HEALTH PROFESSIONS ACT

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

[14th May, 2010]

Act 24 of 2009,

Act 21 of 2021,

Act 26 of 2021,

SI 36 of 2010.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Health Professions Act.

2. Interpretation

(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 medical services relating to the preventive, diagnostic or treatment techniques of a particular disease or organ class;

"appointed date" means such date as the Minister may appoint under section 1;

"certificate of registration" means the certificate issued under section 8;

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

"Code of Ethics" means the code of professional conduct adopted and published by the council;

"consulting room" means a room used by a health practitioner for consulting and diagnosis;

"council" means the Health Professions Council of Zambia continued under section 3;

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

"Disciplinary Committee" means the Committee constituted under section 63;

"former council" means the Medical Council of Zambia established under the repealed Act;

"health care service" means a service provided by a health practitioner or health facility for the prevention, treatment and management of illness and the preservation of mental and physical well being;

"health facility" means any site, fixed or mobile, providing services for the prevention, diagnosis and treatment of disease or illness and includes a diagnostic centre, a hospice and a hospital;

"health practitioner" means a person registered as a health practitioner under section 8;

"health profession" means a profession whose member is required to register under section 8 and "health professional" shall be construed accordingly;

"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act;

[Ins by s 2 of Act 26 of 2021.]

"hospice" means a place where a person who is terminally ill receives medical, nursing, nutritional, psychological and spiritual care;

"hospital" means a health institution providing in-patient health care under the supervision of a medical doctor, which includes one or more of the following health services

(a) medicine;

(b) surgery;

(d) paediatrics;

"inspector" means a person appointed as an inspector under section 47;

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

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

"practising certificate" means a certificate issued to a health practitioner under section 16;

"professional misconduct" has the meaning assigned to it under section 61;

"provisional certificate of registration" means the registration effected under section 9;

"quality assurance information" means data from a medical record showing the nature of diagnosis and treatment given to a patient, without identifying the patient;

"Register" means the Register referred to under section 27;

"Registrar" means the person appointed as Registrar under section 5;

"repealed Act" means the Medical and Allied Professions Act 1977;

"scope of practise" means the range of knowledge expected of a particular health profession, and the preventive, diagnostic and treatment techniques which a health practitioner 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 a health practitioner specialises in or intends to specialise in;

"specialist" means a person registered as a specialist under section 12;

"temporary certificate of registration" means the registration effected under section 10;

"Vice-Chairperson" means the person appointed as Vice-Chairperson under paragraph 1 of the First Schedule; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act.

[Ins by s 2 of Act 26 of 2021.]

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

PART II
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA

3. Continuation and renaming of Medical Council of Zambia

(1) The Medical Council of Zambia established under the repealed Act shall continue to exist as if established under this Act and is for purposes of this Act hereby renamed the Health Professions Council of Zambia.

(2) The council shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its 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.

(3) The provisions of the First Schedule apply to the council.

4. Functions of council

(1) The functions of the council are to

(a) register members of the health profession and regulate the professional conduct of health practitioners;

(b) maintain appropriate practise standards among health practitioners that are consistent with the principle of selfregulation and the promotion of high standards of public health;

(d) promote the integrity, and enhance the status, of the health profession including the declaration of any particular health practise to be undesirable for all, or a particular category of, health practitioners;

(e) license public and private health facilities, accredit health services and monitor quality control and assurance of health facilities and services;

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

(g) develop, promote and enforce internationally comparable practise standards in Zambia;

(h) investigate allegations of professional misconduct and impose such sanctions as may be necessary;

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

(j) advise the Minister on matters relating to the health profession; and

(k) do all such things as are necessary or incidental to the performance of its functions under this Act,

(2) The council may

(a) determine and levy fees that the council considers necessary to finance its activities under this Act;

(b) determine the fees payable for an inspection conducted for the purposes of this Act;

(d) determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion thereof is payable.

(3) The Minister may give the Council general or specific directions relating to the performance of its functions and the Council shall give effect to these directions to the extent that the directions are not inconsistent with this Act.

[S 4(3) ins by s 2 of Act 21 of 2021.]

(4) The Minister may enter into performance contracts with the Council for a specified period which shall be consistent with the provisions of this Act.

[S 4(4) ins by s 2 of Act 21 of 2021.]

5. Registrar

(1) The council shall appoint a Registrar, who shall be the Chief Executive Officer, on such terms and conditions as the council may determine.

(2) The Registrar shall be the Secretary to the council and shall be responsible for the day to day administration of the affairs of the council, under the supervision of the council.

(3) The council may, whenever the Registrar is absent or is for any other reason unable to discharge the functions of the Registrar's office, appoint an acting Registrar to discharge the Registrar's functions.

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

PART III
REGISTRATION OF HEALTH PRACTITIONERS

6. Prohibition of practising without registration

(1) A person shall not practise as a health practitioner, unless that person is registered as a health practitioner in accordance with this Act.

(2) A person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

7. Application for registration

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

(2) The council may determine different fees for different categories or classes of health practitioners.

(3) The council shall, within 30 days of receipt of an application under sub-section (1), grant or reject the application.

(4) The council shall, where it rejects an application under sub-section (3), inform the applicant accordingly and give the reasons there for.

8. Registration of health practitioners

(1) The council shall, where an application meets the requirements of this Act, register the applicant as a health practitioner and issue the applicant with a certificate of registration.

(2) The council shall register a health practitioner as

(a) a medical doctor;

(b) a medical licentiate;

(d) an emergency care officer;

(e) a dental surgeon;

(f) a dental technologist;

(g) a dental therapist;

(h) an oral hygienist;

(i) a pharmacist;

(j) a pharmacy technologist;

(k) a radiographer;

(l) an X-ray assistant;

(m) a biomedical scientific officer;

(n) a medical laboratory technologist;

(o) a medical laboratory technician;

(p) a physiotherapist;

(q) an osteopath;

(r) an orthopaedic technologist;

(s) an occupational therapist;

(t) a clinical psychologist;

(u) a medical sociologist;

(v) a medical social worker;

(w) a nutritionist and dietician;

(x) an audiometrist;

(y) an optician, optometrist and dispensing optician;

(z) 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.

(3) A holder of a provisional certificate of registration or a temporary certificate of registration may apply to the council for a certificate of registration in the prescribed manner and form upon payment of the prescribed fee.

(4) The council shall, within 30 days of receipt of an application under sub-section (3), grant or reject the application.

(5) The council shall, where it rejects an application under sub-section (4), inform the applicant accordingly and give the reasons therefor.

(6) Subject to the provisions of this Act, the council shall issue a certificate of registration under this section

(a) to a holder of a provisional certificate of registration, if the holder

(i) has practised in a health facility approved by the council for a period of not less than 12 months;

(ii) is of good character and good professional standing; and

(iii) meets such other requirements as may be prescribed; and

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

(i) has completed at least 12 months of continuous employment in a health facility that holds a class A or class B license under section 38; and

(ii) submits a letter from the person's supervisor at the health facility referred to under sub-paragraph (i), stating that the person has performed satisfactorily and displayed skills and knowledge equivalent to those of health practitioners trained in Zambia.

(7) The Minister may, by statutory instrument, on the recommendation of the council, prescribe the scope of practice for health practitioners registered under this Act.

[S 8(7) subs by s 3 of Act 26 of 2021.]

9. Provisional registration

(1) A person who holds a qualification from a training institution recognised by the council, or a holder of a temporary certificate of registration, may apply for provisional registration in the prescribed manner and form upon payment of the prescribed fee.

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