Statute Details
- Title: Healthcare Services (National University Hospital (Singapore) Pte Ltd — Exemption) Order 2023
- Act Code: HSA2020-S662-2023
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Healthcare Services Act 2020 (specifically, section 53)
- Legislative Number: S 662/2023
- Enacting Formula / Power: Made by the Minister for Health under section 53 of the Healthcare Services Act 2020
- Citation and Period in Force: 9 October 2023 to 1 November 2026 (both dates inclusive)
- Status (as provided): Current version as at 27 March 2026; Order is “Spent” as at 2 November 2026
- Key Provision(s): Section 1 (Citation and period in force); Section 2 (Exemption and conditions)
- Target Entity: National University Hospital (Singapore) Pte Ltd
- Target Role / Service Area: Appointment of a Clinical Governance Officer for the provision of a radiological service
- Named Appointee (Condition): Professor Khong Pek‑Lan
What Is This Legislation About?
The Healthcare Services (National University Hospital (Singapore) Pte Ltd — Exemption) Order 2023 is a targeted exemption order made under the Healthcare Services Act 2020 (“HSA 2020”). In plain terms, it allows National University Hospital (Singapore) Pte Ltd (“NUH”) to depart from certain statutory requirements relating to the appointment of a Clinical Governance Officer, but only for a specific purpose: NUH’s provision of radiological services.
Clinical governance is a regulatory concept intended to ensure that healthcare providers maintain appropriate systems, accountability, and oversight for clinical quality and patient safety. Under the HSA 2020, licensees providing regulated healthcare services must appoint a Clinical Governance Officer who meets prescribed suitability and qualification requirements. This Order creates a narrow exemption from specified subsections of section 24 of the Act, but it does so by imposing strict conditions—most notably, requiring NUH to appoint a particular individual (Professor Khong Pek‑Lan) and ensuring she meets the “suitable person” and qualification requirements.
Although the Order is an “exemption”, it is not a blanket relaxation. It is best understood as a regulatory tailoring instrument: the Minister for Health authorises a controlled deviation from particular statutory appointment requirements, while maintaining the underlying policy objectives through conditions that preserve suitability, competency, and compliance obligations.
What Are the Key Provisions?
1. Citation and period in force (Section 1)
Section 1(1) provides the formal name of the Order. Section 1(2) sets the temporal scope: the exemption applies from 9 October 2023 to 1 November 2026 (inclusive). This matters for practitioners because exemption orders under Singapore healthcare regulation are typically time-bound; once the period ends, the exemption ceases and the underlying statutory requirements revert to full effect.
2. The exemption from specified statutory requirements (Section 2(1))
Section 2(1) is the operative exemption. Subject to conditions in Section 2(2), NUH (the “licensee”) is exempt from section 24(2), (7)(b) and (8)(a) of the HSA 2020 “in relation to the appointment of a suitably qualified individual as a Clinical Governance Officer for the licensee’s provision of a radiological service.”
While the extract does not reproduce the text of section 24 of the HSA 2020, the structure indicates that section 24 contains multiple requirements governing Clinical Governance Officers—likely including appointment mechanics, suitability criteria, and compliance obligations. The exemption is therefore not about clinical governance itself, but about how certain appointment-related statutory requirements apply in this radiological service context.
3. Conditions attached to the exemption (Section 2(2))
The exemption is conditional. Section 2(2) requires NUH to satisfy four conditions throughout the relevant appointment and licence terms:
(a) Mandatory appointment of a named individual
Under Section 2(2)(a), NUH must appoint Professor Khong Pek‑Lan to perform all functions of a Clinical Governance Officer prescribed in relation to NUH’s provision of a radiological service. This is a hallmark of many Singapore exemption orders: the exemption is “person-specific” and “function-specific”, ensuring that the regulatory outcome is achieved by a particular qualified person.
(b) Ongoing suitability as a “suitable person”
Section 2(2)(b) requires that the appointee “is and remains a suitable person” within the meaning of section 24(3)(a) of the HSA 2020 at all times during (i) the term of her appointment and (ii) the term of NUH’s licence to provide a radiological service. This condition is critical: it preserves the statutory policy that clinical governance roles must be held by individuals who remain suitable, not merely suitable at the time of appointment.
(c) Qualifications, skills and competencies aligned to regulations
Section 2(2)(c) requires that the appointee possesses the qualifications, skills and competencies prescribed in regulation 6(1)(a) and (b) of the Healthcare Services (Clinical Laboratory Service and Radiological Service) Regulations 2021 (G.N. No. S 1036/2021) at all times during the appointment and licence terms. This ties the exemption to the regulatory competency framework for radiological services, ensuring that the exemption does not undermine technical capability.
(d) Compliance with statutory obligations of a Clinical Governance Officer
Section 2(2)(d) requires NUH to ensure that the appointee complies at all times with all requirements and obligations imposed on a Clinical Governance Officer under the HSA 2020 during the appointment and licence terms. This condition is effectively a compliance assurance obligation on the licensee, reinforcing that the exemption does not remove accountability for clinical governance duties.
4. Practical effect of the exemption
In practice, the Order allows NUH to proceed with the appointment of the named individual to perform the Clinical Governance Officer functions for radiological services without fully satisfying the specific statutory subsections from section 24 that are carved out by the exemption. However, because the exemption is conditioned on suitability, prescribed competencies, and ongoing compliance, the licensee still bears significant regulatory risk if any condition is breached—particularly if the appointee ceases to be suitable or fails to meet competency requirements.
How Is This Legislation Structured?
This Order is structured in a concise, two-section format typical of exemption orders:
Section 1 sets the citation and the period during which the Order is in force. It is essentially the “when it applies” clause.
Section 2 contains the substantive exemption. It includes:
- Section 2(1): the exemption granted to NUH from specified subsections of section 24 of the HSA 2020, limited to the appointment of a Clinical Governance Officer for radiological services; and
- Section 2(2): the conditions that must be met to keep the exemption valid, including a named appointee, ongoing suitability, prescribed qualifications/competencies, and compliance with Clinical Governance Officer obligations.
Who Does This Legislation Apply To?
The Order applies specifically to National University Hospital (Singapore) Pte Ltd as the “licensee.” It does not create a general exemption for all healthcare providers; it is a targeted instrument tied to one licensee and one service area (radiological services).
Within NUH, the exemption is operational only in relation to the appointment of a Clinical Governance Officer for radiological services. The conditions also apply to the named appointee (Professor Khong Pek‑Lan) and to NUH’s obligation to ensure her ongoing compliance with the statutory role requirements during the appointment and licence term.
Why Is This Legislation Important?
Although the Order is short, it is legally significant because it demonstrates how Singapore’s healthcare regulatory framework uses exemption orders to manage specific compliance scenarios without undermining the overall policy objectives of clinical governance. For practitioners advising healthcare licensees, the key takeaway is that exemptions are often conditional and time-bound, and they may be drafted to preserve the substantive safeguards (suitability, competency, and compliance) even where certain procedural or technical statutory requirements are exempted.
From an enforcement and risk perspective, the conditions in Section 2(2) are the critical compliance checklist. If NUH fails to appoint the named individual, or if the appointee ceases to be suitable, or if the appointee no longer meets the prescribed qualifications/competencies, the exemption could be invalidated in substance. This could expose NUH to regulatory consequences under the HSA 2020 framework for failure to comply with clinical governance officer requirements.
Practically, the Order also signals the regulator’s approach: rather than leaving clinical governance oversight to discretion, the exemption is structured to ensure that the regulatory outcome remains intact. The named appointee requirement and the explicit linkage to the “suitable person” definition and radiological service competency regulations reduce ambiguity and provide a clear compliance standard for both the licensee and the regulator.
Related Legislation
- Healthcare Services Act 2020 (especially section 24 on Clinical Governance Officers and section 53 on exemption powers)
- Healthcare Services (Clinical Laboratory Service and Radiological Service) Regulations 2021 (G.N. No. S 1036/2021), especially regulation 6(1)(a) and (b)
Source Documents
This article provides an overview of the Healthcare Services (National University Hospital (Singapore) Pte Ltd — Exemption) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.