Last Change:

05/24/2025

Islamabad Healthcare Regulation Act, 2018

Year: 2018

Type: Domestic law

Rights Category: Health

Description

An Act to provide for establishment of the Islamabad Healthcare Regulatory Authority. Whereas it is expedient to provide a regulatory framework to ensure provision of quality health care services, by implementing quality standards by the healthcare sector, to residents of the Islamabad Capital Territory and where as it is expedient to establish the Islamabad Healthcare Regulatory Authority for aforesaid purpose and to provide for matters connected therewith and ancillary thereto.

Selected provisions
Section 3 - Establishment of Islamabad Healthcare Regulatory Authority.

(1) The Federal Government shall, within one month of the commencement of this Act and by notification in the official Gazette, establish the Islamabad Healthcare Regulatory Authority which shall be responsible for implementation, administration and enforcement of this Act. (2) The Authority shall be a body corporate having perpetual succession and a common seal with powers to enter into contract, hold properties, sue and be sued by its name. (3) The principal office of the Authority shall be at Islamabad.

Section 4 - Powers and functions of the Authority.

(I) The Authority shall have following powers and functions, namely:

(a) maintain register of all healthcare establishment;

(b) set standards for registration and licensing of healthcare establishments for the purpose of this Act;

(c) registration of all healthcare establishments, health professional and equipment: and their notification in the official Gazette;

(d) issuance of license for defining scope and extent of healthcare services to be provided by a healthcare establishment;

(e) enforce minimum standards of safety for patient, healthcare professional and other staff in a healthcare establishment;

(f) regulate healthcare establishments in accordance with standards and notified practices;

(g) prepare and notify notified practices as a guiding document for service provision in a healthcare establishment;

(h) inquire and investigate into violation of any of the provisions of this Act, by any healthcare establishment;

(i) ensure compliance and implementation of provisions of this Act, rules and regulations made there-under and notified standards, by arranging periodical inspections and surprise visits by inspection committee;

(j) provide guidelines to the Registration Board for grant, renewal, suspension or cancellation of registrations of healthcare establishments, its healthcare professional and equipment;

(k) advise the Federal Government to prescribe rates of fee for various registrations or licensing, renewals, restoration or suspension of registrations or licensing or restoration of lapsed registration or licensing;

(l) issue standing orders to ensure provision of quality healthcare services by healthcare establishments;

(m) organize and arrange various educative programs, seminars, conferences and meetings;

(n) take steps for coordination with healthcare establishments, for implementation of various health improvement, disease prevention, curative, rehabilitative and palliative programs;

(o) acquire, own, possess, transfer or lease properties for purposes of this Act;

(p) to propose regulations for appointment or termination of employees of the Authority, their terms and conditions of service including the welfare of employees;

(q) prepare and implement annual plans;

(r) approve annual accounts, budget and estimates of income and expenditure;

(s) approve Appointment of bankers and auditors;

(t) develop and put in place various policies and measures to ensure elimination of quackery;

(u) establish committees for assistance and advice to the Authority in relation to the performance of its functions and determine the membership, remuneration of members and terms of reference of each committee;

(v) subject to other provisions of this Act, prepare and issue regulations, guidelines, instructions and directives to ensure implementation of this Act and notified practices;

(w) take action against violation of any provision of this Act and regulations made thereunder on complaint by an aggrieved person;

(x) to collaborate with international and national institutions, organizations and companies to secure their assistance, cooperation and support for improvement of healthcare establishments for provision of healthcare services;

(y) exercise any powers and perform any functions as may be necessary for carrying out the purposes of this Act on the instruction of the Federal Government; and

(z) delegate any of its functions to any person on such terms and conditions as may be specified.

(2) The Authority may exercise the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:—

(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 commissions for the examination of witnesses.

(3) The Authority shall not investigate or inquire into any matter subjudice before a court of competent jurisdiction on the date of the receipt of a complaint.

(4) The Authority may authorize members of the staff to administer oaths and to attest various affidavits, affirmations or declarations which shall be admitted in evidence in all proceedings under this Act.

Section 17 - Setting standards.

(1) The Board shall constitute technical committees for laying down different standards for the purpose. of measuring the quality of healthcare services for registration of the healthcare establishments, healthcare professional and equipment. (2) The Board may constitute technical committees in other areas if it deemed necessary. (3) The Beard may constitute policy advisory committee comprising members of such institutions in health and other related sectors as it may deem appropriate.

Section 33 - Complaints.

(1) The Authority shall investigate the complaints relating to healthcare establishment, healthcare professional, healthcare services and medical negligence. kinds of complaints;
(b) categories or different kinds of medical negligence;
(c) and mal-administration, malpractice and failure in provision of healthcare services.
(3) The recognized and known complications of a medical or surgical treatment are not considered as medical negligence.