The private health care services are as follows:

(a) private clinic service:

(1) private general clinic service;

(2) private specialist clinic service;

(b) private hospital service:

(1) private general hospital service;

(2) private specialist hospital service;

(c) private maternity home service;

(d) private diagnostic service;

(e) private nursing home service;

(f) private mobile health care service;

(g) private health care agency;

(h) private general health care service.

The private hospital shall be in conformity with the following characteristics:-

(a) having sufficient specific land area and constructing at the place permitted; 

(b) the structural design and partition of rooms being in conformity with stipulated standards; 

(c) having arrangement to keep the interior, exterior and premises of the hospital clean and tidy in conformity with health; 

(d) having arrangement to carry out 24 hours suty by the stipukated health care service providers; 

(e) having arrangement to carry out 24 hours duty by the stipulated health care service providers; 

(f) enabling to provide emergency life-saving health care service to patients;

(g) having disinfected and well-equipped operation theatre for operation out-patient or in-patient; 

(h) having equipment and medicines in conformity with stipulated standard; 

(i) enabling diagnosis of disease according to the class and type of hospital; 

(j) having patient referral system;

(k) having arrangement for the safe blood transfusion; 

(l) maintaining the systematic medical record; 

(m) having accountable supervisory and administrative system according to the class and type of hospital

(n) carrying out for not affecting the environment, non-dissemination of infectious disease and systematic disposal  of waste according to the stipulated standard;

(o) having arrangement for obtaining safe drinking water and water for domestic use sufficiently; 

(p) constructing a systematic water supply and sewage system; 

(q) having systematic arrangements for preventive measures for disaster and emergency rescue; 

(r) having good communication system; 

(s) having arrangement to obtain 24 hour electricity;

(t) having stipulated arrangement for deceased patients; 

(u) carrying out other requirements stipulated by the Central Body from time to time.

The private clinic shall be in conformity with the following characteristics:-

(a) being a building or room having suitable area;

(b) providing treatment only to out-patient, having no permission to admit in-patient; 

(c) having arrangement to keep the interior and exterior of the clinic clean and tidy in conformity with health;

(d) having patient referral system;

(e) maintaining the systematic medical record;

(f) carrying out for not affecting the environment, non-dissemination of infectious disease and systematic disposal of waste according to the stipulated standard; 

(g) having arrangement for obtaining safe drinking water and water for domestic use sufficiently; 

(h) constructing a systematic water supply and sewage system; 

(i) providing health care services by stipulated health care service providers;

(j) carrying out other requirements stipulated by the Central Body from time to time.

The private maternity home shall be in conformity with the following characteristics:-

(a) having specific premises and specific building;

(b) having arrangement to provide 24 hour health care for maternity patients and new-born children; 

(c) arranging to keep the interior, exterior and premises of the maternity home clean an tidy in conformity with health; 

(d) enabling to provide emergency life-saving health care service to patients;

(e) having disinfected well-equipped operation theatre for operating the out-patient or in-patient; 

(f) having equipment and medicines in conformity with stipulated standard; 

(g) having patient referral system;

(h) Cancel;

(i) maintaining the systematic medical record;

(j) carrying out for not affecting the environment, non-dissemination of infectious disease and systematic disposal of waste according to the stipulated standard; 

(k) having arrangement for obtaining safe drinking water and water for domestic use sufficiently; 

(l) constructing a systematic water supply and sewage system; 

(m) having systematic arrangement for preventive measure for disease and emergency rescue; 

(n) having good communication system;

(o) having arrangement to obtain 24 hours electricity;

(p) providing health care services by stipulated health care service providers;

(q) carrying out other requirements stipulated by the Central Body from time to time.

A person desirous of constructing a new building or renovating the existing building for establishing any private health care services other than private mobile health care service an private health care agency shall, to obtain prior permission, apply to the relevant Township Supervisory Committee tohether with the recommendation of the relevant development committee or development body in accordance with the stipulations mentioning the following facts: - 

(a) the health care service to be established;

(b) location, area and address of the service to be established; 

(c) land and buildings surrounding the location;

(d) constitution of building and room;

(e) health care programme;

(f) other requirements stipulated by the Central Body from time to time.

A person desirous of establishing any private health care services shall:-

(a) apply to the relevant Township Supervisory Committee in accordance with the stipulations to obtain license for private health care services which he desire to carry out;

(b) if it is an application of license for any private health care services other than private mobile health care service and private health care agency, submit together with the prior permission issued under sub-section (b) of section 13 or section 14.

A person who obtain a license for any private health care services shall:-

(a) comply with the terms and conditions of the license;

(b) comply with the notifications, orders and directives issued by the Central Body, Ministry of Health and the Department of Health from time to time; 

(c) perform the duties assigned by the Ministry of Health when necessary in case of emergency situation of health.

(a) A person who obtains a license for any private health care services shall, when desirous of continuing his service after the expiry of the term of license at least 60 days in advance to the relevant Township Supervisory Committee to extend the term of license, in accordance with the stipulations; 

(b) The Central Body and the different levels of the supervisory committee shall perform in accordance with the stipulations in respect of the application to extend the term of license under sub-section (a).

A person who obtain the license for any private health care services shall, if desirous of transferring or leasing the license to another person, apply in accordance with the stipulations to the relevant Central Body or State and Divisional Supervisory Committee which is  authorized to issue the license.

The duties and obligations of the person-in-charge and health care service provider are  as follows:

(a) providing health care mainly for the requirement of patient’s health;

(b) complying in accordance with the notifications, orders and directives issued by the Central Body, the Ministry of Health and the Department of Health; 

(c) complying in accordance with the existing laws, rules, notifications, orders and directives relating to health; 

(d) complying with the exercising the modern and developed medical technology and methods in  accordance with the directives issued by the Central Body;

(e) complying in accordance with the directives relating to the highly infectious disease and criminal cases stipulated by the Ministry of Health, from time to time;

(f) if necessary, referring in time to the relevant specialist, department and hospital aiming for the benefit of the patient; 

(g) providing life-saving treatment for any emergency patient and making referral if necessary;

(h) providing high quality service to the public at fair service charge

(i) complying with the directives of the Private Health Care Quality Control and Promotion Body and the different levels of supervisory committee; 

(j) laying down plans to be able to appease the dissatisfaction of health care user; 

(k) forming the administrative sub-body, the sub-body for quality control and promotion and other necessary sub-bodies as may be required according to the size and type of hospital; 

(l) keeping confidential of the patient’s personal health matter except on official request of the relevant government department and organization; 

(m) obtaining permission of the Ministry of Health, if it is required to do research by making use of patients;

(n) paying stipulated taxes and revenues regularly; 

(o) avoiding from performing any other services without permission or license, in carrying out private health care services permitted under the relevant license.

If the private health care services license holder fails to comply with any duty contained in section 19 or has been convicted for committing any offence contained in this Law or if the person-in-charge fails to comply with the duties and obligations contained in section 25, the Central Body and the State and Divisional Supervisory Committee authorized to issue license for relevant private health care service, may pass any of the following administrative orders on the relevant license holder: 

(a) warning;

(b) imposing the stipulated fine;

(c) suspension of the license for a limited period;

(d) cancellation of the license.

Whoever carries out the private hospital service without license may, on conviction, be punished with imprisonment of a term which may extend from a minimum of 1 year to a maximum of 5 years and may also be liable to a fine.

Whoever carries out the private maternity home service or private clinic service without license shall, on conviction, be punished with imprisonment for a term which may extend from a minimum of 6 months to a maximum of 3 years and may also be liable to a fine.

Whoever perform any other health care services except private hospital service, private maternity home service and private clinic service without license shall, on conviction, be punished with imprisonment for a term which may extend from a minimum of 3 months to a maximum of 1 year and may also liable to fine.

Whoever has obtained license:-

(a) in carrying out services at the place permitted under relevant license, by virtue of the private health care services carries out any other services without permission or license with the exception of the matter prohibited under any existing law shall, on conviction, be punished with imprisonment for a term which may extend from a minimum of 1 year to a maximum of 5 years and may also be liable to a fine; 

(b) in carrying out services at the place permitted under relevant license by virtue of the private health care services, violates the matter prohibited under any existing law shall, on conviction, be punished under relevant existing law.

Whoever transfers or hires a license that he has obtained under this Law to another person without the permission of the Central Body or state and Divisional Supervisory Committee authorized to issue the relevant license shall, on conviction, be punished with imprisonment for a term not exceeding 3 years or with fine or with both.

(a) The person injured due to the negligent act of the person-in-charge or health care service provider at any private health care services, ay sue the relevant person-in-charge or health care service provider under the Law of Tort to obtain damages for his injury; 

(b) The person-in-charge or health care service provider, sued under sub-section (a), shall not be exempted from administrative action taken under any relevant existing law.