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24

Harassment and violence against Healthcare provider and establishment

Act: Balochistan Healthcare Commission Act 2019

Section Provisions

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:- 24. Harassment and violence against Healthcare provider and establishment.---(1) Any healthcare provider and/ or establishment against whom an act of violence or harassment has been committed by- a) a person including healthcare recipient; or b) print/social/electronic media establishment's employees, NGOs personnel; or c) government employees, inspection team; or d) healthcare provider, establishment and its staff,- shall submit their grievances to the Commission as prescribed by rules: Provided that any aggrieved person, healthcare recipient/ provider/establishment, print/electronic/social media employees having complaints/grievances may also submit their grievances to the Commission as prescribed by rules. (2) The case of grievances/complaints shall be inspected, inquired, investigated and assessed on case to case basis by the Commission with the help of redressal committees for decision or further refer to other competent forum as prescribed by rules. (3) If the complaint made by any aggrieved person including healthcare provider or healthcare establishment, is proved false, the complainant shall be liable to pay a fine as prescribed by rules. (4) The offender found guilty, shall be liable - (a) in case of physical injury and emotional harassment incurred to healthcare provider while performing duties in establishment, to fully compensate healthcare provider including equipment's damage and treatment cost of healthcare provider as prescribed in rules; (b) to compensate also the healthcare provider if the incidence of harassment and violence occurred outside healthcare establishment but proved its connection to healthcare services; and (c) in case of physical damage to the property infrastructure and/or equipment of a healthcare establishment, to fully financial compensate to the healthcare establishment as prescribed by rules. (5) No person shall pass judgmental and aversive remarks by electronic/print/social media via a post, text, images/videos or by any other means about healthcare provider or healthcare establishment until proven guilty by the Commission. Offender(s) shall be punished if found guilty of such act, as prescribed by Rules. (6) The Commission shall not entertain an anonymous or pseudonymous complaint(s) against a healthcare service provider or healthcare establishment. (7) No FIR against healthcare establishment and healthcare provider shall be lodged in the cases concerned with healthcare services, without permission of the Commission. (8) No Cross-FIR against healthcare provider and healthcare establishments shall be lodged in the cases concerned with healthcare services, without permission of the Commission.