Kota Kinabalu: A private ambulatory care centre was fined RM55,000 for illegally providing ambulatory services, two years ago.
Sessions Court Judge Marlina Ibrahim imposed the sentence on Healing Heart PLT after one of its director pleaded guilty to the charge against the centre on Monday.
The centre was found provided the private ambulatory care centre without being licensed under paragraph 19(a) of the Private Healthcare Facilities and Services Act 1998 [Act 586] at KK Times Square Off Coastal Highway on June 12, 2024.
The centre comitted the offence under Section 3 (c) of the Private Healthcare Facilities and Services Act 1998 (Act 586) and punishable under Section 5 (1) (b) of the same Act carries a fine of up to RM500,000, on conviction.
During mitigation, counsel Martin Tommy who defended the director of the centre, asked for a lower amount of fine to be imposed on the centre.
However, Prosecuting Officers Anis Nadia Ahmad Lathpi who together with Dr Sirena Anne Maiks from Malaysia Health Ministry, appeared for the prosecution, urged the court to impose a deterrent sentence on the centre taking into account of 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.
Anis submitted that the centre had provided the private ambulatory care centre without being licensed under Act 586 on the date of the raiding stated on charge.
“Under this 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.
These Act 586 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.
“The facilities, services and personnel aspects 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 this 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 their premises and operated by a general medical practitioner. In order to provide such treatment, the premises at least licenced as private ambulatory care centre and operate by a Cardiologist or Internal Medicine Physician,” said Anis.
The court heard that during the raid which carried out by a team from the Prvate Medical Practice Control Branch of the State Health Department, found that three staff and one patient was on treatment at that time.
Upon checking the centre, the team had seized 14 items including documents, machines and equipment.
Further investigations, the centre was found had provided private ambulatory care centre without being licensed under paragraph 19(a) of the Private Healthcare Facilities and Services Act 1998 [Act 586].
