HEALTH PROFESSIONS ACT, 2010: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Health Professions Act (Commencement) Order

Health Professions (Disciplinary Proceedings) Rules

HEALTH PROFESSIONS ACT (COMMENCEMENT) ORDER

[Section 1]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Commencement of Act No. 24 of 2009

SI 36 of 2010.

 

1.   Title

This Order may be cited as the Health Professions Act (Commencement) Order, 2010.

 

2.   Commencement of Act No. 24 of 2009

The Health Professions Act, 2009, shall come into operation on the date of publication of this Order.

HEALTH PROFESSIONS (DISCIPLINARY PROCEEDINGS) RULES

[Section 70]

Arrangement of Rules

   Rules

PART I
PRELIMINARY   

   1.   Title

   2.   Interpretation and application

PART II
REPORTING OBLIGATIONS AND INVESTIGATIONS   

   3.   Reporting cases of professional misconduct or mental or physical illness of health practitioner

   4.   Reports on professional misconduct or mental or physical illness of health practitioner

   5.   Investigations by Council

   6.   Examination of investigation report by Chairpersons

PART III
PROCEEDINGS RELATING TO PROFESSIONAL MISCONDUCT AND DETERMINATION OF HEALTH OR PHYSICAL CONDITION   

   7.   Functions of Committee in relation to complaint or information

   8.   Where no formal inquiry held

   9.   Notice of inquiry

   10.   Inquiry into mental or physical illness

   11.   Access to documents

   12.   Postponement of inquiry

   13.   Amendment of notice of inquiry or charge

   14.   Opening of inquiry

   15.   Proof of charges

   16.   Powers of Committee

   17.   Procedure for noncompliance with conditions

   18.   Inquiries into charges against two or more practitioners

PART IV
GENERAL PROVISIONS   

   19.   Proceedings relating to restoration of registration

   20.   Meetings of Committee

   21.   Summons for attendance of witness and production of book, record, document or other information

   22.   Admission and exclusion of public

   23.   Evidence

   24.   Appearance of parties

   25.   Service of documents

   26.   Record of proceedings

   27.   Revocation of Medical and Allied Professions (Disciplinary Proceedings) Rules, 1982

      SCHEDULE

      

SI 114 of 2013.

PART I
PRELIMINARY

 

1.   Title

These Rules may be cited as the Health Professions (Disciplinary Proceedings) Rules, 2013.

 

2.   Interpretation and application

   (1)    In these Rules, unless the context otherwise requires–

"Committee" means the Disciplinary Committee established under section 63 of the Act;

"complainant" means a person or body by whom a complaint has been made to the Committee;

"Council" means the Health Professions Council of Zambia established under section 3 of the Act;

"Drug Enforcement Commission" means the Commission established under the Narcotic Drugs and Psychotropic Substances Act;

"health practitioner" has the meaning assigned to it in the Act;

"illness" means a permanent mental or physical condition that makes a health practitioner incapable of practising with reasonable skill and safety to patients;

"investigation report" means a report, made under subrule (9) of rule 5, relating to an investigation into a case of alleged professional misconduct or to the mental or physical illness of a health practitioner;

"Registrar" means the Registrar of the Council; and

"practice review" means an investigative audit of records related to a complaint or information received by the Councilor Committee, without prior identification of specific patient names, or an assessment of the conditions, circumstances and methods of the health practitioner's practice related to the complaint or information, to determine whether professional misconduct may have been committed or to determine the mental or physical condition of a health practitioner.

   (2) These Rules shall apply to any conduct, act, or condition occurring after the commencement of these Rules.

   (3) For the avoidance of doubt, these Rules shall not apply to, or govern the construction of, any disciplinary action for any conduct, act or condition occurring prior to the commencement of these Rules and such conduct, act or condition shall be construed and disciplinary action taken according to the provisions of the law existing at the time of the occurrence.

PART II
REPORTING OBLIGATIONS AND INVESTIGATIONS

 

3.   Reporting cases of professional misconduct or mental or physical illness of health practitioner

   (1) A health practitioner shall report to the Council any conviction, determination or finding that another health practitioner has committed an act or omission which constitutes professional misconduct or has contravened a provision of the Act.

   (2) A health practitioner shall report to the Council any conviction, determination or finding that the health practitioner has committed an act or omission which constitutes professional misconduct or has contravened a provision of the Act.

   (3)   Any failure to report within thirty days of knowledge of a conviction, determination or finding, under subrules (1) and (2), shall constitute professional misconduct as specified under the Code of Ethics.

   (4) A person, health facility, the Drug Enforcement Commission, the Government or any local authority shall report to the Council–

      (a)   any conviction, determination or finding that a health practitioner has committed an act or omission which constitutes professional misconduct; or

      (b)   information that the health practitioner has a mental or physical illness or that the health practitioner's conduct constitutes a danger to public health, safety or welfare.

   (5) If any person fails to report any matter under subrule (1), (2) and (4) the Council may, if it has information that the person or body has knowledge of the professional misconduct of a health practitioner, or information specified under paragraph (b) of subrule (4), subpoena the person or person in charge of the body to appear before the Council.

   (6) Subject to sub-rule 7, any person making a report under this rule shall be immune from civil liability, whether direct or derivative, for providing information to the Council.

   (7)    A person who makes any malicious or vexatious report to the Council under this rule is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding one year, or to both.

 

4.   Reports on professional misconduct or mental or physical illness of health practitioner

   (1) A report required under rule 3 shall contain the following information–

      (a)   the name, physical address and telephone number of the person making the report;

      (b)   the name, physical address and telephone number of the health practitioner being reported;

      (c)   the case number of any patient whose treatment is the subject of the report;

      (d)   a brief description or summary of the facts that gave rise to the issuance of the report, including dates of occurrences;

      (e)   if court action is involved, the name of the court in which the action is or was filed, the date of filing, and the docket number; and

      (f)   any further information that would aid in the investigation of the professional misconduct or determination of the health or of a health practitioner.

   (2) A report required under rule 3 shall be submitted to the Registrar as soon as possible, but no later than thirty days after a conviction, determination or finding has been made or when the person or body came to know of the information, as the case may be.

 

5.   Investigations by Council

   (1) If the Council determines that a report submitted under rule 3 merits investigation, or if the Council has reason to believe, without any report being submitted, that a health practitioner may have engaged in professional misconduct or has a mental or physical illness, the Council shall investigate the matter to determine whether there has been professional misconduct or the health practitioner has a mental or physical illness.

   (2) In determining whether or not to investigate any matter under sub rule (1), the Council shall consider any prior reports received by the Council, any prior findings of fact or comparable action taken by the Committee.

   (3) Notwithstanding subrule (2), the Council shall initiate an investigation in every instance where there is a pattern of complaints, reports, arrests or other actions that may not have resulted in a formal adjudication of wrongdoing or finding of mental or physical illness, but when considered together demonstrate a pattern of similar conduct or condition that, without investigation, may likely pose a risk to the safety of the health practitioner’s patients.

   (4) For the purposes of investigating any matter under this Part, the Registrar is authorised to receive the criminal or medical history record or data of a health practitioner from any law enforcement agency, any court or medical institution, as the case may be.

   (5) The Council shall not disseminate or use any data of a health practitioner obtained, as authorised under subrule (4), for purposes other than for investigations, inquiry and determination under these Rules.

   (6) For the purposes of conducting any investigation under this Rule, the Council may, on such terms and conditions as it may determine, appoint such number of investigators, being health practitioners and legal practitioners, as it thinks shall be capable of conducting a thorough investigation into the alleged professional misconduct or the mental or physical illness of a health practitioner.

   (7) Investigators appointed to conduct an investigation under subrule (6) may conduct practice reviews, issue subpoenas, administer oaths, and take depositions in the course of conducting those investigations, at the direction of the Council.

   (8) Investigators appointed to investigate any matter under this rule shall inform–

   <TS:0.335417,NM,NO>   (a)   the health practitioner, in writing of–

      (i)   the nature of the complaint or information received by the Council or Committee;

      (ii)   that the practitioner may consult with legal counsel at the practitioner’s expense prior to making a statement;

      (iii)   and that any statement that the person makes may be used in an adjudicative proceeding conducted by the Committee under these Rules; and

      (b)   a witness or potential witness, in writing, that any statement issued by the witness or potential witness may be released, to the health practitioner under investigation, if a statement of charges is issued.

   (9) Investigators, appointed to conduct an investigation under subrule (6), shall make an investigation report to the Council on its findings and recommendations within 14 days of commencing the investigations.

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