Private Healthcare Facilities Ordinance (Cap. 633) (PHFO)
The PHFO regulates premises where registered medical practitioners and/or registered dentists practise. Under the PHFO, four types of private healthcare facilities (PHFs) are subject to regulation, namely hospitals, day procedure centres (DPCs), clinics, and health services establishments. Operators of the above four types of PHFs need to obtain a relevant licence or a letter of exemption in order to continue their operation.
Definition of Clinic
A clinic is any premises where registered medical practitioners and/or registered dentists practise-
- that do not form part of the premises of a hospital, a day procedure centre or an outreach facility;
- that are used, or intended to be used, for providing medical services to patients, without lodging; or carrying out minor medical procedures on patients, without lodging;
- that do not provide to any person a medical procedure that may require the person's continuous confinement within the facility for more than 12 hours; and
- that do not perform any Scheduled Medical Procedures (refer to column 2 of Schedule 3 to the PHFO)
Scheduled Medical Procedures
Scheduled medical procedure means a medical procedure-
- that is described in column 2 of Schedule 3 to the PHFO;
- that is not a medical procedure described in column 3 of Schedule 3 to the PHFO; and
- that is carried out in an ambulatory setting.
If a scheduled medical procedure is / will be conducted in a private healthcare facility, the operators of the facility need to obtain a DPC licence.
Types of licence or letter of exemption
Provisional clinic licence
As a transitional arrangement, clinics in operation on 30 November 2018 and apply for a licence within the period from 13 October 2025 to 13 April 2026 (both dates inclusive) will be issued with a provisional clinic licence, if the conditions under section 136(2) of the PHFO are met. Clinics issued with a provisional clinic licence may continue to operate legally until the application for full licence is approved, withdrawn or rejected, or the Secretary for Health appoints by notice published in the Gazette the date on which the transitional arrangement expires.
Full clinic licence
As for clinics which commenced operation after 30 November 2018 (including those which started businesses or moved to new premises), operators can directly apply for a full licence from 13 October 2025 onwards.
Letter of exemption for small practice clinic (SPC)
The definition of an SPC is stipulated in section 41 of the PHFO.
- An SPC must be operated only by registered medical practitioner(s) and/or registered dentist(s).
- The operation may be in the form of a sole proprietorship, a partnership, or a company.
- No registered medical practitioners or dentists other than the operator(s) can serve the clinic (except for locum arrangement).
Moreover, the following three conditions must also be met:
- Number of medical practitioners or dentists:
- If the SPC is operated under a sole proprietorship, the sole proprietor must be a registered medical practitioner or a registered dentist;
- If the SPC is operated under a partnership or a company, there can only be a maximum of five partners or company directors, and all partners or company directors must be registered medical practitioners or registered dentists.
- The right to use the premises:
- The sole proprietor of the sole proprietorship; at least one partner of the partnership; the company or at least one director of the company shall have the exclusive right to use the premises forming the SPC. Sub-lease is not allowed.
- Locum arrangement:
- For every registered medical practitioner or registered dentist operating the SPC, the total number of locum days for which another registered medical practitioner or registered dentist takes up the duties of the individual must not exceed 60 days in a calendar year;
- In addition, the aggregate number of locum days for all the partners or directors operating the clinic must not exceed 180 days in a calendar year.
Each registered medical practitioner or registered dentist may operate up to three SPCs with valid exemption at the same time.
In addition, the clinic must comply with sections 66 and 67 of the PHFO:
- Be a distinct and exclusive unit that is able to perform its function independently;
- Be physically separated from any premises that serve a purpose not reasonably incidental to the facility; and
- Have a direct and separate entrance.
Application for a licence / letter of exemption
- Proceed to apply for a licence (Application to be started on 13 October 2025)
- Proceed to request for a letter of exemption (Request to be started on 13 October 2025)
Application for Clinic Licence and Request for Letter of Exemption for Small Practice Clinic Start on 13 October 2025
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