Last Change:
05/24/2025
Sindh Healthcare Commission Act, 2013
Year: 2013
Type: Domestic law
Rights Category: Health
Description
An Act to improve the quality of healthcare services and banning quackery in the Province of Sindh in all its forms and manifestations.
Selected provisions
(1) Government may, by notification in the official gazette, establish a Commission to be called the Sindh Healthcare Commission for carrying out the purposes of this Act. (2) The Commission shall be a body corporate having perpetual succession and a common seal, with powers to enter into contract, sue and be sued by its name. (3) The head office of the Commission shall be at Karachi and it may have such other offices in the Province of Sindh as the Commission may determine.
(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 sub-section (1), the Commission shall - (a) maintain register of all healthcare service providers; (b) grant, revoke and renew licenses to persons involved in the provision of the healthcare services and to vary terms and conditions and purposes of the licenses; (c) monitor and regulate the quality and standards of the healthcare services developed by Government; (d) operate accreditation programs in respect of the healthcare services and to grant accreditation to such healthcare service providers who meet the prescribed criteria and standards; (e) enquire and investigate into maladministration, malpractice and failures in the provision of healthcare services and issue consequential advice and orders; (f) impose and collect fees and charges on registration, licensing and accreditation under this Act; (g) impose and collect penalties on violation, breach or noncompliance of the provisions of this Act, rules, regulations, standing orders and instructions issued from time to time; (h) advocate rights and responsibilities of recipients and providers of the healthcare services; (i) (j) hold seminars, conferences and meetings on developing awareness about provision of high quality healthcare services; enter into agreement or arrangement with the Federal Government, Provincial Government, any authority, board, council or entity, non-governmental organization, domestic or international institution or agency for the purposes of this Act; (k) coordinate, liaise and network with any person, agency or institution; (l) take on lease the land, buildings for the purpose of offices or premises of the Commission at such price and on such terms as may be necessary; (m) appoint, engage, authorize and terminate employees, consultants, advisers, 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; (n) take measures for the welfare of the present and past employees of the Commission as well as its all registered members; (o) issue regulations, guidelines, instructions and directives to persons involved in the provision of healthcare services; (p) grading of the healthcare establishment; and (q) take necessary steps to put ban on quackery; (3) The Commission may assign any of its functions to a person on such terms and conditions as may be agreed between the Commission and the person. (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 Government. (5) The Commission shall conduct third party evaluation through independent performance/ clinical audit of healthcare establishments in the private sector. (6) Notwithstanding anything contained in any other law, the Commission may – (a) (b) (c) (d) on a complaint by any aggrieved person; or on a complaint by any aggrieved healthcare service provider; on a reference by Government or the Provincial Assembly of Sindh; or on a motion of the Supreme Court of Pakistan or the 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. (7) The Commission shall take cognizance of any case of harassment of healthcare service provider or damage to healthcare establishment property and may refer such a case to the competent forum. (8) The Commission shall take measures and devise a strategy to counter sale of drugs without prescription. (9) 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) (b) (c) (d) summoning and enforcing the attendance of any person and examining him on oath; compelling the production of documents; receiving evidence on affidavits; and issuing commission for the examination of witnesses. (10) The Commission 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 without proof of the signature or seal or official character of such person. (11) If the complaint, submitted by aggrieved person, is proved false, the complainant shall be liable to pay a fine upto two hundred thousand rupees. (12) Any practitioner in possession of a medical qualification that allows him to practice Medicine or Surgery in the European Union, Canada, UK, Australia or United States shall be eligible to do the same in the Province of Sindh without hindrance but will be responsible to provide good medical care with ethics under this Act. He shall be answerable to the authority for any queries arising from the care provided by him under this Act. He will follow the regulations of this Act in the same manner as applicable to other doctors working in the Province, subject to registration with Pakistan Medical and Dental Council. (13) The Commission shall frame the guidelines to save health service provider from harassment, undue pressure and damage to property in performing their professional duties. (14) The Security and protection while on duty of the Health Care Worker should be the responsibility of the organization availing their services. (15) The organizations, public or private, government, local, provincial or federal for which the doctors and Health Care Workers are working must provide them full protection, both physical and legal. (16) In case of physical injury incurred while performing the duties, the - (a) doctors and health care workers should be fully compensated; (b) doctors and healthcare workers should have legal protection and in case of litigation, the administration must own the responsibility of legal cover and provide full financial and legal help accordingly.
(1) The Commission shall implement the standards developed and approved by Government. (2) The Commission, with the approval of Government shall - (a) prepare and publish statements of standards in relation to the provision of healthcare services; and (b) keep the standards under review and publish amended statements whenever deemed appropriate. (3) Government may, after considering any representations made in relation to the standards prepared and published by the Commission, make such revision with respect thereto as deemed necessary and the Commission shall publish the revised standards. (4) For meeting the mutually agreed standards, an appropriate and reasonable period of time shall be given keeping in view the ground realities regarding availability of trained Human Resource, improvement of the existing Human Resource and all other allied factors.
(1) The Commission shall prescribe the procedure for the conduct of investigation to be carried out by the Commission under this Act. (2) A complaint shall be made on solemn affirmation or oath and in writing addressed to the Commission by the person aggrieved or, in the case of his or her death, by the legal representative and shall be lodged in person at the Office or handed over to the Chief Executive Officer of the Commission in person or sent by any other means of communication to the Office. (3) The Commission shall not entertain anonymous or pseudonymous complaints against the healthcare service provider or healthcare establishment. (4) A complaint shall be made not later than thirty days from the day on which the person aggrieved first had the notice of the matter alleged in the complaint.