THE ALLIED HEALTH PROFESSIONALS COUNCIL ACT, 2022

 

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CONTENTS

1. Short title, extent commencement.
2. Definitions.
3. Establishment of the Council.
4. Power and functions of the Council.
5. Restrictions on nominations.
6. Term of office of the members.
7. Meeting of the Council.
8. President and Vice President.
9. Advisory Committees of the Council.
10. Functions of the advisory committee.
11. Officers and servants of the Council.
12. Recognition of institution imparting basic or higher qualification.
13. Recognition of foreign qualifications.
14. Recognition of continuous professional development opportunity providers.
15. Reciprocal recognition of qualification.

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16. Registration of Allied Health Professionals whose qualification may be considered

recognized qualification.

17. Licensing and Rights of Licensees.
18. Institutions to furnish information required by the Council.
19. Inspection of institution.
20. Maintenance of the register.
21. Procedure for registration.
22. Removal of name from the register.
23. Disqualification for registration.
24. Prohibition of employment of and practice by un-registered AHP.
25. Penalty for offenses.
26. Appeal.
27. Cognizance by court.
28. Complaints.
29. Procedure of inquiry.
30. Directions as to apparatus, appliance, equipment or products.
31. Action done in good faith.
32. The Fund.
33. Bank accounts.
34. Annual report, accounts and audit.
35. Investments.
36. Consultants, advisors, etc.
37. Executive authorities to assist the Council.
38. Power to make rules.
39. Regulations.

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40. Removal of difficulties.
41. Overriding effect.

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THE ALLIED HEALTH PROFESSIONALS COUNCIL ACT, 2022

ACT NO. IX OF 2022

[28th February, 2022]

An Act to make the provisions for the establishment of the Allied Health Professionals Council

WHEREAS it is expedient to establish an Allied Health Professionals Council in Pakistan for

the purposes of making a uniform standard of basic and higher qualification in various Allied Health

disciplines and to consolidate the law relating to the registration of all professionals in various

disciplines of Allied Health Professionals;

WHEREAS, it is necessary to regulate education, training, practice, functions and registration of

Allied Health Professionals in the Pakistan for public health

It is hereby enacted as follows:—

1. Short title, extent commencement.— (1) This Act shall be called the Allied Health

Professionals Council Act, 2022.

(2) It shall extend to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.— (1) In this Act, unless there is anything repugnant in the context or subject,—

(a) “Allied Health Professionals” or “AHP” means Person who provides diagnostic,

therapeutic, Preventive, curative or rehabilitative services in health care, in a

prescribed Manner and has undergone a prescribed course of training in a

recognized institution and is registered as an Allied Health Professional by the

body formed for the purpose, as per Sehedule-I;

(b) “bachelor degree” means any degree, duly recognized by the council, of at least

four years duration after higher secondary school granted by a university or an

institution;

(c) “basic qualification” means certificate or diploma course for Allied Health

Professionals recognized by the council;

(d) “certificate” means any recognized qualification pursuant to at least a one year

training duration granted by an institution recognized by the Council;

(e) Council means the Allied Health Professionals Council established under section

3;

(f) “continuous professional development” means skill enhancement and

improvement of personal and professional competency which shall—

(i) Comprise of lectures, seminars, courses, individual study or other

activities undertaken by a Registered AHP; and

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(ii) reasonably be expected to advance a Registered AHP’s development in

his or her related profession.

(g) “continuous professional development opportunity provider” means an

institution or organization providing continuous professional development

opportunities recognized by the council;

(h) “diploma” means any recognized qualification of at least two years or greater

duration granted by an institution recognized by the Council to grant such

qualification under this act;

(i) “doctorate degree” means any degree higher than an M. Phil or masters degree,

recognized by the Higher Education Commission of Pakistan and which is

recognized by the council as applicable towards qualifications of an AHP;

(j) “eligible” means any person eligible for registration of recognized qualification

under this act;

(k) “Ex-officio member” means members of the Council nominated under clauses (a)

and (b) of sub-section 3 of section 3 of this Act and who shall not have the right

to vote or hold any elected position in the Council;

(l) “healthcare establishment” means any premises used or intended to be used for

the provision of health care services, including but not limited to a hospital,

teaching hospital, rural health center, basic health units, surgical centers, blood

banks, maternity homes, nursing homes, clinics, clinical laboratories,

dispensaries, dental clinics, x-ray laboratories, diagnostic center, centers for

nuclear medicine or radiation therapy, ambulatories, psychiatric hospitals, burn

units, psychiatric nursing homes, community mental health center, hemodialysis

center, dialysis center, rehabilitation center or clinic or centers and such other

health care or premises as may be declared from time to time by the Federal or

Provincial Government or byelaw;

(m) “Higher qualification” means a bachelor’s degree or higher qualification as

recognized by the Council for AHP;

(n) “institution” means an institute, college or university which is recognized under

this act to grant or train basic or higher qualification for AHP;

(o) “masters degree” means any post graduate degree granted by a university or an

institution recognized by the Council;

(p) “Member” means a member of the Allied Health Professionals Council;

(q) “M. Phil” means any post-master degree granted by a university or an institution

recognized by the Council;

(r) “National Medical Authority” means the Authority constituted under section 15

of the Pakistan Medical Commission Act, 2020;

(s) “Prescribed” means prescribed by rule or regulation;

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(t) “Recognized Qualification” include:

(i) a basic qualification for AHP recognized by the council; or

(ii) a higher qualification for AHP recognized by the council; or

(iii) a basic or higher qualification for AHP which was registered under any law,

before the commencement of this Act, which shall be considered as a

recognized qualification.

(u) “List of disciplines” categorized as allied health professional will be as included,

added or notified by the concerned administrative division or Ministry, in

Schedule-I to this Act; and shall include disciplines that are formally taught by a

recognized institution and are related to patient care.

(2) Any other expressions used but not defined in this Act, shall have the same meanings

assigned thereto in the respective laws and rules made thereunder.

3. Establishment of the Council.— (1) There shall be a council hereinafter known as the

Allied Health Professionals Council, to be constituted by the Prime Minister.

(2) The head office of the Council shall be in Islamabad and the Council shall establish offices

in each Province and may in any other regions as required.

(3) The Council shall consist of the following members, namely:—

(a) Director General Health, of the Federal and Provincial Governments (Ex-officio

member);

(b) a Representative of the Medical Corps of the Armed Forces to be nominated by

the Surgeon General;

(c) one health professional to be nominated by each province, GB and AJK

Government from the categories at Schedule-I from a public or private sector

university or affiliated college/ institute in the province;

(d) One health professional to be nominated by the Federal Government from the

categories at Schedule-I from a public or private sector university or affiliated

college in Islamabad Capital Territory;

(e) three members of civil society from amongst nationally recognized

philanthropists or persons of known repute, a legal professional and a chartered

accountant nominated by the Prime Minister of Pakistan; and

(f) upon the constitution of the advisory committees, the chairman of each advisory

committee shall be a co-opted member of the Council subject having voting rights

on issues of their discipline brought before the Council.

(4) The council shall be a body corporate, having perpetual succession and a common seal,

with power to acquire and hold property both movable and immovable, and shall by said name sue

and be sued.

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4. Power and functions of the Council.— (1) The Council shall perform the following

functions, namely:—

(a) regulate the standard of services for the practice of AHP;

(b) define, in consultation with the appropriate advisory committee, the scope and

standards of study, instruction and training in recognized institutions in Pakistan

and ensure they are maintained;

(c) create category-specific advisory committees of relevant professionals for

categories in Schedule-I in which the basic qualifying qualification is a

recognized university degree;

(d) set practice standards of proficiency and conduct for AHP;

(e) register AHP as practitioners;

(f) assist health facilities regulatory bodies to monitor and inspect Allied Health

Facilities;

(g) facilitate continuing professional development of AHP practitioners;

(h) determine and implement post registration continuing education and continuing

professionals development programmes for AHP practitioners;

(i) ensure that the education and training of AHP in Pakistan are carried out at

approved educational institutions;

(j) advise the Federal and Provincial Governments on matters relating to allied health

practice;

(k) develop standards of licensing examination for AHP practitioners;

(l) inquire and investigate into violation of any of the provisions of this Act, and

rules and regulations made thereunder;

(m) take measure for the welfare of the employees of the council;

(n) prepare and implement annual plans;

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

(p) collaborate with international and national institutions, organizations and

companies to secure their assistance. cooperation and support for improvement

of allied health profession; and

(q) perform any other functions that are ancillary to the objectives of the council.

(2) All actions of the Council shall be taken in accordance with the provisions of this Act and

the Council shall explicitly define the scope of practice in each category or discipline. The council will

ensure that the right to prescribe drugs may not be given to any AHP and ensure that the authorization

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to use any medical devices will be explicitly defined and limited to the scope of work of the category

or discipline.

(3) The Council shall ensure that no AHP shall designate himself as doctor for professional

purposes.

5. Restrictions on nominations.— (1) No person shall be eligible for nomination under

clauses (c), (d), (e) and (g) of sub-section (3) of section 3, unless he is a registered AHP.

(2) No person shall be eligible for nomination under clauses (d) and (e) of sub-section (3) of

section 3 unless he resides in the Province concerned or as the case may be, the ICT or a federal

territory or region.

6. Term of office of the members.— (1) The President of the Council shall be elected by the

members of the Council by majority of votes from amongst its members, in its first meeting.

(2) Subject to provisions of this section, a member, other than an ex-officio member, shall hold

office for a term of four years from the date of notification of such member after nomination by the

nominating authority.

(3) A member may at any time resign from his membership by presenting his resignation in

writing addressed to the President of the Council and the seat of such member shall be deemed to have

fallen vacant from the date of acceptance of his resignation by the President of the council.

(4) A member shall be deemed to have vacated his seat,—

(a) if the member ceases to represent the particular interest for which he was

nominated to represent or hold any office or appointment by virtue of which he

was qualified to be nominated; and

(b) if a member is declared by the council to have been absent without sufficient

cause from three consecutive meetings of the Council.

(5) The member shall continue to be a member so long as he holds the position on the basis of

which he was nominated.

(6) Where the said term of four years is about to expire in respect of any member, his successor

may be nominated at any time within three months before the said term expires, but shall not assume

office until the said term has expired.

(7) A vacancy in the membership of the Council shall be filled within ninety days for the

remainder of the term or the term of such member in the same manner in which such member was

nominated.

7. Meeting of the Council.— (1) The Council shall, for the purpose of transacting its business,

meet at least once in every quarter at such time and place as the President of the Council may determine

or on rotation basis in each Province and ICI.

(2) Special meeting may be held at such time and place as the President of the Council may

determine or by submitting a written request signed by not less than two thirds of the members to the

President and the President shall call the meeting within thirty days of receipt of the request.

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(3) The Secretary shall arrange a special meeting if required, under subsection (2), on written

notice sent to all the members by special arrangements at least seven days before the date fixed for

such meeting.

(4) The quorum of the meeting shall be two-third voting members for meeting of the Council

and all decisions of the Council shall be made by a majority of the members present and voting. Only

members present at the time of meeting shall vote and no proxy vote shall be admissible.

8. President and Vice President.— (1) The Council shall at its first meeting, elect from

amongst its members a president and vice president.

(2) The president and vice president of the Council shall hold office so long as he continues to

be a member.

(3) The president and vice President shall be elected by majority vote of members present and

voting in the meeting.

(4) Whenever the office of the president is vacant or the president is unable to perform the

duties of his office for any reason, the vice president shall act in his place and shall perform the duties

of the president.

9. Advisory Committees of the Council.— (1) The Council shall constitute advisory

committees for each discipline mentioned in Schedule-1 or any other discipline recognized by Council.

(2) Each advisory committee shall consist of five reputable registered members in the relevant

discipline including one from each Province and one from ICT to be nominated by the respective

health departments in the Provinces and Division concerned to the extent of the ICT.

(3) Each advisory committee shall elect a chairman by majority vote amongst its members in

its first meeting which shall be called by the president of the Council.

10. Functions of the advisory committee.— Advisory committee shall assist and recommend

to the Council for the following, namely:-

(a) developing standards and procedures for examinations in their respective

disciplines;

(b) developing the scope and course of study for qualifications in the said discipline;

(c) developing the standards of teaching to be maintained by institutions conducting

the approved courses of study and to prescribe the qualifications of the faculty

members;

(d) developing guidelines for the provision of all the facilities to the students for

education and clinical training in the relevant discipline;

(e) developing standards for recognition of degrees, diplomas and certificates in the

respective discipline granted by institutions in Pakistan and abroad;

(f) fixing the appropriate fees for inspection of institutions, examination, registration

and renewal of license in the relevant discipline;

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(g) withdrawal of recognition of an institution for violation of the provisions of this

Act or rules and regulations made there under or the terms and conditions of the

recognition;

(h) withdrawal or suspension of the registration of an Allied Health Professional in

the relevant field for violation of provisions of this Act or rules and regulations

made there-under or the terms and conditions of the registration.

(i) Inspection criteria of institutions not affiliated to a university and imparting

education and conducting examination in the respective discipline;

(j) establishing the standards of practice, Code of ethics and conduct for the

respective discipline;

(k) conduct licensing examinations in the prescribed manner as directed by the

Council for registration and renewal of license in the respective discipline;

(l) conduct training courses and programs for continual professional development in

the relevant field; and

(m) to conduct any inquiry, as directed by the Council, if so deemed necessary.

11. Officers and servants of the Council.— (1) The Council shall appoint a Secretary to the

Council and a Director Education, Director Examination, Director Licensing, Director Administration

& Human Resource and a Director Finance and such other officers and servants as it may deem

necessary for carrying out the functions of the Council:

Provided the Federal Government may by notification direct the National Medical Authority

to undertake and provide all administrative functions of the Allied Health Council including the

functions of any or all the Directors except the functions of the Secretary which shall be performed by

the Secretary of the Council. The costs of such administrative functions shall be reimbursed to the

National Medical Authority by the Allied Health Council or the Federal Government as directed by

the Federal Government.

(2) The Council shall determine the terms and conditions of service and fix the pay and

allowances of its officers and servants competitive to market rates.

(3) All persons appointed or employed under this Act shall be deemed to be public servants

within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

12. Recognition of institution imparting basic or higher qualification.— (1) The Council

on the recommendation of the relevant advisory committee, may grant recognition to any institution,

which grants or trains or both in courses for basic or higher qualifications for various AHP’s.

(1) Any institution, which provides courses for basic or higher qualifications for various

Allied Health Professionals in the Pakistan may apply to the Council for recognition.

(2) The Council shall assess the institution and the qualifications as per prescribed procedures.

(3) The Council shall maintain a public register listing all institutions and qualifications granted

recognition by it and the date of grant of such recognition.

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(4) All institutions established before the commencement of this Act shall apply for recognition

within one year after the commencement of this Act.

13. Recognition of foreign qualifications.— (1) Notwithstanding section 16, the Council may

on the recommendation and evaluation by the relevant advisory committee, recognize any foreign

basic or higher qualification granted by any foreign institution for purposes of licenses and

qualification in Pakistan.

(2) The Council shall register and grant a license to any foreign licensed AHP who has

acquired a license or is registered with an allied health authority in a country recognized by the

Council.

14. Recognition of continuous professional development opportunity providers.— (1)

Any organization in Pakistan, offering opportunities of continuous professional development (CPD),

to AHP’s shall apply to the Council to have such facility recognized and Council on the

recommendations of the relevant advisory committee may recognize such institutions and facilities as

a recognized CPD provider.

(2) A separate list of international CPD providing organization or institutes recognized by the

Council shall also be maintained by the Council.

15. Reciprocal recognition of qualification.— (1) The Council may, for settling a scheme of

bilateral reciprocity for recognition of qualifications, enter into negotiations with concerned regulatory

authority in a foreign country which by the law of such country, is entrusted with the maintenance of

or is authorized to maintain, a register of each category of AHP.

(2) The Council may, in pursuance of any scheme of reciprocity settled under sub-section (1)

declare in respect of any basic or higher qualification granted by relevant body in such country that

such body when granted such basic or higher qualification after the date specified, shall be a

recognized basic or higher qualification for the purpose of this Act on reciprocal grounds.

(3) Notwithstanding that a scheme of reciprocity has not been settled under sub-section (1),

the Council may, after recommendations of the relevant advisory committee, declare that a basic or

higher qualification granted by an institution or authority of a foreign country shall, for such period

and subject to such conditions if any, as may be specified in the notification be recognized basic or

recognized higher qualification for the purpose of this Act.

16. Registration of Allied Health Professionals whose qualification may be considered

recognized qualification.— (1) Any relevant basic or higher qualification whatsoever attained

 

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