MDA Membership Centre
PRIVATE HEALTHCARE FACILITIES AND SERVICES ACT 1998 AND REGULATIONS (2006)
PROPOSAL IN THE MEMORANDUM
DECISION OF THE MINISTER OF HEALTH
A.
CONTROL OF PRIVATE HEALTHCARE FACILITIES

Registration

No deferment of period of registration �?6 months
to retained. By 31 October 2006 all doctors and
dentists must submit their registration forms.

Appropriate amendments will be made to the
registration requirements.
Clinics will be given one year to comply with
the requirements of the Regulations
B.

FIRST SCHEDULE APPLICATION FOR
REGISTRATION TO ESTABLISH
PRIVATE DENTAL CLINIC.

Information on private clinic, applicant

Reference from 2 referees not required:

No need for original or copy of full registration Certificate. Copy of APC is enough
Certificate of fitness of premise not required.
A copy of current assessment bill or equivalent is enough
Particulars of non –dental professions not Required.
Statutory declaration not required for existing
practice but needed for new practices.
Sketch of layout of clinics required but with minimum details such as location of consultation rooms, registration area and toilets, with specifications on the dimension, but no need to be
drawn to scale of 1:100. No need for light points and aircond points, etc.
Not required to report social and welfare contribution activities to MOH
Refusal by the DG to issue the license or Provide registration will be supported by reasons.
C.

REGISTRATION OF PRIVATE DENTAL CLINIC

Ministry of Health (MOH) to respond within 1 month. If no reply, the applicants can commence their practice.

Online registration is available at the MOH website.
D.

LICENCE TO OPERATE OR PROVIDE PRIVATE EALTHCARE FACILITY OR
SERVICE OTHER THAN A PRIVATE DENTAL CLINIC

Director General of Health (DG) will reveal the grounds for rejection of any application.

Appeals to be directed to the Minister who undertakes to respond without delay.
Resubmission of application for re-inspection after remedy of shortcomings will be allowed.
E.
CONTROL OF PRIVATE HEALTHCARE FACILITIES AND SERVICES

Fine of RM 300,000 and imprisonment sentence
to be retained. This is a deterrent punishment to
prevent illegal dentistry.

F.
SAVINGS AND RANSITIONAL
PROVISIONS

Extension of time for compliance to the provision
in the Regulation �?one year time frame granted.

Existing clinics to upgrade facilities / renovate within the one year grace period.
Exemptions can be obtained from DG for non compliance to requirements on case-by-case basis (for existing or future clinics)
G.

GENERAL PROVISIONS FOR
STANDARDS OF PRIVATE DENTAL CLINICS

Location of private dental clinics

In dusty, noisy environments, air-conditioners should be used to shield patient areas. No need for relocation of clinics.

H.

POLICY


Applicable more to hospitals.

Understanding that MoH will not enforce this provision on private clinics.
I.
PATIENT’S RIGHTS
18(1) The “utmost decency�?to be deleted as it cannot be defined. To substitute with / “due professionalism and respect�?
J.

REGISTERS, ROSTERS AND RETURNS


Returns only need to be submitted by clinics with
online facilities. Private hospitals will have to comply.
K.

GRIEVANCE MECHANISM PLAN


Complaints by patients.

To be resolved within 1 month by the practioner or by the respective professional body
(MMA/MDA) through own mechanism.

To be referred to MoH after this time frame.
L.

GENERAL PROVISIONS FOR
STANDARD OF PRIVATE MEDICAL / DENTAL CLINIC.

Emergency power supply.

No applicable to dental surgery
M.
GENERAL PROVISIONS FOR
STANDARDS OF PRIVATE MEDICAL CLINICS OR DENTAL CLINICS
To be reviewed for practicality in terms of compliance. E.g. public telephone, water supply, toilet, germicide, etc. to be removed as some
requirements are not relevant.
N.

RESPONSIBILITIES OF A LICENSEE HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE

Emergency treatment and services

Dental Surgery exempted.
O.
FEE SCHEDULE
To be reviewed from time to time. Suggestions from MDA welcomed.
P.
MANAGED CARE ORGANISATION
Agreed with MMA/MDA’s proposal. While waiting for MCO Bill to be passed by Parliament, Bahagian Amalan Perubatan to conduct meetings to resolve outstanding issued and set up some regulations.
Q.
PATIENT’S DENTAL RECORDS

To indicate the limitation period for preservation
of patient’s dental records:
Adult: 7 years.
Children: 18 + 5 years.

R.
POWER OF MINISTER

Further discussion to be held with the legal advisors of MoH on issues of consent.

No consent required for X-rays, blood tests and urine tests.

S.
FEE FOR REGISTRATION

RM 1,500 is a one-time fee for registration.

Lower fees to be imposed pertaining to second
registration from the same practitioner for relocation purposes.

T.
BOARD OF MANAGEMENT AND ADVISORY COMMITTEE

MoH to take note of the proposal.

U.
ENFORCEMENT

The inspection team will be led by doctors from
the Ministry of Health.

Prior notification to be given to the clinics before inspection. No raids.

V.
CONVICTION AND PUNISHMENT

Objective of the Act �?to weed out unqualified practitioners �?thus agreed to Fine of
RM 300,00 and imprisonment term.

Penalty by imprisonment for other offences �?any amendment to the Act must be tabled at Parliament. However those arising from the
Regulations will be reviewed for its deletion. There are implications of imprisonment of dental practitioners in the Dental Act 1971.


SUPPLEMENTARY PROPOSAL FROM MDA

Private dental clinics are exempted from the following:

1) Part V, Regulations 25; Statistical returns
2) Part VIII, Regulations 33; Infection control
3) Part X, Regulations 75; Provision of emergency care service
4) Part XI , Regulations 81 and 82; Provision of pharmaceutical services

 
 
To those who wish to register online the website address: http://medpcs.moh.gov.my.
 
 
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