28

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:- 28. Inspection and Investigation team.---(1) The Commission may, by order in writing, appoint an inspection team(s) to perform the functions and exercise the powers of the Commission in relation to inspections under this Act, rules or regulations subject to such conditions and limitations as the Commission may specify in this behalf. (2) The inspection team may inspect a healthcare establishment - (a) at the time of issuance or renewal of license; or (b) on receipt of a complaint. (3) The inspection team may inspect any apparatus, appliance, equipment, instrument, product, goods or item used or found in, or any practice or procedure being carried out at, the healthcare establishment. (4) The inspection team may inquire any case if there has been any instance or allegation of mal-administration, malpractice or failure in the provision of healthcare services against a healthcare establishment. (5) The inspection team may inspect the documents of registration of healthcare provider. (6) The inspection team will submit all the documents, evidences etc. to the Commission for examination and decision. (7) Except in the case of a prosecution for an offence under this Act, a member of the inspection team shall not be bound to give evidence in any proceedings in respect of, or to produce any document containing, any information which has been obtained from any healthcare establishment in the course of carrying out any investigation, inspection, inquiry or performing any duty or function under this Act. (8) A member of the inspection team shall not disclose any information at any forum which is contained in the medical record, or which relates to the condition, treatment or diagnosis, of any person, as may have come to his knowledge in the course of carrying out any investigation, inspection, enquiry or performing any duty or function under this Act unless allowed in writing by the Commission. (9) The inspection team shall not post or release any material or inspection process about healthcare provider or establishment to any print or electronic or social media until proven by process of investigation team and the Commission. (10) The Commission may impose a fine as prescribed by rules upon a healthcare service provider or establishment who - (a) refuses or fails, without reasonable cause, to furnish any information to the inspection team; or (b) gives any false or misleading information to the inspection team.