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PRIVATE HEALTHCARE FACILITIES AND SERVICES ACT 1998

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1 PART I PRELIMINARY-1. Short title and commencement.
2 PART I PRELIMINARY-2. Interpretation.
3 PART II CONTROL OF PRIVATE HEALTHCARE FACILITIES AND SERVICES-3. Approval and licence.
4 PART II CONTROL OF PRIVATE HEALTHCARE FACILITIES AND SERVICES-4. Registration.
5 PART II CONTROL OF PRIVATE HEALTHCARE FACILITIES AND SERVICES-5. Unlicensed and unregistered private healthcare facility or service.
6 PART II CONTROL OF PRIVATE HEALTHCARE FACILITIES AND SERVICES-6. Approval and licence may be issued to a sole proprietor, partnership or body corporate.
7 PART II CONTROL OF PRIVATE HEALTHCARE FACILITIES AND SERVICES-7. Certificate of registration to operate private medical and private dental clinic.
8 PART III APPROVAL TO ESTABLISH OR MAINTAIN PRIVATE HEALTHCARE FACILITIES OR SERVICES OTHER THAN A PRIVATE MEDICAL CLINIC OR A PRIVATE DENTAL CLINIC-8. Application for approval to establish or maintain.
9 PART III APPROVAL TO ESTABLISH OR MAINTAIN PRIVATE HEALTHCARE FACILITIES OR SERVICES OTHER THAN A PRIVATE MEDICAL CLINIC OR A PRIVATE DENTAL CLINIC-9. Matters to be considered before approval to establish or maintain is granted.
10 PART III APPROVAL TO ESTABLISH OR MAINTAIN PRIVATE HEALTHCARE FACILITIES OR SERVICES OTHER THAN A PRIVATE MEDICAL CLINIC OR A PRIVATE DENTAL CLINIC-10. Refusal to process application for approval to establish or maintain.
11 PART III APPROVAL TO ESTABLISH OR MAINTAIN PRIVATE HEALTHCARE FACILITIES OR SERVICES OTHER THAN A PRIVATE MEDICAL CLINIC OR A PRIVATE DENTAL CLINIC-11. Reasons for refusal to grant approval to establish or maintain.
12 PART III APPROVAL TO ESTABLISH OR MAINTAIN PRIVATE HEALTHCARE FACILITIES OR SERVICES OTHER THAN A PRIVATE MEDICAL CLINIC OR A PRIVATE DENTAL CLINIC-12. Grant of or refusal to grant approval to establish or maintain.
13 PART III APPROVAL TO ESTABLISH OR MAINTAIN PRIVATE HEALTHCARE FACILITIES OR SERVICES OTHER THAN A PRIVATE MEDICAL CLINIC OR A PRIVATE DENTAL CLINIC-13. Separate approval to establish or maintain private healthcare facilities or services which are not physically, administratively or organisationally linked.
14 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-14. Application for a licence to operate or provide to be made within three years.
15 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-15. Application for licence to operate or provide.
16 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-16. Inspection of premises.
17 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-17. Refusal to process application for licence.
18 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-18. Reasons for refusal to issue or renew a licence to operate or provide.
19 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-19. Grant of or refusal to grant licence.
20 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-20. Licence to specify type of private healthcare facility or service.
21 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-21. Separate licence for private healthcare facilities or services which are not physically, administratively or organisationally linked.
22 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-22. Duration and renewal of licence to operate or provide.
23 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-23. Licence to be exhibited.
24 PART IV LICENCE TO OPERATE OR PROVIDE PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC-24. Power to vary terms or conditions, or purpose of approval or licence.
25 PART V REGISTRATION OF A PRIVATE MEDICAL CLINIC AND A PRIVATE DENTAL CLINIC-25. Application for registration.
26 PART V REGISTRATION OF A PRIVATE MEDICAL CLINIC AND A PRIVATE DENTAL CLINIC-26. Refusal to process application for registration.
27 PART V REGISTRATION OF A PRIVATE MEDICAL CLINIC AND A PRIVATE DENTAL CLINIC-27. Grant of certificate of registration.
28 PART V REGISTRATION OF A PRIVATE MEDICAL CLINIC AND A PRIVATE DENTAL CLINIC-28. Certificate of registration to be exhibited.
29 PART V REGISTRATION OF A PRIVATE MEDICAL CLINIC AND A PRIVATE DENTAL CLINIC-29. Power to vary terms or conditions of registration.
30 PART V REGISTRATION OF A PRIVATE MEDICAL CLINIC AND A PRIVATE DENTAL CLINIC-30. Separate registration.
31 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-31. Responsibilities.
32 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-32. Person in charge.
33 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-33. Change of person in charge.
34 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-34. Personal care aide.
35 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-35. Policy statement.
36 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-36. Patient grievance mechanism.
37 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-37. Incident reporting.
38 PART VI RESPONSIBILITIES OF A LICENSEE, HOLDER OF CERTIFICATE OF REGISTRATION AND PERSON IN CHARGE-38. Emergency treatment and services.
39 PART VII GENERAL PROVISIONS RELATING TO APPROVAL, LICENCE AND REGISTRATION-39. Restriction on use of premises.
40 PART VII GENERAL PROVISIONS RELATING TO APPROVAL, LICENCE AND REGISTRATION-40. Prohibition on extension and alteration.
41 PART VII GENERAL PROVISIONS RELATING TO APPROVAL, LICENCE AND REGISTRATION-41. Transfer, etc. of approval, licence and certificate.
42 PART VII GENERAL PROVISIONS RELATING TO APPROVAL, LICENCE AND REGISTRATION-42. Registers.
43 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-43. Show cause.
44 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-44. Grounds for suspension, etc. relating to administration of private healthcare facility or service.
45 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-45. Grounds for suspension, revocation, refusal to renew licence, etc. relating to qualification of sole proprietor.
46 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-46. Grounds for suspension, revocation, or refusal to renew approval, licence or certificate of registration.
47 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-47. Additional grounds.
48 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-48. Representations.
49 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-49. Power of Director General to suspend, revoke, or refuse renewal.
50 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-50. Surrender of licence or certificate.
51 PART VIII SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION-51. Cessation of operation.
52 PART IX CLOSURE OF PRIVATE HEALTHCARE FACILITIES OR SERVICES-52. Order for temporary closure of private healthcare facilities or services.
53 PART IX CLOSURE OF PRIVATE HEALTHCARE FACILITIES OR SERVICES-53. Conditions for closure, selling or otherwise disposing of private healthcare facility or service.
54 PART X BLOOD BANK-54. Interpretation.
55 PART X BLOOD BANK-55. Prohibition on supply of natural human blood and blood product.
56 PART X BLOOD BANK-56. Import and export of natural human blood and blood product.
57 PART X BLOOD BANK-57. Issue of certificate to import and export natural human blood and blood product.
58 PART X BLOOD BANK-58. Consent to test blood from donors.
59 PART XI BLOOD TRANSFUSION SERVICES-59. Storage facilities.
60 PART XI BLOOD TRANSFUSION SERVICES-60. Minimum blood supply.
61 PART XI BLOOD TRANSFUSION SERVICES-61. Maintain records of receipt and disposition of blood.
62 PART XI BLOOD TRANSFUSION SERVICES-62. Transfusion reactions.
63 PART XI BLOOD TRANSFUSION SERVICES-63. Recommendations to the Medical Advisory Committee.
64 PART XII MORTALITY ASSESSMENT-64. Interpretation.
65 PART XII MORTALITY ASSESSMENT-65. Establishment of National Mortality Assessment Committee.
66 PART XII MORTALITY ASSESSMENT-66. Functions of National Mortality Assessment Committee.
67 PART XII MORTALITY ASSESSMENT-67. Reporting of assessable deaths.
68 PART XII MORTALITY ASSESSMENT-68. Medical and dental practitioners to provide information.
69 PART XII MORTALITY ASSESSMENT-69. Publication of information.
70 PART XII MORTALITY ASSESSMENT-70. Secrecy of information obtained by Committee.
71 PART XII MORTALITY ASSESSMENT-71. Protection of persons carrying out functions as members of Committee.
72 PART XII MORTALITY ASSESSMENT-72. Mortality assessment committee at private healthcare facility or service level.
73 PART XII MORTALITY ASSESSMENT-73. Independent investigation.
74 PART XIII QUALITY OF HEALTHCARE FACILITIES AND SERVICES-74. Quality of care and services.
75 PART XIII QUALITY OF HEALTHCARE FACILITIES AND SERVICES-75. Power of Director General to give directions.
76 PART XIII QUALITY OF HEALTHCARE FACILITIES AND SERVICES-76. Power of Director General to issue directives, orders or guidelines relating to quality assurance.
77 PART XIV BOARD OF MANAGEMENT AND ADVISORY COMMITTEE-77. Board of Management.
78 PART XIV BOARD OF MANAGEMENT AND ADVISORY COMMITTEE-78. Medical or Dental Advisory Committee.
79 PART XIV BOARD OF MANAGEMENT AND ADVISORY COMMITTEE-79. Midwifery Care Advisory Committee.
80 PART XIV BOARD OF MANAGEMENT AND ADVISORY COMMITTEE-80. Nursing Advisory Committee.
81 PART XIV BOARD OF MANAGEMENT AND ADVISORY COMMITTEE-81. Penalty for non-compliance with any of the provision of this Part.
82 PART XV MANAGED CARE ORGANISATION-82. Interpretation of managed care organisation.
83 PART XV MANAGED CARE ORGANISATION-83. Contracts between private healthcare facility or service and managed care organisation.
84 PART XV MANAGED CARE ORGANISATION-84. Licensee and holder of certificate of registration to furnish information on managed care organisation to Director General.
85 PART XV MANAGED CARE ORGANISATION-85. Information by managed care organisation.
86 PART XV MANAGED CARE ORGANISATION-86. Register of managed care organisations.
87 PART XVI ENFORCEMENT-87. Appointment of Inspectors.
88 PART XVI ENFORCEMENT-88. Power of Inspector to enter and inspect.
89 PART XVI ENFORCEMENT-89. Power to search and seize.
90 PART XVI ENFORCEMENT-90. Search and seizure without warrant.
91 PART XVI ENFORCEMENT-91. Power to seal.
92 PART XVI ENFORCEMENT-92. Power to require information and examine persons.
93 PART XVI ENFORCEMENT-93. Duty to assist Inspector.
94 PART XVI ENFORCEMENT-94. Offences in relation to inspection.
95 PART XVI ENFORCEMENT-95. List of things seized.
96 PART XVI ENFORCEMENT-96. Forfeiture of things seized.
97 PART XVI ENFORCEMENT-97. No person entitled to costs, etc. on selzure.
98 PART XVI ENFORCEMENT-98. Production of official identification card or badge.
99 PART XVI ENFORCEMENT-99. Compounding of offences.
100 PART XVI ENFORCEMENT-100. Institution and conduct of prosecution.
101 PART XVII POWER OF MINISTER-101. Appeal.
102 PART XVII POWER OF MINISTER-102. Power of Minister to issue general directions.
103 PART XVII POWER OF MINISTER-103. Power of Minister to exempt.
104 PART XVII POWER OF MINISTER-104. Board of Visitors.
105 PART XVII POWER OF MINISTER-105. Social or welfare contribution.
106 PART XVII POWER OF MINISTER-106. Fee schedule.
107 PART XVII POWER OF MINISTER-107. Power to make regulations.
108 PART XVIII MISCELLANEOUS-108. Advertisement.
109 PART XVIII MISCELLANEOUS-109. National Register.
110 PART XVIII MISCELLANEOUS-110. Service of notice.
111 PART XVIII MISCELLANEOUS-111. Delegation by Director General.
112 PART XVIII MISCELLANEOUS-112. Furnishing of information.
113 PART XVIII MISCELLANEOUS-113. Officers deemed to be public servants.
114 PART XVIII MISCELLANEOUS-114. Protection against suit and legal proceedings.
115 PART XVIII MISCELLANEOUS-115. Confidentiality of information.
116 PART XVIII MISCELLANEOUS-116. Private psychiatric hospital, psychiatric nursing home and community mental health centre.
117 PART XVIII MISCELLANEOUS-117. General offence and penalty.
118 PART XVIII MISCELLANEOUS-118. Contravention of subsidiary legislation.
119 PART XIX SAVING AND TRANSITIONAL PROVISIONS-119. Repeal.
120 PART XIX SAVING AND TRANSITIONAL PROVISIONS-120. Saving and transitional provisions relating to existing licensed private hospitals, maternity homes and nursing homes.
121 PART XIX SAVING AND TRANSITIONAL PROVISIONS-121. Power of Minister to make additional transitional provisions.
122 Saving and transitional provisions relating to existing private medical clinics and private dental clinics PART XIX SAVING AND TRANSITIONAL PROVISIONS-122 Saving and transitional provisions relating to existing private medical clinics and private dental clinics.
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