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Who will be held accountable if the licensee is an entity?
The Healthcare Services Act 2020 (HCSA) FAQs, Enhanced Governance
Should a non-compliance occur, measures will be taken against the entity, such as through a fine or licence suspension.
Investigations will be conducted and if the contravention, be it connivance, negligence, or by conspiring with others, is traced back to a responsible party from the management, Board, Principal Officer (PO) or Clinical Governance Officer (CGO), Chief Executive, manager, or similar officer or any person purported to act in such capacity, both the individual and the licensee can be prosecuted. This principle is no different from that in PHMCA previously.
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?
Can the individual be held liable under the HCSA for the abuse of patients, acts of dishonesty or poor working attitude etc.?
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Who will be held accountable if the licensee is a company?
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If the PO consults the CGO for clinical matters but eventually makes a decision that deviates from the CGO’s advice, who would be held responsible if a non-compliance occurs?
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