On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 31/05/1999.
5. Sections 4 and 5 of the principal Act are repealed and the following sections substituted therefor:
“Licences for private hospitals, medical clinics, clinical laboratories and healthcare establishments
4.
—(1) No premises shall 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.
(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 such time as the Director may specify.
(4) If the person to whom an order is given under subsection (3) fails to comply with the order —
(a)
he 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 thereof during which the offence continues after conviction; and
(b)
the Director may take such measures as he thinks necessary to secure the closure of the unlicensed private hospital, medical clinic, clinical laboratory or healthcare establishment.
5.
—(1) An application for a licence shall be made to the Director in the prescribed form and shall be accompanied by —
(a)
the prescribed fee;
(b)
such particulars, information and documents as 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 he 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 shall 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 (including the facilities and equipment therein) 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 to be licensed.
(4) For the purpose of subsection (3), the Director, before issuing the licence applied for, may —
(a)
inspect the premises to be licensed, or cause such premises to be inspected by an authorised officer; and
(b)
require the applicant at his own expense —
(i)
to make such alteration or improvement to the premises to be licensed; or
(ii)
to provide, fix or install such facilities and equipment therein,
as the Director may specify.
(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)
shall be in such form as the Director may determine;
(b)
shall be valid for the period stated therein unless it is sooner revoked under section 8; and
(c)
may be renewed upon its expiry.
(7) Subsections (1) to (6) shall apply, with the necessary modifications, to an application for the renewal of a licence.”.