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ACT XII OF 2019 ACT XII OF 2019 BALOCHISTAN HEALTHCARE COMMISSION ACT, 2019 An Act to improve quality of healthcare services and ban quackery in all its forms and manifestations in Balochistan [Gazette of Balochistan Extraordinary, 16th December, 2019] No. PAB / Legis; V(10) / 2019, dated 16.12.2019.---The Balochistan Health Care Commission Bill 2019 Bill No. 10 of 2019 having been passed by the Provincial Assembly of Balochistan on 18th November, 2019 and assented to by the Governor Balochistan, on 10th December, 2019 is hereby published as an Act of the Balochitsan Provincial Assembly. Preamble.---WHEREAS, it is expedient to make provisions for the improvement of quality of healthcare services, clinical governance and to ban medical or health quackery in all its forms and manifestations and to provide for establishment of the Balochistan Healthcare Commission and the matters connected or ancillary thereto; It is hereby enacted as follows:- 4. Functions and powers of the Commission.---(1) The Commission shall perform such functions and exercise such powers as may be required to improve the quality of healthcare services and clinical governance and to ban quackery. (2) Without prejudice to the generality of the provisions of subsection (1), the Commission shall- (a) maintain register of all healthcare service providers and healthcare establishments; (b) to develop standards, tools, guidelines, proforma, criteria, term and conditions, checklist, booklets, rules, regulations, instructions, rights, functions, responsibilities, register, receipts, forms etc. for all components of the healthcare service, harassment, violence and medical quackery; (c) to establish booklets, form, criteria, checklist etc. for rules and regulations with regards to ban medical or health quackery and in concern to all components of healthcare service and medical quackery; (d) take all steps to ban quackery including collection of data of quackery in all components of Healthcare services; (e) inquire and investigate into maladministration, malpractice and failures in the provision of healthcare services in service delivery / interaction/context and issue consequential advice and orders; (f) grant, revoke and renew licenses to healthcare providers/ persons/licensee for establishment involved in the provision of the healthcare services and to vary terms and conditions and purposes of the licenses; (g) monitor and regulate the quality and standards of all healthcare services; (h) operate accreditation programmes and any related scientific activities with respect to the healthcare services and to grant accreditation to such healthcare service establishment and programmes; (i) grading of the healthcare establishments; (j) operate certification and registration with respect to the healthcare services and to grant certification and registration to such healthcare service providers; (k) issue regulations, guidelines, instructions and directives to persons involved in the provision of healthcare services; (l) draft and format new Bills and amendments in existing laws related to Health on advice of the Commission or the Health Department; (m) impose and collect fees and charges on registration, licensing and accreditation under this Act; (n) impose and collect penalties on violation, breach or non-compliance of the provisions of the rules, regulations, standing orders and instructions issued under this Act; (o) advocate rights, functions and responsibilities of recipients / consumer, establishment and providers of the healthcare services; (p) hold seminars, workshops, conferences and meetings on developing awareness and printing IT material about provision of high quality healthcare services; (q) enter into agreement or arrangement with the Federal Government or a Provincial Government, any authority, board, council or entity, non-governmental organization, domestic or international institution or agency for the purposes of this Act; (r) coordinate, liaise and network with any person, agency or institution for the purposes of this Act; (s) take on lease land, buildings for the purpose of offices or premises of the Commission at such price and on such term as may be necessary; (t) establish and construct offices and related infrastructure for the purpose of this Act; (u) appoint and engage employees, consultants, advisors, attorneys, inspection teams, contractors, agents and experts on such terms and conditions as deemed fit and assign, delegate or entrust them with such functions and powers as are expedient for the performance of functions of the Commission; (v) take measures for the welfare of the present and past employees of the Commission as well as its all registered members; (w) determine the character, value and mission of the Commission; (x) fulfill and perform all powers and function of the Commission; (y) provide leadership and oversight of activities of the Commission; (z) ensure the effective and efficient use of resources, solvency and safeguarding of the assets of the Commission; (aa) establish and maintain strategic direction of the Commission; (bb) oversee implementation of strategic objectives of the Commission; (cc) monitor performance and review achievements of the Commission; (dd) ensure adequate and effective governance and risk management systems in the Commission; (ee) promote and develop partnerships with other organizations; (ff) approve the standing orders of the Commission; (gg) approve annual plans and reports; (hh) approve annual accounts, budget and estimates of income and expenditure; (ii) appoint different teams and committees; (jj) appoint bankers and auditors; (kk) handle and redress any complaint about the Commission; (ll) appoint, oversees, authorize the chief executive officer, determine his terms and conditions of service and take any disciplinary action against him; and regulate appointment, grades, appraisal, dismissal and terms and conditions of service of the employees of the Commission; and (mm) handle and redress any complaint about the Commission, staff, healthcare services and ban quackery. (3) The Commission may assign any of its functions to a person on such terms and conditions as may be determined by the Commission. (4) In the performance of its functions, the Commission shall- (a) take into consideration the policy advice of the Technical Advisory Committee; and (b) co-ordinate with the Government. (5) Subject to subsection (6), the Commission shall conduct third party evaluation through independent performance audit of healthcare establishments in a phased manner. (6) The Commission shall conduct third party evaluation through independent performance audit of healthcare establishments in the private sector. (7) Notwithstanding anything contained in any other law, the Commission may - (a) on a complaint by any aggrieved person; or (b) on a complaint by any aggrieved healthcare service provider; and shall- (c) on a reference by the Government or the Provincial Assembly of Balochistan; or (d) on a direction of the Supreme Court of Pakistan or the Balochistan High Court made during the course of any proceedings before it, - undertake investigation into allegations of maladministration, malpractice or failures on the part of a healthcare service provider, or any employee of the healthcare service provider. (8) The Commission shall take cognizance of any case of harassment of a healthcare service provider or damage to a healthcare establishment and may refer such a case to the competent forum. (9) The Commission shall take measures and devise a strategy to counter sale of drugs without prescription. (10) The Commission may exercise the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters: - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) receiving evidence on affidavits; and (d) issuing Commission for the examination of witnesses. (11) The Commission shall not investigate or inquire into any matter subjudice before a Court of competent jurisdiction on the date of the receipt of a complaint, reference or motion. (12) The Commission may authorize members of the staff to administer oaths and to attest various affidavits, affirm ations or declarations which shall be admitted in evidence in all proceedings under this Act. (13) The Commission shall take all the decisions regarding penalties, suspension and revocation of licenses in a meeting. (14) The Commission may establish committee(s) or teams for assistance and advice to the Commission in relation to the performance of its functions and determine the membership, remuneration of members and terms of reference of each committee.