Regulation of Private Healthcare Facilities

Simple Guide to
Cap. 633

Background of
Cap. 633

Implementation
Timetable

Advisory
Committee

Short URL : https://www.orphf.gov.hk/s/2MJOS

Mid 2019
Hospital
Premises where medical practitioners and/or dentists practise

With lodging

Receiving pregnant woman for childbirth or woman immediately after she gives birth to a child

Exclude premises specified in Schedule 2 to Cap.633
Application Arrangement for Licence
The Department of Health started to accept applications for licences for private hospitals under the new regulatory regime from 2 July 2019

Licences under the new regime took effect on 1 January 2021
2020
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)

Not forming part of the premises of a hospital
Application Arrangement for Licence
The Department of Health has started accepting applications for day procedure centre licences from 2 January 2020

First batch of licences took effect on 1 January 2021

Penalty provision pertaining to the operation of a day procedure centre without a licence has commenced on 30 June 2022. Any person operating a day procedure centre without a licence commits an offence and be liable on conviction to a fine of HK$100,000 and to imprisonment for 3 years

Operators of day procedure centres need to comply with requirements under the Ordinance and the new regulatory regime, and apply for licence in accordance with the arrangements announced by the Department of Health

For operators currently holding a provisional licence (those operating a day procedure centre on 30 November 2018 and made an application during the period from 2 January 2020 to 30 April 2020):

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)

The Secretary for Health will appoint by notice published in the Gazette the date on which the transitional arrangement expires. A provisional licence will expire on the appointed date, or when the application for the full licence is approved, withdrawn or rejected. In order to provide sufficient preparation time for the trade, the expiry date of the transitional arrangement will be at least one year after the date on which the notice is published.
To be announced later
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)

Not forming part of the premises of a hospital, a day procedure centre or an outreach facility
Application Arrangement for Licence/Letter of Exemption
Application arrangement for clinic licences and letters of exemption shall be announced later

For operator who has been operating a clinic on 30 November 2018 :

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

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)

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 operator who starts 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 –

is operated by –

a registered medical practitioner or registered dentist as a sole proprietor;

a partnership having not more than 5 partners, each of whom is a registered medical practitioner or a registered dentist; or

a company having not more than 5 directors, each of whom is a registered medical practitioner or a registered dentist;

except the sole proprietor / partners / directors, no other registered medical practitioners or registered dentists practise in the clinic; and

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)