PART I | 1. These Regulations may be cited as the Private Hospitals and Medical Clinics Regulations. |
2.—(1) In these Regulations, unless the context otherwise requires —| [Deleted by S 392/2023 wef 26/06/2023] |
| “electronic licensing system” means the electronic licensing system provided by the Ministry of Health for the purposes of application or renewal of a licence under the Act; [S 411/2003 wef 01/09/2003] |
| “licence” means the licence referred to in section 2 of the Act; |
| “licensee” means the holder of a licence; |
| [Deleted by S 392/2023 wef 26/06/2023] |
| [Deleted by S 392/2023 wef 26/06/2023] |
| [Deleted by S 392/2023 wef 26/06/2023] |
| [Deleted by S 392/2023 wef 26/06/2023] |
| [Deleted by S 392/2023 wef 26/06/2023] |
| “nursing home” means a private hospital in respect of which the licence granted under the Act specifies that it is a nursing home; [S 392/2023 wef 26/06/2023] |
| “registered nurse” means a person registered as a nurse under the Nurses and Midwives Act 1999; [S 430/2017 wef 01/08/2017] [S 392/2023 wef 31/12/2021] |
| [Deleted by S 392/2023 wef 26/06/2023] |
| [Deleted by S 392/2023 wef 26/06/2023] |
| [Deleted by S 392/2023 wef 26/06/2023] |
| “working day” means any day other than a Saturday, Sunday or public holiday. [S 430/2017 wef 01/08/2017] |
| (2) For the purpose of these Regulations, the reference to the number of beds of a nursing home (A) includes beds which are located in the premises of another nursing home (B) but which, under an arrangement between A and B, are intended for the use of patients who are admitted to and who are under the management and care of A. [S 392/2023 wef 26/06/2023] |
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| 3.—(1) Every application for the issue or renewal of a licence shall be made to the Director-General in the appropriate form set out in the electronic licensing system of the Ministry of Health at http://elis.moh.gov.sg. [S 450/2013 wef 01/08/2013] [S 392/2023 wef 26/06/2023] | (2) The Director-General may make any modification or amendment necessary to the form for an application or renewal of a licence for the purpose of facilitating the submission of that form. [S 392/2023 wef 26/06/2023] |
(3) The form for the application or renewal of a licence and any document accompanying the application shall be submitted to the Director-General —| (a) | using the electronic licensing system; | | (b) | by post; | | (c) | by telefax; or | | (d) | in person. [S 411/2003 wef 01/09/2003] [S 392/2023 wef 26/06/2023] |
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| 4.—(1) Every licensee of a nursing home shall comply with such directions or guidelines as may be given or issued by the Director-General from time to time in respect of any matter relating to the management, operation, maintenance or use of the nursing home. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] | (2) The licensee of a nursing home shall notify the Director-General of any changes in the appointment of any person as its manager or deputy manager, within 7 working days from the date of appointment of that person. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] |
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| 5.—(1) The fee payable for any licence or any renewal thereof shall be as specified in the Fourth Schedule, and shall be paid by inter-bank GIRO or such other method of payment as the Director-General may specify. [S 392/2023 wef 26/06/2023] | (2) [Deleted by S 450/2013 wef 01/08/2013] |
| (3) Where any licence is revoked, the Director-General may, if he considers appropriate, remit or refund any part of the fee paid under this regulation in respect of the licence. [S 450/2013 wef 01/08/2013] [S 392/2023 wef 26/06/2023] |
| (4) Where an application for a licence is withdrawn before the application has been approved, the applicant shall pay an administrative fee of 20% of the licence fee payable for the licence or $100, whichever is the greater, and such administrative fee may be deducted from any licence fee already paid for the licence. |
(5) An applicant for a licence may, at any time before the licence is issued, apply to the Director-General to —| (a) | amend the name of the nursing home which appears on the application form he has submitted; or [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] | | (b) | include another person as a proposed licensee. [S 392/2023 wef 26/06/2023] |
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| (6) Where an application for any amendment under paragraph (5) is made after the application for a licence has been approved by the Director-General, the Director-General may, on payment of an administrative fee of $100, approve the application for the amendment and issue a licence incorporating such amendment. [S 392/2023 wef 26/06/2023] |
| (7) Subject to paragraph (7A), an application for any amendment to a licence which has been issued shall be made by way of an application for a fresh licence and shall be accompanied by the appropriate fee specified in the Fourth Schedule. [S 450/2013 wef 01/08/2013] |
| (7A) Where the application referred to in paragraph (7) is for an amendment to the name of the nursing home appearing on the licence, the Director-General may, on payment of a fee of $100 by the licensee, issue a licence incorporating such amendment. [S 450/2013 wef 01/08/2013] [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] |
| (8) Where a licence is lost, damaged or destroyed, the Director-General may, on the application of the licensee and on payment of a fee of $100, issue a duplicate licence. [S 392/2023 wef 26/06/2023] |
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| 6.—(1) Any application for the renewal of a licence shall be made to the Director-General not later than 2 months before the date of the expiry of the licence. [S 392/2023 wef 26/06/2023] | (2) Where an application for the renewal of a licence is made after the date mentioned in paragraph (1), the applicant shall pay a late payment fee which shall be 20% of the fee payable for the renewal of the licence or $100, whichever is the greater. |
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| 7. Every person to whom a licence is issued shall display the current licence issued in a conspicuous place at the nursing home. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] |
| 8. [Deleted by S 392/2023 wef 26/06/2023] |
| Notification of cessation, etc., of nursing home |
| 9.—(1) Where a licensee intends to cease operating, or intends to let, sell or in any way dispose of a nursing home, he shall notify the Director-General of his intention in writing not less than 30 days before the cessation of operation, letting, sale or disposal of the nursing home. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] | (2) Any licence issued to the licensee shall upon the cessation of operation, letting, sale or disposal of the nursing home be deemed to be revoked. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] |
(3) Every licensee of a nursing home who intends to cease operating or to let, sell or in any way dispose of the nursing home shall —| (a) | take all measures as are reasonable and necessary to ensure that, until the cessation of operation, letting, sale or disposal of the nursing home is completed, every person who remains a patient thereof continues to be provided with adequate and proper accommodation and care; | | (b) | take all measures as are reasonable and necessary to ensure that the medical records of every patient in the nursing home are properly transferred to the nursing home to which such patient is to be transferred; and [S 392/2023 wef 26/06/2023] | | (c) | comply with such directions as the Director-General may give with regard to the accommodation, medical records and care of the patients in the nursing home pending the completion of the cessation of operation, letting, sale or disposal of the nursing home. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] |
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| (4) [Deleted by S 1040/2021 wef 03/01/2022] |
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| Persons who may manage nursing home |
| 10.—(1) A nursing home must be managed by a medical practitioner or a registered nurse. [S 392/2023 wef 26/06/2023] | (2) [Deleted by S 392/2023 wef 26/06/2023] |
| (3) A person who is responsible for the management of a nursing home shall not be absent therefrom for any length of time, unless arrangements are made for the nursing home to be placed under the supervision of a person who is similarly qualified to manage that nursing home. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] |
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| Duty of manager of nursing home |
| 11. Every manager of a nursing home shall ensure that every patient be informed, on or before his admission to the nursing home, of the estimated total charges which are likely to be incurred in respect of his accommodation at the nursing home and treatment. [S 392/2023 wef 26/06/2023] |
| 12.—(1) Every licensee of a nursing home shall keep and maintain proper medical records and shall in addition cause to be recorded therein in respect of each patient such particulars as may be specified in any guidelines issued by the Director-General from time to time. [S 392/2023 wef 26/06/2023] (1A) The licensee under paragraph (1) shall —| (a) | take all reasonable steps, including implementing such processes as are necessary, to ensure that the medical records in paragraph (1) are as accurate, complete and up-to-date as are necessary for the purposes for which they are to be used; | | (b) | implement adequate safeguards (whether administrative, technical or physical) to protect the medical records against accidental or unlawful loss, modification or destruction, or unauthorised access, disclosure, copying, use or modification; | | (c) | periodically monitor and evaluate the safeguards in sub-paragraph (b) to ensure that they are effective and being complied with by the persons involved in handling the medical records; | | (d) | ensure that each person handling the medical records is aware of his role and responsibility in maintaining the confidentiality, integrity and availability of the medical records; and | | (e) | take reasonable care in the disposal or destruction of the medical records so as to prevent unauthorised access to the records. [S 189/2011 wef 15/04/2011] |
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| (2) [Deleted by S 1040/2021 wef 03/01/2022] |
| (3) The records referred to in paragraph (1) shall be retained by the licensee of the nursing home for such periods as may be required by the Director-General. [S 1040/2021 wef 03/01/2022] [S 392/2023 wef 26/06/2023] |
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