[No. 24 Of 2009 349 THE HEALTH PROFESSIONS ACT, 2009 ARRANGEMENT OF .

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Health Professions[No. 24 of 2009 349THE HEALTH PROFESSIONS ACT, 2009ARRANGEMENT OF SECTIONSPART IPRELIMINARYShort title and commencementInterpretationPART IITHE HEALTH PROFESSIONS COUNCIL OF ZAMBIAContinuation and renaming of Medical Council of ZambiaFunctions of CouncilRegistrarPART IIIREGISTRATION OF HEALTH PRACTITIONERSProhibition of practising without registrationApplication for registrationRegistration of health practitionersProvisional registrationTemporary registrationRegistration for limited periodSpecialist registrationChanges in detailCancellation of registrationProhibition of practise without practising certificateApplication for practising certificateDisplay of practising certificateRenewal of practising certificateCancellation of practising certificateRegulations relating to practising certificateConditions of certificateProhibition of transfer of certificateRemoval and restoration of name on registerRe-registrationDuplicate certificate of registrationCertificate of statusRegisterPublication of copies of RegisterAppealsHolding out as health practitioner31. Offences regarding health practitionersSingle copies of this Act may be obtained from the Government Printer,P.O. Box 30136, 10101 Lusaka. Price K23, 000 each

350 No. 24 of 2009]Health ProfessionsPART IVTRAININGProhibition of provision of unauthorised training programmeApplication for approval of training programmeReview of approved training programmeContinuing professional development and trainingPART VLICENSING OF HEALTH FACILITIESProhibition of operating health facility without licenceApplication for licence to operate health facilityIssue of licenseRefusal to issue licenceDisplay of licenceVariation of licenceSurrender of licenceTransfer of licenceAmendment of licenceRenewal of licenceSuspension or cancellation of licenceInspection of health facilityEntry and inspectionReport of inspectionClosure of health facilityProhibition of treatment or diagnosis without medical doctoror registered health practitionerPublication of licensed health facilityOffences relating to health facilitiesPART VIACCREDITATION OF HEALTH CARE SERVICESApplication for accreditation of health care serviceGrant of accreditationRefusal to grant accreditationRenewal of accreditationRevocation of accreditationProvision of health care service without accreditation

Health Professions[No. 24 of 2009 351PART VIID ISCIPLINARY C OMMITTEECode of EthicsProfessional misconductInitiation of disciplinary actionDisciplinary committeeFunctions of Disciplinary committeeProceedings of Disciplinary committeePowers of Disciplinary CommitteeReports by Disciplinary committeeAppeals to High CourtRules of Chief JusticeRules relating to disciplinary proceedingsPART VIIIG ENERAL P ROVISIONSJurisdiction over acts committed outside ZambiaPresumption of non registrationNo execution on property of Council74. General penalty'75. Offences by body corporate or un incorporate bodyAuthority to issue guidelinesRegulations78. Repeal of Act No. 22 of 1977First ScheduleSecond Schedule

Health Professions[No. 24 of 2009 353GOVERNMENT OF ZAMBIAACTNo. 24 of 2009Date of Assent:28th August, 2009An Act to continue the existence of the Medical Council ofZambia and rename it as the Health Professions Councilof Zambia; provide for the registration of healthpractitioners and regulate their professional conduct;provide for the licensing of health facilities and theaccreditation of health care services provided by healthfacilities; provide for the recognition and approval oftraining programmes for health practitioners; repeal theMedical and Allied Professions Act, 1977; and providefor matters connected with or incidental to the foregoing.[3 I st August, 2009ENACTED by the Parliament of Zambia.EnactmentPART IPRELIMINARYThis Act may be cited as the Health Professions Act, 2009,and shall come into operation on such date as the Minister may, bystatutory instrument, appoint.(1) In this Act, unless the context otherwise requires —"accreditation" means the approval granted by the Council toa licensed health facility to provide one or more medicalservices relating to the preventive, diagnostic or treatmenttechniques of a particular disease or organ class;"appointed date" means such date as the Minister may appointunder section one;Short titleandcommencemattInterpretation

354 No. 24 of 2009]Health Professions"certificate of registration" means the certificate issued undersection eight;"Chairperson" means the person appointed as Chairpersonunder paragraph 1 of the First Schedule;"Code of Ethics" means the code of professional conductadopted and published by the Council;"consulting room" means a room used by a health practitionerfor consulting and diagnosis;"Council" means the Health Professions Council of Zambiacontinued under section three;"diagnostic centre" means a laboratory or radiological service,or any other related service;"Disciplinary Committee" means the Committee constitutedunder section sixty-three;"former Council - means the Medical Council of Zambiaestablished under the repealed Act;"health care service" means a service provided by a healthpractitioner or health facility for the prevention, treatmentand management of illness and the preservation of mentaland physical well being;"health facility" means any site, fixed or mobile, providingservices for the prevention, diagnosis and treatment ofdisease or illness and includes a diagnostic centre, a hospiceand a hospital;"health practitioner" means a person registered as a healthpractitioner under section eight;"health profession" means a profession whose member isrequired to register under section eight and "healthprofessional" shall be construed accordingly;"hospice" means a place where a person who is terminally illreceives medical, nursing, nutritional, psychological andspiritual care;"hospital" means a health institution providing in- patient healthcare under the supervision of a medical doctor, whichincludes one or more of the following health services:

Health Professions[No. 24 of 2009 355medicine;surgery;obstetrics and gynaecology; orpaediatrics;"inspector' means a person appointed as an inspector undersection forty-seven;"organ class" means parts of the human body with similar orrelated anatomical functions and includes the endocrinesystem, cardiovascular system or nervous system;"peer" means a member of the same health profession withsimilar specialisation, if any, and an equivalent number ofyears of medical practise;"practising certificate" means a certificate issued to a healthpractitioner under section sixteen;"professional misconduct" has the meaning assigned to it undersection sixty-one;"provisional certificate of registration" means the registrationeffected under section nine,.-quality assurance information" means data from a medicalrecord showing the nature of diagnosis and treatment givento a patient, without identifying the patient;-Register" means the Register referred to under sectiontwenty-seven;"Registrar" means the person appointed as Registrar undersection five,."repealed Act" means the Medical and Allied ProfessionsAct, 1977;"scope of practise" means the range of knowledge expectedof a particular health profession, and the preventive,diagnostic and treatment techniques which a healthpractitioner is allowed to perform, and the conditions underwhich the health practitioner may engage in those techniques;"speciality" means a special field of work or study that ahealth practitioner specialises in or intends to specialise in;"specialist - means a person registered as a specialist undersection twelve;Cap. 297

356 No. 24 of 2009]Health Professions"temporary certificate of registration" means the registrationeffected under section ten,. and"Vice-Chairperson" means the person appointed as ViceChai person under paragraph 1 of the First Schedule.(2) In this Act, any reference to the removal from, or therestoration to, the Register of the name of a health practitioner,shall be construed as including a reference to the removal from, orthe restoration to, the Register of any other registrable particularsrelating to that health practitioner.PART IIT HE H EALTH P ROFESSIONS C OUNCIL OF Z AMBIAContinuationand renamingof MedicalCouncil ofZambia Cap.297Functions ofCouncil3. (1) The Medical Council of Zambia established under therepealed Act shall continue to exist as if established under this Actand is for purposes of this Act hereby renamed the HealthProfessions Council of Zambia.The Council shall be a body corporate with perpetualsuccession and a common seal, capable of suing and being sued inits 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.The provisions of the First Schedule apply to the Council.4. ( 1 ) The functions of the Council are to—register members of the health profession and regulatethe professional conduct of health practitioners;maintain appropriate practise standards among healthpractitioners that are consistent with the principle of selfregulation and the promotion of high standards of publichealth;develop, promote, maintain and improve appropriatestandards of qualification in the health profession;promote the integrity, and enhance the status, of the healthprofession including the declaration of any particularhealth practise to be undesirable for all, or a particularcategory of, health practitioners;(e) licence public and private health facilities, accredit healthservices and monitor quality control and assurance ofhealth facilities and services;(f)represent, coordinate and develop the health professionand promote its interest;develop, promote and enforce internationally comparablepractise standards in Zambia;investigate allegations of professional misconduct andimpose such sanctions as may be necessary;(i) protect and assist the public in all matters relating to thepractise of the health profession;

Health Professions[No. 24 of 2009 357Wadvise the Minister on matters relating to the healthprofession; and(k) do all such things as are necessary or incidental to theperformance of its functions under this Act.(2) The Council may—determine and levy fees that the Council considersnecessary to finance its activities under this Act;determine the fees payable for an inspection conductedfor the purposes of this Act;determine fees for the accreditation of local and foreigntraining institutions and qualifications; anddetermine what portion of any fee is payable in respect ofany part of a year and the date on which the fee orportion thereof is payable.5. (1) The Council shall appoint a Registrar, who shall be theChief Executive Officer, on such terms and conditions as the Councilmay determine.The Registrar shall be the Secretary to the Council andshall be responsible for the day to day administration of the affairsof the Council, under the supervision of the Council.The Council may, whenever the Registrar is absent or isfor any other reason unable to discharge the functions of theRegistrar's office, appoint an acting Registrar to discharge theRegistrar's functions.(4) The Council shall appoint, on such terms and conditions asthe Council may determine, such other staff as may be necessaryfor the purposes of this Act.RegistrarPART IIIREGISTRATION OF H EALTH P RACTITINERS(1) A person shall not practise as a health practitioner, unlessthat person is registered as a health practitioner in accordancewith this Act.(2) A person who contravenes subsection (1) commits an offenceand is liable, upon conviction, to a fine not exceeding five hundredthousand penalty units or to imprisonment for a period not exceedingfive years, or to both.(1) A person who wishes to be registered as a healthpractitioner, shall apply to the Council for registration in theprescribed manner and form upon payment of the prescribed fee.The Council may determine different fees for differentcategories or classes of health practitioners.The Council shall, within thirty days of receipt of anProhibitionof ation

358 No. 24 of 2009]Registrationof healthpractitionersHealth Professionsapplication under subsection (1), grant or reject the application.(4) The Council shall, where it rejects an application undersubsection (3), inform the applicant accordingly and give the reasonstherefor.8. (1) The Council shall, where an application meets therequirements of this Act, register the applicant as a health practitionerand issue the applicant with a certificate of registration.(2) The Council shall register a health practitioner as —a medical doctor;a medical licentiate;a clinical officer;an emergency care officer;(e) a dental surgeon;(pa dental technologist;a dental therapist;an oral hygienist;(i) a pharmacist;(j)a pharmacy technologist;(/c) a radiographer;Man X-ray assistant;a biomedical scientific officer;a medical laboratory technologist;a medical laboratory technician;a physiotherapist;an osteopath;an orthopaedic technologist;an occupational therapist;a clinical psychologist;a medical sociologist;a medical social worker;a nutritionist and dietician;an audiometrist;an optician, optometrist and dispensing optician;an environmental health officer;(aa) an environmental health technologist; or(ab) any other health profession as the Minister may prescribe,

Health Professions[No. 24 of 2009 359on the recommendation of the Council.A holder of a provisional certificate of registration or atemporary certificate of registration may apply to the Council for acertificate of registration in the prescribed manner and form uponpayment of the prescribed fee.The Council shall, within thirty days of receipt of anapplication under subsection (3), grant or reject the application.The Council shall, where it rejects an application undersubsection (4), inform the applicant accordingly and give the reasonstherefor.Subject to the provisions of this Act, the Council shall issuea certificate of registration under this section—(a) to a holder of a provisional certificate of registration, ifthe holderhas practised in a health facility approved by theCouncil for a period of not less than twelvemonths;is of good character and good professionalstanding; and(iii) meets such other requirements as may beprescribed; and(b) to a holder of a temporary certificate of registration, if theholder—has completed at least twelve months ofcontinuous employment in a health facility thatholds a class A or class B licence under sectionthirty-eight; andsubmits a letter from the person's supervisor atthe health facility referred to under subparagraph (i), stating that the person hasperformed satisfactorily and displayed skills andknowledge equivalent to those of healthpractitioners trained in Zambia.(7) The Minister may, by statutory instrument, on therecommendation of the Council, prescribe—the qualifications for registration of a person as a healthpractitioner; andthe scope of practise for health practitioners registeredunder this Act.

360 No. 24 of 20091ProvisionalregistrationHealth Professions9. (1) A person who holds a qualification from a traininginstitution recognised by the Council, or a holder of a temporarycertificate of registration, may apply for provisional registration inthe prescribed manner and form upon payment of the prescribedfee.(2) Subject to the provisions of this Act, the Council shall. wherea person makes an application under subsection (1), issue the personwith a provisional certificate of registration if—the person meets the requirements for provisionalregistration; andthe Council determines that the training previously receivedby the person is equivalent to that required for provisionalregistration.(3) The Council shall, where it rejects an application forprovisional registration, inform the applicant accordingly and givethe reasons therefor.A person holding a provisional certificate of registrationmay engage in employment as a health practitioner in Zambia.The Council shall not issue a person with a provisionalcertificate of registration for a period exceeding two years.(6) The Minister may, by statutory instrument, on therecommendation of the Council, make regulations to regulate thescope of practise of holders of provisional certificates of registration.Temporaryregistration10. (1) Subject to the provisions of this Act, a person who istrained outside Zambia and is not a holder of a qualificationrecognised by the Council, may apply for temporary registration.(2) The Council shall, upon receipt of an application made undersubsection (1), issue the applicant with a temporary certificate ofregistration if the applicant—possesses such knowledge and training as may beprescribed;has passed the prescribed assessment examinationconducted by the relevant training institution in Zambia,recognised by the Council;(c) provides a certificate of good standing from the professionalregistration body in the country where the person iscurrently practising;

Health Professions[No. 24 of 2009 361proves that the person is sufficiently knowledgeable inthe English language; andshall serve in Zambia at the request of the ZambianGovernment or a health facility licenced under this Act.The Council shall not issue a person with a temporarycertificate of registration for a period exceeding two years.The Council shall, where it rejects an application fortemporary registration, inform the applicant accordingly and givethe reasons therefor.The Council may, at the request of a health facility Registration11. (1)licensed under this Act, register a health practitioner, qualified in for limitedperiodanother country, to provide health care in Zambia for a limitedperiod of time, at the health facility.The Council shall register a health practitioner for a limitedperiod if the health practitioner holds equivalent registration in thehealth practitioner's country of origin and the health practitioner isin good standing with the relevant professional body in the healthpractitioner's country.The Council may specify the terms and conditions to whichthe registration under this section is subject, including the acts to beperformed, or the nature of supervision required, by the healthpractition-er.The Council shall register a health practitioner under thissection for a specified period of time not exceeding six months.The Council may, on the application of a health facility,renew the registration of a health practitioner under this section onsuch terms and conditions as the Council may determine.12. (1) A health practitioner who wishes to be registered as a Specialistspecialist shall apply to the Registrar for registration, in the registrationprescribed manner and form upon payment of the prescribed fee.(2) The Registrar shall register a health practitioner as aspecialist, if the health practitioner holds a post-graduate qualificationapproved by the Council.13. A person registered under this Act, shall notify the Registrarof any change of that person's particulars relating to the registration,within seven days of the change.Changes indetail

362 No. 24 of 20091Cancellationof registrationHealth Professions14. (1) The Council shall cancel the registration of a healthpractitioner where—the Council has reasonable grounds to believe that theregistration was obtained through fraud, mispresentationor concealment of any material fact;the health practitioner is found guilty of professionalmisconduct under this Act or the Code of Ethics;the health practitioner has ceased to be employed by, orto practise at, a health facility for which the registrationwas obtained;the period for which the registration of the healthpractitioner was issued has lapsed;(e) the health practitioner is convicted of an offence underany law; or(f)since the registration, circumstances have arisendisqualifying the health practitioner from registration.The Council shall, before cancelling the registration of ahealth practitioner under subsection (1), give the health practitioneran opportunity to be heard.The Council may, before cancelling the registration of ahealth practitioner, suspend the health practitioner for such periodand on such terms and conditions as the Council may determine.(4) Where the Council cancels the registration of a personunder this section, the person's name shall be removed from theRegister and shall not be restored except on such conditions asmay be prescribed by the Council and upon payment of theprescribed fee.Prohibitionof practisingcertificate(1) A person shall not practise as a health practitioner,unless that person holds a practising certificate issued by the Councilunder this Act.(2) A person who contravenes subsection (1) commits anoffence and is liable, upon conviction, to a fine not exceeding ninehundred thousand penalty units or to imprisonment for a period notless than ten years and not exceeding twenty years, or to both.( I ) A health practitioner shall apply for a practisingcertificate in the prescribed manner and form upon payment of theprescribed fee.

Health Professions[No. 24 of 2009 363(2) The Registrar shall, upon receipt of an application undersubsection (1) and where the application meets such requirementsas may be prescribed, issue the health practitioner with a practisingcertificate.A holder of a practising certificate shall display the practisingcertificate in a conspicuous place at the place of practise.Display ofpractisingcertificate(1) A practising certificate shall be renewed annually inthe prescribed manner and form upon payment of the prescribedfee.Renewal ofpractisingcertificateA practising certificate that is not renewed in accordancewith subsection (1) is void.A health practitioner who practises during any period inwhich the health practitioner's practising certificate is void commitsan offence and is liable, upon conviction, to a fine not exceedingseven hundred thousand penalty units or to imprisonment for aperiod not exceeding seven years, or to both.19. (1) The Council shall cancel a practising certificate if theholder—Cancellationof practisingcertificateis found guilty of any professional misconduct;is declared to be of unsound mind;is an undischarged bankrupt;contravenes the provisions of the Public Health Act or Cap 295any other relevant law;(e) is a proprietor, or in charge of, a health facility which isclosed or whose licence is cancelled under this Act;(f)obtained the practising certificate through fraud,misrepresentation or concealment of a material fact; or(g) commits an offence under this Act or contravenes theCode of Ethics.Where the registration of a health practitioner is cancelledunder this Act, the practising certificate held by the healthpractitioner shall be void and shall be surrendered to the Council.The Council shall, before cancelling the practising certificateof a health practitioner under this section, give the health practitioneran opportunity to be heard.

364 No. 24 of 20091Health Professions(4) The Council may, before cancelling the practising certificateof a health practitioner, suspend the health practitioner for suchperiod and on such terms and conditions as the Council maydetermine.Regulationsrelating topractisingcertificates20. The Minister may, by statutory instrument, on therecommendation of the Council, make regulations to provide for—(a) the terms and conditions for the issuance of practisingcertificates;the type of continuing professional development andtraining and any other information required for theissuance of a practising certificate; andany other matter necessary for purposes of this Act.Conditions ofcertificateA certificate issued under this Part shall contain such termsand conditions of the certificate as the Council may determine.Prohibition oftransfer ofcertificateA certificate issued under this Part shall not be transferredto a third party.Removal andrestorationof name onRegister23. (1) The Minister may, on the recommendation of theCouncil, make regulations prescribing the circumstances andmanner in which a health practitioner —(a) may be removed from the Register; and(h) who is removed from the Register, may be restored onthe Register and ti-.e fee to be paid for the restoration.Subject to subsection (1), a health practitioner who isremoved from the Register ceases to be a registered healthpractitioner.The Council may, where a health practitioner informs theRegistrar that the health practitioner does not intend to practise fora specified period of time, maintain the name of the healthpractitioner on the Register, in a non-practising category, for thatperiod of time.Re-registration24. Where the registration of a health practitioner has beencancelled or suspended, the health practitioner affected may,subject to such terms and conditions as the Council may determine,apply for re-registration.

Health Professions[No. 24 of 2009 365(1) A person whose certificate of registration is destroyedor lost may apply to the Registrar for a duplicate certificate in theprescribed manner and form upon payment of the prescribed fee.Duplicatecertificate ofregistration(2) The Registrar may, upon receipt of an application undersubsection (1), issue a duplicate certificate of registration to theapplicant.(1)A person may apply to the Registrar for a Certificate ofcertificate of status, containing particulars relating to a health statuspractitioner's registration, in the prescribed manner and form andupon payment of the prescribed fee.(2) Upon receipt of an application under subsection (1), theRegistrar may issue a certificate of status to the applicant in theprescribed form.27. (1) The Registrar shall keep and maintain a Register of Registerall health practitioners registered under this Act in which the Registrarshall enter the details and particulars relating tofully registered health practitioners;the holders ofpractising certificates;provisional certificates of registration; and(iii) temporary certificates of registration;persons registered for a limited period;person registered as specialists;(e) the applications rejected and the reasons therefor; and(f)any other information as the Council may determine.The Register shall be kept in the custody of the Registrarat the offices of the Council, and shall be open for inspection bymembers of the public during normal office hours upon payment ofsuch fee as the Council may determine.The Registrar may, upon application by any person, issueto the person a certified extract from the Register, or a copy of acertificate of registration, upon payment of such fee as the Councilmay determine.28. (1) The Registrar shall, on the direction of the Council,cause copies of the Register and any alterations thereof, or additionsthereto, to be printed and published in such manner and form as theCouncil may direct.Publicationof copies ofRegister

366 No. 24 of 2009]Health Professions(2) Subject to this Act, a copy of the last published and printedRegister shall be evidence admissible in all legal proceedings ofwhat is contained in that Register and the absence of the name ofa health practitioner from that copy, shall be prima facie evidencethat the health practitioner is not registered.Appeals(1) A person aggrieved with a decision of the Council may,within thirty days of receiving the decision, appeal to the Minister.(2) A person aggrieved with a decision of the Minister may,within thirty days of receiving the decision, appeal to the HighCourt.Holding out ashealthpractitioner(1) A person shall not, unless the person is registered as ahealth practitioner under this Act—practise as, be employed as, offer health care servicesas, be engaged as an agent of, or hold out to be, a healthpractitioner;adopt, use or exhibit the term "health practitioner"or anyother term of like description; or(c) do anything likely to lead persons to infer that the personis a registered health practitioner.A person or health facility shall not employ a person whois not registered under this Act as a health practitioner.A person who contravenes subsection (1) or (2) commitsan offence and is liable, upon conviction, to a fine not exceedingseven hundred thousand penalty units or to imprisonment for aperiod not exceeding seven years, or to both.A health practitioner who permits that health practitioner'sname to be used by a person who is not a registered healthpractitioner commits an offence and is liable, upon conviction, to afine not exceeding seven hundred thousand penalty units or toimprisonment for a period not exceeding seven years, or to both.Nothing in this section shall prevent a trainee, undergoingtraining for the purpose of qualification for registration as a healthpractitioner, from employment or performance of health careservices under the direct supervision of a registered healthfor trainingpractitioner in accordance with suchprogrammes as the Council may determine.

Health Professions[No. 24 of 2009 36731. (1) A person shall not —make or cause to be made an unauthorised entry, alterationor erasure in the Register or a certified copy of an entryin the Register or a certificate of registration or othercertificate issued under this impersonate or use the title of a registered healthpractitioner while not registered as such under this Act;procure, or attempt to procure, registration under this Act,by fraud, false representation or the concealment of amaterial fact;forge a certificate of registration or other certificate issuedunder this Act;or(e) undertake to provide health care services in excess of thescope of practise permitted for the registered healthprofession.(2) A person who contravenes subsection (1), commits anoffence and is liable, upon conviction, to a fine not exceedingseven hundred thousand penalty units or to imprisonment for aperiod not exceeding seven years, or to both.PART IVTRAINI

Health Professions [No. 24 of 2009 349 THE HEALTH PROFESSIONS ACT, 2009 . includes one or more of the following health services: Health Professions [No. 24 of 2009 355 medicine; surgery; obstetrics and gynaecology; or . "organ class" means parts of the human body with similar or related anatomical functions and includes the endocrine system .

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