SIBU: The Sessions Court here today fined a private ambulatory care centre RM50,000, in default of five months’ imprisonment, for operating without a required licence.
Judge Musyiri Peet convicted the accused after the accused pleaded guilty to the charge.
He handed down the sentence after having considered the brief facts, the guilty plea, plea in mitigation, and public interest.
The offence listed under Section 3(c) of the Private Healthcare Facilities and Services Act 1998 (Act 586) was committed at a premises along Lorong Lau King Howe 1 on Nov 19, 2024, at about 11.00 am.
The Act provides for a fine up to RM500,000, upon conviction.
Prior to passing sentence, the prosecuting officer, Dr Abu Bakar Ismail from the Ministry of Health, pressed for a deterrence penalty to be imposed on the accused, taking into account the public interest factor and the medico-legal implications in the event of medical negligence, as well as to abstain the accused from committing the same offence.
According to him, under the Act 586, any person intends to provide or operate a medical practice premises, it must be provided or operated in a registered or licensed premises granted under Act 586.
This Act 586, he pointed out, was enacted to regulate and control the healthcare premises in terms of building structure and the facilities provided, the services provided and the personnel who will operate the premises.
He explained that the facilities, services and personnel aspect are the important elements that will be evaluated before a healthcare premise will be registered or licensed under Act 586.
“This aims to ensure that the premise reaches the standards set under the Act, specifically to ensure the optimum standard of patient safety and quality of care are not affected.
“Medico-legal implications can also occur in the event of any medical negligence while the premises are not yet registered or licensed but medical services have been provided to patients.
“In this case, the centre provided Enhanced External Counter Pulsation (EECP) treatment in the premises and operated by a general medical practitioner. In order to provide such treatment, the premises must at least be licensed as a private ambulatory care centre and operated by a cardiologist or internal medicine physician,” Dr Abu added.
The accused, represented by a legal counsel, opted to pay the fine.
