Legal Mandate

Scope & Legal Mandate

 

Functions & Powers

Functions:

The Directorate of Anti-Quackery under section 08 of SHCC regulations 2017 shall be responsible to assist the Chief executive officer in performance of the following functions.

 

  1. Develop, update & implement Anti-Quackery strategies and measures and issue necessary directions.
  2. Coordinate with key stakeholders such as Health Department, DGHSS, DHOS, district administration and law enforcing agencies etc. for conduct of Anti-Quackery activities.
  3. Keep proper record of the anti-quackery activities, results achieved and all other ancillary matters.
  4. Prepare comprehensive monthly, within one month for quarterly and annual reports, and submit the same to the Director M&E regularly.
  5. Receive and investigate the reports /complaints relating to the Quacks.
  6. Seal/Close down the premises of the Quack if the report complaint is found to be true.
  7. Recommend the Chief Executive officer of the commission to impose fine upon the Quack U/S 28 (1) and upon such medical officer under whose board/name the quack was practicing (in accordance with the order passed by the High Court of Sindh in C.P No D-919/2014 on 20.10.2016) which may extend to five hundred rupees in either case, depending upon the facts and circumstances of the case and keeping in view the gravity of the offence, or to proceed for cancellation of registration with the relevant council of the healthcare service provider found to be practicing quackery; provided that the Director Anti-Quackery  shall issue a show-cause notice upon  the defaulter wherein a minimum of fifteen days time, from receipt of the communication, shall be given to the respondent to submit his defense if any and an opportunity of personal hearing shall also be afforded to the respondent before giving recommendation for imposition of fine and provided further that the Chief Executive officer of the Commission shall take approval of the Board of Commission U/S 9(2) of the Act before issuing orders for imposition of fine.

 

Powers:

Section 39 of SHCC regulations 2017 defines the powers and functions of Anti-Quackery team as;

(1)          The Anti-Quackery Team shall have the powers to:

(a)          Inspect any healthcare establishment

(b)          Check any document, material, procedure, credentials of the staff etc. for the purposes of verification under these regulations

(c)           Take copies/samples if required

(d)          Seize all or any relevant material/evidence, if deemed necessary, including but not limited to prescription slips, medicines being given and/or administered to the patients by the healthcare service provider

(e)          Prepare a recovery memorandum at the premises/site in the presence of the Owner, Manager, In-charge of the Healthcare Establishment or the Proprietor, as the case may be, and take his/her signature along with thumb impression. In case, such person(s) refuse to do so, it would be sufficient for the Incharge of the team to record such refusal.

(f)           Record statements of the patients and/or their attendants who may be willing to appear before the Commission as a witness.

(g)          Seal/close down the premises where quackery is being practiced in any form whatsoever, permanently or till the completion of the rectification measures or issue warning to the defaulter, as deemed fit and appropriate under the circumstances.

(h)          Recommend:

i.              Imposition of fine upon the quack U/S 28 (1) and upon such medical officer under whose board/name the quack was practicing which may extend to five hundred thousand rupees in either case.

ii.             Cancellation of registration with the relevant council, of any healthcare service provider found to be practicing quackery.

iii.            Initiation of legal action including lodgment of case against the defaulter(s).

(2)          Prepare a report and forward the same to the Director Anti-quackery along with the copies/samples/seized materials/recovery memorandum/ statements recorded etc. as enunciated above.

 

Legal Mandate

Legal Mandate under SHCC Act 2013

 

Relevant Provision

Introduction

 

A Healthcare service Provider shall be deemed as “quack” if he/she is:

  1. Duly qualified but not validly registered with Pakistan Medical & Dental Council, Council for Tibb and Homeopathy and Nursing Council;
  2. Neither Qualified nor registered with the relevant council
  3. Duly qualified nor registered but providing services beyond the provisions nor validly registered medical practitioner 

Section 2 (xxix)

Function & powers related to Anti-Quackery

 

The Commission has been empowered to take necessary steps to ban quackery in the province.

Section 4 (2) q

The Commission shall coordinate with the Government in the performance of its functions.

Section 4 (4) b

Registration & Licensing

 

Any Practitioner in possession of a medical qualification that allows him to practice Medicine or surgery in the European Union, Canada, UK, Australia or United States shall be eligible to do the same n the Province of Sindh without hindrance but will be responsible to provide good medical care with ethics under this Act. He shall be answerable to the authority for any Queries arising from the care provided by him under this Act. He will follow the regulations of this Act in the same manner as applicable to other doctors working in the Province, subject to registration with Pakistan Medical and Dental Council.

Section 4 (12)

 

The Commission may impose a fine which may extend to five hundred person thousand rupees upon a healthcare service provider or any other who practices without registration.

Section 13 (5)

Inspection and Enforcement

 

The Inspection team may Inspect any apparatus, appliance, equipment, instrument, product, goods or item used or found in, or any practice or procedure being carried out at the healthcare establishment.

Section 22 (3)

The Inspection team may enquire if there has been any instance of maladministration, malpractice or failure in the provision of healthcare services

Section 22 (4)

Where it appears to the Commission that the Circumstances of a case warrant action under any other law, the Commission may refer such case to the concerned governmental authorities or law enforcement agencies for appropriate action under relevant laws.

Section 26 (2)

Imposition of fines and penalties

 

Impose and collect penalties on violation, beach or noncompliance of the provisions, rules, regulations, standing order and instruction issued under this Act.

Section 4 (2) g

Impose fine upon the quack and upon such medical officer under whose board/name the quack was practicing (in accordance with the order passed by the High Court of Sindh in C.P.NO.D-919/2014 on 20-10-2016) which may extend to five hundred thousand rupees in either case,

Section 28(1)

 

Miscellaneous

 

No suit or other legal proceedings shall lie against Government, the Commission, Board, Technical Advisory Committee, Chief Executive Officer, officers, Inspection teams, advisors, consultants or agents of the Commission for anything done in good faith in the Execution or purported execution of this Act, rules or regulations.

Section 27

All executive authorities and law enforcement agencies of Government shall act in aid of the commission.

Section 35