{ "schema_version": "qanun-law-text/1", "id": "pk-code-e01e4749fc87ccbf", "title": "Allied Health Professionals Council Act, 2022", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-bpuUY2dr-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "3b29b907683a9cd9547c94c16f5312cec26459fef9a268c2b6935c440e78f0bd", "source_sha256": "3b29b907683a9cd9547c94c16f5312cec26459fef9a268c2b6935c440e78f0bd", "text_version_id": "law:pk-code-e01e4749fc87ccbf:sha256:3b29b907683a9cd9547c94c16f5312cec26459fef9a268c2b6935c440e78f0bd", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 19 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE ALLIED HEALTH PROFESSIONALS COUNCIL ACT, 2022 \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n_____________ \r\n \r\n \r\nCONTENTS \r\n \r\n \r\n1. Short title, extent commencement. \r\n2. Definitions. \r\n3. Establishment of the Council. \r\n4. Power and functions of the Council. \r\n5. Restrictions on nominations. \r\n6. Term of office of the members. \r\n7. Meeting of the Council. \r\n8. President and Vice President. \r\n9. Advisory Committees of the Council. \r\n10. Functions of the advisory committee. \r\n11. Officers and servants of the Council. \r\n12. Recognition of institution imparting basic or higher qualification. \r\n13. Recognition of foreign qualifications. \r\n14. Recognition of continuous professional development opportunity providers. \r\n15. Reciprocal recognition of qualification. \r\n \r\n\r\n \r\nPage 2 of 19 \r\n \r\n16. Registration of Allied Health Professionals whose qualification may be considered \r\nrecognized qualification. \r\n17. Licensing and Rights of Licensees. \r\n18. Institutions to furnish information required by the Council. \r\n19. Inspection of institution. \r\n20. Maintenance of the register. \r\n21. Procedure for registration. \r\n22. Removal of name from the register. \r\n23. Disqualification for registration. \r\n24. Prohibition of employment of and practice by un-registered AHP. \r\n25. Penalty for offenses. \r\n26. Appeal. \r\n27. Cognizance by court. \r\n28. Complaints. \r\n29. Procedure of inquiry. \r\n30. Directions as to apparatus, appliance, equipment or products. \r\n31. Action done in good faith. \r\n32. The Fund. \r\n33. Bank accounts. \r\n34. Annual report, accounts and audit. \r\n35. Investments. \r\n36. Consultants, advisors, etc. \r\n37. Executive authorities to assist the Council. \r\n38. Power to make rules. \r\n39. Regulations. \r\n \r\nPage 3 of 19 \r\n \r\n40. Removal of difficulties. \r\n41. Overriding effect. \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 4 of 19 \r\n \r\nTHE ALLIED HEALTH PROFESSIONALS COUNCIL ACT, 2022 \r\nACT NO. IX OF 2022 \r\n \r\n[28th February, 2022] \r\n \r\nAn Act to make the provisions for the establishment of the Allied Health Professionals Council \r\nWHEREAS it is expedient to establish an Allied Health Professionals Council in Pakistan for \r\nthe purposes of making a uniform standard of basic and higher qualification in various Allied Health \r\ndisciplines and to consolidate the law relating to the registration of all professionals in various \r\ndisciplines of Allied Health Professionals; \r\nWHEREAS, it is necessary to regulate education, training, practice, functions and registration of \r\nAllied Health Professionals in the Pakistan for public health \r\nIt is hereby enacted as follows:— \r\n1. Short title, extent commencement. — (1) This Act shall be called the Allied Health \r\nProfessionals Council Act, 2022. \r\n(2) It shall extend to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n2. Definitions.— (1) In this Act, unless there is anything repugnant in the context or subject,— \r\n(a) “Allied Health Professionals” or “AHP” means Person who provides diagnostic, \r\ntherapeutic, Preventive, curative or rehabilitative services in health care, in a \r\nprescribed Manner and has undergone a prescribed course of training in a \r\nrecognized institution and is registered as an Allied Health Professional by the \r\nbody formed for the purpose, as per Sehedule-I; \r\n(b) “bachelor degree” means any degree, duly recognized by the co uncil, of at least \r\nfour years duration after higher secondary school granted by a university or an \r\ninstitution; \r\n(c) “basic qualification” means certificate or diploma course for Allied Health \r\nProfessionals recognized by the council; \r\n(d) “certificate” means any recognized qualification pursuant to at least a one year \r\ntraining duration granted by an institution recognized by the Council; \r\n(e) Council means the Allied Health Professionals Council established under section \r\n3; \r\n(f) “continuous professional develop ment” means skill enhancement and \r\nimprovement of personal and professional competency which shall— \r\n(i) Comprise of lectures, seminars, courses, individual study or other \r\nactivities undertaken by a Registered AHP; and \r\n \r\n \r\nPage 5 of 19 \r\n \r\n(ii) reasonably be expected to advance a Registered AHP’s development in \r\nhis or her related profession. \r\n(g) “continuous professional development opportunity provider” means an \r\ninstitution or organization providing continuous professional development \r\nopportunities recognized by the council; \r\n(h) “diploma” means any recognized qualification of at least two years or greater \r\nduration granted by an institution recognized by the Council to grant such \r\nqualification under this act; \r\n \r\n(i) “doctorate degree” means any degree higher than an M. Phil or masters degree, \r\nrecognized by the Higher Education Commission of Pakistan and which is \r\nrecognized by the council as applicable towards qualifications of an AHP; \r\n \r\n(j) “eligible” means any person eligible for registration of recognized qualification \r\nunder this act; \r\n \r\n(k) “Ex-officio member” means members of the Council nominated under clauses (a) \r\nand (b) of sub-section 3 of section 3 of this Act and who shall not have the right \r\nto vote or hold any elected position in the Council; \r\n \r\n(l) “healthcare establishment” means any premises used or intended to be used for \r\nthe provision of health care services, including but not limited to a hospital, \r\nteaching hospital, rural health center, basic health units, surgical centers, blood \r\nbanks, maternity homes, nu rsing homes, clinics, clinical laboratories, \r\ndispensaries, dental clinics, x -ray laboratories, diagnostic center, centers for \r\nnuclear medicine or radiation therapy, ambulatories, psychiatric hospitals, burn \r\nunits, psychiatric nursing homes, community mental health center, hemodialysis \r\ncenter, dialysis center, rehabilitation center or clinic or centers and such other \r\nhealth care or premises as may be declared from time to time by the Federal or \r\nProvincial Government or byelaw; \r\n \r\n(m) “Higher qualification” mea ns a bachelor’s degree or higher qualification as \r\nrecognized by the Council for AHP; \r\n \r\n(n) “institution” means an institute, college or university which is recognized under \r\nthis act to grant or train basic or higher qualification for AHP; \r\n \r\n(o) “masters degree” means any post graduate degree granted by a university or an \r\ninstitution recognized by the Council; \r\n \r\n(p) “Member” means a member of the Allied Health Professionals Council; \r\n \r\n(q) “M. Phil” means any post-master degree granted by a university or an institution \r\nrecognized by the Council; \r\n(r) “National Medical Authority” means the Authority constituted under section 15 \r\nof the Pakistan Medical Commission Act, 2020; \r\n \r\n(s) “Prescribed” means prescribed by rule or regulation; \r\n \r\nPage 6 of 19 \r\n \r\n(t) “Recognized Qualification” include: \r\n \r\n(i) a basic qualification for AHP recognized by the council; or \r\n \r\n(ii) a higher qualification for AHP recognized by the council; or \r\n \r\n(iii) a basic or higher qualification for AHP which was registered under any law, \r\nbefore the commencement of this Act, which shall be considered as a \r\nrecognized qualification. \r\n \r\n(u) “List of disciplines” categorized as allied health professional will be as included, \r\nadded or notified by the concerned administrative division or Ministry, in \r\nSchedule-I to this Act; and shall include disciplines that are formally taught by a \r\nrecognized institution and are related to patient care. \r\n \r\n(2) Any other expressions used but not defined in this Act, shall have the same meanings \r\nassigned thereto in the respective laws and rules made thereunder. \r\n \r\n3. Establishment of the Council. — (1) There shall be a council hereinafter known as the \r\nAllied Health Professionals Council, to be constituted by the Prime Minister. \r\n \r\n(2) The head office of the Council shall be in Islamabad and the Council shall establish offices \r\nin each Province and may in any other regions as required. \r\n \r\n(3) The Council shall consist of the following members, namely:— \r\n \r\n(a) Director General Health, of the Federal and Provincial Governments ( Ex-officio \r\nmember); \r\n \r\n(b) a Representative of the Medical Corps of the Armed Forces to be nominated by \r\nthe Surgeon General; \r\n \r\n(c) one health professional to be nominated by each province, GB and AJK \r\nGovernment from the categories at Schedule -I from a public or private sector \r\nuniversity or affiliated college/ institute in the province; \r\n(d) One health professional to be nominated by the Federal Government from the \r\ncategories at Schedule -I from a public or private sector university or affiliated \r\ncollege in Islamabad Capital Territory; \r\n \r\n(e) three members of civil society from amongst nationally recognized \r\nphilanthropists or persons of known repute, a legal professional and a chartered \r\naccountant nominated by the Prime Minister of Pakistan; and \r\n \r\n(f) upon the constitution of the advisory committees, the chairman of each advisory \r\ncommittee shall be a co-opted member of the Council subject having voting rights \r\non issues of their discipline brought before the Council. \r\n \r\n(4) The council shall be a body corporate, having perpetual succession and a common seal, \r\nwith power to acquire and hold property both movable and immovable, and shall by said name sue \r\nand be sued. \r\n \r\nPage 7 of 19 \r\n \r\n4. Power and functions of the Council. — (1) The Council shall perform the following \r\nfunctions, namely:— \r\n \r\n(a) regulate the standard of services for the practice of AHP; \r\n \r\n(b) define, in consultation with the appropriate advisory committee, the scope and \r\nstandards of study, instruction and training in recognized institutions in Pakistan \r\nand ensure they are maintained; \r\n \r\n(c) create category-specific advisory committees of relevant professionals for \r\ncategories in Schedule -I in which the basic qualifying qualification is a \r\nrecognized university degree; \r\n \r\n(d) set practice standards of proficiency and conduct for AHP; \r\n \r\n(e) register AHP as practitioners; \r\n \r\n(f) assist health facilities regulatory bodies to monitor and inspect Allied Health \r\nFacilities; \r\n \r\n(g) facilitate continuing professional development of AHP practitioners; \r\n \r\n(h) determine and implement post registration continuing education and continuing \r\nprofessionals development programmes for AHP practitioners; \r\n(i) ensure that the education and training of AHP in Pakistan are carried out at \r\napproved educational institutions; \r\n \r\n(j) advise the Federal and Provincial Governments on matters relating to allied health \r\npractice; \r\n \r\n(k) develop standards of licensing examination for AHP practitioners; \r\n \r\n(l) inquire and investigate into violation of any of the provisions of this Act, and \r\nrules and regulations made thereunder; \r\n \r\n(m) take measure for the welfare of the employees of the council; \r\n \r\n(n) prepare and implement annual plans; \r\n \r\n(o) approve annual accounts, budget and estimates of income and expenditure; \r\n \r\n(p) collaborate with international and national institutions, organizations and \r\ncompanies to secure their assistance. cooperation and support for improvement \r\nof allied health profession; and \r\n \r\n(q) perform any other functions that are ancillary to the objectives of the council. \r\n \r\n(2) All actions of the Council shall be taken in accordance with the provisions of this Act and \r\nthe Council shall explicitly define the scope of practice in each category or discipline. The council will \r\nensure that the right to prescribe drugs may not be given to any AHP and ensure that the authorization \r\n \r\nPage 8 of 19 \r\n \r\nto use any medical devices will be explicitly defined and limited to the scope of work of the category \r\nor discipline. \r\n \r\n(3) The Council shall ensure that no AHP shall designate himself a s doctor for professional \r\npurposes. \r\n \r\n5. Restrictions on nominations. — (1) No person shall be eligible for nomination under \r\nclauses (c), (d), (e) and (g) of sub-section (3) of section 3, unless he is a registered AHP. \r\n \r\n(2) No person shall be eligible for nomination under clauses (d) and (e) of sub -section (3) of \r\nsection 3 unless he resides in the Province concerned or as the case may be, the ICT or a federal \r\nterritory or region. \r\n \r\n6. Term of office of the members.— (1) The President of the Council shall be elected by the \r\nmembers of the Council by majority of votes from amongst its members, in its first meeting. \r\n(2) Subject to provisions of this section, a member, other than an ex-officio member, shall hold \r\noffice for a term of four years from the date of not ification of such member after nomination by the \r\nnominating authority. \r\n \r\n(3) A member may at any time resign from his membership by presenting his resignation in \r\nwriting addressed to the President of the Council and the seat of such member shall be deemed to have \r\nfallen vacant from the date of acceptance of his resignation by the President of the council. \r\n \r\n(4) A member shall be deemed to have vacated his seat,— \r\n \r\n(a) if the member ceases to represent the particular interest for which he was \r\nnominated to represent or hold any office or appointment by virtue of which he \r\nwas qualified to be nominated; and \r\n \r\n(b) if a member is declared by the council to have been absent without sufficient \r\ncause from three consecutive meetings of the Council. \r\n \r\n(5) The member shall continue to be a member so long as he holds the position on the basis of \r\nwhich he was nominated. \r\n \r\n(6) Where the said term of four years is about to expire in respect of any member, his successor \r\nmay be nominated at any time within three months before the said term expires, but shall not assume \r\noffice until the said term has expired. \r\n \r\n(7) A vacancy in the membership of the Council shall be filled within ninety days for the \r\nremainder of the term or the term of such member in the same manner in which such member was \r\nnominated. \r\n \r\n7. Meeting of the Council.— (1) The Council shall, for the purpose of transacting its business, \r\nmeet at least once in every quarter at such time and place as the President of the Council may determine \r\nor on rotation basis in each Province and ICI. \r\n \r\n(2) Special meeting may be held at such time and place as the President of the Council may \r\ndetermine or by submitting a written request signed by not less than two thirds of the members to the \r\nPresident and the President shall call the meeting within thirty days of receipt of the request. \r\n \r\nPage 9 of 19 \r\n \r\n(3) The Secretary shall arrange a special meeting if required, under subsection (2), on written \r\nnotice sent to all the members by special arrangements at least seven days before the date fixed for \r\nsuch meeting. \r\n(4) The quorum of the meeting shall be two-third voting members for meeting of the Council \r\nand all decisions of the Council shall be made by a majority of the members present and voting. Only \r\nmembers present at the time of meeting shall vote and no proxy vote shall be admissible. \r\n \r\n8. President and Vice President. — (1) The Council shall at its first meeting, elect from \r\namongst its members a president and vice president. \r\n \r\n(2) The president and vice president of the Council shall hold office so long as he continues to \r\nbe a member. \r\n \r\n(3) The president and vice President shall be elected by majority vote of members present and \r\nvoting in the meeting. \r\n \r\n(4) Whenever the office of the president is vacant or the president is unable to perform the \r\nduties of his office for any reason, the vice president shall act in his place and shall perform the duties \r\nof the president. \r\n \r\n9. Advisory Committees of the Council.— (1) The Council shall constitute advisory \r\ncommittees for each discipline mentioned in Schedule-1 or any other discipline recognized by Council. \r\n \r\n(2) Each advisory committee shall consist of five reputable registered members in the relevant \r\ndiscipline including one from each Province and one from ICT to be nominated by the respective \r\nhealth departments in the Provinces and Division concerned to the extent of the ICT. \r\n \r\n(3) Each advisory committee shall elect a chairman by majority vote amongst its members in \r\nits first meeting which shall be called by the president of the Council. \r\n \r\n10. Functions of the advisory committee.— Advisory committee shall assist and recommend \r\nto the Council for the following, namely:- \r\n(a) developing standards and procedures for examinations in their respective \r\ndisciplines; \r\n(b) developing the scope and course of study for qualifications in the said discipline; \r\n \r\n(c) developing the standards of teaching to be maintained by institutions conducting \r\nthe approved courses of study and to prescribe the qualifications of the faculty \r\nmembers; \r\n \r\n(d) developing guidelines for the provision of all the facilities to the students for \r\neducation and clinical training in the relevant discipline; \r\n(e) developing standards for recognition of degrees, diplomas and certificates in the \r\nrespective discipline granted by institutions in Pakistan and abroad; \r\n(f) fixing the appropriate fees for inspection of institutions, examination, registration \r\nand renewal of license in the relevant discipline; \r\n \r\nPage 10 of 19 \r\n \r\n(g) withdrawal of recognition of an institution for violation of the provisions of this \r\nAct or rules and regulations made there under or the terms and conditions of the \r\nrecognition; \r\n \r\n(h) withdrawal or suspension of the registration of an Allied Health Professional in \r\nthe relevant field for violation of provisions of this Act or rules and regulations \r\nmade there-under or the terms and conditions of the registration. \r\n \r\n(i) Inspection criteria of institutions not affiliated to a university and imparting \r\neducation and conducting examination in the respective discipline; \r\n \r\n(j) establishing the standards of pr actice, Code of ethics and conduct for the \r\nrespective discipline; \r\n \r\n(k) conduct licensing examinations in the prescribed manner as directed by the \r\nCouncil for registration and renewal of license in the respective discipline; \r\n \r\n(l) conduct training courses and programs for continual professional development in \r\nthe relevant field; and \r\n \r\n(m) to conduct any inquiry, as directed by the Council, if so deemed necessary. \r\n \r\n11. Officers and servants of the Council.— (1) The Council shall appoint a Secretary to the \r\nCouncil and a Director Education, Director Examination, Director Licensing, Director Administration \r\n& Human Resource and a Director Finance and such other officers and servants as it may deem \r\nnecessary for carrying out the functions of the Council: \r\n \r\nProvided the Federal Government may by notification direct the National Medical Authority \r\nto undertake and provide all administrative functions of the Allied Health Council including the \r\nfunctions of any or all the Directors except the functions of the Secretary which shall be performed by \r\nthe Secretary of the Council. The costs of such administrative functions shall be reimbursed to the \r\nNational Medical Authority by the Allied Health Council or the Federal Government as directed by \r\nthe Federal Government. \r\n(2) The Council shall determine the terms and conditions of service and fix the pay and \r\nallowances of its officers and servants competitive to market rates. \r\n \r\n(3) All persons appointed or employed under this Act shall be deemed to be public servants \r\nwithin the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). \r\n \r\n12. Recognition of institution imparting basic or higher qualification .— (1) The Council \r\non the recommendation of the relevant advisory committee, may grant recognition to any i nstitution, \r\nwhich grants or trains or both in courses for basic or higher qualifications for various AHP’s. \r\n \r\n(1) Any institution, which provides courses for basic or higher qualifications for various \r\nAllied Health Professionals in the Pakistan may apply to the Council for recognition. \r\n \r\n(2) The Council shall assess the institution and the qualifications as per prescribed procedures. \r\n \r\n(3) The Council shall maintain a public register listing all institutions and qualifications granted \r\nrecognition by it and the date of grant of such recognition. \r\n \r\nPage 11 of 19 \r\n \r\n(4) All institutions established before the commencement of this Act shall apply for recognition \r\nwithin one year after the commencement of this Act. \r\n \r\n13. Recognition of foreign qualifications.— (1) Notwithstanding section 16, the Council may \r\non the recommendation and evaluation by the relevant advisory committee, recognize any foreign \r\nbasic or higher qualification granted by any foreign institution for purposes of licenses and \r\nqualification in Pakistan. \r\n \r\n(2) The Council shall register and grant a license to any foreign licensed AHP who has \r\nacquired a license or is registered with an allied health authority in a country recognized by the \r\nCouncil. \r\n \r\n14. Recognition of continuous professional development opportun ity providers .— (1) \r\nAny organization in Pakistan, offering opportunities of continuous professional development (CPD), \r\nto AHP’s shall apply to the Council to have such facility recognized and Council on the \r\nrecommendations of the relevant advisory committee may recognize such institutions and facilities as \r\na recognized CPD provider. \r\n \r\n(2) A separate list of international CPD providing organization or institutes recognized by the \r\nCouncil shall also be maintained by the Council. \r\n15. Reciprocal recognition of qualification.— (1) The Council may, for settling a scheme of \r\nbilateral reciprocity for recognition of qualifications, enter into negotiations with concerned regulatory \r\nauthority in a foreign country which by the law of such country, is entr usted with the maintenance of \r\nor is authorized to maintain, a register of each category of AHP. \r\n(2) The Council may, in pursuance of any scheme of reciprocity settled under sub -section (1) \r\ndeclare in respect of any basic or higher qualification granted by relevant body in such country that \r\nsuch body when granted such basic or higher qualification after the date specified, shall be a \r\nrecognized basic or higher qualification for the purpose of this Act on reciprocal grounds. \r\n(3) Notwithstanding that a scheme of reciprocity has not been settled under sub -section (1), \r\nthe Council may, after recommendations of the relevant advisory committee, declare that a basic or \r\nhigher qualification granted by an institution or authority of a foreign country shall, for such p eriod \r\nand subject to such conditions if any, as may be specified in the notification be recognized basic or \r\nrecognized higher qualification for the purpose of this Act. \r\n16. Registration of Allied Health Professionals whose qualification may be considered \r\nrecognized qualification .— (1) Any relevant basic or higher qualification whatsoever attained or \r\ngranted before the commencement of this Act shall be deemed to have been recognized in respect of \r\nsuch basic or higher qualification granted by respective institution, Provincial medical faculties or any \r\nexisting boards having similar functions. \r\n(2) On the commencement of this Act, any person possessing hands on training with \r\nexperience of not less than five years in a reputable institution in a given discipline specified in the \r\nSchedule 1, may apply to the Council for recognition and such application must be made to the Council \r\nwithin one year of the commencement of this Act. If, after careful consideration of the quality of the \r\nexperience, based on prescribed c riteria by the relevant advisory committee of the Council for that \r\ndiscipline the Council is satisfied that a person is possessed of sufficient knowledge and skill to be \r\nregistered as an AHP for the purpose of this Act, the council may permit such person t o take the \r\nlicensing exam for registration and licensing as an AHP: \r\n \r\nPage 12 of 19 \r\n \r\nProvided that this opportunity for registration shall only be available for applications made \r\nwithin the first year of the commencement of this Act. \r\n \r\n17. Licensing and Rights of Licensees .— (1) The Council shall conduct not less than twice \r\neach year a licensing exam for each of the disciplines listed in Schedule-I. The exam shall be developed \r\nby the relevant advisory committee of the discipline. \r\n(2) Any person having acquired a qualification recognized by the Council under this Act shall \r\nhave the right to take the licensing exam. \r\n \r\n(3) All AHP’s who qualify the licensing exam shall be granted a license to practice by the \r\nCouncil and entered in the register of AHP’s. \r\n \r\n(4) A registered and licensed AHP shall have the following privileges, namely:— \r\n \r\n(a) entitled to practice in their cliscipiine subject to the prescribed code of conduct \r\nand terms of practice; \r\n \r\n(b) entitled to hold appointment in his field in any public or private health care \r\nestablishment; \r\n \r\n(c) registered AHP having basic qualification and valid registration shall be entitled \r\nto take admission in higher qualification courses; and \r\n \r\n(d) eligible to become a member of the Council under this Act. \r\n \r\n18. Institutions to furnish information required by the Council.— Every institution which \r\ntrains or grants or both any recognized basic or higher qualification for AHP, or applies for the \r\nrecognition of any basic or higher qualification shall furnish to the Council such information as it may \r\nfrom time to time, require for its recognition. \r\n \r\n19. Inspection of institution .— (1) The Council shall in the prescribed manner inspect the \r\ninstitution which grants or trains or both for basic qualifications and institutions not affiliated with a \r\nuniversity which grants or trains or both for higher qualifications for AHP in Pakistan for the purpose \r\nof granting recognition. \r\n \r\n(2) The Council shall provide assistance to the universities or the Higher Education \r\nCommission to inspect institutions affiliated with a university which grants or trains or both for higher \r\nqualifications in AHP in Pakistan for purposes of ensuring the standards and scope of study prescribed \r\nby the Council are being maintained by such institutions. \r\n \r\n(3) Every institution inspected by the Council shall have the right to defend the inspection \r\nreport before the Council prior to it being approved by the Council or the advisory committee if so \r\nauthorized by the Council. \r\n \r\n20. Maintenance of the register.— The Council shall, for the purpose of registration of AHP \r\nmaintain a register in which shall be entered such particulars related to the persons registered and \r\nlicensed as may be prescribed under this Act. \r\n21. Procedure for registration. — (1) Any person possessing a recognized basic or higher \r\nqualification and has either qualified the relevant licensing exam or holds a license in a foreign country \r\nrecognized by the Council and who is not disqualified for registration under this Act may make an \r\n \r\nPage 13 of 19 \r\n \r\napplication to the council accompanied with the prescribed fee, for registration of his name in the \r\nregister and the Council shall register such person within thirty days of having applied for registration. \r\n \r\n(2) No application under sub-section (1) shall be rejected except after giving the applicant an \r\nopportunity of being heard. \r\n \r\n22. Removal of name from the register.— (1) The Council may, if it is satisfied that a person \r\nhas, after registration, become disqualified for such registration, remove the name of such person from \r\nthe register and thereupon such person shall cease to be registered or suspend their license to practice \r\npermanently or for a specified period of time: \r\n \r\nProvided that no name shall be removed from the register or license suspended except after \r\ngiving the person likely to be affected an opportunity of being heard. \r\n \r\n(2) The council may, at any time for the reasons to be recorded in writing, restore the license \r\nand in the register the name of any person who has been removed from there under sub-section (1). \r\n \r\n(3) The Council may exercise same power as vested in the civil court under the Code of Civil \r\nProcedure, 1908 (Act V of 1908), in respect of the following matters:— \r\n(a) summoning and enforcing the attendance of any person and examining him on \r\noath; \r\n(b) compelling the production of documents; \r\n(c) receiving evidence on affidavits; and \r\n(d) issuing commission for the examination of witnesses. \r\n23. Disqualification for registration.— (1) A person shall be qualified for registration in the \r\nregister, if he: \r\n \r\n(a) has been convicted of any offense under this Act or any other offense which in \r\nthe opinion of Council implies a defect of character; or \r\n(b) has pursuant to an inquiry held by the Council in which the person was given a \r\nreasonable opportunity of being heard, been found guilty of such conduct as is \r\nconsidered derogatory to his profession in accordance with the rules made under \r\nthis Act. \r\n24. Prohibition of employment of and practice by un-registered AHP.— (1) No health care \r\nestablishment or part of it that is maintained or run or aided by a public or private organization or \r\nauthority or local or international non -Governmental organization or any other such authority shall \r\nemploy th erein any person as an AHP according to his category unless he is registered with the \r\nCouncil. \r\n(1) No person may carry out any allied health functions or practice in any discipline defined \r\nunder this act as an Allied Health discipline unless licensed and registered by the Council. \r\n \r\n \r\n \r\n \r\nPage 14 of 19 \r\n \r\n25. Penalty for offenses .— (1) A person shall be punishable with imprisonment of either \r\ndescription for a term which may extend to three year or with a fine which may extend to one million \r\nrupees or with both, if: \r\n(a) one procures or attempts to procure the registration of one’s name in the register \r\nor abets the procurement of such registration of any name by asking or abetting \r\nin any manner whatsoever, false or fraudulent statement, representation or \r\ndeclaration; or \r\n \r\n(b) one, not being registered in the register, represents that one is so registered, or \r\nuses with one’s name any title or any word or letter representing or claimed to \r\nrepresent that one is so registered; or \r\n \r\n(c) one serves as AHP according to his category in contravention of any regulations \r\nmade under this Act. \r\n \r\n(2) A health care establishment or an institution shall be punishable with a fine of not less than \r\ntwo million rupees and which may extend to five million rupees and the chief executive of the \r\nestablishment or institution shall be punishable with imprisonment of either description for a term \r\nwhich may extend to one year or with a fine of not less than one million rupees which may extend to \r\nthree million rupees or with both, if; \r\n \r\n(a) it employs an unregistered allied health professional; or \r\n \r\n(b) an Allied Health Professional is working in a capacity other than the one he is \r\nregistered for; or \r\n \r\n(c) the institution misrepresents itself to be recognized by the Council to grant or \r\ntrain or both an AHP qualification. \r\n(3) If the complaint submitted by a person is determined to be false to the knowledge of the \r\ncomplainant, such complainant shall be punishable with imprisonment of either description for a term \r\nwhich may extend to three months or with a fine which may extend to one million rupees or with both. \r\n \r\n(4) Whoever obstructs an inspection made by an inspector in exercise of any power conferred \r\nupon him by or under this Act, shall be punishable with imprisonment for a term which may extend to \r\nsix months or a fine which may extend to fifty thousand Rupees or with both. \r\n \r\n26. Appeal.— (1) An appeal against a decision of an officer of the Council may be made, by \r\nany person, licensed AHP, institution, health care establishment or an employee of the Council, to the \r\nCouncil within thirty days from the date of communication of the decision in the prescribed manner \r\nand shall be heard and decided by the Council within ninety days of its institution. \r\n(2) An appeal against a decision or order of the Council may be made, by any person, licensed \r\nAHP, institution, health care establishment or an employee of the Council, to the Pakistan Medical \r\nTribunal within thirty days from the date of communication of the decision or order in the prescribed \r\nmanner and shall be heard and decided by the Tribunal within six months of its institution. \r\n27. Cognizance by court .— Save as provided in this Act, no court other than the Pakistan \r\nMedical Tribunal may assume jurisdiction under this Act. \r\n \r\n \r\nPage 15 of 19 \r\n \r\n28. Complaints.— (1) The Council shall exc lusively inquire into and adjudicate upon and \r\ndecide complaints relating to registered and licensed individuals and recognized institutions and \r\nimpose penalties of suspension or cancellation of registration, license or recognition and fines in the \r\nprescribed manner: \r\n \r\nProvided all cognizable offences shall be triable exclusively by the Pakistan Medical Tribunal. \r\n \r\n(2) Notwithstanding sub-section (1), a person may institute a claim for damages before the \r\nPakistan Medical Tribunal arising out of negligence, ma lpractice, maladministration or failure in \r\nprovision of authorized healthcare services by an AHP or a recognized institution subsequent to a \r\nfinding by the Council on a complaint under sub-section (1). \r\n \r\n29. Procedure of inquiry.— (1) The Council may on a complaint, information received or of \r\nits own motion on a report by its officers conduct an inquiry in to the actions of any registered and \r\nlicensed AHP or recognized institution, in the prescribed manner. \r\n(2) The inquiry report s hall be provided to the AHP or institution providing them with an \r\nopportunity to raise objections and prior to its approval by the Council. \r\n(3) The Council shall not entertain an anonymous or pseudonymous complaint against any \r\nAHP or healthcare establishment registered under this Act. \r\n \r\n30. Directions as to apparatus, appliance, equipment or products.— Where, in the opinion \r\nof the Council the use of any apparatus, appliances, equipment, instrument, product, goods or item or \r\ncarrying out of any practice or procedure in an institution is dangerous or detrimental to any person \r\ntherein or otherwise unsuitable for the purpose for which it is used or carried out, the Council shall \r\nimmediately declare the same to be unsuitable for use by an AHP and any recognized institution and \r\nshall provide the declaration to the relevant healthcare institutions provincial regulatory authority. \r\n \r\n31. Action done in good faith .— No suit or other legal proceedings shell lie against the \r\nCouncil, advisory committee, officers, servants , inspectors, inspection teams or office holders of the \r\nCouncil for anything done in good faith or in the execution or purported execution of this Act, rules \r\nor regulations made thereunder. \r\n \r\n32. The Fund .— (1) There shall be established a fund to be known as the Allied Health \r\nProfessionals Council Fund, which shall vest in the Council and shall be utilized by the Council to \r\nmeet charges and expenses in connection with the affairs of the Council. \r\n \r\n(2) The Fund shall consist of:- \r\n(a) initial grant by the Federal Government of rupees fifty million by way of seed \r\nmoney; \r\n(b) grants and grants in aid provided by the Federal or Provincial Governments; \r\n(c) donations from domestic and international donor agencies and other \r\ninstitutions; \r\n(d) money and sums borrowed or raised by the Council for the purposes of meeting \r\nany of its obligations or discharging any of its duties; \r\n(e) fees, penalties, fines or other charges imposed under this Act; and \r\n \r\nPage 16 of 19 \r\n \r\n(f) all other sums which may in any manner become payable to or vested i n the \r\nCouncil in respect of any matter incidental to the exercise of its functions and \r\npowers. \r\n33. Bank accounts.—The Council may open and maintain accounts in rupees or in any foreign \r\ncurrency, at such scheduled banks as it may from time to time determine in accordance with the \r\nrelevant law for the time being in force. \r\n \r\n34. Annual report, accounts and audit .—(1) Within ninety days from the end of each \r\nfinancial year, the Council shall cause a report to be prepared on the activities of the Council including \r\ninquiries made by the Council during that financial year and submit to the Federal Government and \r\nmake it available to the public. \r\n \r\n(2) The Council shall cause the statement of accounts to be audited by third party auditors, \r\nappointed by the Council, who shall be a firm of registered chartered accountants. \r\n \r\n(3) The accounts of the Council shall be maintained and audited in the prescribed manner and \r\nbe audited by the Auditor General of Pakistan in respect of public grants and funds provided to the \r\nCouncil. \r\n \r\n35. Investments.—(1) Subject to sub-section (2), the Council may, insofar as its moneys are \r\nnot required to be expended under this Act, invest the surplus moneys in such manner as may be \r\nprescribed. \r\n \r\n(2) The Council shall not invest its money in listed securities or any derivative thereof whether \r\nlisted or not. \r\n \r\n36. Consultants, advisors, etc.—To carry out the purposes of this Act, the Council may, from \r\ntime to time, engage such experts, consultants, consultancy firms, advisers and other officers and staff \r\nmembers on such terms and conditions as it may prescribe. \r\n \r\n37. Executive authorities to assist the Council .—All executive authorities and law \r\nenforcement agencies of the Federal Government shall act in aid of the Council. \r\n \r\n38. Power to make rules .—(1) The Federal Government may, by notification in the official \r\nGazette, make rules for giving effect to the provisions of this Act. \r\n \r\n(2) The power to make rules conferred by this section shall be subject to the condition of \r\nprevious publication and, before ma king any rule, the draft thereof shall be published in the official \r\nGazette for eliciting public opinion thereon within a period of not less than fifteen days from the date \r\nof publication. \r\n \r\n39. Regulations.—(1) The Council may make regulations for giving e ffect to the provisions \r\nof this Act and shall make regulations for the following purposes, namely:— \r\n(a) the management of the property of the Council, its maintenance and audit of its \r\naccounts; \r\n \r\n(b) summoning and holding of meetings of the Council and plac es where such \r\nmeetings are to be held, the conduct of business thereof; \r\n \r\n \r\nPage 17 of 19 \r\n \r\n(c) the powers and duties of the advisory committees; \r\n \r\n(d) the mode of appointment of the members of the advisory committees, the \r\nsummoning and holding of meetings thereof for conduct of business of such \r\ncommittees; \r\n \r\n(e) the appointment, powers, duties and procedure of subcommittees and \r\ninspection teams; \r\n(f) the procedure for maintenance, compilation and publication of the register, \r\ngrant of licenses, list of institutes registered under the council and their \r\nminimum requirement and the fees to be charged for registration and licensing; \r\n(g) the procedure for any adjudication, Inquiry and investigation under section 28 \r\nand 29; \r\n(h) prescribing a minimum standard of grant, renewal, susp ension or cancellation \r\nof registration of an institution; \r\n \r\n(i) prescribing a code of conduct including minimum standard of patient and health \r\nstaff safety for AHP’s; and \r\n(j) prescribing a minimum standard of quality assurance by an AHP and an \r\ninstitution and a healthcare establishment. \r\n40. Removal of difficulties.— If any difficulty arises in giving effect to any provision of this \r\nAct, the Federal Government may make such order not inconsistent with the provisions of this Act as \r\nmay appear to it to be necessary for the purpose of removing such difficulty. \r\n \r\n41. Overriding effect.— Notwithstanding anything to the contrary contained in any other law, \r\nthe provisions of this Act shall have an overriding effect and the provisions of any such law to the \r\nextent of inconsistency to this Act shall cease to have effect. \r\n \r\n______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 18 of 19 \r\n \r\nSCHEDULE-I \r\n(see sections 2(a), 10, 17 and 25) \r\n \r\nList of disciplines categorized as allied health professionals \r\n \r\n1. Anesthesia Technology \r\n \r\n2. Blood Banking Technology \r\n \r\n3. Medical Laboratory Technology \r\n \r\na. Histopathology \r\n \r\nb. Cytopathology \r\n \r\nc. Haematology \r\n \r\nd. Clinical chemistry and biochemistry \r\n \r\ne. Medical microbiology \r\n \r\nf. Medical Virology \r\n \r\ng. Medical molecular biology \r\n \r\n4. Surgical Technology, including operating room Technology \r\n \r\n5. Cardiac care Technology including cardiac surgery, perfusion technology etc. \r\n \r\n6. Dental Technology \r\n \r\n7. Renal and Dialysis Technology \r\n \r\n8. Aesthetics and skin care Technology \r\n \r\n9. Endoscopy Technology \r\n \r\n10. Audiology and Speech Technology \r\n \r\n11. Medical Informatics \r\n \r\n12. Optometry and Refraction Technology \r\n \r\n13. Physiotherapy, including Orthotics and Prosthetics, rehabilitation \r\n \r\n14. Occupational and speech Therapy \r\n15. Public Health Technology \r\n \r\n16. Radiography & Imaging Technology \r\n \r\nPage 19 of 19 \r\n \r\n17. Radiotherapy Technology \r\n \r\n18. Respiratory Therapy including pulmonary function testing \r\n \r\n19. Nuclear Medicine Technology \r\n \r\n20. EKG Technology \r\n \r\n21. EEG Technology; \r\n \r\n22. Nutrition \r\n \r\n23. Podiatric medicine \r\n \r\n24. Psychology and counseling \r\n \r\n25. 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