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Use of approved permanent premises or approved conveyance for other purposes

Healthcare Services (General) Regulations 2021

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—(1) For the purposes of section 30(1)(c) of the Act and subject to paragraph (3), a licensee may use, or allow any other person to use, the whole or any part of any approved permanent premises or approved conveyance to provide a non-licensable healthcare service specified in the first column of the Fourth Schedule (called in this regulation a specified healthcare service), subject to the condition specified opposite in the second column of that Schedule.(2) For the purposes of section 30(2) of the Act and subject to paragraph (3), a licensee may use, or allow any other person to use, any part (but not the whole) of any approved permanent premises or approved conveyance to provide a service (called in this regulation a co-located service) that is not mentioned in section 30(1) of the Act if the licensee has obtained the prior permission of the Director-General to do so.(3) A licensee mentioned in paragraph (1) or (2) must ensure that —(a)every patient of the licensee who enters into a transaction for the provision of a specified healthcare service or co‑located service makes an independent decision in relation to the transaction; (b)every advertisement relating to the licensee’s licensable service that also advertises a specified healthcare service or co‑located service is in compliance with the requirements in the Healthcare Services (Advertisement) Regulations 2021 (G.N. No. S 1033/2021) that apply to, or in relation to, an advertisement of a licensable healthcare service;(c)every advertisement that advertises a specified healthcare service or co‑located service but not the licensee’s licensable healthcare service must state that the service advertised —(i)is not licensed under the Act; but(ii)is permitted under the Act to be provided at the approved permanent premises or in the approved conveyance where the licensee’s licensable healthcare service is also provided;(d)the provision of the licensee’s licensable healthcare service is not adversely affected, and the privacy and safety of the licensee’s patients is not compromised, by the provision of any specified healthcare service or co‑located service; and(e)if the provision of a specified healthcare service or co‑located service is also for individuals other than the licensee’s patients —(i)there is a clear demarcation of the space used to provide the specified healthcare service or co‑located service; or (ii)where the space cannot be so demarcated —(A)there is a conspicuously displayed signage, or such other means of communication to the licensee’s patients as specified by the Director-General, stating that the specified healthcare service or co‑located service is not licensed under the Act; and (B)there is a written agreement between the licensee and the provider of the specified healthcare service or co‑located service (as the case may be) which stipulates clearly the respective responsibilities of the licensee and the provider in relation to the use of the approved permanent premises or approved conveyance.(4) In paragraph (3)(a), a patient makes an independent decision in relation to a transaction for the provision of a specified healthcare service or co‑located service if —(a)the licensee does not make such transaction a condition for the provision to the patient of a licensable healthcare service, unless otherwise allowed by any written law or the applicable professional ethical guidelines or standards;(b)the licensee does not give the patient any incentive for such transaction that is connected to the provision of a licensable healthcare service; and (c)the licensee does not give the patient any incentive for the provision of a licensable healthcare service that is connected to such transaction.

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