Phase 2 of Healthcare Services Act 2020 comes into force on 26 June 2023: Licensing of teleconsultation services by doctors and dentists

27 June 2023

Pursuant to the relevant commencement notifications, Phase 2 of the Healthcare Services Act 2020 (“HCSA”) and further amendments to the HCSA came into force on 26 June 2023.

Key amendments to the HCSA include the introduction of an approval framework for service delivery modes and specified services, removal of the concept of a special licensable healthcare service, regulation of the advertisement of non-licensable healthcare services, and restrictions on the use of the title “Doctor” in advertisements of healthcare services.

Various subsidiary legislation also came into force on 26 June 2023 including the following:

  • Healthcare Services (Outpatient Dental Service) Regulations 2023
  • Healthcare Services (Outpatient Renal Dialysis Service) Regulations 2023
  • Healthcare Services (Outpatient Medical Service) Regulations 2023
  • Healthcare Services (Ambulatory Surgical Centre Service) Regulations 2023
  • Healthcare Services (Nuclear Medicine Service) Regulations 2023
  • Healthcare Services (Human Tissue Banking Service) Regulations 2023
  • Healthcare Services (Collaborative Prescribing Service) Regulations 2023

The full suite of subsidiary legislation issued is available on Singapore Statutes Online sso.agc.gov.sg, or by clicking here.

Phase 2 implementation

In May 2023, the Ministry of Health (“MOH”) updated its website www.moh.gov.sg to inform that Phase 2 of the HCSA will be implemented on 26 June 2023 and reminded all healthcare providers delivering medical or dental services from premises apart from clinics, as well as via teleconsultation, that they are required to hold a HCSA licence by the same day.

Under Phase 2 implementation of the HCSA, healthcare services which were not previously licensed under the Private Hospitals and Medical Clinics Act 1980 (“PHMCA”), including medical/dental services delivered from premises apart from clinics, and teleconsultation services by doctors or dentists, will now be licensed. The following types of service providers would be required to hold a HCSA licence:

  • Home medical/dental and home palliative care service providers;
  • Medical or specialist clinics that engage or employ doctors to offer teleconsultation services;
  • Telemedicine platform companies that engage or employ doctors to provide teleconsultation services;
  • Individual doctors that offer teleconsultation services in their own professional capacity;
  • Doctors or dentists who offer home medical/dental care in their own professional capacity; and
  • Medical or dental practitioners who provide services outside of permanent clinic settings e.g. workplaces, community clubs, ad-hoc tentages.

In an MOH press release dated 18 May 2023 and titled “Phase 2 of Healthcare Services Act to start on 26 June 2023”, MOH urged healthcare providers who (i) were not holding a PHMCA licence, and (ii) were providing or would like to provide medical/dental care services delivered from premises apart from clinics and/or teleconsultations by doctors/dentists to submit an online form by 31 May 2023 to indicate that they would like to obtain a HCSA licence.

Phased implementation of HCSA since enactment in 2020

The HCSA was enacted in 2020 to replace the PHMCA and ensure that healthcare regulation is kept up to date with new models of care. The HSCA is being implemented progressively in three phases:

  • Phase 1, which was implemented from 3 January 2022, involved clinical support services, such as clinical laboratory blood banking, radiological, emergency ambulance and medical transport services, as well as the General and Advertisement Regulations.
  • Phase 2, which will start from 26 June 2023, will affect most of the services currently regulated under the PHMCA, such as acute and community hospitals, outpatient medical and dental services, assisted reproduction, ambulatory surgical centre, human tissue banking, nuclear medicine, and outpatient renal dialysis services.
  • Phase 3, the final phase, will involve long-term care services and other specialised and new services, and will be implemented by the end of 2023. The PHMCA will be repealed in Phrase 3.

Refinement of HCSA

Since the enactment of the HCSA in January 2020, there have been developments which have necessitated further refinement of the regulatory regime. On 6 March 2023, the Healthcare Services (Amendment) Bill was passed in Parliament to introduce stronger governance and robust safeguards to strengthen patient safety and welfare as well as enable the development of new and innovative healthcare services. The Healthcare Services (Amendment) Act 2023 was gazetted on 27 March 2023 and most of its provisions came into force on 26 June 2023, with two exceptions: (i) Redesignation of “Director of Medical Services” to “Director General of Health” which was implemented on 1 May 2023, and (ii) the employment restriction requirement which will be implemented with Phase 3 in December 2023.

MOH webpage on HCSA

MOH has set up a webpage titled “Healthcare Services Act” to provide further information under the following headings:

Reference materials

The following materials are available on Singapore Statutes Online sso.agc.gov.sg: