ENFORCEMENT FOR BETTER PUBLIC HEALTH ; WHAT DOES IT TAKES…..

DR. NIK SHAMSIDAH BINTI NIK IBRAHIMPUBLIC HEALTH MEDICINE SPECIALIST

M.D. (Indonesia), DRM (Malaya), MPH (Malaya)MBA - Health Management (UKM),DrPH (Health Management) (UKM)

CONTENTS• UNDERSTANDING THE LAW WITH

EXAMPLES• FUTURE REQUIREMENTS AND

CONCLUSION

UNDERSTANDING THE LAW• INTERPRETATION• POWERS OF ENFORCEMENT OFFICER• EVIDENCE• PENALTIES

INTERPRETATION• POISON ACT 1952 (REVISED 1989)

• DRUG ENFORCEMENT OFFICER – REGISTERED PHARMACIST IN THE PUBLIC SECTOR AUTHORIZED UNDER SECTION 31(1) BY THE LICENSING OFFICER

• LICENSING OFFICER – DG, DIRECTOR OF PHARMACEUTICAL SERVICES, OR THE DIRECTOR OD MEDICAL AND HEALTH SERVICES OF ANY STATE APPOINTED IN WRITING BY THE DG (SECTION 26)

• LICENSED PHARMACIST• LICENSED RETAILER• LICENCES WHOLESALER

• POISON• ETC…..

INTERPRETATION• FOOD ACT 1983

• ADVERTISEMENT‖ INCLUDES ANY REPRESENTATION BY ANY MEANS WHATSOEVER FOR THE PURPOSES OF PROMOTING DIRECTLY OR INDIRECTLY THE SALE OR OTHER DISPOSAL OF ANY FOOD

• AUTHORIZED OFFICER‖ - ANY MEDICAL OFFICER OF HEALTH OR ANY ASSISTANT ENVIRONMENTAL HEALTH OFFICER OF THE MOH OR OF ANY LOCAL AUTHORITY, OR ANY SUITABLY QUALIFIED PERSON, APPOINTED BY THE MINISTER UNDER SECTION 3

INTERPRETATION•FOOD ACT 1983

• TOBACCO - ANY PRODUCT OBTAINED FROM THE LEAF OF THE NICOTIANA TOBACUM PLANT OR OTHER RELATED PLANTS AND INCLUDES ANY TOBACCO PRODUCT

• TOBACCO PRODUCT‖ MEANS TOBACCO, CIGARETTE OR CIGAR OR ANY OTHER FORM OF TOBACCO INCLUDING ANY MIXTURE CONTAINING TOBACCO WHICH IS DESIGNED FOR HUMAN CONSUMPTION BUT EXCLUDES ANY MEDICINAL PRODUCT FOOD CONTROLLED UNDER THE POISONS ACT 1952 [ACT 366] OR THE CONTROL OF DRUGS AND COSMESTICS REGULATIONS 1984 [P.U. (A) 223/ 1984]

INTERPRETATION• PRIVATE HEALTHCARE FACILITIES AND SERVICES ACT

1998• LICENSEE - A PERSON TO WHOM A LICENCE TO OPERATE OR

PROVIDE A PRIVATE HEALTHCARE FACILITY OR SERVICE OTHER THAN A PRIVATE MEDICAL CLINIC OR PRIVATE DENTAL CLINIC GRANTED UNDER PARAGRAPH 19(A)

• PREMISES - ANY PLACE, BUILDING OR VEHICLE, WHETHER PERMANENT OR TEMPORARY

• PRIVATE HEALTHCARE FACILITY - ANY PREMISES, OTHER THAN A GOVERNMENT HEALTHCARE FACILITY, USED OR INTENDED TO BE USED FOR THE PROVISION OF HEALTHCARE SERVICES OR HEALTH-RELATED SERVICES, SUCH AS A PRIVATE HOSPITAL, HOSPICE, AMBULATORY CARE CENTRE, NURSING HOME, MATERNITY HOME, ...... AND SUCH OTHER HEALTHCARE OR HEALTH-RELATED PREMISES AS THE MINISTER MAY FROM TIME TO TIME, BY NOTIFICATION IN THE GAZETTE, SPECIFY – SECTION 3

• ETC

POWERS OF ENFORCEMENT OFFICER

• POISON ACT 1952 (REVISED 1989)• POWERS OF INVESTIGATION,

EXAMINATION AND ENTRY INTO PREMISES – SECTION 31

POWERS OF ENFORCEMENT OFFICER

• FOOD ACT 1983• POWERS OF AUTHORIZED OFFICERS -

SECTION 4• POWER TO TAKE SAMPLE – SECTION 5• POWER TO CALL FOR INFORMATION –

SECTION 8• POWER TO COMPOUND – SECTION 33• POWER TO MAKE REGULATIONS – SECTION

34

POWERS OF ENFORCEMENT OFFICER

• PHFSA 1998 • POWER OF INSPECTOR TO ENTER AND

INSPECT – SECTION 88• POWER TO SEARCH AND SEIZE – SECTION

89• SEARCH AND SEIZURE WITHOUT WARRANT

– SECTION 90• POWER TO SEAL – SECTION 91• POWER TO REQUIRE INFORMATION AND

EXAMINE PERSONS – SECTION 92

EVIDENCE• POISON ACT 1952 (REVISED 1989)

• PERSONS PROVIDING THE SERVICES –IMPORTER, WHOLESALER, RETAILER

• PRODUCTS

EVIDENCE• FOOD ACT 1983

• APPLICATION TO TOBACCO, ETC. – SECTION 36• APPLICABLE TO TOBACCO, CIGARS, CIGARETTES, SNUFF,

AND OTHER LIKE SUBSTANCE IN THE SAME MANNER AS THE PROVISIONS APPLY TO FOOD – SECTION 36 (1)

• REGULATIONS – SECTION 36 (2)• A) PROHIBITION AGAINST ADVERTISING OR SPONSORSHIP OF TOBACCO

PRODUCTS; • (B) MODE OF LABELLING OF CIGARETTE CONTAINERS AND THE

MATTERS TO BE CONTAINED OR NOT TO BE CONTAINED IN SUCH LABELS;

• (C) PROCEDURE FOR THE TAKING OF SAMPLES OF TOBACCO PRODUCTS (D) THE PROHIBITION AGAINST SMOKING OF TOBACCO PRODUCTS IN SPECIFIED BUILDINGS AND THE DECLARATION OF ANY PLACE AS A NO SMOKING PLACE AND FOR NOTICES TO BE PLACED AT SUCH PLACE;

• (E) PROHIBITION AGAINST THE SALE TO, OR HAVING IN POSSESSION, BUYING, SMOKING OR CHEWING BY, PERSONS BELOW THE AGE OF EIGHTEEN YEARS OF TOBACCO PRODUCTS; AND

• (F) ANY OTHER MATTER WHICH THE MINISTER DEEMS EXPEDIENT OR NECESSARY

EVIDENCE• PHFSA 1998

• SERVICES RENDERED

PENALTIES• POISON ACT 1952 (REVISED 1989)

• 1) ANY PERSON WHO WILFULLY FAILS TO KEEP ANY BOOK REQUIRED TO BE KEPT UNDER THIS ACT OR UNDER ANY REGULATION MADE THEREUNDER ……. BE GUILTY OF AN OFFENCE - FINE NOT EXCEEDING FIVE THOUSAND RINGGIT OR BY IMPRISONMENT FOR A TERM NOT EXCEEDING TWO YEARS OR BOTH.

• (2) ANY PERSON GUILTY OF AN OFFENCE AGAINST THIS ACT, FOR WHICH NO OTHER PENALTY IS SPECIFICALLY PROVIDED BY THIS ACT OR BY ANY REGULATIONS - FINE NOT EXCEEDING THREE THOUSAND RINGGIT OR BY IMPRISONMENT FOR A TERM NOT EXCEEDING ONE YEAR OR BOTH.

• (3) WHERE A PERSON CHARGED WITH AN OFFENCE AGAINST THIS ACT OR OFANY REGULATION MADE THEREUNDER IS A BODY CORPORATE EVERY PERSON WHO, AT THE TIME OF THE COMMISSION OF SUCH OFFENCE, IS A DIRECTOR OR OFFICER …..DEEMED TO BE GUILTY OF SUCH OFFENCE UNLESS HE PROVES THAT THE OFFENCE WAS COMMITTED WITHOUT HIS KNOWLEDGE OR THAT HE TOOK REASONABLE PRECAUTIONS TO PREVENT ITS COMMISSION.

• (5) ANY POISON IN RESPECT OF WHICH AN OFFENCE AGAINST THIS ACT HAS BEEN COMMITTED SHALL BE FORFEITED AND DELIVERED TO THE DIRECTOR-GENERAL OF HEALTH FOR DISPOSAL.

• (6) EVERY PENALTY OR FORFEITURE IMPOSED UNDER THIS ACT SHALL BE IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, ANY OTHER PENALTY TO WHICH THE ACCUSED MAY BE LIABLE UNDER ANY OTHER LAW, AND NO CONVICTIONUNDER THIS ACT SHALL BE PLEADED IN ANY CIVIL PROCEEDINGS IN MITIGATION OF DAMAGES CLAIMED AGAINST THE PERSON CONVICTED.

PENALTIES•FOOD ACT 1983

• CLOSURE OF PREMISES• FINE, IMPRISONMENT OR BOTH• COMPOUND

PENALTIES• PHFSA 1998

• UNLICENSED AND UNREGISTERED PRIVATE HEALTHCARE FACILITY OR SERVICE – SECTION 5

• (A) IN THE CASE OF AN INDIVIDUAL PERSON –• (I) TO A FINE NOT EXCEEDING THREE HUNDRED THOUSAND

RINGGIT OR TO IMPRISONMENT FOR A TERM NOT EXCEEDING SIX YEARS OR TO BOTH; AND

• (II) FOR A CONTINUING OFFENCE, TO A FINE NOT EXCEEDING ONE THOUSAND RINGGIT FOR EVERY DAY OR PART OF A DAY DURING WHICH THE OFFENCE CONTINUES AFTER CONVICTION; AND

• (B) IN THE CASE OF A BODY CORPORATE, PARTNERSHIP OR SOCIETY –

• (I) TO A FINE NOT EXCEEDING FIVE HUNDRED THOUSAND RINGGIT; AND

• (II) FOR A CONTINUING OFFENCE, TO A FINE NOT EXCEEDING FIVE THOUSAND RINGGIT FOR EVERY DAY OR PART OF A DAY DURING WHICH THE OFFENCE CONTINUES AFTER CONVICTION.

PENALTIES• PHFSA 1998

• SUSPENSION AND REVOCATION OF APPROVAL AND LICENCE, REFUSAL TO RENEW THE LICENCE, AND SUSPENSION, AND REVOCATION OF REGISTRATION –PART VIII

• SHOW CAUSE – SECTION 43• GROUNDS FOR SUSPENSION, ETC. RELATING TO

ADMINISTRATION OF PRIVATE HEALTHCARE FACILITY OR SERVICE. – SECTION 44

• GROUNDS FOR SUSPENSION, REVOCATION, REFUSAL TO RENEW LICENCE, ETC., RELATING TO QUALIFICATION OF SOLE PROPRIETOR –SECTION 45

• GROUNDS FOR SUSPENSION, REVOCATION, OR REFUSAL TO RENEW APPROVAL, LICENCE OR CERTIFICATE OF REGISTRATION. – SECTION 46

• ADDITIONAL GROUNDS. – SECTION 47

FUTURE REQUIREMENTS AND CONCLUSION

• THINGS TO CONSIDER WHEN INTRODUCING A BILL OR AMENDING AN ACT

• PURPOSE• INTERPRETATIONS• POWERS

• PERSON GIVEN THE POWER• MINISTER• DIRECTOR GENERAL• ENFORCEMENT OFFICER• OTHERS – EG. COURT, POLICE, IMMIGRATION ETC

• TYPE OF POWER• AS MENTIONED IN THE ABOVE EXAMPLE• WHAT TO COVER

FUTURE REQUIREMENTS AND CONCLUSION

• THINGS TO CONSIDER WHEN INTRODUCING A BILL OR AMENDING AN ACT

• EVIDENCE• OBTAINING EVIDENCE - PROCEDURES• STORAGE OF EVIDENCE• SECURITY OF EVIDENCE• OTHERS

• PENALTIES• WHO• WHAT• FINE? / IMPRISONMENT

THANK YOU