KUALA LUMPUR: Private dental clinics in Malaysia are increasingly falling victim to rigid regulatory enforcement imposed without sufficient practical consideration, industry representatives have warned.
In a statement issued today, the Malaysian Private Dental Practitioners’ Association (MPDPA) voiced severe concern over retrospective enforcement by the Health Ministry’s Private Healthcare Medical Practice Control Section (CKAPS).
The association warned that strict enforcement of staircase width requirements threatens the operational viability of long-established private dental clinics situated on the first floors of older commercial buildings.
“Regulation should serve to protect the public, not inadvertently threaten the livelihoods of healthcare practitioners, the sustainability of established practices, or the continuity of patient care,” the MPDPA stated.
The controversy centers on a mandated minimum staircase width of 1.1 metres, measured from handrail to wall, which is now being applied retrospectively to existing upper-floor dental clinics and other private healthcare facilities.
The MPDPA questioned the legal and technical foundation of the directive, noting that the requirement is not explicitly stipulated in the Uniform Building By-Laws 1984 (UBBL).
“A measurement cannot simply be introduced and enforced as a compulsory standard without clearly identifying its legislative authority, technical rationale, and applicability to existing buildings,” the statement read.
Many affected clinics operate in premises constructed with valid Certificates of Fitness (CF) issued by local authorities under historical building regulations. These practices have legitimately maintained valid licences — commonly known as Form C or G — to operate private dental clinics for decades.
The association criticised the “unilateral enforcement” by CKAPS, highlighting that structural compliance and fire safety fall under the jurisdiction of local councils and the Fire and Rescue Department.
Furthermore, the MPDPA reported that some practitioners have been advised to modify existing building structures and handrails to satisfy the 1.1-metre requirement. It warned that such structural alterations could inadvertently breach local council safety codes, placing practitioners in an untenable position of regulatory conflict.
While reaffirming that patient safety remains paramount, the MPDPA argued that regulatory enforcement must be evidence-based rather than measurement-based.
“To date, the MPDPA is unaware of any significant documented incident establishing that staircases in existing first-floor dental clinics measuring below 1.1 metres have compromised patient evacuation or emergency medical transportation,” the association noted.
The association highlighted a recent practical evacuation drill assessing patient transfer from a first-floor dental chair to an awaiting ambulance, which demonstrated that safe evacuation remains entirely feasible even with staircase measurements below the newly enforced width.
The regulatory impasse also carries severe financial implications. Older practitioners approaching retirement risk being unable to sell or transfer their practices to newly registered dentists. Years of professional investment, goodwill, and established patient relationships could be rendered worthless due to structural demands that are impossible to meet without major building overhauls.
According to the MPDPA, the dispute has dragged on unresolved since 2021 despite repeated representations to the Health Ministry and its ministers.
The association has formally urged the Health Ministry and relevant authorities to suspend enforcement of the 1.1-metre staircase width requirement across all private healthcare facilities. It further appealed to the health minister to exercise statutory powers under the Private Healthcare Facilities and Services Act 1998 (Act 586) to grant an explicit exemption to existing premises.
“This appeal is not an attempt to dilute fire and public safety standards,” the MPDPA added.
“It is a call for regulatory clarity, fairness, and consistency to ensure requirements imposed on healthcare practitioners remain practical.”
