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Product Regulation & Liability

Singapore: Ministry of Health investigating healthcare provider’s potential breaches of the Healthcare Services Act

By and 3 Mins Read

In brief

The Ministry of Health (MOH) commenced an investigation on a clinic offering telemedicine services for its allegedly clinically and ethically inappropriate practices.

The MOH has stated that this is a likely breach of the Healthcare Services Act 2020 (HCSA). The medical practitioners engaged by the clinic are also being investigated for breach of the Singapore Medical Council’s (SMC) Ethical Code and Ethical Guidelines.

Key takeaways

  • The investigation commenced by the MOH illustrates that the MOH is vigilant and prepared to take enforcement action against those who are in breach of the HCSA and to publicize details of parties who are allegedly in breach.
  • To avoid regulatory penalties and adverse publicity, healthcare service providers and, in particular, telemedicine services providers, should ensure close compliance with applicable regulations and guidelines.

Background

The MOH regulates the provision of telemedicine services and requires telemedicine service providers to obtain an outpatient medical service license under the HCSA.

The MOH has been fairly active in its enforcement against errant telemedicine service providers, as may be seen from our February 2024 client alert, which sets out details on how the MOH reported its investigations against a clinic for allegedly issuing medical certificates without providing any audio or video consultations.

In its press release of 16 August 2024, the MOH reported that the offending clinic was likely to have routinely engaged in clinically and ethically inappropriate practices in providing its outpatient medical services. The MOH’s investigations revealed the following:

  • Short teleconsultation duration: There were numerous teleconsultations involving video calls of one minute or less in duration, with the shortest being one second. This raises concerns about the safety and quality of medical care provided to patients.
  • Multiple issuances of medical certificates: The same patients were being issued multiple medical certificates over a short period of time. In one instance, 19 medical certificates were issued to one patient in a month.
  • Questionable and poor case note documentation: Corresponding case notes contained detailed information that were inconsistent with the duration of the teleconsultation. In other instances, case notes were extremely sparse, which compromised the continuity of patient care.

The MOH has directed the clinic to stop the provision of outpatient medical services via teleconsultation until further notice.

The MOH also added that it would be auditing and monitoring other licensed providers of outpatient medical services via teleconsultation for compliance with regulatory requirements.

The potential penalties of not complying with statutory obligations under the HCSA and applicable regulations as well as relevant licensing conditions are stringent. The penalties include, amongst others, revocation of the license, suspension of the license, and/or a financial penalty of up to SGD 10,000 for each contravention of a license condition. Company officers may also be found liable for the offense.

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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