Overview of the Regulation of Private Healthcare Facilities
Private Healthcare Facilities Ordinance (Cap. 633)
The Private Healthcare Facilities Ordinance (Cap. 633) (“PHFO”) was gazetted on 30 November 2018. The Ordinance protects patient safety and rights through the introduction of a new regulatory regime for private healthcare facilities (“PHFs”). Four types of PHFs are subject to regulation, namely hospitals, day procedure centres, clinics and health services establishments. The Government is implementing the regulatory regime in phases based on the types of PHFs and their risk levels.
Simple Guide to the Private Healthcare Facilities Ordinance
Background of the Private Healthcare Facilities Ordinance
Types of private healthcare facilities
- Premises where registered medical practitioners and/or dentists practise; and
- Provides lodging or medical procedures to patients with duration more than 12 hours or provides hospital-only medical procedures stipulated in the “Code of Practice for Day Procedure Centres”.
- Premises where registered medical practitioners and/or dentists practise;
- Provides medical services without lodging;
- Continuous confinement of patients within the facility should not exceed 12 hours;
- Provides scheduled medical procedures (please refer to Section 2 of and Schedule 3 to the PHFO);
- Not providing the hospital-only medical procedures stipulated in the “Code of Practice for Day Procedure Centres”; and
- Not forming part of the premises of a hospital.
- Premises where registered medical practitioners and/or dentists practise;
- Provides medical services without lodging;
- Continuous confinement of patients within the clinic should not exceed 12 hours;
- Not providing scheduled medical procedures (please refer to Section 2 of and Schedule 3 to the PHFO) or the hospital-only medical procedures stipulated in the “Code of Practice for Day Procedure Centres”; and
- Not forming part of the premises of a hospital, a day procedure centre or an outreach facility.
Clinic Licence Application Exemption for Small Practice Clinic
Note
If a scheduled medical procedure is / will be conducted in a private healthcare facility, the operators of the facility need to obtain a Day Procedure Centre licence.
Implementation Timetable
Offences and Maximum Penalties under Private Healthcare Facilities Ordinance
| Contrary to the Ordinance | Offence | Type of PHF (Party Liable) |
Fine (Daily Fine)△ |
Imprisonment |
|---|---|---|---|---|
| Sections 10(1) and 10(3) | Operating a private healthcare facility (PHF) without a licence | Hospital (Any Person) |
$5,000,000 | 5 years |
| Day Procedure Centre (Any Person) |
$100,000 | 3 years | ||
| Sections 11(1) and 11(2) | Failing to display the current certificate of licence for a PHF in a conspicuous place in the facility | Hospital (Licensee) |
$100,000 | - |
| Non-hospital PHF (Licensee) |
$25,000 | - | ||
| Sections 32(1) and 32(2) | Failing to comply with an order to suspend a licence for a PHF issued on the ground of operating an unauthorised type of PHF | Operated as Hospital (Licensee of non-hospital PHF) |
$5,000,000 | 5 years |
| Sections 33(1) and 33(2) | Failing to comply with an order to suspend a licence for a PHF on a ground other than operating an unauthorised type of PHF | All (Licensee) |
$100,000 | 3 months |
| Sections 34(1) and 34(2) | Failing to comply with an order to suspend a facility service in a PHF | Hospital (Licensee) |
$1,000,000 | 2 years |
| Non-hospital PHF (Licensee) |
$100,000 | 3 months | ||
| Sections 35(1) and 35(3) | Failing to make a request in writing to cancel a licence of a PHF | Hospital (Licensee) |
$100,000 | 1 year |
| Non-hospital PHF (Licensee) |
$25,000 | 3 months | ||
| Sections 35(4)(b) and 35(5) | Failing to comply with a requirement imposed for the cancellation of the licence for a PHF | Hospital (Licensee) |
$100,000 | 1 year |
| Non-hospital PHF (Licensee) |
$25,000 | 3 months | ||
| Sections 49(1) and 49(5) | Failing to appoint a chief medical executive for a PHF | Hospital (Licensee) |
$100,000 ($10,000 per day) |
- |
| Non-hospital PHF (Licensee) |
$25,000 ($2,000 per day) |
- | ||
| Sections 49(4) and 49(5) | Failing to notify any change of a chief medical executive for a PHF | Hospital (Licensee) |
$100,000 ($10,000 per day) |
- |
| Non-hospital PHF (Licensee) |
$25,000 ($2,000 per day) |
- | ||
| Sections 57(1) and 57(2) | Failing to establish and keep in operation a Medical Advisory Committee for a PHF | Hospital/ Certain Clinics (Licensee) |
$100,000 ($10,000 per day) |
- |
| Sections 93(1) and 93(2) | Making false or misleading statements or representations | All (Any person) |
$100,000 | 2 years |
| Sections 112(2), 112(5) and 112(6) | Failing to provide or produce any information or document required for investigation on contravention | All (Any person) |
$25,000 ($2,000 per day) |
- |
| Sections 112(2), 112(7) and 112(8) | Providing false or misleading information or document required for investigation on contravention | All (Any person) |
$100,000 | 2 years |
| Sections 117(1) and 117(2) | Obstructing the Director of Health or an authorized officer in performing functions | All (Any person) |
$100,000 ($10,000 per day) |
2 years |
| Sections 118(1), 118(6) and 118(7) | Failing to provide any information required by Health Bureau | All (Licensee) |
$25,000 ($2,000 per day) |
- |
△ In the case of a continuing offence, a further daily fine during which the offence continues