Health Professions [No.

17 of 2024 231

THE HEALTH PROFESSIONS ACT, 2024

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation

PART II
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA
3. Continuation of Health Professions Council of Zambia
4. Functions of Council
5. Constitution of Board
6. Functions of Board
7. Registrar, Secretary and other staff

PART III
REGISTRATION OF HEALTH PRACTITIONERS
8. Prohibition of practising without registration
9. Application for provisional registration certificate
10. Temporary registration
11. Application for full certificate of registration
12. Specialist registration
13. Registration for limited period
14. Determination of application for registration as health practitioner
15. Disqualification from registration as health practitioner
16. Change of particulars
17. Suspension or cancellation of registration
18. Re-registration
19. Prohibition of practise without practising certificate
20. Practising certificate
21. Display of practising certificate
22. Renewal of practising certificate
23. Suspension or cancellation of practising certificate
Single copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K100.00 each
 232 No. 17 of 2024] Health Professions

24. Maintenance of non-practising health practitioner on register

25. Prohibition of transfer of certificate of registration or practising certificate
26. Duplicate practising certificate or certificate of registration
27. Surrender of cancelled certificate of registration or practising certificate
28. Offences regarding registered health practitioners

PART IV
LICENSURE EXAMINATION
29. Administration of licensure examination
30. Application for licensure examination

PART V
CONTINUOUS PROFESSIONAL DEVELOPMENT PROGRAMME
31. Application for approval as continuous professional development provider
32. Renewal of certificate of approval for continuous professional development
provider
33. Variation of certificate of approval
34. Surrender of certificate of approval
35. Transfer of certificate of approval
36. Suspension or cancellation of certificate of approval
37. Continuous profession development

PART VI
LICENSING OF HEALTH FACILITIES
38. Prohibition of operating health facility without licence
39. Classes and levels of health facilities
40. Application for licence to operate health facility
41. Grant of licence
42. Rejection of application
43. Display of licence
44. Variation of licence
45. Surrender of licence
46. Transfer of licence
47. Renewal of licence
48. Suspension or revocation of licence
49. Immediate closure of health facility
50. Prohibition of treatment or diagnosis without registered health practitioner
 Health Professions [No. 17 of 2024 233
51. Publication of licensed health facility
52. Offences relating to health facility

PART VII
ACCREDITATION OF HEALTH CARE SERVICES
53. Prohibition of offering health care service without accreditation
54. Application for accreditation of health care service
55. Display of certificate of accreditation
56. Renewal of accreditation
57. Suspension or revocation of accreditation

PART VIII
INTERNSHIP SITES
58. Prohibition from offering internship without internship site certificate
59. Application for internship site certificate
60. Renewal of internship site certificate
61. Variation of internship site certificate
62. Surrender of internship site certificate
63. Transfer of internship site certificate
64. Suspension or cancellation of internship site certificate

PART IX
DISCIPLINARY MATTERS
65. Code of Ethics
66. Professional misconduct
67. Initiation of disciplinary action
68. Professional Conduct Committee
69. Reference of matters to Professional Conduct Committee
70. Functions of Professional Conduct Committee
71. Proceedings of Professional Conduct Committee
72. Sanctions for professional misconduct by Professional Conduct Committee
73. Disciplinary Committee
74. Functions of Disciplinary Committee
75. Proceedings of Disciplinary Committee
76. Powers of Disciplinary Committee
77. Sanctions for professional misconduct by Disciplinary Committee
 234 No. 17 of 2024] Health Professions

78. Reports by Disciplinary Committee

79. Rules relating to disciplinary proceedings

PART X
INSPECTORATE
80. Inspectorate
81. Power of entry, search and inspection
82. Report of inspection
83. Code of conduct for inspector

PART XI
GENERAL PROVISIONS
84. Appeals
85. Registers
86. Publication of copies of register
87. Jurisdiction over acts committed outside the Republic
88. Offence by body corporate or unincorporated body
89. General penalty
90. Administrative penalty
91. Guidelines
92. No execution on property of Council
93. Regulations
94. Repeal of Act No. 24 of 2009 and savings and transitional provisions
SCHEDULES
 Health Professions [No. 17 of 2024 235

GOVERNMENT OF ZAMBIA

ACT
No. 17 of 2024

Date of Assent: 20th December, 2024

An Act to continue the existence of the Health Professions

Council of Zambia and re-define its functions; re-
constitute the Board of the Health Professions Council of
Zambia and re-define its functions; regulate health
professionals, health facilities and health care services
and internship sites; provide for the administration of
licensure examinations; approve curriculum for health
learning programmes for purposes of accreditation by the
Higher Education Authority; provide for the approval of
internship sites for health practitioners; repeal and replace
the Health Professions Act, 2009; and provide for matters
connected with, or incidental, to the foregoing.
[ 26th December, 2024
ENACTED by the Parliament of Zambia. Enactment

PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Health Professions Act, 2024. Short title
2. In this Act, unless the context otherwise requires— Interpreta-
tion
“accreditation” means a process of assessing the quality of a
service to ensure that the service meets the required
standard;
“approved supervisor” means a health practitioner fully
registered for at least three years, of the same community
of practice with the supervised person;
 236 No. 17 of 2024] Health Professions
Act No. 3 of “associate” has the meaning assigned to the word in the Anti-
2012
Corruption Act, 2012;
“Board” means the Board of the Council constituted under
section 5;
“certificate of accreditation” means a certificate issued under
section 54 to provide health care service;
“certificate of approval” means a certificate issued to a
continuous professional development programme provider
under Part V;
“certificate of registration” means a provisional registration,
temporary registration, full registration, specialist registration
and limited registration issued at the relevant provisions of
this Act;
“Chairperson” means the person appointed as Chairperson
under section 5;
“Code of Ethics” means the code of professional conduct
adopted and published by the Council under section 65;
“community of practice” means a group of health practitioners
who share a common interest or expertise, within a specified
field of practice regardless of the differences in the scope
of practice;
“Council” means the Health Professions Council of Zambia
continued under section 3;
“Disciplinary Committee” means the Disciplinary Committee
constituted under section 73;
“emergency medical care” means the rescue evaluation,
treatment and care of an illness or injured person in an
emergency situation and the continuation of treatment and
care during the transportation of that person to, or between,
health facilities;
“Emoluments Commission” means the Emoluments Commission
Cap. 1 established by the Constitution;
“financial year” means a period from 1st January to 31st
December in each year;
“health care service” means a service provided by a health
practitioner or health facility for the prevention, diagnosis,
treatment and management of an illness and the preservation
of mental and physical wellbeing and includes the provision
of telemedicine, emergency medical care and medical
services outside a health facility;
 Health Professions [No. 17 of 2024 237

“health facility” means a site, fixed or mobile, that provides

services for the prevention, diagnosis and treatment of
disease or illness and includes a diagnostic centre, a hospice
and a hospital;
“health practitioner” means a person registered as a health
practitioner under section 9;
“health profession” means a profession as may be prescribed
whose membership is required to be rgistered under thisAct;
“health professional” means a health practitioner, a trainee
and a graduate of a health learning programme;
“higher education”has the meaning assigned to the words in
the Higher Education Act, 2013; Act No. 4 of
2013
“Higher Education Authority has the meaning assigned to the
words in the Higher Education Act, 2013; Act No. 4 of
2013
“higher education institution” has the meaning assigned to
the words in the Higher Education Act, 2013; Act No. 4 of
2013
“hospice” means a place where a sick or terminally ill person
receives medical, nursing, nutritional, psychological and
spiritual care;
“hospital” means a health institution providing in patient health
care service under the supervision of a medical doctor,
which includes the provision of the following health services:
(a) medicine;
(b) surgery;
(c) obstetrics and gynecology; or
(d) pediatrics;
“imminent harm” includes—
(a) improper stocking or dispensing of expired drugs;
(b) engaging unlicensed practitioners;
(c) stocking or using expired reagents;
(d) offering health care services beyond licensed scope;
or
(e) any other circumstance as the Council may consider
necessary;
“inspector” means a person appointed as an inspector under
section 80;
“internship” means a period of supervised practice for a health
practitioner registered on provisional or temporary
registration undertaken at an approved internship site;
 238 No. 17 of 2024] Health Professions

“internship site” means a health facility that offers internship;

“internship site certificate”means a certificate issued under
section 59 to offer internship training for health practitioners;
“learning programme” has the meaning assigned to the words
Act No. 4 of in the Higher Education Act, 2013, and includes internship
2013
and continuing professional development;
“legally disqualified” means the absence of legal capacity as
Act No. 6 of provided under section 4 of the Mental Health Act, 2019;
2019
“licence” means a licence issued by the Council under section
41;
“licensure examinations” means examinations administered
by the Council under section 29;
“peer” means a member of the same health profession with
similar specialisation and an equivalent number of years of
practice;
Cap. 295 “premises” has the meaning assigned to the word in the Public
Health Act;
“practising certificate” means a certificate issued to a health
practitioner under section 20;
“quality assurance information” means information from a
medical record showing the nature of diagnosis and
treatment given to a patient, without identifying the patient;
“register” means the register referred to under section 85;
“Registrar” means the person appointed as Registrar under
section 7;
Act No. 3 of “relative” has the meaning assigned to the word in the Anti-
2012
Corruption Act, 2012;
Act No. 24 of “repealed Act” means the Health Professions Act, 2009,
2009 repealed under section 94;
“specialist” means a person registered as a specialist under
section 12;
“scope of practice” means the limit of practice within which
a health practitioner is allowed to perform and the conditions
under which the health practitioner is allowed to practice;
“trainee” means a person receiving knowledge, skill or
competence in a health learning programme and is required
to interact with patients or patients’ samples; and
“Zambia Qualifications Authority” has the meaning assigned
Act No. 13 to the words in the Zambia Qualifications Authority Act,
of 2011 2011.
 Health Professions [No. 17 of 2024 239

PART II
THE HEALTH PROFESSIONS COUNCIL OF ZAMBIA
3. The Health Professions Council of Zambia established under Continuation
the repealed Act is continued as if established under this Act as a of
Health
body corporate with perpetual succession and a common seal,
Professions
capable of suing and being sued in its corporate name and with Council of
power, subject to the provisions of this Act, to do all acts and things Zambia
that a body corporate may, by law, do or perform.
4. (1) The functions of the Council are to— Functions of
Council
(a) register health professionals;
(b) regulate the professional practice and conduct of health
professionals;
(c) maintain appropriate practice standards among health
professionals that are consistent with the principle of
self-regulation and the promotion of high standards of
public health;
(d) approve curriculum for health learning programmes as
prescribed for purposes of accreditation by the Higher
Education Authority;
(e) administer licensure examinations;
(f) promote the integrity, and enhance the status, of the health
profession;
(g) licence public and private health facilities;
(h) monitor the quality of health care services;
(i) represent, coordinate and develop the health profession
and promote its interests;
(j)develop, promote and enforce internationally comparable
practice standards in the Republic;
(k) investigate, hear and determine allegations of professional
misconduct and impose sanctions as may be necessary;
(l) protect and safeguard the public in all matters relating to
the practice of the health profession;
(m) approve internship sites and continuous professional
development programmes for health practitioners;
(n) provide continuous professional development to health
practitioners;
(o) accredit health care services;
(p) promote public awareness in matters relating to the health
profession;
 240 No. 17 of 2024] Health Professions
(q) promote awareness among health practitioners in matters
relating to the education, practice and regulation of the
health profession;
(r) collaborate with higher education institutions, Government
departments and other institutions to improve the quality
of the health profession; and
(s) advise the Minister on matters relating to the health
profession.
(2) The Council may determine—
(a) the fees payable for an inspection conducted or other
services rendered for the purposes of this Act; and
(b) what portion of any fee is payable in respect of any part
of a year and the date on which the fee or portion of the
fee is payable.
Constitution 5. (1) There is constituted the Board of the Council consisting
of of the following part-time members appointed by the Minister:
Board
(a) a representative of the Ministry responsible for health;
(b) a representative of the Attorney-General;
(c) a representative of theZambia Medical Association;
(d) a representative of the Zambia Medicines Regulatory
Authority;
(e) a dean of a faculty training health professionals at a
recongnised higher education institution;
(f) a representative of the Churches Health Association of
Zambia;
(g) a representative of the Pharmaceutical Society of Zambia;
(h) one member of the public who is distinguished in the service
of the health profession; and
(i) one member of the private sector association who is
distinguished in the service of the health profession.
(2) The Ministry, institutions and organisations referred to in
subsection (1)(a) to (g) shall nominate their representatives for
appointment by the Minister.
(3) The Minister shall appoint the Chairperson of the Board
from among the members.
(4) The members shall elect the Vice-Chairperson from among
themselves.
(5) A person shall not be nominated or appointed as a member
of the Board if that person—
(a) is an undischarged bankrupt;
(b) has been convicted of an offence involving fraud or
dishonesty under any written law;
 Health Professions [No. 17 of 2024 241
(c) has been convicted of an offence under this Act or any
other written law and sentenced to imprisonment for a
term exceeding six months without an option of a fine;
(d) has been found guilty of professional misconduct;
(e) is legally disqualified; or
(f)is an employee of the Council.
(6) The First Schedule applies to the Board.
6. (1) Subject to the other provisions of this Act, the Board Functions of
shall perform the functions of the Council and provide strategic Board
policy direction to the Council.
(2) Despite the generality of subsection (1), the functions of
the Board are to—
(a) approve the policies, programmes and strategies of the
Council;
(b) approve the annual budget estimates and financial
statements of the Council;
(c) approve the annual workplan, action plans and activity
reports of the Council;
(d) monitor and evaluate the performance of the Council
against budgets and plans;
(e) promote the effective corporate governance of the Council;
and
(f) advise the Minister on matters relating to the health
profession.
(3) The Minister may give the Board general or specific
directions relating to the performance of its functions and the Board
shall give effect to theose directions to the extent that the directions
are not inconsistent with this Act.
(4) The Minister may enter into specific performance contracts
with the Board for a specific period which shall be consistent with
the provisions of this Act.
7. (1) The Board shall appoint a Registrar who shall be— Registrar,
Secretary and
(a) the chief executive officer of the Council; and
other staff
(b) responsible for the day-to-day administration of the Council
under the direction of the Board.
(2) A person qualifies for appointment as Registrar if that
person—
(a) is a health practitioner who has not previously been found
guilty of professional misconduct;
(b) holds a bachelor’s degree or an equivalent qualification in
health sciences which is recognised and validated by
the Zambia Qualifications Authority Act, 2011; Act No. 13 of
2011
 242 No. 17 of 2024] Health Professions

(c) holds a postgraduate degree or an equivalent qualification

which is recognised and validated by the Zambia
Qualifications Authority;
(d) has at least five years relevant experience at senior
management level;
(e) is of good character and good professional standing; and
(f)has not been convicted of an offence and sentenced to
imprisonment for a term exceeding six months without
the option of a fine.
(3) The Board shall appoint a Secretary who shall perform
Board secretarial functions.
(4) The Board shall appoint other staff of the Council that the
Board considers necessary for the performance of the Council’s
functions.
(5) The Emoluments Commission shall, on the recommendation
of the Board, determine the emoluments of the Registrar, Secretary
and other staff of the Council.
(6) The Board shall determine conditions of service, other than
emoluments of the Registrar, Secretary and other staff of the
Council.
(7) The Board shall consult the Minister before making a
recommmendation under subsection (5) and (6).

PART III
REGISTRATION OF HEALTH PRACTITIONERS
Prohibition 8. (1) A person shall not practice as a health practitioner, unless
of that person is registered as a health practitioner in accordance
practising with this Act.
without
registration (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.
Application 9. (1) A person who intends to be registered as a health
for practitioner shall apply to the Council for a provisional registration
provisional certificate in a prescribed manner and form on payment of a
registration
prescribed fee.
certificate
(2) Subject to the provisions of this Act, the Council shall, within
thirty days of receipt of an application under subsection (1), grant
or reject the application.
(3) The Council shall, where the Council grants an application
under subsection (2), issue the applicant with a provisional
registration certificate if the applicant meets the requirements for
provisional registration as prescribed.
 Health Professions [No. of 2024 243

(4) The Council shall, where the Council rejects an application

under subsection (3), inform the applicant, in a prescribed manner
and form, stating the reasons for the rejection.
(5) A person holding a provisional certificate of registration
may engage in practice under the supervision of an approved
supervisor.
(6) A provisional certificate of registration issued under
subsection (3) shall be valid for two years.
(7) Despite subsection (6), a person who intends to renew
that person’s provisional certificate of registration may apply to the
Council for renewal in a prescribed manner and form on payment
of a prescribed fee.
(8) The Council may, on receipt of an application referred to
under subsection (7), renew the provisional certificate of registration
on terms and conditions that the Council may determine.
(9) The Minister may, by statutory instrument, on the
recommendation of the Council, make Regulations to regulate the
scope of practice of holders of provisional certificates of registration.
10. (1) A person shall apply to the Council for temporary Temporary
registration in the prescribed manner and form on payment of a registration
prescribed fee if that person—
(a) intends to practice as a practitioner in the Republic for a
period exceeding six months; and
(b) is registered as a health practitioner and is practising as a
health practitioner outside the Republic.
(2) The Council shall, within thirty days of receipt of the
application under subsection (1), grant or reject the application.
(3) The Council shall, on receipt of an application referred to
under subsection (1), issue the applicant with a temporary certificate
of registration if the applicant, in addition to the requirements under
section 14—
(a) has passed the prescribed assessment as approved by the
Council; and
(b) where applicable, provides a certificate of good standing
from the relevant health professional body where the
applicant previously practiced.
(4) The Council shall, where the Council rejects an application
referred to under subsection (1), inform the applicant in a prescribed
manner and form stating the reasons for the rejection.
 244 No. 17 of 2024] Health Professions
(5) A person holding a temporary certificate of registration
may engage in practice under the supervision of an approved
supervisor.
(6) A temporary certificate of registration issued under
subsection (3) shall be valid for a period of two years.
(7) Despite subsection (6), a person who intends to renew
that person’s temporary certificate of registration may apply to the
Council in a prescribed manner and form on payment of a prescribed
fee.
(8) The Council may, on receipt of an application referred to
under subsection (7), renew the temporary certificate of registration
on terms and conditions as the Council may determine.
Application 11. (1) A holder of a provisional certificate of registration or
for full a temporary certificate of registration may, on the expiration of the
certificate of provisional or temporary certificate of registration, apply to the
registration
Council for full registration in a prescribed manner and form on
payment of a prescribed fee.
(2) The Council shall, within thirty days of receipt of an
application under subsection (1), grant or reject the application.
(3) The Council shall, where the Council grants an application
under subsection (2), issue the applicant with a full certificate of
registration which shall have an unlimited period of validity, unless
suspended or cancelled under this Act.
(4) The Council shall, where it rejects an application under
subsection (2), inform the applicant in the prescribed manner and
form stating the reasons for the rejection.
(5) The Council may determine different fees for different
categories or classes of health practitioners.
(6) The Minister may, by statutory instrument, on the
recommendation of the Council, make Regulations to regulate the
scope of practice of holders of full certificates of registration.
Specialist 12. (1) A health practitioner who intends to be registered as a
registration specialist shall apply to the Council for registration in a prescribed
manner and form on payment of a prescribed fee.
(2) The Council shall, within thirty days of receipt of an
application under subsection (1), grant or reject the application.
(3) The Council shall, where the Council grants an application
under subsection (2), register and issue a certificate of registration
to a health practitioner as a specialist, if the health practitioner
meets the requirements as prescribed.
 Health Professions [No. 17 of 2024 245

(4) The Council shall, where the Council rejects an application

under subsection (2), inform the applicant in a prescribed manner
and form, stating the reasons for the rejection.
(5) The Minister may, by statutory instrument, on the
recommendation of the Council, make Regulations to regulate the
scope of practice of a holder of a specialist certificate of registration.
13. (1) The Council may, at the request of a health facility Registration
licensed under this Act, register a health practitioner who is qualified for limited
period
in another country to provide health care services in the Republic
for a limited period of time at that health facility.
(2) The Council shall register a health practitioner referred to
under subsection (1), for a limited period if the health practitioner —
(a) holds an equivalent registration in the health practitioner’s
country of origin; and
(b) is in good standing with a relevant professional body from
the health practitioner’s country of origin.
(3) The Council may specify the terms and conditions relating
to the registration under this section, including the acts to be
performed, or the nature of supervision required, by the health
practitioner.
(4) A certificate of registration issued to a health practitioner
under this section shall be valid for a period of six months.
(5) The Council may, on the application of a health facility,
renew the registration of a health practitioner on terms and
conditions that the Council may determine.
(6) For the purposes of this section, health care services
includes training of health professionals.
14. The Council shall, in considering an application made under Determination
sections 9, 10, 11, 12 and 13, be satisfied that the applicant— of application
for
(a) possesses knowledge, training and experience as registration as
prescribed; health
practitioner
(b) holds a qualification recognised and validated by the
Zambia Qualifications Authority;
(c) is a citizen or is resident in the Republic;
(d) is of good character and good professional standing; and
(e) meets other requirements that the Minister may, on the
recommendation of the Council, prescribe by statutory
instrument.
 246 No. 17 of 2024] Health Professions

Disqualification 15. A person shall not qualify for registration as a health

from practitioner if that person is—
registration as
health
(a) convicted of an offence involving fraud or dishonesty under
practitioner this Act or any other written law in the preceding five
years prior to the registration;
(b) legally disqualified;
(c) an undischarged bankrupt; or
(d) found guilty of professional misconduct by the Disciplinary
Committee and the Disciplinary Committee orders the
cancellation of the certificate of registration of that
health practitioner.
Change of 16. A health practitioner registered under this Act shall notify
particulars the Registrar of any change in the particulars relating to the
registration, within seven days of the change.
Suspension 17. (1) Subject to this Act, the Council shall suspend or cancel
or the registration of a health practitioner where—
cancellation
(a) the Council has reasonable grounds to believe that the
of
registration registration was obtained through fraud,
misrepresentation or concealment of any material fact;
(b) the health practitioner is found guilty of professional
misconduct under this Act or the Code of Ethics and the
Disciplinary Committee orders the suspension or
cancellation of the health practitioner’s certificate of
registration;
(c) the health practitioner is convicted of an offence under
this Act or any other written law and sentenced to
imprisonment for a term exceeding six months without
an option of a fine; or
(d) since the registration, circumstances have arisen
disqualifying the health practitioner from registration.
(2) The Council shall, before suspending or cancelling the
registration of a health practitioner under subsection (1), give the
health practitioner an opportunity to be heard.
(3) The Council may, before cancelling the registration of a
health practitioner, suspend the health practitioner for a period and
on terms and conditions that the Council may determine.
(4) Where the Council cancels the registration of a health
practitioner under this section, the name of the health practitioner
shall be removed from the register and shall not be restored, except
on conditions that may be prescribed and on payment of a prescribed
fee.
 Health Professions [No. 17 of 2024 247
18. Subject to section 17(4), where a certificate of registration Re-
is cancelled, the holder of the certificate of registration may apply registration
for re-registration.
19. (1) A person shall not practise as a health practitioner Prohibition
without a practising certificate issued by the Council under this of
Act. practise
without
(2) A person shall not offer employment to a person who does practising
not hold a valid practising certificate issued under this Act. certificate
(3) A person who contravenes this section commits an offence
and is liable, on conviction, to a fine not exceeding five hundred
thousand penalty units or to imprisonment for a term not exceeding
five years, or to both.
20. (1) A registered health practitioner shall apply to the Practising
Council for a practising certificate in the prescribed manner and certificate
form on payment of a prescribed fee.
(2) The Council shall, where the applicant meets the
requirements of this Act, within thirty days of the receipt of an
application under subsection (1), issue the applicant with a practising
certificate in the prescribed form.
(3) The Minister may, by statutory instrument, on the
recommendation of the Council, make Regulations to provide for—
(a) the terms and conditions for the issuance of a practising
certificate;
(b) the type of continuous professional development and
training and any other information required for the
issuance of a practising certificate; and
(c) any other matter necessary for the purposes of this section.
21. A holder of a practising certificate shall display the practising Display of
certificate in a conspicuous place at the place of practice. practising
certificate

22. (1) A practising certificate shall be renewed annually in Renewal of

the prescribed manner and form on payment of a prescribed fee. practising
certificate
(2) A practising certificate that is not renewed in accordance
with subsection (1) is void.
23. (1) Subject to this Act, the Council may suspend or cancel Suspension
a practising certificate if the holder of a practising certificate— or
cancellation
(a) obtained the practising certificate through fraud, of practising
misrepresentation or concealment of a material fact; certificate
(b) is an undischarged bankrupt;
 248 No. 17 of 2024] Health Professions

(c) is convicted of an offence under the Act or any other

written law and sentenced to imprisonment for a term
exceeding six months without an option of a fine;
(d) is found guilty of professional misconduct and the
Disciplinary Committee orders the suspension or
cancellation of the practising certificate; or
(e) becomes legally disqualified.
(2) The Council shall, before suspending or cancelling the
practising certificate of a health practitioner under this section, give
the health practitioner an opportunity to be heard.
(3) The Council may, before cancelling the practising certificate
of a health practitioner, suspend the health practitioner for a period
and on terms and conditions that the Council may determine.
(4) Where the certificate of registration is cancelled under
this Act, the practising certificate held by the health practitioner
shall be void and be surrendered to the Council.
Maintenance 24. The Council may, where the holder of a practising certificate
of non- does not intend to practice for a specified period of time, maintain
practising the name of the holder of the practising certificate on the register
health in a non- practising category, for that period of time.
practitioner
on register

Prohibition 25. A certificate of registration or practising certificate issued

of transfer under this Part is not transferable to a third party.
of certificate
of
registration
or practising
certificate

Duplicate 26. (1) A health practitioner whose practising certificate or

practising certificate of registration is destroyed or lost may apply to the
certificate or Registrar for a duplicate certificate in the prescribed manner and
certificate of form on payment of a prescribed fee.
registration
(2) The Registrar may, within fourteen days of receipt of an
application under subsection (1), issue a duplicate certificate of
registration or practising certificate to the health practitioner.
Surrender of 27. A health practitioner whose certificate of registration or
cancelled practising certificate is cancelled shall, within seven days of being
certificate of notified of the cancellation, surrender the certificate of registration
registration
or practising certificate to the Council.
or practising
certificate
 Health Professions [No. 17 of 2024 249

28. (1) A person shall not — Offences

regarding
(a) make or cause to be made, an unauthorised entry, alteration
registered
or erasure on a register, certificate of registration or health
practising certificate or on a certified copy of a register, practitioners
certificate of registration or practising certificate;
(b) impersonate or use the title of a registered health
practitioner while not registered as a health practitioner
under this Act;
(c) procure, or attempt to procure, registration under this Act,
by fraud, false representation or the concealment of a
material fact;
(d) falsify a certificate of registration or practising certificate
or other document issued under this Act; or
(e) undertake to provide health care services in excess of the
scope of practice prescribed for the registered health
practitioner.
(2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a term not
exceeding seven years, or to both.
PART IV
LICENSURE EXAMINATIONS
29. The Council shall administer a licensure examination to a Administration
person who applies for provisional registration prior to the issuance of
licensure
of a provisional certificate of registration to that person. examination
30. (1) A person who intends to sit for a licensure examination Application
shall apply to the Council, thirty days before the date of the licensure for
licensure
examinations, in the prescribed manner and form on payment of a examination
prescribed fee.
(2) The Council may, within thirty days of the receipt of an
application under subsection (1), approve or reject an application in
the prescribed manner and form.
(3) A person shall only be granted a provisional certificate of
registration in accordance with Part III of this Act if that person
has passed the licensure examination.
PART V
CONTINUOUS PROFESSIONAL DEVELOPMENT PROGRAMME
31. (1) A person who intends to offer a continuous professional Application
development programme for health practitioners shall apply to the for approval
Council for approval as a continuous professional development as continuous
provider in the prescribed manner and form on payment of a professional
development
prescribed fee. provider
 250 No. 17 of 2024] Health Professions

(2) The Council shall, within thirty days of the receipt of an

application under subsection (1), approve or reject the application.
(3) The Council shall, where an applicant meets the
requirements as prescribed, issue a certificate of approval in the
prescribed manner and form.
(4) The Council shall, where the Council rejects an application
under this section, notify the applicant in the prescribed manner
and form stating the reasons for the rejection.
Renewal of 32. (1) A certificate of approval shall be renewed annually in
certificate of the prescribed manner and form on payment of a prescribed fee.
approval for
continuous (2) The Council shall renew the certificate of approval if the
professional holder of a certificate of approval—
development
provider (a) complies with the prescribed requirements;
(b) has provided information that the Council may require as
a condition for the renewal of the certificate of approval;
and
(c) has paid the prescribed annual fees.
Variation of 33. A holder of a certificate of approval may, at any time during
certificate of the validity of the certificate of approval, apply to the Council for a
approval variation of the terms and conditions of the certificate of approval
in the prescribed manner and form on payment of a prescribed
fee.
Surrender of 34. A holder of a certificate of approval shall, where a holder
certificate of of a certificate of approval does not intend to continue to provide
approval the continuous professional development programme to which the
certificate of approval relates, surrender the certificate of approval
to the Council.
Transfer of 35. A certificate of approval issued under this Part shall not be
certificate of transferred to a third party without the prior approval of the Council.
approval

Suspension 36. (1) Subject to this Act, the Council may suspend or cancel
or a certificate of approval if the holder of the certificate of approval—
cancellation (a) obtained the certificate of approval through fraud,
of certificate
of approval misrepresentation or concealment of a material fact;
(b) fails to comply with the terms and conditions of the
certificate of approval;
(c) is an undischarged bankrupt;
(d) becomes legally disqualified from providing the continuous
professional development programme; or
 Health Professions [No. 17 of 2024 251

(e) has ceased to fulfil the eligibility requirements under this

Act.
(2) The Council shall, before suspending or cancelling the
certificate of approval in accordance with subsection (1), notify
the holder of the certificate of approval of the Council’s intention
to suspend or cancel the certificate of approval and shall —
(a) give reasons for the intended suspension or cancellation;
and
(b) require the holder to show cause, within a period of not
more than thirty days, why the certificate of approval
should not be suspended or cancelled.
(3) The Council shall not suspend or cancel a certificate of
approval under this section if the holder takes remedial measures
to the satisfaction of the Council within the period specified under
subsection (2).
(4) The Council shall, in making its final determination on the
suspension or cancellation of a certificate of approval, consider the
submissions made by the holder of a certificate of approval under
subsection (2).
(5) The Council may suspend or cancel a certificate of
approval if the holder after being notified under subsection (2) fails
to show cause or does not take any remedial measures, to the
satisfaction of the Council, within the time specified in that
subsection.
(6) The holder of a certificate of approval shall, where a
certificate of approval is cancelled in accordance with subsection
(5), surrender the certificate of approval to the Council.
(7) The Council shall, where it suspends or cancels a certificate
of approval under this section, publish the suspension or cancellation
in a manner that the Council may determine.
37. (1) The Minister may, by statutory instrument, on the Continuous
recommendation of the Council, make regulations to provide for professional
continuous professional development to be undertaken by a health development
practitioner.
(2) Despite the generality of subsection (1), the regulations
may provide for—
(a) the nature and extent of continuing professional
development to be undertaken by a health practitioner;
(b) the criteria for recognition by the Council of a continuous
professional development programme;
 252 No. 17 of 2024] Health Professions
(c) the minimum professional and technical training to be
provided by a holder of a certificate of approval; and
(d) the requisite infrastructure of a holder of a certificate of
approval, appropriate educational and training curriculum,
qualifications of faculty personnel, suitable training
equipment and staffing levels of health practitioners and
other personnel.
PART VI
LICENSING OF HEALTH FACILITIES
Prohibition 38. (1) A person shall not operate a health facility without a
of operating licence issued in accordance with this Part.
health
facility (2) A person who contravenes subsection (1) commits an
without offence and is liable, on conviction, to a fine not exceeding five
licence hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.
Classes and 39. The Minister shall, on the recommendation of the Council,
levels of prescribe classes and levels of health facilities and the scope of
health service and requirements for each class and level of a health facility.
facilities

Application 40. (1) A person who intends to operate a health facility shall
for apply to the Council for a licence in the prescribed manner and
licence to form on payment of a prescribed fee.
operate
health (2) The Council shall, within thirty days of the receipt of an
facility application under subsection (1), grant or reject the application.
(3) The Council shall, where the Council rejects an application
under this section, inform the applicant, in writing, stating the reasons
for the rejection.
(4) The Council shall inspect a health facility prior to the
issuance of a licence under this Part and at least every two years
thereafter.
Grant of 41. (1) The Council shall, where an application meets the
licence requirements of this Act, grant a licence to operate a health facility
in a prescribed manner and form.
(2) A licence shall be issued on terms and conditions that the
Council may determine.
(3) A licence granted under subsection (1) shall be valid for a
period of one financial year.
Rejection of 42. (1) The Council shall reject an application for a licence to
application operate a health facility if a—
(a) person in charge of the health facility is in violation of a
provision of this Act;
 Health Professions [No. 17 of 2024 253
(b) health practitioner in charge of the health facility has not
held a full certificate of registration for a period of at
least three years before the date of the application; and
(c) health facility does not meet other standards issued by the
Council in the guidelines.
(2) Subsection (1)(b) shall not apply where the Council
determines that the health practitioner is properly registered, has
the relevant experience in another country and qualifies for full
registration under section 11.
43. A licensed health facility shall display the licence in a Display of
conspicuous place at the health facility. licence
44. A holder of a licence may, at any time during the validity of Variation of
the licence, apply to the Council for a variation of the licence in a licence
prescribed manner and form on payment of a prescribed fee.
45. The holder of a licence shall, where the holder of a licence Surrender of
does not intend to continue to operate the health facility to which licence
the licence relates, surrender the licence to the Council.
46. A licence issued under this Part shall not be transferred to Transfer of
a third party without the prior approval of the Council licence
47. (1) A health facility that intends to renew a licence shall Renewal of
apply for renewal of the licence in the prescribed manner and form licence
on payment of a prescribed fee.
(2) The Council shall renew the licence if the health facility
remains in compliance with the conditions of the licence under this
Act.
(3) A licence renewed under this section shall be valid for a
period of one financial year.
48. (1) The Council shall suspend or revoke a licence if the Suspension
holder of the licence— or revocation
of
(a) obtained the licence through fraud, misrepresentation or licence
concealment of a material fact;
(b) is insolvent;
(c) is legally disqualified from operating a health facility;
(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine; or
(e) contravenes any provisions of this Act or terms and
conditions of a licence.
(2) Where the registration of a health practitioner is cancelled
under this Act, the licence held by a health facility where that health
practitioner is in charge shall be revoked and surrendered to the
Council.
 254 No. 17 of 2024] Health Professions
(3) The Council shall, before suspending or cancelling the
licence in accordance with subsection (1), notify the holder of the
licence of the Council’s intention to suspend or cancel the licence
and shall—
(a) give reasons for the intended suspension or cancellation;
and
(b) require the holder to show cause, within a period of not
more than thirty days, why the licence should not be
suspended or cancelled.
(4) The Council shall not suspend or cancel a licence under
this section if the holder takes remedial measures to the satisfaction
of the Council within the period specified under subsection (3).
(5) The Council shall, in making the Council’s final determination
on the suspension or cancellation of a licence, consider the
submissions made by the holder of a licence under subsection (3).
(6) The Council may suspend or cancel a licence if the holder
after being notified under subsection (3) fails to show cause or
does not take any remedial measures, to the satisfaction of the
Council, within the time specified in that subsection.
(7) The holder of a licence shall, where a licence is cancelled
in accordance with subsection (6), surrender the licence to the
Council.
(8) The Council shall, where it suspends or cancels a licence
under this section, publish the suspension or cancellation in a manner
that the Council may determine.
Immediate 49. The Council may, where the Council finds that the continued
closure of operation of a health facility presents imminent harm to patients,
health order the immediate closure of the health facility and thereafter
facility
invoke the provisions of section 48.
Prohibition 50. (1) Subject to subsection (2), a health facility shall not offer
of treatment or give consultation, treatment or diagnosis, except by, or under, the
or diagnosis supervision of a health practitioner with a valid practising certificate.
without
registered (2) Subsection (1) shall not apply to the administration of
health continued treatment previously prescribed by a health practitioner
practitioner with a valid practising certificate for a specified period.
(3) The Minister may, by statutory instrument, on the
recommendation of the Council, prescribe the qualifications and
professional experience required of a registered health practitioner
who is to supervise the operations of a health facility of a particular
class of licence.
 Health Professions [No. 17 of 2024 255
51. The Council shall publish annually a list of licensed health Publication
facilities, showing their location and licence class, in a manner that of
licensed
the Council may determine. health
facility
52. (1) A person commits an offence if that person— Offences
relating to
(a) contravenes any practice standards, procedures or health
guidelines for health facilities issued by the Council; facility
(b) being a holder of a licence under this Part, breaches any
terms and conditions of the licence;
(c) performs an act or omits to act, thereby endangering public
health or the lives of persons receiving health care
services at a health facility;
(d) without a licence, operates a health facility or holds out as
a health facility licensed under this Act;
(e) without a licence, operates a health facility that uses the
terms “clinic”, “surgery”, “health centre”, “consulting
room”, “nursing home”, “hospice”, “hospital” or any
other similar term;
(f) engages or employs persons who are not qualified or
registered under this Act at a licensed health facility; or
(g) contravenes any provisions of this Act.
(2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding five hundred thousand penalty units
or to imprisonment for a term not exceeding five years, or to both,
and to fifty thousand penalty units for each day during which the
offence continues.

PART VII
ACCREDITATION OF HEALTH CARE SERVICES
53. (1) A health facility shall not provide, or hold out as Prohibition
providing, health care services unless the health care service is of
offering
accredited in accordance with this Part. health care
(2) A health facility that contravenes subsection (1) commits service
an offence and is liable, on conviction to a fine not exceeding five without
accreditation
hundred thousand penalty units, and to an additional fine of fifty
thousand penalty units for each day during which the offence
continues.
54. (1) A health facility that intends to provide a health care Application
service shall apply to the Council for accreditation of the health for
accreditation
care service in the prescribed manner and form on payment of a of
prescribed fee. health care
service
 256 No. 17 of 2024] Health Professions

(2) The Council shall, on receipt of an application under

subsection (1), direct an inspector to inspect the health facility in
order to determine whether the health facility meets the requirements
for the accreditation of the health care service as may be
prescribed.
(3) The Council shall, within thirty days of the inspection
referred to in subsection (2), grant or reject the application.
(4) The Council shall, where a health facility meets the
requirements for the accreditation of a health care service, grant a
certificate of accreditation in the prescribed manner and form.
(5) The Council shall, where the Council rejects an application
under this section, inform the applicant, in writing, stating the reasons
for the rejection.
(6) The Minister shall, on the recommendation of the Council,
prescribe health care services that require accreditation.
Display of 55. A holder of a certificate of accreditation shall display the
certificate of certificate of accreditation in a conspicuous place at the health
accreditation facility where the accredited health care service is being offered.
Renewal of 56. (1) A certificate of accreditation may be renewed annually
accreditation in a prescribed manner and form on payment of a prescribed fee.
(2) The Council may request for information, including quality
assurance information, as a condition for the renewal of
accreditation.
Suspension 57. (1) The Council may suspend or revoke a certificate of
or revocation accreditation if the health facility—
of
accreditation (a) breaches a requirement or condition of the accreditation;
(b) is closed or has its licence revoked under this Act;
Cap. 295 (c) contravenes the provisions of the Public Health Act or
any other relevant written law; or
(d) obtained the accreditation through fraud, misrepresentation
or concealment of a material fact.
(2) The Council shall, before suspending or revoking a
certificate of accreditation under this section, give the health facility
an opportunity to be heard.
 Health Professions [No. 17 of 2024 257

PART VIII
INTERNSHIP SITES
58. (1) A health facility shall not offer internship without an Prohibition
internship site certificate issued under this Act. from offering
internship
(2) A health facility that contravenes subsection (1) is liable, on without
conviction, to a fine not exceeding five hundred thousand penalty internship
units. site
certificate

59. (1) A health facility that intends to offer internship shall Application
apply to the Council for an internship site certificate in a prescribed for
manner and form on payment of a prescribed fee. internship
site
(2) The Council shall, within thirty days of receipt of an certificate
application under subsection (1), approve or reject the application.
(3) The Council shall, where an applicant meets the requirements
as prescribed, issue an internship site certificate in a prescribed
manner and form.
(4) The Council shall, where the Council rejects an application
under subsection (2), notify the applicant, in writing, stating the
reasons for the rejection.
(5) An internship site certificate is valid for a period of one
financial year.
60. The Council shall renew an internship site certificate issued Renewal of
under section 59 if the— internship
site
(a) internship site complies with the prescribed requirements; certificate
(b) holder of the internship site certificate has provided
information that the Council may require as a condition
for the renewal of the internship site certificate; and
(c) proprietor or person in charge of an internship site has
paid the prescribed annual fees.
61. A holder of an internship site certificate may, at any time Variation of
during the validity of an internship site certificate, apply to the internship
site
Council for a variation of the terms and conditions of the internship certificate
site certificate in the prescribed manner and form on payment of a
prescribed fee.
62. The holder of an internship site certificate shall surrender Surrender of
an internship site certificate to the Council where the holder of an internship
site
internship site certificate does not intend to continue to provide certificate
internship training to which an internship site certificate relates.
 258 No. 17 of 2024] Health Professions
Transfer of 63. An internship site certificate shall not be transferred to a
internship third party without the prior approval of the Council.
site
certificate

Suspension 64. (1) The Council shall suspend or cancel an internship site
or
cancellation certificate if the holder—
of
internship (a) obtained the internship site certificate through fraud,
site misrepresentation or concealment of a material fact;
certificate
(b) is an undischarged bankrupt;
(c) becomes legally disqualified from operating an internship
site; or
(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without an option of a fine.
(2) The Council shall, before suspending or cancelling the
internship site certificate under this section, give the holder of the
internship site certificate an opportunity to be heard.

PART IX
DISCIPLINARY MATTERS
Code of 65. The Council shall develop and publish a Code of Ethics for
Ethics the health profession which shall bind all health professionals
regulated under this Act.
Professional 66. A health practitioner commits professional misconduct if
misconduct that health practitioner—
(a) contravenes the provisions of this Act;
(b) unlawfully discloses or uses to the health practitioner’s
advantage any information acquired in the health
practitioner’s practice;
(c) engages in conduct that is dishonest, fraudulent or deceitful;
(d) is convicted of an offence under this Act or any written
law and has been sentenced to imprisonment for a period
exceeding six months without an option of a fine;
(e) engages in any conduct that is—
(i) prejudicial to the health profession; or
(ii) is likely to bring the health profession into disrepute;
or
(f) breaches the Code of Ethics or encourages or incites
another health practitioner to breach or disregard the
Code of Ethics.
 Health Professions [No. 17 of 2024 259
67. (1) A person may lodge a complaint with the Council Initiation of
against a health practitioner where that person alleges that the disciplinary
health practitioner has contravened the Code of Ethics or any action
provision of this Act.
(2) The Council may initiate disciplinary action under this
section where the Council has reasonable grounds to believe that a
health practitioner has contravened the Code of Ethics or any
provision of this Act.
(3) A complaint under subsection (1) shall be made to the
Registrar in a prescribed manner and form.
68. (1) The Board shall constitute an ad hoc Professional Professional
Conduct Committee for each province and progressively in each Conduct
Committee
district consisting of the following part-time members:
(a) not more than four registered health practitioner’s who
are of the same qualifications as the health practitioner
against whom the complaint was made; and
(b) a legal practitioner.
(2) The members shall elect the chairperson and vice-
chairperson among the persons in subsection (1)(a).
(3) A person shall not be appointed as a member of the
Professional Conduct Committee if that person is—
(a) found guilty of professional misconduct;
(b) an undischarged bankrupt;
(c) legally disqualified from performing the functions of a
member; or
(d) convicted of an offence under this Act or any other law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine.
(4) The office of a member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Professional Conduct Committee of which the member
has notice, without the prior approval of the Professional
Conduct Committee;
(d) resigns, by notice in writing, to the Council;
(e) is legally disqualified from performing the functions of a
member;
(f) is found guilty of professional misconduct;
 260 No. 17 of 2024] Health Professions
(g) is de-registered under this Act or any written law; or
(h) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine.
(5) The Council shall, when there is a vacancy in the
membership of the Professional Conduct Committee before the
expiry of the term of office, appoint another person to replace the
member who vacates office, but that person shall only hold office
for the remainder of the term.
Reference of 69. Except as otherwise expressly stated, before any matters
matters to are referred to the Disciplinary Committee the Council shall, in the
Professional
Conduct
prescribed manner, refer the matter for determination by the
Committee Professional Conduct Committee.
Functions of 70. (1) Where a case has been referred to the Professional
Professional Conduct Committee, the Professional Conduct Committee shall,
Conduct
Committee as prescribed, consider the case and, subject to the provisions of
this section, determine either—
(a) that no inquiry shall be held in the case by the Disciplinary
Committee; or
(b) that the matter in question shall, in whole or in part, be
referred to the Disciplinary Committee for inquiry.
(2) Where the Professional Conduct Committee determines
that no inquiry shall be held in a case by the Disciplinary Committee,
the Registrar shall inform the complainant, if any, and the health
practitioner of the decision of the Professional Conduct Committee
on such terms as the Professional Conduct Committee may direct.
(3) The Professional Conduct Committee shall, if the
Professional Conduct Committee considers just, cause further
investigations to be done by the Council or obtain such advice or
assistance from any person, as it may consider necessary.
(4) Where the Professional Conduct Committee determines
that investigations are necessary, or where at the time when a
Professional Conduct Committee is considering the case and no
explanation has been furnished by the health practitioner against
whom a complaint is lodged, the Professional Conduct Committee
may make a provisional determination that the matter, in whole or
part, be referred to the Disciplinary Committee.
(5) The chairperson may, where a Professional Conduct
Committee makes a provisional determination in accordance with
subsection (4) and further investigations are concluded or an
explanation is subsequently furnished by the practitioner, in
 Health Professions [No. 17 of 2024 261
consultation with the members of the Professional Conduct
Committee and on the opinion of the majority of the members of
the Professional Conduct Committee, direct that—
(a) an inquiry shall not be held in the case by the Disciplinary
Committee; or
(b) the matter be referred to the Disciplinary Committee for
inquiry.
(6) The Registrar shall, where a direction is given in accordance
with subsection (5)(a), inform the complainant, if any, and the
practitioner of the decision of the Professional Conduct Committee
on terms that the Professional Conduct Committee may direct.
71. (1) Subject to this Act, a Professional Conduct Committee Proceedings
of
may regulate its own procedure. Professional
(2) Three members of a Professional Conduct Committee shall Conduct
Committee
form a quorum at a meeting or sitting of a Professional Conduct
Committee provided that one of the three members shall be a legal
practitioner.
(3) There shall preside at a meeting or sitting of a Professional
Conduct Committee—
(a) the chairperson;
(b) in the absence of the chairperson, the vice-chairperson;
or
(c) in the absence of both the chairperson and the vice-
chairperson, another member that the members present
shall elect for the purpose of that meeting.
(4) A question at a sitting or meeting of a Professional Conduct
Committee shall be decided by a majority of the members present
at a sitting or meeting, and in the event of an equality of votes, the
person presiding at the sitting or meeting shall have a casting vote
in addition to that person’s deliberative vote.
(5) A party to a hearing of a Professional Conduct Committee
may appear in person or be represented by a legal practitioner or,
if the party so elects, by any other person.
(6) A person who is present at a meeting or sitting of a
Professional Conduct Committee at which a matter is the subject
of consideration and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity shall, as soon as is practicable after the commencement
of the meeting or sitting, disclose that interest and shall not, unless
the Professional Conduct Committee otherwise directs, take part
in any consideration or discussion of, or vote on, any question relating
to that matter.
 262 No. 17 of 2024] Health Professions
(7) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting or sitting at which it is
made.
(8) A Professional Conduct Committee shall cause to be kept
a record of its proceedings.
Sanctions for 72. The Professional Conduct Committee may, where the
professional Professional Conduct Committee determines that no inquiry shall
misconduct be held in the case by the Disciplinary Committee but finds a health
by
Professional
practitioner guilty of professional misconduct, impose any of the
Conduct following sanctions:
Committee (a) counseling, mentorship or censure of the health
practitioner;
(b) cautioning the health practitioner; or
(c) retraining or rehabilitaion of the health practitioner.
Disciplinary 73. (1) The Board shall constitute a Disciplinary Committee
Committee consisting of the following part-time members:
(a) a chairperson who shall be a legal practitioner;
(b) a vice-chairperson who shall be a legal practitioner; and
(c) a health practitioner with knowledge and experience in
matters relevant to the Act.
(2) The chairperson of the Disciplinary Committee and the vice-
chairperson shall be legal practitioners eligible to be appointed as
Judges of the High Court.
(3) The Disciplinary Committee shall co-opt, as a member—
(a) a peer of the health practitioner against whom a complaint
of professional misconduct is made; and
(b) a member of the relevant professional committee
nominated by that professional committee.
(4) A person shall not be appointed as a member of the
Disciplinary Committee if that person —
(a) is found guilty of professional misconduct under this Act
or any written law;
(b) is an undischarged bankrupt;
(c) is legally disqualified;
(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine.
(5) A member of the Disciplinary Committee shall hold office
for a term of three years and may be re-appointed for a further
and final term of three years.
 Health Professions [No. 17 of 2024 263
(6) A member shall, on expiration of the term for which the
member is appointed continue to hold office until another member
is appointed but in no case shall an extension of the period exceed
three months.
(7) The office of a member of the Disciplinary Committee
becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Disciplinary Committee of which the member has notice,
without the prior approval of the Disciplinary Committee;
(d) resigns by notice, in writing, to the Council;
(e) is legally disqualified from performing the duties of a
member of the Disciplinary Committee;
(f)is found guilty of professional misconduct; or
(g) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine.
(8) The Council shall, where there is a vacancy in the
membership of the Disciplinary Committee before the expiry of
the term of office, appoint another person to replace the member
who vacates office but that person shall only hold office for the
remainder of the term.
74. (1) The functions of the Disciplinary Committee are to Functions of
hear and determine— Disciplinary
Committee
(a) any complaint referred to the Disciplinary Committee by
a Professional Conduct Committee against a health
practitioner; or
(b) a disciplinary action initiated against a health practitioner
under section 67(2).
(2) The Disciplinary Committee may publicise as the
Disciplinary Committee considers appropriate, the facts relating to
a health practitioner who is found guilty of, and punished for,
professional misconduct.
75. (1) Subject to the other provisions of this Act, the Proceedings
Disciplinary Committee may regulate its own procedure. of
Disciplinary
(2) Three members of the Disciplinary Committee shall form Committee
a quorum at a meeting or sitting of the Disciplinary Committee.
 264 No. 17 of 2024] Health Professions

(3) The chairperson of the Disciplinary Committee or in the

absence of the chairperson, the vice-chairperson shall preside at a
meeting or sitting of the Disciplinary Committee.
(4) A question at a meeting or sitting of the Disciplinary
Committee shall be decided by a majority of the members present
at the meeting or sitting of the Disciplinary Committee and in the
event of an equality of votes, the person presiding at the meeting or
sitting shall have a casting vote in addition to that person’s deliberative
vote.
(5) The proceedings of the Disciplinary Committee shall be in
camera.
(6) A party to a hearing of the Disciplinary Committee may
appear in person or be represented by a legal practitioner or, if the
party so elects, by any other person.
(7) A decision of the Disciplinary Committee shall be in the
form of a reasoned judgment and a copy of the judgment shall be
supplied to each party to the proceedings and to every person
affected by the decision.
(8) If a person is present at a meeting or sitting of the
Disciplinary Committee at which any matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity, that person shall, as soon as is practicable after the
commencement of the meeting or sitting, disclose the interest and
shall not, unless the Disciplinary Committee otherwise directs, take
part in any consideration or discussion of, or vote on, any question
relating to that matter.
(9) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting or sitting at which it is
made.
(10) The Disciplinary Committee shall cause to be kept a record
of its proceedings.
Powers of 76. (1) The Disciplinary Committee may, for the purposes of
Disciplinary a hearing, hear and receive evidence and may—
Committee
(a) under the hand of the chairperson or the Registrar, summon
witnesses and require the production of a book, record
,document, electronic record or anything required for
the purposes of the proceeding; and
(b) through the chairperson or vice-chairperson, administer
an oath to a witness.
 Health Professions [No. 17 of 2024 265
(2) A person summoned to attend before the Disciplinary
Committee shall not—
(a) refuse or fail, without reasonable excuse, to attend at the
time and place specified in the summons or, having
attended, leave without the permission of the Disciplinary
Committee;
(b) having attended, refuse to be sworn or to affirm;
(c) refuse, without lawful excuse, to answer fully and
satisfactorily to the best of that person’s knowledge and
belief, a question lawfully put to that person; or
(d) refuse to produce a book, record, document or thing which
that person has been required by summons to produce.
(3) A person who contravenes subsection (2) commits an
offence and is liable, on conviction, for that refusal or failure, to a
fine not exceeding two hundred thousand penalty units.
(4) Despite subsection (2), a person shall not be compelled to
answer any question or produce any book, record or document
which that person would not be compelled to answer or produce
on the trial of an action in the High Court.
(5) A hearing before the Disciplinary Committee shall, for the
purposes of Chapter XI of the Penal Code, be deemed to be a Cap. 87
judicial proceeding.
(6) A finding of fact which is shown to have been made by a
court in the Republic shall, in any hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found.
(7) The Disciplinary Committee shall, where the Disciplinary
Committee has reasonable cause to believe that a health practitioner
is legally disqualified, refer the matter for determination in
accordance with the Mental Health Act, 2019. Act No. 6 of
2019
(8) The Disciplinary Committee shall, where a determination is
made in accordance with the Mental Health Act, 2019, that a health Act No. 6 of
practitioner is legally disqualified, suspend the practising certificate 2019
of the health practitioner.
(9) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts as the Disciplinary
Committee considers necessary.
77. The Disciplinary Committee shall, where the Disciplinary Sanctions for
Committee finds a health practitioner guilty of professional professional
misconduct
misconduct, after due inquiry, impose one or more of the following
by
sanctions: Disciplinary
Committee
 266 No. 17 of 2024] Health Professions

(a) order the cancellation of the health practitioner’s practising

certificate or certificate of registration;
(b) order the suspension of the certificate of registration or
practising certificate for a specified period and on
conditions as determined by the Disciplinary Committee;
(c) censure the health practitioner;
(d) caution the health practitioner;
(e) impose an administrative penalty, not exceeding one
hundred thousand penalty units, to be paid to the Council;
(f)order that the health practitioner, be re-trained or
rehabilitated;
(g) order the health practitioner to pay to the Council or to a
party to the hearing the costs of, or incidental to, the
proceedings; or
(h) order the health practitioner to pay any party to the hearing
or any other person, as restitution, the amount of loss
caused by that person’s misconduct.
Reports by 78. The Disciplinary Committee shall, within fourteen days from
Disciplinary the completion of a hearing, submit to the Board a report of the
Committee
proceedings together with a copy of the record.
Rules 79. (1) The Chief Justice may, by statutory instrument, and
relating to on the recommendation of the Council, make Rules relating to the —
disciplinary
proceedings
(a) manner and form for lodging of complaints under this
Part;
(b) mode of summoning persons before the Disciplinary
Committee;
(c) manner and form of service of a summons requiring the
attendance of a witness before the Disciplinary
Committee and the production of a book, record,
document or thing;
(d) procedure to be followed and rules of evidence to be
observed in proceedings before the Disciplinary
Committee; and
(e) functions of assessors and experts to the Disciplinary
Committee.
(2) Rules made under subsection (1) may provide—
(a) that before a matter is referred to the Disciplinary
Committee it shall in a manner that may be provided by
the Rules, have been brought before a Professional
Conduct Committee, and investigated by the Council;
 Health Professions [No. 17 of 2024 267

(b) for securing notices for the proceedings and specifying

the time and manner of the proceedings; and
(c) for securing that a party to the proceedings shall, if that
person requires, be entitled to be heard by the
Disciplinary Committee.

PART X
INSPECTORATE
80. (1) The Council shall appoint a suitably qualified person Inspectorate
as an inspector for the purposes of ensuring compliance with the
provisions of this Act.
(2) The Registrar shall issue an identity card to an inspector,
which shall be prima facie evidence of the inspector’s appointment.
(3) An inspector shall, in performing the functions under this
Act—
(a) be in possession of the identification card
referred to in subsection (2); and
(b) show the identification card to any person
who requests to see the card.
81. (1) An inspector may, for the purposes of enforcing the Power of
provisions of this Act, at any reasonable time, without prior notice— entry,
search and
(a) enter and search premises that the inspector has reasonable inspection
cause to believe are being used contrary to the provisions
of this Act;
(b) search any person on the premises if the inspector has
reasonable grounds to believe that the person has
possession of an article, document or record that has a
bearing on an inspection except that a person shall only
be searched by a person of the same sex;
(c) take extracts from, or make copies of any book, document
or record that is on the premises and that has a bearing
on an inspection;
(d) demand the production of, and inspect, relevant
certificates; or
(e) make inquiries that may be necessary to ascertain whether
the provisions of this Act or any other law on which an
inspection is based have been complied with.
(2) An inspector who removes anything from any premises
shall—
(a) issue a receipt for anything removed to the owner or the
person in control of the premises; and
 268 No. 17 of 2024] Health Professions
(b) return anything removed as soon as practicable after the
thing has served the purpose for which it was removed.
(3) A person commits an offence if that person—
(a) delays or obstructs an inspector in the performance of
that inspector’s functions under this Act;
(b) refuses to give an inspector such reasonable assistance
as the inspector may require for the purpose of
performing the inspector’s functions;
(c) impersonates an inspector or presents oneself to be an
inspector; or
(d) willfully gives an inspector false or misleading information
in answer to an inquiry made by the inspector.
(4) A person who contravenes subsection (3) is liable, on
conviction, to a fine not exceeding three hundred thousand penalty
units or to imprisonment for a term not exceeding three years, or to
both.
(5) For the purposes of this section, “premises” includes a place
where a health practitioner operates or practices.
Report of 82. An inspector shall furnish the Council with a written report
inspection and any other information relating to an inspection, as the Council
may direct.
Code of 83. The Council shall develop a code of conduct for inspectors
conduct for for the purposes of performing the functions under this Act.
inspector
PART XI
GENERAL PROVISIONS
Appeals 84. (1) A person who is aggrieved by the decision of the
Council may, within thirty days of the receipt of the decision, appeal
to the Minister against the decision.
(2) The Minister shall, within thirty days of receipt of an appeal
under subsection (1), determine the appeal and inform the appellant,
in writing, of the Minister’s determination.
(3) A person aggrieved by a decision of the Minister under
this section may, within thirty days of receipt of the decision, appeal
to the High Court.
(4) A person aggrieved by the decision of the Professional
Conduct Committee may appeal to the Disciplinary Committee
within fourteen days from the date of the decision.
(5) A person aggrieved by a decision of the Disciplinary
Committee may, within thirty days of receipt of the decision, appeal
to the High Court.
 Health Professions [No. 17 of 2024 269

(6) A decision of the Disciplinary Committee shall not take

effect until the expiration of the time for lodging an appeal against
the decision or, if an appeal is lodged, until the time the appeal is
disposed of, withdrawn or struck out for want of prosecution.
(7) The proceedings of the Disciplinary Committee shall not
be set aside by reason only of some irregularity in those proceedings
if such irregularity did not occasion a substantial miscarriage of
justice.
85. (1) The Council shall keep and maintain registers of— Registers
(a) registered health professionals;
(b) holders of practising certificates and persons whose
practising certificates have been cancelled;
(c) the applications rejected and reasons for the rejection;
(d) approved continuous professional development providers;
(e) licensed health facilities;
(f)accredited health care services;
(g) internship sites; and
(h) any other information that the Council may determine.
(2) The registers referred to under subsection (1) shall contain
particulars that may be prescribed.
(3) The registers shall be kept in the custody of the Registrar
at the offices of the Council and shall be open for inspection by
members of the public during normal office hours on payment of a
fee as prescribed.
(4) The Registrar shall, on an application by any person, issue
to the person a certified extract from the registers or a copy of a
certificate of registration or practising certificate, on payment of a
fee as prescribed.
86. (1) The Registrar shall, on the direction of the Board, cause Publication
copies of any of the registers including alterations of, or additions of
to those registers, to be printed and published in a manner and form copies of
register
that the Board may direct.
(2) Subject to this Act, a copy of the last published and printed
register shall be prima facie evidence in legal proceedings of what
is contained in that register and the absence of the name of a
health practitioner from that copy, is prima facie evidence that the
health practitioner is not registered.
 270 No. 17 of 2024] Health Professions

Jurisdiction 87. (1) A court shall have jurisdiction over a health practitioner
over acts for any act committed outside the Republic which, if it had been
committed
outside committed in the Republic, would have been an offence of
Republic professional misconduct under this Act.
(2) Any proceedings against a health practitioner under this
section which would be a bar to subsequent proceedings against
the health practitioner, for the same offence, if the offence had
been committed in the Republic, shall be a bar to further proceedings
against the health practitioner under any written law relating to the
extradition of persons, in respect of the same offence outside the
Republic.
Cap. 98 (3) The Mutual Legal Assistance in Criminal Matters Act
shall apply to proceedings under this Act.
Offence by 88. Where an offence under this Act is committed by a body
body corporate or a body unincorporate, with the knowledge, consent or
corporate or
unincorporated connivance of the director, manager, partner or shareholder of that
body body corporate or unincorporate body, that director, manager,
partner or shareholder commits an offence and is liable, on
conviction, to the penalty or term of imprisonment specified for
that offence.
General 89. A person convicted of an offence under this Act for which
penalty a penalty is not specified is liable to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both.
90. (1) The Council may impose an administrative penalty on
a person for a failure to comply with a provision of this Act which
is not an offence.
(2) An administrative penalty shall not exceed the amount
prescribed by the Minister for each day during which such failure
continues.
(3) An administrative penalty is payable to the Council within
the period specified by the Council.
(4) If any person fails to pay an administrative penalty, within
the period specified in subsection (3), the Council may, by way of
civil action in a competent court, recover the amount of the
administrative penalty from that person as an amount due and owing
to the Council.
Guidelines 91. (1) The Council may, in the performance of the Council’s
functions under this Act, issue guidelines that are necessary for the
better carrying out of the provisions of this Act.
 Health Professions [No. 17 of 2024 271
(2) The Council shall publish the guidelines issued under this
Act by notice in the Gazette or in a manner as the Council may
determine, and the guidelines shall not take effect until they are so
published.
(3) The guidelines issued by the Council under this Act shall
bind all persons regulated under this Act.
92. Despite anything contrary contained in any written law, No execution
where a judgment or order has been obtained against the Council, on
no execution or attachment, or process of any nature, shall be property of
Council
issued against the Council or against the property of the Council,
but the Registrar shall cause to be paid out of the revenue of the
Council such amounts as may, by the judgment or order, be awarded
against the Council to the person entitled to the amounts.
93. (1) The Minister may, on the recommendation of the Board, Regulations
by statutory instrument, make Regulations for the better carrying
out of the provisions of this Act.
(2) Without prejudice to the generality of subsection (1),
Regulations under subsection (1) may make provision for—
(a) the forms, fees payable and the procedure for applications
to be made under this Act;
(b) the information and documents to be submitted in support
of applications to be made under this Act;
(c) the form and conditions of the register and the particulars
to be entered on the register;
(d) the form of the certificate of registration and the conditions
under which the certificate of registration is issued;
(e) the form of the practising certificate and the conditions
under which the practising certificate is issued;
(f)the qualifications, as accredited and recognised by the
Zambia Qualifications Authority, for the registration of
health practitioners;
(g) the scope of practice for registered health practitioners;
(h) the issuance of duplicates and certified copies of
certificates and licences, certified copies of entries on
the register and the fees payable to the Council;
(i) the circumstances and manner in which a health practitioner
may be removed from the register or restored on the
register;
(j)the type of continuing professional development and training
required as a pre-requisite for the issuance of a practising
certificate;
 272 No. 17 of 2024] Health Professions

(k) the requirements and conditions for the granting of

accreditation and the manner in which the Council shall
administer and monitor compliance with accreditation
requirements and conditions;
(l) the licensing procedures and the forms for any licence
needed to be obtained under this Act; and
(m) the requirements and conditions relating to the licence
classes for health facilities.
Repeal of 94. (1) The Health Professions Act, 2009, is repealed.
Act No.
(2) Despite subsection (1), the Second Schedule applies to
24 of 2009
and the savings and transitional provisions.
savings and
transitional
provisions
FIRST SCHEDULE
(Section 5(6))
PART I
ADMINISTRATION OF BOARD
Tenure of 1. (1) A member of the Board shall hold office for a term of
office for three years and may be re-appointed for a further and final term
members and
vacancy of three years.
(2) On the expiration of the term for which a member is
appointed, the member shall continue to hold office until another
member is appointed, but in no case shall any extension of the
period exceed three months.
(3) The office of a member shall be vacant if that member—
(a) dies;
(b) is adjudged bankrupt;
(c) is absent from three consecutive meetings of the Board,
of which the member has had notice, without the prior
approval of the Board;
(d) resigns by giving notice, in writing, to the Minister;
(e) is legally disqualified from performing the functions of a
member;
(f)is removed from the Board by the Minister;
(g) is convicted of an offence under this Act or any written
law and has been sentenced to imprisonment for a period
not exceeding six months without the option of a fine;
or
 Health Professions [No. 17 of 2024 273

(h) ceases to be an employee of the Ministry, institution or

organisation that nominated or appointed that member
to sit on the Board.
(4) Where there is a vacancy in the membership of the Board,
before the expiry of the term of office, the Minister shall appoint
another person to replace the member but that person shall only
hold office for the remainder of the term.
2. (1) Subject to this Act, the Board may regulate its own Proceedings
procedure. of
Board
(2) The Board shall meet at least once every three months at
such place as the Board may determine.
(3) On giving notice of not less than fourteen days, a meeting
of the Board may be called by the Chairperson and shall be called
if not less than one third of the members so request in writing,
except that if the urgency of a particular matter does not permit
the giving of notice, a special meeting may be called on giving
shorter notice.
(4) The quorum of the Board at any meeting shall be five
members.
(5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member elected from among the
members present at the meeting for the purpose of that
meeting.
(6) A decision of the Board on any question shall be by a
majority of members present and voting at the meeting and, in the
event of an equality of votes, the person presiding at the meeting
shall have, in addition to a deliberative vote, a casting vote.
(7) The Board may invite a person whose presence is in the
board’s opinion desirable to attend and participate in the deliberations
of the meeting, but that person shall not vote.
(8) The validity of any proceedings, act or decision of the Board
shall not be affected by any vacancy in the membership of the
Board or any defect in the appointment of any member or by reason
that any person not entitled to do so, took part in the proceedings.
(9) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board and any committee of the Board.
 274 No. 17 of 2024] Health Professions

Committees 3. (1) The Board may, for the purpose of exercising its
powers and the effective and efficient performance of the functions
of the Council, constitute committees and delegate to the committees
functions of the Board that it considers necessary.
(2) The Board may appoint, as members of a committee,
persons who are or are not members except that at least one
member of the Board shall be a member of a committee.
(3) A member of a committee shall hold office for a period
that the Board may determine.
(4) A committee shall have the power to invite any person
whose presence, in its opinion, is desirable to attend and participate
in the deliberations of the meeting of the committee but that person
shall have no vote.
(5) A person presiding at a meeting of a committee shall cause
to be kept a record of the proceedings of the meeting and shall
cause to be submitted to the Board, as soon as possible after a
meeting of the committee, that record.
(6) Subject to any specific or general direction of the Board
and the other provisions of this Act, a committee may regulate its
own procedure at meetings.
Professional 4. (1) The Board shall constitute the following professional
committees committees which shall be responsible for advising the Board on
the development of ethics and standards of practice of a community
of practice:
(a) Medical, Clinical and Dental Committee;
(b) Pharmacy and Rehabilitative Services Committee;
(c) Diagnostics and Medical Technology Committee;
(d) Public and Environmental Health Committee; and
(e) Allied Health Committee.
(2) Despite subparagraph (1), the Board may delegate to a
professional committee, functions of the Board that the Board may
consider necessary.
(3) The professional committees constituted under
subparagraph (1) shall consist of five part-time members appointed
by the Board.
(4) Subject to any specific or general directions of the Board,
a professional committee may regulate its own procedure.
(5) The provisions of paragraph 3(3), (4) and (5) shall apply to
a professional committee.
 Health Professions [No. 17 of 2024 275

5. A member of the Board or committee of the Board shall Allowances

be paid allowances that the Emoluments Commission may, on the
recommendation of the Minister, determine.
6. (1) If any person is present at a meeting of the Board, Disclosure of
committee of the Board or professional committee at which any interest
matter, in which that person or that person’s relative or associate is
directly or indirectly interested in a private capacity, is the subject
of consideration, that person shall, as soon as practicable after the
commencement of the meeting disclose that interest and shall not,
unless the Board or the committee otherwise directs, take part in
any consideration or discussion of, or vote on, any question relating
to that matter.
(2) A disclosure of interest made in accordance with this
paragraph shall be recorded in the minutes of the meeting at which
the disclosure is made.
7. (1) A person shall not, without the consent in writing given Prohibition
by or on behalf of the Board or as otherwise permitted by any of
publication
written law, publish or disclose to any unauthorised person, or
otherwise than in the course of that person’s duties, the contents of disclosure of
information
any document, communication or information whatsoever, which to
relates to, and which has come to that person’s knowledge in the unauthorised
person
course of that person’s duties under this Act.
(2) A person who contravenes subparagraph (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.
(3) A person who, having information which to the knowledge
of that person has been published or disclosed in contravention of
subparagraph (1), unlawfully publishes or communicates that
information to any other person, commits an offence and is liable,
on conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both.
(4) Nothing in this paragraph shall be interpreted to prohibit
the publication and dissemination of a final decision of the Board.
8. An action or other proceeding shall not lie or be instituted Immunity of
against a member of the Board, a committee, professional member,
committee
committee or a member of staff of the Council, for or in respect of and
any act or thing done or omitted to be done in good faith in the employee
exercise or performance, of any of the powers, functions or duties
conferred under this Act.
 276 No. 17 of 2024] Health Professions

PART II
FINANCIAL PROVISIONS
Funds of 9. (1) The funds of the Council consist of money that may—
Council
(a) be appropriated to the Council by Parliament;
(b) be paid to the Council by way of fees, levy, grants or
donations;
(c) be obtained through sale of publications; and
(d) vest in or accrue to the Council.
(2) The Council may—
Act. No. 1 (a) subject to the Public Finance Management Act, 2018 and
of 2018 the approval of the Minister, accept monies by way of
grants or donations from any source within or outside
Zambia;
Act No. 15 (b) subject to the Public Debt Management Act, 2022, raise
of 2022 by way of loans or otherwise, monies that the Council
may require for the performance of its functions; and
(c) in accordance with the Regulations made under this Act,
charge and collect fees for services provided by the
Council.
(3) There shall be paid from the funds of the Council—
(a) emoluments and loans of the members of staff of the
Council;
(b) reasonable traveling and other allowances for members
of the Board and members of a committee of the Board,
when engaged in the business of the Council, at such
rates as the Emoluments Commission may on the
recommendation of the Minister determine; and
(c) any other expenses incurred by the Council in carrying
out its functions under this Act.
(4) The Council may, subject to the Public Debt Management
Act, 2022 and the approval of the Minister, invest in a manner the
Council considers appropriate funds of the Council that the Council
does not immediately require for the performance of the Council’s
functions.
Financial year 10. The financial year of the Council shall be a period of twelve
months ending on 31st December of each year.
Accounts 11. (1) The Council shall cause to be kept proper books of
and audit account and other records relating to accounts of the Council.
 Health Professions [No. 17 of 2024 277

(2) The Auditor-General or an auditor appointed by the Auditor-

General shall audit annually the accounts of the Council.
(3) The Council shall pay the fees for the Auditor-General or
an auditor appointed by the Auditor-General.
12. (1) The Council shall, as soon as practicable but not later Annual report
than ninety days after the end of the financial year, submit to the
Minister a report concerning the Council’s activities during that
financial year.
(2) The report, referred to in subparagraph (1), shall include
information on the financial affairs of the Council and there shall
be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) such other information as the Minister may require.
(3) The Minister shall not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.
SECOND SCHEDULE
(Section 94)
SAVINGS AND TRANSITIONAL PROVISIONS

1. For purposes of this Part — Interpretation

“former Council” means the Council established under the
repealed Act; and
“former Disciplinary Committee” means the Disciplinary
Committee established under the repealed Act.
2. (1) A person who, before the commencement of this Act, Staff of
was an officer or employee of the former Council, shall continue Council
to be an officer or employee of the Council, as if appointed or
employed under this Act.
(2) The service of the persons referred to in subparagraph
(1) shall be treated as continuous service.
(3) Nothing in this Act affects the rights and liabilities of a
person employed or appointed by the former Council before the
commencement of this Act.
 278 No. 17 of 2024] Health Professions

Member of 3. A person who immediately before the commencement of

former this Act—
Council,
Disciplinary (a) held office as a member of the Board of the former
Committee Council shall continue to hold office as a member of the
Board for a period of three months after which the
Minister shall appoint the members of the Board in
accordance with the provisions of this Act; and
(b) held office as a member of former Disciplinary Committee
shall continue to hold office as a member of the
Disciplinary Committee for a period of six months after
which the Council shall constitute a Disciplinary
Committee in accordance with this Act.
Certificates 4. A licence or certificate issued under the repealed Act shall
and licenses continue to be valid as if issued under this Act until expiry, revocation
issued under or surrender of the licence or certificate.
repealed Act

Transfer of 5. (1) On or after the commencement of this Act, there shall

assets or be transferred to, vest in and subsist against, the Council by virtue
liabilities of this Act and without further assurance, the assets, rights, liabilities
and obligations that the Minister may determine which immediately
before that date were the assets, rights, liabilities and obligations of
the former Council.
(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Council was a party immediately before the
commencement of this Act whether or not of a nature that rights,
liabilities and obligations could be assigned shall, unless its subject
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
(a) the Council had been party to it;
(b) for any reference to the former Council there was
substituted, with respect to anything falling to be done
on or after the commencement of this Act, a reference
to the Council; or
(c) for any reference to any officer of the former Council,
not being a party to it and beneficially interested, there
wassubstituted, with respect to anything required to be
done on or after the commencement of this Act, a
reference to such officer of the Council that the Council
shall designate.
 Health Professions [No. 17 of 2024 279

(3) Where under this Act, any assets, rights, liabilities and
obligations of the former Council are considered to be transferred
to the Council in respect of which transfer a written law provides
for registration, the Council shall make an application, in writing, to
the appropriate registration authority for registration of the transfer.
(4) The registration authority, referred to in subparagraph (3),
shall make entries in the appropriate register that shall give effect
to the transfer and, where applicable issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction.
6. (1) Any legal proceedings or application pending Legal
immediately before the commencement of this Act by or against proceedings
the former Council may be continued by or against the Council.
(2) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the former Council may be instituted by or
against the Council.
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