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Private Healthcare Facilities Ordinance

Implementation Plan and Timeline

Type of Private Healthcare Facility Definition Application Arrangement for Licence/Letter of Exemption

Hospital

  • Premises where medical practitioners and/or dentists practise
  • With lodging


  • Applications for licences for private hospitals under the new regime will commence in mid-2019

  • Licences under the new regime are anticipated to take effect in early 2021


Day procedure centre

  • Premises where medical practitioners and/or dentists practise
  • Without lodging
  • Providing "scheduled medical procedures" (please refer to section 2 of and Schedule 3 to the Ordinance)


  • Applications for licences for day procedure centres are anticipated to commence in 2020

  • First batch of licences is anticipated to take effect in early 2021

  • For operators who are operating a day procedure centre on 30 November 2018 :
    1. On receipt of the operator’s application for a full licence, the Director of Health must issue a provisional licence to the operator if the Director is satisfied that certain conditions are met
    2. The provisional licence allows the day procedure centre concerned to continue to operate during the transitional period under the new regulatory regime before it is qualified for a full licence (Please refer to section 135 of the Ordinance)

  • For operators who start operating a day procedure centre after 30 November 2018 :
  • They will need to comply with requirements under the new regulatory regime, and aim to apply for full licences in accordance with the arrangements announced by the Department of Health and requirements stipulated under the Ordinance


Clinic

  • Premises where medical practitioners and/or dentists practise
  • Without lodging
  • Not providing “scheduled medical procedures” (please refer to section 2 of and Schedule 3 to the Ordinance)


  • Applications for clinic licences and letters of exemption are anticipated to commence in 2021 at the earliest

  • Arrangements for licences to take effect will be announced in due course

  • For operators who are operating a clinic on 30 November 2018 :
    1. On receipt of the operator’s application for a full licence, the Director of Health must issue a provisional licence to the operator if the Director is satisfied that certain conditions are met
    2. The provisional licence allows the clinic concerned to continue to operate during the transitional period under the new regulatory regime before it is qualified for a full licence (Please refer to section 136 of the Ordinance)
    3. During the validity period of its provisional licence, a clinic is not required to comply with the requirements on separate entrance under section 67 of the Ordinance, subject to certain conditions (Please refer to section 138 of the Ordinance)

  • For operators who start operating a clinic after 30 November 2018:
  • They will need to comply with requirements under the new regulatory regime, and aim to apply for full licences or letters of exemption in accordance with the arrangements announced by the Department of Health and requirements stipulated under the Ordinance

  • Exemption arrangements for small practice clinics
  • Under the Ordinance, a small practice clinic refers to a clinic which –
    1. is operated by –
      1. a registered medical practitioner or registered dentist as a sole proprietor;
      2. a partnership having not more than 5 partners, each of whom is a registered medical practitioner or a registered dentist; or
      3. a company having not more than 5 directors, each of whom is a registered medical practitioner or a registered dentist;
    2. except the sole proprietor/partners/directors, no other registered medical practitioners or registered dentists practise in the clinic; and
    3. the sole proprietor/partner(s)/director(s)/company has/have the exclusive right to use the premises forming the clinic
  • Operator(s) of a small practice clinic may ask the Department of Health for a letter of exemption to operate the clinic without a licence. Under the new regime, each registered medical practitioner or registered dentist may operate at most three small practice clinics with valid exemption at the same time (Please refer to Part 4 of the Ordinance)

 

  Last Revision Date : 20 Dec 2018