[no. 24 of 2009 349 the health professions act, … · the health professions act, 2009 arrangement...

Health Professions [No. 24 of 2009 349

THE HEALTH PROFESSIONS ACT, 2009

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Short title and commencementInterpretation

PART II

THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA

Continuation and renaming of Medical Council of ZambiaFunctions of CouncilRegistrar

PART IIIREGISTRATION OF HEALTH PRACTITIONERS

Prohibition of practising without registrationApplication for registrationRegistration of health practitionersProvisional registrationTemporary registrationRegistration for limited periodSpecialist registrationChanges in detailCancellation of registrationProhibition of practise without practising certificateApplication for practising certificateDisplay of practising certificateRenewal of practising certificateCancellation of practising certificateRegulations relating to practising certificateConditions of certificateProhibition of transfer of certificateRemoval and restoration of name on registerRe-registrationDuplicate certificate of registrationCertificate of statusRegisterPublication of copies of RegisterAppealsHolding out as health practitioner

31. Offences regarding health practitionersSingle copies of this Act may be obtained from the Government Printer,

P.O. Box 30136, 10101 Lusaka. Price K23, 000 each

350 No. 24 of 2009]Health Professions

PART IV

TRAINING

Prohibition of provision of unauthorised training programme

Application for approval of training programme

Review of approved training programme

Continuing professional development and training

PART V

LICENSING OF HEALTH FACILITIES

Prohibition of operating health facility without licence

Application for licence to operate health facility

Issue of license

Refusal to issue licence

Display of licence

Variation of licence

Surrender of licence

Transfer of licence

Amendment of licence

Renewal of licence

Suspension or cancellation of licence

Inspection of health facility

Entry and inspection

Report of inspection

Closure of health facility

Prohibition of treatment or diagnosis without medical doctor

or registered health practitioner

Publication of licensed health facility

Offences relating to health facilities

PART VI

ACCREDITATION OF HEALTH CARE SERVICES

Application for accreditation of health care service

Grant of accreditation

Refusal to grant accreditation

Renewal of accreditation

Revocation of accreditation

Provision of health care service without accreditation


PART VII

D ISCIPLINARY COMMITTEE

Code of EthicsProfessional misconductInitiation of disciplinary actionDisciplinary committeeFunctions of Disciplinary committeeProceedings of Disciplinary committeePowers of Disciplinary CommitteeReports by Disciplinary committeeAppeals to High CourtRules of Chief JusticeRules relating to disciplinary proceedings

PART VIII

GENERAL P ROVISIONS

Jurisdiction over acts committed outside ZambiaPresumption of non registrationNo execution on property of Council

74. General penalty'75. Offences by body corporate or un incorporate body

Authority to issue guidelinesRegulations

78. Repeal of Act No. 22 of 1977

First ScheduleSecond Schedule


GOVERNMENT OF ZAMBIA

ACTNo. 24 of 2009

Date of Assent:28th August, 2009

An Act to continue the existence of the Medical Council ofZambia and rename it as the Health Professions Councilof Zambia; provide for the registration of healthpractitioners and regulate their professional conduct;provide for the licensing of health facilities and theaccreditation of health care services provided by healthfacilities; provide for the recognition and approval oftraining programmes for health practitioners; repeal theMedical and Allied Professions Act, 1977; and providefor matters connected with or incidental to the foregoing.

[3 I st August, 2009

ENACTED by the Parliament of Zambia. Enactment

PART I

PRELIMINARY

This Act may be cited as the Health Professions Act, 2009,and shall come into operation on such date as the Minister may, bystatutory instrument, appoint.

(1) In this Act, unless the context otherwise requires —"accreditation" means the approval granted by the Council to

a licensed health facility to provide one or more medicalservices relating to the preventive, diagnostic or treatmenttechniques of a particular disease or organ class;

"appointed date" means such date as the Minister may appointunder section one;

Short titleandcommencematt

Interpretation


"certificate of registration" means the certificate issued undersection eight;

"Chairperson" means the person appointed as Chairpersonunder paragraph 1 of the First Schedule;

"Code of Ethics" means the code of professional conductadopted and published by the Council;

"consulting room" means a room used by a health practitionerfor consulting and diagnosis;

"Council" means the Health Professions Council of Zambiacontinued under section three;

"diagnostic centre" means a laboratory or radiological service,or any other related service;

"Disciplinary Committee" means the Committee constitutedunder section sixty-three;

"former Council - means the Medical Council of Zambiaestablished under the repealed Act;

"health care service" means a service provided by a healthpractitioner or health facility for the prevention, treatmentand management of illness and the preservation of mentaland physical well being;

"health facility" means any site, fixed or mobile, providingservices for the prevention, diagnosis and treatment ofdisease or illness and includes a diagnostic centre, a hospiceand a hospital;

"health practitioner" means a person registered as a healthpractitioner under section eight;

"health profession" means a profession whose member isrequired to register under section eight and "healthprofessional" shall be construed accordingly;

"hospice" means a place where a person who is terminally illreceives medical, nursing, nutritional, psychological andspiritual care;

"hospital" means a health institution providing in- patient healthcare under the supervision of a medical doctor, whichincludes one or more of the following health services:


medicine;

surgery;

obstetrics and gynaecology; or

paediatrics;

"inspector' means a person appointed as an inspector undersection forty-seven;

"organ class" means parts of the human body with similar orrelated anatomical functions and includes the endocrinesystem, cardiovascular system or nervous system;

"peer" means a member of the same health profession withsimilar specialisation, if any, and an equivalent number ofyears of medical practise;

"practising certificate" means a certificate issued to a healthpractitioner under section sixteen;

"professional misconduct" has the meaning assigned to it undersection sixty-one;

"provisional certificate of registration" means the registrationeffected under section nine,.

-quality assurance information" means data from a medicalrecord showing the nature of diagnosis and treatment givento a patient, without identifying the patient;

-Register" means the Register referred to under sectiontwenty-seven; Cap. 297

"Registrar" means the person appointed as Registrar undersection five,.

"repealed Act" means the Medical and Allied ProfessionsAct, 1977;

"scope of practise" means the range of knowledge expectedof a particular health profession, and the preventive,diagnostic and treatment techniques which a healthpractitioner is allowed to perform, and the conditions under

which the health practitioner may engage in those techniques;

"speciality" means a special field of work or study that ahealth practitioner specialises in or intends to specialise in;

"specialist - means a person registered as a specialist undersection twelve;


Continuationand renamingof MedicalCouncil ofZambia Cap.297

Functions ofCouncil

"temporary certificate of registration" means the registrationeffected under section ten,. and

"Vice-Chairperson" means the person appointed as Vice-Chai € person under paragraph 1 of the First Schedule.

(2) In this Act, any reference to the removal from, or therestoration to, the Register of the name of a health practitioner,shall be construed as including a reference to the removal from, orthe restoration to, the Register of any other registrable particularsrelating to that health practitioner.

PART IITHE HEALTH P ROFESSIONS COUNCIL OF ZAMBIA

3. (1) The Medical Council of Zambia established under therepealed Act shall continue to exist as if established under this Actand is for purposes of this Act hereby renamed the HealthProfessions Council of Zambia.

The Council shall be a body corporate with perpetualsuccession and a common seal, capable of suing and being sued inits corporate name and shall, subject to the provisions of this Act,have power to do all such acts and things as a body corporate may,by law, do or perform.

The provisions of the First Schedule apply to the Council.4. ( 1 ) The functions of the Council are to—

register members of the health profession and regulatethe professional conduct of health practitioners;

maintain appropriate practise standards among healthpractitioners that are consistent with the principle of self-regulation and the promotion of high standards of publichealth;

develop, promote, maintain and improve appropriatestandards of qualification in the health profession;

promote the integrity, and enhance the status, of the healthprofession including the declaration of any particularhealth practise to be undesirable for all, or a particularcategory of, health practitioners;

(e) licence public and private health facilities, accredit healthservices and monitor quality control and assurance ofhealth facilities and services;

(f)represent, coordinate and develop the health professionand promote its interest;

develop, promote and enforce internationally comparablepractise standards in Zambia;

investigate allegations of professional misconduct andimpose such sanctions as may be necessary;

(i) protect and assist the public in all matters relating to thepractise of the health profession;


Wadvise the Minister on matters relating to the healthprofession; and

(k) do all such things as are necessary or incidental to theperformance of its functions under this Act.

(2) The Council may—determine and levy fees that the Council considers

necessary to finance its activities under this Act;determine the fees payable for an inspection conducted

for the purposes of this Act;determine fees for the accreditation of local and foreign

training institutions and qualifications; anddetermine what portion of any fee is payable in respect of

any part of a year and the date on which the fee orportion thereof is payable.

5. (1) The Council shall appoint a Registrar, who shall be the Registrar

Chief Executive Officer, on such terms and conditions as the Councilmay determine.

The Registrar shall be the Secretary to the Council andshall be responsible for the day to day administration of the affairsof the Council, under the supervision of the Council.

The Council may, whenever the Registrar is absent or isfor any other reason unable to discharge the functions of theRegistrar's office, appoint an acting Registrar to discharge theRegistrar's functions.

(4) The Council shall appoint, on such terms and conditions asthe Council may determine, such other staff as may be necessaryfor the purposes of this Act.

PART III

REGISTRATION OF HEALTH PRACTITINERS

(1) A person shall not practise as a health practitioner, unlessthat person is registered as a health practitioner in accordancewith this Act.

(2) A person who contravenes subsection (1) commits an offenceand is liable, upon conviction, to a fine not exceeding five hundredthousand penalty units or to imprisonment for a period not exceedingfive years, or to both.

(1) A person who wishes to be registered as a healthpractitioner, shall apply to the Council for registration in theprescribed manner and form upon payment of the prescribed fee.

The Council may determine different fees for differentcategories or classes of health practitioners.

The Council shall, within thirty days of receipt of an

Prohibitionof practisingwithoutregistration

Applicationforregistration


Registrationof healthpractitioners

application under subsection (1), grant or reject the application.

(4) The Council shall, where it rejects an application undersubsection (3), inform the applicant accordingly and give the reasonstherefor.

8. (1) The Council shall, where an application meets therequirements of this Act, register the applicant as a health practitionerand issue the applicant with a certificate of registration.

(2) The Council shall register a health practitioner as —

a medical doctor;

a medical licentiate;

a clinical officer;

an emergency care officer;

(e) a dental surgeon;

(pa dental technologist;

a dental therapist;

an oral hygienist;

(i) a pharmacist;

(j)a pharmacy technologist;

(/c) a radiographer;

Man X-ray assistant;

a biomedical scientific officer;

a medical laboratory technologist;a medical laboratory technician;

a physiotherapist;

an osteopath;

an orthopaedic technologist;

an occupational therapist;

a clinical psychologist;

a medical sociologist;

a medical social worker;

a nutritionist and dietician;

an audiometrist;

an optician, optometrist and dispensing optician;

an environmental health officer;

(aa) an environmental health technologist; or

(ab) any other health profession as the Minister may prescribe,


on the recommendation of the Council.

A holder of a provisional certificate of registration or atemporary certificate of registration may apply to the Council for acertificate of registration in the prescribed manner and form uponpayment of the prescribed fee.

The Council shall, within thirty days of receipt of anapplication under subsection (3), grant or reject the application.

The Council shall, where it rejects an application undersubsection (4), inform the applicant accordingly and give the reasonstherefor.

Subject to the provisions of this Act, the Council shall issuea certificate of registration under this section—

(a) to a holder of a provisional certificate of registration, ifthe holder-

has practised in a health facility approved by theCouncil for a period of not less than twelvemonths;

is of good character and good professionalstanding; and

(iii) meets such other requirements as may beprescribed; and

(b) to a holder of a temporary certificate of registration, if theholder—

has completed at least twelve months ofcontinuous employment in a health facility thatholds a class A or class B licence under sectionthirty-eight; and

submits a letter from the person's supervisor atthe health facility referred to under sub-paragraph (i), stating that the person hasperformed satisfactorily and displayed skills andknowledge equivalent to those of healthpractitioners trained in Zambia.

(7) The Minister may, by statutory instrument, on therecommendation of the Council, prescribe—

the qualifications for registration of a person as a healthpractitioner; and

the scope of practise for health practitioners registeredunder this Act.

360 No. 24 of 20091Health Professions

Provisionalregistration

Temporaryregistration

9. (1) A person who holds a qualification from a traininginstitution recognised by the Council, or a holder of a temporarycertificate of registration, may apply for provisional registration inthe prescribed manner and form upon payment of the prescribedfee.

(2) Subject to the provisions of this Act, the Council shall. wherea person makes an application under subsection (1), issue the personwith a provisional certificate of registration if—

the person meets the requirements for provisionalregistration; and

the Council determines that the training previously receivedby the person is equivalent to that required for provisionalregistration.

(3) The Council shall, where it rejects an application forprovisional registration, inform the applicant accordingly and givethe reasons therefor.

A person holding a provisional certificate of registrationmay engage in employment as a health practitioner in Zambia.

The Council shall not issue a person with a provisionalcertificate of registration for a period exceeding two years.

(6) The Minister may, by statutory instrument, on therecommendation of the Council, make regulations to regulate thescope of practise of holders of provisional certificates of registration.

10. (1) Subject to the provisions of this Act, a person who istrained outside Zambia and is not a holder of a qualificationrecognised by the Council, may apply for temporary registration.

(2) The Council shall, upon receipt of an application made undersubsection (1), issue the applicant with a temporary certificate ofregistration if the applicant—

possesses such knowledge and training as may beprescribed;

has passed the prescribed assessment examinationconducted by the relevant training institution in Zambia,recognised by the Council;

(c) provides a certificate of good standing from the professionalregistration body in the country where the person iscurrently practising;

Health Professions[No. 24 of 2009 361

proves that the person is sufficiently knowledgeable inthe English language; and

shall serve in Zambia at the request of the ZambianGovernment or a health facility licenced under this Act.

The Council shall not issue a person with a temporarycertificate of registration for a period exceeding two years.

The Council shall, where it rejects an application fortemporary registration, inform the applicant accordingly and givethe reasons therefor.

11. (1)The Council may, at the request of a health facility Registration

licensed under this Act, register a health practitioner, qualified in for limited

another country, to provide health care in Zambia for a limited period

period of time, at the health facility.

The Council shall register a health practitioner for a limitedperiod if the health practitioner holds equivalent registration in thehealth practitioner's country of origin and the health practitioner isin good standing with the relevant professional body in the healthpractitioner's country.

The Council may specify the terms and conditions to whichthe registration under this section is subject, including the acts to beperformed, or the nature of supervision required, by the healthpractition-er.

The Council shall register a health practitioner under thissection for a specified period of time not exceeding six months.

The Council may, on the application of a health facility,renew the registration of a health practitioner under this section onsuch terms and conditions as the Council may determine.

12. (1) A health practitioner who wishes to be registered as a Specialist

specialist shall apply to the Registrar for registration, in the registration

prescribed manner and form upon payment of the prescribed fee.

(2) The Registrar shall register a health practitioner as aspecialist, if the health practitioner holds a post-graduate qualificationapproved by the Council.

13. A person registered under this Act, shall notify the Registrarof any change of that person's particulars relating to the registration,

within seven days of the change.

Changes indetail


Cancellation14. (1) The Council shall cancel the registration of a healthof registration

practitioner where—

Prohibitionof practisewithoutpractisingcertificate

Applicationforpractisingcertificate

the Council has reasonable grounds to believe that theregistration was obtained through fraud, mispresentationor concealment of any material fact;

the health practitioner is found guilty of professionalmisconduct under this Act or the Code of Ethics;

the health practitioner has ceased to be employed by, orto practise at, a health facility for which the registrationwas obtained;

the period for which the registration of the healthpractitioner was issued has lapsed;

(e) the health practitioner is convicted of an offence underany law; or

(f)since the registration, circumstances have arisendisqualifying the health practitioner from registration.

The Council shall, before cancelling the registration of ahealth practitioner under subsection (1), give the health practitioneran opportunity to be heard.

The Council may, before cancelling the registration of ahealth practitioner, suspend the health practitioner for such periodand on such terms and conditions as the Council may determine.

(4) Where the Council cancels the registration of a personunder this section, the person's name shall be removed from theRegister and shall not be restored except on such conditions asmay be prescribed by the Council and upon payment of theprescribed fee.

(1) A person shall not practise as a health practitioner,unless that person holds a practising certificate issued by the Councilunder this Act.

(2) A person who contravenes subsection (1) commits anoffence and is liable, upon conviction, to a fine not exceeding ninehundred thousand penalty units or to imprisonment for a period notless than ten years and not exceeding twenty years, or to both.

( I ) A health practitioner shall apply for a practisingcertificate in the prescribed manner and form upon payment of theprescribed fee.


(2) The Registrar shall, upon receipt of an application undersubsection (1) and where the application meets such requirementsas may be prescribed, issue the health practitioner with a practisingcertificate.

A holder of a practising certificate shall display the practisingcertificate in a conspicuous place at the place of practise.

(1) A practising certificate shall be renewed annually inthe prescribed manner and form upon payment of the prescribedfee.

A practising certificate that is not renewed in accordancewith subsection (1) is void.

A health practitioner who practises during any period inwhich the health practitioner's practising certificate is void commitsan offence and is liable, upon conviction, to a fine not exceedingseven hundred thousand penalty units or to imprisonment for aperiod not exceeding seven years, or to both.

19. (1) The Council shall cancel a practising certificate if theholder—

Display ofpractisingcertificate

Renewal ofpractisingcertificate

Cancellationof practisingcertificate

is found guilty of any professional misconduct;

is declared to be of unsound mind;

is an undischarged bankrupt;

contravenes the provisions of the Public Health Act or Cap 295

any other relevant law;

(e) is a proprietor, or in charge of, a health facility which isclosed or whose licence is cancelled under this Act;

(f)obtained the practising certificate through fraud,misrepresentation or concealment of a material fact; or

(g) commits an offence under this Act or contravenes theCode of Ethics.

Where the registration of a health practitioner is cancelledunder this Act, the practising certificate held by the healthpractitioner shall be void and shall be surrendered to the Council.

The Council shall, before cancelling the practising certificateof a health practitioner under this section, give the health practitioneran opportunity to be heard.


(4) The Council may, before cancelling the practising certificateof a health practitioner, suspend the health practitioner for suchperiod and on such terms and conditions as the Council maydetermine.

Regulations20. The Minister may, by statutory instrument, on therelating torecommendation of the Council, make regulations to provide for—practisingcertificates

(a) the terms and conditions for the issuance of practisingcertificates;

the type of continuing professional development andtraining and any other information required for theissuance of a practising certificate; and

any other matter necessary for purposes of this Act.

A certificate issued under this Part shall contain such termsand conditions of the certificate as the Council may determine.

A certificate issued under this Part shall not be transferredto a third party.

23. (1) The Minister may, on the recommendation of theCouncil, make regulations prescribing the circumstances andmanner in which a health practitioner —

(a) may be removed from the Register; and

(h) who is removed from the Register, may be restored onthe Register and ti-.e fee to be paid for the restoration.

Subject to subsection (1), a health practitioner who isremoved from the Register ceases to be a registered healthpractitioner.

The Council may, where a health practitioner informs theRegistrar that the health practitioner does not intend to practise fora specified period of time, maintain the name of the healthpractitioner on the Register, in a non-practising category, for thatperiod of time.

Re-registration24. Where the registration of a health practitioner has been

cancelled or suspended, the health practitioner affected may,subject to such terms and conditions as the Council may determine,apply for re-registration.

Conditions ofcertificate

Prohibition oftransfer ofcertificate

Removal andrestorationof name onRegister


(1) A person whose certificate of registration is destroyedor lost may apply to the Registrar for a duplicate certificate in theprescribed manner and form upon payment of the prescribed fee.

(2) The Registrar may, upon receipt of an application undersubsection (1), issue a duplicate certificate of registration to theapplicant.

(1)A person may apply to the Registrar for a Certificate ofcertificate of status, containing particulars relating to a health statuspractitioner's registration, in the prescribed manner and form andupon payment of the prescribed fee.

(2) Upon receipt of an application under subsection (1), theRegistrar may issue a certificate of status to the applicant in theprescribed form.

27. (1) The Registrar shall keep and maintain a Register of Registerall health practitioners registered under this Act in which the Registrarshall enter the details and particulars relating to-

fully registered health practitioners;

the holders of-

practising certificates;

provisional certificates of registration; and

(iii) temporary certificates of registration;

persons registered for a limited period;

person registered as specialists;

(e) the applications rejected and the reasons therefor; and

(f)any other information as the Council may determine.

The Register shall be kept in the custody of the Registrarat the offices of the Council, and shall be open for inspection bymembers of the public during normal office hours upon payment ofsuch fee as the Council may determine.

The Registrar may, upon application by any person, issueto the person a certified extract from the Register, or a copy of acertificate of registration, upon payment of such fee as the Councilmay determine.

28. (1) The Registrar shall, on the direction of the Council,cause copies of the Register and any alterations thereof, or additionsthereto, to be printed and published in such manner and form as theCouncil may direct.

Duplicatecertificate ofregistration

Publicationof copies ofRegister


Appeals

Holding out ashealthpractitioner

(2) Subject to this Act, a copy of the last published and printedRegister shall be evidence admissible in all legal proceedings ofwhat is contained in that Register and the absence of the name ofa health practitioner from that copy, shall be prima facie evidencethat the health practitioner is not registered.

(1) A person aggrieved with a decision of the Council may,within thirty days of receiving the decision, appeal to the Minister.

(2) A person aggrieved with a decision of the Minister may,within thirty days of receiving the decision, appeal to the HighCourt.

(1) A person shall not, unless the person is registered as ahealth practitioner under this Act—

practise as, be employed as, offer health care servicesas, be engaged as an agent of, or hold out to be, a healthpractitioner;

adopt, use or exhibit the term "health practitioner"or anyother term of like description; or

(c) do anything likely to lead persons to infer that the personis a registered health practitioner.

A person or health facility shall not employ a person whois not registered under this Act as a health practitioner.

A person who contravenes subsection (1) or (2) commitsan offence and is liable, upon conviction, to a fine not exceedingseven hundred thousand penalty units or to imprisonment for aperiod not exceeding seven years, or to both.

A health practitioner who permits that health practitioner'sname to be used by a person who is not a registered healthpractitioner commits an offence and is liable, upon conviction, to afine not exceeding seven hundred thousand penalty units or toimprisonment for a period not exceeding seven years, or to both.

Nothing in this section shall prevent a trainee, undergoingtraining for the purpose of qualification for registration as a healthpractitioner, from employment or performance of health careservices under the direct supervision of a registered healthpractitioner in accordance with such for trainingprogrammes as the Council may determine.


31. (1) A person shall not —

make or cause to be made an unauthorised entry, alterationor erasure in the Register or a certified copy of an entryin the Register or a certificate of registration or othercertificate issued under this Act;

impersonate or use the title of a registered healthpractitioner while not registered as such under this Act;

procure, or attempt to procure, registration under this Act,by fraud, false representation or the concealment of amaterial fact;

forge a certificate of registration or other certificate issuedunder this Act;

or

(e) undertake to provide health care services in excess of thescope of practise permitted for the registered healthprofession.

(2) A person who contravenes subsection (1), commits anoffence and is liable, upon conviction, to a fine not exceedingseven hundred thousand penalty units or to imprisonment for aperiod not exceeding seven years, or to both.

PART IV

TRAINING OF HEALTH PROFESSIONALS

32. (1) A training institution shall not provide, or hold out asproviding, training to prepare students for a health profession, unlessthe training programme is approved by the Council.

(2) A training institution that contravenes subsection (1)commits an offence and is liable, upon conviction, to a fine notexceeding five hundred thousand penalty units, and to a fine offorty thousand penalty units for each day during which the offencecontinues.

Offencesregardingregisteredhealthpractitioners

Prohibitionof provisionofunauthorised

trainingprogramme

33. (1)A training institution that intends to offer training Application

in a health profession shall apply to the Council for approval of the for approvalof training

training programme in the prescribed manner and form upon programme

payment of the prescribed fee.

(2) The Council may, after review of a proposed trainingprogramme, approve the training programme if the trainingprogramme meets the requirements of this Act and if the trainingprogramme shall adequately prepare students for service in aparticular health profession.


Review ofapprovedtrainingprogramme

Continuingprofessionaldevelopmentand training

The Council may accept the successful completion of atraining programme approved under subsection (2), as meeting someor all of the requirements for provisional registration in a particularhealth profession.

The Council shall not, where a training institution uses atraining programme in the training of a health profession which isnot approved under this section, accept the training as meeting thetraining requirements for registration in that health profession.

34. (1) The Council shall, at least every five years from thedate of the approval of a training programme under section thirty-three, review the approved training programme, including theperformance of the graduates of the programme.

(2) The Council shall withdraw the approval of a trainingprogramme, where it determines that —

the training programme no longer meets the requirementsof this Act; or

the graduates of the training programme consistently failto meet the standards required by their health profession.

35. (1) The Minister may, by statutory instrument, on therecommendation of the Council, make regulations to provide forcontinuing professional development and training to be undertakenby health practitioners.

(2) Notwithstanding the generality of subsection (1), theregulations may provide for—

the nature and extent of continuing professionaldevelopment and training to be undertaken by healthpractitioners;

the criteria for recognition by the Council of continuingprofessional development, training programmes andtraining institutions for purposes of this Act;

the minimum professional and technical training to beprovided by a training institution to a health practitionerwho is to be registered in a health profession; and

the requisite infrastructure of training institutions,appropriate educational and training curricula,qualifications of faculty personnel, suitable trainingequipment and staffing levels of medical and otherpersonnel.

•

it I


PART V

LICENSING OF HEALTH FACILITIES

36 (1)A person shall not operate a health facility withouta licence issued in accordance with the provisions of this Part.

(2) A person who contravenes subsection ( 1) commits anoffence and is liable, upon conviction, to a fine not exceeding fivehundred thousand penalty units or to imprisonment for a term notexceeding five years, or to both.

A person who intends to operate a health facility shall applyto the Council for a licence in the prescribed manner and formupon payment of the prescribed fee.

(1) The Council shall, where a health facility meets therequirements of this Act, issue the applicant with a licence accordingto the following classes:

class A, for a health facility to provide in-patient care foracutely ill persons requiring regular monitoring andintervention by a medical doctor, including a hospital anda hospice to provide palliative care for the terminally ill:

Provided that the health care in the facility shallbe supervised by a medical doctor;

class B, for a health facility to provide diagnostic service,prevention and treatment of disease and illness on anout-patient basis and to incorporate the services ofmultiple registered health practitioners and the use ofequipment for diagnosis and treatment, including medicallaboratories;

class C, for a health facility to provide diagnostic service,prevention and treatment of diseases and to performphysical examinations using simple equipment and takingspecimens for laboratory analysis, but not including afacility to employ multiple registered health practitionersand to use extensive diagnostic equipment or invasiveprocedures;

class D, for a health facility to provide diagnostic servicein any place other than a hospital;

(e) class E, for a health facility to provide physiotherapy,occupational and hydrotherapy services in any placeother than a hospital; or

Prohibition ofoperatinghealth facilitywithoutlicence

Applicationfor licence tooperatehealthfacilityIssue oflicence


Refusal toissuelicence

Display oflicence

Variation oflicence

(f)any other class as the Minister may prescribe, by statutoryinstrument, on the recommendation of the Council.

The Council may prescribe different fees for differentclasses of licences.

A licence issued under subsection (1), shall be renewedannually in the prescribed manner and form and upon payment ofthe prescribed fee.

A licence shall be issued on such terms and conditions asthe Minister may, by statutory instrument, on the recommendationof the Council, prescribe.

The Minister may, by statutory instrument, on therecommendation of the Council, prescribe the requirements foreach class of licence and may designate multiple levels with differentrequirements within each class.

39. (1) The Council shall reject an application for a licence tooperate a health facility if —

the proprietor or person in charge of the health facility isin violation of a provision of this Act;

the health practitioner in charge of the facility is notregistered and is not in possession of a valid practisingcertificate;

the health facility does not meet the physical, staffing,equipment or organisational requirements for the licence;or

the health practitioner to be in charge of the health facilityhas not held a certificate of registration for a period ofat least three years before the date of the application,unless the Council determines that the health practitioneris properly registered and has the relevant experiencein another country equivalent to that acquired after threeor more years of full registration in Zambia.

(2) The Council shall, where it rejects an application undersubsection (1), inform the applicant accordingly and give the reasonstherefor.

40. A licensed health facility shall display a copy of the licencein a prominent place at the health facility.

41. A holder of a licence may, at any time during the validity ofthe licence, apply to the Council for variation of the terms andconditions of the licence.


Where a holder of a licence decides not to continueSurrender of

operating the health facility to which the licence relates, the holderlicence

shall surrender the licence to the Council.

A licence shall not be transferred to a third party withoutTransfer ofthe prior approval of the Council. licence

44. (1) The Council may amend a licence where—Amendment

some other person has succeeded to the interest in theof licence

health facility belonging to the holder of the licence, bysubstituting the name of the holder with the name of thesuccessor; or

the name of the health facility has changed, by substitutingthe name so changed.

45. (1) The Council shall renew a licence issued under thisRenewal of

Part, if — licence

the health facility remains in full compliance with the rulesfor health facilities pertaining to the health facility'slicence class under section thirty-eight;

the facility provides information as the Council may requireas a condition of licence renewal; and

(c) the proprietor or person in charge of the health facilitypays an annual fee as may be prescribed by the Council.

46. (1) Subject to the other provisions of this Act, the Councilmay suspend or cancel a licence if the holder—

obtained the licence by fraud or deliberate or negligentsubmission of false information or statements; or

contravenes this Act or any terms and conditions of thelicence.

The Council shall, before suspending or cancelling a licencein accordance with subsection (1), give written notice to the holderthereof of its intention to suspend or cancel the licence and shallgive the reasons for the intended suspension or cancellation andrequire the holder to show cause, within a period of not more thanthirty days, why the licence should not be suspended or cancelled.

The Council shall not suspended or cancel a licence underthis section if the holder takes remedial measures to the satisfactionof the Council within the period of thirty days referred to insubsection (2).

(4) The Council may, if a holder who is notified under subsection(2) fails to show cause to the satisfaction of the Council, or doesnot take any remedial measures to the satisfaction of the Council.within the time specified in that subsection, suspend or cancel thelicence, and issue the holder with an order to that effect.

Suspensionorcancellationof licence


Inspection of

health facility

Entry and

inspection

The Council shall, where it cancels the licence undersubsection (4), publish the order of cancellation in a newspaper ofdaily circulation in Zambia.

The health facility shall, where the proprietor or person incharge of a health facility receives a copy of the order undersubsection (4), stop taking new patients and shall close the healthfacility within fourteen days of receiving the order.

(7) Notwithstanding this section, the Council may, where theCouncil finds that the continued operation of a health facilitypresents a clear and present danger of imminent harm to patients,order the closure of the health facility.

47. (1) The Council shall appoint inspectors to ensurecompliance with this Act.

The Registrar shall issue an identity card to an inspector,which shall be produced by the inspector when a person requires itto be produced.

A health facility shall be inspected prior to the issuance ofa licence and at least every twenty-four months thereafter.

48. (1) An inspector may, by authorisation made under thehand of the Registrar, at all reasonable times, enter and inspectpremises which are being used, or which the inspector hasreasonable cause to believe are being used as a health facility.

An inspector may inspect the practising certificate of a healthpractitioner working in a health facility and other records requiredto be kept under this Act.

An inspector may inspect a health facility and equipmentin the health facility for compliance with licence regulations madeunder this Act.

Notwithstanding subsection (1), an inspector shall not inspecta medical record of a patient.

A person who—delays or obstructs an inspector in the performance of

the inspector's functions;refuses to give an inspector such reasonable assistance

as the inspector may require for the purpose ofexercising the inspectors powers; or

(c) gives an inspector false or misleading information in answerto an inquiry made by the inspector;

commits an offence and is liable, upon conviction, to a fine notexceeding two hundred thousand penalty units or to imprisonmentfor a period not exceeding two years, or to both.


An inspector shall furnish the Council with a written reportReport of

and any other iv/formation relating to an inspection, as the Councilinspection

may direct.

(1)The Council may order the closure of a healthclosure offacility where health

the health facility is violating licence requirements in afacility

manner that presents danger of imminent harm topatients;

the health facility is not licensed under this Act; or

(c) the health facility contravenes the provisions of this Actor any other law.

The Council shall, where the Council receives an inspectionreport indicating that a health facility is not in compliance with therequirements of the health facility's licence, or is offering servicesin excess of those permitted to a licence of the facility's class, givethe health facility written notice of the violation.

The health facility shall, where it receives a notice undersubsection (2), within fourteen days of receipt of the notice, providethe Registrar with a written plan of correction of the violation,indicating a schedule of dates by which corrective actions shall betaken.

The health facility shall, where the plan of correctionsubmitted under subsection (3) is accepted by the Registrar, meetthe schedule contained in the plan.

The Council shall, where the plan of correction is rejectedby the Registrar, revoke the health facility's licence and order theclosure of the health facility.

the supervision of a medical doctor or authority of a registeredor give consultation, treatment or diagnosis, except by, or under,

health practitioner.

51. (1) Subject to subsection (2), a health facility shall not offerof treatmentor diagnosiswithoutmedicaldoctor or

Prohibition

registeredSubsection (1) shall not apply to the administration of firsthealthaid or to the continuation of treatment previously prescribed by apractitioner

medical doctor or a registered health practitioner for a prescribedperiod.

The Minister may, by statutory instrument, on therecommendation of the Council, prescribe the qualifications andprofessional experience required of a registered health practitionerwho is to supervise the operations of a health facility of a particularlicence class.

374 No. 24 of 20091Heald/ Professions

Publicationof licensedhealthfacilities

Offencesrelating tohealthfacilities

The Council shall publish annually a list of all licensedhealth facilities showing their location and licence class, in a dailynewspaper of general circulation in Zambia.

(1) A person who—

contravenes any practise standards, procedures orguidelines for health facilities issued by the Council;

being a holder of a licence under this Part, breaches anyterms and conditions of the licence;

performs an act or omits to act, thereby endangering publichealth or the lives of persons receiving health careservices at a health facility;

without a licence, operates a health facility, practises as,or holds out a health facility as, licenced under this Act;

(e) without a licen-e, uses the terms "clinic", "surgery", "healthcentre", "consulting room", "nursing home", "hospice","hospital" or any other similar term;

q) engages or employs persons who are not qualified orregistered under this Act at a licenced health facility; or

(g) contravenes any provisions of this Act or any other law;

commits an offence and is liable, upon conviction, to a fine notexceeding nine hundred thousand penalty units or to imprisonmentfor a period not less than ten years and not exceeding twenty years,or to both, and to fifty thousand penalty units for each day duringwhich the offence continues.

PART VI

ACCEREDITATION OF HEALTH CARE SERVICES

Applicationforaccreditationof healthcare service

54. (1) A health facility shall apply for accreditation of a healthcare service to the Council in the prescribed manner and formupon payment of the prescribed fee.

(2) The Council shall, upon receipt of an application undersubsection (1), direct an inspector to inspect the health facility inorder to determine whether the health facility meets therequirements for accreditation as may be prescribed.


55. (1) The Council shall, where a health facility meets therequirements for accreditation, grant full accreditation to the healthfacility for a period of one year.

The Council may, grant provisional accreditation for a periodnot exceeding one year, where it determines that a health facilitydemonstrates reasonable progress towards full accreditation, butis not in conformity with accreditation requirements, and the healthfacility is able to safely provide the accredited service in its currentcondition.

The Council shall, where the Council grants a health facilityfull or provisional accreditation, endorse on the licence of the healthfacility the type of accreditation granted.

(4) The Minister may, on the recommendation of the Council,by statutory instrument, make regulations for the accreditation ofhealth care services which may include requirements for staffing,facilities, equipment, procedures, record keeping, data collection,staff training, and compliance with certain protocols or treatmentguidelines.

56. (1) The Council shall not grant accreditation to a healthfacility, if the granting of the accreditation shall result in waste orinefficiency in the health care system.

The Council shall, where the Council rejects an applicationfor accreditation, inform the applicant, in writing, indicating thereasons for the rejection and shall offer the applicant an opportunityto be heard.

A person aggrieved with the decision of the Council undersubsection (2) may, within thirty days of receiving the decision,appeal to the Minister.

(4) A person aggrieved with the decision of the Minister undersubsection (3) may, within thirty days of receiving the decision,appeal to the High

57. (1) An accreditation granted under section fifty-five mayRenewal ofbe renewed annually. accreditation

The Council may require reporting of data, including qualityassurance information, as a condition for the renewal ofaccreditation.

The Council may cause inspections to be carried out toconfirm continuing compliance with accreditation requirements tobe conducted at the same time as health facility licence inspections,or more frequently if required.

Grant ofaccreditation

Refusal tograntaccreditation


Revocationofaccreditation

Provision ofhealth careservicewithoutaccredation

(1) The Council shall, where a health facility is in violationof accreditation requirements, inform the health facility, in writing,of the Council's intention to revoke the accreditation.

(2) Where the Council intends to revoke an accreditation, theprocedures for notification and correction of violations set out undersection fifty shall apply.

(1) A health facility shall, where a health care service issubject to accreditation, not provide that health care service orhold out as providing that health care service without obtainingaccreditation from the Council.

(2) A health facility that contravenes subsection (1) commitsan offence and is liable, upon conviction, to a fine not exceedingfive hundred thousand penalty units.

PART VII

Code ofEthics

Professionalmisconduct

Initiation ofdisciplinaryaction

D ISCIPLINARY COMMITTEE

The Council shall adopt and publish a Code of Ethics forhealth practitioners which shall bind all health professions regulatedunder this Act.

A health practitioner commits professional misconduct ifthe health practitioner —

contravenes the provisions of this Act;

unlawfully discloses or uses to the health practitioner'sadvantage any information acquired in the healthpractitioner's practise;

engages in conduct that is dishonest, fraudulent or deceitful;

commits an offence under any other law;

(e) engages in any conduct that is prejudicial to the healthprofession or is likely to bring it into disrepute; or

(1) breaches the Code of Ethics or encourages another healthpractitioner to breach or disregard the principles of theCode of Ethics.

62. (1) A person may lodge a complaint with the DisciplinaryCommittee against a health practitioner where the person allegesthat the health practitioner has contravened the Code of Ethics orany provision of this Act.

(2) The Council may initiate disciplinary action under this

-4o.111•7111•77100.1.1111......111...17107


section where the Council has reasonable grounds to believe that ahealth practitioner has contravened the Code of Ethics or anyprovision of this Act.

(3) A complaint or allegation shall be made to the Registrar inthe prescribed manner and form.

63. (1) The Council shall establish a Disciplinary CommitteeDisciplinary

which shall comprise the following members: Committee

a Chairperson;

a Vice-Chairperson;

the Chairperson of the Council;

a peer of the health practitioner against whom a complaintof professional misconduct is made; and

(e) a lay member of the Council.

The Chairperson and Vice-Chairperson shall be legalpractitioners qualified to hold, or who have held, high judicial office.

A person shall not be appointed as a member of theDisciplinary Committee if the person

has committed or been convicted of any professionalmisconduct;

is in lawful custody or the person's freedom of movementis restricted under any law in force within or outsideZambia; or

(c) has been convicted of an offence under any law.

(4) A member of the Disciplinary Committee shall hold officefor three years and may be appointed for a further term of threeyears.

A member of the Disciplinary Committee shall not servefor more than two terms.

The Chairperson, or in the absence of the Chairperson,the Vice-Chairperson, shall preside at every meeting and everysitting of the Disciplinary Committee.

64. (1) The functions of the Disciplinary Committee are toFunctions ofhear and determine— Disciplinary

Committee(a) any disciplinary action initiated by the Council against a

health practitioner who has contravened any provisionof the Code of Ethics or any provision of this Act; or


ProceedingsofDisciplinaryCommittee

Powers ofDisciplinaryCommittee

(b) any complaint or allegation made by any person against ahealth practitioner.

(2) The Disciplinary Committee may publicise, as theDisciplinary Committee may consider appropriate, the facts relatingto any health practitioner who is found guilty of, and punished for,professional misconduct.

65. (1) Three members of the Disciplinary Committee shallform a quorum.

Any question at a sitting or meeting of the DisciplinaryCommittee shall be decided by a majority of the votes of themembers of the Disciplinary Committee at the sitting or meetingand in the event of an equality of votes, the person presiding at thesitting or meeting shall have a casting vote in addition to that person'sdeliberative vote.

All proceedings of the Disciplinary Committee shall be incamera.

The Disciplinary Committee shall cause to be kept a recordof its proceedings.

A party to a hearing of the Disciplinary Committee may berepresented by a legal practitioner or, if the party so elects, by anyother person or in person.

A decision of the Disciplinary Committee shall be in theform of a reasoned judgment and a copy thereof shall be suppliedto each party to the proceedings and to every person affected bythe decision.

If a person is present at a meeting of the DisciplinaryCommittee at which any matter is the subject of consideration, andin which matter the person or that person's spouse is directly orindirectly interested in a private capacity, that person shall, as soonas is practicable after the commencement of the meeting, disclosethe interest and shall not, unless the Disciplinary Committeeotherwise directs, take part in any consideration or discussion of,or vote on, any question relating to that matter.

(8) A disclosure of interest made under this section shall berecorded in the minutes of the meeting at which it is made.

66. (1) The Disciplinary Committee may, for the purposes ofany hearing, hear and receive evidence and may, under the hand ofthe Chairperson of the Disciplinary Committee or the Registrar,summon witnesses and require the production of any book, record,document, electronic record or anything required for the purposesof the proceeding and may through the Chairperson or ViceChairperson of the Disciplinary Committee administer an oath toany witness.

Health Professions !No. 24 of 2009 379

(2) A person summoned to attend before the DisciplinaryCommittee who, without sufficient cause—

refuses or fails to attend at the time and place specified inthe summons or, having attended, leaves without thepermission of the Disciplinary Committee;

having attended, refuses to be sworn Cap. 87 or to affirm;

refuses, without lawful excuse, to answer fully andsatisfactorily to the best of that person's knowledge andbelief, any question lawfully put to that person; or

refuses to produce any book, record, document or thingwhich that person has been required by summons toproduce;

commits an offence and is liable, upon conviction, for every suchrefusal or failure, to a fine not exceeding twenty thousand penaltyunits.

(3) A person shall not be compelled to answer any question orproduce any book, record or document which that person wouldnot be compelled to answer or produce on the trial of an action inthe High Court.

A hearing before the Disciplinary Committee shall. for allpurposes, and in particular for the purposes of Chapter XI of thePenal Code, be deemed to be a judicial proceeding.

Where the Disciplinary Committee, after due inquiry, findsa health practitioner guilty of professional misconduct, it may imposeone or more of the following penalties:

order the cancellation of the health practitioner's practisingcertificate or certificate of registration;

censure the health practitioner;

caution the health practitioner;

impose a fine, not exceeding three hundred thousandpenalty units to be paid to the Council;

order the health practitioner to pay to the Council or toany other party to the hearing any costs of, or incidentalto, the proceedings;

order the health practitioner to pay any party to the hearingor other person, as restitution, the amount of loss causedby that person's negligence; or

Cap. 87


Reports byDisciplinaryCommittee

Appeals toHighCourt

(g) impose any reasonable conditions for the suspension, fora period not exceeding one year of, the healthpractitioner's certificate of registration or practisingcertificate.

In any hearing before the Disciplinary Committee, anyfinding of fact which is shown to have been made by any court inZambia shall be conclusive evidence of the fact so found.

The Disciplinary Committee shall, where it has reasonablecause to believe that a health practitioner is, or has become mentallyunsound to the extent that the continued practising by the healthpractitioner is prejudicial to public health, refer the matter fordetermination by a medical doctor.

The Disciplinary Committee shall, where a medical doctordetermines that a health practitioner is of unsound mind, suspendthe practising certificate of the health practitioner.

The Disciplinary Committee shall, where after due inquiry,it finds a health practitioner not guilty of professional misconduct,record a finding that the health practitioner is not guilty of suchconduct in respect of matters of which the charge relates.

(10) The Disciplinary Committee may, for the purpose of anyproceedings, use such assessors or experts as the DisciplinaryCommittee may determine.

The Disciplinary Committee shall, as soon as practicableafter the completion of each hearing, submit to the Council a reportof the proceedings together with a copy of the record.

(1) A person aggrieved with a decision of the DisciplinaryCommittee may, within thirty days of receiving the decision, appealto the High Court.

The Council shall be the respondent on any appeal underthis section.

A decision of the Disciplinary Committee under this Partshall not take effect until the expiration of the time for lodging anappeal against the decision or, if an appeal is lodged, until the timethe appeal is disposed of, withdrawn or struck out for want ofprosecution, as the case may be.

(4) The High Court may, on any appeal under this section—

(a) confirm, vary or set aside any finding made, penaltyimposed or direction given by the DisciplinaryCommittee;


remit the matter to the Disciplinary Committee for furtherconsideration in accordance with such directions as theHigh Court may give; or

make such other order as to costs or otherwise as itconsiders appropriate.

(5) Proceedings of the Disciplinary Committee shall not beset aside by reason only of some irregularity in those proceedingsif such irregularity did not occasion a substantial miscarriage ofjustice.

The ChiefJ ustice may, by statutory instrument, make rulesregulating appeals to the High Court under this Part.

Rules byChiefJustice

(1)The Chief Justice may, by statutory instrument,Rules

on the recommendation of the Council, make rules relating to— relatingto

the manner and form for lodging of complaints under thisdisciplinary

Part; proceedings

the mode of summoning persons before the DisciplinaryCommittee;

the form and manner of service of a summons requiringthe attendance of a witness before the DisciplinaryCommittee and the production of any book, record,document or thing;

the procedure to be followed and rules of evidence to beobserved in proceedings before the DisciplinaryCommittee; and

(e) the functions of the assessors to the DisciplinaryCommittee.

(2) Rules made under this section may, in particular, provide—

that before any matters are referred to the DisciplinaryCommittee they shall, in such manner as may be providedby the rules, have been brought before and investigatedby the Council in this respect;

for securing notices for the proceedings and specifyingthe time and manner of the proceedings; and

(c) for securing that any party to the proceedings shall, ifthat person requires, be entitled to be heard by theDisciplinary Committee.


PART VIII

Jurisdictionover actscommittedoutsideZambia

Cap. 98

Presumptionof non-registration

No executionon propertyof Council

Generalpenalty

Offences bybodycorporate orunincorporatebody

GENERAL P ROVISIONS

71. (1) A court of competent jurisdiction shall have jurisdictionover health practitioners for any act committed outside Zambiawhich, if it had been committed in Zambia. would have been anoffence or professional misconduct under this Act.

Any proceedings against a health practitioner under thissection which would be a bar to subsequent proceedings againstthe health practitioner, for the same offence, if the offence hadbeen committed in Zambia, shall be a bar to further proceedingsagainst the health practitioner under any written law relating to theextradition of persons, in respect of the same offence outsideZambia.

The Mutual Legal Assistance in Criminal Matters Act shallapply to proceedings under this Act.

72. In any criminal proceedings against a health practitionerupon a charge of having performed an act which constitutes anoffence if performed by an unregistered health practitioner, thehealth practitioner charged shall be presumed to be unregisteredunless that health practitioner proves the contrary.

Notwithstanding anything contrary contained in any writtenlaw, where a judgment or order has been obtained against theCouncil, no execution or attachment, or process of any nature,shall be issued against the Council or against the property of theCouncil, but the Registrar shall cause to be paid out of the revenueof the Council such amounts as may, by the judgment or order, beawarded against the Council to the person entitled to the amounts.

A person who contravenes a provision of this Act for whicha specific penalty is not provided for under this Act, commits anoffence and is liable, upon conviction, to a fine not exceeding onehundred thousand penalty units or to imprisonment for a period notexceeding one year, or to both.

75. If a body corporate or un-incorporate body is convicted ofan offence under this Act, every person who-

is a director of, or is otherwise concerned with themanagement of, the body corporate or un-incorporatebody; and

knowingly authorised or permitted the act or omissionconstituting the offence;


shall be deemed to have committed the same offence and may beproceeded against and punished accordingly.

76. (1)In the exercise of its functions under this Act, theCouncil may make such guidelines as are necessary for the bettercarrying out of the provisions of this Act.

The Council shall Publish the guidelines issued under thisAct in a daily newspaper of general circulation in Zambia, and theguidelines shall not take effect until they are so published.

The guidelines issued by the Council under this Act shallbind all persons regulated under this Act.

77. (1) The Minister may, on the recommendation of theCouncil, by statutory instrument, make regulations for the bettercarrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1),regulations under that subsection may make provision for

the forms, fees payable and the procedure for applicationsto be made under this Act;

the information and documents to be submitted in supportof applications to be made under this Act;

the form and conditions of the Register, and the particularsto be entered on the Register;

the form of the certificate of registration and the conditionsunder which the certificate of registration is issued;

(e) the form or the practising certificate and the conditions

under which the practising certificate is issued;

Othe qualifications for registration of health practitioners;

the scope of practise for registered health practitioners;

the issuance of duplicates and certified copies ofcertificates of registration, certified copies of entries onthe Register, certificates by the Registrar, and the feespayable to the Council therefor;

(1) the circumstances and manner in which a health practitionermay be removed from the Register or restored on theRegister;

(j) the type of continuing professional development and trainingrequired as a pre-requisite for the issuance of a practisingcertificate;

Authority toissueguidelines

Regulations


(k) the requirements and conditions for the granting ofaccreditation and the manner in which the Council shalladminister and monitor compliance with accreditationrequirements and conditions;

(/) the licensing procedures and the forms for any licenceneeded to be obtained under this Act;

the requirements and conditions relating to the licenceclasses for health facilities; and

generally the carrying into effect of the purposes of this

Act.

78. (1) The Medical and Allied Professions Act, 1977, is hereby

repealed.

Notwithstanding subsection (1), the provisions of the SecondSchedule shall apply in respect of the matters specified therein.

Notwithstanding subsection (1), a person who immediatelybefore the appointed date, held office as a member of the formerCouncil shall hold office as a member of the Council for a period ofthree months after which the Minister shall appoint, the membersof the Council in accordance with the provisions of this Act.

After the appointed date, a person registered as a healthCap. 297practitioner under the repealed Act shall continue to practise as a

health practitioner for a period of three months, after which theperson shall apply for registration in accordance with the provisionsof this Act.

After the appointed date, a health facility registered by theformer Council shall continue to operate for a period of one year,after which the facility shall apply for a new licence under this Act.

Repeal ofAct No. 22of 1977


FIRST SCHEDULE(Section 4 (3))

PART I

A DMINISTRATION OF COUNCIL

1.(1)The Council shall consist of the following part-

time members appointed by the Minister:

the President of the General Nursing Council of Zambia;

the Permanent Secretary of the Ministry responsible forhealth;

the Dean of the School of Medicine;

the Director of the University Teaching Hospital;

(e) a representative of the Defence Forces Medical Services;

(fa representative from the Ministry responsible for scienceand technology;

two members of the public who have distinguishedthemselves in the service of the public;

a representative of the Pharmaceutical RegulatoryAuthority;

(i) a representative of the Attorney General;

(j)a representative of the Zambia Medical Association;

(k) a representative of the Faculty of General Practitioners;

(1) a representative of the Churches Health Association ofZambia;

(n) a dental surgeon from the Dental Association of Zambia;

a representative of the Pharmaceutical Society of Zambia;and

a representative of any four other health professionsnominated by the chairperson of the health professionalbody of that health profession.

(2)The Minister shall, on receiving the names of the proposedrepresentatives under subsection (2), consider the nominations andmay reject any nomination:

Compositionof Council

386No. 24 of 20091Health Profe,s'Aion.s

No. 14 of2004

Seal ofCouncil

Tenure ofoffice andvacancy ofmember

Provided that where the Minister rejects any proposedrepresentative, the Minister shall direct the organisation orinstitution which proposed the representative to avail theMinister with the name of another representative.

The Chairperson and the Vice-Chairperson of the Councilshall be appointed by the Minister from amongst the members ofthe Council.

A person shall not be eligible for appointment as a memberof the Council if—

that person is under any written law, adjudged or otherwisedeclared to be of unsound mind; or

that person is adjudged or declared bankrupt under anywritten law in Zambia; or

(c) that person has been convicted of an offence under thisAct, the Pharmaceutical Act, 2004, or any other lawrelating to the practise of medicine.

2. (1) The Seal of the Council shall be such device as may bedetermined by the Council and shall be kept by the Registrar.

The Chairperson or the Vice Chairperson, the Registraror any other person authorised by a resolution of the Council to soact, shall authenticate the affixing of the seal.

Where a contract or instrument is not required to be underseal, the Registrar or a person authorised by the Council in thatbehalf, may execute the contract or instrument on behalf of theCouncil without seal.

(4) A document purporting to be a document under the seal ofthe Council or issued on behalf of the Council, shall be received inevidence and shall be executed or issued. as the case may be,without further proof, unless the contrary is proved.

3. (1) A member of the Council shall, subject to the otherprovisions of this Schedule, hold office for a term of three yearsand may be re-appointed for a further term of three years.

(2) Upon the expiration of the term for which a member isappointed, the member shall continue to hold office until anothermember is appointed, but in no case shall any extension of theperiod exceed three months.

Health ProfessionsNo. 24 of 2009] 387

(3) The office of a member shall be vacated—

upon the member's death;

if the member is adjudged bankrupt;

if the member is absent from three consecutive meetingsof the Council, of which the member has had notice,without the prior approval of the Council;

upon the expiry of one month's notice of the member'sintention to resign, given by the member in writing tothe Minister;

if the member becomes mentally or physically incapableof performing duties as a member;

if the Minister is satisfied that the continuation of thathealth practitioner as a member will be prejudicial tothe interest of the health profession;

in the case of members of the Council registered underthis Act, if the member's registration is cancelled;

if the member is removed by the Minister; or

(i) if the member is convicted of an offence under this Act orany other law.

(4) Where there is a vacancy in the membership of the Councilbefore the expiry of the term of office, the Minister shall appointanother person to replace the member who vacates office but thatperson shall only hold office for the remainder of the term.

4. ( 1 ) Subject to the other provisions of this Act, the CouncilProceedings

may regulate its own procedure. of Council

The Council shall meet for the transaction of business atleast twice in every three months at such places and times as theCouncil may determine.

Upon giving notice of not less than fourteen days, a meetingof the Council may be called by the Chairperson and shall be calledif not less than one third of the members so request in writing:

Provided that if the urgency of a particular matter doesnot permit the giving of notice, a special meeting may becalled upon giving a shorter notice.

Twelve members of the Council shall constitute a quorum.

There shall preside at a meeting of the Council

(a) the Chairperson;

388 [No. 24 of 2009

Health Professions

in the absence of the Chairperson, the Vice- Chairperson;or

in the absence of the Chairperson and the Vice-Chairperson, a member of the Council as the memberspresent may elect from amongst themselves for thepurpose of that meeting.

A decision of the Council on any question shall be by amajority of the members present and voting at the meeting and, inthe event of an equality of votes, the person presiding at the meetingshall have, in addition to a deliberative vote, a casting vote.

Where a member is for any reason unable to attend themeeting of the Council, the member may, in writing, nominateanother person from the same organisation to attend a meeting inthat member's stead and such person shall be deemed to be amember for the purpose of that meeting.

The Council may invite any person whose presence, in itsopinion, is desirable to attend and participate in the deliberations ofa meeting of the Council, but that person shall have no vote.

The validity of any proceedings, act or decision of theCouncil shall not be affected by any vacancy in the membership ofthe Council or any defect in the appointment of any member or byreason that any person not entitled to do so, took part in theproceedings.

(10) The Council shall cause minutes to be kept of theproceedings of every meeting of the Council and committeeestablished by the Council.

Committees5. (1) The Council may, for the purpose of performing itsfunctions under this Act, constitute a committee and delegate tothe committee such functions of the Council as it considers necessary.

The Council may appoint as members of a committeeconstituted under sub-paragraph (1), persons who are or are notmembers of the Council and such persons shall hold office forsuch period as the Council may determine.

Subject to any specific or general direction of the Council.any committee constituted under this paragraph may regulate itsown procedure.

Allowances6. A member of the Council or any committee thereof shallbe paid such allowances as the Council may, with the approval ofthe Minister, determine.


Disclosureof interest

(1) If any person is present at a meeting of the Council or acommittee of the Council at which any matter, in which that personor any member of the persons immediate family is directly orindirectly interested in a private capacity, is the subject ofconsideration, that person shall, as soon as practicable after thecommencement of the meeting, disclose that interest and shall not,unless the Council or the committee otherwise directs, take part inany consideration or discussion of, or vote on any question relatingto that matter.

(2)A disclosure of interest made under this section shall berecorded in the minutes of the meeting at which the disclosure ismade.

(1) A person shall not, without the consent in writing givenby or on behalf ofthe Council, publish or disclose to any unauthorisedperson, otherwise than in the course of that person's duties, thecontents of any document, communication or informationwhatsoever, which relates to, and which has come to that person'sknowledge in the course of that person's duties under this Act.

A person who contravenes subparagraph ( I ) commits anoffence and is liable, upon conviction, to a fine not exceeding twohundred thousand penalty units or to imprisonment to a period notexceeding two years, or to both.

A person who, having information which to the knowledgeof that person has been published or disclosed in contravention ofsubparagraph (1), unlawfully publishes or communicates theinformation to any other person, the person commits an offenceand is liable, upon conviction, to a fine not exceeding two hundredthousand penalty units or to imprisonment for a period not exceedingtwo years, or to both.

(4)Nothing in this section shall be interpreted to prohibit thepublication and dissemination of final decisions of the Council withrespect to the revocation of registration, practising certificates,licences or accreditation.

9.An action or other proceeding shall not lie or be institutedagainst a member of the Council, a committee of the Council or amember of staff of the Council, for or in respect of any act or thingdone or omitted to be done in good faith in the exercise orperformance, or purported exercise or performance, of any of the

powers, functions or duties conferred under this Act.

Prohibitionofpublicationof, ordisclosure ofinformationtounauthorisedperson

Immunity ofmember andstaff

390 No. 24 of 20091 Health Professions

PART II

FINANCIAL PROVISIONS

Funds of10. (1) The funds of the Council shall consist of such moneysCouncilas may

be appropriated by Parliament;

be paid to the Council by way of fees, levy, grants ordonations; or

(c) vest in or accrue to the Council.

(2) The Council may—

accept moneys by way of grants or donations from anysource in Zambia and, subject to the approval of theMinister, from any source outside Zambia;

raise by way of loans or otherwise, moneys as the Councilmay require for the discharge of the Council's functions;or

(c) in accordance with the regulations made under this Act,charge and collect fees for services provided by theCouncil.

Financialyear

Accountsand audit

(3) There shall be paid from the funds of the Council—

the salaries, allowances and loans of members of staff ofthe Council;

reasonable traveling, transport and subsistence allowancesfor members of the Council or members of anycommittee of the Council when engaged in the businessof the Council, at such rates as the Council may, withthe approval of the Minister, determine; and

(c) any other expenses incurred by the Council in theperformance of the Council's functions.

(4) The Council may invest, in such manner as the Councilthinks fit, funds that the Council does not immediately require forthe performance of the Council's functions.

The financial year of the Council shall be the period oftwelve months ending on 31" December in each year.

(1) The Council shall cause to be kept proper books ofaccounts and other records relating to the Council's accounts.


The accounts of the Council for each financial year shallbe audited by one or more persons who publicly carry on theprofession of accountants in Zambia, and who shall be appointedauditors to the Council by the Council with the approval of theAuditor-General.

The Council shall, not later than six months after the endof each financial year of the Council, submit to the Minister a reportof its activities together with a copy of its audited accounts for thatfinancial year, and the Minister shall not later than fourteen daysafter the first sitting of the National Assembly next after the receiptof the report, lay it before the National Assembly.


SECOND SCHEDULE

(Section 77)

SAVINGS AND TRANSITIONAL. PROVISIONS

1. (1) For the avoidance of doubt, a person who, before thecommencement of this Act, was an officer or employee of theformer Council, shall continue to be an officer or employee of theCouncil, as the case may be, as if appointed or employed under thisAct.

The service of the persons referred to, in subparagraph(1) shall be treated as continuous service.

Nothing in this Act, affects the rights and liabilities of anyperson employed or appointed by the former Council before thecommencement of this Act.

2. (1) On or after the commencement of this Act. there shallbe transferred to, vest in and subsist against the Council by virtueof this Act and without further assurance, all assets, rights andobligations which immediately before that date were the assets,rights, liabilities and obligations of the former Council.

(2) Subject to subparagraph (1 ), every deed, bond andagreement, other than an agreement for personnel service, to whichthe former Council was a party immediately before thecommencement of this Act whether or not of such a nature thatrights, liabilities and obligations could be assigned, shall. unless itssubject matter or terms make it impossible that it should have effectas modified, as provided under this paragraph, have effect as if—

the Council had been party to it;

for any reference to the former Council there wassubstituted, with respect to anything falling to be doneon or after the commencement of this Act, a referenceto the Council; or

(c) for any reference to any officer of the former Council,not being a party to it and beneficially interested, therewere substituted, as respects anything fal ling to be doneon or after the commencement of this Act, a referenceto such officer of the Council as the Council shalldesignate.

Staff ofCouncil

Transfer ofassets andliabilities


Disclosureof interest

(1) If any person is present at a meeting of the Council or acommittee of the Council at which any matter, in which that personor any member of the persons immediate family is directly orindirectly interested in a private capacity, is the subject ofconsideration, that person shall, as soon as practicable after thecommencement of the meeting, disclose that interest and shall not,unless the Council or the committee otherwise directs, take part inany consideration or discussion of, or vote on any question relatingto that matter.

(2)A disclosure of interest made under this section shall berecorded in the minutes of the meeting at which the disclosure ismade.

(1) A person shall not, without the consent in writing givenby or on behalf ofthe Council, publish or disclose to any unauthorisedperson, otherwise than in the course of that person's duties, thecontents of any document, communication or informationwhatsoever, which relates to, and which has come to that person'sknowledge in the course of that person's duties under this Act.

A person who contravenes subparagraph (1) commits anoffence and is liable, upon conviction, to a fine not exceeding twohundred thousand penalty units or to imprisonment to a period notexceeding two years, or to both.

A person who, having information which to the knowledgeof that person has been published or disclosed in contravention ofsubparagraph ( I ), unlawfully publishes or communicates theinformation to any other person, the person commits an offenceand is liable, upon conviction, to a fine not exceeding two hundredthousand penalty units or to imprisonment for a period not exceedingtwo years, or to both.

(4)Nothing in this section shall be interpreted to prohibit thepublication and dissemination of final decisions of the Council withrespect to the revocation of registration, practising certificates,licences or accreditation.

9.An action or other proceeding shall not lie or be institutedagainst a member of the Council, a committee of the Council or amember of staff of the Council, for or in respect of any act or thingdone or omitted to be done in good faith in the exercise orperformance, or purported exercise or performance, of any of the

powers, functions or duties conferred under this Act.

Prohibitionofpublicationof, ordisclosure ofinformationtounauthorisedperson

Immunity ofmember andstaff


PART II

FINANCIAL PROVISIONS

Funds of10. (I) The funds of the Council shall consist of such moneysCouncilas may

be appropriated by Parliament;

be paid to the Council by way of fees, levy, grants ordonations; or

(c) vest in or accrue to the Council.

(2) The Council may—

accept moneys by way of grants or donations from anysource in Zambia and, subject to the approval of theMinister, from any source outside Zambia;

raise by way of loans or otherwise, moneys as the Councilmay require for the discharge ofthe Council's functions;or

(c) in accordance with the regulations made under this Act,charge and collect fees for services provided by theCouncil.

Financialyear

Accountsand audit

(3) There shall be paid from the funds of the Council

the salaries, allowances and loans of members of staff ofthe Council;

reasonable traveling, transport and subsistence allowancesfor members of the Council or members of anycommittee of the Council when engaged in the businessof the Council, at such rates as the Council may, withthe approval of the Minister, determine; and

(c) any other expenses incurred by the Council in theperformance of the Council's functions.

(4) The Council may invest, in such manner as the Councilthinks fit, funds that the Council does not immediately require forthe performance of the Council's functions.

The financial year of the Council shall be the period oftwelve months ending on 31 st December in each year.

(1) The Council shall cause to be kept proper books ofaccounts and other records relating to the Council's accounts.


The accounts of the Council for each financial year shallbe audited by one or more persons who publicly carry on theprofession of accountants in Zambia, and who shall be appointedauditors to the Council by the Council with the approval of theAuditor-General.

The Council shall, not later than six months after the endof each financial year of the Council, submit to the Minister a reportof its activities together with a copy of its audited accounts for thatfinancial year, and the Minister shall not later than fourteen daysafter the first sitting of the National Assembly next after the receiptof the report, lay it before the National Assembly.


SECOND SCHEDULE

(Section 77)

Staff ofCouncil

Transfer ofassets andliabilities

SAVINGS AND TRANSITIONAL PROVISIONS

1. (1) For the avoidance of doubt, a person who, before thecommencement of this Act, was an officer or employee of theformer Council, shall continue to be an officer or employee of theCouncil, as the case may be, as if appointed or employed under thisAct.

The service of the persons referred to, in subparagraph(1) shall be treated as continuous service.

Nothing in this Act, affects the rights and liabilities of anyperson employed or appointed by the former Council before thecommencement of this Act.

2. (1) On or after the commencement of this Act. there shallbe transferred to, vest in and subsist against the Council by virtueof this Act and without further assurance, all assets, rights andobligations which immediately before that date were the assets,rights, liabilities and obligations of the former Council.

(2) Subject to subparagraph (1 ), every deed, bond andagreement, other than an agreement for personnel service, to whichthe former Council was a party immediately before thecommencement of this Act whether or not of such a nature thatrights, liabilities and obligations could be assigned, shall. unless itssubject matter or terms make it impossible that it should have effectas modified, as provided under this paragraph, have effect as if

the Council had been party to it;

for any reference to the former Council there wassubstituted, with respect to anything falling to be doneon or after the commencement of this Act, a referenceto the Council; or

(c) for any reference to any officer of the former Council,not being a party to it and beneficially interested, therewere substituted, as respects anything falling to be doneon or after the commencement of this Act, a referenceto such officer of the Council as the Council shalldesignate.


Where under this Act, any assets, rights, liabilities andobligations of the former Council are deemed to be transferred tothe Council in respect of which transfer a written law provides forregistration, the Council shall make an application in writing to theappropriate registration authority for registration of the transfer.

The registration authority, referred to in subparagraph (2), shallmake such entries in the appropriate register as shall give effect tothe transfer and, where applicable, issue to the transferee concerneda certificate of title in respect of the property or make necessaryamendments to the register and shall endorse the deeds relating tothe title, right or obligation concerned and no registration fees orother duties shall be payable in respect of the transaction.

3. (1) Any legal proceedings or application of the former Councilpending immediately before the commencement of this Act by oragainst the former Council may be continued by or against theCouncil.

(2) After the commencement of this Act, proceedings inrespect of any right, liability or obligation which was vested in,held, enjoyed, incurred or suffered by the former Council, may beinstituted by or against the Council.

Legal

proceedings

[no. 24 of 2009 349 the health professions act, … · the health professions act, 2009 arrangement...

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