[1]THE
PUNJAB HEALTHCARE COMMISSION ACT 2010
( XVI of 2010)
[2nd
August, 2010]
An
Act
to improve quality of healthcare services and
ban quackery in the Punjab in all its forms and manifestations.
Preamble.— Whereas it is expedient to
provide for establishment of the Punjab Healthcare Commission, to make
provisions for the improvement of quality of healthcare services, to ban
quackery in all its forms and manifestations and to provide for ancillary
matters; It is enacted as follows:-
CHAPTER I
INTRODUCTORY
1.
Short title,
extent, commencement and application.— (1) This Act may be cited as the
Punjab Healthcare Commission Act 2010.
(2)
It shall extend to the whole of the Punjab.
(3)
It shall come into force at once.
(4)
It shall apply to all healthcare establishments, public
or private hospitals, non-profit organizations, charitable hospitals, trust
hospitals, semi-government and autonomous healthcare organizations.
2.
Definitions.—
In this Act–
(i)
“accreditation” means the process of accepting or
declaring a healthcare establishment providing services in accordance with the
standards and accepted medical, allopathic, homeopathic or Tibb-i-Unani
protocols, guidelines or tools;
(ii)
“Board” means the Board of Commissioners constituted
under section 5;
(iii)
“certificate of registration” means the certificate
issued by the Commission evidencing registration of a healthcare service
provider;
(iv)
“Chairperson” means the Chairperson of the Board;
(v)
“chief executive officer” means the chief executive
officer of the Commission;
(vi)
“clinical governance” means a systematic approach to
maintaining and improving the quality of patient care;
(vii)
“Commission” means the Punjab Healthcare Commission;
(viii)
“Commissioner” means a member of the Board nominated
under section 5;
(ix)
“convener” means the convener of the Technical Advisory
Committee;
(x)
“Council for Homeopathy” means the National Council for
Homeopathy established under the Unani, Ayurvedic and Homoeopathic
Practitioners Act 1965 (II of 1965);
(xi)
“Council for Tibb” means the National Council for Tibb
established under the Unani,
Ayurvedic and Homoeopathic
Practitioners Act 1965 (II of 1965);
(xii)
"Fund" means the Fund established under the
Act;
(xiii)
“Government” means the Government of the Punjab;
(xiv)
“grading” means the ranking of the healthcare
establishments made on the basis of the tools;
(xv)
“healthcare establishment” means a hospital, diagnostic
centre, medical clinics, nursing home, maternity home, dental clinic, homeopathy
clinic, Tibb clinic, acupuncture, physiotherapy clinic or any other premises or
conveyance–
(a)
wholly or partly used for providing healthcare
services; and
(b)
declared by the Government, by order published in the
official Gazette, as a healthcare establishment;
(xvi)
“healthcare services” means services provided for
diagnosis, treatment or care of persons suffering from any physical or mental
disease, injury or disability including procedures that are similar to forms of
medical, dental or surgical care but are not provided in connection with a
medical condition and includes any other service notified by the Government;
(xvii)
“healthcare service provider” means an owner, manager
or incharge of a healthcare establishment and includes a person registered by
the Medical and Dental Council, Council for Tibb, Council for Homeopathy or
Nursing Council;
(xviii)
“inspection team” means a team comprising more than two
medical experts having postgraduate qualification and not less than fifteen
years experience in the concerned field, and consisting of one employee of the
Commission and others from public or private sector, to inspect any healthcare
establishment under the Act;
(xix)
“license” means a license issued by the Commission
under the Act for the use of any premises or conveyance as a healthcare
establishment and “licensed” and “licensing” shall be construed accordingly;
(xx)
“licensee” means a person to whom license has been
issued under the Act;
(xxi)
“Medical and Dental Council” means the Medical and
Dental Council constituted under the Medical and Dental Council Ordinance 1962
(XXXII of 1962);
(xii) “medical
negligence” means a case where a patient sustains injury or dies as a result of
improper treatment in a healthcare establishment and, in case of death,
determined on the basis of medical autopsy report;
(xxiii)
“Nursing Council” means the Pakistan Nursing Council
established under the Pakistan Nursing Council Act 1973 (XXVI of 1973);
(xxiv)
“Pakistan Medical Association” means the Pakistan
Medical Association, a society registered under the Societies Registration Act
1860 (XXI of 1860);
(xxv)
“performance audit” means a process done through the
tools and other similar instruments;
(xxvi)
“person” includes association of persons, authority,
body, company, corporation, individual, partnership, proprietorship or other
entity;
(xxvii) “prescribed”
means prescribed by rules or regulations made under the Act; xxviii) “property”
includes all kinds of property and assets, whether movable or immovable,
tangible or intangible, deeds of title or any document evidencing right, title
or interest of any kind in any property or assets;
(xxix)
“quack” means a pretender providing health services
without having registration of the Medical and Dental Council, Council for
Tibb, Council for Homeopathy and Nursing Council;
(xxx)
“registration” means registration under section 13 of
the Act;
(xxxi)
“regulations” means the regulations made under the Act;
(xxxii)
“rules” means Rules made under the Act;
(xxxiii)
“staff” means any employee or Commissioner of the
Commission and includes
consultants, advisors, liaison
officers and experts;
(xxxiv)“standards”
include the minimum service delivery standards notified by the Government;
(xxxv)
“Technical Advisory Committee” means the Committee constituted under section 10
of the Act; and
(xxxvi)“tools” include the third party performance audit tools notified
by the Government. CHAPTER II
HEALTHCARE COMMISSION
AND GOVERNANCE
3.
Establishment
of the Commission.— (1) The Government may, by notification, establish a
Commission to be called the Punjab Healthcare Commission for carrying out the
purposes of this Act.
(2)
The Commission shall be a body corporate having
perpetual succession and a common seal, with powers to enter into contract, sue
and be sued by its name.
(3)
The head office of the Commission shall be at Lahore
and it may have such other offices in the Punjab as the Board may determine.
4.
Functions
and powers of the Commission.— (1) The Commission shall perform such
functions and exercise such powers as may be required to improve the quality of
healthcare services and clinical governance and to ban quackery.
(2)
Without prejudice to the generality of the provisions
of sub-section (1), the
Commission shall–
(a)
maintain register of all healthcare service providers;
(b)
grant, revoke and renew licenses to persons involved in
the provision of the healthcare services and to vary terms and conditions and
purposes of the licenses;
(c)
monitor and regulate the quality and standards;
(d)
operate accreditation programmes in respect of the
healthcare services and to grant accreditation to such healthcare service
providers who meet the standards;
(e)
enquire and investigate into maladministration,
malpractice and failures in the provision of healthcare services and issue
consequential advice and orders;
(f)
impose and collect fees and charges on registration,
licensing and accreditation under this Act;
(g)
impose and collect penalties on violation, breach or
non-compliance of the provisions of the rules, regulations, standing orders and
instructions issued under this Act;
(h)
advocate rights and responsibilities of recipients and
providers of the healthcare services;
(i)
hold seminars, conferences and meetings on developing
awareness about provision of high quality healthcare services;
(j)
enter into agreement or arrangement with the Federal
Government or a Provincial Government, any authority, board, council or entity,
non-governmental organization, domestic or international institution or agency
for the purposes of this Act;
(k)
coordinate, liaise and network with any person, agency
or institution;
(l)
take on lease land, buildings for the purpose of
offices or premises of the Commission at such price and on such term as may be
necessary;
(m)
appoint, engage, authorize and terminate employees,
consultants, advisors, attorneys, inspection teams, contractors, agents and
experts on such terms and conditions as deemed fit and assign, delegate or
entrust them with such functions and powers as are expedient for the
performance of functions of the Commission;
(n)
take measures for the welfare of the present and past
employees of the Commission as well as its all registered members;
(o)
issue regulations, guidelines, instructions and
directives to persons involved in the provision of Healthcare services;
(p)
grading of the healthcare establishments; and (q) take necessary steps to ban quackery.
(3)
The Commission may assign any of its functions to a person
on such terms and conditions as may be agreed between the Commission and the
person.
(4)
In the performance of its functions, the Commission
shall–
(a) take into consideration
the policy advice of the Technical Advisory Committee; and (b) co-ordinate with the Government.
(5)
Subject to sub-section (6), the Commission shall
conduct third party evaluation through independent performance audit of
healthcare establishments in a phased manner.
(6)
The Commission shall not conduct third party evaluation
through independent performance audit of healthcare establishments in the
private sector other than tertiary care hospitals.
(7)
Notwithstanding anything contained in any other law,
the Commission may–
(a)
on a complaint by any aggrieved person; or
(b)
on a complaint by any aggrieved healthcare service
provider; and shall–
(c)
on a reference by the Government or the Provincial Assembly of the Punjab; or
(d)
on a motion of the Supreme Court of Pakistan or the
Lahore High Court made during the course of any proceedings before it,
undertake investigation into
allegations of maladministration, malpractice or failures on the part of a
healthcare service provider, or any employee of the healthcare service
provider.
(8)
The Commission shall take cognizance of any case of
harassment of a healthcare service provider or damage to a healthcare
establishment and may refer such a case to the competent forum.
(9)
The Commission shall take measures and devise a
strategy to counter sale of drugs without prescription.
(10)
The Commission may exercise the same powers as are vested
in a civil court under the Code of Civil Procedure, 1908 (V of 1908), in
respect of the following matters:-
(a)
summoning and enforcing the attendance of any person
and examining him on oath;
(b)
compelling the production of documents;
(c)
receiving evidence on affidavits; and
(d)
issuing commission for the examination of witnesses.
(11)
The Commission shall not investigate or inquire into
any matter subjudice before a Court of competent jurisdiction on the date of
the receipt of a complaint, reference or motion.
(12)
The Commission may authorize members of the staff to
administer oaths and to attest various affidavits, affirmations or declarations
which shall be admitted in evidence in all proceedings under this Act without
proof of the signature or seal or official character of such person.
5.
Constitution
of the Board.— (1) The general superintendence, direction and management of
the affairs of the Commission and overall policy making in respect of its
operations shall vest in the Board which may exercise all such powers and do all
such acts, deeds and things that may be exercised or done by the Commission
under this Act.
(2)
The Government shall notify the Board which shall
consist of nine Commissioners, seven of whom shall be nominated on the
recommendation of the committee.
(3)
A person shall not be eligible to be nominated as
Commissioner unless he possesses a minimum of fifteen years experience in
public or private sector.
(4)
The committee shall recommend to the Government a panel
of two persons for each vacant post of the seven Commissioners to be nominated
on the recommendation of the committee.
(5)
The Government shall nominate a former Judge of the
Lahore High Court and a financial expert as Commissioners.
(6)
The Board shall regulate the conduct of its meetings,
quorum and minutes of the meetings.
(7)
The Government shall prescribe the remuneration payable
to a Commissioner for attending a meeting of the Board.
(8)
A decision of the Board shall not be valid if decided
in a meeting without quorum.
(9)
The committee, for the purpose of recommendation for nomination
of
Commissioners under this section, shall
consist of the following:
|
(a)
|
Secretary to the
Government, Health Department;
|
Chairman
|
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(b)
|
Vice Chancellor of a health sector
University nominated by the Government;
|
Member
|
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(c)
|
a representative of the
Pakistan Medical Association;
|
Member
|
|
(d)
|
a representative of the private healthcare
establishments nominated by the Government;
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Member
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(e)
|
a representative of the general
practitioners nominated by the Government;
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Member
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(f)
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a representative of the Council
for Tibb; and
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Member
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(g)
|
a representative of the
Council for Homeopathy.
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Member
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6.
Term of the
Commissioners.— (1) A Commissioner shall hold office for a term of three
years and shall be eligible for re-nomination in accordance with the provisions
of section 5.
(2)
In case of a casual vacancy of a Commissioner, the
Government shall appoint a person as Commissioner in accordance with the
provisions of section 5 for the remainder of the term of the Commissioner who
has died, resigned or disqualified under this Act.
7.
Disqualifications.—
No person shall be, or shall continue to be, the Chairperson or a Commissioner
who–
(a)
has tendered resignation and not withdrawn it within a
period of thirty days;
(b)
is, or at any time has been, adjudicated as insolvent;
(c)
is found to be of unsound mind by a court of competent
jurisdiction;
(d)
is, or has at any time been, convicted of any offence
which, in the opinion of the Government, is an offence involving moral
turpitude;
(e)
absents himself from three consecutive meetings of the
Board, without leave of absence from the Board;
(f)
is an employee, advisor or consultant of a healthcare
service provider; and (g) is a salaried
official of the Commission.
8.
Chairperson.—
(1) The Commissioners shall hold a secret ballot to elect the Chairperson from
amongst themselves for a term of three years.
(2)
The Government shall notify the Chairperson elected by
the Commissioners and the Chairperson shall hold office during the pleasure of
majority of the Commissioners.
(3)
The Chairperson shall cease to hold office if a vote of
no confidence has been passed by the majority of the Commissioners or he ceases
to hold office as Commissioner.
(4)
The Chairperson shall not, for one year after the
expiry of his term of office, enter into the employment or accept any advisory
or consultancy relationship with any healthcare service provider.
9.
Functions
and powers of the Board.— (1) The Board may–
(a)
determine the character, value and mission of the
Commission;
(b)
provide leadership and oversight of activities of the
Commission;
(c)
ensure the effective and efficient use of resources,
solvency and safeguarding of the assets of the Commission;
(d)
establish and maintain strategic direction of the
Commission;
(e)
oversee implementation of strategic objectives of the
Commission;
(f)
monitor performance and review achievements of the
Commission;
(g)
ensure adequate and effective governance and risk
management systems in the Commission;
(h)
promote and develop partnerships with other
organizations;
(i)
approve the standing orders of the Commission;
(j)
approve annual plans and reports;
(k)
approve annual accounts, budget and estimates of income
and expenditure;
(l)
appoint inspection team;
(m)
appoint bankers and auditors;
(n)
handle and redress any complaint about the Commission;
(o)
appoint, oversee, authorize the chief executive
officer, determine his terms and conditions of service and take any
disciplinary action against him; and
(p)
regulate appointment, grades, appraisal, dismissal and
terms and conditions of service of the employees of the Commission.
(2)
The Board shall take all the decisions regarding
penalties, suspension and revocation of licenses in a meeting.
(3)
The Board may establish committees for assistance and
advice to the Board in relation to the performance of its functions and
determine the membership, remuneration of members and terms of reference of
each committee.
10.
Technical
Advisory Committee.— (1) The Board shall constitute a Technical Advisory
Committee consisting of the following members:-
(a) one person
each to be nominated by the–
(i)
Medical and Dental Council;
(ii)
College of Physicians and Surgeons Pakistan established
under the Pakistan College of Physicians and Surgeons Ordinance 1962 (XX of
1962);
(iii)
Nursing Council;
(iv)
Pharmacy Council of Pakistan established under the
Pharmacy Act 1967 (XI of 1967);
(v)
Federal Mental Health Authority constituted under the
Mental Health Ordinance 2001 (VIII of 2001);
(vi)
Council for Homeopathy;
(vii)
Council for Tibb;
(viii)
Auditor General of Pakistan;
(ix)
University of Health Sciences, Lahore;
(x)
Punjab Medical Faculty constituted under the Medical
and Dental Degrees Ordinance 1982 (XXVI of 1982);
(xi)
King Edward Medical University, Lahore;
(xii)
Pakistan Medical Association; and
(xiii)
Government from amongst the young doctors;
(b)
one representative of the Government;
(c)
one member of the Provincial Assembly of the Punjab to
be nominated by the Speaker of the Assembly;
(d)
one representative each of the six District Governments
selected by the Government for one year on non-recurring basis;
(e)
one person each to be nominated by the Government from
the private healthcare establishments;
(f)
five experts in healthcare services to be nominated by
the convener of the Technical
Advisory Committee in
consultation with the Chairperson; and
(g)
two international health experts to be nominated by the
Government.
(3)
Except for the ex-officio members, all other members of
the Technical Advisory Committee shall hold office for a period of three years
and shall be eligible for re-appointment for another term of three years.
(4)
The Technical Advisory Committee shall elect one of its
members as the convener.
(5)
The convener of the Technical Advisory Committee shall
chair meetings of the Technical Advisory Committee and the chief executive
officer may attend any meeting of the Committee.
(6)
The Board may determine the remunerations payable to
the members of the Technical Advisory Committee for attending a meeting.
(7)
The Technical Advisory Committee may organize itself
into sub-committees and shall provide advice on any matter referred to it by
the Commission, including the matters relating to–
(a)
policy and strategic framework of the Commission;
(b)
healthcare standards, accreditation and quality
assurance;
(c)
governance process of the Commission;
(d)
advocacy, promotion and contribution towards
development and sustainability of the work of the Commission; and
(e)
stakeholder consultation for the promotion of quality
and standards of the healthcare services.
11.
Chief
executive officer.— (1) The Board shall appoint a person having a minimum
of fifteen years of experience in hospital or public administration, medicine,
accounting, finance, law, regulation or other related field to be the chief
executive officer of the Commission.
(2)
The chief executive officer shall, subject to the
supervision and control of the Board, administer the affairs of the Commission,
and may exercise such powers as are delegated to him by the Board.
(3)
In particular, the chief executive officer may–
(a)
manage the administration, operations and functions of
the Commission;
(b)
act as the principal accounting officer responsible and
accountable for the management of the Commission’s funds and assets;
(c)
prepare and present the Board with strategic and
operational plans for its review and appraisal;
(d)
assist the Board in strategic thinking, planning and
leadership and implement its policies;
(e)
protect the financial health of the Commission;
(f)
act as spokesperson and advocate of the Commission; and
(g)
provide leadership to the senior management and
direction to all staff.
(4)
The chief executive officer shall devote his whole time
and attention to the affairs of the Commission.
12.
Disqualifications
of chief executive officer.— A person shall not be appointed or hold office
as chief executive officer who–
(a)
is a member of the Federal or Provincial legislature,
local council or local body constituted under any law or has contested last
general election;
(b)
is employed in any capacity in the service relating to
the affairs of the Federation or Province or hold any office for which salary
or other remuneration is payable out of public funds;
(c)
is a director, officer or employee of any healthcare
service provider or has an interest or share in any healthcare establishment;
(d)
has been convicted of tax evasion or for an offence
involving moral turpitude; or
(e)
is in default of payments due from him, for more than
one hundred and eighty days, to any bank, financial institution, cooperative
society, governmental agency, department or corporation.
CHAPTER III
REGISTRATION AND LICENSING
13.
Registration.—
(1) A healthcare service provider shall not provide healthcare services without
being registered under this section and the regulations.
(2)
An existing healthcare service provider shall, within a
period of ninety days of the coming into force of this Act, apply for
registration in accordance with this section and the regulations.
(3)
A person seeking to be registered as a healthcare
service provider shall make an application to the Commission in the prescribed
form and accompanied by such particulars, documents as the Commission may
prescribe.
(4)
If a person fulfills the requirements of this section,
the Commission shall issue a certificate of registration to the person within
fourteen days otherwise the applicant shall be considered as having
provisionally registered.
(5)
The Commission may impose a fine which may extend to
five hundred thousand rupees upon a healthcare service provider or who pretends
to be a healthcare service provider without registration.
14.
Licensing.—
(1) A healthcare establishment shall not be used except in accordance with the
terms and conditions of a license issued by the Commission.
(2)
If a healthcare establishment is not licensed under
this Act, the Commission may impose a fine which may extend to five hundred
thousand rupees upon the healthcare service provider.
(3)
In case of shifting of a healthcare establishment, the
license issued earlier under this Act shall be valid but the healthcare service
provider shall inform the Commission prior to the shifting of the healthcare
establishment.
15.
Application
for licenses.— Within thirty days of the issuance of the certificate of
registration or such other time as may be fixed by the Government, the
healthcare service provider shall make an application for a license to the
Commission in the prescribed form which shall be accompanied by such
particulars, documents and fees as the Commission may prescribe.
16.
Licensing
procedure.— (1) The Commission shall, on receipt of an application,
complete with all required documents under section 15, issue a provisional
license to the healthcare establishment and shall, within the period of thirty
days from the date of acceptance of the application, issue the regular license
to the healthcare establishment.
(2)
The Commission may, before issuing the license, inspect
the healthcare establishment which is to be licensed, or cause such healthcare
establishment to be inspected by an inspection team.
(3)
A license issued by the Commission under this section–
(a) shall be in
such form as may be prescribed; (b) shall
be valid for the period of five years; and (c) may
be renewed upon expiry.
17.
Kinds of
licenses.— (1) Every license of a healthcare establishment shall specify
the kind of healthcare establishment for which it is issued and the purposes of
the healthcare establishment.
(2)
A licensed healthcare establishment shall not be used
for any purpose other than the purposes in respect of which the license is
issued and purposes incidental to such purposes.
(3)
The Commission shall maintain a register of all
licensed healthcare establishments and may enter in the register any necessary
details or other particulars of the healthcare establishments.
18.
Revocation
and suspension of licenses.— (1) The Commission may revoke a license if the
license has been obtained by fraud or misrepresentation.
(2)
The Commission may suspend a license of a healthcare
establishment if repeated cases of medical negligence of same nature have
proved against the healthcare establishment.
19.
Medical
negligence.— (1) Subject to sub-section (2), a healthcare service provider
may be held guilty of medical negligent on one of the following two findings:-
(a)
the healthcare establishment does not have the
requisite human resource and equipments which it professes to have possessed;
or
(b)
he or any of his employee did not , in the given case,
exercise with reasonable competence the skill which he or his employee did
possess.
(2)
The recognized and known complications of a medical or
surgical treatment are not considered as medical negligence.
CHAPTER IV
STANDARDS OF HEALTHCARE SERVICES
20.
Standards of
healthcare services.— (1) The Commission shall implement the standards
developed and approved by the Government.
(2)
The Commission, with the approval of the Government,
shall–
(a)
prepare and publish standards in relation to the
provision of healthcare services; and
(b)
keep the standards under review and publish amended
standards whenever deemed appropriate.
(3)
The Government may, after considering any
representations made in relation to the standards prepared and published by the
Commission, make such revision of the standards as deemed necessary and the
Commission shall publish the revised standards.
(4)
The Commission or the Government shall, for meeting the
mutually agreed standards, give an appropriate and reasonable period of time by
keeping in view the ground realities regarding availability of trained human
resource, improvement of the existing human resource and all other allied
factors.
21.
Accreditation.—
(1) The Commission shall develop
framework and procedures for the accreditation of the healthcare establishments
and issue necessary guidelines and instructions in this behalf in a phased
manner.
(2)
The Commission shall review the best national and
international practices in accreditation and build supportive links and enter
into collaborations and agreements with national and international
organizations in relation to accreditation of the healthcare establishments.
CHAPTER V
INSPECTION AND ENFORCEMENT
22. Inspection.— (1) The Commission may, by
order in writing, appoint an inspection team to perform the functions and
exercise the powers of the Commission in relation to inspections under this
Act, rules or regulations subject to such conditions and limitations as the
Commission may specify in this behalf.
(2)
The inspection team may inspect a healthcare
establishment: (a) at the time
of issuance and renewal of license; or (b) on
receipt of a complaint.
(3)
The inspection team may inspect any apparatus,
appliance, equipment, instrument, product, goods or item used or found in, or
any practice or procedure being carried out at, the healthcare establishment.
(4)
The inspection team may enquire any case if there has
been any instance or allegation of maladministration, malpractice or failure in
the provision of healthcare services against a healthcare establishment.
(5)
The Commission may impose a fine which may extend to
fifty thousand rupees upon a healthcare service provider who–
(a)
refuses or fails, without reasonable cause, to furnish
any information to the inspection team; or
(b)
gives any false or misleading information to the
inspection team.
(6)
Except in the case of a prosecution for an offence
under this Act, a member of the inspection team shall not be bound to give
evidence in any proceedings in respect of, or to produce any document
containing, any information which has been obtained from any healthcare
establishment in the course of carrying out any investigation, inspection,
enquiry or performing any duty or function under this Act.
(7)
A member of the inspection team shall not disclose any
information at any forum which is contained in the medical record, or which
relates to the condition, treatment or diagnosis, of any person, as may have
come to his knowledge in the course of carrying out any investigation, inspection,
enquiry or performing any duty or function under this Act unless allowed in
writing by the Commission.
23. Procedure of investigation.— (1) The
Commission shall prescribe the procedure for the conduct of investigation to be
carried out by the Commission under this Act.
(2)
An aggrieved person may, within sixty days from the
date of knowledge of the cause of action, file a complaint against a healthcare
service provider or healthcare establishment by submitting an application in
writing supported by an affidavit of the aggrieved person.
(3)
The Commission shall not entertain an anonymous or
pseudonymous complaint against a healthcare service provider or healthcare
establishment.
24. Directions as to apparatus, appliance,
equipment or products.— Where, in the opinion of the inspection team:
(a)
the use of any apparatus, appliance, equipment,
instrument, product, goods or item; or
(b)
the carrying out of any practice or procedure in a
healthcare establishment, is dangerous or detrimental to any person therein or
otherwise unsuitable for the purpose for which it is used or carried out, he
shall immediately report, the matter in writing to the Commission along with
the necessary details. On receipt of report the Commission may act according to
the rules, regulations and the procedure prescribed by the Government.
25. Obstructing inspection team.— The Commission may impose a fine which may
extend upto fifty thousand rupees on a person who obstructs, hinders or impedes
an inspection team in the performance of its function or execution of its duty.
26. Violations by bodies corporate.— (1) Where any contravention of this Act is
committed by a body corporate and it is proved to have been committed with the
consent or connivance of, or to be attributable to any director, manager,
secretary or other officer or employee of the body corporate, or any person who
purported to act in any such capacity, he as well as the body corporate shall
be liable to pay fine for the violation.
(2)
Where it appears to the Commission that the
circumstances of a case warrant action under any other law, the Commission may
refer such case to the concerned governmental authorities or law enforcement
agencies for appropriate action under relevant laws.
27. Protection from liability.— No suit or
other legal proceedings shall lie against the Commission, Board, Technical
Advisory Committee, chief executive officer, officers, inspection teams,
advisors, consultants or agents of the Commission for anything done in good
faith in the execution or purported execution of this Act, rules or regulations.
28. Jurisdiction of Commission for adjudication of fine.— (1) Notwithstanding anything contained in any other law, the Commission may, for
contravention of a provision of this Act, rules or regulations, impose fine
which may extend to five hundred thousand rupees in accordance with the
provisions of this Act, keeping in view the gravity of offence.
(2)
The Commission shall afford adequate opportunity of
hearing to a person before imposing fine on the person under this Act.
(3)
If the complaint, submitted either by an aggrieved
person or a healthcare service provider, is proved false, the Commission may
impose fine which may extend to two hundred thousand rupees upon the
complainant.
29. Immunity.— No suit, prosecution or
other legal proceedings related to provision of healthcare services shall lie
against a healthcare service provider except under this Act.
30. Bar of jurisdiction.— Save as provided
in this Act, no court other than the Court of the District and Sessions Judge
shall have jurisdiction–
(a)
to question the validity of any action taken, or
intended to be taken, or order made, or anything done or purporting to have
been taken, made or done under this Act; or
(b)
to grant an injunction or stay or to make any interim
order in relation to any proceeding before, or anything done or intended to be
done or purporting to have been done by, or under the orders or at the instance
of the Commission.
31. Appeal.— (1) A person who is aggrieved by the–
(a)
refusal of the Commission to issue or renew a license;
(b)
decision of the Commission to suspend or revoke a
license;
(c)
order of closing down of a healthcare establishment or
making improvements in the healthcare establishment;
(d)
order relating to equipments, apparatus, appliances, or
other things at a healthcare establishment; or
(e)
imposition of fine by the Commission.
may, within thirty days from the
date of communication of the order of the Commission, prefer an appeal in
writing to the District and Sessions Judge.
(2)
The healthcare service provider shall provide legal aid
to a person, working in the healthcare establishment, pertaining to the matters
related to this Act.
CHAPTER VI
FUND, BUDGET AND ACCOUNTS
32.
The Fund.—
(1) There shall be established a Fund for the purposes of this Act which shall
vest in, and be administered and controlled by the Commission.
(2)
The Fund shall consist of–
(a)
such sums as the Government may grant by way of seed
money or otherwise;
(b)
donations from domestic and international donor
agencies and other institutions;
(c)
grants of money and sums borrowed or raised by the
Commission for the purposes of meeting any of its obligations or discharging
any of its duties;
(d)
fees, penalties or other charges imposed under this
Act; and
(e)
all other sums which may in any manner become payable
to or vested in the Commission in respect of any matter incidental to the
exercise of its functions and powers.
(3)
The Fund shall be expended for the purpose of–
(a)
paying any expenditure lawfully incurred by the
Commission, including the remuneration of employees appointed by the
Commission, their provident fund contributions, superannuating allowances or
gratuities
(b)
meeting the costs and charges of the contractors,
inspection teams, advisors, consultants and agents hired by the Commission;
(c)
paying any other expenses, costs or expenditure
properly incurred or accepted by the Commission in the performance of its
functions or the exercise of its powers under this Act, including legal fees
and costs;
(d)
purchasing or hiring equipment, machinery and any other
materials, acquiring land and erecting buildings, and carrying out any other
work and undertakings in the performance of its functions or the exercise of
its powers under this Act;
(e)
repaying any financial accommodation received or moneys
borrowed under this Act and the profit, return, mark-up or interest due
thereon; and
(f)
generally paying any expenses for carrying into effect
the provisions of this Act.
33.
Annual
budget.— (1) The Commission shall prepare and approve annual budget for a
financial year in the prescribed manner.
(2)
No expenditure shall be made for which provision has
not been made in any approved budget except if made from any previously
approved contingency funds, unless further approval is sought and obtained from
the Board.
34.
Annual
report and accounts.— (1) Within ninety days from the end of each financial
year, the Commission shall prepare a report on the activities and performance
of the Commission, including inspections carried out under this Act during the
financial year and submit a copy of the report to the Government.
(2)
The Commission shall keep proper accounts and shall, as
soon as practicable, after the end of each financial year, prepare a statement
of accounts of the Commission for the financial year which shall include a
balance sheet and an account of income and expenditure.
(3)
The Commission shall appoint a firm of chartered
accountants for audit of the statement of accounts of the Commission.
(4)
The Board shall, within one hundred and twenty days of
the end of each financial year, together with the annual report of the
Commission under sub-section (2), send a copy of the statement of accounts of
the Commission certified by the auditors and a copy of the auditors' report to
the Government.
35.
Investments.—
(1) Subject to sub-section (2), the Commission may, in so far as its moneys are
not required to be expended under this Act, invest the surplus moneys in such
manner as may be prescribed.
(2)
The Commission shall not invest its money in listed
securities or any derivative thereof whether listed or not.
CHAPTER VII
MISCELLANEOUS
36.
Executive
authorities to assist the Commission.— All executive authorities and law
enforcement agencies of the Government shall act in aid of the Commission.
37.
Recovery of
fines and other dues as arrears of land revenue.— The Commission may
recover the fines imposed under this Act or other dues recoverable under the
Act as arrears of land revenue under the Punjab Land Revenue Act 1967 ( of
1967).
38.
Failure to
comply with the decision of the Commission.— Any person who, in the opinion
of the Commission, fails to comply with the final decision or recommendation of
the Commission, the Commission may impose a fine which may extend to five
hundred thousand rupees on the person.
39.
Removal of
difficulties.— If any difficulty arises in giving effect to any provision
of this Act, the Government may make such order not inconsistent with the
provisions of this Act as may appear to it to be necessary for the purpose of
removing such difficulty.
40.
Regulations.—
(1) The Commission may, by notification in the official Gazette, make
regulations for carrying out the purposes of this Act.
(2)
Without prejudice to the generality of sub-section (1),
the Commission may make regulations with respect to all or any of the following
matters:-
(a)
the forms, fees and registers for the purposes of this
Act;
(b)
the records of patients treated in a healthcare
establishment are provided;
(c)
the records of the staff of a healthcare establishment;
(d)
the requirements as to the number and qualifications of
nursing and other staff in a healthcare establishment;
(e)
the apparatus, appliances, equipment and instruments to
be provided and maintained in a healthcare establishment;
(f)
the ambulances to be provided and maintained by a
healthcare establishment;
(g)
the standards of accommodation, sanitation, and other
amenities in a healthcare establishment;
(h)
fix penalties according to offence;
(i)
the cleanliness and hygiene in a healthcare
establishment;
(j)
the safety and welfare of patients in a healthcare
establishment are provided;
(k)
the management, control, superintendence and care of a
healthcare establishment;
(l)
the composition, procedures, duties and
responsibilities of quality assurance committees of healthcare establishments;
and
(m)
the regulation and control of prices of the healthcare
services.
(3)
The power to make regulations conferred by this section
shall be subject to the condition of previous publication and, before making
any regulations, the draft thereof shall be published, in the official Gazette,
two newspapers of wide circulation and on the website of the Commission, for
eliciting public opinion thereon within a period of not less than fifteen days
from the date of publication.
41.
Rules.— (1) The Government may, by notification in
the official Gazette, make rules for giving effect to the provisions of this
Act.
(2)
The power to make rules conferred by this section shall
be subject to the condition of previous publication and, before making any
rule, the draft thereof shall be published in the official Gazette for
eliciting public opinion thereon within a period of not less than fifteen days
from the date of publication.
[1]
This Act was passed by the Punjab Assembly on 22 July 2010; assented to by the
Governor of the Punjab on 30 July 2010; and published in the Punjab Gazette
(Extraordinary), dated 2 August 2010, pages 465-477.
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