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Can the individual be held liable under the HCSA for the abuse of patients, acts of dishonesty or poor working attitude etc.?
The Healthcare Services Act 2020 (HCSA) FAQs, Approval of employment/engagement of individuals
No, the individual will not be held liable under the HCSA. Criminal acts already fall under the purview of relevant legislations such as the Penal Code.
Non-criminal acts such as poor working attitude will be left to the licensee’s discretion to take the necessary disciplinary actions.
However, the licensee may be held overall liable for failure to ensure patient safety in the provision of the service.
Related questions
The majority of the offences in the HCSA are offences of strict liability. Does this mean that licensees would automatically be guilty of an offence, even though the breach or non-compliance with the law could be completely unintentional or merely technical?
Will there be regulations introduced to ensure healthcare workers’ safety from abusive patients and relatives?
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Who will be held accountable if the licensee is an entity?
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Can third parties be held liable for not complying with stipulated requirements for the advertisement of licensable healthcare services?
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