PRIVATE AGED HEALTHCARE FACILITIES AND SERVICES ACT 2018

Private Aged Healthcare Facilities and Services LAWS OF MALAYSIA Act 802 PRIVATE AGED HEALTHCARE FACILITIES AND SERVICES ACT 2018 1 2 Laws of Malaysia Date of Royal Assent Act 802 ... ... 26 March 2018 Date of publication in the Gazette ... ... ... 29 March 2018 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Private Aged Healthcare Facilities and Services 3 LAWS OF MALAYSIA Act 802 PRIVATE AGED HEALTHCARE FACILITIES AND SERVICES ACT 2018 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 3. Non-application 2. Interpretation Part II APPROVAL TO PROVIDE AND LICENCE TO OPERATE PRIVATE AGED HEALTHCARE FACILITIES AND SERVICES 4. 5. Approval and licence Premises for licensed private aged healthcare facilities and services Part III APPROVAL 6. Application for approval 8. Matters for consideration for approval 7. 9. 10. Refusal to process application for approval Grant of approval Transfer or assignment of approval Part IV LICENCE 11. Application for licence 13. Inspection of premises 12. Refusal to process application for licence 4 Laws of Malaysia Section 14. Grant of licence 15. Interim licence 16. Reconsideration of application for licence 17. Validity of licence 18. Renewal of licence 19. Transfer or assignment of licence Act 802 Part V DUTY OF LICENSEE AND PERSON IN CHARGE 20. Duty of licensee 21. Policy statement 22. Grievance mechanism plan and procedure 23. Person in charge 24. Change of person in charge 25. Incident reporting 26. Emergency 27. Notification of death 28. Restriction on the use of licensed private aged healthcare facilities and services 29. Prohibition on extension or alteration Part VI REVOCATION 30. Grounds for revocation 31. Show cause 32. Revocation of approval, etc. 33. Surrender of approval, etc. 34. Cessation of operation Private Aged Healthcare Facilities and Services 5 Part VII CLOSURE OF PRIVATE AGED HEALTHCARE FACILITIES AND SERVICES Section 35. Voluntary closure 36. Closure pursuant to revocation of licence 37. Closure of unlicensed private aged healthcare facilities and services Part VIII ENFORCEMENT 38. Power of enforcement 39. Power of investigation 40. Inspection of private aged healthcare facilities and services 41. Institution and conduct of prosecution Part IX GENERAL 42. Other than aged persons may be admitted 43. Register 44. Guidelines and directives 45. Delegation of power 46. Appeal 47. Power to exempt 48. Power to amend Schedules 49. Power to make regulations 50. General penalty 51. Offence by body corporate, partnership or society 52. Compounding of offences 53. Savings and transitional First Schedule Second Schedule 6 Laws of Malaysia Act 802 7 Private Aged Healthcare Facilities and Services LAWS OF MALAYSIA Act 802 PRIVATE AGED HEALTHCARE FACILITIES AND SERVICES ACT 2018 An Act to provide for the regulation of private aged healthcare facilities and services and related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Private Aged Healthcare Facilities and Services Act 2018. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “prescribed” means prescribed by the Minister by regulations made under this Act; “Inspector” means an Inspector appointed under subsection 87(1) of the Private Healthcare Facilities and Services Act 1998 [Act 586]; 8 Laws of Malaysia Act 802 “approval” means an approval granted under subsection 9(1) to provide a private aged healthcare facilities and services and “holder of an approval” means a holder of an approval to which the private aged healthcare facilities and services relates; “private aged healthcare facilities and services” means any premises where healthcare services are provided for aged persons; “licensed private aged healthcare facilities and services” means any private aged healthcare facilities and services licensed under Part IV; “Director General” means the Director General of Health, Malaysia; “licence” means a licence granted under Part IV to operate a private aged healthcare facilities and services and “licensee” means a holder of a licence to which the private aged healthcare facilities and services relates; “interim licence” means an interim licence granted under Part IV and “interim licensee” means a holder of an interim licence; “Minister” means the Minister charged with the responsibility for health; “person in charge” means a person charged with the responsibilities under subsection 23(2); “care recipient” means any person receiving healthcare services at a licensed private aged healthcare facilities and services; “caregiver” means any person, other than a healthcare professional, who provides personal care to any care recipient; “healthcare services” means any services specified in the First Schedule; “society” means any society registered under the Societies Act 1966 [Act 335] or Co-operative Societies Act 1993 [Act 502]; “body corporate” means any body incorporated under the Companies Act 2016 [Act 777] or statutory body incorporated and established under any written law; Private Aged Healthcare Facilities and Services 9 “healthcare professional” means any person specified in the Second Schedule; “relative” means any person connected by blood or marriage or legal adoption, or a legal guardian; “standards or requirements” means standards or requirements as the Director General may determine under subsection 5(3); “aged person” means any person who is sixty years of age or above. Non-application 3. This Act shall not apply to— (a) private healthcare facilities and services licensed under the Private Healthcare Facilities and Services Act 1998; (b) care centres registered under the Care Centres Act 1993 [Act 506] except care centres registered under the Care Centres Act 1993 deemed to have been licensed under this Act pursuant to section 53; and (c) premises where an individual provides healthcare for his aged relative. Part II APPROVAL TO PROVIDE AND LICENCE TO OPERATE PRIVATE AGED HEALTHCARE FACILITIES AND SERVICES Approval and licence 4. (1) A person shall not provide a private aged healthcare facilities and services for four or more aged persons without an approval under subsection 9(1) or operate a private aged healthcare facilities and services for four or more aged persons without a licence under Part IV. (2) An application for an approval or a licence may be made by and granted to an individual, a body corporate, a partnership or a society. 10 Laws of Malaysia Act 802 (3) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable— (a) in the case of an individual— (i) to a fine not exceeding thirty thousand ringgit; and (ii) for a continuing offence, to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction; and (b) in the case of a body corporate, partnership or society— (i) to a fine not exceeding one hundred thousand ringgit; and (ii) for a continuing offence, to a further fine not exceeding three thousand ringgit for every day or part of a day during which the offence continues after conviction. Premises for licensed private aged healthcare facilities and services 5. (1) A person shall provide and operate a licensed private aged healthcare facilities and services only at the following premises: (a) a residential facility; (b) a day care facility; (c) any premises as the Minister may prescribe; and (d) any premises incorporating the specifications of any two or more of the premises in paragraphs (a) to (c). (2) A “day care facility” in paragraph (1)(b) means a facility without residential accomodation where aged healthcare facilities and services are provided for a continous period exceeding three hours in a day for at least three days in a week. (3) The Director General may determine different standards or requirements for different types of premises where aged healthcare facilities and services are to be provided. Private Aged Healthcare Facilities and Services 11 Part III APPROVAL Application for approval 6. (1) An application for an approval to provide a private aged healthcare facilities and services shall be made to the Director General in such manner as the Director General shall determine. (2) An application for an approval shall be accompanied by the prescribed fee. Refusal to process application for approval 7. The Director General may refuse to process an application for an approval or may require that the application be amended or completed and resubmitted or that a fresh application be submitted in its place if— (a) the application is not made in accordance with the manner as determined by the Director General; or (b) the applicant has not shown proof that he is a fit and proper person to be granted an approval. Matters for consideration for approval 8. Where the Director General decides to proceed with an application for an approval, in deciding whether or not to grant the approval, the Director General shall consider the following matters: (a) the type of premises where the aged healthcare facilities and services are to be provided; (b) the healthcare services to be provided; (c) the availability of and access to existing private aged healthcare facilities and services in the area to which the application for approval relates; 12 Laws of Malaysia Act 802 (d) the present and future needs for private aged healthcare facilities and services in the area to which the application for approval relates; and (e) any other matters which the Director General thinks is relevant. Grant of approval 9. (1) Upon consideration of the application for approval, the Director General may grant an approval to provide a private aged healthcare facilities and services. (2) The approval shall be in such form and contain such particulars as the Director General shall determine. (3) The approval shall be subject to the payment of the prescribed fee. Transfer or assignment of approval 10. (1) The holder of an approval shall not transfer or assign the approval unless the prior approval of the Director General has been obtained. (2) An application for the transfer or assignment of an approval shall be made to the Director General in such manner as the Director General shall determine and shall be accompanied by the prescribed fee. (3) Any holder of an approval who contravenes subsection (1) commits an offence and shall, on conviction, be liable— (a) where the holder of an approval is an individual, to a fine not exceeding ten thousand ringgit; and (b) where the holder of an approval is a body corporate, partnership or society, to a fine not exceeding thirty thousand ringgit. Private Aged Healthcare Facilities and Services 13 Part IV LICENCE Application for licence 11. (1) An application for a licence to operate a private aged healthcare facilities and services shall be made only by a holder of an approval. (2) An application for a licence shall be made to the Director General in such manner as the Director General shall determine within three years from the date the approval is granted in respect of the private aged healthcare facilities and services to which the application for licence relates or such extended period as the Director General may allow. (3) An application for a licence shall be accompanie