for the reception, lodging and treatment and care of persons who require medical treatment or suffer from any disease, and includes a maternity home and a nursing home.

[26/2001; 22/2007; 14/2010]

Administration of Act and appointment of officers, etc.

3.—(1) The Director is, subject to the general or special directions of the Minister, responsible for the administration of this Act.

(2) The Director may, in writing, appoint any public officer to perform all duties imposed and exercise all powers conferred on the Director by this Act or any regulations made under this Act, subject to such conditions and limitations as the Director may specify.

(3) The Director may, in writing, authorise any other person to assist in the administration of this Act.

(4) The Director and every authorised officer are deemed to be public servants within the meaning of the Penal Code 1871.

(5) The Minister may establish one or more advisory committees consisting of such persons as the Minister may appoint for the purpose of advising on such matters arising out of the administration of this Act as are referred to them by the Minister or the Director.

4. [Repealed by Act 6 of 2004]

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

5.—(1) Any premises or conveyance must not be used as a private hospital, medical clinic, clinical laboratory or healthcare establishment except under the authority and in accordance with the terms and conditions of a licence issued by the Director.

[26/2001]

(2) If a private hospital, medical clinic, clinical laboratory or healthcare establishment is not licensed or is used otherwise than in accordance with the terms and conditions of its licence, every person having the management or control thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

(3) The Director may order the person having the management or control of any unlicensed private hospital, medical clinic, clinical laboratory or healthcare establishment to close that private hospital, medical clinic, clinical laboratory or healthcare establishment either forthwith or within the time that the Director specifies.

(4) If the person to whom an order is given under subsection (3) fails to comply with the order —

(a)	the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and
(b)	the Director may take such measures as the Director thinks necessary to secure the closure of the unlicensed private hospital, medical clinic, clinical laboratory or healthcare establishment.

Application for issue and renewal of licences

6.—(1) An application for a licence must be made to the Director in the prescribed form and must be accompanied by —

(a)	the prescribed fee;
(b)	any particulars, information and documents that may be specified by the Director; and
(c)	if required by the Director, a statutory declaration by the applicant verifying any information contained in or relating to the application.

(2) On receipt of an application under subsection (1), the Director may —

(a)	issue the licence applied for subject to such terms and conditions as the Director thinks fit to impose; or
(b)	refuse to issue the licence applied for.

(3) In determining whether to issue or refuse to issue a licence, the Director must have regard to —

(a)	the character and fitness of the applicant to be issued with a licence or, where the applicant is a body corporate, the character and fitness of the members of the board of directors or committee or board of trustees or other governing body of the body corporate;
(b)	the ability of the applicant to operate and maintain a private hospital, medical clinic, clinical laboratory or healthcare establishment (as the case may be) in accordance with the prescribed standards;
(c)	the suitability of the premises or conveyance (including the facilities and equipment in the premises or conveyance) to be licensed for use as a private hospital, medical clinic, clinical laboratory or healthcare establishment, as the case may be; and
(d)	the adequacy of the nursing and other staff that is to be employed at the premises or conveyance to be licensed. [26/2001]

(4) For the purpose of subsection (3), the Director, before issuing the licence applied for, may —

(a)

inspect the premises or conveyance to be licensed, or cause such premises or conveyance to be inspected by an authorised officer; and

(b)

require the applicant at the applicant’s own expense —

(i)	to make such alteration or improvement to the premises or conveyance to be licensed; or
(ii)	to provide, fix or install such facilities and equipment in the premises or conveyance,

as the Director may specify.

[26/2001]

(5) The Director may, at any time, vary or revoke any of the existing terms or conditions imposed under subsection (2)(a) or impose new terms and conditions.

(6) Every licence issued under this section —

(a)	must be in the form that the Director determines;
(b)	is valid for the period stated in the licence unless it is sooner revoked under section 9; and
(c)	may be renewed upon its expiry.

(7) Subsections (1) to (6) apply, with the necessary modifications, to an application for the renewal of a licence.

Kinds of licensed private hospitals

7.—(1) Every licensed private hospital must, according to the tenor of the licence issued in respect of the private hospital, be of one of the following kinds:

(a)	a maternity hospital;
(b)	a medical hospital;
(c)	a surgical hospital;
(d)	a psychiatric hospital;
(e)	a convalescent hospital;
(f)	a children’s hospital;
(g)	a hospital licensed for any 2 or more of the abovementioned purposes;
(h)	any other kind of hospital that the Minister may, by notification in the Gazette, specify.

(2) Every licence to use any premises as a private hospital must specify the kind of private hospital for which it is issued, and the purposes for which the licensed private hospital may be maintained.

(3) A licensed private hospital must not be used for any purpose other than the purposes in respect of which the licence is issued, and purposes reasonably incidental thereto.

(4) If a licensed private hospital is used in any manner contrary to subsection (3), the licensee and the person or body responsible for the management of the licensed private hospital shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

(5) The Director may, on an application in writing by a licensee of a private hospital, vary the terms or conditions of the licence, by endorsement on the licence or otherwise in writing, by altering, in the manner that the Director thinks fit, the kind of private hospital for which the licence is in force, or the purpose or purposes for which the licensed private hospital may be maintained.

8. The Director must cause to be kept and maintained a register of all licensed private hospitals, medical clinics, clinical laboratories and healthcare establishments.

Suspension and revocation of licences

9.—(1) The Director may suspend or revoke a licence if —

(a)

the issue of the licence has been obtained by fraud or misrepresentation;

(b)

the person to whom the licence has been issued is contravening or has contravened or failed to comply with —

(i)	any of the provisions of this Act or any regulations made under this Act;
(ii)	any term or condition of the person’s licence; or
(iii)	any direction given to the person by the Director or an authorised officer under this Act or any regulations made under this Act;

(c)

the Director is no longer satisfied as to any of the matters specified in section 6(3);

(d)

the private hospital, medical clinic, clinical laboratory or healthcare establishment in respect of which the licence was issued has ceased to operate as such; or

(e)

it is in the public interest to do so.

(2) Before suspending or revoking the licence under subsection (1), the Director must —

(a)	give to the holder of the licence written notice of the Director’s intention to do so; and
(b)	in such notice, call upon the holder of the licence to show cause within the time specified in the notice as to why the holder’s licence should not be suspended or revoked.

(3) If the holder of the licence —

(a)	fails to show cause within the period of time given to the holder of the licence or any extended period of time that the Director allows; or
(b)	fails to show sufficient cause,

as to why the holder’s licence should not be suspended or revoked, the Director must give written notice to the holder of the licence of the date from which the suspension or revocation of the holder’s licence is to take effect.

Appeal

10.—(1) Any person who is aggrieved by —

(a)	the refusal of the Director to issue or renew a licence under section 6; or
(b)	the decision of the Director to suspend or revoke a licence under section 9,

may, within 21 days of the date of receipt of the notice informing the person of the refusal, suspension or revocation (as the case may be) appeal in writing to the Minister whose decision is final.

(2) Before making a decision under subsection (1), the Minister must refer the matter to an advisory committee consisting of —

(a)	in the case of an appeal by a medical practitioner relating to his or her medical clinic, 3 members of the Medical Council established under the Medical Registration Act 1997 as the Council may designate; and
(b)	in the case of an appeal by a dentist relating to his or her medical clinic, 3 members of the Singapore Dental Council established under the Dental Registration Act 1999 as the Council may designate,

and in making his or her decision, the Minister must have regard to any report made to him or her by the advisory committee.

[22/2007]

Quality assurance committees

11.—(1) The licensee of a prescribed healthcare institution must, in accordance with such prescribed requirements as may apply to that healthcare institution, establish one or more quality assurance committees to —

(a)	monitor and evaluate the quality and appropriateness of the services provided and the practices and procedures carried out at the prescribed healthcare institution;
(b)	identify and resolve problems that may have arisen in connection with any service provided or any practice or procedure carried out at the prescribed healthcare institution;
(c)	make recommendations to improve the quality of the services provided and the practices and procedures carried out at the prescribed healthcare institution; and
(d)	monitor the implementation of the recommendations made under paragraph (c). [14/2010]

(2) The licensee of a prescribed healthcare institution must report to the Director the activities, findings and recommendations of each quality assurance committee of the prescribed healthcare institution as and when required by the Director.

[14/2010]

(3) A person who is or was a member of a quality assurance committee is neither competent nor compellable —

(a)	to produce before any court, tribunal, board or person any document in his or her possession or under his or her control that was created by, at the request of or solely for the purpose of the quality assurance committee; or
(b)	to disclose to any court, tribunal, board or person any information that has come to his or her knowledge as a member of the quality assurance committee.

(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 a person as a member of a quality assurance committee, unless the Director directs otherwise.

(5) A finding or recommendation by a quality assurance committee as to the need for changes or improvements in relation to any service provided or any practice or procedure carried out at a prescribed healthcare institution is not admissible in any proceedings as evidence that the service, practice or procedure is or was inappropriate or inadequate.

[14/2010]

(6) Anything done by a quality assurance committee, a member of a quality assurance committee or any person acting under the direction of a quality assurance committee in good faith for the purposes of the exercise of the quality assurance committee’s functions, does not subject such a member or person personally to any action, liability, claim or demand.

(7) Without limiting subsection (6), a member of a quality assurance committee has qualified privilege in proceedings for defamation in respect of —

(a)	any statement made orally or in writing in the exercise of the functions of a member; or
(b)	the contents of any report or other information published by the quality assurance committee.

Powers of entry, inspection, search, seizure, etc.

12.—(1) The Director or an authorised officer may, at any time and without warrant, enter, inspect and search any premises which is being used, or which he or she has reasonable cause to believe is being used, as a private hospital, medical clinic, clinical laboratory or healthcare establishment in order to —

(a)	investigate whether this Act or any regulations made under this Act has been or is being contravened; or
(b)	assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out at the private hospital, medical clinic, clinical laboratory or healthcare establishment.

(2) For the purposes of subsection (1), the Director or authorised officer may —

(a)	inspect any apparatus, appliance, equipment or instrument used or found in the private hospital, medical clinic, clinical laboratory or healthcare establishment;
(b)	inspect, test, examine, take, remove and detain samples of blood, blood products, human tissue or fluid or any product of the human body, dialysate, chemicals, pharmaceuticals or any other substance found in the private hospital, medical clinic, clinical laboratory or healthcare establishment;
(c)	inspect, test, examine, take and remove all containers, articles and other things that the Director or authorised officer reasonably believes to contain or to have contained blood, blood products, human tissue or fluid or any product of the human body, dialysate, chemicals, pharmaceuticals or any other substance;
(d)	inspect any test or procedure performed or carried out at the private hospital, medical clinic, clinical laboratory or healthcare establishment in order to ensure compliance with the provisions of this Act and any regulations made under this Act;
(e)	inspect and make copies of and take extracts from, or require the licensee or person having the management or control of the private hospital, medical clinic, clinical laboratory or healthcare establishment to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the private hospital, medical clinic, clinical laboratory or healthcare establishment or the facilities or services provided or the practices or procedures being carried out thereat;
(f)	inspect and make copies of and take extracts from, or require the licensee or person having the management or control of the private hospital, medical clinic, clinical laboratory or healthcare establishment to provide copies of or extracts from, the medical record of any person who has been or who is being treated or examined at the private hospital, medical clinic, clinical laboratory or healthcare establishment, even though the prior consent of that person has not been obtained; and
(g)	seize and remove from the private hospital, medical clinic, clinical laboratory or healthcare establishment any book, record, document, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical or other substance which the Director or authorised officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act or any regulations made under this Act.

(3) The Director or authorised officer may, in order to —

(a)	ascertain whether the provisions of this Act or any regulations made under this Act are being complied with; or
(b)	assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out at the private hospital, medical clinic, clinical laboratory or healthcare establishment,

exercise any of the following powers at any time:

(c)

by written order require any person —

(i)	to furnish any information within the person’s knowledge; or
(ii)	to produce any book, document, paper or other record, or any article or thing which may be in the person’s custody or possession and which may be related to or be connected with the subject matter of the investigation or assessment for inspection by the Director or authorised officer and for making copies thereof, or to provide copies of such book, document, paper or other record,

and may, if necessary, further require such person to attend at a specified time and place for the purpose of complying with sub‑paragraph (i) or (ii);

(d)

by written order require the attendance before the Director or authorised officer of any person who, from any information given or otherwise, appears to be acquainted with the facts and circumstances of the matter under investigation or assessment;

(e)

examine orally any person apparently acquainted with the facts and circumstances of the matter under investigation or assessment, and to reduce into writing the answer given or statement made by that person who is bound to state truly the facts and circumstances with which that person is acquainted, and the statement made by that person must be read over to that person and must, after correction, be signed by that person.

[1/2010]

(4) Any person who —

(a)	without reasonable excuse, refuses or fails to furnish any information or thing to the Director or authorised officer in contravention of subsection (3); or
(b)	gives any false or misleading information,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

[1/2010]

Confidentiality of information

13.—(1) Except in the case of a prosecution for an offence under this Act or any regulations made under this Act, the Director and an authorised officer are not compellable in any proceedings to give evidence in respect of, or to produce any document containing, any information which has been obtained from any private hospital, medical clinic, clinical laboratory or healthcare establishment in the course of carrying out any investigation or performing any duty or function under this Act.

(2) The Director and an authorised officer must not disclose any information which is contained in the medical record, or which relates to the condition, treatment or diagnosis, of any person, as may have come to his or her knowledge 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 Infectious Diseases Act 1976;
(iii)	the Termination of Pregnancy Act 1974;
(iv)	the Human Organ Transplant Act 1987;
(v)	the Health Products Act 2007; or
(vi)	the Medicines Act 1975;

(b)

for the purpose of making a complaint or providing information under Part 5 of the Dental Registration Act 1999, Part 7 of the Medical Registration Act 1997 or Part 6 of the Pharmacists Registration Act 2007; or

(c)

for any other purpose with the consent of the person to whom the information relates or the representative of such person.

[48/2007; 2/2008; 1/2010]

(3) In subsection (2)(c), “representative” —

(a)

in relation to a deceased person, means the deceased person’s executor, administrator or next‑of‑kin;

(b)

in relation to an infant, means one of the infant’s parents or the infant’s guardian; and

(c)

in relation to a person who lacks capacity within the meaning of the Mental Capacity Act 2008, means —

(i)	a donee of a lasting power of attorney which is granted by that person under the Mental Capacity Act 2008, and under which that person confers on the donee authority to consent on that person’s behalf to such disclosure; or
(ii)	a deputy who is appointed or deemed to be appointed for that person by the court under the Mental Capacity Act 2008, and who is conferred power to consent on that person’s behalf to such disclosure. [21/2008; 16/2016]

Directions as to apparatus, appliance, equipment, etc.

14.—(1) Where, in the opinion of the Director or an authorised officer, the use of any apparatus, appliance, equipment or instrument or the carrying out of any practice or procedure in a private hospital, medical clinic, clinical laboratory or healthcare establishment —

(a)	is dangerous or detrimental to any person therein; or
(b)	is otherwise unsuitable for the purpose for which it is used or carried out,

the Director or authorised officer may, by notice, direct the licensee or person having the management or control of the private hospital, medical clinic, clinical laboratory or healthcare establishment to stop using such apparatus, appliance, equipment or instrument or to stop carrying out such practice or procedure.

(2) The Director or an authorised officer may, by notice, direct the licensee or person having the management or control of a private hospital, medical clinic, clinical laboratory or healthcare establishment to install or replace any apparatus, appliance, equipment or instrument therein, that may be specified in the notice.

(3) Any licensee or person who fails to comply with any direction given to the licensee or person under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Offences by bodies corporate

15. Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who purported to act in that capacity, that director, manager, secretary, other similar officer or person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Restriction on disclosure of information

16. If any person discloses to any other person any information obtained by or given to the firstmentioned person pursuant to this Act the firstmentioned person shall, unless the disclosure was made in the performance of his or her duty, be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Obstructing Director or authorised officers in execution of their duties

17. Any person who obstructs, hinders or impedes the Director or any authorised officer in the performance or execution of his or her duty or anything which the Director or authorised officer is authorised, empowered or required to do under this Act or any regulations made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Protection from liability

18. No suit or other legal proceedings shall lie against the Director, any authorised officer or any member of an advisory committee established under section 3(5), for anything which is done in good faith in the execution or purported execution of this Act or any regulations made under this Act.

Jurisdiction of Courts

19. Despite anything to the contrary contained in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act or any regulations made under this Act and to impose the full penalty or punishment in respect of any such offence.

Composition of offences

20.—(1) The Director may compound any offence under this Act or any regulations made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $2,000.

(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

Exemption

21.—(1) The Minister may, subject to such terms or conditions as the Minister may impose, exempt any private hospital, medical clinic, clinical laboratory or healthcare establishment from all or any of the provisions of this Act or any regulations made under this Act.

(2) An exemption granted under this section may be revoked at any time.

Regulations

22.—(1) The Minister may make regulations for any purpose for which regulations are required to be made under this Act and generally for carrying out the purposes and provisions of this Act.

(2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:

(a)	the forms, fees and registers for the purposes of this Act;
(b)	the records of patients treated in a private hospital or a medical clinic, or persons for whom the facilities of a clinical laboratory or healthcare establishment are provided;
(c)	the records of the staff of a private hospital, medical clinic, clinical laboratory or healthcare establishment;
(d)	the requirements as to the number and qualifications of nursing and other staff in a private hospital, medical clinic, clinical laboratory and healthcare establishment;
(e)	the apparatus, appliances, equipment and instruments to be provided and maintained in a private hospital, medical clinic, clinical laboratory and healthcare establishment;
(f)	the ambulances to be provided and maintained by a private hospital;
(g)	the minimum standards of accommodation, sanitation and other amenities in a private hospital, medical clinic or healthcare establishment;
(h)	the cleanliness and hygiene in a private hospital, medical clinic, clinical laboratory and healthcare establishment;
(i)	the safety and welfare of patients in a private hospital or medical clinic or persons for whom the facilities of a clinical laboratory or healthcare establishment are provided;
(j)	the management, control, superintendence and care of a private hospital, medical clinic, clinical laboratory and healthcare establishment;
(k)	the healthcare institutions for which quality assurance committees are required to be established, and the composition, procedures, duties and responsibilities which apply to a quality assurance committee of any healthcare institution or class of healthcare institutions. [14/2010]

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