AN
ACT
to provide for medical aid and treatment of injured
persons in the Province of the Khyber
Pakhtunkhwa.
WHEREAS it is
expedient to make provisions for medical aid and treatment of injured persons
to save their lives and protect their health during emergency;
It is hereby enacted as follows:
1.
Short title, extent and commencement.---(1) This Act may be called the Khyber
Pakhtunkhwa, Injured Persons and Emergency (Medical Aid) Act, 2014.
(2)
It extends to the whole of the Province of the Khyber
Pakhtunkhwa.
(3)
It shall come into force at once.
2.
Definitions.— In this Act, unless there is
anything repugnant in the subject or context,-
(a)
“doctor” means a medical practitioner registered under
the Medical and Dental Council Ordinance, 1962 (XXXII of 1962);
(b)
“emergency” means medical and surgical emergency;
(c)
“Government” means the Government of the Khyber
Pakhtunkhwa;
(d)
“hospital” means a hospital notified under section
7;
(e)
“injured person” means a person injured due to traffic
accident, assault or any other cause who is in need of an immediate
treatment;
(f)
“prescribed” means prescribed by rules; and
(g)
“rules” means rules made under this Act.
3.
Injured persons to be treated on priority basis.---
Where an injured person is brought to a hospital, he shall be provided medical
aid and without delay, on priority basis, over all other medico-legal
formalities.
4.
Non-interference by the police.--- No
police officer or official shall interrupt or interfere during the period an
injured person is under treatment in a hospital except with the written
permission of the Incharge of the hospital:
Provided that such
permission shall not be given unless it is necessary in connection with an
investigation which may be carried out in the hospital so long as the injured
person is under treatment.
5.
Consent of relatives not required in certain cases.---
Where an injured person requires emergency treatment or operation, the doctor
treating or operating the injured person need not wait for the consent of the
relatives of the injured person:
Provided that if the
relatives of the injured person are present at the time of emergency such
treatment or operation may be carried out with the consent of such relatives.
6.
Shifting of an injured person to another hospital.---
(1) An injured person shall not be
shifted to another hospital, unless the
doctor is of the opinion that the treatment require for the injured person is
not available in the hospital.
(2)
The injured person, as the doctor deem it necessary
under sub-section (1), shall be shifted to an other hospital without any delay
alongwith the complete record of the injured person.
(3)
The record referred to in sub-section (2), once handed
over to be management of the hospital to which such injured person in shifted,
shall be maintained by such hospital and a copy thereof shall be retained by
the management of the hospital. The in charge of both hospitals shall be
responsible for ensuring that such record is kept in a safe custody where it
cannot be tempered with:
Provided that an
injured person shall not be shifted, unless he is accompanied by a doctor of
the hospital.
7.
Hospital to be notified.--- (1) Government
shall, by notification in the official Gazette, notify Government hospital
having in-patient beds and also having facilities to deal with the emergencies
to provide medical aid and treatment to the injured persons:
Provided that an
areas where above referred facility in not available, a rural health center established
by Government in the area, having facility to deal with the emergencies, may be
notified as hospital for the purposes of this Act.
(2)
The hospital shall have a dedicated and trained doctor
in emergency care and medico legal procedures.
(3)
Government shall provide free treatment and care to all
the injured persons, immediately, as and when received in the hospital.
8.
The injured person not to be taken to a police
station.--- (1) Under no circumstances an injured person be taken to a
police station before necessary medical aid and treatment is given.
(2)
The police officer is bound to ensure that the injured
person is treated in a hospital as provided in this Act before any medico-legal
procedure is undertaken. The police officer shall not in any way influence the
doctor or to give any opinion about the type and details of injury of the
injured person.
9.
The person bringing the injured person to hospital
not to be harassed.--- The person, who on humanitarian basis, in
particular in traffic accident cases, brings an injured person to a hospital
shall not be harassed and shall be shown due respect and acknowledged for
helping the injured person. He shall be allowed to leave the hospital after
taking down his name, address, telephone number and he shall provide a copy of
his National Identity Card within three days, if the same is not immediately
available with him or any other proof to the satisfaction of the in charge of
the hospital:
Provided that nothing
herein contained shall absolve the person bringing an injured person to
hospital from any liability under any other law for the time being in force for
causing injury to such person.
10.
Awareness campaign.--- An awareness
campaign shall be carried out regularly to educate the public, medical professionals
and the police about medico-legal procedures.
11.
Penalty.--- Whoever contravenes or
violates the provisions of this Act or the rules made thereunder shall be
punishable with imprisonment which may extend to two years, or with fine not
less than ten thousand rupees, or with both, in addition to any other penalty
to which he may be liable under any other law for the time being in force:
Provided that where
penalty of fine is imposed, half of such fine shall be paid to injured person
or his heirs, as the case may be, as compensation:
Provided further that
the Court of Judicial Magistrate, First Class may, incase of a doctor, direct
the Medical and Dental Council to cancel the registration of such doctor.
12.
Cognizance of cases.--- (1) No Court of
the Judicial Magistrate, First Class shall take cognizance of a case under this
Act, except upon a complaint made by an officer authorized in writing in this
behalf by Government.
(2)
Government shall notify authorized officers under
sub-section (1), within thirty days of the commencement of this Act.
13.
Instructions.--- Government may issue
instructions from time to time carry out the purposes of this Act and the
defaulting doctor or the police officer or official, shall be liable to
disciplinary action for contravention of such instructions, besides the penalty
to which he may be liable under section 11.
14.
Power to make rules.--- Government may, by
notification, make rules to carry out the purposes of this Act.
15.
Repeal and savings.---(1) The Injured Persons (Medical Aid) Act, 2004
(Act No. XII of 2004), to extent of the Province of the Khyber Pakhtunkhwa is
hereby repealed.
(2)
Notwithstanding the aforesaid repeal, anything done,
action taken, rules made, and notification or order issued under the aforesaid
Act, shall, so far as it is not inconsistent with the provisions of this Act,
be deemed to have been done, taken, made or issued, under this Act, and shall
have effect accordingly.
BY ORDER OF MR. SPEAKER
PROVINCIAL
ASSEMBLY OF KHYBER
PAKHTUNKHWA
__________________________________________________________________
(AMANULLAH)
Secretary
Provincial Assembly of Khyber Pakhtunkhwa
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