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MOH releases Guidelines on Online Healthcare Services

24 July 2025

On 6 May 2025, the Ministry of Health (“MOH”) announced via circular the publication of the Guidelines on Online Healthcare Services (“Guidelines”) to outline the requirements and recommendations for the provision of online healthcare services.  
 
Under the Guidelines, “virtual clinics” are identified as an area of focus and defined as a digital environment shifting away from facility-based delivery of healthcare services, including but not limited to consultation services, diagnosis/ investigation and treatment of patients, by a healthcare professional as delivered through a specialised and secure technology platform, mobile application, web portal and/or website.1
 
The Guidelines incorporate feedback from healthcare professionals and professional associations2 and are intended to be used as a base to develop a future legislative framework for the regulation of digital healthcare services.3
 
Scope of Guidelines and Key Definitions
 
The Guidelines set out the minimum standards and requirements applicable to Platform Providers for the provision of Online Healthcare Services. The Guidelines provide for the following definitions:
 
Term Definition
Online Healthcare Services Healthcare Services4 provided to a Patient5 by a Healthcare Professional6 for valuable consideration, in which the arrangement, booking and/or delivery of such services is made or provided remotely and intermediated through a Platform.
 
Platform a specialised and secure technology platform, mobile application, web portal and/or website provided by a Platform Provider, which provides Patients access to Healthcare Professionals, and which facilitates the arrangement, booking and/or delivery of Online Healthcare Services.
 
Platform Provider a company involved in the business of Online Healthcare Services which provides Patients with access to Healthcare Professionals, and facilitates arrangements, bookings and/or delivery of Online Healthcare Services through its Platform.
 
 
Permitted and Excluded Healthcare Services
 
Online Healthcare Services may only be offered for specific cases or services: 
  1. non-emergency cases; 
  2. follow-up management for stable cases; 
  3. group session counselling services for such areas as psychology, nutrition or rehabilitation; 
  4. referral or secondary care programme by specialist or consultant; or 
  5. support services such as the supply of medication, laboratory and/or imaging services. 
On the other hand, Online Healthcare Services are strictly prohibited for the following cases or services: 
  1. emergency cases, being cases where the injury or illness is acute and poses an immediate risk to a person’s life or long-term health; 
  2. cases which require the supply through post of any psychotropic drugs, drugs falling within the ambit of the Dangerous Drugs Act 1952 and its regulations; 
  3. cases which require intermediate or complex medical treatment; or 
  4. psychiatric cases requiring In-Person Session7. 
Requirements for Platform Providers and Operations
 
Part 4 of the Guidelines sets out the following general requirements for Platform Providers: 
  1. the Platform Provider must be a company incorporated and registered with the Companies Commission of Malaysia (“CCM”); 
  2. any E-Pharmacy8 services must be provided by a Licensed Pharmacist9; 
  3. the Platform Provider’s senior management or board of directors must include at least one (1) registered medical practitioner in Malaysia in possession of a Valid Practising Certificate (where E-Pharmacy services are provided, at least one (1) Registered Pharmacist10); 
  4. the Platform Provider must maintain documents/ records on its incorporation/ registration with CCM, constitution, details of board of directors and senior management, audited financial statements, business model/ process, information on the Platform (including system architecture and payment system), experience in Online Healthcare Services, total number of registered Healthcare Professionals and Patients and total number of Online Healthcare Services to date; and 
  5. the Platform Provider must establish and maintain a physical place of business in Malaysia and ensure Online Healthcare Services business operations are based in Malaysia. 
The requirements in respect of platform operations are set out in Part 5 of the Guidelines, which include but are not limited to: 
  1. proper processes and procedures for the registration and screening of Healthcare Professionals and Patients; 
  2. enabling Healthcare Professions to safely and securely create, store and access medical records for each Online Healthcare Services session in digital format; 
  3. provision of a proper and comprehensive training program for Healthcare Professionals to use the relevant features and functions of the Platform in managing Patients and providing Online Healthcare Services; 
  4. proper grievance mechanism to enable Patients to provide feedback on the Online Healthcare Services, Healthcare Professionals and/or the Platform; 
  5. unless the Healthcare Professionals are directly employed by the Platform Provider to provide Online Healthcare Services, clear disclosure that the Healthcare Professionals are independent third parties and that there is no doctor-patient relationship between the Platform Provider and Patient. 
Part 6 of the Guidelines specifically sets out requirements for the security, confidentiality, accuracy, integrity and loss prevention of confidential data, and for the collection, use, processing, disclosure, transfer, retention and disposal of confidential data in compliance with applicable data protection laws.
 
Recommended standards of practice for Healthcare Professionals are set out in Part 7 of the Guidelines. Having said that, the MOH have made it clear that the Guidelines are not intended to govern Healthcare Professionals, who shall continue to comply with all existing legislation, rules and guidelines that govern their standard of practice.11
 
Comments
 
The Guidelines were published as a response to the proliferation of digital platforms for medical services from private healthcare service providers, especially during the Covid-19 pandemic, and the ambiguities and lacuna in the existing legal framework to address the same. It is hoped that the Guidelines can effectively serve as a consolidated set of standards and guidelines for digital medical platform providers to adhere to in the interim period leading up to the establishment of a consolidated legislative framework that will either revive or replace the yet to be enforced Telemedicine Act 199712.
 
 
Article by Sheba Gumis (Partner) and Francine Ariel Paul (Senior Associate) of the Healthcare, Biotechnology and Pharmaceuticals Practice of Skrine.
 
 
 
1 See Para. 1.3 of the Guidelines.
 
2 See Para. 1.2 of the Guidelines. For the full list of contributors, please see page 6 of the Guidelines.
 
3 See Para. 3 of the MOH’s circular dated 6 May 2025 and Para. 1.2 of the Guidelines.
 
4 “Healthcare Services” are widely defined to include:
  1. medical, dental, nursing, midwifery, allied health, pharmacy, traditional and complementary medicine, and ambulance services and any other service provided by a Healthcare Professional;
  2. any service for the screening, diagnosis, or treatment of persons suffering from, or believed to be suffering from, any disease, injury or disability of mind or body;
  3. any service for preventive or promotive health purposes;
  4. any service for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device or any other medical technology; or any health-related services; 
5 A “Patient” is defined as a patient who is residing or located in Malaysia, whether a citizen or otherwise, who obtains Online Healthcare Services by utilising the Platform and is not an Excluded Patient. An “Excluded Patient” is in turn defined as: (a) a Minor unaccompanied by a Guardian; (b) a Mentally Unsound Person unaccompanied by a Guardian; or (c) a Patient seeking treatment for an Excluded Healthcare Service (please see the section on Permitted and Excluded Healthcare Services of this Alert);
 
6 A “Healthcare Professional” is defined as any person providing Healthcare Services which requires him or her to possess a Valid Practising Certificate and be registered with a professional regulatory body under the jurisdiction of the MOH.
 
7 An “In-Person Session” is defined as Healthcare Services provided by a Healthcare Professional to a patient face to face and through physical interaction. See endnotes 4 and 6 for the definitions of “Healthcare Services” and “Healthcare Professional”.
 
8 “E-Pharmacy” is defined as a mode of pharmacy services by a Licensed Pharmacist that utilises technology using a secured online platform.
 
9 A “Licensed Pharmacist” is defined as a pharmacist registered under the Registration of Pharmacists Act 1951 and who possesses a valid Type A licence issued under the Poisons Act 1952.
 
10 A “Registered Pharmacist” is defined as a fully registered pharmacist registered under the Registration of Pharmacists Act 1951.
 
11 See Para. 2.1 of the Guidelines.
 
12 The Telemedicine Act 1997 was gazetted on 30 June 1997 but to this date has not yet come into force.

This article/alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.

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