Does the HCSA allow MOH to take action against all key appointment holders in the event of a serious lapse of governance controls e.g., a Hepatitis C outbreak? Under the HCSA, what will be the added governance for action against personnel responsible to prevent the recurrence of serious incidents?
Healthcare Services (General) Regulations, Governance of Licensees
The licensee is accountable and responsible for overall compliance to the HCSA. The licensee cannot delegate accountability and responsibility to the PO or CGO.
In the event of a serious incident, investigations will be conducted to determine the facts and circumstances of the incident.
Depending on the facts disclosed in the investigations, the Key Office holders (such as KAHs, PO or CGO) may be taken to task if there is sufficient evidence to support that the breach of the Act or Regulations is caused by their actions.
MOH also has the power to require licensees to remove key office holders if they are found to be unsuitable persons or lack the necessary skills and competencies to perform their stipulated roles.
Related questions
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?
How will MOH decide when to bring a criminal charge or regulatory action?
Who will be held accountable if the licensee is an entity?
Why is there a need to formalise the role of KAHs? Are the KAHs always held accountable in the event of a breach?
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