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The Balochistan Private Hospitals Regulatory Act, 2004
ACT II OF 2004
An Act to regulate the establishment, accreditation,
licensing, control and supervision of Private Hospitals in the
[Gazette of Balochistan, Extraordinary, 8th May, 2004]
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
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
(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
(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
(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
(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
(ii) The Medical Superintendent, Bolan,
(iii) The Medical Superintendent,
Sandeman Provincial. Hospital,
(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 same 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.---
9. Jurisdiction.---
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.
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