1. Short title, extent and commencement
3. Constitution of District Hospital Regulatory Board
4. Power and duties of the Hospital Regulatory Board
5. Power to inspect and Monitor Hospital
8. Cognizance of Offence
10. Power to make Rules
BALOCHISTAN PRIVAE HOSPITALS REGULATORY
ACT II OF 2004
8th May, 2004
An Act to regulate the establishment, accreditation, licensing, control and
Supervision of Private Hospitals in the
Province of Balochistan.
No. PAB/Legis: V (14)2004, dated 8-5-2004.–The Balochistan Private Hospitals Regulatory Bill, 2004 having been passed by the Provincial Assembly of Balochistan on 27th April, 2004, and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly.
Preamble.—Where it is expedient to regulate the establishment, accreditation, licensing, control, and supervision of Private Hospitals in the Province of Balochistan and to provide for matters connected therewith and ancillary thereto;
1. Short title, extent and commencement.—(1) This Act may be called the Balochistan Private Hospitals Regulatory Act, 2004.
(2) It extend to the whole of the Province of Balochistan.
(3) It shall come into -force at once.
2. Definitions:—In this Act, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:–
(a) “Accreditation” means the process of officially, recognizing, registering, categorizing and licensing a hospital;
(b) “License” means a licence granted to a private hospital under this Act;
(c) “Private hospital” means any institution or premises established in the private sector where indoor medical treatment and care is provided to patients by provision of lying beds and where a patient can be admitted and kept for any duration of more than 24 hours with the intention of therapeutic intervention;
(d) “Director/Administrator” means the administrative Head of the Institution or Premises;
(e) “Proprietor” means the person/persons or society or association to whom the institution or premises belongs;
(f) “Government” means the Government of Balochistan;
(g) “Province” means the Province of Balochistan;
(h) “Accredited private hospital” means a private hospital functioning under valid licence to provide clinical services in the Province, guaranteed to provide a certain level of professional quality according to its recognized category;
(i) “Doctor/physician/surgeon” means a medical graduate holding MBBS or equivalent qualification recognized and registered by the Pakistan Medical and Dental Council. The term also includes a qualified, Dental Graduate holding BDS or equivalent qualification recognized and registered by the Pakistan Medical and Dental Council. The term also includes postgraduate doctors in any discipline recognized and registered by the Pakistan Medical and Dental Council.
(j) “Executive District Officer Health” means the persons appointed by the Government to perform the functions of an Executive District Officer of Health in a particular district of the Province.
(k) “Director General Health Services” means the .person appointed by the Government to perform the functions of Director General of Health Services of Balochistan;
(l) “District Hospital Regulatory Board” means a Board established under section 3 of this Act in every district of the Balochistan.
3. Constitution of District Hospital Regulatory Board.—(1) The Government shall constitute the District Hospital Regulatory Boards at every district of the Balochistan in the Office of the Executive District Officer except for District Quetta where the Board shall be constituted in the Office of the Director General Health Services. The Boards shall comprise of chairman and other members, namely:–
(a) For each district of the province except District Quetta.—(i) The executive District Officer Health of the respective district shall be the ch4irman of this Board.
(ii) The Medical Superintendent of the respective District Headquarter Hospital shall be a member.
(iii) Two persons being owner/expert representative of a private hospital located in that particular district shall be the members.
(iv) Two non-doctor, educated and experienced eminent citizens one of whom shall, preferably be female, nominated by the District Government to represent the consumer citizens.
(b) For Quetta, District.—(i) The Director General Health Services, Balochistan, shall be the Chairman of the Board.
(ii) The Medical Superintendent, Bolan, Medical Complex Hospital, Quetta shall be the member.
(iii) The Medical Superintendent, Sandeman Provincial. Hospital, Quetta shall be the member.
(iv) Three persons being owner/expert representative of a private hospital located in Quetta District shall be, the members.
(v) Two non-doctor, educated and experienced eminent citizens, one of whom shall be a female will be nominated by the. Government to represent the consumer citizens:
(2) All the private Lion-governmental members shall, unless he resigns or is removed from membership earlier, hold membership of the Board for two years term and shall .be eligible for re-nomination for a similar term.
(3) Owner/representative of the private hospital as a member of the Board shall be nominated first time by the District Government of the respective district’ and in case .of District Quetta by the Provincial Government. Thereafter, members to these vacancies shall be nominated by the private hospitals in respective districts through the consensus. In case of dispute on such subsequent nominations among the private hospital within a district, which does not resolve in stipulated time, the Chairman of the Board shall recommend the required action on the matter of such nominations to the respective Governments for final decision. The decision of the respective Government in the matter shall be final.
(4) A private/non-governmental member may resign from his membership submitting his resignation to ‘the respective District and Provincial Government or he may be removed from being a member of the Board by the respective District and Provincial Government if upon inquiry by the Chairman of the Board he is found unable to perform the functions because of mental or physical incapacity or misconduct.
(5) To carry out the purposes of this Act any District Hospital Regulatory Board through its Chairman may request to the Provincial Government for temporary provision of experts, consultants and advisors from amongst in service officers of the Health Department.
(6) All decisions of the Board will be taken by majority of members present, and in case of a tie, the Chairman shall exercise a casting vote.
4. Power and duties of the Hospital Regulatory Board.—(1) The Board shall exercise such powers and perform such functions and their business shall be conducted in su4 manner and in accordance with such procedure as may be prescribed in the Rules.
(2) The Board shall ensure the presence of minimum prescribed standards regarding physical and technical facilities required to be provided in a private hospital, which shall be fulfilled before registration/accreditation is granted.
(3) The Board shall have exclusive power, to be exercised in the manner prescribed in the rules to register and grant, extend, modify, amend, suspend or revoke a licence in respect of creation, operation or any other related matter of a private hospital within the respective district.
(4) All applications for the grant of any licence shall contain such information and be in such format as may be prescribed in the Rules.
(5) Any, hospital shall before commencement of its services or within fifteen days of its commencement submit to the respective District Hospital Regulatory Board application for registration and licence. The Board shall arrange for completion of formalities and inspection at the cost of hospital concerned, and decided its licence status within 60 days of such an application.
(6) Any Hospital found deficient at the stage of initial issue of licence, or at a later inspection will be given a grace period of ninety days to complete such a deficiency. After which if the deficiency is not met in a satisfactory manner the Board may direct closure of such hospital after giving an opportunity of being heard.
(7) Within twelve months of the promulgation of the Act all existing private hospitals in all the districts of Balochistan will have to get registration and a valid licence from their respective District Hospital Regulatory Board. After which no hospital, which is not registered with their respective Boards, would be allowed to operate in the District.
5. Power to inspect and Monitor Hospital.—(1) The Board shall have the power to cause inspection of private hospitals within their respective jurisdiction at any time or, as may be prescribed in the Rules for the purpose of this Act.
(2) The Board shall have the power to explore, investigate, or do any other action to be determined by the Board, on any case reported to it, or suo motu, in respect of any private hospital within its jurisdiction, make recommendations in this regard and pursue the implementation of such recommendations by quarters concerned.
6. Appeal.—(1) Any party aggrieved by Any decision given by the District Hospital Regulatory Board under this Act may within sixty days of such decision prefer an appeal to the Secretary, Government of Balochistan, Health Department.
(2) Any order passed by the Appellate Authority shall be final.
7. Penalty.—If any private hospital is fond un-registered after the expiry of twelve months of the promulgation of this Act or the issuance of the notification by the Government, then the proprietor and the Director both shall be liable to penalty, to be imposed by Court of Law which may extend to the imprisonment up to two years and fine up to rupees five lac or with both. In. case of proprietor being a society or Association each member shall be punishable to imprisonment up to two years and fine up to rupees five lac or with both.
8. Cognizance of Offence.—No Court shall take cognizance of the offence punishable under this Act except upon a written complaint filed by the Ministry of Health of the Provincial Government.
9. Jurisdiction.—No Court inferior to that of District Judge shall try an offence punishable under this Act.
10. Power to make Rules.—The Government may, by notification in the official Gazette, make Rules, not inconsistent with this Act to give effect to the provisions of this Act.
11. Repeal.—The Balochistan Hospital Regulatory Authority Ordinance, 2001 (XLIV of 2001) is hereby repealed.